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ANNUAL REPORT 2011 - DONG Energy

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RIsk AND RISK MANAGEMENT<br />

Regulatory risks<br />

regulatory conditions<br />

Changes in regulatory conditions in both Denmark and abroad<br />

are material to <strong>DONG</strong> <strong>Energy</strong>’s strategic opportunities and<br />

thus also its future earnings. However, <strong>DONG</strong> <strong>Energy</strong>’s growing<br />

international presence is reducing its dependence on regulatory<br />

changes in the individual countries, such as changes to<br />

subsidy schemes in connection with investments in wind generation<br />

and changes to public regulation of electricity and gas.<br />

<strong>DONG</strong> <strong>Energy</strong>’s presence in several stages of the value chain is<br />

contributing to reducing the effects of regulatory changes in<br />

individual stages of the value chain. Furthermore, <strong>DONG</strong><br />

<strong>Energy</strong> follows political and regulatory developments closely in<br />

the countries in which this is relevant, and takes an active part<br />

in connection with consultations on draft legislation and other<br />

regulatory proposals that involve a risk of material changes.<br />

tax regimes<br />

Changed tax regimes may have a material effect on the<br />

Group’s financial results, including in connection with oil and<br />

Operational risks<br />

Construction and operation of facilities<br />

<strong>DONG</strong> <strong>Energy</strong> has a number of risks associated with the development,<br />

construction, operation and maintenance of facilities,<br />

and these risks cannot all be directly hedged. <strong>DONG</strong><br />

<strong>Energy</strong> continuously focuses on avoiding and preventing inexpedient<br />

situations by means of inspection, improvement<br />

of maintenance programmes and internal and external<br />

checks of production equipment and facilities. A number of<br />

insurance policies have been taken out to protect the value<br />

of the assets, where possible. The subsidiary <strong>DONG</strong> Insurance<br />

A/S was established to optimise the<br />

insurance portfolio and is subject to supervision by the<br />

Danish Financial Supervisory Authority.<br />

Risk governance<br />

Board of Directors<br />

Audit and Risk Committee<br />

Executive Board<br />

Finance Committee<br />

Risk management<br />

Business areas<br />

50<br />

manaGEmEnt’s rEviEw – <strong>DONG</strong> ENERGY GROUP <strong>ANNUAL</strong> <strong>ANNUAL</strong> <strong>REPORT</strong> <strong>REPORT</strong> <strong>2011</strong> <strong>2011</strong><br />

Group Risk Control<br />

Mandates<br />

gas extraction. <strong>DONG</strong> <strong>Energy</strong>’s tax risks are assessed and<br />

managed on a continuous basis using the Group’s tax policy<br />

and tax strategy. <strong>DONG</strong> <strong>Energy</strong> seeks open dialogue with tax<br />

authorities and other public authorities and, wherever possible,<br />

endeavours to obtain binding advance indications from<br />

the authorities to clarify major tax-related risks. Because of<br />

the Group’s international presence, <strong>DONG</strong> <strong>Energy</strong> maintains<br />

a fair transfer pricing system based on OECD guidelines.<br />

financial regulation<br />

The financial crisis has led to a desire among European<br />

regulators for a tightening of the rules on derivatives trading.<br />

This has led to three strands of new regulations (EMIR,<br />

MiFID and REMIT) that may have considerable implications<br />

for <strong>DONG</strong> <strong>Energy</strong> in terms not only of tied-up funds but also<br />

stricter capital requirements. <strong>DONG</strong> <strong>Energy</strong> follows developments<br />

closely and continually analyses whether it is necessary<br />

to adjust the current business model. The REMIT<br />

Regulation came into force on 28 December <strong>2011</strong>.<br />

subcontractors<br />

There are risks associated with the implementation of investment<br />

projects, which may be delayed due to factors such as<br />

delays in installation and transit vessels, commercial and<br />

partner-related factors, breach of contract by suppliers and<br />

subcontractors and, for wind farms, cable-laying. Moreover, a<br />

large part of the equipment required is ordered in markets<br />

that are often characterised by a high level of activity and<br />

where competition may be limited. To mitigate these risks,<br />

<strong>DONG</strong> <strong>Energy</strong> has acquired extensive internal knowledge<br />

and expertise. By acquiring A2SEA and CT Offshore, the<br />

Group has gained control of important expertise in installation<br />

logistics related to the establishment of wind farms,<br />

enabling the processes to be optimised.<br />

The Board of Directors has the overall responsibility for<br />

<strong>DONG</strong> <strong>Energy</strong>’s risk policy. To achieve transparent, efficient<br />

risk management, <strong>DONG</strong> <strong>Energy</strong> has organised its risk<br />

management in a number of decision-making bodies.<br />

• The Audit and Risk Committee’s main risk management<br />

role is to support the Board of Directors in its supervision<br />

of the risk policy pursued.<br />

• The Executive Board continuously assesses and adjusts<br />

the internal control and risk management systems.<br />

• The Finance Committee monitors the Group’s risks and<br />

financing as well as the management of mandates relating<br />

to market price risks.

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