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#Energy & Sustainability

Speeding Up Renewable Energy Permitting in Europe: Overcoming Implementation Challenges

  • October 15, 2024
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The CERRE report “Speeding up renewable energy permitting in Europe: overcoming implementation challenges”, authored by  Catherine Banet (University of Oslo, CERRE) and Filippo Donati (University of Florence), looks at one of the central challenges in the further deployment of renewable energy: permit-granting procedures. 

Lengthy, complex and multiple parallel permitting procedures for renewable energy generation, grid connections, and related reinforcement of transmission grids have long been identified as major barriers. This delays target achievement and increases project costs, and contrasts with the pressing need to increase the share of renewable energy sources to ensure the energy transition towards climate neutrality.

To address this challenge, the European Commission has adopted different legislative and policy initiatives. Major new legislative requirements have been adopted, including as part of the emergency measures, the REPowerEU Plan from 2022 and the consecutive revision of the Renewable Energy Directive (REDIII). 

The report focuses on implementation factors of success. It analyses the constitutive building blocks – from planning to judicial review – any acceleration effort must be based on.  

The report identifies and discusses seven implementation challenges: 

  1. Defining permit-granting procedure, for a clear scope delimitation  
  2. Interplay between planning and permitting processes  
  3. Parallel, but interlinked permitting procedures  
  4. Differences in repartition of competencies for permit-granting among national authorities  
  5. Prioritisation of renewable energy projects over other projects  
  6. Balancing exemption regimes and safeguards 
  7. Balance between common and technology/project-specific rules 

The list of identified implementation challenges reveals the dynamics, but also remaining tensions between attempts to harmonising permitting procedures at the EU level and the remaining specificities of national permitting procedures.  

The report discusses the use of national best practices and EU Commission guidance documents as a manner to guide the implementation of permit-granting acceleration. It includes an in-depth case study on Italy and a general overview of identified trends in other EU countries. It also includes examples of accelerated permitting measures for other energy technologies. 

Watch the full recording of the presentation of the report at the CERRE Path to Net Zero Summit

Author(s)
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Catherine Banet (2)
Catherine Banet
Academic Co-Director
and University of Oslo

Catherine Banet (PhD) is Professor of Law at the University of Oslo, and Head of the Department for Energy and Resources Law, Norway. Her legal research activities focus on energy market design, energy transport infrastructures regulation, support schemes and financing models, focusing on renewable energy and notably offshore wind, climate change mitigation measures such as carbon capture and storage (CCS), and hydrogen regulation.

Prof. Banet has a background from the private law practice (Norway, France), the European Commission (DG ENV), U.S. diplomatic mission and academia. She is a member of the Academic Advisory Group of the Section on Energy, Environment and Infrastructure Law of the IBA, and Chair of the Board of the Norwegian Energy Law Association.

Catherine Banet (PhD) is Professor of Law at the University of Oslo, and Head of the Department for Energy and Resources Law, Norway. Her legal research activities focus on energy market design, energy transport infrastructures regulation, support schemes and financing models, focusing on renewable energy and notably offshore wind, climate change mitigation measures such as carbon capture and storage (CCS), and hydrogen regulation.

Prof. Banet has a background from the private law practice (Norway, France), the European Commission (DG ENV), U.S. diplomatic mission and academia. She is a member of the Academic Advisory Group of the Section on Energy, Environment and Infrastructure Law of the IBA, and Chair of the Board of the Norwegian Energy Law Association.

20180528 103532
Filippo Donati
Full Professor of Constitutional Law
University of Florence

Filippo Donati is full professor of Constitutional Law at the Faculty of Law, University of Florence. He also teaches Constitutional law at LUISS University, Rome.

He is a member of the Italian Association of Energy Law (AIDEN) and a member of the Scientific Committee of the European Federation of Energy Law Associations (EFELA). 

He is the author of three books, editor of twelve books and author of several articles of constitutional law, European Union law and administrative law.

He is a co-editor of the “Journal of Market Regulation,” a member of the editorial board of the journals “Italian Journal of Public Law,” “ Il Diritto dell’Unione europea” “Osservatorio sulle fonti” and the scientific committee of the journal “MediaLaws.”

Filippo Donati is full professor of Constitutional Law at the Faculty of Law, University of Florence. He also teaches Constitutional law at LUISS University, Rome.

He is a member of the Italian Association of Energy Law (AIDEN) and a member of the Scientific Committee of the European Federation of Energy Law Associations (EFELA). 

He is the author of three books, editor of twelve books and author of several articles of constitutional law, European Union law and administrative law.

He is a co-editor of the “Journal of Market Regulation,” a member of the editorial board of the journals “Italian Journal of Public Law,” “ Il Diritto dell’Unione europea” “Osservatorio sulle fonti” and the scientific committee of the journal “MediaLaws.”

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