SEF: At the State Council to suspend photovoltaic licensing

At the Council of State, the Association of Photovoltaic Companies resorted to the issue of suspending photovoltaic licensing decided by the Ministry of Environment and Waters at the beginning of August.

Specifically, the Association of Photovoltaic Companies filed a petition for cancellation before the CoE against the latter. YAPE / Φ1 / 2300 / house. Decision No 16932 / 9-8-2012 of the Deputy Minister of Environment, Energy and Climate Change on the suspension of the authorization procedure and the granting of connection offers for photovoltaic stations, due to the objectives set by the decision ΑΥ / Φ1 / οικ. 19598 / 01.10.2010 of the Minister of Peace “(Government Gazette B, 2317 / 10-8-2012). This decision suspends the submission of new requests and the examination of pending photovoltaic requests (with the exception of households and fast track procedures), arguing that there are already many mature projects, the implementation of which will lead to the achievement of the objectives for 2020.

According to the cancellation request, the contested act suspending the licensing procedure for photovoltaic power plants is void because it has, inter alia, been adopted in breach of the constitutional definitions in Article 43 (2) of the Constitution. It is also cancellable because, while in a few months (in accordance with the schedules of Law 3851/2010) the examination of the revision of the proportion of installed capacity was in August, the contested act of suspension was adopted.

Finally, the contested act of suspension (which also covers outstanding applications but at the same time exempts fast track works) is contrary to a number of constitutional provisions and principles, such as economic freedom (Article 5 (1) of the Constitution), environmental protection (Article 24 of the Constitution ), equality (Article 4 (1) of the Constitution) and the protected confidence of the administrator.

This initiative of the Association of Photovoltaic Companies aims to protect the market from the decline that will inevitably be driven by the suspension of the license. The suspension only favors licensing, enriches some of the perpetrators by unduly raising investment costs while leaving untouched the few investors who favored the fast track as opposed to thousands of small and medium-sized investors affected and discourages any foreign investor who would like to invest in the country.

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