Climate Change Task Force
Global decarbonisation trend poses new challenges to large local and multinational producers. Many companies, especially those operating in the industries with the highest CO² emissions, are urged to turn business green and implement new technologies and procedural codes. The governments sponsor urgent transition to non-carbon economy nationally and worldwide. The decarbonisation agenda has been driven by the European Green Deal and the perspective of the carbon border adjustment mechanism (CBAM) in the EU – the tax on import to the EU is imposed to compensate damage by carbon generating producers.
Carbon emission tax will likely grow internationally and incentivize businesses to decrease their environmental footprint by cutting greenhouse gas emissions and using energy efficiency technologies.
As a legal advisor with particularly strong expertise in the field of energy and renewables, tax and financing, INTEGRITES offers turnkey solutions for business with an ambition to become climate neutral. We offer the capacity of 6 partners and 25 lawyers within the firm’s Climate Change Task Force to work in projects on:
- Trading of energy generated from renewable sources
We help the exporters to the EU with procuring RES power on the auctions by the Guaranteed Buyer’s balancing group and RES power certificates. The exporters, thus, become exempt from CBAM.
Our Energy team is a market leader in counseling developers with a full contractual package for the feed-in tariff: participation in the market segments, power transmission and distribution agreements, PPAs (power purchase agreements) etc.
- Green financing: IFIs, green bonds, emissions trading
Our team helps Ukrainian businesses and public entities to finance their projects with international financial institutions (EBRD, EIB, IBRD, IFC etc.) and other impact finance organizations that have been turning away from the fossil fuels towards transitional and alternative energy sources.
The firm also assists the securities regulator (NSSMC) in creating the ETS (emissions’ trading system) marketplace. As a part of advising consortium, we lead integration of ETS with the wholesale energy products trading infrastructure that brings liquidity and attracts more investors into the Ukraine’s energy efficiency.
- System flexibility: storage and maneuvering capacities
The Ukraine’s electricity grid and traditional generation assets lack efficacy to absorb all of the RES volatile output. We drive the implementation of the state aid mechanism and the contemplated public-private partnerships to satisfy huge demand for the demand-supply matching instruments: energy storage and fast-start generation. We advise the policy makers, investors and the OEM suppliers on business models and technical side of implementing modern technology in Ukraine’s United Energy System.
- Upgrade of Energy Efficiency: generation and industry use
We support conversion and refitting of the utilities at the industrial scale, in particular, in Ukraine’s vast steel sector. Our team was the first to introduce Energy Performance Contract Guaranteed Savings between ESCO (energy savings company) and local public authority to Ukraine.
One of the least energy efficient sector in Ukraine – the central district heating – is also among the world’s largest. Our team contributes to opening up the sector for the market competition and increased efficiency through optimization and modernization.
Cogeneration plants and shipping infrastructure have been designed and built many decades ago, with few modernizations ever since. We are establishing partnerships and support investment projects of the greener cities in the district heating with the backing by the municipalities and state aid. We support businesses, EPC contractors and OEMs in implementing industrial (decentralized) co-generation and tri-generation projects that bring down the carbon trace and decrease reliance on the heavy fuels and centralized grid.
- Policy framing and advocacy: alternative fuels, energy storage, green hydrogen, tax incentives
Our team has been counseling NGOs, businesses and governmental institutions on the legal framework and policy development regarding energy storage, in particular, chemical accumulators and alternative fuels, including hydrogen. We have initiated and led a series of public discussion events regarding hydrogen production strategy goals and relevant legal instruments. Our team is active on advocating tax incentives concerning alternative energy sources.
- Development of renewables
Energy is an essential factor in any economic activity and the various energy markets are highly regulated due to the complex energy infrastructure. Regulation brings with it a wide range of legal issues, both in energy production, access to energy sources, transport and transit of energy, and trade in energy.
We assist our clients in:
- Structuring investment projects in traditional and alternative energies
- Obtaining licences and permits for geological exploration offshore and onshore as well as for energy production and supply
- Obtaining authorisations from the competition authority for players in the energy market with a low level of competition
- Settlement of energy and natural resources disputes
- Assisting in investigations by the competition authority in the energy market with signs of monopolisation
- Advising on public procurement in the energy sector
NBT and Total Eren
EuroCape Ukraine I
Advising the client on finance and security documentation of the EUR 1-2 bln project related to the construction of several generation and co-generation power plants and implementation of electricity supply security.
Advising the client on entering the Ukrainian market using public procurement instruments, namely through negotiating procedure with the companies-buyers of equipment.
Supporting the client on the construction of several generation and co-generation power plants worth EUR 1-2 bln and implementation of electricity supply security.
The world’s leading steel and mining company operating in 60 countries
Successful representation of the client in a multi-million tax dispute against the State Tax Service of Ukraine. The case is related to all taxes applicable in Ukraine, including such specific ones as excise tax, payment for subsoil use and land tax.
Successful representation of the client in a multi-million tax dispute against the State Tax Service of Ukraine. The dispute related to the claimed VAT refund and accrued VAT credit at the pre-trial stage.
EU Commission assistance to NSSMC
Acting in consortsium with PwC EU Services EESV (”PwC”) and Correggio Consulting Ltd for Delegation of European Commission in Ukraine to assist the Ukrainian securities markets regulator – National Securities and Stock Market Commission (NSSMC) in improving energy commodity markets, including organized trading for commodity products, in Ukraine.