TITLE:
The Legal Governance of Geothermal Energy in Europe: A Historical Review and an Indicator Analysis
AUTHORS:
Mária Hámor-Vidó, Tamás Hámor, Rim Khedri, Katalin Bódis, Anikó N. Tóth
KEYWORDS:
Geothermal Energy, Renewable Energy, Legal Governance, European Union
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.2,
June
19,
2024
ABSTRACT: Along with decarbonization, the importance of renewable energy has increased significantly in the European Union (EU) since the turn of the century, and even more during the war in Ukraine. This study is an indication of how legislation making can be more a driver than an obstacle for innovation. The applied methodology includes an in-depth review of ca. 200 pieces of the EU legislation of the last half century, and a text mining exercise in the EU EUR-LEX database to provide a quantitative set of scores independent of the subjective expert judgment. The historical review of the EU law (“acquis”) reveals that many aspects of the geothermal value chain are covered by the acquis. The quantitative text search of EU policy documents and legal pieces indicates how the intensity of policy making correlates with major drivers on energy and on renewable energy. The regulatory environment of exploration and extraction of high enthalpy geothermal energy is similar to that for hydrocarbons, so some EU member states apply the Hydrocarbons Directive (Annex 32) voluntarily. The legislation on low enthalpy geothermal projects is more detailed regarding technical safety, water management, environment and energy efficiency. Because of conflicts with other emerging subsurface resource uses, such as groundwater/gas/carbon storage and urban underground infrastructure, there is a need for coherent regulatory practices. The broader coverage of this value chain is restricted by the current lack of acquis on spatial development, financial instruments, and geological assets. Addressing these is left to the respective sovereign regulations of member states.