Ref. Ares(2020)3025851 - 11/06/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL
MARKETS UNION
MINUTES
Subject:
Meeting WindEurope on 28 June 2019
PARTICIPANTS:
WindEurope:
,
,
,
DG FISMA:
On 28 June 2019 a meeting between WindEurope representatives and DG FISMA
officials took place at WindEurope premises. The meeting was requested and organised
by WindEurope with the aim to present the challenges wind companies face.
By way of introduction, WindEurope represents the wind industry, actively promoting
wind power in Europe and worldwide. In addition to wind turbine manufacturers with a
leading share of the world wind power market, WindEurope membership encompasses
component suppliers, research institutes, national wind and renewables associations,
developers, contractors, electricity providers, finance and insurance companies, and
consultants.
WindEurope presented the following concerns:
I.
LAND LEASE PRICES
Land lease prices is the key problem for wind companies to start running projects. There
are specific places in Europe where land lease prices are extremely high. In this respect,
WindEurope stressed that public owned land is very expensive.
WindEurope projects are related to the installations of windmills, wind farms, the
distribution of energy through the power grid and the entire supply chain. To start
running projects, wind companies have to first pay the lease, plus they have to obtain
several permits related to the habitat, the noise etc. Most of the companies are already
established in the country where they want to run a project.
It has been explained that wind turbines allow the land to be kept arable and the livestock
to stay there. Certain turbines are managed by farmers’ community.
In this context, DG FISMA explained its role with regard to the application of free
movement of capital principle and that acquisition or lease of agricultural land is in its
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remit. It also briefly presented the 2017 Interpretative Communication on the Acquisition
of Agricultural Land.
To conclude on this point, WindEurope stated that although the sector has a lot of capital,
nonetheless there are not enough projects due to the difficulties explained above.
II.
INVESTMENT PROTECTION
WindEurope is interested in the future of investment protection in the energy sector and
in particular in the future developments of the Energy Charter Treaty (ECT).
Irrespective of what may be decided on the intra-EU applicability of the ECT,
WindEurope considers the following two mechanisms of dispute resolution to be
essential: 1) an out of court dispute settlement, like mediation that could bring the parties
to a gentlemen agreement, and 2) fast track investment court that would act as
enforcement body that could replace the arbitration tribunal.
WindEurope is highly interested that legitimate expectations and legal certainty are
respected once national legislators decide to modify the investment environment in a
specific country.
In this context, DG FISMA recalled its role in encouraging and protecting investment in
the EU and mentioned its dialogue with Member States, calling on them to take action to
terminate the intra-EU BITs.
III.
CONCLUSION
As conclusion, it has been decided that WindEurope will send to DG FISMA information
and studies demonstrating the problems related to Land lease prices.
Should DG FISMA organise a workshop on investment protection towards the end of
2019, WindEurope will be invited to participate.
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