Ali Zuweid's Political Programme
Proposed bill · Energy, Infrastructure, Water, Environment and Urban Development
Electricity Market Regulation and Power Sector Restructuring Law
Executive Summary
This bill addresses Iraq's structural electricity problems legislatively: one ministry makes policy, undertakes much regulation and simultaneously owns generation, transmission and distribution companies. The sector needs clear separation between policymaker, market regulator and consumer protector, network operator, and electricity producers and sellers. The bill does not propose automatic privatisation. It establishes independent regulation, unifies federal transmission operation, requires accounting and functional separation, and prepares public companies to operate on measurable performance and cost rules.
The market moves gradually from a regulated model close to present conditions towards wider competition once metering, settlement, collection and network capability are ready. The bill prohibits a merely formal transition to a ‘free market’ without prerequisites. Early priorities remain unified data, reduced losses, modern metering, improved collection and service quality, a neutral transmission operator and an independent regulator. Later, large consumers may contract directly, while storage, demand management and new sources participate in system services.
The bill establishes gradual tariffs and financial sustainability: no broad household increases before improved metering, collection and service and clear vulnerable-consumer protection, moving from invisible general subsidies to transparent targeted support. It requires government bodies to pay, regulates consumer rights, bills, objections and compensation, and establishes interconnection, investment, contract, transparency, beneficial ownership, cybersecurity and emergency rules.
Legal and Sectoral Context
Ministry of Electricity Law No. (53) of 2017 regulates the Ministry and its units, assigning policy and strategy, public-system operation, investment and partnership regulation and public and private sector rules, with multiple generation, transmission and distribution companies attached. It envisaged restructuring and gradual decentralised management, but the legislation remained ministry-centred and created no independent economic electricity market regulator.
In 2026 the Council of Representatives' Electricity and Energy Committee continued discussing the Ministry Law's first amendment alongside renewable energy legislation. This bill goes beyond limited organisational amendment by addressing market structure, regulation, operations, tariffs, grid access and consumer protection as one system. It is therefore a stand-alone sector law requiring subsequent amendment of the Ministry Law to remove conflicts.
Recent performance data show a large demand–available capacity gap, high losses and weak cost recovery. Official Iraqi data in March 2026 indicated total summer demand around 55 thousand megawatts against planned generation of approximately 29–30 thousand megawatts, with further downside risk from gas supply disruption. In June 2026 the Ministry reported actual generation around 22 thousand megawatts. Interconnections with Jordan, Türkiye and Gulf Cooperation Council countries are expanding, increasing the importance of transparent operating and cross-border trading rules.
Proposed Legislative Policy
| Function | Target arrangement | Legal safeguard |
|---|---|---|
| Policy and planning | Ministry of Electricity | No interference in licensing, tariffs or daily operations |
| Economic regulation and consumer protection | Independent regulatory authority | Professional board, public consultation, reasoned decisions and judicial appeal |
| Transmission and system operation | Unified, neutral federal transmission operator | Non-discriminatory access, grid code and separation from generation and supply interests |
| Generation | Public and private companies gradually competing | Licensing, cost measurement and competitive new contracts |
| Distribution | Performance-based regulated geographical monopoly | Regulated tariffs, loss and quality targets and independent oversight |
| Supply | Initially regulated, progressively open to competition | Universal service and consumer protection before market opening |
Competition is not an end in itself. Transmission and distribution remain regulated natural monopolies; generation and supply open where competition can reduce costs and improve choice. Reform starts with separate accounts and data and access and tariff rules. Wider liberalisation follows only if indicators demonstrate readiness.
Text of the Bill
Proposed enactment formula: In the name of the people, Presidency of the Republic, on the basis of what the Council of Representatives has approved and the President has ratified pursuant to the Constitution, the following law is enacted:
Chapter One — General Provisions and Definitions
Article 1 — Title
This Law is called the ‘Electricity Market Regulation and Power Sector Restructuring Law’, referred to herein as ‘the Law’.
Article 2 — Objectives
This Law establishes an integrated electricity framework based on supply security, economic efficiency, transparency, consumer protection, investment and regulated competition, while subjecting natural monopoly networks to strict, non-discriminatory regulation.
It specifically separates policymaking from regulation, oversight and commercial operation; prepares public companies for clear accounting and performance rules; reduces technical and commercial losses; improves metering and collection; strengthens network reliability; and facilitates new generation, storage and demand management.
Article 3 — Governing principles
Electricity activities shall follow service continuity, capacity adequacy, safety, efficiency, non-discrimination, technology neutrality, cost and tariff transparency, fair network access, vulnerable-group protection, environmental responsibility, financial sustainability and competition where economically feasible.
Financial sustainability shall not cause essential service disconnection for social-protection households without alternatives and safeguards specified by this Law and its regulations.
Article 4 — Scope
This Law applies to federal bodies, public, private and mixed companies and persons generating, transmitting, distributing, supplying, trading or storing electricity or providing balancing and ancillary services in the federal market.
Federal network, inter-governorate and inter-regional trade, import, export and international interconnection provisions apply to activities connected to the federal system, respecting regional and governorate constitutional powers without diminishing them except as the Constitution and applicable federal laws allow.
