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Page 1: Climate change practice: Carbon 2012/2013 - Home | Linklaters...Linklaters is renowned throughout the sector for its work on complex and high value matters. Environment and Climate

Climate change practice: Carbon 2012/2013

Forward thinking.

Page 2: Climate change practice: Carbon 2012/2013 - Home | Linklaters...Linklaters is renowned throughout the sector for its work on complex and high value matters. Environment and Climate

Linklaters is renowned throughout the sector for its work on complex and high value matters.Environment and Climate Change, Chambers UK 2011

Climate change practice: Carbon 3

Climate change is a critical challenge for business. Its effects are already being felt, and threaten to cause fundamental changes to our way of life.

Following the last ditch agreement in Durban, the UN-led international negotiations remains relevant, but whether the Durban Platform ultimately acts a springboard to a binding global compact remains uncertain. Yet Governments continue to deploy new laws and legislation to address climate risks. This rollout of new national climate legislation continues to impact businesses worldwide.

The impetus to address climate change creates market and business opportunities and poses additional business risks. The growth of low carbon economies is high on the agenda for governments and businesses around the globe are looking to take advantage. Businesses need authoritative, assured legal guidance to enable them to adapt to the changing regulatory environment, to incorporate their response to climate risks into their corporate strategies and to develop new carbon-related products.

Linklaters has a specialist group of climate change lawyers, based around our international network, which advises businesses on all their climate change related legal requirements. The group incorporates the resources and expertise of our top-tier corporate, tax, funds, derivatives and projects teams.

Our clients include corporates, financial institutions, hedge funds and social enterprises, as well as governments. We have advised in connection with carbon finance transactions covering the full spectrum of potential deal structures, including:

> equity investments;> carbon funds (compliance

and financial);> carbon off-takes (project-dependent or

firm; floating or fixed price);> pre-pays;> carbon financings;> credit packages;> structured carbon trades;> carbon-linked notes.

Ready for change. We have developed market-leading expertise in relation to negotiating and structuring ERPAs (Emissions Reduction Purchase Agreements) and EU ETS market risk, including ‘stolen’ EUAs, eligible CERs and phase III EU ETS trading. Clients come to us for strategic and advisory guidance to our clients, covering advice on carbon funds, carbon trading, sustainable finance, environmental litigation and strategic risk management in relation to sustainable investment policy.

The group is actively engaged in climate change initiatives, providing expertise, thought leadership and guidance for business. We are active members of ISDA (International Swaps and Derivatives Association), IETA (International Emissions Trading Association) and CMIA (Carbon Markets and Investors Association) and contribute regularly to the development of new market standard trading documentation.

Our climate change group is structured to deliver the wrap around advice, support and transaction management that meets all of our clients’ climate change-related legal requirements. The team’s efforts were recognised in the Best Law Firm category of the Environment Finance voluntary carbon market survey 2012.

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Climate change practice: Carbon 5Linklaters4

Highlights from our team’s experience.

Acquisition of ClimateCare: advising JPMorgan Chase on the acquisition and integration of ClimateCare into its environmental markets business. ClimateCare is one of the leading providers of offset services to consumers and businesses and has a significant origination business. The transaction involved detailed due diligence of ClimateCare’s credit portfolio, considerable structuring advice and advice on sector-specific regulatory risks.

Regions: Europe Sectors: JI

Adaptation Fund: advising the World Bank on its role as trustee and on the monetisation of the Adaptation Fund.

Regions: Americas, Asia / Middle East, Europe Sectors: CDM

Biomass: advising the lenders on the financing of the Sleaford biomass power generation project, the first financing of a UK biomass project for many years. In order to enable the project to reach financial close extensive advice was required on the UK regimes on for supporting straw biomass as a source of renewable energy. Biomass has a crucial role to play in the successful achievement of the UK’s 2020 renewables target.

