Newsletter:
"Newsletter Major Trends in Offshore Wind Power Generation in Japan (Oct 2020)"

Newsletter Major Trends in Offshore Wind Power Generation in Japan (Oct 2020)

Published: (Mon) 02 Nov 2020

1. Outline

Being designated by the Japanese government as a main power source, new policies to proactively promote renewable energy have been adopted in Japan. Among several renewable energy sources, offshore wind power generation has attracted the most attention because, while the lands suitable for land wind power are limited, Japanese waters offer relatively favorable offshore sites for offshore wind power generation, and thus it is necessary for Japan to introduce wind power generation using such offshore sites (cf. the 5th Basic Energy Plan approved by the Cabinet on July 3, 2018). More specifically, Japan intends to introduce offshore wind power generation of up to 10 million kW by the year 2030.

At present, the sea areas where offshore wind power generation is actually implemented or planned to be implemented are divided into “Port and Harbor Areas” (cf. Paragraphs 3 and 6, Article 2 of the Port and Harbor Act) and “General Sea Areas.”

With regard to “Port and Harbor Areas,” in accordance with the public tender process for the exclusive occupancy and use of sea areas under the amended Port and Harbor Act enacted in July 2016 (cf. Article 37-3 of the Act), it is required that the business plan for an offshore wind power generation facility is approved through a public tender process. On the other hand, with regard to General Sea Areas, upon the enactment of the “Act on Promoting the Utilization of Sea Areas in Development of Power Generation Facilities Using Marine Renewable Energy Resources” on April 1, 2019 (“APUSA”), standard rules for the long-term exclusive occupancy and use of such areas for offshore wind power generation have been established, based on which business plans for offshore wind power generation are currently developed with respect to several sea areas.

The recent major developments in offshore wind power generation in Japan are as summarized in the table below:

(a) June 16, 2020: Announcement of the plan for the designation of three areas in Akita Prefecture and the offshore area of Choshi City, Chiba Prefecture, as promoted areas for offshore wind power generation

(b) June 24, 2020: Commencement of the public tender process for the offshore area of Goto City, Nagasaki Prefecture and announcement of the public comments procedure regarding the guidelines for exclusive occupancy and use through said public tender process, etc.

(c) July 3, 2020: Adjustment of ten areas which have already been at certain stage of preparation, as well as four promising areas subject to the preparation of organizing the commissions therefor, etc.

(d) July 21, 2020: Designation of three areas in Akita Prefecture and the offshore area of Choshi City, Chiba Prefecture as promoted areas for offshore wind power generation

(e) August 31, 2020: First designation of the port as the base for offshore wind power generation

(f) September 10, 2020: Commencement to accept the applications for information disclosure under Paragraph 2, Article 4 of the APUSA with regard to the three areas in Akita Prefecture and the offshore area of Choshi City, Chiba Prefecture

(g) September 18, 2020: Commencement of the procedure to collect public comments regarding the draft guidelines for the exclusive occupancy and use through public tender process regarding the three areas in Akita Prefecture and the offshore area of Choshi City, Chiba Prefecture

Among those items, for item (c), the following sea areas were listed as promising areas: Sea of Japan offshore Aomori Prefecture (North side); Sea of Japan offshore Aomori Prefecture (South side); the respective offshore area of Happo-cho and Noshiro City in Akita Prefecture; and the offshore area of Enoshima, Saikai City, Nagasaki Prefecture.

 

Continue Reading (PDF)

More Newsletters…

Newsletter German Supply Chain Act (October 2021)

German Supply Chain Act

The new German Supply Chain Due Diligence Act (the “Act”) introduces compliance obligations to prevent human rights and certain environmental risks along the entire value chain, from exploiting raw materials until delivering the final product to end customers. The Act follows a global trend of requiring companies to monitor their compliance with human rights and environmental core values.

OPEN PDF
read more

Newsletter Reform of German Competition Law Part 2 (May 2021)

Part 2: “Updating” the Competition Act

The recent amendment of the Competition Act is entitled “Act for Digitizing the Competition Act”. The German legislator is the first worldwide to address many of the challenges of digital ecosystems that have been discussed at global level over the past few years.

Public debate in Germany has focused on a new provision aimed at regulating “GAFA” (short for: Google, Apple, Facebook, Amazon), the giants of the data economy (see below section 3).

OPEN PDF
read more

Newsletter Reform of German Competition Law (April 2021)

Part 1: Unburdening small and medium-sized companies

The German Act Against Restraints of Competition (“Competition Act”) has been amended to address challenges of the digital economy, to make merger control more efficient for small and medium-sized companies, and to implement EU legislation. This reform of January 2021 concerns several aspects that are of relevance to foreign investors. Those aimed at unburdening small and medium-sized companies will be outlined in this newsletter. A subsequent newsletter will give an overview of the tightened antitrust rules for “Big Data” companies.

OPEN PDF
read more