MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
3.2 Obtaining Approvals to Construct and Operate Generation Facilities Regulatory Process The regulatory process depends on the applica- ble legal regime and the capacity of the installation. Timelines vary significantly depending on project type, voltage level, grid connection requirements, environ- mental approvals and land access. Renewable generation under Law 13-09 • Authorisation regime (≥ 2 MW): The applicant submits a dossier to the MTEDD, which obtains the TSO’s technical opinion (and, for medium-voltage connections, the distribution grid operator’s) within one month. ANRE issues a non-binding opinion. Once construction is complete, the operator has three months to apply for the operating authorisa- tion, issued within two months. For hydropower, the hydraulic basin agency’s opinion is also required and the construction period is five years. • Declaration regime (< 2 MW): A simplified decla- ration with a technical opinion from the distribu- tion grid operator is required to obtain a receipt acknowledging the declaration to the MTEDD. Self-production under Law 82-21 Non-grid-connected installations are subject to a declaration regime with the MTEDD. Grid-connected installations are subject to declaration, a connection agreement or ministerial authorisation depending on capacity, with the 5 MW threshold triggering ministe- rial authorisation. • Conventional generation: For conventional genera- tion facilities (coal, gas, fuel oil), there is no open licensing regime. Projects are developed either by ONEE directly or by private IPPs under long-term PPAs negotiated on a project-by-project basis under Decree-Law No 2-94-503. • Masen projects: Private developers are selected through Masen-organised competitive tenders. Masen manages procurement, co-ordinates approvals and facilitates land access. • Siting and land access:The developer must sepa- rately obtain land access rights, rights of way and urbanistic permits. Law 13-09 provides that public land may be made available for renewable energy projects under conditions set by regulation. For
green hydrogen projects under the Offre Maroc , Masen co-ordinates preliminary land reservation. Environmental Review Renewable energy generation projects subject to the authorisation regime under Law 13-09 require an environmental impact assessment (EIA) in accordance with Law No 12-03 and should therefore also be sub- ject to an environmental acceptability decision. Public Participation There is no general requirement for public hearings under Law 13-09 or Law 82-21. Public participation is integrated into the EIA process through a public inquiry ( enquête publique ) phase during which affect- ed communities may submit observations. Authority to Grant Authorisations The MTEDD has authority to grant construction and operating authorisations for renewable generation facilities. ANRE provides non-binding advisory opin- ions but does not issue permits. For Masen-led pro- jects, Masen manages procurement and the State enters into framework conventions. 3.3 Approvals to Construct and Operate Generation Facilities Law 13-09 Projects (Renewable Energy Open Market) Under Law 13-09, generation facilities of 2 MW or more are subject to a two-stage authorisation regime: a construction authorisation, then an operat- ing authorisation. Facilities below 2 MW are subject to a prior declaration regime. Typical conditions imposed upon authorisation include the following. • The applicant must be a legal entity headquartered in Morocco, in compliance with tax authorities and the National Social Security Fund (CNSS), and not in bankruptcy. • The applicant must demonstrate adequate techni- cal and financial capabilities; the quality of equip- ment, materials and personnel qualifications is assessed. • A technical opinion from ONEE (as grid transport operator) is required; for installations connected to
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