Expertise
Presentation
10 years of experience in the energy sector
Michel Vandersmissen joined Janson Baugniet’s Energy Department in 2008. He is an attorney-at-law affiliated with the Brussels’ Bar and specialises in energy law, especially in the liberalisation of the electricity and gas markets. He advises both private market participants (generators, suppliers, consumers, system operators, etc.), the different regulatory authorities and Governments, on a national level (federal and regional) and on an international level. More specifically, he has a specialised experience in drafting energy contracts, legislation (laws, secondary legislation), setting up and implementation of policy instruments to ensure adequate investment in generation capacity and of support schemes for renewable energy (onshore and offshore wind, solar, biomass, biogas, geothermal energy, etc.) and their compatibility with European Union’s State aid rules.
He graduated from the Free University of Brussels in 2007.
He fluently speaks Dutch, English and French.
Curriculum
Born 1982, Belgium
Attorney-at-law, Member of the Brussels Bar from 2008 onwards
Education
· Master in Law, University of Brussels (VUB), 2007
· Admitted to the Brussels Bar, 2008
Languages
· Dutch, French, English
Career
· 2008, Attorney-at-law - Counsel, Janson Law Firm
· 2007, Company Lawyer – Tax Officer, BNP Paribas Securities Services
Professional experience
· · PS Economy and Energy: assistance with setting up a Capacity Remuneration Mechanism, draft law and guidance with negotiations with European Commission with regards to State Aide compatibility
· Walloon Public Investment Fund: assistance with the development of legal structure, incorporation of SPV, negotiations with private partners for the stimulation of energy efficiency of enterprises
· Consulting engineering firm: drafting of a legal analysis concerning product standards
· Consulting engineering firm: elaboration of the legal framework for the installation of a heat network through waste-to-energy recovery
· Assistance to a major Luxembourg energy producer with regards to support mechanisms for its biomass installations in the Flanders Region, Belgium
· Assistance to Flemish Energy Regulator in multiple domains, such as liability, litigation concerning support to renewable energy, etc.
· Assistance to the Djibouti Energy administration with regards to the Grid Code
· Assistance to a major Belgian property company with the regularisation of its closed distribution system (drafting access and connection agreements, grid tariffs, etc.)
· Assistance to the Belgian federal Minister of Energy and the Minister of the North Sea with regards to the support scheme for offshore windfarms (revision of support scheme, lifting domain concessions)
· Assistance to Belgian federal Government with regards to notification of potential State Aid to the European Commission in the domains of nuclear energy as well as renewable energy
· Assistance to the energy administration of Burkina Faso with regards to third party access to its electricity grid (drafting of contracts, training negotiation skills)
· Assistance to the Federal Energy Administration and the Brussels Capital Region Regulator with regards to the conversion of their gas grid from low calorific value to high (planning, competences, liability)
· Assistance to the European Commission with regards to a study on regulatory matters concerning the development of the North and Irish Sea offshore grid
· Assistance to Belgian federal Government regarding the extension of lifetime of the nuclear power plants (contract negotiations for the investments for the rejuvenation of the plants, guaranties in case of premature shutdown by the Belgian State, nuclear taxes and taxes on the extensions)
· Assistance to a major Russian gas producer and supplier with regards to its helium sales and purchase agreements (take-or-pay clauses, liability, etc.)
· Assistance in the setting-up of off-shore wind farms of 110 and 126MW (regulatory due diligence for senior lenders of the projects)
· Assistance to Government in the reform of support schemes for off-shore wind production
· Assistance to Luxemburg energy supplier in acquiring (federal & regional) electricity and gas supply licences in Belgium
· Assistance to power plant operators in administrative procedures to be followed in case of change in control (following transfer of shares), transfer of O&M, transfer of generation license and increase of capacity
· Legal due diligence for a third party investor of a company investing in, developing and operating renewable energy projects in Belgium and the Netherlands
· Assistance to Greek Government with regards to the sale of an office building situated in Brussels: legal due diligence, draft sales agreement and sales deed, negotiations with tax authorities to avoid double taxation (registration rights), analysis tender procedure
Assistance to Belgian Government in proceeding before the Constitutional Court related to an appeal in (partial annulment) of nuclear tax, extension of lifetime nuclear power plants, etc.
Publications & conferences
Conferences
· Speaker at a conference on Nuclear Energy in Europe, organised by Associated Nuclear Energy Consultants, “International Treaties on Insurance and Liability related to Nuclear Accidents”, November 23rd, 2009
· Speaker at a conference on the Reform of the Energy Market, organised by the International Faculty of Executives, “Transposition en Flandre du 3e Paquet et nouveaux pouvoirs de la VREG : quelles évolutions ?”, May 3rd, 2011
· Presidency of and speaker at Conference on Energy law in Flanders Region, organised by the International Faculty of Executives, “Gewijzigd steunregime voor hernieuwbare energie”, 26th November 2013
· Speaker at a conference on the New Challenges of the Energy Policy “Nouveaux défis de la politique énergétique”, organised by the International Faculty of Executives, Flemish Renewable Energy Market “Vlaamse hernieuwbare energiemarkt”, 6th October 2015
· Speaker at a conference on closed distribution systems, heat networks and collective self-consumption, 11th January 2019
