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Change is brewing in Montenegro. The country finds itself exposed to both unprecedented internal and external factors, turning the gears and taking Montenegro in an uncharted direction. The COVID-19 pandemic has, for the last eighteen months, been putting pressure on economies, health systems, and the people themselves, forcing humanity to combat a deadly adversary through measures unseen in modern history. Montenegro was no exception and had to adjust to the new situation adopting preventive measures in order to mitigate the negative effects of the pandemic. An external factor, the virus, was not the only thing that shook things up for the Montenegrin people. There has been a large upset in the political scene, with the parliamentary election being narrowly won by the opposition, removing the Democratic Party of Socialists from power. The new government is faced with many challenges, including continuing the development of the energy sector through innovative and appropriate legislative, regulatory, and strategic action.

Directly negotiated power purchase agreements with physical delivery (“PPAs”) have been a sensitive topic in Romania since 2012, when they were prohibited under the new energy law no. 123/2012 (the “Energy Law”) and continue to be a hot topic today, even though (long term) PPAs negotiated over the counter are expressly allowed under art. 3 (o) of Regulation (EU) 2019/943 (“Internal Market Regulation”), as they fall under the concept of “long term supply agreements”. This is mainly because Romania has stumbled over the last 2 years in reintroducing the directly negotiated PPAs back into the domestic legislation, in line with EU rules and EU market practice.

The draft of a huge EU solar tender for the residential sector was published by the Hungarian Government at the end of August 2021. The draft proposal shows that households earning less than the national average income will be eligible for 100% non-repayable grants of between HUF 3-11.5 million (EUR 8,500 – 31,500) for green investment purposes.

While mineral extraction in Ukraine has a high potential for development and attracting investment, it always entails ecological risks which must be properly mitigated. Recently adopted laws, as well as legislation currently considered by Parliament, are aimed at balancing economic development and environmental protection.

On 1 June 2021, the Ukrainian Parliament adopted at its first reading the draft law improving Ukrainian mining laws (No. 4187). The draft law is aimed at, among other things, attracting and simplifying investments by improving the current laws.

On May 17, 2021, CEE Legal Matters reported that Asters had advised Elementum Energy Ltd. on the acquisition of a majority stake in the Dnistrovska wind park in the Odessa region of Ukraine. CEE In-House Matters spoke with Victoria Pysmenna, Head of Legal at Elementum Energy to learn more about the deal.

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