Renewable Energy Law in Morocco

Morocco has emerged as a global leader in the transition toward sustainable power. Driven by a strategic necessity to reduce energy dependency and harness its vast natural resources, the Kingdom has developed a sophisticated legal and institutional framework. This transition is not merely an environmental choice but a structured legal evolution designed to modernize the national economy and ensure energy security.

The Moroccan energy legal landscape is governed by a series of laws and decrees that regulate production, distribution, and efficiency. From the early establishment of national offices to the modern laws opening the market to private investors, understanding this framework is essential for stakeholders, investors, and citizens alike.

The Institutional Framework: ONEE, MASEN, and AMEE

The foundation of Morocco’s energy sector was built upon the centralization of public services. Under Decree No. 2.73.216, the Office National de l'Électricité (now ONEE) was granted the assets and obligations of former private electricity companies, consolidating the state's role in the production and transport of energy.

However, as the Kingdom pivoted toward renewables, specialized institutions were created to manage this complex transition:

1. MASEN (Moroccan Agency for Sustainable Energy): Established by Law No. 57.09, MASEN is a central actor in the Moroccan solar and wind landscape. Originally focused on solar energy, its mandate was expanded to cover all renewable energy sources. According to Article 1 of Law 57.09, MASEN is a public limited company (Société Anonyme) tasked with achieving a minimum additional capacity of 3,000 MW by 2020 and 6,000 MW by 2030.
2. AMEE (Moroccan Agency for Energy Efficiency): Formerly known as the National Agency for the Development of Renewable Energy and Energy Efficiency, Law No. 16.09 transformed this body into the Moroccan Agency for Energy Efficiency. Its primary focus is on implementing government policy to reduce energy waste across all economic sectors.

Law No. 13.09: Opening the Market to Private Production

Perhaps the most significant legislative milestone is Law No. 13.09 relating to Renewable Energies. This law broke the historical monopoly on electricity production by allowing private entities to produce electricity from renewable sources such as solar and wind.

Under Article 2 of Law No. 13.09, legal entities under private law are permitted to produce electricity from renewable sources, subject to specific regulatory requirements. This law establishes a clear distinction between different scales of projects:

• Authorization Regime: According to Article 3, any renewable energy production facility with a capacity equal to or exceeding 2 Megawatts (MW) is subject to a formal authorization process. This includes the construction, operation, and expansion of such facilities.
• Access to the Grid: A critical component of this law is the right of producers to access the national electricity grid. Decree No. 2.15.772 further clarifies the conditions for accessing the medium-voltage (MV) national grid, ensuring that private producers can transport the energy they generate to their end consumers.

This legal framework encourages "clean energy" technologies to limit greenhouse gas emissions and reduce the pressure on Morocco's forest cover, as highlighted in the preamble of Law No. 13.09.

Energy Efficiency and Sustainability Standards

While Law 13.09 focuses on production, the Law on Energy Efficiency (Law No. 47.09) focuses on consumption. The Moroccan legislature recognized that increasing production is insufficient if the energy is used inefficiently.

The Law on Energy Efficiency introduces several mandatory mechanisms:

• Energy Audits: Mandatory energy audits for high-consumption buildings and industrial facilities.
• Impact Studies: The requirement for energy impact studies for new urban projects and construction.
• Performance Standards: Setting specific technical standards for appliances and equipment sold within the Kingdom to ensure they meet minimum efficiency requirements.

The goal, as stated in the law’s preamble, is to alleviate the burden of energy costs on the national economy and promote sustainable development by rationalizing consumption.

Practical Applications and Procedures

For a private investor or a company looking to engage in the Moroccan renewable sector, the procedure generally involves several steps within the Moroccan legal system:

1. Technical Proposal: Developers must submit their projects to the Ministry of Energy and MASEN for technical evaluation.
2. Licensing: Following Article 3 of Law 13.09, developers must obtain the necessary authorizations if their capacity exceeds the 2MW threshold.
3. Grid Connection Agreements: Producers must enter into agreements with the grid operator (ONEE) to define the technical and financial terms of power transmission, particularly regarding the use of high and medium-voltage lines.

These procedures are designed to ensure that the integration of solar and wind power does not compromise the stability of the national electricity grid while fostering a competitive environment for "modern energy" at competitive prices.

Conclusion and Key Takeaways

Morocco’s legal framework for renewable energy is a sophisticated blend of centralized planning and market liberalization. By empowering institutions like MASEN and AMEE and providing a clear legal path for private production through Law 13.09, the Kingdom has created a stable environment for green investment.

Key Takeaways:

• Liberalization: Private entities can now produce renewable energy and access the national grid under Law 13.09.
• Institutional Oversight: MASEN leads the strategic development of large-scale projects, while AMEE focuses on efficiency.
• Thresholds: Projects exceeding 2MW require specific government authorization.
• Efficiency: Sustainability is enforced through mandatory energy audits and efficiency standards under Law 47.09.

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