Offshore Wind Worldwide 2022 edition - Flipbook - Page 100
100
Hogan
Lovells
Germany
H. Costs and risk of legal challenges
In general, there is no risk regarding possible
successful challenges of the rights to use the
land. As explained above, in the EEZ and
within the 12nm zone the right to use the
land is included in the planning approval
which becomes final and binding upon expiry
of the respective remedy periods. The
responsibility for the construction and
operation of the GCS is with the relevant
TSO; in case of interruptions in the operation
or delays in completion of the GCS, the OWF
owner is entitled to receive a compensation
(see above).
VII. Other energy generation areas
pipelines for the transmission of energy is
excluded. The area in the Baltic Sea may be
connected to onshore (however by definition
not to the onshore electricity grid) via a cable
system (to be constructed by the operator of
the area).
As part of the 2020 reform of the Offshore
Wind Energy Act, the act has also been
amended with a view to “other energy
generation areas”. By definition, “zones”,
and “sites” are areas reserved for OWTGs,
which are (to be) connected to the onshore
electricity grid.
In comparison, “other energy generation
areas” are designated for OWTGs and “other
energy generating facilities” which are not to
be connected to the onshore grid.
“Other energy generation areas” are defined
as facilities for the generation of energy
offshore (i) from renewable sources other
than wind or (ii) generating other forms of
energy (than electricity). This allows, for
example, the generation of hydrogen.
Currently, the Site Development Plan 2020
has introduced determinations for two other
energy generation areas, one in the North
Sea and one in the Baltic Sea. For the area in
the North Sea the construction of cables or
The entitlement to apply for a planning
approval is exclusive to the successful bidder
in a tender process. The applicable criteria
for the tender are determined in the
Ordinance on the Tender of Other Energy
Generation Areas (Sonstige-Energiegewinnungsbereiche-Verordnung)23, which
came into force in October 2021. The basic
objective of this ordinance is to enable the
practical testing and implementation of
innovative concepts for energy production
not connected to the grid in a spatially
ordered and land-saving manner.
With the amendment of the Energy Industry
Act, regulations for the construction,
operation and modification of hydrogen
grids (cf. sec. 28j et seqq. of the Energy
Industry Act) came into force in July 2021.
23 Available at: https://www.bmwi.de/Redaktion/DE/Downloads/E/verordnung-zur-vergabe-von-sonstigen-energiegewinnungsbereichen.
pdf?__blob=publicationFile&v=16.