Regions: Europe Sectors: Forestry

CDM: advising International Finance Corporation in relation to a multi-tranche acquisition of carbon credits from a waste-heat recovery project in India registered as a Clean Development Mechanism (CDM) project activity.

Regions: Asia / Middle East Sectors: CDM

CDM/JI: advising carbon company Greenstream Network Plc on its role of carbon manager in the EBRD’s Multilateral Carbon Credit Fund, including drafting fund structure documentation employing an innovative structure to ringfence liabilities and minimise cross-default risk.

Regions: Europe Sectors: JI

Financial Regulation: advising multilateral development bank on regulatory issues arising from trading carbon in the U.S., Asia and Europe.

Regions: Americas, Asia / Middle East, Europe

Green Bonds: acting for Daiwa Securities SMBC Europe Limited as dealer and lead manager in relation to the USD 25m CER-linked notes due 2013 issued by the International Bank for Reconstruction and Development – this deal achieved landmark status in the mtn-i Landmark Deal Awards 2008.

Regions: Asia / Middle East Sectors: CDM

Green Bonds: advising Mitsubishi UFJ Securities as dealer and lead manager on the issue of CER Structured Notes by the International Bank for Reconstruction and Development.

Regions: Asia / Middle East Sectors: CDM

China CDM: advising an international investment bank on the acquisition of interest in an existing carbon company CER acquisition vehicle under the World Bank Umbrella Carbon Fund.

Regions: Asia / Middle East Sectors: CDM

CDM: advising banks, governments, hedge funds and corporates in relation to numerous secondary market trades (including CER/EUA swaps) and related standard form documentation.

Regions: Europe Sectors: CDM

CDM: advising the Grand Duchy of Luxembourg on its carbon procurement programme, including all legal aspects relating to its acquisition of CERs from a landfill gas project in El Salvador and three wind farm projects in China.

Regions: Americas, Asia / Middle East, Europe Sectors: CDM

CDM: advising a major broker in relation to the establishment of an auctioning platform and related documentation.

Regions: Europe Sectors: CDM

EU ETS: advising a Portuguese cement producer in relation to complex EUA/CER swap agreement

Regions: Europe Sectors: CDM, EU ETS

Forest Carbon Fund: advising a large European financial institution on the establishment of a global forestry fund.

Regions: Europe Sectors: VER, Forestry

IETA: co-chairing IETA’s US Drafting Committee on the preparation of a US annex to the IETA master carbon purchase agreement, and a leading member of the Drafting Committee for the Phase III EU ETS documentation.

Regions: Americas, Europe Sectors: EU ETS, CAR

JI Ukraine: advising a major investment bank on its negotiation of a Track 1 JI ERPA with a Ukrainian counterparty in respect of a Ukrainian district heating system project, including providing advice on a number of complex, cross jurisdictional delivery risk and transfer issues, as well as liaising with local counsel to resolve several thorny local law issues.

Regions: Europe Sectors: JI

JI Eastern Europe: advising JBIC and the commercial lenders on the financing of the first wind farm in Bulgaria at Kaliakra, financed in part by the revenue from the sale of emission reduction units (ERUs) under the Kyoto Protocol.

Regions: Europe Sectors: JI

JI Russia: advising an investment bank out of both our London and Moscow offices in its negotiation of a tripartite investment agreement for the purchase of ERUs from a project in Russia that has now delivered ERUs to the counterparty.

Regions: Europe Sectors: JI

REDD: assisting an African government and a Liberian NGO, each on a pro bono basis, in relation to REDD, forestry and land-use rights, in particular drafting legislation relating to land and eco-system rights in forest areas.

Regions: Africa Sectors: Forestry

Renewables: advising the lenders on the £1.045m project for the construction of a 270MW offshore wind farm. The deal will be the first limited recourse construction financing for offshore wind in the UK and the first to financing to address the issues of disposing of an offshore transmission assert. It will also be one of the largest ever financings for offshore wind.

