Data-center law in Djibouti

Loi n° 51/AN/09/6ème L du 1er juillet 2009 portant Code de l'Environnement, Arts. 52 à 67, 106 à 112

Effective 2009-07-01 · Applies to both

Article 52 subjects to the Code any factory, workshop, depot, quarry, or other industrial, craft, or commercial installation, exploited or held by any natural or legal, public or private person, that presents a danger or inconvenience for health, safety, public cleanliness, agriculture, the natural environment, or neighbourhood amenity. Article 53 divides such installations into two classes by the severity of the danger or nuisance their operation may cause.

Article 55 requires a first-class installation to obtain a prior operating authorisation from the Minister for the Environment before construction or commissioning, and requires the authorisation application to include an environmental-impact study; the authorisation is also conditioned on the installation keeping a minimum 500-metre distance from dwellings, buildings normally occupied by third parties, establishments open to the public, residential zones, a watercourse, a lake, a transport route, or a water-catchment field.

Article 56 requires a second-class installation only to file a prior declaration, which the Minister acknowledges with a receipt. Article 65 has the classified installations inspected by sworn agents the Minister authorises. Article 66 lets the Minister order the closure or elimination of an installation whose operation presents grave dangers or inconveniences that the Code's other measures cannot remove.

Article 106 punishes operating a first-class installation without the required authorisation by a fine of 1,000,000 to 1,500,000 Djiboutian francs, rising on a repeat offence to 2 to 6 months' imprisonment and a fine of 1,500,000 to 3,000,000 francs. Article 107 punishes operating a second-class installation without the required declaration receipt by a fine of 500,000 to 1,000,000 francs, rising on a repeat offence to 1 to 3 months' imprisonment and a fine of 1,000,000 to 1,500,000 francs.

Source: Full text of law

Arrêté n° 2019-025/PR/MERN du 21 janvier 2019 portant fixation des valeurs limites des installations de production d'électricité pris pour l'application des Arts. 34 à 36 de la Loi n° 88/AN/15/7ème L du 1er juillet 2015 portant réglementation des activités des producteurs indépendants d'électricité

Effective 2019-01-21 · Applies to both

Article 1 sets the capacity thresholds for electricity-production installations under Articles 34 to 36 of the Law on independent power producers. Article 2 defines an installation's installed capacity as the sum of the maximum unit outputs of the generating machines capable of operating simultaneously at one site.

Article 3's table sets the declaration, licence, or concession regime for a renewable-energy independent producer by installed capacity: a large producer injecting 2 to 500 MW directly into the grid needs a concession or licence; a large auto-producer using 500 kW to 100 MW chiefly for its own consumption, injecting any surplus to the grid, needs a licence; a small producer injecting 100 kW to 2 MW directly into the grid needs a licence; and a small auto-producer using only 1 kW to 20 kW for its own consumption needs no licence, only a production certificate or authorisation.

The Order does not itself set a threshold for a non-renewable (thermal or diesel) generating installation. The Order entered into force on the date of its signature.

Source: Full text of law