Article 5 — Definitions
For this Law, the following expressions have these meanings. Ministry: the federal Ministry of Electricity. Authority: the Federal Electricity Market Regulatory Authority established by this Law. Market: regulated arrangements for purchasing, selling and exchanging electricity, capacity and ancillary services. Transmission system operator: the company or body licensed to manage the federal transmission network and operate the system. Market operator: the body responsible for settlement, registration and market mechanisms under approved rules. Distribution company: a person licensed to operate a distribution network in a specified area. Supplier: a person licensed to sell electricity to final consumers. Eligible consumer: one permitted to choose a supplier at the relevant market-opening stage. Vulnerable consumer: one entitled to special protection because of income, social or health circumstances under published criteria. Regulated tariff: Authority-approved transmission, distribution or regulated-supply charges. Grid code: binding technical and operational rules for connection, operation, protection and quality. Losses: the difference between electricity entering the network and electricity measured and sold, including technical and commercial losses separated under an approved methodology.
Article 6 — Electricity as an economic public utility
Electricity is an essential public utility of an economic nature. The state shall ensure continuity and equitable availability within available resources, without precluding private or mixed-sector participation in activities permitted by this Law.
Article 7 — Relationship with renewable energy law
Renewable energy, distributed generation and storage projects follow this Law and market rules for grid access, metering, settlement and regulated tariffs. Specific renewable incentives, allocations and mechanisms are governed by their own law consistently with this Law.
Article 8 — Unregulated monopoly prohibited
Exclusive generation, supply or trading concessions require demonstrated supply-security necessity, a reasoned Authority decision and a limited duration. This excludes transmission and distribution networks as regulated natural monopolies.
Chapter Two — Federal Electricity Market Regulatory Authority
Article 9 — Establishment
A public body named the ‘Federal Electricity Market Regulatory Authority’ is established with legal personality and financial and administrative independence, attached to the Council of Ministers, headquartered in Baghdad and permitted regional offices as needed.
Article 10 — Independence
The Authority shall exercise professional and regulatory independence. Neither the Ministry nor operators, generators, distributors or suppliers may direct its licensing, tariff, access or regulatory dispute decisions.
It shall observe Council of Ministers energy policy unless inconsistent with its statutory powers or competition, non-discrimination and consumer protection principles.
Article 11 — Board
A five-member full-time board, including chair and deputy, shall comprise electricity, economics, law, accounting or utility-regulation experts appointed by presidential decree on Council of Ministers nomination and Council of Representatives approval for five years, renewable once.
Appointments shall reflect independence and competence and exclude concurrent executive party office or direct financial interests in electricity.
Article 12 — Conflicts of interest
The chair, members and senior staff shall file statutory interest and asset declarations and shall hold no material benefit or accept gifts or services from regulated entities.
For two years after service, board members shall not take paid executive or advisory posts with entities they directly regulated. Regulations may define academic or general professional work exceptions.
Article 13 — Powers
The Authority shall grant, renew, suspend and revoke licences; approve market rules and grid, distribution and metering codes; adopt regulated tariff methods; monitor service quality; ensure non-discriminatory network access; protect consumers; resolve regulatory disputes; monitor licensees; and publish sector data and indicators.
It may lawfully request information and documents, conduct technical and financial inspections, engage independent experts and require time-bound corrective plans.
Article 14 — Market rules and codes
After public consultation, the Authority shall issue electricity market rules, transmission, distribution, metering and connection codes, service quality standards and consumer procedures, publishing current versions electronically with clear amendment histories and commencement dates.
Article 15 — Transparency and participation
Generally consequential draft regulatory decisions shall be published for at least thirty days of comments unless a reasoned emergency exists. Final decisions shall summarise material comments and acceptance or rejection reasons without disclosing legitimate trade secrets.
Article 16 — Funding
The Authority shall receive federal appropriations and licensing and regulatory service fees within statutory and regulatory limits, returning surpluses to the treasury. Its income shall not be linked to regulated entities' profits or sales in ways impairing neutrality.
Article 17 — Reporting and oversight
Annual reports to the Council of Ministers and Council of Representatives shall cover market conditions, supply, reliability, losses, collection, quality, tariffs, investment, complaints, competition and licensee obligations. Accounts are subject to Federal Board of Supreme Audit examination.
Chapter Three — National Policy and Institutional Planning
Article 18 — Ministry responsibilities after restructuring
The Ministry shall make national electricity policy and long-term strategy, conduct indicative capacity and network planning, coordinate fuel, water, land, environment and regional interconnection with Oil and other bodies, monitor energy security and represent Iraq in international technical cooperation.
After transition, it shall not exercise Authority-assigned regulatory functions or interfere in daily transmission operation or Authority tariff, licence and access decisions.
Article 19 — National capacity and network adequacy plan
Every two years, the Ministry, operator and Authority shall prepare a plan spanning at least ten years, covering demand forecasts, available, retiring and contracted capacity, fuel needs, transmission congestion, reserves, regional links and climate and technical security risks.
A non-confidential version shall guide investment mechanisms, tenders and long-term purchase contracts, without itself licensing or financially guaranteeing projects.
Article 20 — Supply security standard
On the operator's technical proposal and Ministry policy approval, the Authority shall adopt capacity adequacy, operating reserve and acceptable outage standards, periodically updated for demand growth and generation mix changes.
Article 21 — Fuel-sector coordination
Electricity, Oil and the operator shall maintain coordination on fuel demand, gas and alternative fuel availability and maintenance. Delivered fuel, conversion efficiency and output shall be measured through auditable systems.
