Captive Power Projects: A summary of the Western Africa regulatory environment | Page 11

Côte d ’ Ivoire

OVERVIEW
Degree of favourability
Existing opportunities . The Ivorian legal framework enables the development of projects based on a self-production model or involving the use of independent producers . The legal instruments required to carry out this activity have been published and the thresholds are high enough to cover the needs of a captive power project . The possibility of using electricity produced by an independent producer is subject to the company obtaining the status of an “ Eligible Client ”.
Presence of a monopoly company
No state monopoly in relation to the production and sale of energy .
LEGAL FRAMEWORK
Types of authorisations required and associated thresholds ( if applicable )
Granting modalities ( decree , order ...) Applicable Law ( s )
Self-production
Authorisation required for self-production facilities with an installed capacity equal to or greater than :
- 20 kW for self-generation from a renewable energy source ; or
- 400 kW for self-generation using a conventional energy source ( no maximum installed capacity threshold identified ).
Possibility of selling the surplus electricity . The total volume of surplus production sold is capped at 30 % of the annual energy produced from conventional energy sources and 50 % of the annual energy produced from renewable energy .
Authorisations granted by the Ministry of Energy .
Law No . 2014-132 of 24 March 2014 ( Electricity Code )
Order No . 105 MPEER / CAB / DGE of 13 December 2019
Decree No . 2016-783 of 12 October 2016
Order No . 329 MMPE / DGE of 9 December 2022
Independent producers
Government approval of the production agreement ( entered into between the independent producer and an Eligible Client ) 7 is required .
Eligible Clients need to obtain an authorisation to purchase energy from an IPP , which is subject to a yearly consumption of at least 10 GWh .
Production agreements signed by the Minister for Energy and the Minister for the Economy and Finance and approved by a decree issued by the Council of Ministers .
7 “ Eligible Clients ” are defined by Order No . 329 / MMPE / DGE as final consumers of electricity that are authorized to purchase electricity from one or more operators of their choice for their own consumption .
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