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Energy & Climate Change

Netherlands

We are the esteemed sparring partner of leading energy companies, regulators, public entities, large buyers and investors. Our energy team knows your sector: upstream and downstream oil and gas, electricity, onshore and offshore wind energy, solar energy and other (sustainable) energy sources such as warmth and biomass. We help to build legal frameworks for the energy sector. We understand the challenges in the industry and the importance of innovation and we lead when it comes to applying new developments locally and internationally. We are the legal linchpin at great energy projects and transactions. We can for example claim the first Dutch offshore wind tender and the acquisition, development and project financing of the largest solar energy park. In short, our experience, industry knowledge and creativity enable you to make your initiatives in this industry a success.

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‘CMS has one of strongest teams for renewable energy/energy related topics. From regulatory and tax to finance and transactional topics, CMS provides a high quality of services. They are unique in having done some of the premier deals in the Dutch market to date.‘

The Legal 500 EMEA, 2020

Well versed in the renewable energy sector, including wind and solar energy, as well as non-renewable power.

Chambers Europe, 2020

Delivers what is needed on time and in a manner that always brings the deal forward, and not in a deadlock.

Chambers Europe, 2020

The firm's "network in Europe is one of its strengths."

Chambers Global, 2020

"The team at CMS is especially active on renewable energy mandates."

The Legal 500, 2019

"The lawyers give us an excellent understanding of local regulations and consequently facilitate our critical decision-making process within the project."

Chambers Global, 2019

"They are able to meet deadlines even in cases where they have been provided with little time."

Chambers Global, 2019

"The firm has the right type of people and processes in place to serve major international clients on mega projects with national and international significance."

Chambers Europe, 2019

"Good quality and hands-on mentality."

Chambers Europe, 2019

In M&A the firm has a good reputation for working in the hospitality, life sciences and oil and gas sectors.

IFLR1000, 2019

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    Energy - Contracts & Trade

    We specialize in advice on commercial contracts which are used in the energy sector, such as supply contracts for gas, electricity and heat, as well as connection and transport contracts.

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    Energy - Corporate

    We advise many parties on mergers and acquisitions, structurings and restructurings, privatizations, joint ventures and project structures within the energy and water sector. In addition, we have many years of experience in the area of upstream oil & gas transactions.

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    Energy - Projects & Finance

    Our Energy & Climate Change Team assists and advises in a wide range of energy and water projects, varying from the development and financing of conventional power stations, biomass power stations and wind farms (both onshore and offshore) to LNG terminals, biodiesel plants, water purification plants, gas storage facilities, FPSOs and interconnectors. We act on behalf of energy companies, banks, investment funds and project developers.

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    Energy - Regulatory

    Our specialists have broad experience and knowledge of European and Dutch competition law and in the area of regulated markets. We give advice on sector-specific regulations for the energy and water sector (such as gas, electricity, heat, mining and renewable energy), competition law and procurement law. We also act on behalf of parties in administrative and civil disputes.

