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Hogan Lovells Warsaw Advises on First and Largest Public Private Partnership (PPP) Deal in the Energy-From-Waste Sector in Poland

25 January 2013

WARSAW, 25 January 2013 - The Warsaw office has advised SITA Zielona Energia (a subsidiary of Suez Environnement) on the first and largest Public Private Partnership (PPP) deal in the energy-from-waste sector in Poland. The total value of the deal is approximately EUR 850 million.

After an 18 month tender process organized by the City of Poznań, on December 21, 2012, SITA Zielona Energia was selected as the private partner to design, build, finance and operate an energy-from-waste facility with a capacity of 210,000 tons per year. The facility will be procured in the form of an availability based Public Private Partnership (PPP) contract including a 25 year operating period following its construction.

The cost of the plant is estimated to be EUR 180 million and will be fully financed by the shareholders of SITA Zielona Energia (Suez Environnement and Marguerite Fund) and a consortium of three leading Polish banks which will provide the long term non-recourse project finance debt. The total revenue of approximately EUR 850 million for SITA Zielona Energia will be generated during its operational period.

The Hogan Lovells Warsaw team advising SITA Zielona Energia has been supervised by two partners - Andrzej Dębiec and Marek Wroniak. Agnieszka Ferek (senior associate), supported by Marta Paluszyńska (lawyer) and Inez Handzlik (lawyer), was responsible for the coordination of the project and  for the PPP contract, Justyna Szwech (counsel) and Barbara Pancer (associate) advised on the Engineering Procurement Construction contract, and certain aspects of real estate law, Mateusz Dereszyński (senior associate) on the financing of the project, Ewa Ślężak (senior associate) was responsible for Operation and Maintenance contract, and Dorota Walerjan (counsel) for tax matters.

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