GREECE Law and Practice Contributed by: Evangelos (Evans) Courakis, Evangelos Mylonas Tsoumas, Sofia Andreanoudi, Vassiliki Xynou and Ioanna Marouso Argyriou, Koutalidis Law Firm
• GCA between the project developer and the network operator have an indefinite duration, thus there is no need for renewal, except if there are changes in the project that require an amendment of either the GCA or the initial grid connection offer. • The installation licence is essentially replaced by the operation licence, but a modification of the project might require the issuance of a new installation licence. • An operation licence is valid for 20 years and can be renewed for an equal term upon appli- cation at least three months before expiry. However, the Law foresees that such applica- tion for renewal must be accompanied by a valid power purchase agreement (PPA). The terms of the operation licence are more or less standard and remain the same. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities Article 4, paragraph 7 of Law 4951/2022 explic- itly characterises RES projects as beneficial to the public interest and specifically allows for project owners to utilise land expropriation to ensure their operation. This provision aims to simplify expropriation procedures for such pro- jects by satisfying the first two requirements for land expropriation set out in the Greek Consti- tution, namely the definition of such projects as projects of public utility and the need for a spe- cific legislative provision. The expropriation shall take place in accordance with Law 2882/2001 and its costs shall be borne by the project owner. The compensation to be paid to the landowners is determined through a court decision. However, the owners of gen- eration facilities can only pursue expropriation after exhausting all other legal alternatives. In the specific case of photovoltaic stations, expropria-
tion of land is restricted to no more than 2% of the total land plot that may be expropriated. The 2% limitation also applies to forests and forestry lands. 3.5 Decommissioning a Generation Facility Decommissioning a generation facility involves various regulatory and procedural steps gov- erned by national legislation and EU directives. Owners must obtain the necessary decommis- sioning permit from RAWEW and inform the authorities involved in their licensing process as to their decommissioning plans. Additionally, within the framework of environmental licens- ing, operators prepare an environmental impact assessment to ensure that decommissioning activities comply with environmental protec- tion standards and complete restoration. In this context, an ETA or SEC is issued. The aim is to implement measures in accordance with safety standards for the safe dismantling of the facility. 4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities The entity responsible for the operation, main- tenance and development of the Greek Electric- ity Transmission System is IPTO, established in accordance with the Energy Law and in compli- ance with the Electricity Unbundling Directive. Exceptionally, the Non-Interconnected Islands electricity transmission system management falls under the competence of HEDNO and not IPTO. The terms and conditions of IPTO’s operation and the construction of transmission facilities
85
CHAMBERS.COM
Powered by FlippingBook