Overview of the New Decree on Electricity Production
As the Partner responsible for our Finance group in France and co-manager of our Casablanca office, I provide strategic advice to investment funds, banks, sponsors, and public entities on the structuring, allocation, and financing of projects in the energy, infrastructure, and automotive sectors across Europe and Africa. Recently, Morocco has taken a significant step towards enhancing its regulatory framework for electricity production, specifically for self-consumption purposes. The decree n° 2.25.100, dated 15 Ramadan 1447 (5 March 2026), has just been adopted, establishing the conditions and methods for the realization and operation of electricity production installations for personal use. This decree is enacted under Law n° 82.21, which governs electricity production for self-consumption, and was promulgated by the Cherifian Dahir n° 1.23.21 on 19 Rajab 1444 (10 February 2023), particularly addressing articles 3, 4, 5, and 6.
Key Regulations and Timeframes
The newly adopted decree lays down a structured regulatory framework categorized into three distinct regimes based on the capacity of the installations. It establishes precise timelines for each stage of the approval process. A receipt confirming the declaration of realization is to be issued within one month from the submission date of a complete application. For the connection approval regime, the realization approval is granted within thirty days following the submission of a complete dossier. This same thirty-day timeframe applies to the issuance of the realization authorization within the authorization regime. Furthermore, the construction of the installations must be completed within a maximum of two years from the signing date of the connection agreement. In cases of non-compliance, a formal notice is sent to the applicant, and if rectification is not made within a maximum of three months, the connection approval is considered void. However, in exceptional circumstances beyond the applicant's control, a motivated request for an extension of the realization deadline may be submitted, although this extension cannot exceed one year.
The review of connection approval and authorization requests necessitates a technical study conducted by the national electricity network manager, with the costs borne by the applicant. This study is to be completed within three months of the payment date by the applicant, with the possibility for the network manager to extend this deadline by an additional thirty days if the complexity of the study warrants it. Following the establishment of an electronic platform by the decentralized services of the governmental authority responsible for energy, applications will be submitted online in accordance with procedures that will be set by decree. The decree will come into effect three months after its publication, which means it will be implemented on 5 June 2026.
As reported by twobirds.com.
