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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