Latest updates

Uncertainties regarding eighth tender for oil and gas exploration in Danish North Sea
Bruun & Hjejle
  • Denmark
  • 25 November 2019

The Ministry of Climate, Energy and Utilities recently invited companies to take part in the eighth Danish licensing round for oil and gas exploration and production in the Danish North Sea. Licences were expected to be issued this summer, but political pressure on the government elected in June 2019 means that the eighth licensing round's future is uncertain.

RES sector reform – regulatory update
Rokas Law Firm
  • Greece
  • 18 November 2019

The renewable energy sources (RES) sector of the Greek energy market is undergoing continuous and significant reform. Among other changes, the Hellenic Energy Exchange has commenced operations, RES producers now participate in the day-ahead market and the Greek islands' renewables sector has been expanded.

New law aims to facilitate offshore renewable projects
Nishimura & Asahi
  • Japan
  • 11 November 2019

Although Japan has significant offshore renewable energy output potential, a number of issues – both systemic and technological – have hindered efforts to develop its offshore renewable market. With the introduction of the Act on Promoting the Use of Marine Areas for the Development of Marine Renewable Energy Generation Facilities, the government aims to develop such offshore renewable energy capacity and encourage and facilitate the development of offshore renewable projects in Japan.

Court rules that electric filling station is not an electricity company
Schoenherr
  • Austria
  • 04 November 2019

The Higher Administrative Court recently found that the operation of an electric filling station does not constitute the operation of an electricity company and is thus subject to Trade Act. Prior to this decision, the question of whether the act applies to such stations was unclear, as there was no relevant case law and the legal literature was divergent.

High-efficiency cogeneration – individual cogeneration bonuses announced
Kubas Kos Gałkowski
  • Poland
  • 28 October 2019

The first implementing regulations of the Act of 14 December 2018 on the Promotion of Electricity from High-Efficiency Cogeneration were published on 21 August 2019. The act aims to exploit the potential of cogeneration to improve air quality in Poland and increase the efficiency of heating and cooling systems.

Government confirms proposal to liberalise electricity market
Lenz & Staehelin
  • Switzerland
  • 28 October 2019

The government recently confirmed its proposal to fully liberalise the Swiss electricity market. This liberalisation will be accompanied by measures which strengthen domestic renewable energies and improve supply security. It is now up to the Federal Department of the Environment, Transport, Energy and Communications to submit a discussion paper to the government setting out the key parameters for such liberalisation and additional adjustments to be made to the Electricity Supply Act.

Why GSE should reduce instead of revoke incentives for PV plants
Norton Rose Fulbright Studio Legale
  • Italy
  • 21 October 2019

According to a recent Lazio Regional Administrative Court ruling, before reaching a decision on the revocation of incentives, the Energy Services Operator must confirm whether the renewables exception set out in Article 42(3) of Legislative Decree 28/2011 applies (ie, the plant in question must have received incentives when the violation was verified) and assess the size of the reduction with regard to the extent of the violation detected.

Open call for development and sale of RES projects
Macesic & Partners
  • Croatia
  • 07 October 2019

Croatian state-owned electricity company HEP Group is seeking partners for renewable energy projects. To this end, the company has launched an open call for expressions of interest in the development and sale of renewable energy source (RES) projects. HEP's latest initiative relates to the development and construction of different RES projects in Croatia, as well as the integration of completed projects and those in an advanced stage of development into its power generation portfolio.

Raudfjell and Kvitfjell wind farms commence operation
Advokatfirmaet Simonsen Vogt Wiig AS
  • Norway
  • 30 September 2019

The first wind turbines in one of Europe's largest land-based wind farms recently commenced operation. The Kvitfjell and Raudfjell onshore wind farm (known as 'Project Northern Lights') is located near the city of Tromsø in northern Norway and comprises 67 turbines with an individual installed effect of 4.2MW and an aggregate installed effect of 281.4MW. The turbines use the latest technology, including direct drive and de-icing technology.

Flexibility and Storage Market Report 2019
Schoenherr
  • Austria
  • 23 September 2019

The information assessed when preparing the latest Flexibility and Storage Market Report on the Austrian gas market suggests that the current competitive situation does not require regulated access to storage facilities. The sufficient availability of storage capacity, customer-oriented product development, market-oriented price formation and offered quantities form a market characterised by competitive pressure.

