MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
concessions for the distribution of electric energy, distinguishing between distributions on private land, on public domain under a “ permission de voirie ”, and under concession. Other laws allow the construction of distribution lines. • Law No 21-90 (hydrocarbons) provides that com- panies holding concession rights under the hydro- carbon code may develop private electricity lines ancillary to their activities. • Law No 25-90 (subdivisions) provides that devel- opers may build electricity networks, with owner- ship reverting to the municipal public domain upon completion. • Law No 19-94 (industrial acceleration zones) provides that the zone operator may create and maintain electricity grids and provide distribution
• Permission de voirie (permission of way): Issued by order of the relevant minister, after consultation with telecommunications authorities, provincial authorities and municipal authorities. The permis- sion sets the duration (maximum 50 years), condi- tions of occupancy, fees and technical require- ments. • Concession: For major projects requiring a dec- laration of public utility. The process requires a public inquiry ( enquête publique ), instruction by the relevant ministry, consultation with interested services and authorities, and issuance of a conces- sion act with an associated convention and cahier des charges . Maximum duration: 75 years. Typical Timelines No unified statutory timeline applies across all distri- bution regimes. Timelines depend on environmental approval, land access and urban planning permits. For renewable energy installations connected to dis- tribution under Law 13-09, the technical opinion of the distribution operator must be communicated within one month. 5.3 Terms and Conditions Imposed in Approvals to Construct and Operate Electric Distribution Facilities Typical Terms and Conditions Conditions are primarily defined through contrac- tual arrangements entered into between competent municipalities and their concessionaires in charge of the development and management of distribution net- works (SRM management contracts or concessions), supplemented by administrative permissions and regulatory obligations, rather than through a unified licensing framework. Amendment or Relaxation of Terms and Conditions Distribution arrangements may be modified only through contractual renegotiation, administrative decision or regulatory adjustment between compe- tent authorities (municipalities) and relevant conces- sionaires. • SRM management contracts: May be amended by agreement between the SRM and the service owner. Material modifications may require endorse- ment by the Ministry of the Interior.
services within the zone. Storage and Microgrids
There is no standalone legislation on microgrids. Laws No 82-21 and 40-19 introduce a legal basis for energy storage.
5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities Regulatory Process
Unlike generation, the development of electricity dis- tribution facilities is not subject to a centralised licens- ing regime but depends on the management organisa- tion decided by the relevant municipality. However, the laws and regulations applicable to the construction of infrastructure generally remain appli- cable to the development of distribution lines (ie, town planning, environment, etc). Accordingly, the entity in charge of developing electricity distribution facilities notably remains subject to Law No 12-90 and should therefore obtain a building permit for the construction of those facilities. In addition to the above, although it is outdated and to the best of our knowledge has been largely ignored to date, the development of distribution lines must also theoretically comply with the Distribution Lines Dahir, which provides for the following regimes.
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