Energy service companies: Specifications and terms of reference

This is one of the mechanisms provided for in Law 47-09 on energy efficiency. Energy service companies will be set up and operate in accordance with the specifications set out in Article 7 of the law. A preliminary draft decree relating to these specifications has now been drawn up. It is currently in the public consultation phase at the Secretariat General of the Government.

In detail, Law 47-09 defines energy service companies as « any legal entity that undertakes, vis-à-vis an energy consumer, to carry out studies aimed at achieving savings in energy consumption, to prepare a project that achieves energy savings and to oversee its execution, management, monitoring and possibly financing, to guarantee the effectiveness of the project in the field of energy savings…».
The draft decree concerns companies, the only ones authorized to carry out studies aimed at achieving savings in energy consumption and upgrading, on the basis of the results of these studies, of the energy equipment,  and of the facilities studied. These companies must be authorized by the authorities if they meet certain conditions. The new text defines the procedures for granting this authorization. The Ministry of Energy Transition will oversee the process. The authorization application must be submitted, in physical or electronic format, to this department, in return for a receipt. A series of documents must be included in the application file. These include a copy of the basic status and commercial register of the company concerned, plus a document defining the name, profession, nationality, and address of its legal representative. Certificates issued by the tax authorities and the CNSS (National Social Security Fund) are also required. Documents proving that the company concerned has the technical references required by the specifications must also be included. The same applies to documents proving the company’s human and financial capacity. A copy of the specifications, including all pages, is also required, as well as a guide to procedures and a sworn statement.
Once the application has been submitted, the department in charge of Energy Transition must give its opinion, based on a site visit to ascertain the applicant’s human and financial capacities. In the event of a positive decision, authorization is granted within 60 days of receipt of the application. When the administration refuses to grant authorization, it must give reasons for its decision. The rejection of the request must also be notified to the applicant.
Mohamed Ali Mrabi