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Onshore wind power development in Sweden and Finland
Practical Law UK Articles 5-521-8954 (Approx. 14 pages)
Onshore wind power development in Sweden and Finland
| Law stated as at 01 Oct 2012 • Finland, Sweden |
This article gives an overview of the regulatory framework and economic incentive schemes affecting the development of onshore wind power projects in Sweden and Finland. It looks at the:
Political drivers for wind power investments
Renewable energy is a potent tool in reducing a country's dependence on fossil fuel and mitigating global climate change. The potential win-win strategy of combining energy and environmental policy is an obvious reason why the EU has set ambitious goals for increasing the share of renewables in the total energy mix.
Each EU member state has a national target for the share of renewable energy that should be achieved by 2020. These targets are set in Directive 2009/28/EC on the promotion of the use of energy from renewable sources (Renewable Energy Directive). Under these targets Finland must increase renewables' share of the gross final energy consumption from current levels of around 30% to 38%, and Sweden from around 40% to 49%, by the year 2020. There is a further EU-level target for the share of energy from renewable sources in transport, set at 10% across the board for all member states.
Much has already been achieved in Sweden and Finland in relation to the promotion and utilisation of renewable energy sources. The hefty shares of renewables in both countries consist mainly of the use of biomass and waste, as well as hydropower. However, wind power has been identified in both countries as an essential component in diversifying and increasing the share of renewables in energy production.
Currently, wind power represents a large but still rather unexploited energy source in both Sweden and Finland. In 2003, 0.5% of electricity produced in Sweden came from wind power. Since then, the production and number of installed wind power turbines has steadily increased and in 2011, 4.3% of the total produced electricity in Sweden came from wind power. In Finland, wind power development is still in its infancy, but the goals in both countries are impressive. In Finland, the ambition is to increase wind power production from effectively zero to six TWh by 2020. The equivalent Swedish goal is a staggering 30 TWh, up from current levels around two TWh.
However, ambitions and targets will remain elusive if the right market conditions and regulatory frameworks are not in place to support and encourage wind power developers.
Summary table of main regulatory permits and procedures
Sweden | Finland | ||
Mid-sized wind farm | Large wind farm | ||
Obligatory permits | |||
Notification or decision from the local municipal committee. | Consultation process. | Environmental impact assessment. If less than ten units or total capacity less than 30 MW, only if considerable environmental impacts. | |
Building permit. | Environmental impact assessment. | Planning decision. | |
Environmental permit. | Building permit. | ||
Statement on radar impact study. | |||
Aviation obstacle permit An exemption from permit obligation possible under certain circumstances. | |||
Permits required on a case-by-case basis | |||
Local plan: if the wind farm is to be established in a populated or otherwise attractive area. | Local plan: if the wind farm is to be established in a populated or otherwise attractive area. | Environmental permit: if causes or could cause nuisance to surroundings or neighbours. | |
Network concession: if an electrical high voltage cable shall be built. | Network concession: if an electrical high voltage cable shall be built. | Construction licence: if an electrical high voltage cable shall be built. | |
Permit in accordance with the Cultural Heritage Act: if built on, or close to, an ancient monument. | Permit in accordance with the Cultural Heritage Act: if built on, or close to, an ancient monument. | Exemption order regarding antiquities and relics: if harms or alters antiquities/relics. | |
Right of wiring. if wiring will be made on someone else's land. | Right of wiring: if wiring will be made on someone else's land. | Right of wiring: if agreement with landowner is not reached. | |
Water permit: if carried out in or on a body of water or if the construction work has impacts in the body of water. | Water permit: if carried out in or on a body of water or if the construction work has impacts in the body of water. | Water permit: if carried out in or on a body of water or if the construction work has impacts in the body of water. | |
Permit for infringements of protected areas under the Environmental Code: if the area is particularly protected. | Permit for infringements of protected areas under the Environmental Code: if the area is particularly protected. | Exemption order regarding nature conservation obligations: if affects protected species or habitats. | |
Regulatory framework in Sweden
When planning to establish a wind farm, location is the critical issue and access to wind energy the single most decisive factor. About 2% of the Swedish land area is designated as being of national interest for wind power, due to, for example, favourable wind conditions. Wind farms can be built in other areas as well, but the applicant would have to explain why that location is preferred.
