MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
the distribution network, the opinion of the relevant distribution grid operator must also be obtained. • Renewable energy projects of 2 MW or more, including solar and wind, must be located within development zones designated by the energy administration. • Installations may only be connected within the lim- its of the available grid hosting capacity ( capacité d ’ accueil ), validated and published annually by ANRE. • The construction authorisation lapses if the facility is not completed within five years. • The operating authorisation has a maximum dura- tion of 25 years, renewable once for the same period. • Operators must pay a transmission wheeling fee ( timbre de transport ) and a system services fee ( timbre de services système ). • Any change of control in the shareholding of the authorised entity requires prior administrative approval, failing which the authorisation may be withdrawn. • Operators must apply a national preference princi- ple in their supply, construction and service con- tracts. • The grid operator may curtail ( écrêter ) renewable energy injection beyond a regulatory threshold, with financial compensation triggered only above that threshold. Law 82-21 Projects (Self-Generation) Under Law 82-21, the applicable regime depends on installation capacity and grid connection: • Off-grid installations (any capacity): prior declara- tion to the MTEDD; • Grid-connected installations below a regula- tory threshold: declaration to the distribution grid operator; • Installations above that threshold but below 5 MW (low or medium voltage): connection approval ( agrément de raccordement ) from both the trans - port and distribution grid operators; and • Installations of 5 MW or more (medium, high or very high voltage): formal authorisation from the MTEDD, after the technical opinion of the TSO.
Typical conditions imposed include the following. • Renewable energy self-generation installations are subject to the grid hosting capacity limit ( capacité d ’ accueil ). • Self-generators connected to the grid must pay system service fees, the amount of which will be set by ANRE. • Surplus energy may be sold to the relevant grid operator, capped at 20% of annual production, at a price to be fixed by ANRE. • All grid-connected installations must be equipped with smart meters. • The self-producer must own the installation or have the right to manage it. Amendment or Relaxation of Terms Neither Law 13-09 nor Law 82-21 establishes a spe- cific procedure for requesting an amendment or relax- ation of authorisation terms. However, several mechanisms exist. • The construction authorisation under Law 13-09 could initially be extended by two additional years beyond the original three-year completion dead- line; Law No. 40-19 has since extended the base completion period to five years for hydroelectric installations. • The operating authorisation (25 years) is renewable once for the same duration upon application. • Any modification to the installation’s capacity requires a new authorisation or declaration, as the case may be. • Changes of control in the authorised entity’s share- holding must receive prior administrative approval. In practice, amendments are handled on a case- by-case basis through direct engagement with the MTEDD and, where relevant, with ONEE and ANRE. The MTEDD retains broad administrative discretion, which has been criticised by the Competition Council as potentially discriminatory due to the absence of clear, standardised criteria.
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