www.pnplaw.pl the independent and international business law firm of warsaw scandinavian investments...

www.pnplaw.pl The independent and international business law firm of Warsaw

SCANDINAVIAN INVESTMENTSIN RENEWABLE ENERGY

Gdańsk, March 26, 2012

www.pnplaw.pl The independent and international business law firm of Warsaw

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History & profile of PNP

Pioneer company – the second foreign law firm registered in Poland – established in October 1990

Independent, medium sized, with international clients and staff

Special expertise in serving Scandinavian clients on the Polish market.

www.pnplaw.pl The independent and international business law firm of Warsaw

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Core-competences

• Commercial Law & Contracts• Energy and Enviromental Law• Tax Law• Payroll & Book-keeping• Labour Law / HR• Litigation and Dispute Resolution• Real Estate / Construction Law• Insolvency & Debt Collection

www.pnplaw.pl The independent and international business law firm of Warsaw

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Our Scandinavian – Polishknow-how:

• Legal aspects• Business aspects• Cultural aspects

• Is there a clear division between the areas ?

www.pnplaw.pl The independent and international business law firm of Warsaw

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Renewable energy sector • renewable energy as an important electricity

source• ecological substitute for fossil fuels• EU legal regulations – mandatory target: 20%

of the share in energy from renewable sources

www.pnplaw.pl The independent and international business law firm of Warsaw

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The growth markets

cumulative installed capacity per EU Member State 2005-2010 (MW) source: EWEA

www.pnplaw.pl The independent and international business law firm of Warsaw

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Wind park investements opportunities and …

• green certificate system• improvement in the number of local

development plans• co-funding by EU or national programmes,• huge wind project profitability

www.pnplaw.pl The independent and international business law firm of Warsaw

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… and problems

• changes in the legal regulations applicabe to wind energy – legal instability,

• connecting renewble energy sources to the grid,

• lenghtiness of administrative procedures,• social protests

www.pnplaw.pl The independent and international business law firm of Warsaw

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Case study: end-to-end project

• Danish investment in a medium sized wind farm (<10MW)

• 4 co-owners from Jutland,

• Vestas V90 2 MW

www.pnplaw.pl The independent and international business law firm of Warsaw

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Development of the project• Land lease – long-term lease agreement (25

years, registered in the mortgage and land register) + transmission / road easments

• grid connection (medium voltage grid) given by the transmission system operator (Energa-Operator S.A.)

www.pnplaw.pl The independent and international business law firm of Warsaw

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Development of the project

• zonic decision (in case of the lack of the local land development plan)

• environmental assessment and environmental permit

www.pnplaw.pl The independent and international business law firm of Warsaw

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Development of the project• wind assessment (12 months)• construction permit• closing of the investment (finding construction

companies, contract with VESTAS)• financing (bank credit)

www.pnplaw.pl The independent and international business law firm of Warsaw

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Development of the project

• construction• power purchase agreement, sale of certificates• obtaining license (only an entity with a license is

granted certificates)

www.pnplaw.pl The independent and international business law firm of Warsaw

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Other data• Turbine: Vestas V90- 2.0 MW• Hub height: 105 m, rotor diameter: 90 m

• Production since 1.01.2010: approx. 2,000,000 kWh per each wind turbine

www.pnplaw.pl The independent and international business law firm of Warsaw

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Difference between renewable sectors in Poland and Denmark

improving know-how big

lack !!l money big

huge opportunities smaller

www.pnplaw.pl The independent and international business law firm of Warsaw

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Thank you

for your attention

Paweł Nowakpn@pnplaw.pl