Energy Law at Burkina Faso
Burkina Faso's energy legal framework is designed to ensure efficient, equitable, and sustainable energy access across the country. The primary legislation governing the sector includes:
⚡ Electricity Sector
Law No. 027-2007/AN (20 November 2007): This law establishes the general regulations for the electricity subsector in Burkina Faso. It aims to ensure an efficient and sufficient supply of electricity to promote the socio-economic development of the country, considering the national economic context and environmental protection. The law applies to all activities related to the production, transport, distribution, exploitation, importation, exportation, and sale of electricity, carried out by any individual or legal entity within the national territory.
The law mandates that electricity supply be provided by the state, local communities, or third parties acting on their behalf through contracts with the state or local communities. It also emphasizes the importance of energy conservation and the efficient use of electricity.
🌱 Renewable Energy and Environmental Considerations
Law No. 006-2013/AN (Code de l’Environnement): This comprehensive environmental code comprises 148 articles across five titles, focusing on general provisions, climate change, ecological balance, and the improvement of the living environment. It aims to protect living beings from harmful environmental impacts and improve their living conditions.
The code emphasizes the promotion of a healthy environment as a general interest and an obligation for all individuals and legal entities. It includes measures for waste management, pollution control, and the sustainable use of natural resources.
🏛️ Regulatory Bodies and Institutional Framework
Ministry of Energy, Mines, and Quarries (MEMC): Responsible for formulating and implementing energy policies, including the development of renewable energy sources and the expansion of electricity access.
National Electricity Company of Burkina Faso (SONABEL): The state-owned utility responsible for the generation, transmission, and distribution of electricity
Regulatory Authority for the Electricity Subsector (ARSE): Established by Decree No. 2008-369/PRES/PM/MCE/MEF/MCPEA, ARSE oversees the regulation of the electricity sector, ensuring compliance with laws and regulations, and promoting competition and efficiency.
Rural Electrification Agency (ABER): Focuses on promoting and implementing rural electrification projects to increase electricity access in underserved areas.
💼 Investment and Incentives
Investment Code (2018): The new Investment Code adopted in 2018 includes provisions to encourage investments in clean and renewable energy sectors. It offers incentives such as tax exemptions and reduced investment thresholds to attract both domestic and foreign investments in renewable energy projects.
🔌 Recent Developments
In recent years, Burkina Faso has made significant strides in expanding its renewable energy capacity. Notably, the Kodeni Solar Power Station, a 38 MW photovoltaic solar plant, was commissioned in December 2023. Developed by Africa Ren and funded by European financial institutions, the project aims to enhance the country's electricity supply and reduce dependence on fossil fuels.
Burkina Faso's energy legal framework reflects a commitment to sustainable development, environmental protection, and equitable access to energy. The integration of renewable energy sources and the establishment of supportive policies and regulatory bodies are pivotal in achieving the country's energy goals.
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