Depending on the size of the wind farm, two different permit procedures may be relevant. An operator must apply for a permit, which must include an environmental impact assessment (EIA), at the County Administrative Board if the wind farm meets the criteria to be considered to be a large wind farm under the Environmental Code (see below, Permitting process for large wind farms). A wind farm is considered to be large when either of the following criteria are met:
- Two or more wind turbines stand together and at least one of the turbines is more than 150 metres high.
- Seven or more wind turbines stand together and at least one wind turbine is higher than 120 metres.
Wind farms that do not meet these criteria are considered to be mid-size.
Permitting process for mid-sized wind farms
If the wind farm is mid-sized, or if a single wind turbine is higher than 50 metres, the local municipality must be notified of the establishment and the operator must apply for a construction permit.
Notification to the local municipality
A written notification must be sent to the local municipality before establishing a mid-sized wind farm (Environmental Code). The notification gives the municipality an opportunity to assess the activities and to give prior notice of any concerns. The notification process does not give any guarantees that the wind farm can be established, even if there are no remarks from the municipality. The local municipality can raise concerns regarding the wind farm, or even prohibit it at any time, including after the wind farm has started operation. The construction of the wind farm cannot begin earlier than six weeks after the notification has been submitted, unless the municipality decides otherwise.
The application does not need to include an EIA, but must include, among other things:
- A map showing the location of the wind farm.
- Technical descriptions of the wind turbines
- Information about the turbines' heights.
- Information on how the wind farm may affect the environment, including noise, shadows, and so on, caused by the wind farm.
The local municipality may decide that more information is required for the notification before any final decisions are made.
The local municipality will respond to the notification by giving a responding notification (underrättelse) of one of four different decisions:
- That there are no objections, and therefore no actions will be taken by the authority.
- That it is inappropriate to establish a wind farm on the location and that the wind farm is prohibited.
- That an approval is given, although subject to certain conditions.
- That the activity is assumed to have a significant environmental impact, and that a permit in accordance with the procedure applicable for large wind farms is necessary (see below, Permitting process for large wind farms).
Permitting process for large wind farms
The permitting process can be divided into three stages:
- Consultation process.
- Preparation of the EIA.
- Application process.
The whole process, from starting the consultation process until obtaining the permit from the County Administrative Board normally takes about two years, but may be extended for another six to 12 months at each stage if the permit is appealed, which means a potential extension of up to 36 months in total.
Consultation process
A consultation process must be initiated before the preparation of an EIA. Information on the planned activities must be sent to the County Administrative Board and the responsible municipal committee. The information must include the planned wind farm's location, proportions, formation and anticipated environmental impact and may also include simple maps, sketches and brief descriptions of the project. At this stage, the plans should be somewhat concrete but the applicant must be open to other locations and solutions.
Together with the County Administrative Board, the applicant determines which authorities and other parties (such as affected third parties) will be included in the consultation process. How the consultation process in the particular case should be carried out is also determined in consultation with the County Administrative Board. During the consultation process, information meetings are held with, for example, authorities and the public. It may also be necessary to place advertisements in the local press, send letters or circulars to relevant third parties, or to hold exhibitions in municipal buildings.
The consultation process must be documented by a compilation of information documents and minutes from briefings and consultation meetings. The time estimated to complete this first stage of the permitting process is about six months in a normal case.
EIA
The preparation of the EIA can begin when the consultation process is completed. The purpose of the EIA is to identify and describe the direct and indirect environmental impact of the establishment of the wind farm on humans, animals, the climate, landscape and the conservation of land, water, raw materials and energy.
The scope of the EIA is determined by the County Administrative Board as a part of the consultation process, and is based on the potential environmental impacts of the wind farm. However, some information must always be included in the EIA, such as, for example, details about the project, planned measures to prevent harmful effects and descriptions of alternative locations.
Permit application
The application for a permit can be submitted after completion of the EIA. In addition to the EIA, the written application must contain, for example:
- Drawings and technical descriptions.
- Details about estimated emissions.
- A statement on how the Environmental Code requirements will be handled.
- Suggestions on how the wind farm will be monitored and controlled.
