Energy Orientation Law Of July 13, 2005

The National Assembly and the Senate adopted,

Considering the decision of the Constitutional Council n ° 2005-516 DC of July 7, 2005 ;

The President of the Republic promulgates the law, the content of which follows:
TITLE I

NATIONAL ENERGY STRATEGY

Article 1

Energy policy is based on a public energy service which guarantees the strategic independence of the nation and promotes its economic competitiveness. Its conduct requires the maintenance and development of national and local public enterprises in the energy sector.

This policy aims to:

contribute to national energy independence and guarantee security of supply;

ensure a competitive price for energy;

preserve human health and the environment, in particular by combating the worsening of the greenhouse effect;

 guarantee social and territorial cohesion by ensuring everyone’s access to energy.

The State ensures the consistency of its action with that of local authorities and the European Union according to the guidelines set out in the appended report.

Article 2

To achieve the objectives defined in Article 1, the State ensures:
controlling energy demand;
diversify sources of energy supply;
develop research in the field of energy;
provide means of transport and storage of energy adapted to needs.

In addition, the State promotes the reduction of the health and environmental impact of energy consumption and limits, on the occasion of the production or consumption of energy, pollution on the environments linked to extraction and the use of fuels as well as liquid or gaseous discharges, in particular greenhouse gas emissions, dust or aerosols. To this end, the State is gradually strengthening the monitoring of air quality in urban areas as well as, in parallel with the development of technologies, the standards applying to pollutant discharges and the conditions of transport of fossil fuels. Its action also aims to limit:
noise, particularly in transport;
disturbances caused by hydroelectric structures on watercourses;
the impact on the landscape of wind turbines and power lines;
the consequences of radioactive releases and the accumulation of radioactive waste.

The fight against climate change is a priority of the energy policy, which aims to reduce France’s greenhouse gas emissions by 3% per year on average. Consequently, the State draws up a “climate plan”, updated every two years, presenting all the national actions implemented to fight against climate change.

In addition, since this fight must be led by all States, France supports the definition of an objective of halving global greenhouse gas emissions by 2050, which requires, given the differences in consumption between countries, a division by four or five of these emissions for developed countries.
In order to ensure a competitive price for energy, the energy policy seeks to consolidate the advantage for France of benefiting, thanks to its technological choices, in particular in favor of nuclear electricity, from one of the cheapest electricity in Europe. This policy ensures the competitiveness of industry and, in particular, of companies whose profitability depends heavily on the cost of electricity. The choice of the energy mix, the methods of financing public electricity service missions and energy management policies as well as the regulatory mechanisms all contribute to this objective.

In order to guarantee social and territorial cohesion, the right of access to energy, and in particular to electricity, under conditions independent of the place of consumption, a constitutive element of national solidarity, must be preserved. Energy, in particular electricity, being a basic good, the State guarantees access to it to the most deprived people through the existence of a social tariff and maintains solidarity mechanisms that ensure it. access to households in great difficulty.

Finally, in the energy field, the State ensures permanent research, through consultation procedures, of

Article 3

The first axis of the energy policy is to control energy demand in order to bring the annual rate of decline in final energy intensity to 2% from 2015 and to 2.5% by 2030.

To this end, the State mobilizes all the instruments of public policies:
French and Community regulations relating to energy efficiency are evolving in all the sectors concerned as close as possible to technological capacities and prevent energy waste;
taxation of energy consumption and energy equipment promotes energy savings and better protection of the environment;
public awareness and education of the French are encouraged by the implementation of long-term information campaigns and the inclusion of energy issues in school curricula;

 consumer information is reinforced;
waste regulations promote the development of recycling and selective sorting channels allowing their energy recovery;
the voluntary commitments of the professions most concerned and the use of market instruments are encouraged.

In addition, the State, its public establishments and national public enterprises are implementing exemplary action plans both in the management of their building stocks and in their policies.

The guidelines appearing in the appended report specify the implementation of the energy demand control policy.

Article 4

The second axis of energy policy is to diversify France’s energy mix.

This diversification aims, in particular, to meet, by 2010, 10% of our energy needs from renewable energy sources.

It concerns, in the first place, electricity.

The State takes care to conserve, in French electricity production, a significant share of nuclear generation which contributes to security of supply, energy independence, competitiveness, and the fight against the greenhouse effect. and the influence of an industrial sector of excellence, even if, in the future, it will base electricity production alongside nuclear power on a growing share of renewable energies and, to meet peaks in consumption , on maintaining hydroelectric production potential and on thermal power stations.

The State therefore sets three priorities.

The first is to keep the nuclear option open by 2020 by having, around 2015, a new generation operational nuclear reactor making it possible to opt for the replacement of the current generation.

The second priority in terms of energy diversification in the electricity sector is to ensure the development of renewable energies.

This development must take into account, on the one hand, the specificity of the French electricity production park, which uses very little fossil fuels, so that the development of renewable electric energies is less significant in our country than in some. of our neighbors, and, on the other hand, the specificity and maturity of each sector.

Despite the current intermittence of certain sectors, renewable electrical energies contribute to security of supply and make it possible to combat the greenhouse effect. It is therefore appropriate to achieve the indicative target of domestic electricity production from renewable sources of 21% of total domestic electricity consumption by 2010. A target for 2020 will be defined by 2010. according to the development of these energies.

The third priority in terms of energy diversification in the electricity sector is to guarantee France’s security of supply in the oil, gas and coal sector for semi-basic and peak electricity production.

The diversification of our energy mix concerns, in the second place, the direct production of heat.

Since thermal renewable energies are largely replacing fossil fuels and therefore significantly reducing greenhouse gas emissions, their development is an essential priority and should allow, by 2010, a 50% increase in the production of heat from renewable sources.

The diversification of our energy mix concerns, in the third place, the transport sector, which must be the object of a profound reorientation, because it constitutes the main source of greenhouse gas emissions and pollution of the air.

Given their specific interest, particularly in the fight against the greenhouse effect, the State supports the development of biofuels and encourages the improvement of the competitiveness of the sector. To this end, the State creates, in particular by the approval of new production capacities, the conditions allowing to increase, in accordance with our European commitments, to 2% on December 31, 2005 and to 5.75% on December 31, 2010 share of biofuels and other renewable fuels in the energy content of the total quantity of gasoline and diesel sold on the national market for transport purposes.

In addition, the State supports the use of hybrid or electric vehicles and research into the use of fuel cells and hydrogen.

Energy diversification must also take into account the specific situation of non-interconnected areas which benefit from national solidarity through tariff equalization, financed by the public service charge compensation mechanism.

Finally, the State ensures security of supply in sectors where recourse to fossil fuels is predominant, in particular by promoting the variety and sustainability of the sources of supply used for the same energy, in particular through recourse to long-term contracts, and the diversity of energy sources supplying end-consumer equipment.

The guidelines appearing in the appended report specify the implementation of the policy of diversifying the French energy mix.

Article 5

The third axis of energy policy is to develop research in the energy sector.

Consequently, the State is committed to intensifying the French public and private research effort in the field of energy, to ensuring better coordination of the action of public research organizations and to organizing greater involvement of the private sector. In addition, it supports the European research effort in the field of energy so as to be able to at least match that carried out by the United States and Japan.

Research policy should enable France by 2015, on the one hand, to maintain its leading position in the field of nuclear energy and oil and, on the other hand, to

the inclusion of French research efforts in Community research programs in the field of energy;
 increasing energy efficiency in the transport, building and industry sectors and improving energy transport and distribution infrastructure;
 increasing the competitiveness of renewable energies, in particular fuels from biomass, photovoltaics, offshore wind, solar thermal and geothermal energy;
 support to the national nuclear industry for the development and improvement of the third generation EPR reactor and the development of innovative nuclear fuels;

 the development of technologies for the nuclear reactors of the future (fission or fusion), in particular with the support of the ITER program, and also of the technologies necessary for the sustainable management of nuclear waste;

 the exploitation of the potential of new vectors of rupture such as hydrogen, for which must be developed or improved, on the one hand, production processes such as electrolysis, reforming of hydrocarbons, gasification of biomass, photo-electrochemical decomposition of water or physico-chemical cycles using the heat delivered by new high-temperature nuclear reactors and, on the other hand, storage, transport and use technologies, in particular with fuel cells,
 the deepening of research on energy storage to limit the drawbacks linked to the intermittence of renewable energies and to optimize the operation of the nuclear sector.

To bring together skills, coordinate efforts and promote research on hydrogen and hydrogenated compounds, it is entrusted to the ministry in charge of energy, with the support of the French Petroleum Institute, of the Atomic Energy Commission. and the National Center for Scientific Research in particular, a specific mission on this subject, leading to the publication of an annual report.

The overall research effort on the development of renewable energies and energy management is greatly increased over the three years following the publication of this law.

Article 6

The fourth axis of the energy policy aims to ensure the means of transport and storage of energy adapted to the needs.
With regard to energy transport and distribution, it is important:
to develop electricity and natural gas transport and distribution networks in order to contribute to balanced land use planning and guarantee security of supply from each French region;
to strengthen electricity interconnections with neighboring European countries without these exempting any European country from having a minimum production capacity;
 facilitate the investment necessary for the construction of gas pipelines between producing and consuming countries, in particular by preserving the use of long-term contracts;
develop the liquefied natural gas sector;
make the transport of petroleum products by sea safer by strengthening European and international legislation;
maintain a balanced service to the whole of the territory through the retail fuel distribution network.

The State also ensures the development and proper use of gas storage as well as the maintenance of a level of stock allowing to preserve the security of supply in the event of an exceptional climatic event.

In the oil sector, the State ensures the maintenance of an efficient refining tool and the existence of stocks equivalent to nearly a hundred days of domestic consumption.

Article 7

After article 3 of law n ° 82-1153 of December 30, 1982 on the orientation of inland transport, an article 3-1 is inserted as follows:

“Art. 3-1. – In order to integrate the need to reduce the consumption of hydrocarbons linked to freight transport and fight against greenhouse gas emissions, the State gives priority in terms of infrastructure for this type of transport. rail and river investments and the development of cabotage, while taking into account the requirements linked to economic development and regional planning.

“In order to integrate the need to reduce the consumption of hydrocarbons in the field of passenger transport and fight against greenhouse gas emissions, the State grants, in terms of infrastructure for this type of transport, priority for public transport in urban areas and rail investments over the development of road or airport projects, while taking into account the requirements of economic development and land use planning. “

Article 8

I. – The taxation of energies takes into account the impact of their use on the competitiveness of the economy, public health, the environment and security of supply and aims, with regard to these objectives, for a balanced treatment between the different types of energy.

It also takes into account the need to make renewable energies competitive, in order to promote their development.

II. – Article 25 of Law No. 96-1236 of December 30, 1996 on air and the rational use of energy is repealed.

Article 9

The State plans, in the next multi-year investment program provided for in article 2 of law n ° 2000-108 of February 10, 2000 relating to the modernization and development of the public electricity service, the construction of a nuclear reactor demonstrator of the most recent design

Article 10

I. – The minister in charge of energy and the minister in charge of research adopt and make public a national strategy for energy research. Defined for a period of five years, this strategy, based on the objectives defined in article 5, specifies the priority themes of research in the energy field and organizes the link between public and private research. The Parliamentary Office for the Evaluation of Scientific and Technological Choices assesses this strategy and its implementation.

