Regulatory Frameworks for Offshore Wind Energy and Underwater Noise in Europe

The PURE WIND project is an international JPI Oceans project, coordinated by the Norwegian University of Science and Technology (NTNU), with 11 partners from Belgium, Germany, Ireland, Italy, Norway, Poland and Spain. The project aims to improve our understanding of the noise radiating from operational offshore wind farms and how this noise impacts marine life. In addition, it aims to provide policy-relevant tools for regulation and mitigation of those impacts. To learn more about the PURE WIND project, read the Tethys Story here.

The following information on regulatory frameworks is intended to provide an overview of country-specific legislation for the consenting of offshore wind development and management of associated environmental impacts (in particular underwater noise) for those countries involved in the PURE WIND project, along with any common EU directives. This information is intended for general purposes only and should not be construed as legal advice or a legal opinion. It does not represent a complete record of the regulatory requirements for a given country, nor is it correct to assume that all the authorizations necessarily apply to all marine renewable energy projects. As regulations and guidance are updated they will be linked here. Please email nicole.todd@ucc with any questions or corrections for outdated or incorrect information.

Common European Union (EU) Legislation and Standards

For EU member states (out of the countries involved in PURE WIND, this includes Spain, Italy, Germany, Ireland, Belgium, and Poland), there are a number of common directives for the development, monitoring and consent of offshore wind energy projects.

Similarly, for the regulation of environmental impact from offshore wind developments common directives include:

  1. Environmental Impact Assessment (EIA) Directive 2011/92/EU: Requires member states to assess the environmental impact of certain public and private projects, including offshore wind farms.
  2. Marine Strategy Framework Directive (MSFD) 2008/56/EC: Aims to achieve good environmental status of the EU's marine waters by 2020, addressing various issues including underwater noise.
  3. Habitats Directive 92/43/EEC and Birds Directive 2009/147/EC: Protect habitats and species that might be affected by offshore wind projects.
  4. Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC):  Provides the assessment of environmental impacts for planned developments, ensuring environmental considerations are integrated at an early stage.

Given the context of underwater noise as a primary potential impact from the development of offshore wind energy projects, internationally accepted acoustic standards need to be considered for appropriate monitoring and mitigation. These standards include (but are not limited to) ANSI, ISO (particularly ISO 18405 and 18460). For an overview see the Inventory of Existing Standards and Guidelines Relevant to Marine Bioacoustics. Guidance for impulsive and continuous underwater sound in line with the objectives of MSFD is also provided to regulators and EU member states by the European Commission Technical Group on Underwater Noise (TG Noise) (last update 2023).

Belgium

Overall wind energy policy in Belgium is regulated by Federal Public Service (FPS) Economy, SMEs, Self-Employed and Energy.  Federal Public Service (FPS) Health, Food Chain Safety, and Environment is the regulatory body responsible for environmental protection, ensuring that offshore wind energy projects are compliant with environmental laws and standards. The interests of the offshore wind energy sector in Belgium are represented by Belgian Offshore Platform (BOP), providing a platform for dialogue between industry, government and other stakeholders.

The Royal Decree on Offshore Renewable Energy 2002 establishes the procedures for the development of offshore wind farms, environmental impact assessments, and operational requirements. Belgium’s Maritime Spatial Plan for the Belgium Part of the North Sea was adopted by Royal Decree in 2014 and was updated in 2019. Plans for the third MSP are underway with public consultation carried out in 2023. These plans designate specific zones for offshore wind energy development and ensure the coordinated and sustainable use of the maritime space. Belgium’s commitment to reducing greenhouse gas emissions and planned expansion of their offshore wind developments are outlined in in the Belgian Integrated National Energy and Climate Plan 2021-2030.

For environmental assessment and protection, EU Directives including Environmental Impact Assessment Directive 2011/92/EU, Marine Strategy Framework Directive 2008/56/EC, Habitats Directive (92/43/EEC) and Birds Directive (2009/147/EC) are implemented into national Belgian law and mandate the assessment of potential environmental impacts in relation to offshore renewable energy projects.

