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Energy & Climate Change

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15/06/2022
The former Mo­scow of­fice of CMS to con­tin­ue work­ing as an in­de­pend­ent law...
On 15 June 2022, the former Mo­scow of­fice of the in­ter­na­tion­al law firm CMS an­nounces the start of work as an in­de­pend­ent law firm un­der the new brand name SEAM­LESS Leg­al.Over 80 col­leagues of the Mo­scow of­fice con­tin­ue work­ing as one team, led by Man­aging Part­ner Jean-Fran­cois Mar­quaire and Seni­or Part­ner Le­onid Zubar­ev.We keep ad­vising our cli­ents across all 23 prac­tices and sec­tors: We lean on 30 years of ex­pert­ise and an im­pec­cable repu­ta­tion as part of an in­ter­na­tion­al law firm. We have al­ways abided by strict pro­fes­sion­al stand­ards and will con­tin­ue provid­ing ser­vices of the highest qual­ity. Jean-Fran­cois Mar­quaire, Man­aging Part­ner: “We are proud of hav­ing been able to cre­ate and pre­serve a united team with a friendly cor­por­ate cul­ture and re­spons­ible at­ti­tude to our busi­ness.”Le­onid Zubar­ev, Seni­or Part­ner: “Our new brand SEAM­LESS Leg­al most ac­cur­ately re­flects the ap­proach to work that has de­veloped over the years in our firm – in­teg­rity and co­her­ence, im­pec­cab­il­ity, con­tinu­ity and un­in­ter­rup­ted sup­port to our cli­ents at any time."
01/06/2022
Sakhal­in car­bon ex­per­i­ment law to come in­to force on 1 Septem­ber 2022
The leg­al frame­work for the pos­sible mod­el of car­bon reg­u­la­tion in Rus­sia has been es­tab­lished in a Fed­er­al Law* ad­op­ted on 6 March 2022 (the “Law”). This mod­el will be tested dur­ing the ex­per­i­ment in the Sakhal­in Re­gion from 1 Septem­ber 2022 to 31 Decem­ber 2028.The main goal of the ex­per­i­ment is to achieve car­bon neut­ral­ity in Sakhal­in by the end of 2025.The ap­proved car­bon man­age­ment mod­el will likely be ex­ten­ded to oth­er re­gions of the Rus­si­an Fed­er­a­tion if the ex­per­i­ment proves suc­cess­ful.Main pro­vi­sions of the LawThe Law in­tro­duces quotas for green­house gas emis­sions as a new in­stru­ment for car­bon reg­u­la­tion and as the basis of the ex­per­i­ment.A quota is defined as a cer­tain amount of al­low­able green­house gas emis­sions an­nu­ally set by the com­pet­ent body for reg­u­lated com­pan­ies, based on an ap­proved meth­od­o­logy, to achieve car­bon neut­ral­ity. The re­gion­al gov­ern­ment will ap­prove the list of such com­pan­ies.If a com­pany ex­ceeds the es­tab­lished quota, it will be charged at rates that the Rus­si­an gov­ern­ment will ap­prove. On the con­trary, if the quota for the ac­count­ing year is met, units of ful­fil­ment of the quota in an amount cor­res­pond­ing to the dif­fer­ence between the es­tab­lished quota and the ac­tu­al mass of green­house gas emis­sions will be cred­ited to the ac­count of the or­gan­isa­tion in a spe­cial re­gister.Sub­sequently, the com­pany may cred­it such im­ple­ment­a­tion units to its ac­count in the re­gister to meet its as­signed quota or the com­pany may trans­fer them to an­oth­er en­tity for which they are ne­ces­sary to meet its own quota. In this way, the pre­requis­ites for the emer­gence of a mar­ket for trad­ing in quota im­ple­ment­a­tion units are cre­ated.In ad­di­tion to quotas, the Law en­vis­ages oth­er mech­an­isms to reg­u­late emis­sions and ab­sorp­tion of green­house gases:• An in­vent­ory of emis­sions will be made once a year at the re­gion­al level.• Reg­u­lated or­gan­isa­tions will have to con­duct man­dat­ory car­bon re­port­ing.• Eco­nom­ic and fin­an­cial mech­an­isms that stim­u­late emis­sion re­duc­tions will be es­tab­lished. They may be real­ised in the form of tax cred­its for reg­u­lated or­gan­isa­tions or sub­sidies for the re­im­burse­ment of pro­duc­tion costs.Com­mentsIn con­trast to the pre­vi­ously ad­op­ted fed­er­al law on lim­it­ing green­house gas emis­sions (which we re­por­ted on earli­er), the Law stip­u­lates stricter reg­u­la­tion of green­house gas emis­sions and ab­sorp­tion in the ex­per­i­ment­al area through quotas.Even though im­ple­ment­ing reg­u­la­tions provided for by the Law in fur­ther­ance of its pro­vi­sions have yet to be en­acted, the rules the Law cre­ates are already a bold step for­ward in the cli­mate-change agenda.However, in the cur­rent cir­cum­stances, the suc­cess­ful im­ple­ment­a­tion of the ex­per­i­ment with­in the an­nounced time­frame raises le­git­im­ate con­cerns. It is very likely that, by the time the Law comes in­to force in Septem­ber 2022, the plans for the ex­per­i­ment will have to be sub­stan­tially re­vised due to the need to real­loc­ate budget­ary re­sources for oth­er needs.* In Rus­si­anCo-au­thored by Elena Foteeva, Paralegal in Real Es­tate.
