The Tunisian legal framework on the production of electricity from renewable energies

05 July 2017

Salah Dakhlaoui, Managing Partner at Dakhlaoui & Partners, our partner law firm in Tunisia

Law no. 2015-12 of May 11 2015, on the production of electricity from renewable energies (hereinafter the "Law"), remains the most important text of law on renewable energy in Tunisia.

The purpose of the law is to establish a legal regime for the realization of projects to produce electricity from renewable energy, either for self-consumption or to meet the needs of local consumption or for export. It also aims to set up a legal regime governing the installation, equipment, immovable property and tools needed to generate and transport electricity from renewable energy.

An application Decree no. 2016-1123 of 24 August 2016 laying down the terms and conditions for the implementation of projects for the production and sale of electricity from renewable energy, provides that electricity generation projects carried out from renewable energies, shall be within the framework of needs and means determined by the national plan for electrical energy produced from renewable energies, either for (i) self-consumption purposes or (ii) in order to sell it entirely and exclusively to the public body which undertakes to purchase it.

  1. Electricity production for self-consumption
    In accordance with the provisions of Law, producers of electricity from renewable energies for self-consumption shall enjoy the right to sell surplus of electricity produced, and this exclusively to the “Tunisian Electricity, Gas and Renewable Energies Company”, which undertakes to purchase them under a contract concluded between both parties.

  2. The production of electricity from renewable energies to satisfy the needs of local consumption
    It is subject to an authorization issued by the Minister in charge of energy on the advice of a technical commission, within the limit of an installed maximum electrical power. Contracts for the production and sale of electricity are submitted to a Special Committee at the Parliament.

    Furthermore, in compliance with the Law, the production of renewable energies maybe directed to exportation.

  3. The production of renewable energies directed to exportation
    Projects for the production of electricity from renewable energy for export are carried out under concession agreements while taking into account national renewable energy needs. These concession contracts are concluded in accordance with the legislation in force concerning the granting of concessions by the State.

The export of electricity produced from renewable energies is subject to an obligation to provide the State with a part of the electricity produced for export. This part may be replaced by either a cash contribution, or a part in cash and part in kind.

Electricity produced from renewable energies is exported through a direct transmission line or through the national electricity grid. In this case, a contract specifying the technical, financial and commercial conditions for the transmission of electricity shall be concluded between the project company and the public body. The producer may carry out a direct transmission line and be responsible for all costs of its construction and maintenance.

For more information about the above development, please do not hesitate to contact:

Salah Dakhlaoui

dakhlaoui@dakhlaouiavocats.com