On 18 September 2015 the Energy law Group organised its 4th Energy event. The event brought together leading energy industry practitioners, regulators, bankers and lawyers from all over Europe, Arab countries and Africa, to discuss some of the  most compelling legal issues of the energy sector.

Workshop topics that were discussed in during the event included:

• Security of Investments in a Changing Legal Environment – A Case for International Arbitration? – Experiences, Legal and Practical Issues
• Gas pipeline projects, gas storage and shale gas
• REMIT: policy and practical issues facing energy market participants in the changing regulatory regime
• Challenges in Renewables in the Middle East and Africa
• Oil & Mining: current trends of development in Eastern Europe and Africa

 Opening

• Welcome Speech: Thierry Lauriol, Chairman of the Energy Law Group, Jeantet Associes, France
• Energy Union and current challenges of EU energy policy: Dominique Ristori, Director General for Energy, European Commission
• Energy challenges and trends in Africa: Mamadou Diarra, Minister of Investment Promotion and Private Sector, Mali
• Practical overview of the day: Damien Verhoeven, Head of Energy, Liedekerke, Belgium

 

WORKSHOP 1: Security of Investments in a Changing Legal Environment – A Case for International Arbitration

The workshop focused on investment security in light of recent regulatory changes in different EU countries leading to several arbitration cases under the Energy Charter Treaty. In the morning session, representatives from the Energy Charter Secretariat and the Energy Community Secretariat were invited to present on the latest trends and developments in such disputes. In the afternoon session, a panel discussion (including leading practitioners like ICSID-arbitrators) focused on the legal and practical issues involved, e.g. potential discrimination of national vs. international investors.

• Security of Investment in a Changing Legal Environment: A Case for International Arbitration, Juan Ignacio Gonzalez Ruiz, Uria Menedez, Spain and Dirk Uwer, Hengeler Mueller, Germany
• Security of Investment in a Changing Legal Environment: A Case for International Arbitration: Dirk Buschle – Energy Community Secretariat, Austria
• Security of Investment in a Changing Legal Environment: A Case for International Arbitration: Dr. Matteo Barra – Energy Charter Secretariat, Belgium

 

WORKSHOP 2: Gas pipeline projects, gas storage and shale gas

This workshop was dedicated to selected legal topics from the gas industry. The morning session discussed the various pipeline projects planned for the connection of Europe to Russia and alternative supply arrangements. Speakers provided a brief description of each project, its state of development, the interested parties and the correlation with other projects as well as its effects on the security of supply requirements of Europe. Gas storage issues were also discussed. The afternoon session concentrated on shale gas in the UK and in Poland (incl. processes used for the extraction of shale gas, key objections to the industry, addressing risks and managing opposition, current and expected regulatory landscape, tax regime).

• Connecting Europe; the Battle of the South Corridor Pipelines: Marina Kolia, Zepos & Yannopoulos, Greece
• Regulation of Gas Pipelines – The TAP Case:  Angeliki D. Mourtzikou, Regulatory Authority for Energy, Greece
• Shale Development in Poland: lessons learned: Kamlesh Parmar, former  President of the Polish Exploration and Production Industry Organisation
• Gas Storage in Italy:  Afra Mantoni, Ughi e Nunziante Studio Legale, Italy
• Shale Gas in the UK (key objections, addressing risks and managing opposition, regulatory landscape, tax regime): Samantha Brady and Jolyon-Smith, Slaughter & May, England

 

WORKSHOP 3: REMIT: policy and practical issues facing energy market participants in the changing regulatory regime

This workshop discussed some of the practical implications of complying with REMIT and also explored other aspects of the fast moving regulatory environment for energy. Subtopics discussed (i) The evolving regulatory regime; MIFID II/ EMIR / REMIT, how they fit together and the challenges that market participant organisations face (ii) REMIT-perspective from national regulator (iii) the practical implications of REMIT – how is it working within market participant organisations (iv) REMIT, implementing an effective compliance program from an in-house perspective.