14/03/2022
The Mo­scow of­fice of CMS to con­tin­ue as an in­de­pend­ent law firm
Dear FriendsWe have been through a lot dur­ing 30 years in Rus­sia. Now a dif­fi­cult de­cision has been taken by CMS to leave the Rus­si­an mar­ket. We are grate­ful to our in­ter­na­tion­al col­leagues for their...
28/01/2022
Leg­al de­vel­op­ments that may af­fect your busi­ness in 2022
CMS Rus­sia ex­perts have pre­pared their an­nu­al se­lec­tion of the most sig­ni­fic­ant leg­al de­vel­op­ments that may af­fect your busi­ness in Rus­sia in 2022.
01/11/2021
Do­ing busi­ness in Rus­sia
This is the new edi­tion of the CMS Do­ing busi­ness in Rus­sia guide. 
19/08/2021
The Re­new­able En­ergy Law Re­view 2021
After years of be­ing con­sidered an 'oil-and-gas coun­try', Rus­sia now has an ex­pand­ing re­new­able en­ergy sec­tor fol­low­ing a re­cent spate of for­eign in­vest­ment and the in­stall­a­tion and con­struc­tion of sev­er­al re­new­able en­ergy pro­jects.Read the Rus­sia chapter if the Re­new­able En­ergy Law Re­view 2021, pre­pared by Thomas Heidemann, Part­ner at CMS Rus­sia, and Dmitry Bog­dan­ov, Seni­or As­so­ci­ate at CMS Rus­sia. The chapter provides an over­view of the Rus­si­an reg­u­la­tions in the re­new­able en­ergy in­dustry.This art­icle was pre­pared for and first pub­lished by The Law Re­views in Au­gust 2021.
03/08/2021
The En­ergy Reg­u­la­tion and Mar­kets Re­view 2021
Rus­sia’s vast geo­graphy is an im­port­ant de­term­in­ant of its eco­nom­ic activ­ity. It has the world’s largest proven nat­ur­al gas re­serves and acts as the largest ex­port­er of nat­ur­al gas. It is also the second-largest ex­port­er of pet­ro­leum. Enorm­ous en­ergy re­sources en­able pro­du­cers to gen­er­ate elec­tri­city in thermal, hy­dro and nuc­le­ar power plants and by us­ing gas, oil and coal.Read the Rus­sia Chapter of the En­ergy Reg­u­la­tion and Mar­kets Re­view 2021, pre­pared by Thomas Heidemann, Part­ner at CMS Rus­sia, and Dmitry Bog­dan­ov, Seni­or As­so­ci­ate at CMS Rus­sia. The chapter provides an over­view of the Rus­si­an reg­u­la­tions in the en­ergy in­dustry, in­clud­ing elec­tri­city sec­tor, oil and gas sec­tor, re­new­able en­ergy and en­ergy ef­fi­ciency.This art­icle was pre­pared for and first pub­lished by The Law Re­views in June 2021.
16/06/2021
CMS In­fra­struc­ture In­dex: Ac­cel­er­at­ing trans­form­a­tion
The in­fra­struc­ture mar­ket has re­mained re­si­li­ent in the face of COV­ID-19. The CMS In­fra­struc­ture In­dex has ranked 50 coun­tries by their at­tract­ive­ness for in­fra­struc­ture in­vest­ment and it paints a very pos­it­ive pic­ture. Singa­pore tops the lead­er board, bolstered by the un­veil­ing of its Green Plan 2030 which aims to ad­vance sus­tain­able de­vel­op­ment and re­duce the coun­try’s car­bon foot­print. There are big spend­ing plans in every re­gion as gov­ern­ments seek to close in­fra­struc­ture gaps, re­cov­er from the pan­dem­ic and stim­u­late their eco­nom­ies.   Please click through the re­port or down­load the pdf ver­sion at the bot­tom of this page.
10/06/2021
CMS Rus­sia earns a re­cord num­ber of re­cog­ni­tions by Best Law­yers 2022
Strong re­cog­ni­tion by the rank­ing 32 CMS Rus­sia ex­perts have been se­lec­ted for in­clu­sion in­to the 2022 edi­tion of the Best Law­yers rank­ing. In total, we have earned 74 re­cog­ni­tions by the rank­ing :Ant­on...
27/04/2021
CMS CEE Ger­man Desk: Waste man­age­ment in Cent­ral and East­ern Europe - Part...
This is the third part of our we­bin­ar series "Waste man­age­ment in Cent­ral and East­ern Europe" pre­pared by CMS CEE Ger­man Desk ex­perts. The ses­sion will be ded­ic­ated to waste man­age­ment is­sues in Rus­sia...
22/04/2021
En­vir­on­ment, en­ergy ef­fi­ciency and re­new­ables
In this chapter of Do­ing busi­ness in Rus­sia, we dis­cuss the fol­low­ing as­pects of cli­mate change is­sues in the coun­try: en­vir­on­ment­al reg­u­la­tions, en­ergy ef­fi­ciency re­quire­ments and the re­new­ables sec­tor.
16/04/2021
CMS Rus­sia in The Leg­al 500 EMEA 2021
The 2021 edi­tion of The Leg­al 500 EMEA re­cog­nises CMS Rus­sia across 10 prac­tice areas and hon­ours 10 firm ex­perts CMS Rus­sia has been ranked this year in the fol­low­ing 10 cat­egor­ies:Bank­ing & Fin­ance:...