Does the Utilities Sector Directive apply on offshore wind projects in the Exclusive Economic Zone of Norway in light of Article 126 of the EEA Agreement?

Abstract

This thesis aims to clarify the application of EEA procurement law to offshore wind activities in the EEZ. A topic of clear importance, more so in light of the on-going efforts to increase offshore wind activity in Norway. Offshore electricity generation, using floating and bottom-fixed wind turbines, is a rapidly maturing technology that is expected to play an integral role in future clean energy generation systems in Europe. The value creating effect for Norwegian industry is estimated to be 117 Billion NOK over 30 years, creating 124.800 jobs in the process. It is therefore in the best interest of Contracting Entities performing the procurement in the EEZ that the scope of the Utilities Directive is clarified in order to prevent unnecessary lawsuits and claims of damages by competitors.