Structuring to promote: Which Legal Framework for the Economic Development of Marine Energies?

To this day, the development of renewable marine energies does not dispose of a satisfying legal framework. In the territorial sea, the construction and operation of renewable energy projects is subject to a series of permits stemming from different legislation (Occupation of the maritime public domain or the 'Water act Permit'). Because this framework is unable to foster the development of these energy sources, it should be simplified by either abandoning the requirement for a permit under the 'Water act' in favour of an extended licence of occupation granting the public authorities the same guarantees, or by the creation of an ad hoc permit regime to be included in the Energy Code. Also, the reinforcement of power purchase obligation mechanisms of the generated electricity to which these projects are eligible is required. Indeed, beyond the call for tenders and the existing feed-in tariffs, the development of marine renewable energy sources, in particular during the test stage (e.g. pilot offshore farms) has to be accompanied by a tailored tariff system. In the Exclusive Economic Zone, a decree was adopted in July 2013, which seeks to create a special permit granted by the decentralized administrative authority in charge of maritime issues (Prefet maritime). This new legal framework should foster the development of projects in the Zone. Due to the technical challenges, some other evolutions of the known regimes may be required because of the distance of the plants to the shore, for example regarding grid connection or the power purchase obligation regime. (author)