Advance for Biogas in France

- Simplified permit procedures and more transparency under new French environmental legislation


Paris/Freiburg - Decree No 2009-1341 of October 29, 2009 with its newly created category 2781 (Rubrique ICPE) of the French immission law simplifies future permit and authorization procedures for biogas plants. The biogas industry in France hoped for this development because it had been declared publicly several times since the Grenelle Environment Summit had been initiated by President Sarkozy in autumn 2007, that biogas projects would be promoted in the future.

The two statutory regulations of the new decree define which technical directions need to be followed for the construction and operation of biogas plants in future. The decrees were published on November 26, 2009 and have been valid since then.

Both statutory regulations create more transparency. The first is applicable for biogas plants which have to be simply applied for. The latter is relevant for most of the plants which require a permit procedure. Both regulations specify which substrates are allowed to be used in a biogas plant. In addition, they regulate among other aspects the handling of digestates and to what extent these might be used to fertilize the fields. Type and origin of the substrates have to be exactly documented in the future. At the same time, the new regulations call for the information of the public about biogas plants and the training of the maintenance staff.

\"The new category 2781 of the immission law for biogas plants creates more legal security for all of the parties involved and it considerably expedites the authorization and permit procedures. It is such a substantial improvement for the planners and developers of biogas plants in France. It is an encouraging signal for entrepreneurs to invest now in the French market of biogas plants\", says Laurent Brault, Avocat à la Cour at Sterr-Kölln & Partner in Paris.

In France, the tariff decree of July 10, 2006 regulates the feed-in tariff for electricity produced from biogas.

Sterr-Kölln & Partner offers a multidisciplinary consulting service with offices in Freiburg, Berlin and Paris. We have been proficient in the field of renewable energies and energy efficiency for more than 12 years. Our consulting competence is highly appreciated by international banks, investors, project developers and producers.


Paris/Freiburg, December 04, 2009


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