Regions: Europe

South America CDM: advising a large chemicals company on all matters relating to the CDM and sale of CERs from its Quimobàsicos HCFC plant, one of the few developing country sellers to have been selling through an auction process.

Regions: Americas Sectors: CDM

US Strategic Partnership: advising a European investment bank on the contemplated strategic partnership with a key US offset aggregator.

Regions: Americas, Europe Sectors: VER

US CAR Offtake: advising a large oil and gas company on the contemplated purchase of Climate Reserve Tonnes and other carbon credit transaction opportunities.

Regions: Americas Sectors: VER, CAR

U.S. Emissions: advising a U.S. investment bank on its ground-breaking strategic alliance with Blue Source LLC, including the purchase of an equity stake in Blue Source LLC. The strategic alliance combines the bank’s global leadership in commodities trading and financial risk management with Blue Source’s leading climate change portfolio.

Regions: Americas Sectors: VER

U.S. Market: advising a leading asset manager on the establishment and capital raising of a carbon fund focusing exclusively on forestry projects located in the U.S.

Regions: Americas Sectors: Forestry

U.S. Market: advising a private equity fund on an equity investment and long-term partnership with a carbon aggregator specialising in U.S. ag-soil offset projects.

Regions: Americas Sectors: VER, CAR

U.S. Market: advising the Climate Action Reserve on issues arising on connection with the Forestry Protocol v.3 and the programme’s potential expansion into Canada.

Regions: Americas Sectors: Forestry, CAR

Forestry CDM project: assisting a community based project developer in relation to a ground breaking agro-forestry project in the Democratic Republic of Congo. The project will sequester CO2 through a unique combination of fast-growing plantations and the reduction of soil erosion and deforestation. Social benefits also include the supply of charcoal to the capital city, Kinshasa, through sustainable fuel-wood production and the creation of local jobs. The project is the first of its kind to seek to combine accreditation under both the CDM and the VCS in parallel.

Regions: Africa Sectors: CDM, Forestry

VERs: advising on one of the largest offsetting services agreements in the voluntary market to date, between a leading investment bank and a consumer products manufacturer. The deal closed at the height of the current financial crisis, creating a challenging environment for negotiation of commercial and legal terms.

Regions: Americas, Asia / Middle East, Europe Sectors: VER

EU ETS: advising the Department of Energy and Climate Change (part of the UK Government) in relation to the establishment of Phase III Auctions for EU Allowances (ongoing).

Regions: Europe Sectors: EU ETS Equity Investment: advising a leading investment bank on its structured investment in a carbon project developer/broker, using equity as collateral for the investment, which provides for preferential profit sourcing for the client.

Regions: Asia / Middle East Sectors: CDM Equity Investment: advising a trading house in relation to the acquisition of a minority stake in a carbon aggregator.

Regions: Europe Sectors: VER Asset Sale: advising a major energy producer in relation to the sale of a number of CDM projects along with related operation and maintenance activities.

Regions: Europe Sectors: CDM Fund Investment: advising a leading European Investment bank on its acquisition of interests in three Natsource managed CER buyer pool funds. We advised the client on the key risk issues under each fund and on the requirements for the overarching agreement by which the client purchased the interests.

Regions: Europe Sectors: CDM Public Offer: advising Barclays Capital in relation to its successful public offer for carbon developer Tricorona, listed in Sweden. This was one of the top three carbon transactions by value and importance in 2010, and the first public acquisition by Barclays in a number of years.

Regions: Europe Sectors: CDM, EU ETS

Chevron: advising Chevron on an on-going basis on policy, advocacy, transactional and compliance matters arising under the California cap-and-trade program. This includes making submissions to the California Air Resources Board on a wide range of issues.

