Morocco: Draft Decree on Certificates of Origin for Renewable Energy
Written By
Partner
France
As the partner in charge of our Finance group in France and co-managing partner of our Casablanca office, I advise investment funds, banks, sponsors and public entities on the structuring, award and financing of projects in the energy, infrastructure and automotive sectors in Europe and Africa.
Conseil Juridique
Morocco
I am based in Casablanca and I am a member of the Corporate Commercial Group dedicated to the MENA region and sub-Saharan Africa. I advise Moroccan and international companies on development operations, as well as on their day-to-day corporate operations.
The Ministry of Energy Transition and Sustainable Development of the Kingdom of Morocco has introduced a draft decree concerning certificates of origin for electricity produced from renewable sources. This long-awaited draft decree aims to implement the provisions of Article 6 bis of Law No. 13.09, as amended by Law No. 40.19, as well as Article 16 of Law No. 82.21, published in the Official Bulletin in February 2023. The provisions of this decree will come into effect six (6) months after its publication in the Official Bulletin.
This draft decree is essential for enhancing transparency and efficiency in the management of certificates of origin. These certificates enable producers to prove that their electricity is generated from renewable sources, thereby facilitating commercial transactions and investment in the renewable energy sector.
The objectives of this draft decree are to (i) establish a national registry for certificates of origin, (ii) develop a national portal for certificates of origin, and (iii) ensure compliance with the principle of independence concerning the activities of electricity production, transmission, distribution, and commercialisation.
Designation of the Moroccan Agency for Energy Efficiency
The Moroccan Agency for Energy Efficiency ("AMEE") is designated as the authority responsible for issuing and managing certificates of origin. This centralisation aims to ensure transparent management of the certificates, providing effective oversight for renewable electricity producers.
Registration procedure for electricity production facilities
Renewable electricity production facilities and independent producers must comply with the conditions defined in the decree to be registered. The registration process includes the submission of documents certifying compliance with renewable energy standards, ensuring the legitimacy of the installations before certificates are issued. Operators must first register in the national registry of certificates of origin through the dedicated national portal, managed by AMEE.
Procedure for Issuing the certificate of compliance
The certificate of compliance for renewable electricity production is intended to confirm that the installation: (i) is designed to produce electricity from renewable sources, (ii) complies with applicable standards and laws, and (iii) is equipped with a meter capable of measuring the quantity of electricity produced, consumed, and fed into the national grid.
The compliance certification process for renewable energy installations is supervised by an accredited monitoring body designated by the competent governmental authority. This process includes the submission of relevant documentation. Modifications to an electricity production facility from renewable sources require the issuance of a new certificate of compliance. The certificate is valid for a maximum of three (3) years from its issuance date.
Procedure for issuing the certificate of origin
The certificate of origin for operators registered in the national registry can be issued by AMEE. A formal application must be submitted. Operators are entitled to request a certificate of origin for the entire production during a given period or for each part of the production destined for a specific consumption site. The certificate of origin is valid for a maximum period of twelve (12) months from the date of electricity production.
Once adopted, this draft decree will represent a significant step forward in the development of the renewable energy sector in Morocco and the certification of the origin of energy sold on the market. By establishing clear mechanisms for issuing, managing, and monitoring certificates of origin, the decree aims to enhance transparency and support the country's energy transition.
