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This book is a Liber Amicorum for Martha Roggenkamp, Professor of Energy Law at the University of Groningen, the Netherlands. The chapters in this book celebrate her unique contribution to energy law. Martha Roggenkamp is a true force of energy, both personally and professionally. Her chair in energy law at the University of Groningen was the first in the Netherlands. She co-established the Dutch Energy Law Association and co-founded the Groningen Centre of Energy Law and Sustainability. With a formidable range of seminal publications, building on a large number of externally funded research projects, and of course her hearty laugh, she is one of the leading women in energy law in the Netherlands, in Europe and beyond. The chapters in this book showcase the diversity of the subject matter, the high academic standards as well as the connections that Martha Roggenkamp has nurtured across decades and continents. Painter portrait: Rianne SmitPhotographer portrait: Dirk FennemaCover design: Bas EkkersTypesetting: Riëtte van Zwol, LINE UP boek en media bv Publisher: University of Groningen PressBroerstraat 4 9712 CP Groningen Production support: LINE UP boek en media bv This publication is peer reviewed Editor Biographies Ruven Fleming is Assistant Professor of Energy Law at the University of Groningen, the Netherlands, and Visiting Lecturer at TU Berlin, Germany. He is also Project Leader of hydrogen projects at the German Fuel Institute (DBI), TU Freiberg, Germany. Kars de Graaf is Professor of Public Law and Sustainability at the University of Groningen, the Netherlands. He is also Chair of the Dutch Association of Environmental Law (VMR). Leigh Hancher is Professor of European Law at Tilburg University, the Netherlands. She is also part-time Professor at the Florence School of Regulation (FSR) within the European University Institute (EUI) in Florence, Italy. Edwin Woerdman is Professor of Markets and Regulation at the University of Groningen, the Netherlands. He is

In de energietransitie staat het vertrouwen onder druk tussen burgers onderling, tussen burgers en overheid, en tussen overheden onderling. Een analyse van de casus van twee windparken, die als schoolvoorbeeld gelden van hoe het niet moet, maakt duidelijk wat er in termen van vertrouwen mis kan gaan. Inmiddels zijn belangrijke stappen gezet om omwonenden meer tegemoet te komen; denk aan de toegenomen aandacht voor proces- en financiële participatie. Maar daarmee is het vertrouwensprobleem nog niet opgelost.

In order to maximize the use of the energy potential of offshore wind in the North Sea, the North Sea wind Power hub project, co-designed jointly by Denmark, Ger- many and a Dutch consortium, aims to improve the electricity generation and transmission process by connecting offshore wind farms to the mainland through hubs. The latter, according to the consortium’s plans, will be situated, inter alia, on artificial islands erected in the Doggersbank area of the North Sea. The present chapter will analyze the construction plans in light of some key international and EU legal instruments to assess the project’s viability.

The term ‘energy sharing’ was introduced for the first time in EU energy legislation under the Clean Energy for All Europeans package. In particular, energy communi-ties need to be allowed to share energy within the community. while it seems that the term has been deliberately introduced as a new activity, the directives provide little guidance about what it exactly entails. On the basis of a brief literature review on the concept ‘sharing’ and the overall framework and objectives of the directives, this contribution explores what energy sharing could mean and whether and how it could include a ‘caring’ component for an inclusive energy transition.

Er is consensus over het belang van proces- en financiële participatie van de omgeving (burgers en bedrijven) bij de besluitvorming over hernieuwbare energieprojecten. In deze bijdrage constateren wij echter dat er sprake lijkt van een mismatch tussen, enerzijds, de wens om (initiatiefnemers voor te schrijven) voldoende participatiemogelijkheden te bieden en draagvlak te realiseren en, anderzijds, de juridische normen die gelden voor rechtmatige besluitvorming. De toekomstige Omgevingswet biedt op dat punt slechts weinig verandering. Is participatie gebaat bij verdere regulering? Of volstaat een goede toepassing in de praktijk op basis van beleid, gedragscodes en richtlijnen?