When the application reaches the County Administrative Board, it is circulated for comments among other authorities and organisations, such as the Swedish Energy Agency, the local municipality, the Society for the Conservation of Nature or the Swedish Post and Telecom Authority, who are given the opportunity to request supplemental information. When the application is finalised, it is announced and sent out for consultation. If any comments are received, the applicant is given the opportunity to respond. When this procedure is finalised, the permitting authority makes its decision. However, it is very common in Sweden for permits to be appealed against. An appeal will delay the start of the project as the construction of the wind farm cannot commence until the permit has legal force.
Other permits
Depending on the specific circumstances, other permits may also be required, which will be applied for after receiving the permit from the County Administrative Board, including, for example:
- Permits for the construction and use of electrical power lines.
- Permits under the Cultural Heritage Act (kulturminneslagen).
- Permits/exemptions for infringements of protected areas under the Environmental Code.
When these permits are received, they normally last for five years. If the construction is not finalised when those five years expire, a new permit may be necessary. If construction has not begun when the time period expires, the permit lapses. If the wind farm is finalised within the set time, the duration of the permit is normally about 30 years.
Grid connection
Sweden and Finland have both implemented a system of guaranteed access to the grid. On request and against reasonable compensation, the grid operator must connect power-generating installations meeting the required technical specifications to the grid. As a rule, and unless acceptable specific circumstances provide for the contrary, the grid operator must enter into an agreement with a power generation installation that wishes to connect to the grid. Detailed provisions regarding the connection will be specified in the agreement. The conditions for connection to the grid, as well as technical requirements, must be impartial and non-discriminatory. However, the conditions must take note of any requirements relating to the reliability and efficiency of the electricity system.
As a rule, a generation installation that is connected to the grid must compensate the grid operator for reasonable costs associated with connection and the grid operator must provide on request a detailed list of the costs incurred.
As there is limited capacity for power transmission in a grid without expanding or reinforcing the grid, a grid operator would normally only conclude agreements with the amount of installed capacity that the grid can tolerate. Therefore, a grid operator is generally reluctant to conclude a final binding grid connection agreement with a wind power developer before there is sufficient certainty that the wind power project will materialise. Connection of capacity exceeding the tolerance threshold of the existing grid would require further agreement between the grid operator and the power producer in relation to payment of the costs for the necessary reinforcement of the grid and sharing of the cost savings provided by that reinforcement.
Given the obstacles in getting a wind power project through the regulatory permit procedures, it is probable that a binding grid connection agreement would be signed quite late in the project development phase. Typically, a letter of intent or other similar document would be concluded between the grid operator and wind power project before the final grid connection agreement.
Securing land use and other property rights
Land rights
Land rights can normally be achieved either through freehold (ownership) or leasehold. A leasehold entitles the owner of the right to occupy for an agreed period of time a piece of land owned by another party, generally against payment of compensation in the form of rent. A leasehold usually also includes the right to construct and/or own buildings on the land.
If the wind power developer secures land use rights through leasehold, it is typical for the lease agreement to be drafted to include a financial mechanism to ensure that the landowner is also committed to the success of the wind power project. This can be achieved, for example, through tying part of the rental income to the future power production of the wind farm.
Right of passage and right of wiring
An easement is a burden that a real property is encumbered with for the benefit of another real property. Typical easements include, for example, a right of passage between neighbouring properties or a right to install and use piping or cables on another real property. An easement on a real property can be registered and the legal effect of registration is that the easement is deemed public knowledge and becomes protected against contesting third parties.
If landowners cannot agree on the right of passage and drawing of power lines, such rights can be granted through an administrative procedure. There is a special permit procedure for high-voltage transmission lines (100 kV or above in Sweden and 110 kV or above in Finland), which require a separate construction permit.
If a wind power developer leases the land, it is important that the lease agreement contains appropriate provisions on rights of passage and other property rights in order to secure the interests of the wind power project.
Regulatory framework in Finland
EIA
The Finnish EIA is not itself a permit, but the EIA is essential for being issued the required permits. Usually, the EIA must be prepared and submitted to the permit authority together with the permit application. In the permit process and the deliberations of the permit authority, the EIA is used as a source of information on the environmental impacts of the project.
All wind farms that include at least ten units or that have a total capacity of at least 30 MW require an EIA. Smaller wind farms are, however, not automatically exempt, but these require an EIA only if the competent authority deems that the wind power project would have considerable environmental impacts.
