Transcript Slide 1

Regional Specificities and Exigencies:
European Union Law and Policy
Offshore Renewable Energy
Ronán Long
Jean Monnet Chair EU Law
National University of Ireland Galway
Energy from the Sea Workshop, NILOS, Utrecht
19-20 February 2014
Overview
1. EU Treaties
2. Policy
3. Status industry
4. Spatial management measures
Photo source: EWEA
5. Regional trends
Treaty Functioning European Union
1.
Shared Competence: Art 4
2.
Energy: Title XXI - Art 194
3.
Internal Market: Art 114
4.
Environment: Art 192
5.
Trans-European networks - energy infrastructures: Art 170
6.
Council to enact measures in “a spirit of solidarity” if severe
difficulties of supply arise, particularly within the energy
sector. Art 120
Treaty Functioning European Union
• Union policy on energy shall aim…to:
a. ensure the functioning of the energy market;
b. ensure security of energy supply in the Union;*
c.
promote energy efficiency and energy saving and
the development of new and renewable forms of
energy; and
d. promote the interconnection of energy networks.
Art 194 (1) TFEU & Declaration 35 IGC
EU Law-Making
• Energy objectives under Art 194
(1):
– Ordinary Legislative Procedure
(Qualified Majority Voting plus codecision by Council + European
Parliament)
• Such measures shall not affect a Member
State’s right to determine the conditions for
exploiting its energy resources, its choice
between different energy sources and the
general structure of its energy supply
Art 194 (2), TFEU
EU Law-Making
• Special Legislative Procedure
(Unanimous vote MS in Council +
consultation with European Parliament).
– Where measures are of a primarily
fiscal nature
Art 194 (2), TFEU
Energy Policy
Competitiveness
Security of
Supply
Sustainability
• European Coal and Steel Treaty 1952-2002
• Euratom Treaty 1957
7
EU Policy Backdrop
• EU targets for 2020 :
– 20% energy from renewable sources / 20%
energy efficiency / 20% reduction in
greenhouse gas emissions (40%: 2030)
• European Energy Roadmap 2050
– 80% reduction carbon emissions
– 55% energy from renewable sources
• 30% of all wind energy turbines in Europe will be
located offshore by 2020 – increasing to 60% by
2030
 EU renewable energy = maritime industry
Factors shaping growth
I.
Quality of the resource and maritime space
II.
Price fossil fuels & demand for energy
III.
Market and fiscal supports
IV.
EU policies...climate change & energy security
V.
EU law….Renewable Energy Directive, National
Programmes, and Emissions Trading Scheme
VI.
Social acceptability
Status of the industry in Europe
169,500 jobs in offshore industry by 2020
300,000 jobs by 2030
source: EWEA Rep 2013
Growth of the industry in Europe
1991-2013
source: EWEA Rep 2013
Trends
Deeper and Further
source: EWEA Rep 2013
Annual Investment
Annual investments in offshore wind power are
expected to increase from €2.8 billion in 2011 to
€10.4 billion in 2020.
source: EWEA Rep 2013
Environmental Impacts
• OSPAR Commission QSR 2010 :
“knowledge of the wider effects of offshore wind farms on
environmental quality is limited and mainly based on data from
monitoring at specific sites, similar activities, government sponsored
research and development, and predictions from environmental
impact assessment”
• Positive impacts:
– Reduce C02 emissions
– Marine reserves
Ocean Energy
1. Waves
2. Tides
3. Marine currents
4. Salinity gradient and
temperature gradient
Source: European Ocean Energy
Association
Summary
Proposed EU Measures Ocean Energy
Annex 1
Brussels, 20.1.2014
COM(2014) 8 final
Regulatory Issues Ocean Energy
1. Case-by-case approach using laws that apply to petroleum,
aquaculture or other offshore developments
2. Belgium, Germany and Sweden apply different consent
processes in their territorial seas compared to EEZs
3. Red tape can amount to 14% project costs. Scotland and
the Denmark have “one stop shop”.
4. MSP: Germany, Portugal, Sweden, the Netherlands and the
UK. [In the process of developing: Ireland, Denmark and
Italy].