Should the carbon price be high to stimulate climate-friendly technologies or should it be low to realize inexpensive emission reductions? This ‘carbon price paradox’ is unraveled for the EU on the basis of legal, economic and political arguments. Legally, the primary aim of the EU ETS Directive is to promote cost-effective emission reductions. Economically, the rate of emission reduction in the EU ETS and to an increasing extent also its indirect impact on technological innovation are not so much determined by the level of the allowance price, but rather by the rate at which the emission ceiling falls. Politically, a lower carbon price creates room to lower the emission ceiling more quickly. In sum, society should welcome a low carbon price.

The North Sea has long been the energetic backbone of the surrounding countries and its hydrocarbon resources have enabled economies to grow. however, faced with an unsustainable level of greenhouse gas emissions, as well as with the deple-tion of hydrocarbon resources, the North Sea is described as a ‘sea in decline’. The coming decades will see two parallel developments in the North Sea: major invest-ments will be needed to decommission disused hydrocarbon assets while at the same time renewable energy projects will be developed. The question that arises is what legal barriers such a transition entails and how the integration of a renewable energy system in the North Sea should be regulated.

The public energy company might experience a serious come-back in the Dutch energy sector. The ideas that drove (local) governments to privatise a few decades ago now seem to have been replaced by the idea that public energy companies could fulfil a role in the energy transition. Public energy companies can take into account social or community interests that commercial companies not always do and they allow local governments the opportunity to exert influence, for instance when developing renewable energy projects or when rolling out heat networks. however, they do not always operate at the lowest societal cost. Therefore, each time when a public energy company is founded or expanded, it should be reflected whether this serves the public interest and how the risks of the project can be mitigated.

Regardless of decades of social mobilisation, scientific research and political declarations to act against climate change, greenhouse gases emissions are spiralling up and are sending us towards a disastrous climate situation in the decades to come. Research shows that relying on a green growth strategy to avoid this fate is at best a gamble. Therefore, a much safer way to tackle climate change is to follow a degrowth strategy, relying on a steep reduction in energy and materials consumption, starting with developed countries. The implementation of such a strategy needs to be reflected in the law, hence also in EU energy law. This would require questioning existing principles, targets and instruments in order to increase the climate ambition level and to ensure targets can be reached on time.

Energy and taxation is a rich field for research and its societal relevance is high. In this Chapter I provide an overview of the research I did in this field, made enthusiastic on this topic by Martha Roggenkamp. Next, I provide an update of the research my colleague Jan Bouwman and I have done on the question whether tax law will act as a barrier or as a tool for promoting CCS for a project initiated by Martha Roggenkamp and Edwin Woerdman on the capture, transportation and permanent storage of CO2. I conclude that the EU would do well by taking the U.S. experience as example, using a tax credit as a tool for incentivizing investment in carbon capture and sequestration.

This book is a Liber Amicorum for Martha Roggenkamp, Professor of Energy Law at the University of Groningen, the Netherlands. The chapters in this book celebrate her unique contribution to energy law. Martha Roggenkamp is a true force of energy, both personally and professionally. Her chair in energy law at the University of Groningen was the first in the Netherlands. She co-established the Dutch Energy Law Association and co-founded the Groningen Centre of Energy Law and Sustainability. With a formidable range of seminal publications, building on a large number of externally funded research projects, and of course her hearty laugh, she is one of the leading women in energy law in the Netherlands, in Europe and beyond. The chapters in this book showcase the diversity of the subject matter, the high academic standards as well as the connections that Martha Roggenkamp has nurtured across decades and continents.

Hydrogen Networks are expensive and, at times, technically challenging to build. Yet, the regulation of hydrogen networks is in full swing across Europe, as hydrogen is key in energy policy agendas across the European Union. While the technical aspects of hydrogen usage and the transition to a hydrogen economy become increasingly clear, the legal framework that would be required to facilitate this transformation remains underdeveloped. This chapter briefly sketches the current state of the art when it comes to both EU hydrogen policy and the emerging EU’s regulatory framework for hydrogen networks. The chapter also includes a brief example on how hydrogen networks are regulated in the EU’s biggest Member State, Germany. It finds that, while legal frameworks are increasingly taking account of hydrogen networks, essential parts of the regulatory framework merely exist in draft form and/or require further elaboration in the years to come. Martha Roggenkamp’s substantive works on the regulation of natural gas networks will remain an important focal point for the development of a legal framework covering the ‘new world’ of hydrogen networks

The platform could become an effective emergency tool to safeguard Europe’s gas supply, but policymakers need to address challenges to make it work.