MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
Gide Loyrette Nouel Walili Building, No. 65 Main Street Finance District, CFC, Hay Hassani 20220 Casablanca Morocco
Tel: +212 5 22 48 90 00 Fax: +212 5 22 48 90 01 Email: morocco@gide.com Web: gide.com/global/afrique/casablanca/
1. Structure and Ownership of the Power Industry 1.1 Law Governing the Structure and Ownership of the Power Industry Overview Morocco’s electricity sector is organised around three core segments – generation, transmission and distri- bution. The state-owned National Office of Electricity and Drinking Water ( Office National de l ’ Électricité et de l ’ Eau Potable , or ONEE) is the central actor across generation and transmission. ONEE was created in 1963 as the National Office of Electricity ( Office National de l ’ Électricité , or ONE) and subsequently merged with the national water utility office under Law No 40-09 (“Law 40-09”) to form the current unified entity in charge of the public service of electricity generation, transmission and distribution throughout the Kingdom of Morocco. The sector does not currently include a distinct “sup- ply” segment separated from distribution. There is also no standalone storage segment, although recent legislation has begun to address energy storage as part of decentralised and renewable energy frame- works.
Main Laws Governing the Sector The ownership and structure of Morocco’s power industry are governed by several pieces of legislation, the most significant of which include the following. • Organic Law No 113-14 relating to municipalities (“Law 113-14”), which vests in municipalities the competence to create and manage the public ser- vice of electricity distribution. • Law 40-09, which establishes ONEE and harmo- nises national strategies in the electricity and water sectors. • Law No 13-09 relating to renewable energies (“Law 13-09”), which opened the generation market to private operators producing electricity from renew- able sources. • Law No 82-21 relating to self-generation (“Law 82-21”), which regulates the self-generation of electricity, allowing private companies to produce electricity for their own consumption and to sell surplus energy through the grid. • Law No 48-15 on the regulation of the electricity sector and the establishment of the ANRE (“Law 48-15”), which creates the National Electricity Regulatory Authority ( Autorité Nationale de Régula- tion de l ’ Électricité , or ANRE) as an independent regulatory body overseeing the electricity sector. • Law No 83-21 relating to the creation of regional multiservice companies (“Law 83-21”), which restructured electricity distribution at regional level through the creation of regional multiservice
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