Impact Assessment
Brussels, 20.1.2014
COM(2014) 8 final
Draft Directive MSP / ICM
Objectives
a) securing the energy supply of the Union by promoting the development of marine
energy sources, the development of new and renewable forms of energy, the
interconnection of energy networks, and energy efficiency;
b) promoting the development of maritime transport…
c) ….development of fisheries and aquaculture ...
d) ensuring the preservation, protection and improvement of the environment as well as
the prudent and rational use of natural resources, notably in order to achieve good
environmental status, halt the loss of biodiversity and degradation of ecosystem
services and reduce marine pollution risks;
e) ensuring climate resilient coastal and marine areas.
Art 5 Draft Directive
Features
Draft Directive MSP / ICM (1)
1. Member State must establish and implement spatial plan(s)
& integrated coastal management strategy(ies), reviewable
every 6 years. [Art 4]
2. Geographical Scope: applies to marine waters….. where a
Member State has and /or exercises jurisdictional rights, in
accordance with the LOS Convention. [Art 3]
Impact Assessment
Brussels, 20.1.2014
COM(2014) 8 final
Features
Draft Directive MSP / ICM (2)
3.
Plans/ strategies must take into account [Arts 7 and 8]:
a. installations for the extraction of energy and the production of renewable
energy;
b. oil and gas extraction sites and infrastructures;
c. maritime transport routes;
d. submarine cable and pipeline routes;
e. & f. fisheries and aquaculture
g. nature conservation sites.
4. Public participation / data collection and exchange of information [Art 10]
5. Member State must cooperate and coordinate on issues of a transnational
nature (through…regional institutional structures). Plus every effort to
cooperate with third countries [Art 13]
Impact Assessment
Brussels, 20.1.2014
COM(2014) 8 final
EU Specifics and Exigencies (1)
1. Responding to complexity
– geographic, oceanographic, environmental,
technological, legal and institutional considerations.
2. Jurisdictional framework: LOS Convention
3. Predictive tools (procedural and supervisory):
– Environmental impact assessment (strategic / project)
4. Regionalisation, Iterative Process, Risk Assessment:
– Marine Strategy Framework Directive…good
“environmental status” of all marine waters by 2020.
EU Specifics and Exigencies (2)
5.
Science Driven
– Monitoring programmes and data and information sharing
– Not harmonised Part XII LOS Convention
6.
Human Rights: participatory decision-making
– EIA/SEA; offshore licensing; assessment under nature conservation
instruments
7.
Resolving conflicts with other users
– Navigation (IMO) & fishing (Advisory Bodies)
– Protecting the human environment & emergency response (national
level)
– “One stop shop” (licensing)
EU Specifics and Exigencies (3)
8. Spatial designations to protect biodiversity
9. Normative approach: Ecosystem-based management
10. EU law moving away from reactive approach towards
integrated planning and management:
– Draft Directive maritime spatial planning / ICM
Publications
•
“Offshore wind energy and ecosystem-based
management: Are the EU regulatory answers
really blowing in the wind?” in M. Nordquist et al.,
THE REGULATION OF CONTINENTAL SHELF
DEVELOPMENT: RETHINKING
INTERNATIONAL STANDARDS (Leiden/Boston,
Nijhoff, 2013) pp.15-52.
•
“Offshore wind energy development in Germany:
Ac t o r s, legal instruments and decision-making
procedures” in H. Koch, D. Könnig, in CLIMATE
CHANGE AND ENVIRONEMTAL HAZARDS
RELATED TO SHIPPING (Leiden/Boston, Martin
Nijhoff, 2013), pp. 227- 240.
Thank You!
www.marinelaw.ie
“Blue Energy”
Action plan to deliver ocean energy by 2020
• Advantages
– Indigenous resource / energy security / blue economy / export
opportunities / balance other renewable energy sources / contribute
decarbonisation goals / public acceptance
• Challenges
– Technology costs / transmission grid infrastructure / consenting
procedures / maritime spatial plans / environmental impacts / grant
and revenue support
Brussels, 20.1.2014
COM(2014) 8 final