Abstract
The marine renewable energy (MRE) industry is growing exponentially in the European Union (EU) due to, among other factors, its potential contribution to mitigating climate change. However, there are negative environmental effects associated with the development of MRE that could compromise the protection of the marine ecosystems. In this context, the EU requires environmental protection and sustainable growth for the development of MRE. This article identifies and analyses the main features of the legal framework provided by the EU secondary law instruments regulating the protection of the environment against the impacts of MRE and explores options to strengthen such protection. It argues that the fragmented and sectoral legal framework is theoretically capable of protecting the environment against the impacts of MRE, but needs to be further developed, coordinated and specified to ensure protection in practice. The article also highlights that the consideration of MRE as projects subject to compulsory environmental impact assessment (EIA) under the EIA Directive and the consideration of key environmental obligations during the EIA process could strengthen the ability of the legal framework to provide protection.
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