The EIA process has two phases. In the first phase the project owner draws up an assessment programme, which is submitted to the co-ordination authority (Centre for Economic Development, Transport and the Environment) in order to obtain the authority's statement on the programme. The second phase of the process is the actual impact assessment phase, which ends with the submission of the assessment report by the project owner and the subsequent statement by the co-ordination authority on the report.
The preparation of the assessment programme and the assessment report both involve stakeholder consultations as well as drafting different environmental assessments. In a wind power project the latter would typically include studies on:
- Endangered species (such as bats and birds) near the planned wind farm.
- Migratory birds and whether their general migratory flight paths intersect with the planned location of the wind farm.
- Noise modeling and dispersion in the surroundings.
- The effects on, for example, local business, recreation, landscape, transport and safety.
The EIA is not the only instrument when it comes to assessing the environmental impacts of wind power projects. All but the smallest wind farms require a municipal planning decision and the environmental as well as other impacts of the proposed plan must be assessed under the Finnish land use and planning legislation. In addition, if a wind power project can affect protected nature conservation values, or if it requires an environmental permit due to causing noise or other nuisance to neighbouring property owners, appropriate in-depth studies and impact assessments would also need to be carried out.
These requirements concerning different assessments of environmental impacts by sometimes different parties can potentially create overlap in the processes. This can cause unwanted hold-ups if the process has not been thoroughly planned by the developer. Some wind power projects have encountered the frustrating situation where the environmental impacts are assessed repeatedly in different stages of the project.
Permit requirements
Planning and zoning decisions. Planning and zoning is regulated by different types of local and regional plans:
- Regional plans (maakuntakaava)
- General plans (yleiskaava).
- Detailed local plans (asemakaava).
Regional plans are the most abstract type of plan. These are drawn up and approved by the Regional Council (maakunnan liitto), which consists of the municipalities in the region in question. General plans and detailed local plans are drawn up and approved by municipalities. The planning hierarchy requires that a more detailed plan cannot conflict with a more abstract plan. Therefore, a general plan must comply with the regional plan and a local detailed plan must comply with the general plan.
The level of planning decision required for different infrastructure projects is case specific but as a rule a wind farm requires the approval of a general plan. Under certain circumstances, it is possible that a local detailed plan would be required on top of this. Planning and zoning requirements impact on building permits and it is not possible to complete a wind power project without the appropriate planning and zoning decisions.
Municipalities and the Regional Councils have relatively wide discretion in the approval process. If the municipality or Regional Council is unwilling to approve a plan, the wind power developer has little or no chance of proceeding with the project. Therefore, it is very important that the wind power developer engages the local community in order to gain political support for the project.
Construction and other environmental permits. Construction projects in general require different permits depending on the size of the project, as well as the impact of the project and its operation on the environment.
Constructing a building requires a building permit (rakennuslupa). The legal definition of a building is fairly wide in scope and it covers constructions that in everyday usage would perhaps not be regarded as buildings. For example, a wind turbine would typically require a building permit.
A wind power project does not automatically require an environmental permit (ympäristölupa). An environmental permit may be required if the wind farm causes nuisance in the surroundings in the form of noise or flickering of light due to the rotation of the blades. There are reference levels for noise nuisance. However, the current administrative practice of the environmental authorities is not uniform throughout the country causing uncertainties for wind power developers.
A further practical challenge in relation to an environmental permit is the fact that, despite developed noise modelling, it is not always possible to accurately predict the levels of noise in advance. Therefore, a wind power operator may have to apply for an environmental permit after the construction of the wind farm. This can have serious consequences for the economic feasibility of the project if restrictions in relation to operating times or operating efficiency are set in an environmental permit once the wind farm is already operational.
An aviation obstacle permit (lentoestelupa) is also required for setting up an obstacle to aviation activities under Finnish aviation law and, as a rule, must be applied for in relation to a wind power project.
Nature conservation regulations may also require that an exemption order be obtained. This is the case if, for example, a derogation from the protection of a species or habitat is needed in order to proceed with the project.
Radar impact assessment. The Finnish Defence Forces have statutory obligations in relation to the radar surveillance of Finnish air space. In order to assess the impact of wind turbines on radar surveillance a special radar impact study must be completed. The Defence Forces have stated that they only approve radar impact studies performed by VTT Technical Research Centre of Finland. The computer software for carrying out the radar impact study was developed as a joint effort by Finnish authorities and energy companies.
