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Energy & Climate Change

Legal and tax support with the development of your energy projects in Morocco

A favourable and attractive market 

Solar, wind and hydro power – renewable energies, in general are growing rapidly in Morocco, supported by an ambitious investment programme and promoted by a proactive policy iplemented to reduce the country’s dependence on fossil fuels and on other countries. The government will invest €40 billion by 2030 to achieve a clear objective: by that date, 52% of the Moroccan energy will be produced from renewable resources. Numerous projects are under way to achieve this ambition and this dynamic market is attracting a large number of operators. The recent discovery of major gas reserves has also created promising opportunities.  

Although the outlook is promising, the legal, fiscal and regulatory framework related to energy projects – systematically involving the Moroccan state – remains complex. Expert support is therefore required at every stage of your projects. 

Legal advisors with expertise in the energy sector 

What projects are achievable? What procedures need to be followed? What tax and customs advantages can you benefit from? What is the safest and most advantageous way to proceed? These are the vital questions to which our legal advisors can provide strategic answers. With a detailed understanding of the legal, regulatory and tax framework in place – including the Mining Code adopted in 2015 – and significant practical experience, our experts work alongside you, whatever your project and the specific skills that are required:

  • Assistance in negotiating and setting up your recognition and association contracts with the National Office of Hydrocarbons and Mines (ONHYM), 
  • Advice and assistance in the application of legislation and regulations (and monitoring changes to them), 
  • Contribution to feasibility studies and assistance with projects of all sizes (mergers, acquisitions, traditional or innovative partnerships, construction of conventional or renewable production units), 
  • Advice and assistance on national and international mergers, anti-trust law and government subsidies, 
  • Support in negotiations between licensing authorities and licence-holders (production and distribution) as well as between regulated operators and companies using infrastructures open to third parties, 
  • Legal assistance to start-ups and innovative initiatives related to normative changes, technological changes and environmental issues, 
  • Assistance with plans to change legal form in the public sector and application of privatisation laws, 
  • Optimisation of tax and employment arrangements, 
  • Support with litigation, negotiations and dispute settlement.Saut de page 

Comprehensive long-term support 

To support you as efficiently as possible with the development of these inherently complex projects, we set up a local or international multi-disciplinary team tailored to your case, drawing on our legal advisors specialising in the sector and combining all the relevant skills in public law, taxation, environmental law, competition law, business law, real-estate and construction law and employment law.  

This unique approach allows us to advise you from a global perspective, ensuring a wealth of viewpoints and a highly strategic overview. It also guarantees long-term support to promote and encourage the success of your projects. 

Awards & Rank­ings

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04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
21/04/2022
En­ergy: Con­sequences of not ex­er­cising an op­tion
In Thurcroft Power Lim­ited v. Volta En­ergy Group Lim­ited [2022] EWHC 338 (Comm), the Com­mer­cial Court de­cided that an op­tion agree­ment con­cern­ing the early stages of a bat­tery stor­age de­vel­op­ment did...
16/12/2021
Car­bon mar­kets and COP26
After six years of ne­go­ti­ation, COP26 re­solved one of the out­stand­ing is­sues of the Par­is Rule­book when it reached a con­sensus on a glob­al car­bon mar­ket mech­an­ism. Art­icle 6 of the Par­is Agree­ment set...
15/12/2021
A role for coal?
The Glas­gow Cli­mate Pact is the first COP de­cision to men­tion coal. This has been widely viewed as a real achieve­ment. Even cam­paign­ers who slam the word­ing of the Pact tend to see the in­clu­sion of coal...
14/12/2021
Fin­an­cing COP 26 out­comes
It was a wa­ter­shed mo­ment, ac­cord­ing to Mark Car­ney. The UN Spe­cial En­voy for Cli­mate Ac­tion and Fin­ance was in­tro­du­cing the Glas­gow Fin­an­cial Al­li­ance for Net Zero (Gfanz): over 450 banks, as­set man­agers...
13/12/2021
Green­house gas re­movals: new tech­no­lo­gies and new mar­kets
“Keep 1.5 de­grees alive” was a com­mon slo­gan at COP26. The Glas­gow Cli­mate Pact which con­cluded the con­fer­ence re­af­firmed the goal, set in the Par­is Agree­ment, to “pur­sue ef­forts to lim­it the tem­per­at­ure...
02/11/2021
The ce­re­mo­ni­al open­ing of COP 26
Sunday morn­ing saw the open­ing of COP26 in Glas­gow. For the next two weeks, glob­al heads of state, cli­mate ex­perts, and civil so­ci­ety will par­ti­cip­ate in a series of talks, ne­go­ti­ations, and events, all...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
23/04/2021
The Road to COP26: Our 101 on COP26
COP26 is sched­uled to take place from Monday 1st Novem­ber – Fri­day 12th Novem­ber 2021 in Glas­gow. It was ori­gin­ally in­ten­ded to take place last Novem­ber but was post­poned due to COV­ID-19.  It brings...
26/03/2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...