• Introduction: Gordon Downie, Shepherd and Wedderburn, Scotland
• The Evolving Regulatory Regime: MiFID II / EMIR / REMIT, how they fit together and the challenges that market participants face: Aviv Handler, ETR Advisory, United Kingdom
• Perspective from the Netherlands Regulation Authority on REMIT: Daniel Leliefeld,  ACM, Netherlands
• Practical Implementation of REMIT for Market Participants:  David Jose Gonzalez Fernandez, Iberdola Generacion, Espana, Spain
• Reducing Risk Exposure Through Implementing an Effective Compliance Programme: Marek-Dal Canton, Statkraft Markets GmbH, Germany
• The practical Implications of REMIT – Perspective from a TSO: Fabian Moller, Swissgrid, Swizerland

 

WORKSHOP 4: Challenges in Renewables in the Middle East and Africa

In a region where environmental concerns are not perceived as a priority, and where energy independence is often not an issue, what is the status of the renewable energy industry? What are its prospects? What are the key steps that lawmakers and the industry should push for? Subtopics discussed with specialized ELG members or external speakers focused on (i) Regulatory and legal international frameworks to promote renewables in MENA (ii) Integrating renewables in emerging markets: challenges and concessions (iii) Renewables in the GCC countries (iv) Renewables in African Lusophone countries (v) Renewable energy case studies from Sub-Saharan Africa, specifically mini-grid and off-grid solutions (vi) Challenges for implementing a wind farm IPP in North Africa.

• Introduction: Fadi Moghaizel, Moghaizel Law Office, Lebanon
• Regulatory and Legal International Frameworks to Promote Renewables in MENA – Ernesto Bonafe – Energy Charter Secretariat, Belgium
• Integarating Renewables in Emerging Markets: Challenges and Concessions: Massod Afridi, Afridi & Angell, United Arab Emirates
• Challenges in Renewables in the GCC: Salman Mahmood, Sultan Al-Abdula & Partners, Qatar
• Renewable Energy In Lusophone Countries: Isabel Cancela de Abreu, Aler, Portugal
• Renewable energy case studies from Sub-Saharan Africa: specifically minigrid and off-grid solutions: David Lecoque, Alliance for Rural Electrification, Belgium
• Challenges for Implementing an IPP Wind Farm in North Africa: Hugues de La Forge, Jeantet Associes, France

 

WORKSHOP 5: Oil & Mining: current trends of development in Eastern Europe and Africa

The morning session was dedicated to oil and mining in Eastern Europe with presentations from Bulgaria (Structure of the Value Chain in the Minerals Industries), Poland (Polish mining licenses – on the way to liberalize the market), Serbia (Mining on the Balkans – Selected Project Opportunities and Industry Tendencies in SEE) and Romania. The afternoon session considered the evolving legal environment and new challenges in the mining industries in Africa and the Middle-East. Reports focused on (i) Investing and financing projects in the mining sector in Africa: challenges and opportunities (ii) The new Mining Code of Democratic Republic of Congo (iii) the Malian and the UEMOA Mining Codes: incentives and opportunities in Western Africa (iv) The mining sector in Southern and Eastern Africa: recent developments, opportunities and perspectives.

• Introduction: Yassen Spassov, Djingov, Gouginski  Kyutchukov & Velichkov, Bulgaria
• The North Sea – A Changing Legal and Commercial Environment: Robin Clarkson, Oil & Gas UK’s Legal Working Group on Decommissioning, Scotland
• Polish Mining Licenses – on the way to liberalize the market: Tomasz Młodawski, Sołtysiński Kawecki & Szlęzak, Poland
• Extractive industries in Romania: Anca Mihailescu, Nestor Nestor Diculescu Kingston Petersen Law Offices, Romania
• Bulgaria: the value chain in the minerals industry: Yassen Spassov, Djingov, Gouginski  Kyutchukov & Velichkov, Bulgaria
• Mining on the Balkans – Selected Project Opportunities and Industry Tendancies in SEE: Ivan Nonkovic, Karanovic & Nickolic, Serbia
• Mining in Africa: Recent Developments:  Thierry Lauriol, Jeantet Associes, France
• Mining in Mali:  Mahamadou Karamoko Diarra,  Access, Mali
• Draft Bill Amending the DRC Mining Code: Aimery de Schoutheete, Liedekerke, Belgium
• Current Developments in  the Mining Sector Southern and Eastern Africa: Dr. Tony Harwood, Montero Mining & Exploration, South Africa
• Private Equity & Junior Mining Sector: The African Experience & Outlook, Francois Du Plessis, Greenstone Capital, United Kingdom