When the impact study is concluded, a statement by the Defence Forces may be applied for. As a rule, if the Defence Forces object to the wind power project due to the negative impact on radar surveillance, the project cannot proceed.
The results of the radar impact study and the subsequent statement of the Defence Forces have caused considerable difficulties for project developers in some cases. There is very little left to do for the developer if the statement is negative as this basically kills the project. Receiving such a devastating blow rather late in the development process can lead to the loss of significant sunk costs as a result of money and resources spent on various impact assessments, studies and consultant work.
Grid connection
The general regulatory framework is similar to the Swedish one (see above, Grid connection).
Securing land use and other property rights
The general regulatory framework is similar to the Swedish one (see above, Securing land use and other property rights).
Swedish electricity certificate system
In May 2003, the Swedish parliament introduced the electricity certificate system through the Electricity Certificate Act. The objective is to increase the production of electricity from renewable sources by 25 TWh by 2020. In 2002, the electricity produced from renewable sources was about 70.3 TWh. Since 2003, the renewable energy production has increased by 13 TWh.
In 2011, it was agreed that the electricity certificate system would be extended from 2020 to 2035. In addition, Sweden and Norway have agreed to create a joint Swedish-Norwegian electricity certificate market, and since 1 January 2012 the two countries have one joint market.
Electricity certificate system
Electricity producers that meet the requirements in the Electricity Certificate Act and receive an approval from the Swedish Energy Agency obtain one certificate for each MWh of renewable energy they produce. Energy produced from, for example, wind power, solar energy, and in some cases hydropower, are among the energy sources that qualify. These electricity certificates are then sold on a market where the demand for the certificate is created through an obligation for all electricity suppliers and certain electricity users to purchase a specified amount of certificates each year.
A specified quota establishes the proportion of electricity certificates the suppliers or users must hold in relation to the electricity sold or used. The quantity of certificates the suppliers and users need to purchase varies from year to year due to changes in the quota. Therefore, the system creates incentives for the producers to further develop facilities that produce renewable energy. When a certificate is sold to a supplier or a user, the producer gets paid both for the actual electricity sold and for the certificate. The price for the certificates varies over time, depending on supply and demand in the market.
The purpose of the electricity certificate system is to stimulate the expansion of the use of renewable energy sources. In order to certify that the end customers do not have to bear extra costs for electricity from older commercially viable facilities, the right to receive electricity certificates is limited in time. Facilities that started production before the implementation of the electricity certificate system will lose their right to the certificates on 31 December 2012. Facilities that were established after 2003 will keep their right to receive certificates for 15 years from the start of the production, although not beyond 2035.
Joint Swedish-Norwegian market
For Swedish electricity producers, the joint market with Norway means that there will be more purchasers of electricity certificates, as it is possible to sell certificates to quota-obliged suppliers and electricity users in Norway. The larger market will hopefully further increase the willingness to invest in renewable energy, as the investments can be made where they are considered to be most cost efficient and the certificates can then be sold on a larger market.
Large surplus of electricity certificates
The supply of electricity certificates is closely connected to the number of approved facilities and the amount of electricity they produce. During the first years after the implementation of the electricity certificate system, supply exceeded demand, which created a surplus of certificates. Between 2007 and 2010, the accumulated surplus stabilised at around 5 million certificates. However, during 2011 the surplus significantly increased to almost 9 million certificates.
The main reason behind the large surplus is that the quotas for 2011 (and 2012) were not adjusted to take into account the large expansions of plants producing renewable energy. However, new quotas have been determined by the Swedish Parliament for 2013 and onwards.
A certain surplus of electricity certificates is, however, necessary since the production of electricity varies from one year to another, depending on factors such as weather conditions. As the expansion rate has been high during recent years, and most likely will slow down in the near future, it is expected that the current surplus will be reduced.
Trading and pricing
Both producers and purchasers have an account in Svenska Kraftnät's electronic register Cesar (Sweden) or in Statnett's electronic register NECS (Norway). These accounts are used for all trading, including the transfer of certificates and payment between the parties. About half of all trading occurs through brokers.
