Licensing Code regulating RES production certificates takes effect

New Licensing Code regulating RES production certificates takes effect

(Article by Mira Todorovic Symeonides – Partner, published in the Energy & Natural Resources Newsletter of the ILO on February 15, 2021)

Introduction
On 1 December 2020 the new Licensing Code, which regulates renewable energy source (RES) production
certificates, was published in the Official Journal (B’ 5291/2020). The code aims to implement the new RES
licensing procedure, as regulated by Law 4685/2020 (OJ A’ 92/07.05.2020). The code was published on the
day on which the first submission round for the issuance of these certificates started. This last-minute
regulation caused uncertainty for interested applicants regarding the application procedure and the required
documents and a sense of urgency with respect to collecting such documents. However, this was partially
mitigated by the earlier public consultation on the draft code and the extension of the duration of the
submission round by 10 days (it ultimately ran from 1 December 2020 to 21 December 2020).

Application procedure
The code regulates the conditions and procedure for the electronic submission of applications for production
certificates for RES and high efficiency cogeneration of heat and power (HP CHP) plants other than special
projects and production certificates for special projects (eg, hybrid, offshore wind, HP CHP above 35MW,
geothermal energy and RES plants that are connected to the interconnected system through submarine cables).
Applications for these certificates, as well as for their amendment, must be submitted via electronic form
through the platform established for this purpose.

Conditions for issuing certificates
The conditions for issuing RES production certificates include the following:

• There must be no overlap of land plots in two or more applications which partly or completely prevent the
  implementation and operation of such plants. Unless one project has priority (eg, in case of projects of
  strategic interest or projects held by energy communities), the Regulatory Authority for Energy (RAE) will
  first instruct the applicants to find a solution themselves (eg, by introducing other land plots for the
  overlapping part of the project, reducing the diameter of blades in case of wind generators or reducing the
  project’s capacity) within 30 days. If no solution is found, the RAE will communicate with the local
  authority regarding the possibility of extending the maximum installation capacity for wind generators in
  its territory in compliance with the Special Framework for Spatial Planning and Sustainable Development.
  Ιf this solution is not applicable, the RAE will proceed with a comparative assessment of the two
  applications by applying the following criteria:
  • In regard to private land plots (including municipality land) or partly private and partly public land
    plots, the preferred applicant will be the one which has secured the legal titles (eg, ownership, lease
    and usufruct) on such land plots and provided, within 10 days, all necessary evidence of titles for the
    entire project (eg, public notary agreements, court decisions and extracts from registers).
  • If the applications are equal in this respect, the preferred application will be the one for which the
    applicant submits a solemn declaration that the project will receive no operational state aid.
  • If the applications are still equal, the preferred application will be the one which concerns the issuance
    of a production certificate for special projects.
  • If the applications are still equal, the next criterion is the applicants’ financial strength.
  • In regard to small hydro power plants, the next criterion is the project’s maturity.
  • The subsequent criterion for special projects is the level of energy efficiency.

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