Environmental Engineering Reference
In-Depth Information
more on oral commitments and permanent accommodations (
than the written
contract.
300
Questions also remain about the existence and recognition of the rule of
law.
301
Good governance and the rule of law are important prerequisites for a
successful investment.
302
There are plans to unify PPP regulations, but so far no
implementation has taken place.
303
There is the general issue of foreign property rights, which have improved over
the past decades but still face problems in the MENA region.
304
Due to the close
relationship with the French legal system, a short analysis of French regulations on
PPPs might be helpful. France has laws for a delegated administration called
Loi sur
la Gestion D ´l ´gu ´e
, which, for example, stipulates the fair allocation of risks
within a PPP project.
305
The
Loi sur la Gestion D ´l ´gu ´e
does not expressively
forbid state purchase of the product.
306
As mentioned above, loi 13-09 regulates all matters involving renewable ener-
gies and is therefore highly relevant for the implementation of the Desertec
Concept. Art. 1(1) of loi 13-09 stipulates that solar energy is subject to this law.
All renewable power plants that produce more than 2 MW need authorization as per
Art. 3 of loi 13-09. Authorizations are not transferable to anyone else (Art. 15 of loi
13-09). Art. 5 of loi 13-09 stipulates the possibility to connect different plants to the
local grid of Morocco. Any change in the project requires authorization by the
respective administration (Art. 17 of loi 13-09). The primary market for any project
will be Morocco (Art. 25-26 of loi 13-09). Nevertheless, there is the possibility of
exporting energy, as regulated in Art. 27-30 of loi 13-09.
MENA countries lack experience with new types of sponsors, business models,
markets and technology. Such inexperience creates risks for an investor.
307
How-
ever, there are positive movements within Morocco and its legal framework. Issues
concerning international arbitration will be assessed later on in this thesis.
...
)
'
1.6 Conclusion
This introduction illustrates that it is possible to implement the Desertec Concept
through a PPP. Such a PPP must include the foundation of an SPV, including the
state of Morocco as a minority shareholder, and should also be set up as a
300
Berger (
2009
), 217 (229-230); cf. Kutty (
2006
), 565 (609-611).
301
Sater (
2009
), 181 (185-188).
302
Joff´ (
2000
), 33 (44).
303
Also point out that there should be no infringement of local rights and laws, in: Boutayeb
(
2008
), slide 12.
304
Joff´ (
2000
), 33 (40-41).
305
Talbi (
2008
), slide 1.
306
La Forge and Nouel (
2008
), slide 4.
307
RAL (
2010
), 50.
