The editors are very pleased to present the European Energy Law Report XIV. The European Energy Law Report is an initiative taken by the organizers of the European Energy Law Seminar which has taken place on a regular basis in the Netherlands since 1989. The aim of this seminar is to present an overview of the most important legal developments in the field of international, European Union (EU) and national energy and climate law. Whereas the first seminars concentrated on the developments at the European Community level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU directives on the internal electricity and gas markets, promoting renewable energy sources, mitigating climate change and securing energy supply. This approach can also be found in the present volume.

Similar to the previous European Energy Law Reports, this book includes chapters based on papers presented at the preceding European Energy Law Seminar (EELS), which is held on an annual basis. In this case, the book covers the main contents of the European Energy Law Seminars of 2020. Although a wide range of topics and developments were discussed at the seminar, we recognise that the common thread is energy transition and cross-border energy activities and their impacts. These issues are discussed in the five parts of this volume. As a preliminary matter, the book starts by presenting three developments that will have an impact on the EU and EU energy law (Part I). These are Brexit and its effects on the EU energy market, followed by a chapter on possible changes of the Energy Charter Treaty and their impact on energy transition, and a chapter reviewing the progression towards the EU’s 20-20-20 goals. The next part (Part II) concentrates on EU case law and in particular on State aid cases in relation to renewable energy sources (and in particular offshore wind) and energy transition measures. Part III reviews some key legal and market developments as well as new infrastructure projects aiming at ensuring cross-border energy flow in Europe. The next two parts discuss two new developments relevant for the energy transition.

The European Energy Law Report XIV presents an overview of the most important developments in the field of international, European Union (EU) and national energy and climate law as discussed at the 31st European Energy Law Seminar, which was held on 20 and 21 January 2020 at The Hague in the Netherlands. Although a wide range of topics and developments were discussed at the seminar, we recognise that the common thread was energy transition and cross-border energy activities and impacts. These issues are discussed in the five parts of this volume. As a preliminary matter, the book starts by presenting three developments that will have an impact on the EU and EU energy law (Part I). These are to start with Brexit and the effects on the EU energy market, and subsequently the possible revision of the Energy Charter Treaty and how this may impact the process of energy transition, and finally the compliance dynamic instaured by the EU’s 20-20-20 goals. Part II then concentrates on EU case law and Commission decisions in State aid cases in relation to renewable energy sources and energy transition measures (particularly offshore wind). Part III reviews some key legal and market developments as well as new infrastructure projects aiming at ensuring cross-border energy flow in Europe. The two final parts discuss new developments relevant for energy transition: in Part IV, the concept of energy communities and how this translates into EU and national law; and, in Part V, the production and use of green hydrogen in the EU and the North Sea area.

DEVELOPMENTS IN THE EU AND EU ENERGY LAW

Brexit has been a topic discussed at the European Energy Law Seminar for several years. In the previous Energy Law Report, Silke Goldberg wrote a chapter entitled ‘Brexit and Its Impact on the Energy Sector: Pulling the Plug?’. Since December 2020, the question can be answered and Chapter I analyses the consequences of the United Kingdom (UK) pulling the plug.

The chapter reviews the use of local content requirements (LCRs) in the Norwegian oil and gas legislation. Looking at the evolution of the regulation of LCRs over time and structured around two main phases, it intends to identify some best practice in terms of sustainability. In the primary phase of the development of the Norwegian petroleum sector (1970s to mid-1990s), the national legislation included explicit LCRs. The chapter provides a categorisation of the different forms of LCRs practised at that time under Norwegian law. In the second phase, the use of LCRs has been constrained by the obligations deriving from the entry into force of the European Economic Area (EEA) Agreement in 1994 (including the Licensing Directive 94/22/EC and internal market rules), and the application of the relevant WTO Agreements after Norway joined the WTO in 1995 (TRIMs agreement, GATS). Norway has also entered into a series of Bilateral Investment Treaties (BITs) which can restrain the country’s ability to include LCRs. The chapter consequently reviews the changes introduced by Norway’s accession to the EEA, to the WTO and the implementation of certain BITs for Norwegian practices. The final part of the chapter draws conclusions in terms of a sustainability framework for LCRs and the lessons that can be drawn from the Norwegian experience that can serve as effective transplants - both prerequisites and barriers - in other jurisdictions. Innovative legal approaches to promote such strategies are cited when applicable.