Regions: Americas Sectors: CAR Post 2012 Fund: advising International Finance Corporation (“IFC”), a member of the World Bank Group, in the establishment of the carbon facility for the forward purchase of post-2012 carbon units from projects to which it has lent money. Under the facility IFC will enter into emission reduction purchase agreements for the purchase of carbon units from those projects. IFC will then sell on the units to other purchasers, who currently consist of Shell Trading International Ltd and Mercuria Energy Trading SA. The Master Purchase Agreement setting up this structure was signed on the 31 January. Other purchasers will accede to the Master Purchase Agreement in later financing rounds. This deal is one of the first looking at the post-2012 carbon market in relation to which there is significant regulatory uncertainty as to the usability of different types of carbon credits. The structure provides the maximum flexibility to IFC to take into account such changes, while ensuring that it has a firm commitment from underlying purchasers.

Regions: Americas, Asia / Middle East, Europe Sectors: CDM, EU ETS Offset Litigation Intervention: helping set up and launch an industry-wide coalition to intervene in a lawsuit filed by various environmental groups in San Francisco to strike down the offset provisions of California’s cap-and-trade program.

Regions: Americas Sectors: CAR EU ETS: advising a number of leading market participants including investment banks on their Phase III EU ETS trading documents.

Regions: Europe Sectors: EU ETS

Linklaters’ signature carbon deals.

US Offsetting: advising a US investment bank in relation to the purchase and onward sale of a portfolio of carbon offsets, in the largest publicly announced US offset deal to date. The client marketed the credits generated by forestry, landfill and coal mine methane carbon offsetting projects in the US for Blue Source, which were then on-sold. The forestry offsets included those generated by the Alligator River Avoided Conversion Project. This was the first project outside California to be listed, under the Climate Action Reserve’s updated forest project protocol (version 3) and involved convincing farmers in North Carolina not to cut down trees despite having permits to do so.

Regions: Americas Sectors: VER, Forestry CDM Rule of Law: advising a project developer on its legal rights and obligations in the UN CDM executive board investigation into the use of a CDM Methodology for HFC 23 destruction. Work included advising the project on its response to the investigation, including dealing with issues such as absence of rights of redress, suspension of issuance and concepts the rule of law in the climate mechanisms.

Regions: Americas Sectors: CDM Government Purchase Fund: advising DECC (Department for Energy and Climate Change) on the UK Government’s carbon offsetting scheme (GCOFII). The matter involved extensive discussions with DECCon contracts approach and drafting a comprehensive framework contract to be entered into with multiple carbon offsetting providers. The contract is seen in the market as a precedent to be adopted.

Regions: Europe Sectors: CDM Novel Investment Structure: advising a leading investment bank in relation to counterparty solvency risk and restructuring of an existing trade into which the client was buying, the transaction being structured as a quasi option to flip the existing structure into a new framework should the client wish to exercise.

Regions: Europe Sectors: CDM, EU ETS Environmental Commodities: advising in relation to a number of biomass supply agreements including compliance with the requisite sustainability requirements.

Regions: Europe Sectors: Forestry

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Climate change practice: Carbon 7Linklaters6

Our core team.

New YorkJean-Philippe BrissonTel: (+1) 212 903 [email protected]

Don MacbeanTel: (+1) 212 903 [email protected]

Tracy FengTel: (+1) 212 903 [email protected]

Michael DreibelbisTel: (+1) 212 903 [email protected]

Sao PaoloEduardo LimaTel: (+55) 113 024 [email protected]

Paula ChaccurTel: (+55) 113 024 [email protected]

MelbourneGrant AndersonTel: (+61) 39 613 [email protected]

LisbonMarta AlmeidaTel: (+35) 12 1864 0029 [email protected]

Vera EiróTel: (+35) 12 1864 0020 [email protected]

Madrid

Warsaw

Moscow

José GimenezTel: (+34) 91 399 [email protected]

Agnieszka KoniewiczTel: (+44) 20 7456 [email protected]

Hugo StolkinTel: (+7) 495 797 [email protected]

Roberto SanchezTel: (+34) 91 399 [email protected]

ParisPaul LignièresTel: (+33) 1 56 43 57 [email protected]

Marc PeronneTel: (+33) 1 56 43 58 [email protected]