II. – The Government transmits to Parliament an annual report on technological advances resulting from research relating to the development of renewable energies and energy control and which promotes their industrial development. It presents the conclusions of this report to the Parliamentary Office for the Evaluation of Scientific and Technological Choices.

Article 11

The Minister in charge of cooperation and the Minister in charge of energy put in place an “Energy for development” plan which mobilizes and coordinates the means necessary to extend access to energy services for populations in developing countries. This plan favors energy control and local renewable energies. The Government reports every three years to the Parliamentary Office for the Evaluation of Scientific and Technological Choices on the progress of the plan.

Article 12

The minister in charge of energy and the minister in charge of housing are setting up a “Face-Sud” plan which promotes and disseminates renewable energies in buildings, in order to reinforce natural thermal and electrical inputs.

This plan ensures the mobilization of the means necessary to achieve a target of installing 200,000 solar water heaters and 50,000 solar roofs per year in 2010.

The annual energy report published by the ministry in charge of energy reports on the progress of the plan.

Article 13

The Minister in charge of energy and the Minister in charge of agriculture put in place an “Earth-energy” plan which mobilizes the necessary means to achieve an objective of saving imports of at least 10 million tonnes of ‘oil equivalent in 2010 thanks to the contribution of biomass for the production of heat and fuels.

To this end, this plan promotes the production, promotion and distribution of biofuels in transport.

The annual energy report published by the ministry in charge of energy reports on the progress of this plan.

TITLE II
CONTROL OF ENERGY DEMAND
Chapter I
Energy saving certificate

Article 14

I. – Legal persons who sell electricity, gas, heat or cold to final consumers and whose annual sales exceed a threshold as well as natural and legal persons who sell domestic fuel oil to final consumers are subject energy savings obligations. They can free themselves from these obligations either by directly or indirectly making energy savings, or by acquiring energy saving certificates.

The administrative authority distributes the amount of energy savings to be made, expressed in kilowatt-hours of final energy saved, among the persons mentioned in the previous paragraph. It notifies each of

II. – At the end of the period considered, the persons mentioned in I justify the fulfillment of their obligations by producing energy saving certificates obtained or acquired under the conditions provided for in article 15.

In order to free themselves of their obligations, domestic fuel oil distributors are authorized to join together in a structure to set up collective actions aimed at achieving energy savings or to acquire energy saving certificates.

III. – Persons who have not produced the necessary energy saving certificates are required to acquire them. To this end, they are required to offer to purchase certificates entered in the national register of energy saving certificates mentioned in article 16 at a price which may not exceed the amount of the payment provided for in IV.

IV. – The persons who do not respect the prescriptions of the formal notice within the time limit are required to release themselves by a payment to the Public Treasury. This payment is calculated on the basis of a maximum penalty of EUR 0.02 per kilowatt hour. Its amount is doubled, except during the first three-year period of application of the device, if people do not provide proof that they do not

The receipts are issued by the administrative authority and are collected as in matters of foreign debts to the tax and to the domain. A penalty of 10% of the amount due is imposed for each semester of delay.

V. – The costs related to the fulfillment of the obligations attaching to sales to customers who benefit from regulated energy sales tariffs are taken into account in the tariff changes adopted by the ministers responsible for the economy and the economy. ‘energy. This inclusion may not give rise to cross-subsidies between eligible customers and non-eligible customers.

VI. – A decree in the Council of State sets the conditions for the application of this article, in particular the annual sales threshold referred to in I, the national energy savings objective and its period of achievement as well as the content, conditions and procedures for setting energy saving obligations, depending on the type of energy considered, the categories of customers and the volume of activity.

Article 15

Any person referred to in Article 14 or any other legal person whose action, additional to their usual activity, enables energy savings to be achieved by a volume greater than a threshold set by order of the Minister responsible for energy obtains, at its request, in return, energy saving certificates issued by the State or, on its behalf, by a body authorized for this purpose by the Minister in charge of energy. This threshold can be reached by legal entities coming together and designating one of them or a third party who obtains, on their behalf, the corresponding energy saving certificates.

The installation of equipment allowing the replacement of a non-renewable energy source by a renewable energy source for the production of heat in a building gives rise to the issuance of energy saving certificates according to the terms of specific calculation.

Energy saving certificates are movable movable goods, the unit of account of which is the final kilowatt-hour of energy saved. They may be held, acquired or transferred by any person referred to in Article 14 or by any other legal person. The number of units of account depends on the characteristics of the goods, equipment, processes or procedures used to achieve energy savings and on the state of their markets. It can be weighted according to the energy situation of the geographical area where the savings are made.

The energy savings achieved in the classified installations referred to in Article L. 229-5 of the Environment Code or those resulting exclusively from the substitution between fossil fuels or from compliance with the regulations in force do not give rise to issuance of energy saving certificates.

The first certificates are issued within a maximum period of one year from the publication of this law.

A Council of State decree specifies, in addition to the conditions of application of this article, the additionality criteria for actions and the period of validity of energy saving certificates, which may not be less than five years.

Article 16

Energy saving certificates are only materialized by their registration in the national register of energy saving certificates, accessible to the public and intended to keep the accounts of certificates obtained, acquired or returned to the State. Any person referred to in Article 14 or any other legal person may open an account in the national register.

The keeping of the national register may be delegated to a legal person designated by the State.

In order to ensure the transparency of transactions linked to energy saving certificates, the State or, where applicable, the legal person referred to in the second paragraph shall make public the average price at which these certificates were acquired or sold.

The State publishes every three years, as from the publication of this law, a report analyzing the functioning of the device of the energy saving certificates and retracing all the transactions related to the certificates.

A decree in the Council of State sets the conditions for the application of this article, in particular the missions of the delegatee, the conditions of his remuneration and the methods of recording the various operations relating to certificates in the national registe

Article 17

I. – The fact of being unduly issued, by any fraudulent means whatsoever, an energy saving certificate is punishable by the penalties provided for in articles 441-6 and 441-10 of the penal code.

The attempt of the offense provided for in the preceding paragraph is punished by the same penalties.

Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offense defined in this I.

The penalties incurred by legal persons are those provided for in article 441-12 of the penal code.

II. – The civil servants and agents of the State services in charge of industry mentioned in 2 ° of article L. 226-2 of the environment code are empowered to investigate and note the infringement provided for in I of this present article under the conditions provided for in articles L. 226-3 and L. 226-5 of the same code.

Obstructing the exercise of the functions entrusted by the preceding paragraph to officials and agents is punished by six months’ imprisonment and a fine of EUR 7,500.

Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offense defined in the previous paragraph. The penalties incurred by legal persons are those provided for in II and III of article L.

Chapter II

Provisions relating to local authorities

Article 18

In the first sentence of IV of article 164 of law n ° 2004-809 of August 13, 2004 relating to local freedoms and responsibilities, the words: “one year” are replaced by the words: “two years” .

Article 19

I. – After the fourth paragraph of I of article L. 2224-31 of the general code of local authorities, a paragraph is inserted as follows:

“The organizing authority of a public electricity distribution network and gaz can exercise conciliation missions with a view to settling disputes relating to the supply of energy of last resort, mentioned in article 15 of the aforementioned law n ° 2000-108 of 10 February 2000 and in article 16 of the aforementioned law n ° 2003-8 of January 3, 2003, which would be submitted to it by eligible consumers connected to its network or their suppliers. “

II. – In the fifth paragraph of article 15 of the law n ° 2004-803 of August 9, 2004 relating to the public service of electricity and gas and to the electricity and gas companies, the reference: “in the fifth paragraph” is replaced by the reference: “in the sixth paragraph”.

Article 20

I. – Article L. 2224-31 of the general code of local authorities is thus amended:

1 ° The sixth paragraph of I is supplemented by a sentence worded as follows:

“He may also grant financial aid for the performance of operations control of the demand for electricity or the production of electricity by renewable energies, the project management of which is ensured under the conditions provided for in the previous paragraph, when they make it possible to avoid network extensions or reinforcements , as well as, in areas not interconnected to the continental metropolitan network, for the construction of local production facilities mentioned in article L. 2224-33. “;

2 ° The penultimate paragraph of II is completed by the words:

3 ° III is worded as follows:

“III. – Municipalities, their public inter-municipal cooperation establishments or their mixed unions which do not have a public natural gas distribution network or whose service works are not in progress may concede public gas distribution to any company approved for this purpose by the Minister in charge of energy, under the conditions specified in article 25-1 of the aforementioned law n ° 2003-8 of January 3, 2003. These municipalities and these establishments can create an agency approved by the Minister in charge of energy, have recourse to an existing establishment of this type or participate in an existing semi-public company. “

II. – Article L. 2224-34 of the same code is thus amended:

1 ° The first paragraph is worded as follows:

extension or strengthening of public network energy distribution networks under their jurisdiction. These actions can also tend to control the demand for network energy from people in precarious situations. “;

2 ° In the second paragraph, the words: “electricity” are replaced by the words: “network energies”;

3 ° The last paragraph reads as follows:

“Actions to control the demand for network energy may give rise to the issuance of energy saving certificates to the local authorities or their groups concerned, under the conditions provided for in articles 15 and 16 of the law n ° 2005-781 of July 13, 2005 of program fixing the orientations of the energy policy. “

III. – In the last sentence of the last paragraph of article 23 bis of law n ° 46-628 of April 8, 1946 on the nationalization of electricity and gas, before the words: “electricity or gas”, the words: “of network energies, in particular” are inserted.

Article 21

1 ° of II of article L. 5214-16 of the general code of local authorities is supplemented by the words: “and support for actions to control energy demand”.

Article 22

After the fourth paragraph (c) of 6 ° of I of Article L. 5215-20 of the same code, a d is inserted as follows:

“d) Support for actions to control energy demand. “

Article 23

In the fifth paragraph (4 °) of II of Article L. 5216-5 of the same code, after the words: “against noise pollution,”, are inserted the words: “support for actions to control the demand for ‘energy,’. 

Article 24

I. – The first sentence of the first paragraph of article L. 2224-32 of the same code is thus amended:

1 ° The words: “the food supply” are replaced by the words: “to be sold to”;

2 ° The words: “to develop and operate” are replaced by the words: “to develop, operate, arrange for development and have operated”.

II. – The last paragraph of the same article is supplemented by a sentence worded as follows:

“At the end of the purchase obligation contract, they may sell the electricity produced to eligible customers and to electricity suppliers. “

Article 25

Public interest groups may be formed between persons governed by public or private law to exercise, for a fixed period, activities in the field of energy control or the promotion of renewable energies, as well as for create or manage equipment, personnel or common services necessary for these activities.

The provisions of Articles L. 341-1 to L. 341-4 of the Research Code as well as Articles L. 351-1 to L. 355-1 of the same code are applicable to these public interest groups. The director of each of these groups is appointed after consulting the Minister responsible for energy.

