Chapter IX.37: Regulation of wind energy in the European Union

Abstract

Wind energy is a key piece of the energy transition taking place in the EU. This renewable source of energy already represents 13 per cent of the annual electricity consumption of the EU -overwhelmingly from onshore facilities -with this share expected to double by 2030. This chapter analyses several legal aspects of the development of onshore wind energy, both in EU and national law, for a panel of Member States (Denmark, France, Germany, and Spain). Indeed, reaching this current level of wind energy penetration in the EU has required the development of stable and consistent national legal frameworks alongside generous support schemes. In recent years, these schemes have evolved to allow for wind energy to be better integrated into the electricity market. The legal frameworks established have also served to protect and preserve the wider environment (encompassing biodiversity, landscapes, residential areas, and some technical aspects such as radars and air navigation). Recently, new regulatory challenges have arisen regarding the repowering (replacement) of aging wind farms.