| faculty of law groningen centre of energy law 18-02-20141 the role of law in regulating offshore...
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faculty of law groningen centre of energy law
18-02-2014 1
The role of law in regulating offshore energy production and securing energy supply
Hannah Katharina Müller, LL.M.Groningen Centre of Energy LawUniversity of Groningen
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faculty of law groningen centre of energy law
18-02-2014
Background
› Conventional energy sources are limited
› Security of Supply
› Increase the share of renewable energy sources
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faculty of law groningen centre of energy law
18-02-2014
Adequate legal framework?
› Basics international law of the sea
› Development offshore oil and gas exploitation
› Offshore wind energy
› European offshore grid?
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faculty of law groningen centre of energy law
18-02-2014
History International Law
› Truman Proclamation
› 1958 Geneva Conventions Continental Shelf
› 1982 UN Convention on the Law of the Sea EEZ
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faculty of law groningen centre of energy law
18-02-2014
Basic legal framework› Territorial sea
Full jurisdiction, all laws apply
› Continental Shelf Sovereign rights regarding offshore energy exploitation
› Exclusive Economic Zone (EEZ) Sovereign rights for economic exploitation
› Freedom of other states, but national focus
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faculty of law groningen centre of energy law
18-02-2014
Offshore oil and gas in Europe
› How to regulate?
› All North Sea states chose a licensing regime
› Landing obligation
› Hydrocarbon Licensing Directive First step towards an internal market
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faculty of law groningen centre of energy law
18-02-2014
Offshore wind in the North Sea
› Still busy establishing the legal framework
› Basics under UNCLOS
› Different approaches have been developed› Most common:
Certain wind energy areas Tendering procedure
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faculty of law groningen centre of energy law
18-02-2014
Offshore infrastructure
› How to bring energy to demand centres?
› Who is responsible for cables connecting offshore wind farms to shore? NL: part of the installation, WF developer UK: tendered to OFTO DE: national TSO
› Lack of infrastructure
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faculty of law groningen centre of energy law
18-02-2014
Go beyond current approach?
› Legal frameworks have been developed for national exploitation of energy
› Two types of offshore infrastructure Cables connecting OWF: sovereign rights Interconnectors: freedom to lay cables
› More cooperation required
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faculty of law groningen centre of energy law
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Example 10
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faculty of law groningen centre of energy law
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EU Law
› National RES targets
› National Support Schemes Example Cobra Recent development: Case C-573/12
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faculty of law groningen centre of energy law
18-02-2014
Conclusion
› A common (European or regional) approach would facilitate a more efficient connection and the security of supply
› Under current legal regimes, an offshore grid will not come into existence
› The North Sea States have to become active!
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faculty of law groningen centre of energy law
18-02-2014 13
Thank your for your attention.
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faculty of law groningen centre of energy law
18-02-2014
A chance might be missed!14
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faculty of law groningen centre of energy law
18-02-2014
TEN-E Regulation
› Might constitute a framework for complex offshore infrastructure projects
› However Based on Ten-Year Network Development Plan
(TYNDP) Limited to Projects of Common Interest Only cross-border projects
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