Chapter III

Energy management in buildings

Article 26

The title of section 4 of chapter I of title I of book I of the construction and housing code is completed by the words: “and energy performance”.

Article 27

I. – Articles L. 111-9 and L. 111-10 of the construction and housing code are worded as follows:

“Art. L. 111-9. – A decree in the Council of State determines:

“- the thermal characteristics and the energy performance of new constructions, according to the categories of buildings considered;

“- the categories of buildings which are the subject, before their construction, of a technical and economic feasibility study. This study evaluates or necessarily envisages for certain categories of buildings the various energy supply solutions for new construction, including those which call upon renewable energies, combined heat and energy production, heating or cooling systems. urban or collective if they exist, efficient heat pumps in terms of energy efficiency or gas condensing boilers, without prejudice to the decisions of the competent authorities for public energy distribution services;

“- the content and the methods of carrying out this study.

“Art. L. 111-10. – A decree of the Council of State determines:

“- the thermal characteristics and the energy performance of the existing buildings or parts of buildings which are the subject of work, according to the categories of buildings, the type of work envisaged as well as the report between the cost of this work and the value of the building beyond which these provisions apply;

“- the categories of buildings or parts of existing buildings which are the subject, before the start of work, of a technical and economic feasibility study. This study assesses the various energy supply solutions, including those using renewable energies;

“- the content and methods of carrying out this study;

“- the thermal characteristics that new equipment, structures or installations installed in existing buildings must comply with, depending on the categories of buildings considered;

“- the categories of equipment, works or installations referred to in the previous paragraph.

“Measures aimed at improving the thermal characteristics and energy performance of existing buildings as well as their impact on rents, rental charges and the cost of construction are assessed within five years from the publication of Law no. ° 2005-781 of July 13, 2005 of the program setting the guidelines for energy policy. “

II. – After article L. 111-10 of the same code, an article L. 111-10-1 is inserted as follows:

“Art. L. 111-10-1. – The prefect, the mayor of the municipality where the buildings are located and the president of the public inter-municipal cooperation establishment competent in housing matters may request communication of the studies referred to in Articles L. 111-9 and L. 111-10. These studies must be communicated within one month of the request. Their refusal to communicate is liable to the prosecution and sanctions provided for in Articles L. 152-1 to L. 152-10. “

III. – In articles L. 152-1 and L. 152-4 of the same code, after the reference: “L. 111-9,” are inserted the references: “L. 111-10, L. 111-10-1, “.

IV. – The 2 ° of II of article L. 224-1 of the environment code reads as follows:

“2 ° Provide that boilers and air conditioning systems whose power exceeds a threshold fixed by decree are subject to regular inspections, for which they set the conditions for implementation. As part of these inspections, advice on how to optimize the installation is, if necessary, given to owners or managers; “.

V. – Section II of Article L. 224-1 of the same code is supplemented by a 3 ° worded as follows:

“3 ° Prescribe to companies that sell energy or energy services the obligation to promote a rational use of energy and incentive to save energy in their advertising messages. “

Chapter IV

Consumer information

Article 28

The 2 ° of article L. 224-2 of the environmental code is supplemented by the words: “for the goods put up for sale, prescribe, if necessary, the display of the evaluation of the full cost, taking into account account of their energy consumption and purchase cost, and specify the methods of determination ”.

TITLE III

RENEWABLE ENERGIES 

Article 29

Renewable energy sources are wind, solar, geothermal, wave, tidal and hydraulic energies as well as energy from biomass, landfill gas, gas from wastewater treatment plants and biogas.

Biomass is the biodegradable fraction of products, wastes and residues from agriculture, including plant and animal substances, forestry and related industries as well as the biodegradable fraction of industrial and household waste.

Chapter I

Provisions relating to town planning

Article 30Title II of Book I of the Town Planning Code is supplemented by Chapter VIII as follows:
“Chapter VIII
“Provisions promoting energy performance

and renewable energies in the home

“Art. L. 128-1. – Exceeding the land use coefficient is authorized, within the limit of 20% and in compliance with the other rules of the local urban plan, for constructions meeting energy performance criteria or comprising production equipment of renewable energy.

“A Council of State decree determines the performance criteria and the equipment taken into account.

“The part of the construction in excess is not subject to the payment resulting from the exceeding of the legal density ceiling.

“Art. L. 128-2. – The provisions of article L. 128-1 are made applicable in the municipality by decision of its municipal council. “

Article 31

After the twentieth paragraph (13 °) of Article L. 123-1 of the Town Planning Code, a 14 ° is inserted as follows:

“14 ° Recommend the use of renewable energies for the energy supply of buildings new, depending on the characteristics of these constructions, subject to site and landscape protection. “

Article 32

In the first paragraph of I of article 30 of law n ° 80-531 of July 15, 1980 relating to energy savings and the use of heat, in the first sentence of II of article 87 of the finance law for 1987 (n ° 86-1317 of December 30, 1986) and in the first sentence of article L. 541-39 of the environment code, after the words: “and furniture”, are inserted the words: “, of credit”.

Chapter II

Electric renewable energies

Article 33

The operator of the public transmission network or the operators of public electricity distribution networks provide producers connected to these networks who request them with guarantees of origin for the quantity of electricity injected into their networks and produced in France at from renewable energies or by cogeneration. When they request it, the public transport network operator issues guarantees of origin to producers not connected to the network and to self-consumers of electricity from renewable energies or cogeneration.

The cost of the service thus created to deliver the guarantees of origin is the responsibility of their applicant.

The person purchasing, in application of articles 8, 10 or 50 of the aforementioned law n ° 2000-108 of February 10, 2000, electricity produced in France from renewable energies or by cogeneration is subrogated to the producer of this electricity. in its right to obtain the issuance of the corresponding guarantees of origin.

The operator of the public transmission network establishes and maintains a register of guarantees of origin. This register is accessible to the public.

A Council of State decree specifies the conditions for issuing guarantees of origin and for keeping the register, the tariffs for access to this service as well as the powers and means of action and control attributed to the operators of the public networks. transmission and distribution of electricity.

Article 34

Article 8 of the aforementioned law n ° 2000-108 of February 10, 2000 is thus amended:

1 ° After the words: “call for tenders”, the end of the first paragraph is deleted;

2 ° The penultimate sentence of the fourth paragraph is completed by the words: “immediately or, at the request of the successful candidate, when the final characteristics of the projects, in particular the location, have been determined”.

Article 35

Article 10 of the aforementioned law n ° 2000-108 of February 10, 2000 is thus amended:

1 ° In the penultimate sentence of the third paragraph (2 °), the words: “and benefiting from the obligation of purchase ”are deleted;

2 ° After this same paragraph, a paragraph worded as follows is inserted:

“New installations intended for the turbining of the minimum flows mentioned in Article L. 432-5 of the Environment Code carried out by the holder of an authorization or of a hydroelectric concession in progress benefit from the obligation to purchase independently of the main structure on condition that their installed capacity respects the limits set by the decree mentioned in the previous paragraph. “

Article 36

I. – The first sentence of the eighth paragraph of article 10 of the aforementioned law n ° 2000-108 of February 10, 2000 is replaced by two sentences worded as follows:

“The contracts concluded in application of this article by Electricité de France and the non-nationalized distributors mentioned in article 23 of the aforementioned law n ° 46-628 of April 8, 1946 provide for purchasing conditions taking into account the costs of investment and exploitation avoided by these buyers, to which may be added a premium taking into account the contribution of the production delivered or the sectors to the achievement of the objectives defined in the second paragraph of article 1 of this law. The level of this premium may not lead to the return on capital immobilized in facilities benefiting from these purchasing conditions exceeding normal return on capital, taking into account the risks inherent in these activities and the guarantee enjoyed by these facilities to sell all of their production at a determined price. “

II. – This article comes into force on March 31, 2006.

Article 37

I. – Article 10 of the aforementioned law n ° 2000-108 of February 10, 2000 is thus amended:

1 ° In the first sentence of 2 °, after the words: “renewable energies”, the words are inserted: ” , with the exception of those using the mechanical energy of the wind located in areas interconnected to the continental metropolitan network, ”;

2 ° After 2 °, a 3 ° is inserted as follows:

“3 ° Electricity production installations using the mechanical energy of the wind which are located within the perimeter of a wind power development zone, defined according to the terms set out in article 10-1. “

II. – After article 10 of the same law, an article 10-1 is inserted as follows:

“Art. 10-1. – The wind power development zones are defined by the prefect of the department according to their wind power potential, the possibilities of connection to the electricity networks and the protection of landscapes, historical monuments and remarkable and protected sites. They are offered by the municipality (ies) of which all or part of the territory is included in the proposed perimeter or by a public inter-municipal cooperation establishment with its own taxation, subject to the agreement of the member municipality (s) of which all or part of the territory is included in the proposed perimeter.

“The proposal for wind power development zones specifies their perimeter and defines the minimum and maximum installed power of the installations producing electricity from the mechanical energy of the wind that can benefit, within this perimeter, from the provisions of the Article 10. It is accompanied by elements facilitating the appreciation of the interest of the project with regard to the wind potential, the possibilities of connection to the electrical networks and the protection of landscapes, historical monuments and remarkable and protected sites.

“The decision of the prefect of the department is made on the basis of the proposal within a maximum period of six months from receipt thereof, after opinion of the departmental commission responsible for nature, landscapes and sites and municipalities bordering on those in which all or part of the territory is included in the wind power development zone. These opinions are deemed to be favorable for lack of response within three months following the transmission of the request by the prefect. The Prefect ensures the departmental consistency of wind power development zones and the regrouping of installations in order to protect the landscapes.

“The wind power development zones are binding on the regional wind power plan defined in I of article L. 553-4 of the environment code.

III. – The provisions of article 10 of the aforementioned law n ° 2000-108 of February 10, 2000, in its drafting prior to this law, remain applicable for two years after the publication of the said law, at the request of their operators, to electricity production installations using the mechanical energy of the wind to which the administrative authority has granted, during this period, the benefit of the purchase obligation in application of the same article in its drafting prior to this law, and for which a complete building permit application file has been submitted within the same timeframe.

IV. – In I of Article L. 553-2 of the Environment Code, the words: “including the total installed power on a single production site, within the meaning of the third paragraph (2 °) of Article 10 of law n ° 2000-108 of February 10, 2000 relating to the modernization and development of the public electricity service, exceeds 2.5 megawatts, “are replaced by the words:” whose mast height exceeds 50 meters “.

