MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
Regulatory Oversight ANRE does not grant monopoly rights but exercises regulatory oversight, including approval of the trans- mission investment programme, tariffs (TURT) and the grid code (CRENT), and monitoring of non-discrimi- natory access. The Moroccan transmission sector is therefore struc- tured as a centralised, State-controlled monopoly, with limited and strictly regulated exceptions that do not create a competitive transmission market. 4.6 Transmission Charges and Terms of Service Pursuant to Article 15 of Law 48-15, ANRE sets the TURT after consulting the TSO. The tariff covers grid operation, maintenance, development and renewal costs (including a fair return on capital), as well as stranded costs. Current Tariff Levels ANRE first published the TURT on 5 February 2024 (Decision No. 02/24), initially setting it at 6.39 cDH/ kWh, with the system services tariff ( Tarif des Ser- vices Systèmes , or TSS) set at 6.35 cDH/kWh. Fol- lowing adjustments, the TURT was set at 6.85 cDH/ kWh and the TSS at 6.81 cDH/kWh effective from 1 March 2026. Tariff-Setting Methodology The TURT is set in accordance with ANRE’s tariff methodology (approved 21 December 2022), based on principles of transparency and non-discrimination. It draws on ONEE’s cost-accounting data and a nor- mative cost model, adjusted annually for inflation. 4.7 Open-Access and Non-Discriminatory Transmission Electricity transmission service in Morocco is provided on an open-access and non-discriminatory basis. • Legal basis: Law 48-15 guarantees the right of access to the national transmission network and to medium-voltage distribution networks for all users, including international interconnections within the limits of available technical capacity. • Non-discrimination: The TSO (ONEE) must refrain from any discrimination between users and pre-
serve the confidentiality of commercial information. The same obligation applies to distribution opera- tors. • Regulator: ANRE approves the transmission net- work code (CRENT, in force since January 2022), sets the TURT, and resolves disputes between operators and users. • Access modalities: Access is governed by agree- ments between the operator and each user, copies of which must be provided to ANRE. Any refusal of access must be justified and notified simultane- ously to the applicant and to ANRE. • Tariffs: On 5 February 2024, ANRE set the TURT at 6.39 cDH/kWh and the TSS at 6.35 cDH/kWh for the period March 2024–February 2027. • Transmission rights: Where capacity is insufficient, Law 13-09 authorises renewable energy operators to build direct transmission lines under a conces- sion agreement with the entity in charge of the TSO. 5. Distribution 5.1 Constructing and Operating Electricity Distribution Facilities The construction and operation of electric distribution facilities in Morocco are governed by the following laws: • ONEE Dahir, which created ONEE and granted it the public service mission of electricity production, transmission and distribution; • Law 113-14, which enshrined the management of the electricity distribution public service as a municipality competence; • Law 48-15, which created ANRE, the authority in charge of ensuring non-discriminatory access to distribution networks, setting the tariffs for use of the distribution grids, and approving grid codes; • Law 13-09, which defines the “National Grid” and grants independent producers a right of access to the distribution grid subject to available capacity; • Law 83-21, which created SRMs in charge of the management of the electricity distribution public service; and • Dahir No 1-61-346 (“Distribution Lines Dahir”), which regulates authorisations, permissions and
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