Article 22 — Priority for existing asset improvement
Before contracting new generation, public bodies shall evaluate rehabilitation, combined-cycle conversion, congestion and loss reduction, demand management and transmission and distribution upgrades where these are cheaper and improve supply security faster.
Article 23 — Sector databases
Within their remits, the Ministry, Authority and operator shall establish unified exchange of capacity, generation, loads, fuel, failures, losses, sales, collection and investment data, defining governance, accuracy and publication frequency for a single comparable national baseline.
Article 24 — Governorate and regional planning
Network and investment plans shall consider governorate and regional needs under published priorities reflecting population density, demand growth, reliability, deprivation, losses and technical feasibility. Electricity and investment shall not be allocated on political or undisclosed grounds.
Article 25 — Investment decision responsibility
Major projects shall enter the national plan only with preliminary technical and economic studies covering need, fuel where relevant, connection, lifecycle costs, tariff or budget effects and implementation and contractual risks.
Chapter Four — Company Restructuring and Unbundling
Article 26 — Functional and accounting separation
Generation, transmission, system operation, distribution and supply shall be administratively and financially separated, with no opaque cross-subsidies. Each activity requires separate audited statements even under temporarily unified public ownership.
Article 27 — Federal transmission company
Existing public transmission companies shall be reorganised into one federal public company, the ‘Iraqi Electricity Transmission Company’, owning, operating and developing the federal grid and operating the system. The Council of Ministers may adopt another legal form achieving equivalent operational unity and functional independence.
Merger or reorganisation shall finish within twenty-four months of entry into force, preserving workers' rights, contracts, assets and liabilities.
Article 28 — Independent system operation
National control and system operation shall be functionally independent of generation and supply interests. Dispatch or disconnection orders shall not favour particular generators or suppliers outside approved grid-code and market security and economic criteria.
Article 29 — Public generation companies
Public generators shall remain state-owned commercial operating companies, keeping separate plant or plant-group accounts, measuring fuel and maintenance costs, efficiency and availability, and participating under non-discriminatory market or contract rules.
After professional assessment, the Council of Ministers may merge, divide or restructure generators without creating monopolies harmful to competition or supply security.
Article 30 — Public distribution companies
Public distributors shall remain in licensed areas under regulated tariffs and binding performance indicators. Geographical or functional reorganisation may improve efficiency and accountability, separating networks from consumer supply when the Authority moves to competitive supply.
Article 31 — Public network ownership
This Law does not automatically privatise public transmission or distribution assets. Ownership transfers, long-term concessions or partnerships affecting strategic assets require lawful competent approval and valuation, feasibility and public-interest assessment.
Article 32 — Partnerships and operating concessions
Distributors may contract private management of defined areas or services, including meters, collection, maintenance and upgrades, provided Authority service, tariff and consumer rules apply and contracts use measurable performance beyond collection alone.
Article 33 — Human resources
The Ministry and companies shall plan workforce transition through job and skill inventories, retraining, voluntary or functional transfers and surplus-staff measures without arbitrary mass dismissal, prioritising market operation, metering, control, digitisation and advanced maintenance capabilities.
Article 34 — Corporate board governance
Public companies shall have technically and financially experienced boards, published performance indicators, audit and risk committees and clear separation of state ownership from daily management, consistently with public company and applicable laws.
Article 35 — No discrimination within public groups
Network controllers shall not favour affiliated generators or suppliers in connection, data, settlement, maintenance timing or access terms. Violations are serious for regulatory sanctions.
Chapter Five — Licensing and Market Opening
Article 36 — Licensed activities
Commercial generation, transmission, distribution, supply, market operation, commercially significant storage and regulated balancing require Authority licences. Small self-generation without grid injection and regulatory exemptions remain subject to safety and registration where needed.
Article 37 — Licence conditions
Licences shall specify activity, duration, service area where relevant, safety, solvency, technical competence, disclosure, data protection, quality, metering, reporting and connection. Discriminatory terms or restrictions lacking technical or regulatory necessity are prohibited.
Article 38 — Licensing procedures
The Authority shall publish procedures and decision deadlines. Refusals must be reasoned and appealable. Investment permits do not replace sector licences, connection approval or required environmental and security approvals.
Article 39 — Transitional licences
Existing public companies shall receive transitional licences for no more than three years from entry into force, during which accounting separation, data quality and performance plans must be met. Historical operation gives no regulatory exemption.
Article 40 — Market-opening stages
The Council of Ministers shall determine stage transitions on joint Ministry and Authority recommendation after verifying metering, settlement, grid, collection and consumer protection readiness. Time elapsed alone cannot justify competition without technical and financial prerequisites.
The first stage uses regulated central purchasing, bilateral contracts and generation competition, followed by direct contracting for eligible large consumers. Day-ahead or wider balancing markets may follow once liquidity, metering and stability conditions are met.
Article 41 — Consumer eligibility
The Authority shall specify consumption, voltage or category thresholds for eligibility at each stage, guaranteeing supplier choice while consumers retain network charges, taxes and statutory fee obligations.
Article 42 — Transitional central purchaser
Central purchasing may continue initially, subjecting purchases and new contracts to transparent competition, planning and cost rules and separating procurement accounts from transmission, distribution and final supply.
Article 43 — Power purchase agreements
The Authority and Ministry shall adopt basic long-term agreement templates addressing metering, availability, delivery, fuel, force majeure, legal changes, termination and disputes. Sovereign guarantees or unconditional payment obligations require budget and financial management law compliance and competent approval.
