Photovoltaic guide for farmers
The new law to accelerate the penetration of RES Law 3851/2010 gives farmers the opportunity to invest in photovoltaic systems on their property.
The programme stipulates that each farmer is entitled to install a photovoltaic unit of up to 100kW
Farmers who want to participate in the programme must meet the following requirements:
- Privately owned land (more than 4 hectares for installations up to 100kW or less for installations up to 20kW)
- Topographical plan of the field signed by an Engineer
- Evidence of legalisation of the possession of the land
- Certificate from the Rural Development Department of the respective Prefecture regarding the characterization of the area as "Land of High Productivity" (If it is a land of high productivity, request for the permissibility of the installation of a photovoltaic station)
- A certificate from OPEKEPE regarding the qualification of "professional farmer", which is a necessary condition for participation in the programme. (The application is made online, information here)
- Certificate of exemption from EPO to the I.P.E.HΩ.
- Approval of small-scale works
- Application for a connection contract with the PPC
The process step by step
The Ministry of Environment, Energy and Climate Change has defined the procedure to be followed for the installation of photovoltaic systems by farmers.
The priority submission of applications by professional farmers is provided for by Law 3851/2010, according to which they will be able to install RES units, such as photovoltaic systems, wind turbines, biomass, etc. The steps required are as follows:
Step 1
Submission of a request to the Payment and Control Agency for Community Guidance and Guarantee Aids (O.P.E.E.K.E.P.E.) for the issuance of a temporary (exclusively for the year 2010) certificate that the applicant is a professional farmer, in accordance with the procedure and the required supporting documents provided for in the 249448 "Procedures for the designation of professional farmers for the submission of applications for investments in Renewable Energy Sources (RES)" (Government Gazette B 1049) decision of the Minister of Rural Development and Food.
Step 2
Submission of a request to the Directorate of Environment and Spatial Planning (DII.PE.HΩ.) for the granting of a certificate of exemption or not from E.P.O. with required supporting documents:
- Responsible statement of the applicant and the designer, for the exemption from the obligation to issue a decision on the E.P.O., according to the provisions of paragraph 13 of article 8 of Law 3468/2006, as replaced by par. If it is found that the content of the declaration is not true, in addition to the consequences provided for this reason, the penalties provided for by Article 22 of Law 3468/2006, as well as any other penalties provided for in the relevant provisions.
- Technical description of the installation.
- An extract of a 1:5,000 scale G.Y.S. plate with an attached topographical diagram, showing the location of the installation of the relevant equipment with geographical coordinates in the Greek reference system EΓΣA87, which will also show the stations of the same technology, for which a production license or a decision of Environmental Conditions Approval (E.P.O.) or a connection offer has been issued within a radius of 150m. from the corners of the land of the requested station.
Step 3 (progression in parallel with step 2)
Submission of a request file to the Network Operator (competent local department of the Public Electricity Company - D.E.H.) for the issuance of a Connection Offer, based on the relevant application form of D.E.H. and the following documents:
- Request for the issuance of a Connection Offer.
- The aforementioned provisional certificate of the O.P.E.E.K.E.P.E. that the applicant is a professional farmer.
- Technical description of the installation (similar to step 2).
- Extract of the 1:5,000 scale GIS plate with attached topographical diagram (identical to step 2).
- Proof of ownership of the land (a notarial deed of transfer of ownership to the applicant is also acceptable) and, in case of co-ownership, the consent of the co-owners for the use of the land for the installation of a power plant from renewable energy sources.
- Declaration of the applicant and the designer (similar to step 2).
- An exact copy of the proof of submission of the request to the Directorate of Environment and Spatial Planning (DII.PE.HΩ.) for the granting of a certificate of exemption from E.P.O.
It is clarified that, in the case of non-exemption from the obligation to issue an EIA decision, it is sufficient at this stage to submit an exact copy of the forwarding of the Environmental Impact Assessment (EIA) to the competent environmental authority.
Also, in accordance with the provisions of paragraph 6b of article 15 of Law 3851/2010, new applications submitted by professional farmers on their property are examined in priority to other new applications, as defined in paragraph 6 of article 15 of Law 3851/2010./2010, i.e. those for which no request for a production licence or exemption decision had been submitted to the Energy Regulatory Authority (RAE) before the entry into force of Law 3851/2010, until the adoption of the decision of the Minister of Energy, provided for in case b' of paragraph (b), shall be considered in accordance with Article 15(1)(a) of Law 3851/2010. 3 of Article 1 of Law No. 1. 3468/2006 as amended by Article 1 of Law 3851/2010 and after three (3) months from the publication of Law 3851/2010 if the above mentioned decision of the Minister of National Economy has not been issued. After the issuance of the last decision of the Ministry of Economic and Social Affairs, the provisions of the latter shall apply.