Germany

Federal Maritime and Hydrographic Agency (BSH) is the key authority responsible for maritime spatial planning, environmental assessments, and the approval of offshore wind energy projects in German waters. Environmental protection, including managing the potential impacts of offshore wind and compliance with environmental standards, is supported by the German Environment Agency (UBA). The growth of renewable energy developments, in line with energy policies, is regulated by  Auctions for offshore wind, and efficient grid connection is overseen by Federal Network Agency (BNetzA).

The legal framework for the support and development of renewable energy projects, including offshore wind, in Germany is provided by Renewable Energy Sources Act (EEG 2023), where targets are set to generate 80% of the national electricity supply from renewable energy sources by 2030. The Wind Energy at Sea Act (WindSeaG 2027) specifically regulates the development of offshore wind energy. This legislation aims to streamline the planning and approval process for developments, outlining the procedures for site allocation, tender, and the conditions for construction and operation of wind farms.

In 2010, Germany adopted the Nature Conservation Act (BNatSchG) that would require offshore wind projects to consider the potential impacts on nature and biodiversity, and implement measures to mitigate any adverse effects. EU Directives the Marine Strategy Framework Directive (MSFD) 2008/56/EC and Environmental Impact Assessment (EIA) Directive 2011/92/EU have been transposed into German law by the Marine Environmental Protection Act 2015, and Environmental Impact Assessment Act (UVPG) respectfully.

Ireland

In Ireland, the Department of Housing, Local Government and Heritage overseas the planning and development, including the implementation of the Foreshore Act (1933) and the National Marine Planning Framework (NMPF). The NMPF implemented in 2021 is Ireland’s first marine spatial plan and aims to provide a framework for the development of offshore wind energy projects, which balancing economic, environmental and social considerations. Additionally, An Bord Pleanála is Ireland’s national independent planning body that reviews planning decisions, including those related with offshore wind energy projects, ensuring that environmental and public interests are considered. Following the introduction of the Maritime Jurisdiction Act and Maritime Area Planning (MAP) Act in 2021, in 2023, Maritime Area Regulatory Authority (MARA) was established as a new state agency which will have a key role in the licensing and consent of maritime activities and sustainable developments, such as offshore wind energy projects.

In 2014, the Department of Environment, Climate and Communications published Irelands first Offshore Renewable Energy Development Plan (OREDP), providing a framework for the sustainable development of offshore renewable energy. Ireland is now transitioning to a more plan-let approach to offshore renewable energy development, this will be informed and supported by OREDP II. The Climate Action Plan 2021 also recognises the involvement of offshore wind energy projects, along with other renewable energy developments to meet reduced emission targets by 2020.

Assessment of offshore wind energy projects and compliance with environmental regulations is provided through the Environmental Protection Agency (EPA). The Planning and Development Act (2000) requires that Environmental Impact Assessments (EIAs) and Appropriate Assessment (AA) are carried out for development projects, ensuring that environmental considerations are integrated into the planning process. Ireland’s 4th National Biodiversity Action Plan 2023-2030 has been established to build upon the National Biodiversity Action Plan 2017-2021. The Marine Strategy Framework Directive is integrated into national law through the European Communities (Marine Strategy Framework) Regulations 2011, amended 2018. Similarly, the EU EIA Directive is implemented at a national level via the European Communities (Environmental Impact Assessment) Regulations 1989. The EU directives Habitats Directive (92/43/EEC) and Birds Directive (2009/147/EC) are implemented in Ireland through the protection of designated species and habitats, the assessment of potential impacts on protected sites, and the implementation of mitigation measures.

Italy

The Ministry of Ecological Transition (MiTE) is primarily responsible for environmental and energy policies, including the regulation of offshore wind energy projects. Italy’s strategy for achieving its energy and climate goals, including the expansion of the offshore wind sector, are outlined in the National Integrated Energy and Climate Plan (PNIEC). The development of renewable energy projects, including offshore wind, is regulated under Legislative Decree No. 387/2003 (Promotion of Renewable Energy). For matters regarding environmental protection, Legislative Decree No. 152/2006 (Environmental Code) implements the EU directives, including those related to environmental impact assessments, water quality and marine biodiversity protection. Environmental Impact Assessment (EIA) Decree 2017, in alignment with the EU EIA Directive 2011/92/EU, requires EIA for offshore wind projects. The EU Marine Strategy Framework Directive (MSFD) 2008/56/EC has also been transposed into national legislation through Decree No. 190/2010. The Italian Maritime Spatial Plan (Piano di Gestione dello Spazio Marittimo) has also been developed in line with the EU Directive on Maritime Spatial Planning (2014/89/EU), providing an integrated framework for the management of maritime activities.