Article 44 — Spot and balancing markets
The Authority may progressively establish balancing and short-term energy markets after time-based metering, settlement, reliable operational data and anti-manipulation and capacity-withholding rules are in place.
Article 45 — Competition monitoring
With the Competition and Anti-Monopoly Council, the Authority shall monitor concentration, market power and manipulation. It may temporarily impose bidding limits, additional disclosure or capacity availability duties on dominant entities until lawful remedies address the problem.
Chapter Six — Transmission, System and Market Operation
Article 46 — Transmission operator duties
The operator shall run the national grid safely, economically and neutrally; manage frequency, voltage and reserves; schedule units and congestion; coordinate regional and international operators; plan grid development; and execute emergency, dispatch and disconnection orders under approved rules.
Article 47 — Open transmission access
The operator shall ensure transparent, non-discriminatory licensed access at approved charges. Refusal requires specified written technical or security grounds, identifying remedial works, costs and funding responsibility.
Article 48 — Grid code
The grid code shall cover connection, protection, power quality, frequency and voltage, load and generation forecasts, reserves, compliance testing, emergencies, maintenance restrictions, data exchange and restoration after partial or total collapse.
Article 49 — Economic dispatch
Generation schedules shall follow disclosed variable costs or applicable market bids, considering security, network constraints, fuel and technical commitments. Unjustified commercial preference for public over private entities, or vice versa, is prohibited.
Article 50 — Balancing and reserves
The operator shall competitively procure reserve, balancing, fast-response and ancillary services from qualified entities where possible. Eligible storage, demand management and distributed generation may participate under grid and market rules.
Article 51 — Transmission development plan
Every two years, the operator shall prepare a ten-year plan covering congestion, 400 and 132 kilovolt or equivalent projects, substations, control, protection, communications and new connections. The Authority shall approve regulated needs after Ministry, governorate and generator consultation.
Article 52 — Critical assets and physical security
With security bodies, the operator shall classify critical facilities and adopt protection, continuity, alternative operation and appropriate strategic transformer and equipment stocks based on risk, withholding details threatening national security.
Article 53 — Market operator
The Authority shall designate market and settlement operation. During transition, this may be an accounting- and functionally independent transmission-company unit, legally separated if assessment reveals conflicts or market maturity requires greater independence.
Article 54 — Registration and settlement
The market operator shall register participants, metering points, contracts, schedules, imbalances and settlements. Settlement shall use approved meters and published rules; proportionate financial guarantees may reduce non-payment risk.
Article 55 — International interconnection
Neighbouring-country interconnection capacity shall follow effective agreements and transparent technical and commercial rules. Imports and exports require security, cost and risk assessment; imports shall not permanently replace domestic structural reform.
The operator shall not assume international commitments requiring sovereign guarantees or public financial obligations beyond its powers. Constitutional and statutory treaty procedures shall apply.
Chapter Seven — Distribution, Supply and Metering
Article 56 — Distributor obligations
Distributors shall operate, maintain and develop networks, connect eligible consumers and producers, meter energy, respond to failures, reduce technical and commercial losses and implement safety, quality and approved investment plans.
Article 57 — Loss reduction plans
Each distributor shall submit annual and three-year plans separating technical and commercial losses under one method, specifying baselines, targets, investment and actions. Part of regulated revenue and incentives or penalties shall depend on realistic targets.
Article 58 — Informal and unauthorised settlements
Existing neighbourhoods shall not be denied regular electricity solely because of urban planning status where service is legally and technically possible. Distributors and local bodies shall provide safe temporary or permanent connections and metering, without conferring land title or recognising lawful occupation.
Article 59 — Meters
Every billed or settled consumption or injection point requires an approved verifiable meter. The Authority shall schedule smart or prepaid metering where clearly feasible, prioritising high-loss areas, large loads and government, commercial and industrial customers.
Article 60 — Meter ownership and access
The Authority shall regulate ownership, installation, maintenance and replacement costs. Distributors may reasonably access meters after appropriate notice except danger or suspected tampering. Refusal of staff entry alone shall not justify disconnection where technical reading alternatives exist and safety does not require entry.
Article 61 — Accuracy and objections
Consumers may request testing and dispute readings or estimates. Regulations shall govern recalculation, refunds and instalments. Repeated long-term estimation is prohibited where suppliers or distributors caused non-reading.
Article 62 — Supply
Supply shall require separate licensing once distribution and supply are unbundled. Until then, distributors or separately accounted supply units shall perform regulated supplier duties at Authority-approved tariffs and conditions.
Article 63 — Universal service supplier
The Authority shall appoint one or more universal suppliers per area to maintain supply to households, non-eligible consumers and those losing commercial suppliers, compensating efficient costs without unjustified monopoly profits.
Article 64 — Government consumers
Government bodies shall be metered, billed and pay like other consumers; arrears are their financial obligations. Special arrangements may protect sovereign facilities, hospitals, water stations and critical services from sudden disconnection, while debts remain budget-settlement obligations.
Article 65 — Demand management
Large consumers and load aggregators may join compensated load reduction or shifting programmes where cheaper than reserve generation or compulsory curtailment. No consumer shall be compelled into a remunerated programme without a clear contract.
Chapter Eight — Tariffs, Subsidies and Financial Sustainability
Article 66 — Tariff authority
The Authority shall approve transmission, distribution, regulated supply, connection and ancillary tariff methods. Tariffs require published decisions identifying cost components, assumptions, application periods and review mechanisms.
