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by Christina Koliatsi
Following the European
Commission's 20 per cent target for the overall share of renewable energy
sources (RES) for the EU by 2020, Greece has made strides to meet that goal.
Greece has harmonized Directive 2001/77/EC on power production from RES with
its national Law 3468/2007, recently amended by Law 3851/2010 (the
"Renewables Act"). The new Law 3851/2010 is extremely optimistic
about the contribution of electrical energy produced by RES to the gross
electrical energy consumption. It aspires to give Greece nation-wide
electricity from RES, up to 40 per cent until 2020.
Legal Regime on Permits for the Production of Electricity from Renewable Energy
Sources. The main steps to follow in order to produce electricity from RES and
enter into a power purchase contract are described below. The Renewables Act
and subsidiary legislation provide that for the production of electricity from
RES the following permits are required.
Power Production Permit
The Power Production Permit (PPP) is granted by the Regulatory Authority of
Energy (RAE). The Ministry of Environment and Climate Change (MECC) is also
entitled to conduct a check for legitimacy within twenty days of receiving the
file. This self-initiated check means, in practice, that the MECC is entitled
to cancel the license issued by the RAE, in case the license has been issued in
breach of the applicable law. The license is granted on the basis of certain
criteria provided by law, such as:
Public health and security protection;
Safety of the installation and equipment;
Energy efficiency of the project;
Maturity of the procedure for the realization of the project;
Existing studies regarding the ability to realize the project and connect it to
Security or ability to secure the right to use the land on which the project
will be installed;
Ability of the applicant to realize the project is based on its financial,
scientific, and technical sufficiency. The process entails selecting the
adequate financing instrument, as well as identifying the private capital of
Protection of clients and ability to offer services for common utility; and
Protection of the environment and compliance with the Special Framework for
Spatial Planning and Sustainable Development for RES.
The PPP is valid for 25 years and can be renewed for an equal period.
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Christina N. Koliatsi is
a partner in the Rokas International Law Firm. She specializes in finance,
energy law, company law, environmental law, and industrial property law. She
has extensive legal expertise and has acted as advisor to energy, construction,
and commercial companies.