The North Sea Agreement: reconciling multiple interests and stakeholders

On 8 May 2024, the Sustainable Ocean Community, the Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) and the Netherlands Institute for the Law of the Sea (NILOS) organized a student symposium on offshore wind energy and the North Sea Agreement – a covenant between the Dutch Government and stakeholders to ensure sustainable development and ecosystem health of the Dutch part of the North Sea. This interdisciplinary event brought together students, researchers, policy advisors and other professionals to discuss the expansion of wind energy in the North Sea and the various interests that interact with it.

In 2020, three Dutch Ministries – the Ministry of Economic Affairs and Climate, the Ministry of Agriculture, Nature and Food Quality, and the Ministry of Infrastructure and Water Management – and stakeholders from the energy and nature protection sectors signed the North Sea Agreement. This Agreement lays the foundation for the Dutch policy regarding the North Sea and serves to facilitate the integration of three transitions that are currently taking place there: the energy transition, the nature transition and the food transition. It contains governing principles, such as the concept of multi-use of wind farms, and introduces novel instruments, such as area passports.

The symposium served to create awareness among students about the various transitions that are taking place on the North Sea and the ways in which they interact with one another, to provide insight into how clashes of interests are dealt with, and to discuss various issues that the Agreement still leaves unresolved.

Harm Dotinga, senior lawyer at Vogelbescherming Nederland (BirdLife Netherlands), first introduced the North Sea Agreement to the participants, thereby explaining its background, legal status and main content. Three experts from the energy, nature conservation and fisheries sectors then shared their perspectives on the Agreement: Kees Stiggelbout of NedZero, Pim Somers of Stichting de Noordzee (North Sea Foundation) and Amerik Schuitemaker of the Nederlandse Vissersbond (Dutch Fishermen Association). An active discussion with all participants ensued. The event was moderated by Alex Oude Elferink (UCWOSL and NILOS, Utrecht University).

The presentations and the discussion that followed touched upon a number of important questions, such as: 

• Are nature and those active in the fisheries sector sufficiently protected by the Agreement?
• Should it indeed be aspired to combine the various uses of the North Sea in one and the same area?
• Is there sufficient international collaboration with regard to the North Sea?
• Is there a strong enough business case left for investors to invest in offshore wind farms?
• Should the Dutch energy and/or (sea)food portfolios perhaps be further diversified?
• Has the Agreement been sufficiently implemented so far?
• How may the changed and fragmented political landscape affect the Agreement?
• How should the decommissioning of wind farms be dealt with?

We are very grateful to all the experts and students who joined us for the fruitful discussions.