Article 67 — Tariff principles
Regulated tariffs shall reflect efficient service costs, supply quality, voltage, consumption patterns, standard losses, necessary investment and reasonable capital returns where appropriate. Consumers shall not bear proven inefficient waste, corruption or unnecessary investment.
Article 68 — Gradual cost recovery
The Authority and Electricity and Finance ministries shall establish a multiyear cost-revenue gap reduction programme after metering, collection and supply improve. Broad household increases require published social impact assessment and vulnerable-group protection.
Transition may differ by consumer group for equity, affordability and industrial competitiveness, but differences must be published, justified and not become permanent unfunded exemptions.
Article 69 — Social subsidies
Support shall gradually move from unspecified per-unit subsidy to transparent targeting of vulnerable consumers or basic consumption bands using social protection and other official eligibility databases, accounting for large households and electricity-dependent medical needs.
Article 70 — Subsidy transparency
Electricity subsidies shall appear separately where possible in budgets and final accounts. Finance shall annually disclose estimated direct and indirect support and government obligations, including fuel priced below economic cost.
Article 71 — Consumption bands
Progressive household tariffs may protect basic consumption and discourage excess, using current actual data and not penalising shared or inaccurate meters before metering is corrected.
Article 72 — Time-based tariffs
Peak-time or seasonal tariffs may apply to technically responsive consumers after suitable metering and clear information. Initial household participation shall be optional unless maturity and protection are demonstrated.
Article 73 — Connection and service charges
Connection, reconnection, meter testing and other charges shall reflect reasonable standard costs and appear in a unified schedule. Unpublished charges or charges without an effective decision are prohibited.
Article 74 — Debts and arrears
The Authority shall establish common historical debt rules including instalments, payment incentives and dispute resolution. Selective commercial or government debt cancellation requires legal authority and a clear financial decision.
Article 75 — Regulatory incentives
Performance regulation may reward transmission or distribution loss reduction, continuity and collection targets and reduce allowed revenue or impose penalties for management failures, excluding force majeure or supply shortages beyond company control.
Chapter Nine — Consumer Rights and Service Quality
Article 76 — Basic rights
Consumers have rights to safe, reliable service under published standards, clear contracts or conditions, understandable bills and tariffs, data protection, metering and bill objections, programmed outage reasons where possible, complaints and timely answers.
Article 77 — Quality standards
The Authority shall set mandatory outage duration and frequency, repair, connection, complaint, billing accuracy and voltage indicators. Each distributor shall have staged improvement reflecting network conditions without perpetually excusing poor performance.
Article 78 — Service failure compensation
The Authority shall provide automatic or requested compensation for exceeding connection, restoration, billing or complaint standards, excluding force majeure or declared emergency orders unless proven preparedness or maintenance failures caused the breach.
Article 79 — Non-payment disconnection
Disconnection requires clear notice, adequate time and payment or instalment options where permitted, with additional vulnerable and critical-medical protection. This does not extinguish debt or deliberate tampering enforcement.
Article 80 — Planned outages and shortage management
During shortages, distributors and the operator shall use fair, published curtailment schedules, protecting critical loads where possible. Undisclosed permanent commercial or political exemptions are prohibited.
Article 81 — Complaints
Each supplier and distributor shall maintain a unified complaint channel and tracking number, responding within Authority deadlines. Consumers may escalate when deadlines pass or solutions are unsatisfactory.
Article 82 — Out-of-court settlement
The Authority shall establish independent, simplified settlement for low-value billing, connection, quality and meter disputes, with decisions appealable to competent courts.
Article 83 — Vulnerable consumers
With Labour and Social Affairs and Health, the Authority shall define updatable eligibility-based vulnerability and protection criteria, not geographical or employment affiliation.
Article 84 — Awareness and efficiency
Suppliers and distributors shall regularly inform consumers about usage, tariffs, conservation and safety. Bills or applications may include historical usage comparisons while protecting privacy.
Chapter Ten — Investment, Contracts and New Connections
Article 85 — Competitive new capacity
New generation or service needs shall be openly competed where market conditions permit. Tender documents must clearly identify connection points, government fuel sources where relevant, qualification, currency and payment risks and guarantees.
Article 86 — Exceptional direct contracting
Major direct generation contracts require emergencies, proven technical or security reasons, or failed genuine competition. Exception reasons and main financial obligations shall be published after signature subject to legitimate commercial and security confidentiality.
Article 87 — State guarantees
Sovereign or government payment guarantees require financial-law compliance and assessment of risk, contingent obligations and public debt effects, with registration and disclosure in official financial documents.
Article 88 — Land and rights of way
Applicable expropriation, rights-of-way and compensation laws govern grid projects. Harm shall be minimised and least-impact routes chosen where technically and economically reasonable. Permanent rights over others' property require legal basis and fair compensation.
Article 89 — New-project connection
Operators shall provide connection studies within standard Authority periods, identifying works, costs, responsibilities and timing. Shared or publicly beneficial expansion costs shall be fairly allocated without unjustifiably charging the first applicant the entire common investment.
Article 90 — Uncompleted projects
Reserved connection capacity or priority may be withdrawn when objective milestones are missed without acceptable excuse, preventing capacity and site hoarding at ready projects' expense.
Article 91 — Local content and knowledge transfer
Tenders may include proportionate local content, training, maintenance and knowledge transfer criteria without unjustified cost increases or competitive exclusion, separately from essential safety and technical qualification.
