04/01/2023

Emergency measures resulting from the Order of 29 December 2022 amending the CR17 Order.

The adoption of the emergency measures for onshore wind power projects falling under the regime of the tariff Order (arrêté) of 6 May 2017 ("CR17"), finally took place on 29 December 2022 pursuant to an order amending the CR17 Order (JOFR 31 Dec 2022).

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As was adopted for projects under call for tender regimes, these measures are of two different types, and are alternatively as follows:

1. Access to the market for a maximum period of 18 months

Pursuant to Article 6 of the Order (amending Article 9 of the CR17 Order), for projects for which a complete application for a contract for difference (complement de remuneration) was made before 1 July 2022, and for which commissioning (i.e. the first injection to the grid, excluding the test phases - Article 4, paragraph 2 new) takes place between 1 September 2022 and 31 December 2024, the completion date or Date d’Achèvement (i.e. the date of transmission of the certificate of compliance provided for in Article R.314-7 of the Energy Code) is extended up to 18 months after the three-year deadline period provided for the transmission of such certificate.

A new paragraph 5°, added to Article 9 of the CR17 Order, authorizes the producer to sell the electricity on the market during this maximum period of 18 months (thus excluding any support mechanism).

2. Correction of the Support Tariff by a new index K

Pursuant to Article 8 of the Order (amending III of the Annex "Conditions of the Contract for Difference"), for projects for which the complete application for a contract for difference occurs after 1 January 2023, the reference price Te is indexed between the date of the complete application and the date falling at the latest 12 months before the last day of the deadline for providing the compliance certificate to EDF (or on the date on which the contract for difference enters into effect if it occurs before the deadline) by applying a new coefficient "K" correlated to the parameters of evolution of cost of credit, cost of steel as well as inflation in the industries involved in production and transport of wind assets.