Incineration plant in Poznan – security transactions concluded

The municipal waste thermal treatment plant in Poznan is not only the first incineration plant in Poland to be built by a PPP, the first hybrid project of this scale (i.e. combining private funds with public funds derived from EU grants), but is also the first local government investment in which non-standard solutions as regards project financing structure have been implemented.

To secure the risk of interest rate fluctuations and the foreign exchange risk arising from expenses being incurred in euro, on 16 April 2014 the Private Partner (Sita Zielona Energia) concluded swap and fx forward transactions eliminating these risks. In a competitive procedure approved by the City of Poznan, SZE submitted offers of three banks. The City of Poznan agreed to these transactions being carried out by SZE after having analysed and confirmed the arm’s length nature of the prices proposed. The City was provided with legal support by DZP.

According to the PPP contract between the City of Poznan and SZE, once the security transactions have been concluded there will be a recalculation of the financing model based on which the private partner’s remuneration is calculated. As the security transactions were concluded on favourable terms, the remuneration to be paid by the City of Poznan to SZE in the future has been substantially reduced (from the assumptions in the ToR).

Conclusion of the security transactions was also the final key stage before construction work starts. However, after finalisation of this stage, e.g. on 17 April 2014, work started on cutting down the trees on the site where in approx. 30 months the incineration plant is to stand.

The key lawyer involved in the advisory at this stage of the project was Krzysztof Fliszkiewicz, Senior Associate, with the co-operation of Magdalena Zabłocka, Senior Associate in DZP’s Infrastructure and Energy Practice.