Paris (AFP)

The electricity sector is framed by several texts which make it possible to punish the authors of savage cuts, such as those observed for a few days, or to mobilize striking workers.

Cuts punished by law

Uncut cuts are prohibited by article R 323-37 of the Energy Code, explains the lawyer Arnaud Gossement, specialist in environmental and energy law.

"The network belongs to communities, which concede its operation in particular to Enedis and it is an article which was taken specially to avoid any malicious manipulation of the network in place of Enedis", underlines the expert. It is "clearly made to prohibit union cuts in particular," he noted.

The article provides for several scenarios: "penetrate by any means whatsoever into the premises of a building or an outbuilding of a public electricity network", there "operate an element or ... operate a device "and again" knowingly launch any object or thing on a work or device "on the network.

Each act can be punished with a fine of 1,500 to 3,000 euros. "Concretely, Enedis can file a complaint before a criminal judge who can sentence any identified person", according to the lawyer.

A supervised right to strike

Since 1989, internal provisions at EDF - the "Benat" and "Daurès" notes (names of the production and distribution directors at the time) - have been established.

Their purpose is to ensure that "the available electricity production can guarantee the balance of the network and (...) the continuity of the electricity supply", we explain at EDF.

These devices have been validated by the State Council. In 2013, the latter recognized "the competence of EDF, as head of a public electricity service, to limit the right to strike in its nuclear power plants".

"As such, staff may be required including among the strikers" to guarantee this continuity of electricity supply, underlines EDF. The electrician speaks of "requisition" (which is a decision of the company) and not of requisition (which is a decision of the prefect).

"When the supply / demand balance is in jeopardy, RTE can ask operators to increase their production", also explains the high-voltage network manager.

Similarly, it is possible to requisition Enedis employees, distribution management, in order to restore the current.

Many precedents

"Wild" clippings have been used since the electrical network existed. In recent history, employees have used it, for example during the great strikes of winter 1986-87 and then 1995.

In 2004, hundreds of voluntary cuts were made in the context of the conflict against the proposed change of status of EDF and GDF.

In 2009, cuts in electricity but also in gas increased on the background of wage demands in the sector. Prime Minister François Fillon then denounced the use of "sabotage".

These actions are always used, sometimes in a very targeted manner. In 2015, a meeting with Prime Minister Manuel Valls was delayed for almost an hour in Audincourt, near Montbéliard, by a power cut claimed by the CGT.

© 2019 AFP