Article 38

Article L. 421-2-3 of the Town Planning Code is supplemented by a 3 ° worded as follows:

“3 ° In the case of electricity production installations of renewable origin located in internal or territorial waters , connected to the public electricity distribution and transmission network and subject to a building permit, it is deposited in the municipality in which the connection point to the public electricity distribution or transmission network is installed. For the instruction of the building permit, the mayor of this municipality exercises the powers of the mayor of the base municipality. “

Article 39

Section II of article 1609 quinquies C of the general tax code is amended as follows:

1 ° After the first sentence of the first paragraph, a sentence is inserted as worded:

“He may, under the same conditions, decide to replace its member municipalities to collect the professional tax paid by the electricity production installations using the mechanical energy of the wind located on the territory of these municipalities as of the publication of the program law n ° 2005-781 of July 13, 2005 setting the guidelines for energy policy. “;

2 ° The last sentence of the first paragraph is completed by the words: “economic activities”;

3 ° It is completed by a 5 ° worded as follows:

“5 ° The public inter-municipal cooperation establishment pays to the municipality or municipalities of which all or part of the territory is located within a wind power development zone or, in the absence of a wind power development zone, wind power, to the municipalities where the installations referred to in the first paragraph of this II are located and to the neighboring municipalities which are members of the public inter-municipal cooperation establishment, an allocation aimed at compensating for environmental nuisances linked to installations using the mechanical energy of the wind. This allocation cannot be greater than the product of the professional tax collected on these installations. “

Article 40

Article L. 553-3 of the Environment Code is thus amended:

1 ° At the end of the second sentence, the words: “under the conditions defined by decree of the Council of State” are deleted;

2 ° Are added two sentences thus worded:

“For the installations located on the maritime public domain, these financial guarantees are constituted from the beginning of their construction. A decree in the Council of State determines the conditions for constitution of financial guarantees. “

Article 41

Article L. 211-1 of the Environment Code is amended as follows:

1 ° 5 ° of I is worded as follows:

“5 ° The valuation of water as an economic resource and, in particular, for the development of the production of electricity from renewable sources as well as the distribution of this resource. “;

2 ° In 4 ° of II, after the words: “of the production of energy,”, are inserted the words: “and in particular to ensure the safety of the electrical system,”.

Article 42

I. – The I of article 6 of the aforementioned law n ° 2000-108 of February 10, 2000 is thus modified:

1 ° In the first sentence of the last paragraph, after the words: “To develop this programming,”, are inserted the words: “the perimeter of which takes into account the entire territory of areas not interconnected to the public electricity transmission network,”;

2 ° The same paragraph is completed by four sentences worded as follows:

“In order to establish this report, the public transmission network operator has access to all the information useful for the operators of the public distribution networks, producers, suppliers and consumers. It preserves the confidentiality of the information thus collected. A decree specifies the elements appearing in this report, its methods of preparation and the conditions under which the manager of the public transmission network informs the Minister in charge of energy of the risks of imbalance between national needs and the electricity available for satisfied. In addition, the managers of the public distribution networks in areas not interconnected to the continental metropolitan network prepare a forecast balance between supply and demand for electricity. electricity in their service area. “

II. – The same I is supplemented by a paragraph worded as follows:

“The Minister in charge of energy makes public an assessment, by geographical area, of the development potential of the sectors of electricity production from renewable sources, which takes into account multiannual investment programming. “

Article 43

The environmental code is thus amended:

1 ° III of Article L. 212-1 is supplemented by a sentence worded as follows:

“The diagram takes into account the evaluation, by geographical area, of the hydroelectric potential established in application of I of article 6 of law n ° 2000-108 of February 10, 2000 relating to the modernization and development of the public electricity service. “;

2 ° The second paragraph of Article L. 212-5 is supplemented by a sentence worded as follows:

“The diagram also takes into account the evaluation, by geographical area, of the hydroelectric potential established in application of I of Article 6 of the aforementioned law n ° 2000-108 of February 10, 2000. “;

3 ° I of Article L. 553-4 is supplemented by a sentence worded as follows:

“The diagram takes into account the assessment, by geographical area, of the wind power potential established in application of I of article 6 of law n ° 2000-108 of February 10, 2000 relating to the modernization and development of the public service of electricity. “

Article 44

Article 2 of the law of October 16, 1919 relating to the use of hydraulic energy is supplemented by a paragraph worded as follows:

“The power of an installation or a work granted or authorized may be increased once , at most 20% by declaration to the competent administrative authority. This increase does not modify the regime under which the company is placed within the meaning of this article, including when it has the effect of increasing the power of an authorized company above 4,500 kilowatts, and does not require the renewal or modification of the deed of concession or administrative authorization. The increase in power is granted subject to not compromising the safety and security of the works. “

Article 45

After article 2 of the aforementioned law of October 16, 1919, an article 2-1 is inserted as follows:

“Art. 2-1. – Administrative acts relating to the management of water resources, taken in application of the first paragraph of article 1 or of the fifth paragraph of article 2 of this law, of III of article L. 212-1 and the first paragraph of Article L. 212-3 of the Environment Code, are preceded by an energy balance by assessing the consequences with regard to national objectives for reducing gas emissions contributing to strengthening the effect of greenhouse and development of the production of electricity from renewable sources. “

Article 46

The authorization to install new equipment intended for the turbining of minimum flows is the subject of the procedures defined in application of 5 ° of article 28 of the aforementioned law of October 16, 1919, without prejudice to the provisions of article L 122-1 of the environment code.

Article 47

Article 1 of the aforementioned law of October 16, 1919 is supplemented by a paragraph worded as follows:

“The exploitation of hydraulic energy from installations or structures already authorized under Articles L. 214-1 to L. 214- 11 of the environment code is exempt from the concession or authorization procedure instituted in the first paragraph of this article, without prejudice to the application of the provisions of article L. 214-3 of the same code. “

Article 48

Article L. 214-4 of the Environment Code is supplemented by an IV worded as follows:

“IV. – A decree determines the conditions under which the authorizations for works or activities of a temporary, periodic nature and without any significant and lasting effect on the natural environment will be granted, without prior public inquiry, to the authorized hydroelectric companies which will carry them out. request for the duration of the title to be covered. The provisions of the decrees in force on the date of the publication of law n ° 2005-781 of 13 July 2005 on the program setting the guidelines for energy policy will be repealed if they are not in accordance with the provisions of the decree referred to below. above. “

Article 49

The first sentence of the second paragraph of article L. 1111-2 of the general code of local authorities reads as follows:

“They work together with the State in the administration and planning of the territory, in economic and social development, health, cultural and scientific, as well as the protection of the environment, the fight against the greenhouse effect by the control and rational use of energy, and the improvement of the living environment. “

Chapter III

Thermal renewable energies

Article 50

The Minister in charge of energy establishes and makes public a multi-year program of investments in the production of energy used for the production of heat. In this context, in particular, it sets objectives by renewable energy production sector and, where applicable, by geographic area.

TITLE IV
THE BALANCE AND QUALITY OF ELECTRICITY TRANSMISSION AND DISTRIBUTION NETWORKS

Article 51

After the second paragraph of article 3 of the aforementioned law n ° 2000-108 of February 10, 2000, two paragraphs are inserted as follows:

“The Energy Regulatory Commission monitors, under the conditions set by a decree in Council State, transactions carried out on organized electricity markets as well as border exchanges. This decree is taken after consulting the commission.

“When he considers that the behavior brought to the attention of the Energy Regulatory Commission in the exercise of the powers conferred on it by the third paragraph are likely to reveal practices prohibited by Articles L. 420-1 and L. 420-2 of the Commercial Code, its chairman refers the matter to the Competition Council in accordance with the terms set out in article 39 of this law. “

Article 52

After the second paragraph of Article 1 of Law No. 2003-8 of January 3, 2003 on the gas and electricity markets and the public energy service, two paragraphs are inserted as follows:

“The Commission of energy regulation supervises, under the conditions fixed by a decree in Council of State, the transactions carried out on the organized markets of natural gas as well as the exchanges at the borders. This decree is taken after consulting the commission.

“When he considers that the behavior brought to the attention of the Energy Regulatory Commission in the exercise of the powers conferred on it by the third paragraph are likely to reveal practices prohibited by Articles L. 420-1 and L. 420-2 of the Commercial Code, its chairman refers the matter to the Competition Council in accordance with the terms set out in Article 39 of Law No. 2000-108 of February 10, 2000 mentioned above. “

Article 53

Article 4 of the aforementioned law n ° 2000-108 of February 10, 2000 is supplemented by a V worded as follows:

“V. – The transfer tariffs mentioned in I replace, with regard to the supply of electricity, the pricing conditions appearing in current contracts between Electricité de France and non-nationalized distributors who have not exercised their right to eligibility within six months of the publication of the decree setting these tariffs. The terms of application of the pricing for the transmission of electricity are set by decree of the Council of State. “

Article 54

I. – Point I of article 5 of the aforementioned law n ° 2000-108 of 10 February 2000 is thus amended:

1 ° The twelfth paragraph is completed by a sentence worded as follows:

“The amount of the annual contribution, fixed for a given year, is applicable to the following years in the absence of the entry into force of a new decree for the year in question. “;

2 ° The last sentence of the sixteenth paragraph is deleted.

II. – Section IV of article 118 of law n ° 2004-1485 of December 30, 2004 on corrective finance for 2004 is thus amended:

1 ° After the words: “res judicata, the amount”, is inserted the word: “provisional “;

2 ° The words: “for the years 2004 and 2005” are replaced by the words: “for the year 2004”;

3 ° The words: “for the same two years” are replaced by the words: “for the years 2004 and 2005”.

Article 55

The second sentence of 1 ° of a of I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000 is completed by the words: “or, for non-nationalized distributors, by reference to the transfer rates mentioned in article 4 in proportion to the share of the electricity acquired at these tariffs in their total supply, after deduction of the quantities acquired under articles 8 and 10 above 

Article 56

The conditions for the remuneration of the capital immobilized in the means of electricity production used to calculate the compensation for the charges mentioned in 2 ° of a of I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000 are defined. by order of the Minister in charge of energy in order to guarantee the security of the electricity supply of the zones not interconnected to the continental metropolitan network.

Article 57

In the first sentence of the twelfth paragraph of b of I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000, the words: “twice a year” are replaced by the words: “four times a year “.

Article 58

After the I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000, an I bis is inserted as follows:

“I bis. – End consumers of electricity acquiring electricity produced from a renewable energy source or by cogeneration in another Member State of the European Union can request the reimbursement of part of the contribution paid in application I for this electricity when they guarantee its origin. The total amount of the reimbursement amounts to the product of the contribution paid for this electricity by the fraction represented, in the charges attributable to public service missions, the additional costs mentioned in 1 ° of a of I.

“Producers and suppliers who sell electricity produced from a renewable energy source or by cogeneration in another Member State of the European Union and benefiting as such from a guarantee of origin pay a contribution for this electricity. The total amount of this contribution is equal to a fraction equal to the share represented, in the public service charges, by the additional costs mentioned in 1 ° of a of I of the product of the number of kilowatt-hours sold by the contribution applicable to each kilowatt-hour consumed. in accordance with I. “

Article 59

After the I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000, an I ter is inserted as follows:

“I ter. – When the electricity acquired under the conditions provided for in Articles 8, 10 and 50 of this law is subject to recovery for the benefit of the purchaser because of its origin, the amount of this recovery is deducted from the public service charges recorded for this purchaser. “

Article 60

Chapter III of Title III of the aforementioned Law No. 2000-108 of 10 February 2000 is thus amended:

1 ° Its title is supplemented by the words: “and quality of electricity”;

2 ° It is supplemented by an article 21-1 worded as follows:

“Art. 21-1. – I. – The operator of the public transmission network and, without prejudice to the provisions of the sixth paragraph of I of article L. 2224-31 of the general code of local authorities, the operators of public electricity distribution networks design and operate these networks in such a way as to ensure an electricity supply of regular, defined quality that is compatible with the usual uses of electrical energy.

