Captive Power Projects: A summary of the Western Africa regulatory environment | Page 18

Togo

OVERVIEW
Degree of favourability
Existing opportunities. We have identified provisions allowing the development of self-production projects and independent producer projects.
Presence of a monopoly company
LEGAL FRAMEWORK
No official monopoly but in practice, Electricity Energy Company of TOGO( CEET), the state-owned company, is responsible for transmission and distribution. The Electricity Law applies to electricity generation, transmission, distribution, importation and exportation activities in Togo, regardless of the primary energy source used( thermal, solar photovoltaic, wind, hydroelectric, etc.). The Renewable Energy Law applies to generation, storage, transmission, distribution, sale and consumption of electricity from renewable energy sources. In Togo, the independent production of electricity from renewable energy is a public service activity subject to the concession system.
Types of authorisation required and associated thresholds( if applicable)
Granting modalities( decree, order...) Applicable Law( s)
Selfproduction
Declaration required for self-generation facilities using renewable energy with an installed capacity between 32 and 100 kW.
Authorisation required for:
- self-generation facilities using renewable energy sources with an installed capacity equal to or greater than 100 kW; and
- self-generation facilities using thermal sources with an installed capacity greater than 500 kVA.
Authorisations granted by the Autorité de Réglementation du Secteur de l ' Electricité( ARSE)
Law No. 2000-012 of 18 July 2000( Electricity Law)
International agreement of 23 December 2003( amended on 10 February 2015) between the government of the Republic of Togo and the Government of the Republic of Benin( Togo-Benin Electricity Code)
Law No. 2018-010 of 08 August 2018( Renewable
Energy Law)
The surplus of the energy produced can be sold exclusively to the grid operator; the terms and conditions of such sale require further investigation with the administration.
Decree No. 2019 – 018 / PR of 6 February 2019
Decree No. 2019-019 / PR of 6 February 2019
Decree No. 2019-034 / PR of 13 February 2019
Independent producers
A licence is required for renewable energy projects to be marketed to off-grid clients, particularly for rural electrification. The terms and conditions of the supply of energy to off-grid clients require further investigation with the administration.
For electricity production from renewable energy sources with injection into the national electricity grid, the independent producer must sign( i) a concession agreement with the State and( ii) a power purchase agreement with the national offtaker( CEET).
Licence granted by joint order of the Minister in charge of Renewable Energies and the Minister of Finance, upon recommendation of the Rural Electrification and Renewable Energies Agency( AT2ER) and following the opinion of the ARSE.
Tender process to be further investigated with the administration.
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