Norway

The main regulatory authority responsible for Norway’s marine resources, including the licensing and regulation of offshore wind projects is the Norwegian Water Resources and Energy Directorate (NVE). The Norwegian Environment Agency oversees the implementation of environmental regulations and ensures that offshore wind projects comply with environmental standards.

The sustainable management of marine resources is managed under the Marine Resources Act 2009. The consent and construction of offshore wind energy projects is managed by the Planning and Building Act 2008, requiring developers to undertake comprehensive planning, public consultations and assessment of potential environmental impacts. The primary legal framework  for the licensing and development of offshore wind energy projects is the Offshore Energy Act 2010. The construction of offshore wind energy (and other renewable energy projects) can only take place after the Norwegian Government opens specific geographic zones for license applications. A strategic environmental assessment (SEA) is required prior to the opening of zones.

Monitoring and management of the impact of potential environmental impacts from offshore wind energy projects (including but not limited to underwater noise) is governed under the Pollution Control Act 1981, Nature Diversity Act 2009 and Water Resources Act 2000. The Harbours and Fairways Act 2009 ensures the coordination of offshore wind projects with other marine and maritime interests.

Poland

In Poland, the Ministry of Climate and Environment is the primary authority responsible for environmental protection, climate policy and the development of renewable energy projects, including offshore wind. General Directorate for Environmental Protection (GDOŚ) oversees environmental impact assessments and ensures that developments comply with environmental regulations. Industry is represented in Poland by the Polish Wind Energy Association (PWEA), advocating for favourable regulatory conditions and providing industry insights to policy makers. Licensing of offshore renewable energy developments is regulated by Energy Regulatory Office (URE).

Offshore wind energy is a key component of Poland’s renewable energy strategy as outlined in Energy Policy of Poland until 2040 (PEP2040). The regulatory framework for the development of renewable energy projects is supported by the Renewable Energy Sources Act, 2015. Act on Providing Information on the Environment and its Protection, Public Participation in Environmental Protection, and Environmental Impact Assessments was introduced in 2008 to require the public participation in environmental impact assessments for offshore wind projects and integration of stakeholders and the public throughout the decision-making process. Act on Maritime Areas of the Republic of Poland and Maritime Administration (1991, amended in 2011) governs the management of Poland’s maritime regions, including spatial planning and consenting for offshore development. Poland’s Maritime Spatial Plan was adopted in 2021 regulated by the Ministry of Infrastructure.

Regarding the protection of the environment, the Environmental Protection Act 2001 and the Nature Conservation Act 2004 are the key legislative frameworks supporting the preservation of biodiversity and mitigation of any potential impacts from offshore wind developments. Common EU directives (including EIA, MSFD and Habitats & Birds Directives) are also implemented in Polish law.

Spain

In Spain, environmental policies, energy and climate change are managed by the Ministry for the Ecological Transition and the Demographic Challenge (MITECO). MITECO’s goals detailed in the Offshore Wind and Marine Energy Roadmap and in the updated National Integrated Energy and Climate Plan 2023-2030, is to three gigawatts of installed offshore wind energy by 2023, in addition to 60 megawatts of energy from other marine renewable sources.

Royal Decree 1028/2007 establishes the procedures for the application, evaluation and authorisation of offshore wind energy projects. A roadmap for offshore wind and other marine renewable energy projects have been identified with updated marine spatial planning legislation (Royal Decree 150/2023, transposed from Directive, with the aim of promoting research and innovation, and support for the development of floating offshore wind technology.

Law 21/2013, on Environment Impact Assessment implements the EU EIA Directive 2011/92/EU, requiring offshore wind energy projects to evaluate the potential effects on the environment, including marine ecosystems and underwater noise. Law 2/2013, on the Protection and Sustainable Use of the Coastal and Marine Environment, integrates environmental considerations into the planning and development of offshore wind energy projects.

Further information on offshore wind governance, regulation, and impact of underwater noise can be accessed through the Tethys Knowledge Base.

(Last updated July 2024)
Author: Nicole Todd, University College Cork (UCC)