Legal considerations for ET in the EMR

This presentation delves into the legal considerations regarding the construction and exploitation of ET in the EMR, focusing on environmental permits, cross-border cooperation, nitrogen regulations, conflicts of law, property rights acquisition, and international agreements. Explore the complexities and strategies involved in navigating the legal frameworks for this endeavor.

• Legal considerations
• ET construction
• EMR
• International cooperation
• Environmental law

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Presentation Transcript

1. Legal considerations for ET in the EMR 27 November 2023 - FWO

2. Legal considerations For ET Construction and exploitation 250 m underground Envirmonmental law Administrative law Private law In the EMR Construction and exploitation in a cross-border region Administrative law Interplay law and policy

3. Which kind of environmental permits are required and which procedures should be followed in order to receive them? How can we cooperate across national borders to build and exploit ET? What do the current (and future) nitrogen regulations mean for ET? What about conflicts of law resulting from the application of the different national legal frameworks? Should property rights be acquired to build research infrastructure 250 underground?

4. 2 different approaches Coordination Identifying legal issues and formulating deriving cases Follow up of expert analysis Critical reflection Research Identifying legal issues and formulating deriving cases Analysing Reporting

5. How can we cooperate across national borders to build and exploit ET ? Preparatory phase Currently factual administrative cooperation Political will expressed Building & exploitation phase Host consortium Intermediate legal entity

6. How can we cooperate across national borders to build and exploit ET ? Preparatory phase Fromalising (current) administrative projectcooperation = first step Cooperation agreement FWO Nikhef Entry option

7. How can we cooperate across national borders to build and exploit ET ? Preparatory phase Fromalising political administrative cooperation = second step => Several options

8. How can we cooperate across national borders to build and exploit ET ? International agreement European Grouping for Territorial Cooperation (EGTS) Benelux Grouping for Territorial Cooperation (BGTS) Benelux consultation platform Benelux administrative agreement Specific cooperation needs To be identified

9. What about conflicts of law resulting from the application of the different national legal frameworks? Ex ante remediation Border impact assessment in new regulation Cross-border project regulation Ex post remediation International agreements Benelux disposition ECBM/Bridge EU Coordination Simultaneous application of different national provisions

10. What does the structure vision underground mean for ET? How to deal with earthmoving regulations in a cross-border project? How can the compatability of ET and windmills legally be managed? Which sustainability standards should at least be achieved from a legal perspective?

11. (Legal) questions/thoughts? loth.vanderauwermeulen@uhasselt.be