Article 92 — Existing contracts
Pre-existing generation, transmission and distribution contracts remain valid on their terms. From entry into force, safety, metering, data and non-discriminatory access apply insofar as not unlawfully impairing acquired rights. Conflicting terms shall change by agreement or contractual and legal mechanisms.
Chapter Eleven — Integrity, Data, Cybersecurity and Emergencies
Article 93 — Disclosure of regulated contracts
Public bodies and the Authority shall publish key power purchase, concession and operating contracts imposing state or tariff obligations, including counterparties, duration, capacity, price or methodology and material guarantees. Specified trade secrets may be withheld, but secrecy shall not conceal public financial obligations.
Article 94 — Beneficial ownership
Licences and major contracts require ultimate beneficial ownership disclosure to the Authority and competent bodies under company, anti-money-laundering and applicable laws. False information may justify suspension or revocation after defence rights are ensured.
Article 95 — Open operational data
The operator shall periodically publish aggregate loads, generation, availability, constraints, interconnections and major failures. Distributors shall publish service-area loss, collection and quality indicators without threatening security or privacy.
Article 96 — Personal data protection
Identifiable smart-meter and account data are personal data. Commercial use or sharing beyond billing, operation, regulation and lawful investigation requires consent or legal basis, observing personal data law when effective.
Article 97 — Cybersecurity
Critical power operators shall meet cybersecurity, continuity, identity and access, incident response, backup and authorised penetration-testing requirements under national cybersecurity law and a coordinated sector code.
Article 98 — Emergency plans
Transmission, distribution and generation companies shall plan for fuel loss, grid collapse, disasters, attacks and serious faults, including command chains, alternative communications, critical stocks, regular exercises and restoration.
Article 99 — Emergency priorities
In emergencies, the operator may order load reduction, consumption restrictions or out-of-merit dispatch only as long and extensively as necessary to protect the system. Decisions shall be documented and reviewed by the Authority where substantial regulated costs result.
Chapter Twelve — Supervision, Sanctions and Appeals
Article 100 — Regulatory inspection
Authorised Authority staff may enter licensed business premises during working hours or danger, and request relevant records, metering data and contracts, respecting legal safeguards and confidentiality.
Article 101 — Compliance orders
Established licensee violations shall receive warnings specifying correction and timing. In dangerous cases, the Authority may immediately stop specified practices or operations until danger ends through reasoned, proportionate orders.
Article 102 — Regulatory fines
Implementing regulations may set graduated fines within statutory ceilings, considering severity, size, repetition, benefit and harm. Fines shall not replace remediation or original obligations.
For serious violations, legal-person fines shall not exceed one per cent of annual Iraqi licensed-activity revenue or one billion Iraqi dinars, whichever is lower. A court may double the ceiling on Authority request for repeated serious violations within three years.
Article 103 — Serious violations
Serious violations include deliberate settlement or metering manipulation, discriminatory network access, artificial capacity withholding, concealment of required material information, unlicensed operation where licensing is mandatory, and failure to comply with lawful safety or emergency orders.
Article 104 — Electricity theft and meter tampering
Distributors shall document unauthorised connections and tampering through reviewable technical procedures. They may recover unmetered energy under approved estimation, charge regulated remediation costs and disconnect continuing hazards, referring criminal acts under applicable penal laws.
Technical or meter faults alone do not establish theft intent. Licensees bear the burden of proving deliberate tampering in disputes.
Article 105 — Licence suspension and revocation
Serious repeated breach, insolvency, system endangerment or fraudulent licensing may justify suspension or revocation after defence opportunities, with continuity arrangements protecting consumers.
Article 106 — Appeal
Interested parties may lodge grievances within thirty days of notice or publication as applicable. The Authority shall decide within thirty days, with appeal to the Administrative Court under law. Appeals do not suspend urgent safety measures unless the court decides otherwise.
Article 107 — Other liabilities
Regulatory sanctions do not preclude civil, criminal or disciplinary liability under other laws, respecting general rules against duplicate penalties of the same nature for the same facts.
Chapter Thirteen — Transitional and Final Provisions
Article 108 — Establishment stage
Within ninety days of entry into force, the Council of Ministers shall form a transition committee under a designated chair with Electricity, Finance, Planning, its General Secretariat, Supreme Audit and relevant bodies. It shall inventory regulatory functions, assets, contracts, staff and data for restructuring and finish within eighteen months.
Article 109 — Authority commencement
The board shall be appointed within six months and powers assumed progressively. The Ministry shall temporarily retain necessary regulatory functions until documented transfer, for no more than twelve months unless extended by law or reasoned Council of Ministers decision for up to six additional months.
Article 110 — Codes and rules
Within eighteen months of board commencement, the Authority shall issue core licence, tariff, grid, distribution, metering and quality rules. Existing technical rules may temporarily continue where consistent.
Article 111 — Unified transmission operation
Transmission companies shall be unified or placed under one federal operational command within twenty-four months. National control functions shall transfer to the new operator without service interruption.
Article 112 — Separate accounts
All regulated public and private electricity companies shall prepare separate activity accounts and standard cost statements from the second financial year following entry into force, forming tariff and incentive baselines.
Article 113 — Transitional tariff review
Within eighteen months of beginning operations, the Authority shall review tariffs, subsidies, collection, debts and quality and propose a three-to-seven-year path to greater financial sustainability with vulnerable protection. Implementation requires Council of Ministers approval of financial and social effects.
