Morocco: National Renewable Energy Strategy Expert Consultant
Based in Seoul, the Global Green Growth Institute (GGGI) is an intergovernmental organization founded to support and promote a model of economic growth known as "green growth" that targets key aspects of economic performance such as poverty reduction, job creation, social inclusion, and environmental sustainability. GGGI works with countries around the world, building capacity and working collaboratively on green growth policies that can impact the lives of millions. The organization partners with countries, multilateral institutions, government agencies, and the private sector to help build high-growth economies that are more efficient and sustainable in their use of natural resources, less carbon intensive, and more resilient to climate change while meeting the requirements of the Paris Agreement.
The Paris Agreement provides a comprehensive framework for signatory parties to make an ambitious commitment to limit the increase in global average temperature to well below 2°C, and to continue their efforts to limit the increase to 1.5°C in a cooperative manner. This framework covers a number of instruments, including cooperative approaches under Article 6, which allows for the potential development of international carbon transactions.
The GGGI's Carbon Pricing Unit (CPU) is implementing several programs related to the intensification of international carbon trading, covered by the Paris Agreement regulations finalized in Glasgow at COP26. By opening up these markets and the resulting flow of transactions, it is envisioned that a robust and reliable global price for carbon will be established to motivate the transformational change needed to achieve the ambitious Paris goals. GGGI's Article 6 programs provide technical assistance and capacity building to government counterparts to improve their readiness for Article 6 engagement. These programs support the design of projects and policies for pilot transactions and the strengthening of institutional frameworks necessary for their implementation. By the end of 2022, GGGI's core unit will have secured $30 million in funding to carry out its Article 6 programs, with operations in 11 countries, making it a leader in Article 6 piloting.
The GGGI project "Designing Article 6 Policy Approaches" (DAPA) aims to pilot the design of policy approaches under Article 6, with significant potential to scale up national ambition beyond the usual project level, generating environmentally robust mitigation actions that qualify for bilateral and multilateral international transactions as internationally transferred mitigation outcomes (ITMOs).
This project helps host countries engage in international carbon trading by designing policy approaches for specific sectors that contribute significantly to the country's GHG emissions.During a first scoping phase (Phase 1 of the program), four countries, namely Morocco, Indonesia, Senegal and Vietnam, were selected because of their strong commitment to mitigation, their willingness to pilot policy approaches under Article 6 of the Paris Agreement and their institutional readiness.
For Morocco, the energy sector has been selected for the implementation of the project's policy approaches under Article 6 of the Paris Agreement, in particular renewable energy "RE" and energy efficiency "EE" which are of paramount importance in Morocco's development policy.
During the design phase (phase 2 of the program) and after consultation with key players in the energy sector and in direct collaboration with the Department of Energy Transition, the choice of policy approaches focused on the field of Renewable Energy "RE". In this sense, a legal framework has already been put in place for the development of RE in Morocco. This legal framework is now completed and strengthened by the two bills: Bill 40.19 and Bill 82.21 to continue the gradual opening of the RE sector and the strengthening of energy actions.
This consultation will focus on the draft law No. 40-19 amending and supplementing the law 13-09 on renewable energy, as amended and supplemented by Law 58-15, has been developed in a framework of consultation, with private operators, public institutions and ministerial departments concerned. It aims to improve the legislative and regulatory framework governing the activity of realization of renewable energy projects by the private sector, while ensuring the security and sustainability of the national electricity system and the balance of all its components.
This bill, which was approved by the Government Council on July 1, 2021 and adopted unanimously on Monday, May 23, 2022 by the House of Representatives, is in line with the Kingdom's guidelines to improve the business climate, to further strengthen transparency, to facilitate access to information on investment opportunities, to improve authorization procedures, which is likely to strengthen the attractiveness of the renewable energy sector to private national and international investment and accelerate the emergence of a national ecosystem of renewable energy technologies.