“II. – A decree, taken after advice from the technical committee for electricity, the Energy Regulatory Commission and the Higher Energy Council, sets the quality levels and the technical quality requirements which must be respected by the operator of the public transmission network and the operators of the public distribution networks. The corresponding required quality levels can be modulated by geographic area.

“In compliance with the provisions of the aforementioned decree, the specifications for the concession of the public transport network, the specifications for the distribution concessions mentioned in article L. 2224-31 of the general code of local authorities and the regulations of management department set the required quality levels.

“III. – When the level of quality is not reached in terms of supply interruptions attributable to the public distribution networks, the organizing authority can oblige the operator of the public distribution network concerned to hand over to a public accountant. a sum that will be returned after ascertaining that the quality level has been restored.

“A decree in the Council of State defines the methods of application of this article, in particular the general principles of calculation of the concerned sum referred to in this III, which take into account the nature and the importance of the non-respect of the quality observed. “

Article 61

Article 22 of the aforementioned law n ° 2000-108 of 10 February 2000 is thus amended:

1 ° In the first sentence of the third paragraph of II, the words: “when the total consumption of these customers is greater than the threshold mentioned in I ”are deleted;

2 ° In the last sentence of the same paragraph, the words: “continue to” are deleted;

3 ° The same paragraph is completed by two sentences worded as follows:

“Non-nationalized distributors make the declaration provided for in IV of this article when they exercise, in whole or in part, their eligibility rights. The distributor’s purchase for resale activity is limited to supplying eligible and non-eligible customers located in their service areas. “;

4 ° In the first paragraph of IV, the words: “to settle in the national territory for” are deleted.

Article 62

After the eighth paragraph of article 23 of the aforementioned law n ° 2000-108 of February 10, 2000, three paragraphs are inserted as follows:

“The network operator is, moreover, required to refuse access to the network:

” – to a producer who cannot prove an authorization or a declaration receipt issued in application of II of article 6;

“- to a supplier who does not carry out the activity of purchasing for resale in accordance with the prescriptions of the receipt issued in application of II or IV of article 22.”

Article 63

After article 23 of the aforementioned law n ° 2000-108 of February 10, 2000, an article 23-1 is inserted as follows:

“Art. 23-1. – I. – The connection of a user to the public networks includes the creation of extension works, low voltage connection works and, if necessary, the reinforcement of existing networks.

“The connection works are part of the public transport and distribution networks. A decree specifies the consistency of connection and extension works.

“II. – When the connection is intended to serve a production installation, the producer may, subject to the agreement of the contracting authority mentioned in article 14 or in the second paragraph of article 18, carry out at his own expense the connection work by companies approved by the contracting authority according to the provisions of specifications drawn up by the contracting authority. A decree in Council of State specifies the modalities of application of this II. “

Article 64

The third paragraph of article 7 of the law n ° 2004-803 of August 9, 2004 relating to the public service of electricity and gas and to the electricity and gas companies is supplemented by two sentences thus worded:

“The deputy managing directors or the members of the executive board are appointed by the board of directors or the supervisory board on a proposal from the chief executive officer or the chairman of the executive board. The function of chairman of the board of directors or of supervisory board of this company is incompatible with the exercise of any responsibility directly related to competitive activities within the management structures of other companies in the energy sector. “

Article 65

Article 30 of the aforementioned law n ° 2004-803 of August 9, 2004 is supplemented by a sentence worded as follows:

“When they exercise these rights for one of their consumption sites, these persons apply the procedures of said code determined according to consumption of this site and may retain the supply contract (s) for their other consumption sites. “

Article 66

The tariffs for the sale of electricity and natural gas to non-eligible customers mentioned in the first paragraph of I of article 4 of the aforementioned law n ° 2000-108 of 10 February 2000 and in the first paragraph of I of article 7 of the aforementioned law n ° 2003-8 of 3 January 2003 benefit, at his request, to an eligible consumer for the final consumption of a site for which he does not exercise the rights granted in III of article 22 of the aforementioned law n ° 2000-108 of February 10, 2000 or in the last paragraph of article 3 of the aforementioned law n ° 2003-8 of January 3, 2003, on condition that these rights have not been previously exercised, for this site, by that consumer or by another person.

For new consumption sites, the provisions of the previous paragraph are

TITLE V

MISCELLANEOUS PROVISIONS

Article 67

I. – Without prejudice to the provisions of I of article 5 of the aforementioned law n ° 2000-108 of February 10, 2000, the total amount due for the contribution to the public service of electricity by any industrial company consuming more of 7 gigawatt hours of electricity per year is capped at 0.5% of its added value.

A decree of the Council of State fixes the modalities of application of this article, which comes into force on January 1, 2006.

II. – After article L. 135 M of the book of tax procedures, an article L. 135 N is inserted as follows:

“Art. L. 135 N. – Agents of the Energy Regulation Commission, authorized and sworn in pursuant to article 43 of law n ° 2000-108 of February 10, 2000 relating to the modernization and development of the public service electricity, may receive from the tax administration the information necessary to establish the ceiling for the contribution to the public electricity service instituted by article 67 of law n ° 2005-781 of July 13, 2005 of program setting the guidelines for energy policy. “

Article 68

After article 1391 D of the general tax code, an article 1391 E is inserted as follows:

“Art. 1391 E. – It is granted on the property tax contribution on built properties relating to buildings used for housing, belonging to low-rent housing organizations referred to in Article L. 411-2 of the Code of construction and housing or mixed economy companies whose statutory purpose is the construction or management of housing, a reduction equal to a quarter of the expenses paid, at the rate of energy saving work referred to in Article L 111-10 of the same code during the year preceding that for which the tax is due. “

Article 69

In article 51 of the aforementioned law n ° 2004-803 of August 9, 2004, the words: “this law” are replaced by the words: “law n ° 2005-781 of July 13, 2005 of program setting the orientations of the energy policy ”.

Article 70

Article 45 of Law No. 46-628 of April 8, 1946 on the nationalization of electricity and gas reads as follows:

“Art. 45. – The Higher Energy Council is consulted on:

“1 ° All acts of a regulatory nature emanating from the State concerning the electricity or gas sector, with the exception of those relating to the area of ​​competence of the National Fund for Electricity and Gas Industries;

“2 ° The decrees and orders of a regulatory nature mentioned in articles 14 and 15 of the law n ° 2005-781 of July 13, 2005 of program fixing the orientations of the energy policy.

“The Higher Energy Council can issue, at the request of the Minister in charge of energy, opinions concerning the policy in matters of electricity, gas and other fossil fuels, renewable energies and savings. of energy. These opinions are sent to the Government.

“The Higher Energy Council is made up of:

“ 1 ° Members of Parliament;

“2 ° Representatives of the ministries concerned;

“3 ° Representatives of local authorities;

“4 ° Representatives of energy consumers as well as associations approved for the protection of the environment;

“5 ° Representatives of companies in the electricity, gas, oil, renewable energies and energy efficiency sectors;

“6 ° Representatives of the personnel of the electricity and gas industries.

“The operating costs of the Higher Energy Council are entered in the general state budget. The President of the Higher Energy Council submits annually to the Minister in charge of energy, during the preparation of the finance bill, a forecast of the council’s expenditure.

“A Council of State decree specifies the terms of application of this article. “

Article 71

After the second paragraph of I of article 16 of the aforementioned law n ° 2004-803 of 9 August 2004, a paragraph is inserted as follows:

“The board of directors of the fund is consulted on the draft legislative provisions or regulations having a direct impact on the financial equilibrium of the scheme or falling within its area of ​​competence. It delivers a reasoned opinion. A decree in Council of State fixes the modalities of application of this paragraph. “

Article 72

In the first sentence of the second paragraph of II of article 33 of the aforementioned law n ° 2000-108 of 10 February 2000, after the words: “of distribution”, the words: “, of trading” are inserted.

Article 73

The first paragraph of III of article 4 of the aforementioned law n ° 2000-108 of 10 February 2000 is replaced by three paragraphs worded as follows:

“Within the framework of the decree taken in application of I of this article, the reasoned proposals of Tariffs for the use of transmission and distribution networks are sent by the Energy Regulatory Commission to the ministers responsible for the economy and energy. The ministerial decision is deemed to have been taken, unless opposed by one of the ministers within two months of receipt of the committee’s proposals. Tariffs are published in the Official Journal by the ministers responsible for the economy and energy.

“Decisions on other tariffs and price ceilings referred to in this article are taken by the ministers responsible for the economy and energy, on the advice of the Energy Regulatory Commission.

“The Energy Regulatory Commission formulates its proposals and opinions, which must be substantiated, after having carried out any consultation it deems useful with stakeholders in the energy market. “

Article 74

Article 4 of the aforementioned law n ° 2000-108 of February 10, 2000 is supplemented by an IV worded as follows:

“IV. – The managers of the public electricity transmission and distribution networks implement systems enabling suppliers to offer their customers different prices depending on the time of year or day and encouraging network users to limit their consumption during the periods when the consumption of all consumers is highest.

“The structure and level of tariffs for the use of electricity transmission and distribution networks are set in order to encourage customers to limit their consumption to periods when the consumption of all consumers is highest in the to the extent that the overall product of these tariffs covers all the costs of using these networks.

“The specifications of the concessions and the service regulations of the electricity distribution boards are brought into conformity with the provisions of this article. A Council of State decree adopted on a proposal from the Energy Regulatory Commission, specifies the terms of application of the first paragraph, in particular the terms of financial support for this system. “

Article 75

The last paragraph of I of article 7 of the aforementioned law n ° 2003-8 of 3 January 2003 is replaced by three paragraphs worded as follows:
“In compliance with the provisions of the preceding paragraph and of III of this article, reasoned proposals for tariffs for the use of natural gas transmission and distribution networks and liquefied natural gas installations are sent by the Energy Regulatory Commission to the ministers responsible for the economy and energy, in particular to demand from operators. The ministerial decision is deemed to have been taken, unless opposed by one of the ministers, within two months of receipt of the committee’s proposals. Tariffs are published in the Official Journal by the ministers responsible for the economy and energy.

“Decisions on the other tariffs referred to in this article are taken by the ministers responsible for the economy and energy, on the advice of the Energy Regulatory Commission.

“The Energy Regulatory Commission formulates its proposals and opinions, which must be substantiated, after having carried out any consultation it deems useful with stakeholders in the energy market. “

Article 76

The rate of return on capital immobilized in means of electricity production, mentioned in article 56, is determined in such a way as to promote the development of the electrical system of the departmental community of Mayotte.

The provisions of article 10 of the aforementioned law n ° 2000-108 of February 10, 2000 and its application texts are applicable in the departmental community of Mayotte.

