Modernization of environmental law and simplification of RES production licensing
(Article by Mira Todorovic Symeonides – Partner and Dr. Maria Ioannou – Associate of Rokas Law Firm, published in the Legal 500 / Legal Developments – Law Firm Thought Leadership, on April 28, 2020)
The Greek Parliament will soon be called upon to vote on a bundle of new legislative
measures on the modernization of environmental legislation which will significantly amend
the current RES production licensing procedure for power plants.
In the spirit of greater integration of RES produced power by year 2030 as per the country’s
and the EU legal commitments deriving from the Paris Agreement (COP 21) and the 2030
Framework for Energy and Climate Policy, and in light of EU Directive 2018/2001 on the
promotion of the use of energy from RES, the Ministry of Environment and Energy is about
to introduce a more standardised and simplified process for submitting the application file
and obtaining an authorisation to produce power form RES, which will replace the power
production licensethat the Greek Regulatory Authority for Energy (RAE) issues up to now.
The draft law provides for the setting up of an Electronic Register for the applicants to apply
for the issuing of a Certificate during the first 10 days of either February, June or October of
each year (i.e. 3 submission rounds), provided that certain criteria, such as compatibility with
the spatial plan for the sustainable development of RES, are met. RAE, however, will not
undertake the time-consuming task of evaluating the viability of the projects and the maturity
of the project (- the latter is examined during the environmental licensing process anyway).
The Certificates are to be issued electronically within a short and predetermined deadline and
will be valid for up to 25 years (with a 25-year extension possibility). The successful
applicants will have the obligation to carry out the remaining licensing (environmental etc.)
procedures and conclude a power purchase agreement within a reasonable timeframe or else
their Certificate will automatically cease to be valid and the land location and grid capacity
will be freed.
Furthermore, a Special Project Certificate shall be issued for the following plants: (i) hybrid
plants, (ii) high-efficiency combined heat and power (CHP) plants with a capacity exceeding
35 MW, (iii) geothermal power plants, (iv) power plants falling under the category of “other
RES plants” of article 4 of the law 4414/2016 (such as RES plants using waste not falling
under other categories), (v) solar thermal power production plants connected to the networks
of the Non Interconnected Islands, (vi) offshore wind parks, (vii) RES plants connected to the
grid through a separate submarine cable, and (viii) hydroelectric plants with a capacity
exceeding 15 MW. The applications for these projects shall be supported by certain additional
documents and studies.
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