1. | faculty of law groningen centre of energy law 18-02-20141 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

2. | 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 2

3. | 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? 3

4. | 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 4

5. | 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 5

6. | 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 6

7. | 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 7

8. | 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 8

9. | 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 9

10. | faculty of law groningen centre of energy law 18-02-2014 Example 10

11. | 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 11

12. | 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! 12

13. | faculty of law groningen centre of energy law 18-02-201413 Thank your for your attention. H.K.Muller@rug.nl

14. | faculty of law groningen centre of energy law 18-02-2014 A chance might be missed! 14

15. | 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 15