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    March 2019
    En­ergy Stor­age
    560340ht­tps://me­dia.cmsleg­al.com/me­dia/em­bed?unique_key=aa2d1867c0956518566fceb3d3f8d003&width=720&height=405&auto­play=false&auto­light­soff=false&loop=false&clean1al­wayseznode://502218It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across the world pro­gresses.In the last few years, en­ergy stor­age has come to the fore as a key sec­tor in provid­ing such flex­ib­il­ity. The com­mer­cial­isa­tion and wide scale de­ploy­ment of en­ergy stor­age seeks to take ad­vant­age of the range of rev­en­ue streams avail­able to en­ergy stor­age pro­jects, such as re­serve, sys­tem ser­vices and bal­an­cing. There are a vari­ety of busi­ness mod­els that cre­ate op­por­tun­it­ies for in­vestors, fun­ders, gen­er­at­ors and de­velopers, in­clud­ing co-loc­a­tion and be­hind-the-meter / Stor­age-as-a-Ser­vice (SaaS).Nev­er­the­less, there re­main jur­is­dic­tion-spe­cif­ic chal­lenges to the full-scale rol­lout of en­ergy stor­age, in par­tic­u­lar around the fu­ture pre­dict­ab­il­ity of rev­en­ue streams and the wider reg­u­lat­ory re­gime and the ex­tent of mer­chant risk that in­vestors can ac­cept.The en­ergy stor­age sec­tor will con­tin­ue to evolve with in­creas­ing op­por­tun­it­ies in al­tern­at­ive stor­age tech­no­lo­gies to lith­i­um-ion bat­ter­ies and pumped hy­dro, such as Com­pressed Air En­ergy Stor­age (CAES) and hy­dro­gen.This re­port is one of four sup­ple­ments, ex­pand­ing on the find­ings of our 2018 Con­nec­ted Fu­ture re­port and our 2017 CMS In­fra­struc­ture In­dex. The 2019 In­fra­struc­ture In­dex will be avail­able at the end of 2019.
    Sub­scribe to En­ergy & Cli­mate Change top­ics
    April 2020
    CMS En­ergy Glob­al Bro­chure
    The en­ergy sec­tor is used to change, but has nev­er faced great­er change than it does todayThe biggest me­di­um and long-term is­sue of our time is how to meet our en­ergy needs in a way that sus­tains the fu­ture of the plan­et, while also sus­tain­ing the sec­tor it­self, which is so es­sen­tial to our so­ci­ety.With over 450 law­yers, the CMS En­ergy and Cli­mate Change prac­tice is one of the world’s largest. We provide cru­cial ad­vice to gov­ern­ments and busi­nesses as they en­gage with the chal­lenge of cli­mate change and  shape their re­sponses to it.Since the 1980s we have led the way in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets around the world. We have also helped to guide the re­new­ables sec­tor at every stage of its de­vel­op­ment, from the earli­est wind farms to sol­ar PV, float­ing off­shore wind, en­ergy stor­age and elec­tric vehicle in­fra­struc­ture. Many of our cli­ents re­quire spe­cial­ist leg­al ad­visers at­tuned to glob­al geo­pol­it­ics, eco­nom­ics and reg­u­la­tion. Our  in­volve­ment goes far bey­ond straight­for­ward power ex­pert­ise, as we help them nav­ig­ate in­creas­ingly in­ter­linked is­sues such as tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion, so­cial con­cerns and polit­ic­al agen­das. We en­sure that the jig­saw pieces of the over­all en­ergy and cli­mate change puzzle are not looked at in isol­a­tion, wheth­er we are ad­vising on cli­mate change strategy or new tech­no­logy, oil & gas ex­plor­a­tion or en­ergy ef­fi­ciency, pro­ject fin­ance or M&A, en­ergy dis­putes or reg­u­la­tion.Un­like some sec­tors, where ma­tur­ity has brought ex­tens­ive stand­ard­isa­tion and com­mod­it­isa­tion, the en­ergy sec­tor is see­ing an in­crease in new ap­proaches and prac­tices. We work with busi­nesses at every stage of the en­ergy li­fe­cycle, as well as with reg­u­lat­ors and gov­ern­ments, to help them un­der­stand how these new de­vel­op­ments can se­cure not only their com­mer­cial or polit­ic­al aims but also our col­lect­ive fu­ture.

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    26/06/2020
    Leg­al com­plic­a­tions of fin­an­cing and de­vel­op­ing sol­ar pan­els on com­mer­cial...
    08 July 2020
    CMS Ex­pert Guide to cli­mate change tax re­forms and in­cent­ives
    02 July 2020
    ICAO agrees to ad­just COR­SIA baseline for CO2 emis­sions for avi­ation in...
    On 30 June 2020, the Coun­cil of the In­ter­na­tion­al Civil Avi­ation Or­gan­iz­a­tion (ICAO) ad­op­ted a de­cision ad­just­ing the peri­od to be used as the baseline for meas­ur­ing the growth of CO2 emis­sions un­der...
    29/04/2020
    Up­date SDE+ 2019 au­tumn round and 2020 spring round
    15 May 2020
    CMS Ex­pert Guide to re­new­able en­ergy law and reg­u­la­tion
    Are you look­ing for in­form­a­tion on re­new­able en­ergy law and reg­u­la­tion? This CMS Ex­pert Guide provides you with everything you need to know.
    26 June 2020
    Leg­al com­plic­a­tions of fin­an­cing and de­vel­op­ing sol­ar pan­els on com­mer­cial...
    In or­der to meet the goals of the Par­is Cli­mate Agree­ment but spare valu­able ag­ri­cul­tur­al land, sol­ar PV pro­jects in the Neth­er­lands are be­ing in­stalled in non-ag­ri­cul­tur­al areas, such as on com­mer­cial...
    14/04/2020
    In­sight: Us­ing VAT as a tool to fight cli­mate change?
    22 June 2018
    CMS Ex­pert Guide to off­shore wind law in North­ern Europe
    Are you look­ing for leg­al in­form­a­tion on off­shore wind en­ergy? This CMS Ex­pert Guide provides you with everything you need to know.
    11 June 2020
    EU ad­justs COR­SIA baseline for CO2 emis­sions for avi­ation to 2019 only...
    On 9th June 2020 the Coun­cil of the EU (the “Coun­cil”)ad­op­ted a de­cision to amend its po­s­i­tion on the peri­od to be used as the baseline for meas­ur­ing the growth of CO2 emis­sions un­der the Car­bon Off­set­ting...
    09/04/2020
    Com­batting the im­pact of the coronavir­us on the Dutch re­new­able en­ergy...
    24 April 2018
    CMS Ex­pert Guide to en­ergy stor­age reg­u­la­tion
    Are you look­ing for in­form­a­tion on en­ergy stor­age reg­u­la­tion? This CMS Ex­pert Guide provides you with everything you need to know.
    07 May 2020
    GRESB 2020 – It’s Ques­tion Time!
    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...