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03.04.2020

HOW TO DEAL WITH FORCE MAJEURES PROVISION FOR RES PROJECTS

Implementation of wind energy projects, in particular those in the construction phase, under quarantine-related restrictions imposed in the country - this was the main topic of UWEA`s webinar “Legal aspects of force majeure provision for RES projects in the context of Coronavirus outbreak” conducted on 2 April 2020.

 

The webinar began with the presentation of Andriy Konechenkov, Vice-President of the WWEA and Chairman of the UWEA Board, who presented world trends and key forecasts by international organizations on the development of the renewable energy sector, both in the world and in the European Union in particular. Speaker focused on recent Reports of international organizations such as REN21, GWEC, IRENA and WindEurope.

In his presentation, Andriy Konechenkov stressed the key role of wind energy in the global energy transition and in combating climate change. Mr. Andriy started his presentation with the words of IEA Executive Director Dr. Fatih Birol, who recommended that the governments should put clean energy at the heart of its stimulus plans to counter the coronavirus crises. All Reports highlighted by Andriy Konechenkov are available on the UWEA`s website.

Maryna Hritsyshyna, UWEA Board Member, Energy Practice Head at Sayenko Kharenko, in her presentation provided recommendations on the consideration of force majeure for RES projects during the quarantine. She recalled that in accordance with the Law of Ukraine of March 17, 2020 «quarantine» was included in the list of force majeure circumstances.

«According to the law, in order to confirm the force majeure circumstances it is necessary to apply to the Ukrainian Chamber of Commerce and Industry (CCI) and get the certificate», - underlined Mrs. Maryna. However, regardless of the outcome of the application to the CCI, she advised developers to negotiate with their contractual party to revise the contract terms in the light of quarantine.

Anzhelika Livitska, Counsel, Energy Resource and Construction Practice Co-chair at LF Asters, briefed the participants on the requirements to follow at the construction site during quarantine regime

"The restriction on holding of all mass events in which more than 10 people take part does not apply to construction, since the concept of “mass events” is not defined by the legislation" – Mrs. Anzhelika drew the attention of the participants. She also emphasized the need for strict compliance with the requirements for transportation and residence of workers, providing them with the necessary personal protection and cautioned against criminal and administrative liability for non-compliance of all requirements.

UWEA_A.Konechenkov.pdf

SK_force_major_020420.pdf

ASTERS_02_04_2020.pdf