Latest updates

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.

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.

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.

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.

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.

Union Budget 2019: e-vehicle manufacturing incentives
BDO LLP
  • 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.

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.

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.

Upstream parent company guarantee challenged in court for first time
Advokatfirmaet Simonsen Vogt Wiig AS
  • Norway
  • 15 July 2019

For the first time, the Norwegian courts have ruled in a case regarding the scope of the parent company guarantee (PCG) for licensees on the Norwegian Continental Shelf. The Borgarting Court of Appeal recently overturned a district court judgment and largely accepted the Norwegian government's interpretation of the PCG's scope of applicability. Although the ruling, which is likely to be appealed, provides some clarity, the question of whether tax claims are covered was not resolved.

Upcoming reporting obligations for oil and gas permit holders
Hogan Lovells BSTL SC
  • Mexico
  • 08 July 2019

The Energy Regulatory Commission has received clearance from the Federal Commission for Regulatory Improvement to publish the general administrative provisions (GAPs) that set out the Guidelines for the Statistic Registry of Commercial Transactions Arising from Regulated Activities Performed with Natural Gas and Oil. The GAPs establish the natural gas and oil registry system and provide new reporting obligations for permit holders.

President of Energy Regulatory Office's term of office comes to an end
Kubas Kos Gałkowski
  • Poland
  • 01 July 2019

Maciej Bando's five-year term of office as the President of the Energy Regulatory Office recently came to an end. A new head of the regulatory body may lead to a change of method in the execution of some competences under its administrative discretion. This change of method may be particularly visible in network and supply activities, as most of the regulations in this regard are developed by the President of the Energy Regulatory Office and other administrative bodies in the European Union.

Licences for hydrocarbon exploration in Dinarides region available in third bidding round
Macesic & Partners
  • Croatia
  • 17 June 2019

Four new exploration blocks in the Dinarides have been offered in the third licensing round for the exploration and production of hydrocarbons in Croatia. This recent licensing round of the Croatian Hydrocarbon Agency focuses on the central and southern regions. The deadline for the submission of bids is 10 September 2019 and the licences are tentatively scheduled to be announced in December 2019.

Use of corporate power purchase agreements
Norton Rose Fulbright Studio Legale
  • Italy
  • 17 June 2019

The use of corporate renewable power purchase agreements (PPAs) looks set to increase in Italy. Corporate PPAs are contracts between buyers and power producers to purchase electricity at a pre-agreed price for a pre-agreed period. As the market for the development of subsidy-free renewable energy projects grows, corporate PPAs are expected to become a common part of the energy and sustainability strategies of Italian corporates.

Council of Ministers launches second offshore licensing round
Alem & Associates
  • Lebanon
  • 10 June 2019

The Council of Ministers recently launched the second offshore licensing round for oil and gas exploration in numerous blocks. It also approved the updated tender protocol and approved updates to some articles of the model exploration and production agreement. The Lebanese Petroleum Administration has invited interested companies to combine their bidding efforts by forming consortiums. This article examines the pre-qualification process and reviews how bids will be assessed up until the award stage.

High-efficiency cogeneration support system takes shape
Kubas Kos Gałkowski
  • Poland
  • 27 May 2019

The Act on Promoting Electricity from High-Efficiency Cogeneration recently entered into force. It establishes support mechanisms for combined heat and power (CHP) installations connected to district heating networks, which will replace the previous support scheme that expired at the end of 2018 and was based essentially on certificates of origin for energy from CHP installations.

CRE loosens metering obligations for petroleum, petroleum product and petrochemical terminals
Hogan Lovells BSTL SC
  • Mexico
  • 13 May 2019

The Energy Regulatory Commission (CRE) recently issued a resolution which has clarified the scope of the general administrative provisions on metering that apply to holders of permits to store petroleum, petroleum products and petrochemicals. In issuing the resolution, the CRE has further relieved applicable permit holders from their obligations to comply with specific requirements.

CFE separation rules relaxed
Hogan Lovells BSTL SC
  • Mexico
  • 06 May 2019

The 2013 energy reform ordered the legal separation of the Federal Electricity Commission (CFE) in order to guarantee equal competition for all industry players. Accordingly, in 2016 the Ministry of Energy issued the CFE separation rules to foster open access, efficient operation and competition within the industry. As these rules resulted in several inefficiencies within CFE generation companies, the ministry recently relaxed them in order to maximise resources and reduce power prices for end users.

Amendments bring overall relief to system charges
Schoenherr
  • Austria
  • 06 May 2019

The Austrian regulatory authority E-Control is responsible for ensuring an equal energy market and a fair market price. Each year E-Control reviews and defines the system charges for the use of electricity and gas networks on all network levels. The System Charges Ordinance 2019 and the Gas System Charges Ordinance 2019 bring further relief to system charges.

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