Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 266
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able to cover the whole life of operation of
the OWF project.
That being said, it is worth noting that where
state-owned land would be used, pursuant
to the RED Act, the duration of usage of
state-owned land by renewable energy electricity generation facilities and cables to be
installed thereon should not be shorter than
the term of the Electricity Business Licence.
Hence, if the term of a permit/agreement
granted/entered into by the government
agency is less than the term of the Electricity Business Licence, the project company
should have a strong statutory ground for an
extension of the relevant permit/agreement
upon its expiration.
Taiwan
7. OTHER
7.1 Localization Requirements/
Commitments
Under the AC of Phase II of the Program,
the project company is required to make
a number of commitments in respect of
local contents, milestones of the project
development and construction, etc. Among
which, local content commitment (i.e., the
localization plan) is currently only applicable
to the projects awarded grid capacity in the
selection process for the grid allocation in
2021 to 2025. Under the AC, those project
companies which are awarded capacity in
2021 to 2025 in the selection process are
required to submit their localization plans
to the Industrial Development Bureau, the
MOEA for review.
Phase III of the Program also requires localization commitments from the developers.
According to the localization policy promulgated by the Industry Development Bureau
(applicable to projects to be connected to
the grid in 2026-2027) ("Localization Policy"),
five major categories with a total of 25 key
localization development items, including
electrical facilities, underwater foundation, wind turbine parts and components,
maritime engineering and engineering
design service, must be met in the proposals
submitted by the bidding developers. In addition, different from the previous phases,
a list of bonus items is also provided under
the Localization Policy considering certain
facilities or equipment (such as submarine
cables) are currently difficult to be localized.
As mentioned above, the scores gained
according to the Localization Policy will be