LondonVanessa Havard-WilliamsTel: (+44) 20 7456 [email protected]

Chris StaplesTel: (+44) 20 7456 [email protected]

John PickettTel: (+44) 20 7456 [email protected]

Rhian RobertsTel: (+44) 20 7456 [email protected]

Melanie ShankerTel: (+44) 20 7456 [email protected]

Sara PriestleyTel: (+44) 20 7456 [email protected]

Berlin Singapore Beijing

Tokyo

Hong Kong

Markus AppelTel: (+49) 302 1496 [email protected]

Nathan DoddTel: (+65) 6890 [email protected]

Eric LiuTel: (+86) 21 2891 [email protected]

Hirofumi TabaTel: (+81) 362 121 [email protected]

Mark AgrasutTel: (+852) 2901 [email protected]

Anna BurghardtTel: (+49) 302 1496 [email protected]

Richard GinksTel: (+65) 6890 [email protected]

Chin Chong LiewTel: (+852) 2842 [email protected]

Jörg FriedTel: (+49) 302 1496 [email protected]

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Climate change practice: Carbon 9Linklaters8

Biographies.

Americas

Jean-Philippe Brisson New YorkTel: (+1) 212 903 [email protected]

Jean-Philippe heads Linklaters’ U.S. Environment and Climate Change Practice. He has more than 14 years of experience advising clients on all aspects of climate change compliance issues and carbon transactions. JP was previously Vice President in Goldman Sachs’s Global Commodities business, where he helped establish the Goldman U.S. carbon desk that ran and closed a number of landmark transactions. JP is currently co-chair of IETA’s Drafting Committee on the preparation of an US annex to the IETA master carbon purchase agreement and a registered lobbyist in California where he assists clients on policy matters. JP is ranked by Chambers in the US (national) for his work on climate change matters.

Don Macbean New YorkTel: (+1) 212 903 [email protected]

Don is a Senior Associate in the New York office, specializing in derivatives and structured finance. Don has extensive experience on advising clients on the California cap-and-trade program, and is a member of the IETA US Drafting Committee. Don also has significant experience with commodities, and has advised clients on a broad range of commodity-related transactions, including crude oil monetizatations as well as swaps and other derivatives referencing power, bullion, oil and carbon credits. Don regularly advises on transactions with Latin American clients, and recent matters include a sovereign bond offering secured by hydrocarbon concession fees, and a project bond for the refinancing of a drill ship.

Tracy Feng New YorkTel: (+1) 212 903 [email protected]

Tracy is an Associate in the New York office. Tracy has been actively involved in advising companies on the California cap-and-trade program, and her work includes researching and drafting comment letters and memoranda for submission to the California Air Resource Board. She also has experience working on a variety of international structured finance and derivatives transactions including credit derivatives, hedge fund financing, structured notes, life insurance products, and commodity-related transactions (crude oil and wind energy). She has also contributed to Dodd-Frank knowhow development within Linklaters and is part of the ISDA Dodd-Frank Documentation Initiative Working Group.

Michael Dreibelbis New YorkTel: (+1) 212 903 [email protected]

Michael is a member of Linklaters’ Corporate practice in New York. He has extensive experience in advising on many aspects of energy and environmental regulation, including California’s cap and trade program and other clean energy programs. Michael also has advised on the regulation of hydraulic fracturing in the US as well as on environmental aspects of numerous transactions. Michael is a member of the IETA Working Groups for the US, Canada, and Europe.

Paula Chaccur Sao Paulo LefosseTel: (+55) 11 30 24 [email protected]

Paula is a Consultant in our Sao Paulo office with particular expertise in environmental law and civil litigation. She has great experience in advising on the environmental aspects of multijurisdictional corporate, project finance and real estate transactions on topics including liability transfer, due diligence and corporate social responsibility. Paula is also a specialist practitioner in the environment litigation area.