The said project takes into consideration the current institutional framework and the new technical constraints generated by the rise of intermittent renewable energies, which requires the manager of the national electricity transmission system, the development of the back-up system and sufficient reserves, in mobilizable power, in order to ensure the balance between the production based on renewable energies and the consumption of customers governed by the law No. 13-09.The main changes introduced by this legislation are the possibility for energy producers to supply electricity to the national grid operator ONEE, distribution system operators, consumers or "groups of consumers" connected to all types of voltage.
This project will also encourage decentralized production and will offer operators, especially industrial operators, the possibility of obtaining green and competitive electricity via the electricity network manager in order to optimize the investment of the installations and the cost of the kilowatt hour. It establishes, for the first time, the right to have certificates of origin certifying that the energy used is from renewable sources.
In addition to the previous market liberalization provisions, it contains several changes to speed up and streamline approval processes, increase transparency and improve the functioning of the energy system. However, important elements are left to the subsequent implementing decrees which are the main focus of this consultation.
GENERAL INFORMATION
Project: Development of the implementing decrees related to the law proposal N°40.19 within the framework of the DAPA program (Designing Article 6 Policy Approaches) in Morocco – Renewable Energy
Place of employment: Rabat, Morocco
Contract duration: October 2022 - February 2023
Type of contract: deliverable consultant
Estimated number of working days (for internal purposes only): 60
Consultant Level: Level 4
Total fees: up to 16,000 USD (depending on applicant's referrals)
OBJECTIVE OF THE MISSION
Taking as a basis the draft law 40.19 and its regulatory references, as well as the will to ensure a progressive and balanced opening of the RE market, the main mission of GGGI in this consultancy is to assist the Government of Morocco in the implementation of the application decrees related to the draft law 40.19 in consultation with the concerned actors and operators. This mission must be carried out in order to guarantee the transparency of the RE sector, while preserving the security of the national electricity system, the bankability of projects and the balance of the sector. For this mission, GGGI is hiring 3 consultants[1]:
- National Renewable Energy Strategy Expert who will be responsible for analyzing the impact of the draft law on the renewable energy market in Morocco and drafting one or more implementing decrees (without legal packaging) related to the regulatory references listed in Annex 1.
- National Grid and Regulation Expert who will be responsible for stakeholder consultation and technical studies related to the national grid, with the final objective of proposing a regulatory framework and recommendations for the implementation of the regulatory references listed in Annex 2.
- National Legal Expert whose role is to provide expert advice on the legal aspects of the draft law 40.19, provide ongoing support to the two technical experts through consolidation meetings. The final objective is to draft the implementing decree(s) with a legal framework validated by the METSD.
Under the guidance of GGGI Morocco DAPA Lead, and in close collaboration with the Ministry of Energy Transition and Sustainable Development, Department of Energy Transition, the National Renewable Energy Strategy Expert (hereinafter "the Consultant") will be responsible for reviewing existing laws, redundancies and overlaps in the proposed regulatory references, providing expert advice in the field of renewable energy and national energy strategies in order to determine the challenges and obstacles to the drafting of the implementing decrees. Based on the 10 regulatory references of the draft law 40.19, the consultant has the mission to conduct additional studies (technical studies or benchmark studies...) related to the regulatory references listed on Annex 1. The consultant's final objective is to draft regulatory texts of administrative and procedural nature of the law 40-19.
The detailed tasks of the consultant are described below:
Task 1. Diagnosis of existing RE laws
Assess the consistency and compatibility, potential redundancies and overlaps of the proposed implementing orders with the regulatory framework currently in place within the renewable energy sector including:
- Law 58-15 on the opening of the low voltage network ;
- Law 48-15 on the regulation of electricity and the creation of ANRE and on the draft provisions on natural gas;
- Bill 82.21
- Law 54-14 on self-generation
- Law 40-09 relating to the ONEE;
- Law 57-09 relating to the creation of the Moroccan Agency of Solar Energy "MASEN";
- Law 37-16 and Law 38-16.