Article 114 — Ministry Law amendment bill
Within one year, government shall submit amendments to Ministry of Electricity Law No. (53) of 2017 removing textual conflicts and redefining units after regulatory transfer and transmission unification. Non-conflicting provisions remain effective pending amendment.
Article 115 — Previous instructions
Electricity Supply and Conditions Instructions No. (1) of 2023 and related statements and orders remain effective insofar as consistent until Authority rules replace them. Regulatory service-charge amendment powers transfer when its tariff competence begins.
Article 116 — Regulations and instructions
The Council of Ministers may issue implementing regulations; the Authority, instructions, rules and codes within its powers; and the Ministry, policy and planning instructions. No instruction may create a fee, sanction or substantive obligation without statutory basis.
Article 117 — Conflicting provisions
Conflicting provisions are repealed only to remove conflict. This does not abolish lawful contractual rights or existing safety rules unless replaced by equal or stronger protection.
Article 118 — Entry into force
This Law takes effect ninety days after Official Gazette publication, except provisions with specific transition dates.
Statement of Reasons
This Law is enacted to establish modern integrated power-sector regulation; separate policy from regulation and commerce; ensure independent tariffs, access and consumer protection; unify federal transmission operation; restructure public companies with measurable accounts and performance; prepare gradual, orderly investment and technology entry; address losses, weak metering and collection; improve continuity and supply security; and regulate interconnection and cross-border trade.
General Explanatory Memorandum
1. Why a sectoral law rather than limited administrative amendment?
The 2017 law organised the Ministry and companies but concentrated potentially conflicting policy, ownership, investment and tariff functions. A modern market needs an independent regulator assessing network and service costs, resolving disputes and ensuring neutral access to monopoly infrastructure. Independence does not weaken the Ministry; it refocuses it on policy, planning and energy security while reducing conflicts in daily technical and economic decisions.
2. Why no proposed privatisation?
Public ownership is not the only legal problem, and private ownership does not automatically ensure efficiency. Deeper problems are absent functional separation, auditable accounts, incentives and performance accountability. The bill normally retains public network assets, converts them into regulated performance-based institutions and opens generation, services and partnerships to private participation where valuable. Privatisation or long concessions require separate decisions and legal and financial assessment.
3. Gradual markets, not institutional shock
Liberalisation without time-based metering, settlement and reliable collection may turn administrative problems into commercial debt and disputes. The bill stages regulated central purchasing and competitive new contracts, large-consumer eligibility, then balancing or day-ahead markets when ready. Practical indicators, not dates alone, determine transitions.
4. Unified transmission and system operation
The 2017 law lists regional transmission companies within the Ministry. Growing international links and generation sources increase the need for a unified federal operator neutrally allocating capacity, scheduling generation and managing congestion, frequency and reserves. The bill unifies assets or operation under a federal company rather than requiring sale, separating generation and supply interests.
5. Losses, metering and collection
Tariffs and costs cannot be reformed without knowing energy entering each network level and actual sales and collection. Divergent national and international loss figures themselves signal a data problem. The bill legally requires technical/commercial separation and consistent metering and links part of allowed distribution revenue to realistic loss reduction.
6. Tariffs and social protection
The bill proposes no automatic immediate price rise. Reform begins with metering, collection, ending unfunded exemptions, government payment and better service. A multiyear cost-revenue roadmap follows, with targeted vulnerable support and basic consumption protection instead of open-ended subsidies disproportionately benefiting large consumers and concealing budget costs.
7. Consumer protection within economic reform
Collection rights are paired with accurate meters, understandable bills, effective objections and published quality standards. The bill prevents automatic vulnerable-household disconnection without notice and safeguards, introduces compensation for certain failures and simplified small-dispute settlement with judicial appeal retained.
8. Regional interconnection
Links with Jordan, Türkiye and Gulf Cooperation Council countries add flexibility and diversity but require technical and commercial obligations, independent operation and clear capacity, procurement and settlement rules. Interconnection strengthens security rather than replacing domestic capacity, grid and fuel reform.
9. Renewable energy relationship
Market and renewable laws remain separate. The former covers networks, licensing, metering, settlement, access and general tariffs; the latter incentives, auctions, prosumers and renewable-specific technical or financial mechanisms. This avoids duplication while renewable resources enter under common market rules with their specialised benefits.
10. Governance and transparency
The bill requires published tariff methodologies, indicators and state-obligating contract summaries, beneficial ownership disclosure and equal public/private access, metering and safety rules. It regulates Authority conflicts and makes decisions subject to grievances and judicial appeal.
