Regulatory framework
The regulatory framework applying to your project
To inject biomethane into the gas network, your project is subject to French and European legislation for access to gas infrastructures. The gas must comply with the technical requirements defined by transmission and distribution operators. The project will have access to various economic mechanisms supporting biomethane injection.
- Article 19 of the Grenelle 1 Law:
>> Legifrance.gouv: loi no. 2009-967 of August 3, 2009 - Article L446 of the Energy Code and its relevant implementing decrees and orders specify the injection conditions.
Network access is provided in a way that is both non-discriminatory and as efficient as possible. This is achieved by implementing rules in application of France’s Right to Injection:
- As defined by decree 2019-665: Deliberation No. 2019-242 by the French Energy Regulatory Commission (CRE) of 14 November 2019 regarding the mechanisms for inserting biomethane into the gas networks.
- These rules likewise provide the financing procedures for investment programmes to adapt the network infrastructure for the insertion of biomethane into the natural gas network via the involvement of third parties: CRE deliberation No. 2022-109 of 14 April 2022 on the procedures for third-party involvement in the financing of investment programmes to adapt the network infrastructure for the insertion of biomethane into the natural gas networks.
All new biomethane projects benefit from financial support mechanisms to assist with developing new injection projects:
- Reduced connection costs: Order of 2 March 2022 on the assumption of costs for connecting biogas production facilities to the natural gas transmission network and to certain public national gas distribution networks
- Support mechanisms for sites via:
- An “open window” (guichet ouvert) feed-in tariff for facilities under 25 GWh/year: Order of 13 December 2021 setting the purchase conditions for biomethane injected into the natural gas networks
- Tenders: Tenders relating to the construction and operation of Facilities for producing biomethane injected into the natural gas network
- Biomethane production certificate: Decree No. 2022-640 of 25 April 2022 regarding the biogas production certificates mechanism
- A way for producers to profit from guarantees of origin linked to their biomethane injection: French Energy Code: Sub-section 1: Definition of guarantee of origin
As part of their purchase obligation agreement (open window feed-in tariff), biomethane producers seeking to sell their injected biogas can approach a natural gas supplier named as a “buyer of last resort”, pursuant to Article D. 466-14 of the French Energy Code, if the request had been refused by the contacted gas suppliers:
Any new project falls under the regulatory framework for Facilities Classified for the Protection of the Environment (ICPE). These regulatory requirements vary according to the size of the facility and hence the ICPE regime:
- Declaration: Order of 17 June 2021 modifying the Order of 10 November 2009 regarding the general requirements applicable to facilities classified for anaerobic digestion and subject to declaration under section No. 2781-1
- Registration: Order of 17 June 2021 modifying the Order of 12 August 2010 regarding the general requirements applicable to facilities classified for anaerobic digestion arising from the registration system under section No. 2781 for the nomenclature of facilities classified for the protection of the environment
- Authorisation: Order of 14 June 2021 modifying the Order of 10 November 2009 setting the technical rules that anaerobic digestion facilities subject to authorisation must satisfy in application of Title 1 of Book V of the French Environmental Code
Access to the decrees and orders
Deliberation of the Commission de régulation de l’énergie (French Energy Regulatory Commission) no. 2019-242 - 14 November 2019 about mechanism governing the injection of biomethane into gas networks
>> Délibération n°2019-242 - CRE website
Decree no. 2019-665 of 28 June 2019 setting out the reinforcement of the natural gas transport and distribution networks needs to allow the injection of the biogas produced.
>> Legifrance.gouv: Ministerial Order no.2019-665 of June 28,2019
Ministerial Order of June 4, 2012 setting out the list of natural gas suppliers designated as buyers of last-resort of biomethane: NOR : DEVR1225926A
>> Legifrance.gouv: Ministerial Order of June 4, 2012
Ministerial Order of 23 November, 2011 setting out the nature of new entrants into the production of biomethane for injection into natural gas networks: NOR : DEVR1126174A
>> Legifrance.gouv: Ministerial Order of 23 November, 2011
Ministerial Order of 23 November 2011 setting out the conditions of nomination of the biomethane purchaser of last resort: NOR : INDR1126188A
>> Legifrance.gouv: Ministerial Order of 23 November, 2011
Ministerial Order of 23 November, 2011 setting out the purchasing conditions for biomethane injected into natural gas networks: NOR : DEVR1126198A
>> Legifrance.gouv: Ministerial Order of 23 November, 2011
Ministerial Order of 23 November, 2011 setting out the share of the financial valuation amount of the guarantees of origin to be deducted from the costs of public service eligible for compensation relating to the purchase of biomethane to be injected into natural gas networks: NOR : INDR1126193A
>> Legifrance.gouv: Ministerial Order of 23 November 2011
Decree no. 2011-1595 of November 21, 2011 on compensation for public service costs relating to the purchase of biomethane injected into natural gas networks: NOR : DEVR1107324D
>> Legifrance.gouv: decree no. 2011-1595November 21,s 2011
Decree no. 2011-1596 of November 21, 2011 on the sales conditions of biomethane to natural gas suppliers: NOR : DEVR1126146D
>> Legifrance.gouv: decree no. 2011-1596 November 21, 2011
Decree no. 2011-1597 of 21 novembre 2011 on contracting conditions between biomethane producers and natural gas suppliers: NOR : DEVR1126147D
>> Legifrance.gouv: decree no 2011-1597 of November 21, 2011
Decree no. 2011-1594 of November 21, 2011, on the sales conditions of biomethane to natural gas suppliers: NOR : DEVR1107323D
>> Legifrance.gouv: decree no. 2011-1594 of November 21, 2011
Publications
