France | Law on Energy Transition and Renewable Energy

After several readings in the two chambers of French parliament, the bill relating to the energy transition for green growth (hereinafter the “Law on Energy Transition”) was adopted by the French Parliament on 22 July 2015. The text was deferred to and generally approved by the French Supreme Court (Conseil constitutionnel), in particular as regards the provisions relating to wind power and other renewable energies .

Law no. 2015-992 of 17 August 2015 was published in the Official Journal on 18 August 2015.

The Law on Energy Transition defines the new objectives of the national energy policy, including:

• On the one hand, to reduce greenhouse gas emissions and energy consumption. The law aims to reduce greenhouse gas emissions by 40% in 2030 (as compared with 1990 levels), and to quarter greenhouse gas emissions between 1990 and 2050. To reach these objectives, the law aims to reduce primary energy consumption of fossil energies by 30% in relation to the 2012 year of reference.
   
• On the other hand, to increase the percentage of renewable energies in the French energy mix. The share of renewable energies in the final gross energy consumption will be increased to 23% in 2020 and 32% in 2030. Renewable energies will thus be widely in demand in the energy transition process, since they must represent 40% of electricity production in 2030. For its part, the share of nuclear energy in electricity production should reduce to 50% by 2025.

The Law on Energy Transition also provides for the implementation of multiannual energy programming (“MEP“). This MEP sets out the objectives and priorities of public authorities in their management of various forms of energy. Consultations for the MEP’s drafting will begin before 31 December 2015.

As regards the second objective, the Law on Energy Transition includes two main sets of measures concerning renewable energy. It modifies the regime in favour of electricity generated from renewable sources (see chapter 1 of this newsletter) and provides for the application of new rules for the establishment of onshore wind turbines (see chapter 2 of this newsletter). Lastly, the Law on Energy Transition includes measures concerning hydroelectric concessions (see chapter 3 of this newsletter).

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