Offshore wind extension round: seven projects progress through plan-level HRA
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 16 September 2019

​The Crown Estate has confirmed that seven offshore wind extension projects will progress to the award of rights following the completion of its plan-level Habitats Regulation Assessment (HRA). Project-specific environmental assessments will be required for each site before the developers seek planning consents under the statutory planning process. Importantly, the plan-level HRA identifies mitigation measures that will be secured.

Linked ETSs to benefit energy-intensive industries
Lenz & Staehelin
  • Switzerland
  • 09 September 2019

The CO2 Agreement between Switzerland and the European Union aims to link the Swiss and EU emissions trading systems (ETSs) to allow energy-intensive industries which currently participate in only the Swiss ETS to access the more dynamic EU emissions market. As under the current regime, the CO2 tax on fuels will be reimbursed to plant operators participating in the Swiss ETS at their request; however, a new exception applies to so-called 'fossil-fuel thermal power plants'.

My Electricity – new PV programme introduced
Kubas Kos Gałkowski
  • Poland
  • 26 August 2019

The prime minister and the minister of the environment recently presented a new programme called My Electricity, which aims to promote the use of photovoltaics. The introduction of My Electricity is one way to achieve the government's renewable energy target (ie, 15% of energy from renewable sources by 2020); however, additional programmes that support renewable energy production are needed.

CCUS policy – is the United Kingdom ready to capture the opportunity?
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 19 August 2019

The Department for Business, Energy and Industrial Strategy (BEIS) recently published its proposals for business models for carbon capture usage and storage (CCUS). The CCUS forms part of BEIS's package of proposed measures to support the decarbonisation of the UK economy, which includes consultations on reusing oil and gas assets in CCUS projects, the regulated asset base model for nuclear and the facilitation of energy efficiency in the electricity system.

NVB introduces model deed to promote financing of rooftop solar projects
Stek Advocaten BV
  • Netherlands
  • 19 August 2019

In September 2018 the Dutch Banking Association introduced a standard form for a deed of right of superficies (the model deed). The model deed was introduced to promote the financing of solar panels on companies' roofs in the Netherlands and has been well received among market participants. This article examines the background, use and objectives of the model deed.

New government announces climate and energy plan
Bruun & Hjejle
  • Denmark
  • 05 August 2019

The new government has raised the bar for climate and environmental goals with the aim of making Denmark the world leader in the transition to renewable energy. The government's climate plan calls for a significant focus on the use of wind energy and a new agreement goes even further than the 2018 energy agreement, with plans for an offshore energy island with a capacity of at least 10GW.

Schedule for competitive procedures in 2019 and 2020
Rokas Law Firm
  • Greece
  • 05 August 2019

The minister of environment and energy recently amended the competitive procedures for determining operating state aid granted as feed-in premiums for 2019 and 2020. Further, the latest competitive procedures resulted in significant price reductions for photovoltaic (PV) and wind projects. However, owners of small PV plants have claimed that they have been disadvantaged by the merging of all PV plant categories into one.

Union Budget 2019: e-vehicle manufacturing incentives
  • India
  • 05 August 2019

On the back of its new electoral mandate, the Modi Sarkar 2.0 government recently presented its first budget, which proposes a number of amendments regarding electric vehicle (e-vehicle) manufacturing. Among other things, the government has proposed reducing the goods and services tax on e-vehicles, providing an additional income tax deduction on interest paid on loans taken to purchase e-vehicles and waiving customs duty on e-vehicle parts.

New regulation establishes penalties for failure to repatriate proceeds of natural resources exports
Ali Budiardjo, Nugroho, Reksodiputro
  • Indonesia
  • 05 August 2019

The start of 2019 saw a renewed attempt by the government to compel exporters of natural resources-based commodities to repatriate their export earnings and deposit them in the Indonesian financial system with the issuance of new rules in this regard. The minister of finance has now established penalties for non-compliance with these rules.

OGA publishes enquiry guidance
CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • 29 July 2019

The Oil and Gas Authority (OGA) recently published its guidance on handling enquiries according to the Energy Act 2016. The guidance may prove useful to parties which find themselves subject to an enquiry, as it will provide them with an indication of the process that the OGA will follow. However, there are limits on the comfort offered by such an expectation, as the OGA has made clear that it will apply the guidance flexibly.

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