| faculty of law groningen centre of energy law The role of law in regulating offshore energy production and securing energy supply Hannah Katharina Müller, LL.M. Groningen Centre of Energy Law University of Groningen

| faculty of law groningen centre of energy law Background › Conventional energy sources are limited › Security of Supply › Increase the share of renewable energy sources 2

| faculty of law groningen centre of energy law Adequate legal framework? ›Basics international law of the sea ›Development offshore oil and gas exploitation ›Offshore wind energy ›European offshore grid? 3

| faculty of law groningen centre of energy law History International Law ›Truman Proclamation ›1958 Geneva Conventions  Continental Shelf ›1982 UN Convention on the Law of the Sea  EEZ 4

| faculty of law groningen centre of energy law 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 5

| faculty of law groningen centre of energy law 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 6

| faculty of law groningen centre of energy law 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 7

| faculty of law groningen centre of energy law 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 8

| faculty of law groningen centre of energy law 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 9

| faculty of law groningen centre of energy law Example 10

| faculty of law groningen centre of energy law EU Law ›National RES targets ›National Support Schemes  Example Cobra  Recent development: Case C-573/12 11

| faculty of law groningen centre of energy law 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! 12

| faculty of law groningen centre of energy law Thank your for your attention.