Faculty of Law

Offshore wind farms can "steal" wind from each other

Offshore wind farms can “steal” the capacity of other farms by up to 20 percent up to 50 kilometres away, due to wake loss. The regulation is ambiguous and needs to be developed to accommodate large-scale offshore wind development in the North Sea and other ocean areas, according to PhD Candidate Eirik Finseraas at the Faculty of Law, University of Bergen.

Eirik Finserås
According to PhD Candidate Eirik Finseraas, the extraction of offshore wind resources is poorly regulated and only loosely mentioned in the Law of the Sea Convention.
Kim E. Andreassen

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Offshore wind farms can reduce the availability of downstream wind resources of other farms by as much as 20 percent within 50 kilometres, due to so-called wake effects (see facts). This is shown by interdisciplinary research from the University of Bergen (UiB).

"The incentive to develop an offshore wind farm can diminish with just a five percent reduction in capacity, based on economic considerations," says PhD candidate Eirik Finseraas at the Faculty of Law, University of Bergen (UiB).

Finserås recently published the article "Gone With the Wind? Wind Farm-Induced Wakes and Regulatory Gaps" in Marine Policy, which examines Norway's planned offshore wind farm development in “Sørlige Nordsjø II” in the North Sea, in collaboration with researchers from the Bergen Offshore Wind Centre (BOW).

Stealing wind from each other

The Norwegian government is currently planning the development of offshore wind farms in Sørlige Nordsjø II (SN2). The planned Danish wind farm Nordsren III vest is located only 22 km southeast of SN2. According to the published literature this distance is short enough so that farm-induced wakes affect significantly the power production of both SN2 and Nordsren III Vest, with an effect between States.

"The Norwegian offshore wind farm in Sørlige Nordsjø II will likely 'steal' wind from the proximate Danish planned offshore wind farms and vice versa. Whether this will have any legal consequences is difficult to say," Finserås points out.

Poorly regulated

According to Finserås, the extraction of offshore wind resources is poorly regulated and only loosely mentioned in the  Law of the Sea Convention. United Nations Convention on the Law of the Sea states that states have sovereign rights to extract wind energy.

"Beyond the recognition of this right, the Law of the Sea Convention does not impose any explicit limitations on the extraction of wind energy and its likely cross-border wake effects," says Finseraas.

"More implicitly, however, one could interpret one potential limitation as meaning that you need to notify and consult other States that your offshore wind farm may have transboundary wake effects."

Beyond being a good neighbour by consulting other States, there is no obligation to enter into agreements with them or to take other steps to limit likely transboundary wake effects.

"As far as I know, Norwegian authorities have not consulted the Danes with regards to the likely transboundary wake effects resulting from offshore wind development in Sørlige Nordsjø II," Finseraas says.

More political cooperation is needed

To ensure an efficient energy transition, authorities in States should collaborate and find appropriate solutions to avoid wake losses, according to Finserås.

It is possible to establish binding agreements between States at different levels, through the EU, and through other international laws that directly concern two or more States.

"In any case, regulatory frameworks need to be developed and made clearer regarding the regulation of offshore wind farms and the challenges related related to wake effects, such that the green energy transition is carried out as smoothly and effectively as possible," says Eirik Finseraas.