The Future of Energy: International Updates

 

Brought to you by the international Energy & Utilities Sector Group at Bird & Bird

In Focus

Walking over the Energy Crisis in Europe

On October 6, 2022, the EU Council finally approved Council Regulation (EU) no. 2022/1854, “on an emergency intervention to address high energy prices”. This regulation represents the last piece of a large set of measures adopted at EU level to mitigate the effects of the long-lasting energy crisis which has started spreading up in Europe as of mid-2021, long before Russian invasion of Ukraine territory. The European effort to overcome electricity and gas prices pressure on businesses and consumers dates back to October 2021, when the EU Commission adopted the first toolbox of short-term measures to target the specific needs of consumers and industry addressing the upcoming increase in energy bills, named “Tackling rising energy prices: A toolbox for action and support”.

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Pierpaolo Mastromarini, Partner , Itlay

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Updates from our International Network

Denmark

Denmark to launch tender for North Sea Energy Island in Spring 2023
By Climate Agreement for Energy and Industry of 22 June 2020, a majority of the Danish Parliament reached an agreement to establish two energy islands in Denmark, including the North Sea Energy Island.

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For further information contact Thomas Larsen.

Finland

Commission proposes more tools to tackle the energy crisis
Europe's energy dependence has been noted for years, but after the Russian military aggression in Ukraine, the problem has become even more concrete. As, the European Union is now diligently willing to end the dependence on Russian fossil fuels as soon as possible and in good time before 2030, the Commission released REPowerEU plan in May 2022. The remaining gas demand, both natural gas and LNG, shall be satisfied through diversification of suppliers, as have been done already with partners such as, among others, Norway, the United States and Egypt.

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For further information contact Laura Huomo.

France

Bill on the acceleration of the use of renewable energy in France
In 2020, France was the only country of the European Union which had not yet met the target of 23% of renewables within its energy mix. As a result, the French president's objective for 2050 is to multiply solar power by ten, to build fifty offshore wind farms and to double the power production from onshore wind turbines.

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For further information contact Boris Martor or Sibylle Weiler.

Germany

Hydrogen legislation in Germany – Network operators’ reaction
In September, the German gas transmission operators released their first Hydrogen Report, with an excellent overview of the current status of the German hydrogen network and two main recommendations for future hydrogen planning.

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For further information contact Laura Strosin.

Hungary

PV Developers in Hungary Look Out: Sudden Roadblocks Ahead!
Policy support for renewable, especially PV, electricity generation in Hungary has been continuously strong in the past few years with successful premium subsidy (METÁR) tenders, government support and priority grid connection access. (Well, OK, other than wind…) However, in a sudden turn, roadblocks started to fall on the paved road ahead of renewable developers and investors in Hungary turning business plans upside down in spite of spiking electricity prices.

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For further information contact Dániel Aranyi, István Szalay or Vivien Kovács.

Italy

New Biomethane Decree in Italy
On 15 September 2022, pursuant to the Italian Recovery and Resilience Plan (the "NRRP"), the Minister of Ecological Transition has issued a new decree (the “New Biomethane Decree”) aimed at defining a new framework for incentive measures for the development of biomethane plant by using funds available under the NRRP.

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For further information contact Pierpaolo Mastromarini.

Netherlands

The impact of annulling the Partial Nitrogen Construction Exemption on energy projects in the Netherlands
Recently, the Dutch Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State, “the Division”) held that the partial Nitrogen Construction Exemption was incompatible with the EU environmental law and therefore must be annulled.

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For further information contact Sophie Dingenen, Paul Waszink or Sander Wagemakers.

Poland

Cap on energy prices as a response to the energy crisis in Poland
In response to the challenging situation in the energy market, in early November the President signed the Law on Emergency Measures to Curb Electricity Prices and Support Certain Consumers in 2023 (the “Act”). The purpose of the Act is to protect certain entities, such as households, micro, small and medium-sized entrepreneurs, public utilities, or local governments from the effects of rising energy prices.