- Law 16-08.
- Etc...
Task 2. Stakeholder Consultation, Regulatory Guidance Analysis and Regulatory Referrals
2.1. Conduct a detailed analysis of the regulatory references listed in Annex 1, both individually and in relation to other proposed amendments, to identify any potential impact on the renewable electricity sector in Morocco.
2.2. Prepare a report listing the impacts, as follows:
- Impact on the Moroccan electricity market (market liberalization, market balance, private sector participation to reach the renewable generation targets "52% to 64% by 2030", roles of the actors involved).
- Impact on the economic balance of the public sector and the bankability of projects.
- Impact on the Moroccan Industry and the export market, especially for the preparation of the tax at the European Union border CBAM (Carbon Border Adjustment Mechanism).
- Impact on the creation of a local industrial ecosystem (job creation and local development)
- Other impacts, if any.
2.3. Provide summary report identifying additional studies deemed necessary related to the list in Annex 1 (certificates of origin, institutional reconfiguration, national preference, tendering procedures for renewable energy projects etc.)
2.4. Consolidate the 10 regulatory references into 1 or more implementing orders[2]
2.5. Organize and moderate a feedback meeting to present the results of the detailed analysis of regulatory referrals to METSD and GGGI:
- Recommandations,
- Presentation of the results of Task 2
Notes :
- The data should reflect the actual figures for the country. Information can be obtained from official energy reports, interviews with stakeholders. In exceptional cases where no local data is available and with the approval of GGGI, the consultant may use comparable international data.
- International case studies can be used to compare similar experiences.
Task 3. Proposal and preparation of implementing decrees for the 6 regulatory references (Annex 1)
3.1 Draft the regulatory text (related to administrative and procedural of Law 40-19) for one or more implementing decrees[3] resulting from the regulatory references listed in Annex 1 that require no technical studies or international benchmark by including all changes granted in the final list of amendments to the bill.
3.2 For the regulatory references that require technical studies or international benchmark, the consultant shall Integrate the results of the studies undertaken in the form of draft regulatory texts (without legal status[4]) in the decrees implementing the law. This task must be carried out taking into account the results of the analyses and studies undertaken and the discussions with the METSD and the GGGI.
3.3 The consultant is required to present the results of all the above activities (Task 3) to the National Legal Expert who is responsible for developing and drafting the decree(s) implementing the law.
Task 4. Workshops
Under the guidance of the Program Manager, the Consultant shall plan and moderate two workshops:
4.1. A workshop to disseminate the content of the draft implementing decrees. A meeting will be scheduled with METSD prior to this validation workshop for a final discussion and consultation with METSD before presenting at the final validation workshop.
4.2. A workshop to present the final version of the application decrees will take place during a final workshop, in the presence of the METSD, the GGGI and all the operators concerned.
Task 5. Additional deliverables (2-5 pages word document for each item)
5.1. Overview of market opportunities with implementation of Policy 40.19 (best, medium and worst-case scenarios).
5.2. Challenges, barriers, uncertainties, and gaps in the evaluation and delivery of the various services proposed in Bill 40.19 related to the renewable energy sector.
5.3. Benchmark about certificates of origin
5.4. Benchmark related to the national preference principal
DELIVERABLES AND PAYMENT SCHEDULE
The assignment will consist of five main deliverables:
|
Deliverables |
Task N |
|
|
|
Task 1 Task 2 |
|
Task 3 Task 4 |
|
Task 5 |
|
Task 4 |
At the beginning of the assignment, the consultant will propose a work plan indicating how and when the objectives specified above will be achieved. This plan shall be agreed upon between the consultant and Program Manager during the first week of the contract.
In order to maintain timely communication between the consultant and GGGI and to ensure a high quality of services, the consultant is expected to hold regular update calls/meetings with the Program Manager to review key results and monitor progress of the engagement on a bi-weekly basis.