Asia

Nathan Dodd SingaporeTel: (+65) 6890 [email protected]

Nathan is of Counsel in our Singapore office and has considerable experience of energy and finance projects in South East Asia, including recent experience of projects in India, Thailand, Brunei, Pakistan, Philippines, Indonesia and Bangladesh. Nathan has advised investment and development banks, global industrials and project developers in relation to monetising emissions reductions and on transacting in the secondary market.

Richard Ginks SingaporeTel: (+65) 6890 [email protected]

Richard is a Partner in our Global Projects practice based in Singapore and has extensive experience advising on the development, acquisition and financing of assets in the energy sector, in particular clean energy assets. Recent experience includes acting for corporates and financial institutions in relation to solar, wind and geothermal projects across Asia, including in the PRC, Thailand, Indonesia and the Philippines. Mark Agrasut Hong KongTel: (+852) 2901 [email protected]

Mark is a Managing Associate in our Banking and Projects practice, based in Linklaters’ Hong Kong office. He has experience in a broad range of conventional and renewable power transactions spanning a range of jurisdictions across Asia and Europe. In addition, Mark has also advised on a number of emissions trading transactions, including Post-2012 transactions and CER prepayment financings, most recently whilst seconded to a major Asia-Pacific utility active in development of renewable energy projects. Chin Chong Liew Hong KongTel: (+852) 2842 [email protected]

Chong is a Partner in the Hong Kong office with deep experience of derivatives transactions. He advises market participants in relations to trading CERs from a Hong Kong law perspective and is an important part of our Asia Climate Change Practice.

Eric Liu BeijingTel: (+86) 21 2891 [email protected]

Eric is a Chinese law qualified Managing Associate in our Shanghai office with considerable experience in emissions trading contracts, CDM projects and procedures and carbon procurement vehicles. He advises regularly on all aspects of Chinese commercial law with respect to project finance, joint ventures and structured investment products in the People’s Republic of China. Eric regularly advises investors in relation Chinese regulatory issues and on discussions with regulators including the NDRC. Eric is fluent in Mandarin and English.

Hirofumi Taba TokyoTel: (+81) 362 121 [email protected]

Hirofumi is a Managing Associate in the Tokyo office. His practice involves advising leading banks and financial institutions and he has recently negotiated with the Japanese Financial Services Agency on regulatory issues relating to carbon trading. He also assisted in relation to the acquisition by a Japanese corporate of Kyoto allowances using a Japanese trust. Hirofumi is currently on secondment in London.

Australia

Grant Anderson MelbourneTel: (+61) 39 613 [email protected]

Grant is a Partner in Allens’ Melbourne office who is an energy sector specialist and also heads the Allens Climate Change Group. He has assisted clients in drafting submissions and lobbying government on the current carbon pricing scheme, and advises on compliance with carbon-related legislation such as the Clean Energy Act, the National Greenhouse and Energy Reporting Act and the Energy Efficiency Opportunities Act. In addition, Grant advises project proponents and financiers in the energy, resources and forestry/land sectors on the contractual arrangements required to allocate carbon liabilities and costs as well as on the establishment of those projects. Chambers Global 2012 Edition states that Grant “draws praise for the combination of commercial astuteness,

technical expertise and equanimity which he brought to one particularly difficult series of negotiations”.

Europe

Vanessa Havard-Williams LondonTel: (+44) 20 7456 [email protected]

Vanessa is a Partner and Global Head of the Environment and Climate Change Practice. She has extensive experience in relation to the development of new climate and sustainability regulation and its application to project finance, funds, real estate and M&A transactions. She is the leading legal expert on the application of sustainability policies to commercial transactions, including carbon finance, and advises on climate policy for the built environment, energy efficiency regulation and climate litigation. Chambers UK 2012 recognised Vanessa’s expertise, describing her as “tactical and commercial” and offering a “very good understanding of environmental regulation and of the financial sector”.