The priority of professional farmers in the examination of the submitted requests is enshrined in the PPC protocol number.
For the issuance of a binding connection offer, the submission to PPC of the certificate of exemption from E.P.O. is required, or in case the said certificate is not issued, proof of the expiry of twenty days from the date of submission of the request for the issuance of the certificate (see document no.7) and in case of non-exemption from E.P.O., the submission of the decision of the station's E.P.O.
Step 4
Submission to the Directorate of Rural Development of the relevant Prefectural Authority and in application of Law 3852/2010 "New Architecture of Local Government and Decentralized Administration - Kallikrates Program" (Government Gazette A 87) (effective from 1.1.2011) to a competent department of the Ministry of Rural Development and Food and its Regional Services, as they will be designated in this regard:
(α) a request for the designation of the land on which the station will be installed and, if designated as high productivity land (HPL),
(β) request for the granting of a permit for the permissibility of the installation of a power plant from renewable energy sources on highly productive agricultural land, with supporting documents:
- An application to the Rural Development Directorate of the relevant Prefectural Authority for the designation of the area, in accordance with the provisions of the decision of par. 1 of Article 56 of Law 2637/1998 (Government Gazette A' 200), as replaced by paragraph 1. 37 of Article 24 of Law 2945/2001 (Government Gazette A' 223) of the Ministers of Rural Development and Food (Ministry of Rural Development and Food) and Environment, Energy and Climate Change (Ministry of Environment, Energy and Climate Change) and in the case of classification of the area as a G.Y.P., an application for the granting by the Directorate of Rural Development of the permit for the permissibility of intervention on highly productive agricultural land for the installation of a power plant from RES, in accordance with the provisions of par. 6 of article 56 of Law 2637/1998 (Government Gazette A' 200), as replaced by par. 37 of Article 24 of Law 2945/2001 (Government Gazette A 223) and Para. 7 of Article 9 of Law 3851/2010 (Government Gazette A' 85). It is clarified that, in the case of acquisition of the land classification certificate by the interested party, it is sufficient to submit it to the competent authority.
- Extract of the 1:5,000 scale GIS plate with attached topographical diagram (same as step 2).
- If the property on which the photovoltaic station is to be installed has been classified as high productivity agricultural land, a solemn declaration by the applicant and the designer, stating that the land:
(a) is not located within the administrative boundaries of the prefecture of Attica,
(b) it has not been classified as a rural G.I.P. through an approved General Urban Plan (G.I.P.S.) or Spatial Open City Settlement Plan (S.H.O.O.O.A.P.) of Law 2508/1997 (Government Gazette A 124), or a Residential Control Zone Plan (Z.O.E.) of Article 29 of Law 1337/1983 (Government Gazette A 33) or, if this is the case, that the above plans allow the installation.
If it is established that the content of the solemn declaration is not true, in addition to the foreseen consequences for this reason, any other sanctions provided for in relevant provisions are imposed.
Step 5
Request to the competent Planning Department for approval of small-scale building works with required documents:
- Request for issuance of a Small Scale Building Work Permit.
- Technical description of the installation (same as step 2).
- Extract of the 1:5,000 scale GIS plate with attached topographical diagram (same as step 2).
- A declaration by the applicant and the designer, stating that the station is not located in a forest or woodland, in a stream, on the seashore or beach, in a designated archaeological site or in an area of absolute protection of nature. If it is established that the content of the declaration is not true, in addition to the consequences provided for on this ground, any other penalties provided for in the relevant provisions shall be imposed.
- Proof of deposit of the above affidavit and the above extract of the GIS plate scale 1: 5.000 with the attached topographical diagram, at the relevant forestry office or other competent service, as well as at the independent service of the Ministry of Agriculture, Forestry and Environment.
- Approval of the Architectural Control Committee (ARC), if requested by the Planning Authority, in accordance with the applicable provisions.
- Confirmation that the area is or is not classified as a G.I.P. (from step 4).
- Permission for the permissibility of the installation of a RES power plant on high productivity agricultural land from the relevant Rural Development Directorate (from step 4).
Vima 6th
Request for a Connection Contract to the Network Operator (DNO), which requires the payment of a letter of guarantee, as defined by a decision of the Ministry of Public Works, with the required documents defined by the DNO.
Step 7
Request for a Purchase and Sale Agreement to the TSO or the Non-interconnected Islands Operator with the required documents specified by the TSO or the Non-interconnected Islands Operator.