Alignment with Existing Legislation
| Legislation | Position | Proposed treatment |
|---|---|---|
| Ministry of Electricity Law No. 53 of 2017 | Organises the Ministry and companies with broad regulatory, operating and investment powers | Temporarily retained; government amendments within one year remove conflicts and separate regulation from ownership and operation |
| Electricity Supply and Conditions Instructions No. 1 of 2023 | Govern supply terms, meters, charges and services | Retained until Authority replacement, with gradual tariff-power transfer |
| Amended Public Companies Law No. 22 of 1997 | Governs public-company legal forms | Applies alongside this Law's accounting separation and corporate governance |
| Amended Federal Financial Management Law No. 6 of 2019 | Governs budgets, public commitments and guarantees | Applies to sovereign guarantees, subsidies, contingent liabilities and treasury-obligating contracts |
| Investment, competition, consumer protection and anti-money-laundering laws | Regulate general licensing, competition, beneficial ownership and consumer rights | Apply concurrently; sector licences do not replace other approvals |
| Environmental, cybersecurity and data protection laws when effective | Regulate environmental and digital obligations | Apply to electricity operators as critical infrastructure |
Transitional Provisions and Implementation Requirements
| Period from entry into force | Milestone |
|---|---|
| 0–3 months | Transition committee and inventory of regulatory functions, assets, contracts and data |
| Within 6 months | Appoint the Federal Electricity Market Regulatory Authority board |
| Within 12 months | Transfer core regulatory functions; submit Ministry Law amendments |
| Within 18 months | Issue licence, tariff, grid, distribution, metering and quality rules |
| Within 24 months | Unify transmission companies or operation under one federal company with functionally independent control |
| From the second year | Separate activity accounts and unified loss, collection and quality baselines |
| 3–5 years | Limited large-consumer opening if metering, settlement and grid conditions are met; develop balancing markets |
| After 5 years | Independently assess wider supply and short-term competition rather than presume its feasibility |
These periods concern legal and institutional foundations, not promises to complete every infrastructure project or achieve 24-hour supply within them. Full stability also depends on fuel, generation and network investment programmes beyond this Law.
Financial and Implementation Impact
The Law gives no aggregate electricity reform cost, which requires separate investment planning for generation, fuel, transmission, distribution and meters within government planning and Iraq Vision 2045. Direct legislative costs centre on the regulator, market, metering and settlement systems, and accounting and company restructuring. Existing human and technical resources and reasonable fees may finance a substantial share.
The main financial effect is changed cost, subsidy and loss accounting rather than establishing the Authority. In 2025, the IMF identified better collection and meters as essential to financial reform and noted tariffs alone cannot solve high losses. The bill therefore requires unified loss baselines, visible budget subsidies and financial-management-law assessment of guarantees and long contracts.
Implementation needs three information systems: licensing and regulation, market metering and settlement, and unified performance data. They should reuse Ministry and company systems where possible rather than create parallel ones, with auditability, exchange and cybersecurity.
Brief International Comparison
Modern electricity models, despite different liberalisation and ownership, share independent tariff and market regulators, transmission separation from generation and supply, non-discriminatory access, technical codes, metering and settlement, consumer protection and universal service. EU Directive 2019/944 is an advanced example; Egyptian electricity law provides a regional independent-regulator and regulated-access model.
The bill does not copy full advanced-market liberalisation. Iraqi losses, metering, collection and capacity gaps require transition. It adopts separation and independent regulation without an immediate complete power exchange or universal household supplier choice. This also aligns with recent IEA literature stressing market design serving security, investment and flexibility rather than becoming detached from system characteristics.
Sources and References
- Constitution of the Republic of Iraq, 2005General constitutional reference for federal, regional and governorate powers and legislative and oversight authority.
- Ministry of Electricity Law No. (53) of 2017 — Iraqi Gazette issue 4443Applicable law governing the Ministry, units, generation, transmission and distribution companies, tariffs and investment.
- Electricity Supply and Conditions Instructions No. (1) of 2023 — Iraqi Gazette issue 4735Current supply, metering, services and subscription framework.
- Iraqi Council of Representatives — Discussion of Electricity Ministry amendments and renewable energy bill, 21 July 2026Confirms ongoing amendment of the 2017 law alongside renewable legislation.
- Iraqi Council of Representatives — Electricity and Energy Committee, 4 October 2026Latest parliamentary follow-up available before preparation on renewables, ministerial budget and government programme.
- Iraqi News Agency — Planned capacity and summer 2026 demandOfficial Iraqi data indicate demand around 55 thousand megawatts against planned summer generation of 29–30 thousand, highly sensitive to gas availability.
- Iraqi News Agency — Current generation around 22 thousand megawatts, 13 June 2026Recent reference for actual generation and system allocation.
- Iraqi News Agency — Regional interconnection of 1,250 megawatts, 28 April 2026Reference for Turkish, Gulf and Jordanian links and supply diversification.
- International Monetary Fund — Iraq 2025 Article IV consultationIdentifies high distribution losses, weak cost recovery and need for metering and collection improvements before tariff reform while protecting low-income groups.
- World Bank — Iraq electric power transmission and distribution loss indicatorInternational IEA-based data showing exceptionally high losses under definitions differing from national distribution data.
- IEA — National Climate Resilience Assessment for IraqAnalysis of available generation, demand growth, losses, fuel dependence and grid climate resilience.
- UNDP Iraq — Energy Transition: From Policies to Actions in the Power Sector of Iraq, 2025Describes transmission, distribution and loss challenges, network modernisation and energy transition management needs.
- EU Directive 2019/944 on common rules for the internal market for electricityComparative reference for unbundling, regulator independence, access, universal service, consumer protection and tariffs.
- IEA — Electricity Market Design, 2025Recent electricity market design reference on aligning short-term markets, investment mechanisms and supply security.
- Egyptian Electric Utility and Consumer Protection Regulatory Agency — Electricity Law No. 87 of 2015 and regulatory frameworksRegional comparison for market regulation, transmission access and the regulator's role.
Last live-source verification date: 5 October 2026. Diagnostic figures reflect sources at preparation and do not become legal targets unless expressly stated in the Law.