As of January 1, 2007:

1 ° The electricity sales tariffs applicable in the departmental authority are identical to those applied in mainland France;

2 ° The departmental authority may institute for its own benefit a local tax on electricity, the basis of which is defined in article L. 2333-3 of the general code of local authorities and whose recovery methods are defined in article L. 2333-4 of the same code. The proceeds of this tax, the rate of which may not exceed 12%, is allocated to rural electrification.

Article 77

The first paragraph of I of article 38 of the aforementioned law n ° 2000-108 of February 10, 2000 is supplemented by a sentence worded as follows:

“The request for dispute settlement referred to in this paragraph may not concern an ineligible customer. “

Article 78

The last paragraph of article 39 of the aforementioned law n ° 2000-108 of February 10, 2000 is supplemented by a sentence worded as follows:

“When it is consulted, in application of this paragraph, by the Competition Council on matters practices referred to it in the electricity or gas sector, the Energy Regulatory Commission attaches to its opinion, within the time limit set, all the elements useful for the investigation of the case which are in progress. its possession. “

Article 79

The I of article 38 of the aforementioned law n ° 2000-108 of February 10, 2000 is thus amended:

1 ° At the beginning of the third sentence of the second paragraph, after the words: “Its decision”, are inserted the words: “, Which may be accompanied by periodic penalty payments,”;

2 ° After the third sentence of the second paragraph, a sentence worded as follows is inserted:

“When this is necessary for the settlement of the dispute, the commission may establish, in an objective, transparent, non-discriminatory and proportionate manner, the terms of the access to said networks, works and installations or the conditions of their use. “;

3 ° At the beginning of the last sentence of the second paragraph, the word: “It” is replaced by the words: “Its decision”;

4 ° The last paragraph is supplemented by a sentence worded as follows:

“These measures may include the suspension of practices which undermine the rules governing access to said networks, works and installations or their use. “

Article 80

IV of article 15 of the aforementioned law n ° 2000-108 of 10 February 2000 is supplemented by a paragraph worded as follows:

“The Energy Regulatory Commission approves the methods for calculating the differences and financial compensation mentioned in previous paragraph. “

Article 81

I. – Article 15 of the aforementioned law n ° 2000-108 of 10 February 2000 is supplemented by a V and a VI worded as follows:

“V. – Each electricity producer connected to the public transport or distribution networks and each electricity consumer, for the sites for which he has exercised the rights granted in III of article 22, is responsible for the differences between the injections and withdrawals of electricity to which he proceeds. It can either define the terms according to which these differences are charged to it financially by contract with the operator of the public transmission network, or appoint a balance responsible party to take charge of them.

“When the magnitude of the deviations supported by a balance responsible party compromises the safety of the network, the public transmission network operator can give him formal notice to reduce these deviations within eight days. This formal notice gives the network operator the right to access information concerning the supply and supply of the constituents of the balance responsible party and the contracts binding them with the latter.

“At the end of the period mentioned above and in the event of termination by the operator of the public transmission network of the contract binding him to the balance responsible, the operator of the public transmission network takes charge directly, for a period which cannot exceed five days, the balance of the perimeter of the faulty balance responsible party and the supply of emergency electricity to the latter’s customers. To this end, it may call on the suppliers of the faulty balance responsible party, on the adjustment mechanism provided for in II or on any supply offer made to it. The operator of the public transmission network invoices directly to the customers of the person responsible for faulty balance which are connected to the public transmission network the costs attributable to them and to the operators of the public distribution networks the costs attributable to the customers of the faulty balance responsible party connected to these networks. The operators of the public distribution networks pass these costs on to the customers concerned. These transactions are tracked in a specific account.

“The specifications of the distribution concessions and the service regulations of the state-owned companies are brought into conformity with the provisions of this V.

” VI. – At the end of the period mentioned in the penultimate paragraph of V, a consumer mandating a faulty balance manager benefits for the sites concerned, unless he or she requests otherwise and, at most, until term of the contract which bound this consumer to the faulty balance responsible for a supply of last resort.

“The supplier of last resort assures the supply of electricity and the liability for deviations. A call for tenders, the terms of which are set by the Minister in charge of energy, makes it possible to appoint him and determines the price of the last resort supply. Representatives of the distribution organizing authorities are involved in the procedure for implementing this call for tenders. “

II. – The last seven paragraphs of III of article 2 of the same law are replaced by three paragraphs worded as follows:

“2 ° The supply of emergency electricity to eligible customers connected to the public networks under the conditions provided for in V of the article 15;

“3 ° The supply of last resort electricity to eligible final consumers under the conditions provided for in VI of the same article.

“Electricité de France as well as, within the framework of their legal purpose and in their exclusive service area, the non-nationalized distributors mentioned in article 23 of the law n ° 46-628 of April 8, 1946 on the nationalization of the electricity and gas are the organizations in charge of the mission mentioned in 1 ° of this III, which they accomplish in accordance with the provisions of the concession specifications or the service regulations of the state control authorities mentioned in article L. 2224-31 of the general code of local authorities. “

III. – Article 4 of the same law is thus amended:

1 ° In the first paragraph of I, the words: “, at the rates for the assistance mentioned in 2 ° of III of article 2 of this law” are deleted;

2 ° The last paragraph of II is deleted.

Article 82

Article 46-4 of the aforementioned law n ° 2000-108 of 10 February 2000 is thus amended:

1 ° In the first sentence of the first paragraph, the words: “and the tariffs for the use of public distribution networks” are deleted;

2 ° It is supplemented by a paragraph worded as follows:

“Until the expiry date of the period mentioned above, the tariffs for the use of public electricity distribution networks, as well as the corresponding portion of these tariffs. in the sales tariffs to non-eligible customers in Mayotte are equal to the costs of using the public electricity distribution networks actually borne by Electricité de Mayotte. “

Article 83

Article 49 of Law No. 2000-108 of February 10, 2000, cited above is worded as follows:

“Art. 49. – When an eligible customer exercises, for a given site as mentioned in article 22, the rights granted to III of this same article, his contracts in progress at the regulated tariff concerning the supply of electricity from this site are automatically terminated. This termination cannot give rise to the payment of any compensation whatsoever.

“However, when this termination occurs within one year after a modification, made on the initiative of the customer, of the powers subscribed to in the contract, Electricité de France or the non-nationalized distributor concerned is entitled to compensation corresponding to the amount fixed premiums due for the electricity actually consumed.

“When a customer who has already exercised his eligibility rights changes supplier again, he alone is liable for the costs generated by this change, in particular to the operator of the network to which he is connected. “

Article 84

The last sentence of article 3 of ordinance n ° 2002-1451 of 12 December 2002 relating to the modernization and development of the public electricity service in Mayotte is deleted.

Article 85

The aforementioned law n ° 2003-8 of 3 January 2003 is thus amended:

1 ° After article 16, an article 16-1 is inserted as follows:

“Art. 16-1. – Natural gas suppliers communicate to the natural gas transmission network operator that they are using their six-month delivery forecasts in order to enable it to meet the public service obligations provided for in Article 16 and, in particular, to verify that the dimensioning of the network allows the supply of customers during peak periods. “;

2 ° In the first paragraph of II of article 31, after the reference: “16,”, is inserted the reference: “16-1,”.

Article 86

At the end of the last sentence of the first paragraph of I of article 8 of the aforementioned law n ° 2003-8 of January 3, 2003, the words: “, under conditions defined by decree of the Council of State” are deleted. .

Article 87

The first paragraph of I of article 18 of the aforementioned law n ° 2003-8 of 3 January 2003 is supplemented by a sentence worded as follows:

“This plan presents, subject to secrets protected by law, the foreseeable development in the over the next ten years of the contribution of long-term contracts to supplying the French market. “

Article 88

After article 22 of the aforementioned law n ° 2003-8 of January 3, 2003, an article 22-1 is inserted as follows:

“Art. 22-1. – Distributors of natural gas or any other combustible gas using public distribution networks and natural gas carriers inform the municipalities on whose territory the networks they operate or, where applicable, their public cooperation establishments are located. intermunicipal association or mixed unions, when the competence relating to the public distribution of gas has been transferred to them, and the administrative authority of the State territorially competent in matters of regulation and police of gas, the route and the physical characteristics of the infrastructures that they exploit. They keep the maps of these networks up to date.

Article 89

I. – After article 25 of the aforementioned law n ° 2003-8 of January 3, 2003, an article 25-1 is inserted as follows:

“Art. 25-1. – Municipalities or their public cooperation establishments which do not have a public natural gas distribution network or whose service works are not in progress may grant public gas distribution to any company approved for this purpose. by the Minister in charge of energy. These municipalities and these establishments can create an agency approved by the Minister in charge of energy, have recourse to an existing establishment of this type or participate in an existing semi-public company.

“The approval applies to companies wishing to distribute natural gas or any other combustible gas through a public distribution network. This approval is issued according to the technical, economic and financial capacities of the company. The conditions and procedures for issuing, maintaining, withdrawing and publicizing the approval are specified by decree of the Council of State. “

II. – Article 50 of Law No. 98-546 of July 2, 1998 relating to various economic and financial provisions is repealed.

Article 90

The Minister in charge of energy sets the conditions under which any natural or legal person who produces, transports, distributes, imports, stores, exports or supplies energy sends him the data relating to his activity which are necessary:

– to l application of this law;

– the compilation of statistics for the purpose of developing energy policy;

– information to specialized organizations, within the framework of France’s international commitments.

The agents responsible for collecting and using this data are bound by professional secrecy.

The information is collected without prejudice to the provisions of article 6 of law n ° 78-753 of July 17, 1978 on various measures to improve relations between the administration and the public and various administrative, social and tax.

Article 91

The II and III of article 26 of the aforementioned law n ° 2003-8 of January 3, 2003 are replaced by an II, a III and an IV as follows:

“II. – Any connection of a gas consumer in a municipality connected to the natural gas network is carried out as a priority on the public distribution network, unless the size of the volume of consumption envisaged does not allow connection to this network. In this case, the connection of the consumer may, subject to the agreement of the operator of the distribution network, be carried out on the transmission network, under the conditions provided for in the sixth paragraph of I of Article 6. charges annexed to the concession agreements or the service regulations of the gas authorities specify the conditions of connection to the networks.

“III. – The operator of the public gas distribution network may request a contribution from the applicant for a connection. The conditions and methods for calculating dividends are set in a transparent and non-discriminatory manner. They are approved by the Minister in charge of energy after consulting the Energy Regulatory Commission and consulting the national organizations representing the authorities organizing public gas distribution.

“The operators of the distribution networks are required to publish their conditions and their connection tariffs.

“IV. – A decree in Council of State fixes the modalities of application of II and III of this article. “

Article 92

The penalties provided for in Articles 322-1 and 322-2 of the Criminal Code are liable to deliberately undermine the proper functioning of natural gas distribution or transport structures and installations, underground gas storage installations, gas storage installations. liquefied natural gas or to works and installations for the distribution or transport of liquid and liquefied hydrocarbons or chemicals.

Article 93

The Minister in charge of energy may prohibit the operation or require the replacement or withdrawal of networks or elements of gas transmission or distribution networks that do not present sufficient guarantees in terms of safety for people and property in normal conditions of operation or use.