Chris Staples LondonTel: (+44) 20 7456 [email protected]

Chris is a Partner in the Environment and Climate Change Practice and a specialist in carbon finance and climate change and environment-related energy regulatory issues. He is widely recognised as one of the UK’s leading specialists in this area. Chris’s regular clients include European Governments, leading investment banks, hedge funds and corporates. In particular, Chris specialises in structuring complex emissions transactions and has worked on some of the largest structured emissions trades and carbon investments in recent years. Chambers Global 2012 recognised Chris’s expertise, describing him as “very knowledgeable and impressive and rated very highly by his peers for his commitment to climate change work”.

John Pickett LondonTel: (+44) 20 7456 [email protected]

John is a Partner with 12 years of experience of financings in the clean energy sector around the globe.John advises a wide range of market participants on the development, acquisition and financing of assets in the clean energy sector and on the trading of

green certificates and other environmental commodities, including carbon. He is widely regarded as the go to adviser in relation to “first of a kind” renewables financings and has led on many of the most significant deals in this sector in recent times. Chambers UK recognised John for his “strong reputation in the market” and his “drive to get transactions done and over the line”.

Melanie Shanker LondonTel: (+44) 20 7456 [email protected]

Melanie is a Managing Associate who focuses on carbon trading and climate change law advice. Melanie has extensive experience of climate change matters. She has advised on all legal aspects of carbon funds and managed accounts business, including the structuring, negotiating and drafting of ERPAs and other carbon finance documentation. Melanie’s experience also includes the monitoring of and advising on relevant regulatory developments in the Carbon Market, including post-2012 issues. Prior to joining Linklaters in 2011, Melanie was in-house counsel for five years at Climate Change Capital, investment manager to the largest private carbon fund in the world.

Sara Priestley LondonTel: (+44) 20 7456 [email protected]

Sara is an Associate in the Environment and Climate Change Practice and has a variety of experience of energy and climate change law matters as well as M&A expertise including the disposal of upstream oil & gas assets in a variety of jurisdictions, due diligence of offshore windfarm projects and advising in relation to carbon offsetting schemes. Sara has also spent nine months on secondment to BP Alternative Energy where she advised on a variety of climate change law matters including in relation to BP’s Target Neutral carbon offsetting scheme.

Rhian Roberts LondonTel: (+44) 20 7456 [email protected]

Rhian is a Counsel specialising in a wide range of commodity derivatives transactions including carbon derivatives. Relevant advice includes advising Daiwa Securities SMBC Europe Limited as dealer and lead manager in relation to the USD 25m CER-linked notes due 2013 issued by the International Bank for Reconstruction and Development.

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Agnieszka Koniewicz WarsawTel: (+44) 20 7456 [email protected]

Agnieszka is a Polish qualified legal adviser and associate at Linklaters Warsaw office, specialising in energy sector regulation. With considerable experience in M&A and real estate transactions, Agnieszka is primarily responsible for energy law advice. Recently she advised in relation to regulatory approval and requirements for EUA trading in Poland. Agnieszka advises a number of international companies and consortiums on energy law, including due diligence, negotiations and agreement drafting, as well green certificate trading and emission trading issues. Markus Appel BerlinTel: (+49) 302 1496 [email protected]

As Counsel, Markus manages our Environment and Climate Change practice in Germany. He has many years experience advising clients on environmental and regulatory risks and liabilities arising in permit procedures for industry and infrastructure projects and in transactions. His recent experience includes advising clients in approval procedures for energy projects, as well as advising industrial corporates and banks in several renewable energy transactions and on emission trading. Markus regularly publishes in environmental law journals and speaks at expert conferences on environment and climate change issues.

Anna Burghardt BerlinTel: (+49) 302 1496 [email protected]

Anna is a German qualified Attorney and works in Berlin in our Environment and Climate Change practice. She wrote her doctoral thesis in the field of international environmental law and is admitted to the New York Bar Association. Her recent experience with environmental matters includes advising industrial corporates in several renewable energy transactions and an international bank in emission trading issues.

