GREECE Law and Practice Contributed by: Evangelos (Evans) Courakis, Evangelos Mylonas Tsoumas, Sofia Andreanoudi, Vassiliki Xynou and Ioanna Marouso Argyriou, Koutalidis Law Firm
3. Generation Facilities 3.1 Constructing and Operating Generation Facilities
key provisions of Law 4685/2020, incorporat- ing Directive (EU) 2023/2413 and introducing fast-track procedures and licensing exemp- tions for certain categories of RES installa- tions, including rooftop PVs under 100 kW, small-scale solar projects under 150 kW, and heat pumps. • Law 5151/2024 further modified key provi- sions of Law 4685/2020, incorporating Direc- tive (EU) 2023/2413 and introducing fast-track procedures and licensing exemptions for cer- tain categories of RES installations, including rooftop PVs under 100 kW, small-scale solar projects under 150 kW, and heat pumps. • Law 4495/2017 (as amended and in force) established a comprehensive framework for the management, regulation and legal valida- tion of construction and buildings. The Law regulates the building permits that generation facilities must obtain in order to proceed with construction works. • Law 4414/2016 introduced a market-based operating aid scheme for RES and high-effi- ciency CHP projects, with a view to progres- sively integrating them into the wholesale electricity market. 3.2 Obtaining Approvals to Construct and Operate Generation Facilities The main steps of the licensing process for gen- eration facilities can be summarised as follows. • First, applicants must obtain a producer’s certificate or special works certificate (depending on the nature of the project) from RAWEW. • Subsequently, the project must acquire an environmental permit. The process for the issuance of such permit is greatly dependent on a project’s environmental classification. In particular, the framework distinguishes between Category A projects (ie, projects with
The principal Greek laws, governing the con- struction and operation of generation facilities, include the following. • Law 4685/2020 (as amended and in force) modernised environmental legislation and streamlined Phase A of RES project licens- ing, by regulating the first licensing step for generation projects, namely the producer’s certificate or the special project’s certificate (depending on the project). Phase A also includes the obtention of an Environmen- tal Permit in accordance with Greek Law 4014/2011, in conjunction with Ministerial Decision 1958/2012 (as amended and in force) on the classification of activities into environmental categories and subcategories. • Law 4951/2022 (as amended and in force), which substantially replaced Law 3468/2006 and was enacted to streamline and acceler- ate the licensing process for RES projects, in accordance with the permitting requirements under Directive (EU) 2018/2001 (RED II), streamlined Phase B of the licensing process, by setting the main rules and procedures for grid connection, the installation licence for project construction purposes and operation licence obtainment. It is important to note that the Law also provides a framework for the prioritisation of projects regarding the evaluation of grid connection applications (supplemented with relevant secondary acts) and the imposition of curtailments by the operators. Said Law also comprises the major regulatory framework for projects exempted from the obligation to receive a producer’s certificate, an installation licence or an opera- tion licence. Law 5151/2024 further modified
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