Electricity certificates are traded on a competitive market, where the pricing varies over time. A number of factors in addition to current supply and demand play an important role in the pricing of the electricity certificates. As larger purchasers can speculate on pricing and wait for periods with lower prices, factors such as upcoming political decisions or expected increases in demand for or the future availability of certificates affect the pricing to a large extent.
As the accumulated surplus of electricity certificates is larger than ever before, this is currently depressing the pricing of the certificates. This is particularly troublesome for small producers and many experts believe that small producers will not be able to compete with larger, better-capitalised producers if the price level does not increase. In addition, the current price level has a negative effect on the construction of new wind farms, as it is difficult to calculate future profitability.
The accumulated surplus of electricity certificates is one of the reasons why Sweden and Norway agreed on a joint market. In Norway the demand is expected to be larger than the supply, which is believed to have a positive impact on the Swedish market.
Finnish feed-in tariff scheme
Scope
Finland has had a feed-in tariff scheme for power production from renewable sources since early 2011. The feed-in tariff scheme encompasses electricity generation from wood biomass, wind power and biogas.
The generation installation must be located within, and connected to the grid in, the territory or territorial waters of Finland. In addition, except for wood chip power plants, the installation must be new with no used parts used in the construction of the installation. Installations that started their operation in 2009 or later and that meet the criteria for inclusion into the feed-in tariff scheme can be included in the scheme.
There are capacity thresholds and/or limits as for power plants that can be included in the feed-in tariff scheme. As for wind power, the limits consist of a generation threshold for each individual wind farm as well as of a total cap for the whole scheme. The total generation capacity of a wind farm (that is, all the installed generators) must be at least 0.5 MW in order for the wind farm to be eligible for inclusion into the feed-in tariff scheme. A total maximum of 2,500 MW of wind power generation capacity can be included in the feed-in tariff scheme. Inclusion in the feed-in tariff scheme takes place on a first-come first-served basis.
Power generation can receive the feed-in tariff for a maximum of 12 years.
Administrative procedures
Except for certain early starters, an application to be included in the feed-in tariff scheme must be submitted to the Finnish Energy Market Authority before commercial operation of the installation. In addition, an advance notification of construction of the installation must be submitted to the Energy Market Authority within one month of taking the decision to construct the installation, as a precondition for inclusion into the scheme.
As advance notification is a crucial requirement for final inclusion in the scheme, it is vital that the wind power developer does not default on this obligation. It is generally up to the wind power operator or developer to assess when and how it takes the decision to construct. However, current administrative practice requires an official decision of some sort, such as in the form of a board resolution. If the developer submits an advance notification at an early stage during the permit process, the developer will probably have to update the notification from time to time as the project evolves during the permit process.
Timing the actual application to be included in the scheme is also important. The twelve-year period of feed-in tariff eligibility starts running once the application is approved. Therefore, a premature application can lead to lost total feed-in tariff revenue for the wind power operator until feed-in tariff eligible generation begins in earnest.
A wind power developer can apply for a binding advance ruling regarding whether the project fulfils the general prerequisites for feed-in tariff eligibility. Such an advance ruling is in force for a maximum of two years.
Size and payment of the tariff
The general feed-in tariff is calculated as the difference between EUR83.50/MWh and the market price of electricity. However, up until the end of 2015 (or for a maximum of three years, whichever occurs earlier) the feed-in tariff for electricity generation from wind power is calculated as the difference between EUR105.30/MWh and the market price of electricity. If the market price of electricity drops below EUR30/MWh the feed-in tariff is calculated as if the market price were EUR30/MWh. Therefore, the maximum general feed-in tariff is EUR53.50/MWh, or EUR75.30/MWh for wind power during the above mentioned period. Although irrelevant for wind power, it is worth mentioning that under certain circumstances a co-generation premium is paid on top of the feed-in tariff for heat production.
The operator must monitor power production at the installation and monitoring data is subject to verification by an independent verifier. In this respect, the feed-in tariff scheme is similar to the monitoring and verification procedures in the EU Emissions Trading Scheme (EU ETS). The tariff is calculated and paid to the operator on a quarterly basis subject to approved and verified monitoring data.
Contributor details
Mika Alanko
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Qualified. Finland, 1991
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Björn Winström
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Robert Utter
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Qualified. Finland, 2002
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Linda Stenborn
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