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UPDATE FROM SJ BERWIN
Cleantech and Renewables Update
Update on recent developments in cleantech and renewables
20 November 2009

Japan Society and The Japanese Chamber of Commerce and Industry: UK cleantech/renewables seminar

On 13 November 2009, SJ Berwin hosted a seminar, which was organized by the Japan Society with The Japanese Chamber of Commerce and Industry in the UK, to address the UK's response to climate change and to consider the challenges and opportunities for businesses arising out of the UK's transition to a low-carbon economy.

The seminar was chaired by Professor David Cope of The Parliamentary Office of Science and Technology.  The panellists were Angus Evers (Partner and Head of Environment at SJ Berwin LLP), Jonathan Bryers (Partner at Carbon Trust Investments), Adrian Fox (Supply Chain Manager at the Marine Estate of The Crown Estate), Louis Turner (Director of the Asia Pacific Technology Network), and over 100 delegates.

The panellists considered a wide range of issues concerning the merits of the UK's response to climate change and how well placed the UK is in the cleantech/renewables sector compared with other countries such as Japan.  The prevailing view was that the UK remains an attractive target for investment, with ambitious statutory targets for reducing greenhouse gas emissions and generous incentives for renewables.  However, overall it was felt that greater long-term stability is needed in policy-making to enable investment decisions to be made.  The planning system came in for some criticism for holding up onshore renewables projects, but it was pointed out that supply chain issues and grid connections have also delayed such projects.

Funding issues aroused a great deal of debate, with panellists expressing views that a combination of public and private sector support and incentives have placed (and will continue to place) the UK in a strong position relative to other countries, and that new initiatives, such as the proposed adoption of feed-in tariffs next year, would reinforce this position.  However, other views were expressed that more must be done to reduce the barriers to entry that start-ups in the cleantech sector face.  In particular, start-ups need more help from the public sector in getting across the so-called "Valley of Death", from having a tested idea to having a marketable product. 

The UK's position in cleantech was contrasted with that of Japan, who was noted to be a market leader in a number of cleantech sectors.  However, it was pointed out that Japan's pre-eminence is under threat from South Korea and China, whose cleantech sectors are showing rapid growth.  The level of public sector support available in Japan was also praised, with one example quoted being the Japan Export Credit Agency's underwriting of political and delivery risks for Clean Development Mechanism projects under the Kyoto Protocol.  The far greater level of funding of cleantech science and technology at Japanese universities compared with British universities was also singled out as a significant difference between the UK and Japan.

The issue of the security of energy supplies generated some heated debate.  Whilst negotiation of long-term pricing arrangements for resources such as natural gas or oil may, at an early stage, be beneficial for both parties, as resources become more scarce, the relative strength of the parties may alter and increasing concerns over security of supply may emerge.  Such concerns have a strong influence on decisions to develop new technologies and to improve and develop existing technologies.

With the Copenhagen summit only three weeks away, the prospects of an international agreement being reached at the summit inevitably cropped up in the debate.  There was general optimism that progress towards an international agreement would be made, although most of those present felt that it was now unlikely that the international community would be able to agree a binding legal agreement and that such an agreement would have to come later.  However, it was noted that there had clearly been a dramatic change in public attitudes towards climate change since the Kyoto summit in 1997.

A final topic which elicited strong views from those attending the seminar was that of nuclear power.  The issue of whether the power sector favours nuclear power over clean coal was raised, as was the issue of whether the nuclear industry should be subsidised through incentive mechanisms in the same way as renewables.

The seminar provided a useful forum for both Japanese corporates and UK cleantech/renewables sector players to debate the future of the low-carbon sectors in both countries and to explore the investment opportunities available.  Investors now clearly recognise cleantech/renewables as a business opportunity and a long-term value driver with a myriad of investment opportunities including clean fossil fuels, energy efficiency, green buildings, smart grids, solar power, water treatment and low-carbon vehicles.

If you would like to discuss your legal requirements in the cleantech and renewables sector in the UK please contact:



Martin Bowen
Partner
Corporate
T: +44 (0)20 7111 2229
View online profile
 
Ed Harris
Partner
Corporate
T: +44 (0)20 7111 2473
View online profile
 
Angus Evers
Partner
Planning & Environment
T: +44 (0)20 7111 2763
View online profile

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We were delighted to be ranked second of all UK firms in Legal Week's Client Satisfaction Report, based on responses from 873 senior in-house lawyers and finance directors at 683 different companies operating in the UK, including 60 percent of the FTSE 100. We received "some of the strongest feedback in the survey" for service delivery, for which we scored 9.2 out of 10.

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WASTE TREATMENT SEMINAR
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SJ Berwin and The Resource Forum are hosting a workshop which will provide a briefing and up-date on a topic which is of increasing relevance, as ‘waste’ materials are considered of value as a resource. Short presentations on Energy from Waste and Anaerobic Digestion will highlight the opportunities offered by new technologies. Amongst our panel of experts will be Angus Evers, Partner and Head of Environment at SJ Berwin and Dr Adam Read of AEA Technology as our guest speaker, who has recently written in Recycling & Waste World on the planning delays and public opposition to waste facilities, which is one of the biggest barriers facing the UK as it strives to meet its own (and the EU’s) targets in the coming years. For further details, please contact Claire Elliot.
 

 
Warning! This bulletin is not intended to offer professional advice and you should not act upon the matters referred to in it without taking specific advice. These regular bulletins provide incisive commentary on recent developments in cleantech and renewables. The views expressed in this bulletin are those of its author and not necessarily those of SJ Berwin LLP.

If you have any comments on the bulletin, or would like to receive further details on the subject matter, please send an email to Sophie.Meehan@sjberwin.com or call your usual point of contact at SJ Berwin. If you would like to republish this bulletin or link to it from your website, please contact Sophie.Meehan@sjberwin.com .

SJ Berwin LLP is a limited liability partnership registered in England no OC313176. It is regulated by the Solicitors Regulation Authority. A list of the members of SJ Berwin LLP and of the non-members who are designated as partners is open to inspection at 10 Queen Street Place, London EC4R 1BE, its principal place of business and registered office. Any reference to a partner in relation to SJ Berwin LLP is to a member of SJ Berwin LLP or to an employee or consultant with equivalent standing. SJ Berwin LLP or an affiliated undertaking has an office in Berlin, Brussels, Dubai, Frankfurt, Hong Kong, London, Madrid, Milan, Munich, Paris, Shanghai and Turin. Although not authorised under the Financial Services and Markets Act 2000, SJ Berwin LLP can provide services relating to investments which are limited to those incidental to its legal services or excluded from regulation under the Financial Services and Markets Act 2000.

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