MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
determined by the specific contractual provisions of each PPA. Obligation to Fund Decommissioning Law 82-21 does not contain specific provisions on decommissioning. General environmental legislation applies, requiring the operator to restore the site in accordance with applicable environmental require- ments at the end of the project’s life. Under Law 13-09, the decommissioning obligation is conditional: it arises only where the MTEDD expressly requires dismantling and site restoration. Otherwise, the installation is taken over by the State. At the expiry of the operating authorisation (maximum 25 years, renewable once), the installation and site become State property free of all charges. Where required, the operator must carry out dismantling and restoration at its own expense. 4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities The principal laws governing the ownership, construc- tion and operation of transmission lines and associ- ated facilities (including storage) in Morocco are as follows. • ONEE Dahir, which vests in ONEE the responsibility for the public service of electricity transmission. • Decree No 2-73-533 (November 1993), which approves the specifications ( cahier des charges ) applicable to the ONEE’s activities (the “ONEE Specifications”). • Law 48-15, which defines the role of the TSO, mandates accounting separation of ONEE’s trans- mission activities, requires ANRE approval of the multi-year transmission investment programme, and establishes non-discriminatory grid access. • CRENT (approved by ANRE in December 2021, effective from January 2022), which is the principal regulatory code governing planning, connection, access and operation of the transmission network. • Law 40-09, which establishes ONEE and confirms its mission over the transmission grid.
• Law 13-09, which provides for direct transmission lines where national grid capacity is insufficient, under a concession with the TSO. Regarding storage activities, there is no standalone legal regime. Storage is regulated under Laws 13-09 and 82-21, and is progressively being integrated into the CRENT. Large transmission infrastructure projects are subject to environmental impact assessment under general environmental legislation. The CRENT also requires environmental studies for direct transmission lines. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities The construction and operation of transmission lines forming part of the national transmission grid falls within ONEE’s exclusive competence. Under Article 2 of the ONEE Dahir, ONEE is empowered, follow- ing approval of its programmes, to carry out works relating to electricity transmission and to operate the corresponding transmission infrastructure. ONEE has the authority to permit third-party operators to construct a segment of the electricity transmission grid. This arrangement applies where the grid con- nection is carried out by the private partner, at its own expense and risk, under the oversight of the ONEE. For this specific type of project, the ONEE enters into a dedicated agreement that sets forth the terms under which the investor will develop a portion of the trans- mission infrastructure in compliance with the ONEE’s technical specifications and standards, and stipulates that the completed works must be accepted by the ONEE prior to any connection to the transmission network. The ONEE Specifications ( Cahier des Charges ) require ONEE to submit its projects for approval to the MTEDD and to request authorisation to energise installations upon completion of works. Under Law 13-09, independent producers are also entitled to construct a dedicated line for the purpose of exporting electricity. This possibility is subject to obtaining specific authorisation from the ONEE and to
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