In the event of non-compliance with these measures, the provisions provided for in article 23 and in II of article 31 of the aforementioned law n ° 2003-8 of January 3, 2003 are applicable.

Article 94

Article 2 of Law No. 92-1443 of December 31, 1992 reforming the petroleum regime is supplemented by a paragraph worded as follows:

“Obligations are imposed on domestic fuel oil distributors to ensure continuity of supply to customers who perform missions of general interest. A decree in Council of State specifies these obligations. “

Article 95

I. – The professional establishment called the “French Petroleum Institute”, created in application of Title III of the act known as “Law No. 43-612 of November 17, 1943” on the management of professional interests, is transformed into an establishment national public of an industrial and commercial nature called “French Petroleum Institute”. This public institution may also use the name “IFP”.

II. – The object of the French Petroleum Institute is, in the field of hydrocarbons, their derivatives and their substitutes, including the use of these products:

– the direct or indirect carrying out of studies and research in scientific and technical fields and the valorisation in all forms of their results;

– the training of people capable of participating in the development of knowledge, its dissemination and its application;

– information for administrations, industry, technicians and researchers on scientific knowledge and industrial techniques.

In order to enhance the results of its activities, it may take holdings in industrial or commercial companies. These shareholdings may be held by one or more legal entities existing or created for this purpose.

III. – The French Petroleum Institute and its subsidiaries are not subject to the provisions of Law No. 83-675 of July 26, 1983 relating to the democratization of the public sector. The board of directors of the French Petroleum Institute comprises, in proportions set by the decree mentioned in VII, representatives of the State, personalities chosen because of their skills in the field of activity of the institute. and staff representatives.

IV. – For the financing of its missions, the French Petroleum Institute may in particular receive public or private subsidies, sums received for services and services rendered, donations and bequests, financial products or other ancillary products.

V. – The French Petroleum Institute ensures its management and presents its accounts according to the rules in use in commercial companies. He has the power to enter into and enter into arbitration agreements.

VI. – This transformation into a public establishment does not entail the creation of a new legal person or the cessation of activity. The property, rights, obligations, contracts and authorizations of any kind of the professional establishment are transferred to the public establishment. This transformation does not entail any questioning of these rights, obligations, contracts and authorizations and has no impact on the contracts concluded with third parties by the French Petroleum Institute and the companies linked to it within the meaning of Articles L 233-1 to L. 233-4 of the Commercial Code. The operations resulting from this transformation do not give rise to the collection of duties, taxes or charges of any kind.

VII. – A decree in the Council of State sets the conditions for

VIII. – The transformation of the professional establishment into a public establishment is carried out on the date of publication of the decree into the Council of State mentioned in VII which must take place no later than July 1, 2006.

Article 96

Annex II of Law No. 83-675 of July 26, 1983 relating to the democratization of the public sector is completed by a paragraph worded as follows:

“Potash mines in Alsace”.

Article 97

Pending the appointment of all the members of the Higher Energy Council, the provisions of the first paragraph of article 45 of the aforementioned law n ° 46-628 of April 8, 1946 in its drafting prior to the this law remain in force. The Higher Council for Electricity and Gas, in its composition prior to the entry into force of this law, may also be consulted on the decrees and orders mentioned in articles 14 and 15 of this law as well as on the Council of State decree mentioned in the last paragraph of article 45 of the aforementioned law n ° 46-628 of April 8, 1946.

Article 98

The labor code is thus amended:

1 ° In the first paragraph of article L. 611-4, the words: “public works,” are deleted;

2 ° After article L. 611-4, an article L. 611-4-1 is inserted as follows:

“Art. L. 611-4-1. – In the establishments and structures listed below, located under the control of the Minister in charge of energy, taking into account specific technical constraints, the responsibilities of labor inspectors are exercised by engineers or technicians, specifically designated for this purpose by the regional directors of industry, research and the environment among the agents placed under their authority:

“- nuclear power plants;

“- hydroelectric facilities granted, including dams and associated service cable cars;

“- electricity transmission works.

“These powers are exercised under the authority of the Minister in charge of labor. “

Article 99

The aforementioned law n ° 2000-108 of February 10, 2000 is thus modified:

1 ° After the first paragraph of article 33, a paragraph is inserted as follows:

“For the accomplishment of the missions entrusted to him, the minister in charge of energy may collect the necessary information from the persons mentioned in the first sentence of the first paragraph. “;

2 ° In the last paragraph of article 41, the words: “provided for in article” are replaced by the words: “or information provided for in articles 6, 33 and”.

Article 100

I. – After the first paragraph of I of article 16 of law n ° 2004-803 of August 9, 2004 relating to the public service of electricity and gas and to electricity and gas companies, a paragraph is inserted as follows: drafted:

“In addition to the benefits mentioned in the previous paragraph, the fund is authorized to provide additional benefits to basic social security benefits, benefits established by the national statute for personnel of the electricity and gas industries and services established by agreements of The company concluded before January 1, 2005. This management is organized by means of agreements signed between the fund and the legal entities which delegate the management of these services to it. The fund is also responsible for managing additional mechanisms of intraprofessional solidarity between all or some of the employers falling under the national statute for personnel in the electricity and gas industries. The methods of application of this paragraph are specified by decree of the Council of State. “

II. – Article 46 of the aforementioned law n ° 2000-108 of February 10, 2000 is repealed and, in article 27 of the same law, the reference: “, 46” is deleted.

Article 101

In the last sentence of the second paragraph of I of article 16 of the aforementioned law n ° 2004-803 of 9 August 2004, the words: “of article L. 231-6” are replaced by the words: “of Articles L. 231-6 and L. 231-6-1 ”.

Article 102

I. – The V of article 18 of the aforementioned law n ° 2004-803 of 9 August 2004 is thus amended:

1 ° In the second paragraph, the rates: “10% and 20%” are replaced by the rates: ” 5% and 15% ”, and the rates:“ 20% and 35% ”are replaced by the rates:“ 15% and 30% ”;

2 ° In the last paragraph, the rates: “15% and 25%” are replaced by the rates: “10% and 20%”.

II. – As of January 1, 2005, the rate of the tariff contribution on the electricity transmission service, instituted by article 18 of the aforementioned law n ° 2004-803 of August 9, 2004, is set at 6.5% . As from the publication of this law, this rate is modified under the conditions provided for by the first paragraph of V of article 18 of the aforementioned law n ° 2004-803 of August 9, 2004.

The National Fund for Electricity and Gas Industries and the manager of the public transport network carry out the adjustments made necessary by setting this rate.

Article 103

The penultimate paragraph of article 30 of the aforementioned law n ° 2000-108 of February 10, 2000 reads as follows:

“The commission proposes to the minister in charge of energy and to the minister in charge of finance, during the preparation of the finance bill, the necessary credits, in addition to the resources mentioned in the previous paragraph, for the accomplishment of its missions. These credits are entered in the general state budget. The provisions of the law of August 10, 1922 relating to the organization of the control of expenditure incurred are not applicable to their management. The chairman of the commission is the authorizing officer of revenue and expenditure. The commission is subject to the control of the Court of Auditors. “

Article 104

The first sentence of the first paragraph of article 39 of the aforementioned law n ° 2000-108 of February 10, 2000 is supplemented by the words: “, in particular when he considers that these practices are prohibited by articles L. 420-1 and L. 420-2 of the Commercial Code ”.

Article 105

In the last paragraph of article 50 of the aforementioned law n ° 2004-803 of August 9, 2004, the date: “January 1, 2005” is replaced by the date: “February 1, 2005”.

Article 106

A report on the resources devoted to energy policy is attached to the budget bill for the year.

In particular, this report takes stock of actions to control energy demand, measures to promote renewable energies and changes in the environmental impact of energy consumption, and in particular changes emissions of gases contributing to the greenhouse effect.

Article 107

Article 1-4 of the code of the public fluvial domain and inland navigation is supplemented by a paragraph worded as follows:

“Notwithstanding any contrary provisions, the State remains competent to instruct and issue the authorizations of water intakes, practiced on the public river domain, electricity production facilities not covered by the law of October 16, 1919 relating to the use of hydraulic energy. “

Article 108

III of article 81 of the amending finance law for 2001 (n ° 2001-1276 of 28 December 2001) is supplemented by a paragraph worded as follows:

“These provisions are not applicable to the transfer of ownership of the property of the concessions of gas transport located on the territory of the former coal mine concessions.

“In this case, the assets belonging to the State are transferred to a new operator at the price determined by the Minister of Economy, Finance and Industry after having been, if necessary, downgraded. “

Article 109

Under the conditions provided for in article 38 of the Constitution, the Government is authorized to proceed by ordinance to the creation of the legislative part of the energy code and the mining code.

These codes bring together and organize the legislative provisions relating, respectively, to the energy sector and to mines.

The codified provisions are those in force on the date of publication of the ordinance, subject only to the modifications which would be made necessary to ensure compliance with the hierarchy of standards and the drafting consistency of the texts thus collected and to harmonize the state. law.

These ordinances are taken within thirty-six months of the publication of this law.

A ratification bill is tabled in Parliament within three months of the publication of each ordinance.

Article 110

The provisions of Articles 34 to 37, 40 to 48, 54 to 62, 66, 67, 72, 74, 76 to 79, 82 to 84, 99, 103, 104 are applicable to Mayotte.

ANNEX
ENERGY POLICY ORIENTATIONS
I. – Taking into account the role of local

authorities and the European dimension

A. – The role of local authorities

and their groupings

In terms of the quality of public service, the competent communities, licensing authorities for the distribution of electricity, gas and heat, work with operators to improve distribution networks and can impose energy saving actions. to electricity, gas and heat contractors and to concessionaires when they make it possible to avoid network extensions or reinforcements.

In terms of promoting the control of energy demand, in addition to actions aimed at reducing the energy consumption of their services, the competent authorities define town planning policies aimed at, through town planning documents or local taxation , a relatively dense establishment of housing and activities close to public transport and to avoid uncontrolled urban sprawl. Being also responsible for the organization of transport, they integrate in their travel policy, in particular in urban travel plans, the need to reduce energy consumption linked to transport. Finally, they develop, directly or with environmental agencies, and in particular in partnership with the Agence de l ‘

In terms of promoting renewable energies, local authorities can encourage the use of these production sources, in particular through town planning measures, and by developing, in partnership with ADEME, specific incentive policies, as well as participating in planning of the installation of wind turbines.

Finally, in terms of solidarity between individual energy consumers, the competent communities, acting within the framework of their social assistance policy, help their citizens in difficulty to pay their bills, whatever the origin of the energy. used, in particular through the housing solidarity funds.

B. – The European dimension

France aims to share the principles of its energy policy with the other Member States of the European Union so that Community legislation enables it to carry out its own policy and guarantees a high level of security for interconnected networks. In addition, to the extent that the constitution of an integrated European energy market should ultimately limit intra-community price differences, France favors better coordination of the energy policies of the various Member States of the European Union in order to to promote economic competitiveness.