Jörg Fried BerlinTel: (+49) 302 1496 [email protected]

Jörg is a German Attorney (Rechtsanwalt) and Solicitor (England & Wales) and works as Counsel in the areas of energy and carbon trading, financial derivatives and structured finance. Jörg has many years’

experience advising on transacting carbon credits and other energy commodities, including under ISDA, IETA and EFET documentation.

Marta Almeida LisbonTel: (+35) 12 1864 0029 [email protected]

Marta is an Associate in our Lisbon office. She has professional experience centred on providing legal advice in securities and banking law, and in particular in credit institutions and financial companies regulations. Considerable experience in litigation, particularly in the capital markets area.

Vera Eiró LisbonTel: (+35) 12 1864 0020 [email protected]

Vera is an Associate specialist in Public Law. She has considerable experience in Energy Regulation and Environmental Law. Vera regularly advises Portuguese companies on environmental law issues and opportunities.

José GimenezMadridTel: (+34) 91 399 [email protected]

José is a Partner and the head of the Public Law and Regulated Sectors practice. He has broad advisory and contentious experience advising large corporations in sectors with a strong regulatory component, an area in which he is regarded as one of the top experts in the Spanish market, as well as in project finance transactions. José has wide experience in Renewables Energy sector advising in a number of very different areas like promotion and development, acquisition of installations, implementation of technical restrictions, among others.

Roberto Sanchez MadridTel: (+34) 91 399 [email protected]

Roberto is a Managing Associate of the Public Law and Regulated Sectors practice in Madrid. He has a wide experience advising large corporations in relation to climate change matters. He is focused on Renewable Energy, advising the largest companies in this sector and he is always involved in every deal with a strong regulatory component.

Paul Lignières ParisTel: (+33) 1 56 43 57 [email protected]

Paul is a Partner and Head of the Public Law department at Linklaters in Paris. He is also the managing partner of the Paris office. He has over 18 years’ experience in public law, notably in energy law and environment law. He has been continuously ranked by Chambers as a first tier leading lawyer in Public Law and he is also ranked in the highest category for PPP/PFI. Paul has been involved in a wide range of landmark transactions in regulated industries, projects and high profile litigation.

Marc Peronne ParisTel: (+33) 1 56 43 58 [email protected]

Marc is a Partner in Paris and is in charge of the financial regulation group of the Paris office. His practice focuses on banking and financial law and the regulation of financial markets and financial instruments. He also leads our carbon finance practice in Paris. Recent matters of relevance include advising on the structuring and setting up of a carbon forestry fund, advising a group of industrial and financial sponsors on structuring a carbon fund, advising the UK Government in relation to the French regulatory requirements applicable to trading platforms, advising in relation to a long term carbon trade with the French Government and advising in relation to the treatment of stolen allowances under French Law.

Hugo Stolkin MoscowTel: (+7) 495 797 [email protected]

Hugo is a Partner in our Moscow with considerable experience of advising Russian corporates and financial institutions and ‘expertise’ on inward investment into Russia. He has a particular focus on energy and natural resources being involved in some of the most significant Russian deals of recent years. Through his sector focus, Hugo has been actively involved in advising on investment in Joint Implementation (JI) projects in the Russian Federation and on the Russian regulatory process for JI project approval.

They always meet our needs and go beyond them. They’re extremely proactive and collaborative in that regard.Environment and Climate Change, Chambers UK 2011

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Linklaters LLP is a limited liability partnership registered in England and Wales with registered number OC326345. The term partner in relation to Linklaters LLP is used to refer to a member of the LLP or an employee or consultant of Linklaters LLP or any of its affiliated firms or entities with equivalent standing and qualifications. A list of the names of the members of Linklaters LLP and of the non-members who are designated as partners and their professional qualifications is open to inspection at its registered office, One Silk Street, London EC2Y 8HQ, England or on www.linklaters.com.

Please refer to www.linklaters.com/regulation for important information on our regulatory position.

© Linklaters 2012

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