The Competition Council criticizes the obsolescence of the law that frames the import, storage and distribution of fuels

A report by the Competition Council revealed that although gasoline and gasoline sales prices were subject to total liberalization at the end of 2015, the import, storage and distribution markets for these products continue to be framed by an obsolete legal and regulatory system, especially with regard to accessing them through the system of licenses and licenses, as well as monitoring and follow-up by the Ministerial Sector in charge of energy.

A Council report issued today on the significant rise in the prices of raw materials and raw materials in the global market, and its repercussions on the competitive functioning of national markets, explained the state of hydrocarbons (gasoline and naphtha), which The market is framed by mandatory regulatory requirements despite the liberalization of gasoline and naphtha sales prices in the domestic market.

The report pointed out that the Dahir as Law No. 1.72.255 of February 22, 1973, related to the import, export, refining of hydrocarbons, and guaranteeing their refining, packaging, conservation and distribution, is the main legal text that frames these markets. , and is still valid to this day. Thus, it is related to markets regulated by a very old legal and regulatory framework, which has become obsolete, and does not take into account the great changes that this market has experienced at a national and international level.

Despite the change in the legal framework in 2015, through the issuance of a new law No. 67.15, it has not yet entered into force after seven years of its issuance, due to the absence of relevant implementation texts.

The current regulatory requirements continue to pose competitive problems, since the conditions of access to the import market or the granting of import licenses continue to be subject to the discretion of the administration, which poses competitive problems.

In addition, the number of service stations needed to start distribution activity remains high and restricted, but the ministerial sector in charge of energy has recently worked to reduce these restrictions, since it required newcomers to have only 10 stations on a regular basis. temporary. However, the beneficiaries of this mitigation must meet the criterion of having 30 stations within two years of the granting of the provisional license.