| 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

18-02-2014

Example 10

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faculty of law groningen centre of energy law

18-02-2014

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.

H.K.Muller@rug.nl

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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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