Planning and permitting procedures in Europe: BBH publishes new study on obstacles for renewable energy installations

The BBH group and the experts of BMH AVOCATS, VERDIA Legal, ADVOKATBYRÅN SIGEMAN & Co AB analysed the efficiency of planning and permitting procedures for renewable energy installations in France, Spain, Sweden and Germany. The expert report was prepared with the support of the Breakthrough Energy Foundation and published today. It clearly shows that there is need for action in all countries.

In collaboration with three other European law firms, BBH analysed the planning and permitting procedures for renewable energy installations as well as grids, storage facilities and electrolysers in Europe. The results from France, Spain, Sweden and Germany demonstrate that there is a lack of significant progress in accelerating permitting procedures despite some efforts by the EU Member States. This is slowing down the energy transition. 

The obstacles in the permitting procedures are as diverse as the regulations in the four Member States. They range from a lack of coordination between the administrative authorities in Spain and the Swedish municipal right of veto, which leaves projects in limbo, to stalled projects in France because of the enormous backlog of facilities awaiting grid connection, and regulatory obstacles as well as a shortage of qualified staff in the permitting authorities in Germany. There is (almost) nothing that you will not find. 

Andreas Große, partner and lawyer as well as specialist lawyer for administrative law comments: “The comparison between the countries shows that procedures with an average duration of two to three years are quite good; applicants often have to wait much longer for the “go-ahead” of their project. The acceleration of permitting procedures is crucial for a successful energy transition in Europe. We urgently need simplified procedures and a clear legal framework.”

Dr. Wieland Lehnert, partner counsel and substantively involved in the analysis as well, adds: “At European level, important steps have been taken to accelerate planning and permitting procedures. Our study shows that it is now crucial to effectively transfer the momentum from Europe to the Member States to ensure a real acceleration of permitting procedures also in legal practice.”

The study is available free of charge and can be downloaded here. The Executive Summary of the study is available here. For more information please see here.

With more than 700 employees, 7,000 clients and 7 offices, the BBH group is a leading provider of advisory services to energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. The BBH group assists these and many other companies and organisations with legal, business and strategic advice.

 

Contact:
Prof. Dr. Ines Zenke
Rechtsanwältin/Lawyer, Partner
Phone +49 (0)30 611 28 40-179
ines.zenke@bbh-online.de

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