In France, the Grenelle II law of July 12, 2010, committing to the environment, has subjected wind farms to the regime of classified installations for environmental protection (ICPE).
At the same time, this law has subordinated the commissioning of wind turbines subject to authorization to the demonstration, by the operator, of its technical and financial capacities.
As for financial capacities, it is notably about the operator constituting financial guarantees aimed at ensuring that the cost of dismantling and rehabilitating the site in case of operator default are well assumed by the latter.
The calculation methods, constitution and allocation of financial guarantees have been clarified by the order of August 26, 2011.
What allocation of financial guarantees?
More precisely, the constitution of financial guarantees aims to cover, in case of operator default during the rehabilitation of the site, the operations:
- of dismantling production installations;
- of excavating part of the foundations;
- of rehabilitating the land (unless its owner opposes);
- of valorization or elimination of demolition or dismantling waste in duly authorized sectors.
What amount to constitute in financial guarantees?
The amount of financial guarantees amounts to 50,000 euros per wind turbine.
In addition, each year, the amount of financial guarantees is updated according to a formula.
Under what form and when to constitute these financial guarantees?
How to constitute the financial guarantees?
The terms of the constitution are defined in the environmental code, which gives the operator the choice between several means, including:
- the written commitment of a credit institution, an insurance company or a mutual guarantee company;
- a consignment with the Caisse des Dépôts et Consignations (CDC).
The guarantees must be constituted:
- For new installations, at the time of industrial commissioning of the park (however, a declaration of intent can be requested by the administration during the application for authorization to operate an ICPE;
- For existing parks, operators must constitute the guarantees before August 25, 2015.
Zelya Energy assists you to:
- determine the amount of financial guarantees to be constituted over the duration of the operation;
- develop the business plan and the financing plan for a wind project;
- write the declaration of intent to constitute financial guarantees;
- write the note demonstrating the technical and financial capacities of the operator.