Africa - Self-Generation of Electricity in Morocco: What Changes with the Simultaneous Publication of the Implementing Decree and the Feed-in Tariff

Moroccan Law No. 82-21 on the self-generation of electricity from renewable sources had been anticipated for several years. However, its full implementation was contingent upon the publication of implementing regulations, which were slow to appear, leaving operators in a state of legal and economic uncertainty that was at times difficult to manage.

This uncertainty has now been dispelled, thanks to the simultaneous publication of Decree No. 2-25-100 of 5 March 2026, published in the Official Bulletin on 9 March 2026, and ANRE Decision No. 04/26 setting the feed-in tariff for surplus electricity. Together, they complete the Moroccan regulatory framework for self-generation and enable its implementation within a legally secure framework. The effective date is set for 9 June 2026.

Three Distinct Schemes Based on Installed Capacity
The decree structures the self-generation regime around three categories, defined by specific capacity thresholds:
•    Installations under 11 kW connected to the low-voltage grid are subject to a simple declaration requirement;
•    Installations between 11 kW and 5 MW are subject to a grid connection agreement requirement;
•    For installations exceeding 5 MW, an authorization requirement applies, with a complete application to be submitted to the decentralized offices of the 

Ministry of Energy Transition. This last scheme is particularly demanding in terms of documentation: consumption reports for the past three years, an environmental impact study, detailed technical specifications of the equipment, and a connection diagram. These requirements necessitate careful advance project planning.

Fixed Timeframes – But Which Must Be Factored in Now
The decree establishes specific timeframes for each stage of the procedure—ranging from 15 to 30 days depending on the phase—in addition to a mandatory technical study, at the applicant’s expense, which can take up to three and a half months. This timeframe, which is often underestimated, must now be factored into the contractual schedules and financial models of current and future projects.

A Feed-in Tariff Is Finally Set: Economic Balances Can Now Be Established
ANRE Decision No. 04/26 sets the feed-in tariff applicable to the sale of surplus energy—capped by law at 20% of annual production—for facilities connected to MV, HV, and EHV grids. This tariff varies by time of day: 18 cDH/kWh during off-peak hours and 21 cDH/kWh during peak hours. For each installation, it will be indexed to the Average General Tariff as of the date the grid connection agreement is signed.

This economic parameter, which had long been undetermined, now makes it possible to finalize project financial models and accurately assess their profitability.

Bringing Existing Facilities into Compliance: An Urgent Matter Not to Be Overlooked
The new provisions are not limited to projects in the development phase. Article 33 of Law No. 82-21 expressly provides for a transitional scheme for installations already in operation. Until now, its practical implementation had been impossible due to the lack of an implementing decree. It is now possible – and the 9 June 2026 deadline applies.

Affected operators must verify that their installations and contractual arrangements comply with the new requirements and, where needed, immediately take the necessary steps to bring them into compliance. Failing to address this step in advance will result in non-compliance once the decree takes effect.

Self-Generation: A Strategic Lever Requiring a Rigorous Legal Framework
The publication of these regulations marks an important milestone in Morocco’s energy transition. It opens up real opportunities for businesses seeking to take control of their energy supply and reduce their carbon footprint. However, these opportunities will only materialize if the legal, contractual, and financial framework is properly structured from the outset—and regularly updated as regulations evolve.

FIDAL Africa’s energy law and business law teams support companies at every stage of their self-generation projects, from initial structuring to bringing existing facilities into compliance.