European Energy Financial Overview
Risk Factors, continued
Commercial Risks
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EUROPEAN
ENERGY
Decrease in the market price of electricity and/or certificates can have an adverse effect on the Group
While part of the income generated by the Group's wind farms and solar photovoltaic ("Solar PV") plants is covered by fixed prices (due to guaranteed feed-in tariffs or long term power purchase agreements) or fixed price premiums, part of the income
may fluctuate with the market price of electricity and/or certificates. This exposes the Group to a risk of decrease in the price of electricity and/or certificates which could occur due to inter alia - a reduction in the demand for electricity or new capacity
being added to the market. This risk can be reduced to a certain extent by entering into long-term power and/or certificate purchase agreements or price hedging agreements but as this will not always be the case there will remain an exposure to
decreases in the price of electricity and/or certificates. The Group does not operate with a general price hedging strategy.
Furthermore, a decrease in the price of electricity and/or certificates may weaken the market for the Group's projects leading to less demand for projects and/or a decrease in the price that the projects can be sold to which will have an adverse effect on
the Group.
The rapid technological development of renewable energy production requires the Issuer to respond quickly and failure to do so may have an adverse impact on the Group's business
The technology of renewable energy generation, including wind turbine generators and solar PV plants, advances at a very fast pace. This requires the Group to be constantly aware of the technological development and to respond quickly to any
changes to the technology employed by the Group in its wind parks and solar PV plants.
The rapid technological development could also lead to other technological solutions for generating renewable energy surpassing the solutions currently chosen by the Group with regard to efficiency and costs. Should this occur, it could have a
negative impact on the Group's business.
The Group is operating in a number of different jurisdictions which increases the risk that not all applicable law is being complied with at all times
The Issuer is present in a number of different countries and is required to comply with multiple regulatory requirements pertaining to the operation of its business. This entails a risk that compliance with all requirements cannot be ensured at all times
and should one or more violations occur, the Group may become liable to sanctions such as - but not limited to - fines and loss of financial support or revocation of permits requiring the operation of a wind farm or solar PV plant to be halted or
suspended. Such sanctions or other consequences of non-compliance with applicable law may have a material adverse effect on the Group.
The Group or its advisors may be wrong in their interpretation of applicable tax legislation and there may be different views on what is the correct transfer pricing methodology
The Group applies tax legislation based on its - or in some cases, its tax advisors' - interpretation of the relevant regulations and seeks to ensure that local tax filings are made in compliance with all relevant regulations and that its transfer pricing
methodology is accurate. The Group or its advisors may commit errors when interpreting the tax legislation, however, and any such errors could have an adverse effect on the Issuer's financial position. Furthermore, local tax authorities may have
different interpretations of the correct transfer pricing methodology. In addition, the applicable tax legislation may change over time, potentially also with retroactive effect, to the detriment of the Group. Additionally, the Group may become involved in
disputes regarding its tax positions with relevant local authorities and if decided against the Group, such disputes may affect Issuer's financial position negatively.
Changes to legislation and regulatory regimes, including but not limited to - changes to support mechanisms for renewable energy, in the countries where the Group operates can impact negatively on the Group's business
The market for renewable energy and renewable energy projects is highly sensitive to changes in legislation and to the regulatory regimes in general. Support mechanism are frequently changed because of inter alia - the changing market conditions
for renewable energy and conflicting political views on what the level of support for renewable energy should be. Changes to support mechanisms may be phased in over the course of several years but may also be implemented very quickly. In all
cases, the changes require the Group to re-evaluate all projects that may be affected and as a consequence, projects representing significant value in terms of costs already incurred or future profitability could be abandoned. Furthermore, changes to
support mechanisms may be made with retroactive effect (such as reducing already guaranteed tariff levels for the future or imposing additional costs on the operation of renewable energy plants) and any such retroactive changes can impair the value
of the Group's assets significantly and may have a materially adverse effect on the Issuer.
Changes to other parts of the legislation than what relates to support mechanisms can also have an adverse effect on the Group. This can be the case if the changes - inter alia - makes it more difficult to develop, construct or operate renewable
energy projects or on a general level increase the burden of conducting a business similar to the Group's.
While the Issuer to some extent monitors the changes in legislation and regulatory regimes where the Issuer conducts its business, the large number of jurisdiction in which the Group operates makes it difficult or even impossible for the Issuer to be
aware of all relevant legislative changes. Any delay in reacting to legislative changes may amplify the potential adverse effect of the changes.
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