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For further information contact Tomasz Chabrzyk or Grzegorz Pizon.

Singapore

Latest updates on Singapore's energy transition landscape following the 2022 Singapore International Energy Week and Asia Clean Energy Summit
The 15th Singapore International Energy Week (SIEW) kicked off with a bang on 25 October 2022 and the flagship Asia Clean Energy Summit (ACES) also got off with a resounding start on 26 October 2022. These are key events in Singapore for the power industry to congregate, learn of the latest policies, reunite with friends in the industry and make new connections.

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For further information contact Sandra Seah.

Spain

Biogas and its regulatory framework in Spain
Biogas as a renewable energy source is one of the objectives set out in the Spanish National Integrated Energy and Climate Plan ("PNIEC 2021-2030") to achieve climate neutrality by 2050. The commitment to biogas in the PNIEC 2021-2030 is a boost to the development of the circular economy through the anaerobic digestion of organic waste (bio-waste from domestic, commercial and industrial sources, sludge from wastewater treatment plants, waste from agri-food industries, manure and herbaceous crop residues) and its transformation into renewable fuel. The use of these raw materials contributes to the reduction of greenhouse gases.

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For further information contact Hermenegildo Altozano, Alfonso Bayona, Paul Stone or Marta Vila-Coro.

Sweden

New government in Sweden impacts the energy sector
As of the 18th of October 2022, Sweden has a new government. The political parties who constitute the new Swedish government have, together with the Sweden Democrats party, come to an agreement for collaboration that largely impacts the area of climate and energy. The former political energy goal has been altered from the aim of 100 percent renewable energy to the aim of 100 percent fossil-free energy. We have summarised the main changes to come for the Swedish energy sector as a result of the agreement.

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For further information contact Mattias Lindberg or Ariana Sohrabi.

UK

Climate change mitigation projects receive backing from the LSE’s new Voluntary Carbon Exchange Platform
On 10 October 2022, the London Stock Exchange (LSE) launched it’s Voluntary Carbon Market (VCM). The LSE’s goal is to “address two major challenges: access to capital at scale for the development of new climate projects worldwide; and primary market access to a long-term supply of high-quality carbon credits for corporates and investors.”

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For further information contact Clive Hopewell.

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Bird & Bird news

Please find information below of further recent reports and papers relevant to the sector.

Corporate PPAs: An international perspective - 2022 edition

The appetite for Corporate PPAs continues to grow as corporations look to take advantage of a range of sustainability, economic and reputational benefits. Covering over 20 countries across the globe, our corporate PPA report gives an invaluable oversight of this exciting market and analyses new innovative structures and trends.

If you would like to speak to our experts on this topic, please get in contact with Elizabeth Reid or Sophie Dingenen.

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Energy Effiency: An ASEAN Perspective

We have produced an Energy Efficiency paper with an ASEAN perspective, in collaboration with Nurjadin Sumono Mulyadi & Partners, Tay & Partners, PJS Law, LawPlus Ltd. and Lexcomm Vietnam LLC as part of our Bird & Bird Plus programme. The paper summarises national strategies, applicable laws or policies, common contracting mechanisms, national funding sources, and hallmarks of bankable energy efficiency projects in Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

If you would like to speak to our experts on this topic, please get in contact with Sandra Seah.

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International Green Hydrogen Report 2022

The desires surrounding the use of hydrogen are growing – and with them the legal questions that arise in this context. For these are as diverse as the usability of hydrogen.

Hydrogen has a key role to play in the energy transition. This is because, in addition to numerous other advantages as a renewable energy carrier, it makes it possible to significantly reduce CO2 emissions.

In our latest International Green Hydrogen Report, we highlight some of the key legal areas surrounding hydrogen including regulation, contracts, intellectual property and cooperation as well as provide information on the latest developments in numerous countries.

If you would like to speak to our experts on this topic, please get in contact with Sibylle Weiler

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