Work package 4

Development of a design for a possible legal framework for the realisation of a cross-border local energy system Emmen-Haren.

The research is being conducted by the University of Groningen; specifically, the Groningen Centre of Energy Law, and Agrowea.

The research consists of two main components:
– An analysis of the current EU legal framework and the judicial situation on both sides of the border.

– The development of a proposal for a judicial framework to create a local energy community in the Emmen– Haren region. In the development of this framework, the following must be taken into account:

  • The development of (renewable) production capacity of the region and the need to remove any impediments. There are differences in the permit systems and subsidy regulations. It must be evaluated whether these are an impediment and/or regulatory options in the context of a joint project, as provided in guideline 2009/28/EC, can be used.
  • The construction of a cable/connection between Emmen and Haren, or the Dutch grid and the German grid. The different unbundling regimes in the Netherlands and Germany must be taken into account in this. The main question in this is the way in which such a connection must be qualified. Is it an inter-connector and can anyone, other than TSBs construct such a connection, or is it “something else”?
  • The position of the consumer and the prosumer, as well as any energy storage must also be determined.
    Can prosumers supply to each other? What position does energy storage have in this system and to what degree is this already regulated by national law?
  • Next, the research examines the question of whether the proposed project, or the cross-border cable to be installed, can be qualified as a (component of) a local energy system. If so, how is this local energy system restricted and how does this system compare to currently existing (distribution) systems on both sides of the border?
  • The results are related to the issue of a future cross-border organisation and management system to make cross-border, decentralised energy exchange possible. It is important to find out how management and participation models can be set up for a cross-border wind farm, considering the differences between the Netherlands and Germany.