Thus, every two years, France draws up energy proposals for the European Union aimed in particular at promoting the concept of public service, the importance of controlling energy demand and diversifying the market. energy basket and the need for nuclear energy to reduce greenhouse gas emissions.

II. – Adaptation of the energy demand control policy to the specificities of each sector

A. – The first sector concerned is that of housing and premises for professional use.

For new buildings, the State regularly lowers the minimum thresholds for overall energy performance, with a target of 40% improvement by 2020. In addition, it favors the construction of a significant portion of housing in which it more energy is produced than it is consumed.

Given a building renewal rate of 1% per year, the priority is to improve the energy efficiency of old buildings in order to reduce carbon dioxide emissions by four before 2050. For these buildings, the level of requirement evolves in conjunction with thermal regulations for new buildings. Initially, in terms of overall requirement, it is as close as possible to the regulations applicable to new vehicles in 2005.

In addition, the State is stepping up actions to renovate the subsidized rental stock, which reduces the energy bills of low-income households. Landlords are encouraged to undertake energy saving work through an equitable sharing of the savings generated with tenants.

Finally, with regard to the public park, partnerships between the public sector and the private sector are used to promote energy saving actions and the development of renewable energies by the State and local authorities.

B. – The second sector concerned is that of transport.

Since the transport sector is the main source of air pollution and greenhouse gas emissions, the State ensures to reduce, as much as possible, all polluting emissions from vehicles and to ensure the prevalence of a limiting urban organization. travel. To this end, it promotes:

– within a European framework, and on the basis of agreements with the manufacturers concerned, a reduction in the average individual carbon dioxide emissions of new automobiles to 120 grams of carbon dioxide emitted per kilometer traveled at the 2012 horizon as well as the definition of an emission reduction target for light commercial vehicles, heavy goods vehicles and two-wheeled vehicles;

– adoption of a community regulation making it possible to minimize consumption linked to the use of air conditioning and other auxiliary equipment in vehicles;

– the marketing of vehicles that consume less energy and pollute the least, in particular through better information for consumers and the maintenance of tax credits for the purchase of electric vehicles or vehicles running on liquefied petroleum gas or natural gas for vehicles;

– the development of voluntary speed limiters on new automobiles and light commercial vehicles while aiming, for its own fleet, to acquire vehicles fitted with this device as systematically as possible;

– the

– the definition, by the competent local authorities, of town planning policies to prevent uncontrolled urban sprawl and to facilitate the use of public transport;

– improving the energy efficiency of the logistics chain of companies, particularly in terms of freight transport, and optimizing employee travel between their homes and their places of work;

– within an international framework, the reduction of greenhouse gas emissions from aircraft.

C. – The third sector concerned is that of industry.

In this sector, the State supports the efforts already undertaken to improve the energy efficiency of production processes but also to promote the dissemination of processes that do not emit greenhouse gases, in particular with the development of an exchange system. emission allowances within the European Union.

In addition, France is proposing the establishment, within the community framework, of maximum consumption thresholds for electrical devices on standby, tending towards a power demand of less than 1 watt per device in the general case of mass-market electrical equipment. The State also ensures that the consumption of devices on standby is taken into account for the display of their energy performance.

III. – The implementation of the policy of diversification

of energy supply sources
A. – This diversification concerns, first of all, electricity, for which the State has set itself three priorities.
1. Keeping the nuclear option

open by 2020
If, for current nuclear power plants, a lifespan of forty years seems plausible, this lifespan is not guaranteed and its possible extension is even less so. The first permanent shutdowns of current nuclear power plants could therefore occur around 2020. The lifespan of each plant will in fact be assessed on a case-by-case basis and, when the time comes, taking into account its specific design features, construction and operation. This lifespan will therefore depend on the ability of the power plants to meet the safety requirements determined, independently of the producers, by the Directorate-General for Nuclear Safety and Radiation Protection.

Given the timeframe for the construction of a new nuclear power plant, France will have to be in a position, around 2015, to decide whether to launch a new generation of nuclear power plants to replace the current one.

To this end, the necessary technologies must be available at the time of renewal of the fleet. Indeed, disruptive technologies, those of fourth generation reactors, will at best be available for industrial deployment only by 2045, which is too late for the replacement of the current nuclear fleet. The very imminent construction of a third-generation EPR reactor is therefore essential in order to technically and financially optimize the subsequent deployment of the new plants and in view of the significant technological progress of this reactor model in terms of safety. In addition, by the time it is commissioned, its production will be necessary to balance the French electricity network.

In addition, the sustainability and development of the nuclear industry presupposes, on the one hand, that public control of this industry be preserved and, on the other hand, that transparency and public information be increased. Likewise, it will be necessary to examine in 2006, in accordance with article L. 542-3 of the environmental code resulting from law n ° 91-1381 of December 30, 1991 relating to research on the management of radioactive waste, the technological sector (s) likely to provide a sustainable solution to the treatment of high-level, long-lived radioactive waste and to pursue research efforts on these subjects.

2. The development of renewable energies

The State primarily supports the development of mature French industrial sectors causing the least environmental pollution and encourages the pursuit of the technological development of other sectors. It endeavors in particular:

– to optimize the use of hydraulic potential by encouraging the turbining of the minimum flows left downstream of the dams, by improving the productivity of current structures and by promoting the creation of new installations;

– to favor the realization of the most profitable projects by the recourse to the calls for tenders instituted by article 8 of the aforementioned law n ° 2000-108 of February 10, 2000. Three years after the promulgation of this law, an assessment of national and foreign experiences will be drawn up. This assessment will be used to optimize the French support system for these energies by modifying, if necessary, the existing tools (purchase obligations and calls for tenders) and by considering the creation of a market for green certificates;

– to develop high-energy geothermal energy overseas and to support the geothermal experiment in hot fractured rock at great depth;

– to capitalize on the experience acquired with the Themis solar power plant and the Odeillo solar furnace, by participating in international scientific and technological cooperation bodies on thermodynamic solar energy;

– to support the sector of electricity production from biomass and, in particular, the biodegradable fraction of industrial and household waste.

3. Guarantee of security of electricity supply from oil, natural gas and coal

France should ensure that there is sufficient development of the means of thermal production using fuel oil, coal or gas in order to guarantee its security of electricity supply. The next multi-year investment program will therefore have to reaffirm the role of the thermal power plant fleet and specify its composition.

In the event of a simultaneous seasonal need for electricity and heat (or cold), cogeneration is a technique to be encouraged when it has better overall efficiency.

Taking into account the emissions from these production sectors, the State favors the development of carbon dioxide sequestration technologies through an appropriate support policy, in particular demonstration and experimentation operations on pilot sites.

B. – The diversification of the energy mix concerns, in the second place, the direct production of heat.

ADEME’s financial aid in the field of the diffusion of renewable energies is directed in priority towards those which produce heat. In addition, the State supports the development of a French industrial sector in the field of renewable heat production, in particular through appropriate taxation. It also encourages the substitution of fossil energy, distributed by a heating network, by renewable thermal energy, as well as the development of heating networks, tools for valuing and distributing local energy resources.

The State takes care to establish the conditions of fair competition between the different energies used to produce heat, taking into account the environmental impacts of the different energy sources.

Finally, an ambitious policy is being conducted in the field of low-energy geothermal techniques, which make it possible to exploit the heat of aquifers and the thermal inertia of the nearby subsoil in order to produce heat or cold. To this end, studies relating to the subsoil are resumed and the development of geothermal heat pumps is encouraged.

C. – The diversification of the energy mix concerns, in the third place, the transport sector in accordance with the orientations defined in article 3-1 of the law n ° 82-1153 of December 30, 1982 of orientation of the internal transport.

D. – Finally, energy diversification must take into account the specific situation of non-interconnected areas.

The non-interconnected areas of our territory, mainly Corsica, the four overseas departments, the departmental authority of Mayotte and the local authority of Saint-Pierre-et-Miquelon, are characterized by their fragility and their high energy dependence, higher electricity production costs than in the continental metropolitan area and a demand for electricity which is increasing much more quickly due to sustained economic growth and a gradual closing of the gap in household equipment and in terms of ‘infrastructure.

The State therefore ensures, in consultation with the communities concerned, to implement an energy policy based on appropriate regulation making it possible to control production costs, guarantee the diversity of their energy mix and their security of supply and control the corresponding economic costs. In addition, it encourages, with the reinforcement of aid in these areas, actions to control energy and develop renewable energies, in particular solar energy.

This law will be executed as state law.
Done in Paris, July 13, 2005.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Dominique de Villepin

The Minister of State,

Minister of the Interior

and Regional Planning,

Nicolas Sarkozy

The Minister of Foreign Affairs,

Philippe Douste-Blazy

The Minister of Employment, Social Cohesion

and Housing,

Jean-Louis Borloo

The Minister of the Economy,

Finance and Industry,

Thierry Breton

The Keeper of the Seals, Minister of Justice,

Pascal Clément

The Minister of Transport, Equipment,

Tourism and the sea,

Dominique Perben

The Minister of Health and Solidarity,

Xavier Bertrand

The Minister of Agriculture and Fisheries,

Dominique Bussereau

The Minister of Ecology

and Sustainable Development,

Nelly Olin

The Minister of Overseas Territories,

François Baroin

The Minister for Budget

and State Reform ,

Government spokesperson,

Jean-François Copé

The Minister for Employment, Work

and Professional Integration of Young People,

Gérard Larcher

The Minister for Cooperation,

Development and Francophonie,

Brigitte Girardin

The Minister Delegate

for European Affairs,

Catherine Colonna

The Minister for Higher Education

and Research,

François Goulard

The Minister for Industry,

François Loos

(1) Law n ° 2005-781.

– Preparatory work:

National Assembly:

Bill n ° 1586;

Report by Mr Serge Poignant, on behalf of the Committee on Economic Affairs, n ° 1597;

Discussion on May 18, 19, 24 and 27, 2004 and adoption, after declaration of emergency, on June 1, 2004.

Senate:

Bill, adopted by the National Assembly, n ° 328 (2003-2004);

Report by Mr. Henri Revol, on behalf of the Committee on Economic Affairs, n ° 330 (2003-2004);

Discussion on June 9 and 10, 2004 and adoption on June 10, 2004.

National Assembly:

Bill, modified by the Senate, n ° 1669;

Report by Mr Serge Poignant, on behalf of the Committee on Economic Affairs, n ° 2160;

Discussion on March 24 and 29, 2005 and adoption on March 29, 2005.

Senate:

Bill, adopted by the National Assembly at second reading, n ° 275 (2004-2005);

Report by Mr. Henri Revol, on behalf of the Committee on Economic Affairs, n ° 294 (2004-2005);

Discussion on May 2 to 4, 2005 and adoption on May 4, 2005.

National Assembly:

Bill, modified by the Senate at second reading, n ° 2294;

Report by Mr. Serge Poignant, on behalf of the joint committee, n ° 2384;

Discussion and adoption on June 23, 2005.

Senate:

Report by Mr. Henri Revol, on behalf of the joint committee, n ° 410 (2004-2005);

Discussion and adoption on June 23, 2005.