26.5.2023

Green transition is progressing but the permit system is lagging behind

The green transition is making great strides in the Nordics, and Finland is one of the leading countries in promoting the energy transition. As ways of advancing the transition, Finland has made record-high investments in green transition projects and made the official processing of permit applications more flexible.

There are currently several planned emission-free energy projects in Finland – and they are often unprecedented in the energy industry. For example, the production of wind power is being moved from land to sea, and green hydrogen is expected to provide solutions for the needs of energy production in traffic and industry, among others.

However, the regulation and permit systems have not managed to keep up with the pace. As the need of and demand for the green transition is great, projects will advance even if the permit system or regulation is not ready. For example, investors, developers and decision-makers are currently interested in the production of green hydrogen, but the reform of the Industrial Emissions Directive, which is being prepared in the EU, will most likely not be ready before the first hydrogen production plant projects have permits.

The situation forces companies to be creative and adapt to uncertain circumstances. It is possible that an appropriate permit system does not yet exist for the project or investment. As a result, project developers have a greater responsibility and role in designing and leading the permitting process.

Companies need to have a creative strategy, keep a cool head and find a strategic partner that provides them with business-friendly and solution-oriented thinking as well as experience in advancing new innovations.

Latest references

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We acted as Finnish law legal adviser to the lenders and the export credit agencies in connection with the EUR 514.4 million green project financing for the development and construction of Easpring Finland New Materials Oy’s cathode active material (CAM) manufacturing plant in Kotka, Finland. The borrower, Easpring Finland New Materials Oy, is a joint venture owned by Beijing Easpring Material Technology, Finnish Minerals Group and LG Energy Solution. The financing was provided by six international commercial banks, with Société Générale acting as financial adviser and mandated lead arranger together with Natixis as co-mandated lead arranger, and DNB, ICBC, ING and Standard Chartered participating as lenders, with support from the export credit agencies Finnvera and Sinosure. The project represents a significant milestone for Finland and the European battery value chain by strengthening Europe’s domestic supply of cathode active materials, a key component in lithium-ion batteries for electric vehicles and energy storage applications. Once the first phase of the project is operational, the Kotka facility is expected to produce approximately 60,000 tonnes of cathode active material annually, making it one of the largest CAM production plants in Europe and supplying leading battery manufacturers across Europe. 
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We acted as Finnish legal advisor to Delta Capacity in connection with its acquisition of the ready-to-build Karppio battery energy storage system (BESS) project from Helios Nordic Energy. The acquisition was made and the project will be implemented together with Strioga Family Foundation. The Karppio BESS project is located in Teuva, Finland, and has a capacity of 125 MW / 300 MWh. Delta Capacity will lead the remaining development of the project through to commissioning, planned for 2027, and will serve as long-term asset manager. Delta Capacity is a Swiss-based developer of utility scale battery storage systems. The acquisition adds to Delta Capacity’s growing Nordic portfolio. 
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We advise Winda Energy Oy on the development of its c. 100 MW data centre project in Janakkala, Finland, a landmark investment exceeding EUR 500 million. The project is being developed in collaboration with European investment company Gi21 Capital. Construction is scheduled to commence in 2027, with completion targeted for 2028. Winda Energy Oy is a renewable energy project development company established in 2011, with a portfolio of wind and solar power projects across Finland. The company manages projects throughout their full lifecycle, from initial planning and permitting to construction and completion. 
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