On 28th March 2023, Law 5037/2023 (OJ 78 A’/28.03.2023) entered into force with the aim of modernizing the regulatory framework regarding issues related to water and municipal waste management whilst introducing special provisions for RES projects, by amending Law 4951/2022. The most significant provisions of the new Law can be outlined as follows:
– The Regulatory Authority for Energy (RAE) is renamed “Regulatory Authority for Waste, Energy and Water” (RAWEW). Under the new Law, its scope of operation is expanded in the essence that besides the exercise of control and the supervision of the Greek energy market, RAWEW is now responsible for the exercise of control and the supervision of issues related to the provision of water services and municipal waste management.
– The deadline for the conclusion of Power Purchase Agreements (PPAs) in the form of an operating aid contract with the RES & Guarantees of Origin (DAPEEP SA) as it regards PV stations with installed capacity up to 500kW, which are currently eligible to conclude a PPA without participating in competitive bidding processes i.e., via a fixed reference price, is extended until 31.12.2024. To this end, it is stipulated that as of 01.01.2025, operating aid contracts for PV stations will be concluded only following successful participation in a competitive bidding process. In order for the owners of PV stations to benefit from the current fixed reference price, they should electrify their station or declare their station’s readiness until 31.08.2024.
– Under the new law, it is stipulated that the owners of RES and CCHP stations that have concluded or will conclude an operating aid contract with DAPEEP, have the right to participate in the market or carry out transactions as participants in the electricity markets without receiving operating aid for a period which commences as of the date of the issuance of the station’s Operation License or the station’s activation of connection in case of stations exempted from the obligation to issue a Producer Certificate and does not exceed two (2) years. Within that period, the operating aid contract is temporarily suspended. The duration of the station’s operating aid contract and the duration of its Operation License is extended for an equal period.
– Specific deadlines are introduced for the submission of a complete request for the conclusion of a Connection Works Agreement (CWA) as it regards both the Final Connection Terms Offers (CTOs) that were valid on 04.07.2022 i.e., the date that Law 4951/2022 entered into force and the CTOs issued after 04.07.2022, with the aim of ensuring the projects’ implementation.
– The deadline for the submission of an application for the issuance of a Polygon Registration Certificate for RES stations already operating and exempted from the obligation to obtain a Producer Certificate, is extended up to 30.06.2023.
In addition, it is foreseen that, in case of failure to issue a Polygon Registration Certificate for Exempted Stations, due to overlap with another Producer Certificate or Special Works Certificate or Production License or Storage License, the Licensing Body carries out a comparative evaluation of the stations in question based on the following criteria and the one qualified is:
a) the exempted station, in case the said station is installed in a private land and the owner of the station has legitimate use of it, or, in the absence thereof,
b) the exempted station that has entered into a CWA with the competent Administrator, or, in the absence thereof,
c) based on the date of submission of a complete request either for a Producer Certificate or Special Works Certificate or Production License or Storage License or the date of submission of a request for the issuance of a CTO in case of an exempted station.
The editorial team