'Crack whip' over wind permitting, industry chief urges EU

The EU “needs to crack the whip” over the refusal by its member states to enforce new rules over renewable energy project permitting, said the head of European wind power's main industry group.

Giles Dickson, CEO of WindEurope, said “a lack of political courage” shown by some nations that have failed to implement beefed-up EU regulations risks keeping wind growth stuck in the slow lane.

As well as spurring more capacity through auctions – a record 29GW was secured in EU tenders last year – Brussels officials are desperate to help clear a smoother path for projects into construction.

The European Commission set a deadline of 1 July last year for member states to transpose into national law new EU requirements that allow overriding public interest to be invoked when wind projects are challenged. That is seen as a crucial tool for clearing a path through the consenting system for projects that would otherwise be bogged down for years by opposition.

The WindEurope CEO said when they were challenged on the issue, the response from Spanish officials was “it’s really difficult with the autonomous communities, the regional governments of Spain. It’s really difficult to impose this.”

That is, said Dickson, an “unsatisfactory response” from one of the EU’s largest member states, but shows the need for the bloc to first assist its members but then, if necessary, get tough to ensure its directives are enacted.

“The EU needs to crack the whip,” said the WindEurope CEO, noting that early letters warning of potential infractions had already been sent out to erring member states.

“There is a process by which the European Commission reminds them of their legal obligations. If they’re not satisfied there’s a plan in place, the Commission will up the ante.”

That could ultimately involve taking the member state to the European Court of Justice, a process that could theoretically result in “billions of euros” of fines. “The powers are all there,” said Dickson.

WindEurope hopes more states will follow the example of Germany which, by contrast, has turbocharged permitting thanks to the enforcement by its courts of overriding public interest.

“Very quickly judges started invoking it when people were challenging permits,” resulting in a series of developer wins, said Dickson. That sent positive signals to planning officials who have more confidence that when they issue a permit, “judges have their backs”.

“If you’re a civil servant and you fear judges are going to strike down your permit, you’re instinctively more reluctant to issue them. If you see them upholding your permits, wow, that changes your mindset.

“That’s a key reason [Germany’s] now issuing 15GW a year of onshore permits.”