A new framework defined by the "APER" law

The APER (Acceleration of Renewable Energy Production) law of March 10, 2023 introduced two distinct notions:

• agrivoltaic installations (not concerned by the framework document);
• photovoltaic installations compatible with agricultural activity.

A photovoltaic installation is considered compatible with the exercise of an agricultural, pastoral or forestry activity. Compatibility is assessed "on the scale of all the land in a single holding, forming part of the same agricultural, pastoral or forestry operation, with regard to the agricultural, pastoral or forestry activities actually carried out there or, in the absence of actual activity, which would be destined to develop there."

No photovoltaic installation may be set up outside areas identified in a framework document, which defines the agricultural and forestry areas open to an installation project.

Only soils deemed uncultivated or not farmed since March 11, 2013 (10 years before the enactment of the APER law)may be identified within these areas.

Expose the challenges of protecting production areas before drawing up framework documents

From April 8, 2024, the date of publication of the implementing decree on agrivoltaics and ground-mounted photovoltaics, the departmental chambers of agriculture have an indicative period of nine months to forward their framework document proposal to the prefect.

The framework document will be ratified by prefectoral decree after consultation with the CDPENAF.

Although Chambre d'agriculture France has identified PDO and PGI areas as data to be taken into account in the methodology for drawing up the framework document, ODGs are invited to approach, if they have not already done so, the departmental chambers of agriculture in the phase of drawing up these documents to make them aware of the issues involved in production under SIQO.