Issue 01/2013
| The New Planning Regime for the Expansion of the German Onshore Electricity Grid – a Role Model for Europe? Dr. Markus Appel, Anna Burghardt Since Summer 2011, a new planning regime governs the expansion of the German onshore electricity grid. Its aim is to accelerate the installation and operation of electricity transmission cables in order to bring the nationally proclaimed “energy transition” forward. To this end, a complex new four-tiered planning regime has been adopted, which endows extensive responsibility for planning and implementing the development of the national electricity grid to a federal authority. To some extent, with this new regime, the German legislator implemented ahead of time a number of planning law requirements which are binding for all EU Member States on the basis of the newly adopted EU-Regulation No. 347/2013. Hence, Germany’s new planning regime for the expansion of its electricity grid could potentially provide a role model for transposing the new EU regulation, and, as such, possibly be of interest to other EU Member States’ legislators. This article presents an overview of the new German onshore planning regime along with an initial evaluation and outlines the new EU Regulation No. 347/2013, followed by a discussion as to whether the German regime could be a role model for other EU Member States currently deciding how to achieve the desired acceleration effects. |
| The Energiewende in Germany: Background, Developments and Future Challenges Dr. Ross Beveridge, Prof. Dr. Kristine Kern This article explores the background to the Energiewende in Germany and recent developments. Specifically, it examines the ongoing politics of this commitment to phase-out nuclear power, reduce fossil fuel use and ensure continued economic growth. Distinctions between the German Energiewende and energy transitions in other countries are drawn, the actions undertaken and the forms of governance and politics shaping them outlined. While Germany is a leader in renewable energy, and the broad societal consensus against nuclear power is uniquely German, political and societal conflicts of a more general nature are emerging. Other countries follow closely developments occuring in Germany and may learn from the German experience. The key objective of this article is thus to draw attention to the politics of the Energiewende in Germany and the key debates and difficult decisions emerging. |
| Efficiency and Public Acceptance of European Grid Expansion Projects: Lessons Learned across Europe Theresa Schneider, Antonella Battaglini The adoption of the European Union’s target to increase the share of energy from renewable sources to 20 % requires a substantial modernisation and rebuilding of the electricity grid. Current grid projects are often delayed for a variety of reasons, such as the inefficiency of permitting procedures or local opposition. In fall 2011, the European Commission proposed a regulation which aims at enhancing the necessary grid expansion. The legislation was adopted by the European Parliament and the Council in April and came into force on 15 May 2013. Among other considerations, the legislation aims at tackling the aforementioned challenges by making permitting procedures more efficient and implementing measures to increase the acceptance of new power-lines. However, questions remain about the quality and quantity of the proposed provisions designed to overcome all details of the identified problems. It will depend on the implementation of this legislation both on the European and on local level whether the new provisions will prove to be successful in terms of increased procedure efficiency and decreased public opposition. EU institutions, national governments, and competent public authorities should be aware of the area of conflict between improved procedure efficiency and increased public acceptance. |
| A New Legal Framework for EU Energy Infrastructure Development and Finance - Part I: Regulatory Framework Lothar Van Driessche This contribution offers an analysis of the proposed energy infrastructure package of the EU, from a business practice point of view. The financing pillar of the proposed infrastructure package is dealt with in a separate contribution in this issue: “Part II: Financial Framework”. |
| A New Legal Framework for EU Energy Infrastructure Development and Finance - Part II: Financial Framework Lothar Van Driessche This contribution offers an analysis of the proposed energy infrastructure package of the EU, from a business practice point of view. The first two pillars are dealt with in a separate contribution in this issue: “Part I: Regulatory Framework” (p. 52–62). |
| The German Offshore Transmission Grid – (Finally) A Success Story? Dr. Daniel J. Zimmer, Dr. Jörg Meinzenbach, Juan Restrepo RodrĂguez As a result of the extensive promotion of offshore wind energy in Germany since 2006 and, in particular, since the so-called “Energiewende” by the German government in 2011, there is an increased demand to expand the German offshore transmission grid. However, the applicable statutory framework proved to be insufficient to provide the needed legal and regulatory guidance for offshore grid investments which have exceeded € 5 billion since 2010 and are expected to increase in the upcoming years. Furthermore, the increasing demand for offshore components and technology has exhausted the available market capacities. Because of these challenges, both de facto and de jure, and after long lasting discussions among the concerned parties, the German legislator implemented on 28 December 2012 a new statutory framework containing in particular a structural approach for the offshore grid development as well as a new liability regime for cases of delayed construction or disruption of offshore grid connection lines. The new statutory framework is aimed at providing potential investors and grid operators with the due level of legal certainty required for a further and effective expansion of offshore wind energy in Germany. In this regard, it should provide a sound basis for facilitating the Energiewende, but it is now up to all stakeholders involved to find a workable solution. |
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