Legal and regulatory barriers to the development of offshore wind farms. A comparison between Norway and Belgium

Abstract

The purpose of this thesis is to present an insight in Norway’s and Belgium’s (renewable) energy policy choices through the evaluation of their development of offshore wind farms. This discussion will look how these two differing states are trying to meet the renewable energy targets at national and EU-level through the development of offshore wind farms, how they have made offshore wind power policy choices in this context, what barriers they encounter during this development, and how being part of the EU or not impacts those policy choices. The first part of this thesis focusses on a short introduction to renewable energy and climate change, and the legal framework surrounding offshore wind power. The overarching framework of the International Law of the Sea is explained in order to understand the authorities at national level. Following, a short overview is given of the relevant EU legislation regarding offshore wind power such as for example the EU Green Deal, the Renewable Energy Directive and the EU Strategy on Offshore Renewable Energy. Next, some short technical considerations in the construction and operation of offshore wind farms are provided. Finally, we stand still at the Nordic perspective and the relation between Norway and the EU. The following part takes an individual look at Norway’s offshore wind farms. This discussion is divided into three subtopics, with first a thorough look at the socio-political context in which the development of offshore power takes place and to give way to the strong hydropower, gas and oil sectors in Norway. Second, the regulatory regime is discussed with a strong focus on the specific legislation regarding offshore energy. And thirdly, a quick overview is handed out of some the general barriers that Norwegian wind farms development at sea is faced with. A similar approach is taken with the individual consideration of Belgium’s offshore wind farms. First, the socio-political context in which the development of offshore power takes place in the federal state of Belgium with energy being a shared competence. Second, the regulatory regime is discussed with a focus on the required licenses and permits. Thirdly, a swift overview is given of some the struggles that Belgian wind farms development has encountered. In addition, a brief note is made about cooperation projects in the North Sea. In the last part, the Norwegian and Belgian situations and development are compared. Both similarities as well as differences are observed and noted as such. In this an overview can be found of what differences states can face in offshore wind power development and how they respond to these dissimilar circumstances. The influence of the harmonizing approach of the EU can be observed in their energy policies and its value is not be underestimated. This thesis ends with a concise conclusion on the legal and regulatory barriers to the development of offshore wind farms in Norway and Belgium and how they compare.

Key words: offshore wind power, renewable energy, EU, Norway, Belgium, barriers, regulatory regime