All reports and results must be written in English and French (except for the deliverable on the implementing decrees, which must be written in Arabic with courtesy translation into English and French), in accordance with GGGI formatting requirements, and submitted in hard copy and electronically with complete sets of raw data, research materials, and interview notes in editable format.
The progress of the consultant's work will be monitored primarily through periodic (i.e., bi-weekly) review meetings, the precise timing of which must be agreed upon with the consultant. These meetings will assess the status of the project, actual accomplishments against the schedule set at the beginning of the assignment, support needed to address challenges encountered, etc.
All deliverables will be reviewed, discussed and agreed upon with METSD, the GGGI team in Morocco, the GGGI Carbon Pricing Unit (CPU) team at headquarters, or international experts appointed as CPU delegates.
PAYMENT TERM
|
Deliverables |
Provisional due date |
Payment (% of contract value) |
|
Work plan representing the proposed process for developing the decrees of application related to the list in Annex 1. |
7 days after signing the contract |
5% |
|
* Report ‘word document’ including: - An assessment of impact, complementarities and redundancies with existing renewable energy laws and draft recommendations of the Bill 40.19 - A detailed analysis of the Bill 40.19 and its regulatory references listed in Annex 1 * Meeting with METSD: - PPT presentation highlighting the work plan for the consolidation of the 10 regulatory references into 1 or more implementing decrees - PPT presentation listing the outcomes of Task 1 and Task 2 |
1 month after signing the contract |
15% |
|
-Draft report ‘word document’ listing the regulatory texts of administrative and procedural aspects of Law 40-19 and Draft text of the implementing decrees related to Annex 1. -PPT presentation and a workshop to disseminate the content of the draft implementing decrees |
2 months after signing the contract |
25% |
|
Additional deliverables / Knowledge materials (word document “.doc” of 2-5 pages for each item) |
3 months after signing the contract |
15% |
|
- Final report ‘word document’ listing the final version of the implementation decrees - Validation meeting with the METSD and organization of a final workshop to present the final version of the decrees (PPT presentation) in presence of key stakeholders |
4 months after signing the contract |
40% |
EXPERTISE REQUIRED
GGGI is seeking a highly qualified individual consultant who can provide technical support and advice as specified in these TORs, as outlined below:
- Master's degree in public policy, engineering, energy or other related fields
- Proven experience in the renewable energy market in Morocco is mandatory with at least 10 years of professional experience, including 8 years of experience in the renewable energy sector,
- Demonstrated experience in developing renewable energy projects, ideally within the framework of Law 13.09, for government, private sector and/or international development agencies.
- Strong network and relationships among stakeholders involved in the renewable energy and electricity sectors in Morocco ideally ONEE, ANRE, MASEN, Electricity Distributors, Ministry of Energy Transition and Sustainable Development (METSD), Ministry of Interior, Ministry of Industry and Trade....
- Good understanding of Morocco's development, climate change and green growth objectives and policy frameworks.
- Ability to work independently under pressure with minimal instruction or supervision.
- Fluency in French and Arabic with excellent writing and presentation skills. Necessary English skills for report-writing
All costs related to the organization of the workshops will be covered by the GGGI.
The closing date is the 19th of September at 6 p.m. Korean Standard Time (KST). Applications submitted after the deadline will not be considered. The cover letter and CV must be submitted in English. A consortium or company cannot be hired for the individual consultant assignment.
[1] This term of reference is only covering the National Renewable Energy Strategy Expert.
[2] Under the guidance of the METSD and the National Legal Expert
[3] Depends on the outcomes of the Activity 1.4 in Task 1
[4] Legal status is covered by the National Legal Expert
Child protection – GGGI is committed to child protection, irrespective of whether any specific area of work involves direct contact with children. GGGI’s Child Protection Policy is written in accordance with the Convention on the Rights of the Child.