A dive into ocean energy: navigating regulatory barriers across EU member states

The outcome is a comprehensive study that aims to provide a detailed overview and critical assessment of the regulatory framework governing ocean energy technologies, such as tidal and wave energy, as well as recommendations and guidance for the EC. This work will serve as a cornerstone for future legislative proposals in the field of ocean energy, contributing to the EU's renewable energy goals.

Harnessing energy from tides and waves: promising but still in its early stages

The concept of harnessing energy from ocean tides, waves, salinity gradients and temperature differences is not new. The Rance tidal power plant in Brittany, France, which began operations in 1966, stands as a prominent early example. However, ocean energy technologies are still in the developmental phase, with many projects currently at the pilot stage. They remain far from achieving commercial viability, despite their potential to produce energy in a predictable and reliable manner.

A major obstacle to their progress is the regulatory complexity and barriers present across the different jurisdictions of EU Member States.

Numerous hurdles

Various regulatory barriers hamper the development and deployment of ocean energy technologies. A significant one is the lack of specific zones designated for these innovative and promising technologies in maritime spatial plans. This creates uncertainty for developers and can lead to conflict with other marine uses such as fishing, tourism or defence.

The absence of regulations tailored to the unique characteristics and requirements of ocean energy technologies, along with limited knowledge of their environmental impacts, represents a significant barrier to the deployment of ocean energy.

Complex and lengthy approval procedures, combined with the involvement of multiple authorities, frequently discourage project developers and investors. While some Member States have specific provisions for installations in the territorial sea, the Exclusive Economic Zone and the continental shelf, others require various concessions and licences. This creates a patchwork system that hinders project planning and implementation.

A wide range of solutions

The study identified various solutions and practical guidance, equipping legislators with a valuable tool to promote the development and deployment of ocean energy.

The recommendations include establishing a pre-application process to reduce the risk of project failure, adopting a comprehensive approach to data collection and integration into administrative procedures, and creating regulatory sandboxes for promising and innovative ocean energy technologies to ensure necessary regulatory flexibility.

Recognising ocean energy technologies on equal footing with established marine-based renewables, such as offshore wind, and introducing a dedicated regulatory framework tailored to the unique characteristics of tidal, wave, salinity gradient and ocean thermal energy technologies, could support the permanent integration of clean ocean energy into the EU's energy mix.

Unlocking the potential of ocean energy

Europe's extensive coastline and the predictable nature of ocean energy make it a promising contributor to the EU's energy transition. However, the regulatory landscape poses several restrictions and challenges that developers of tidal and wave energy plants must navigate.

A comprehensive grasp of the regulatory landscape, including country-specific requirements, permitting processes and compliance obligations, is essential for overcoming potential barriers and ensuring project viability. This applies to project developers, as well as investors and suppliers involved in the capital-intensive yet promising field of ocean energy.

author: Patrick Barabas