Regulation of offshore wind development varies throughout the world. This is sometimes justified with claims that the sector is nascent, i.e., emerging, and consequently some countries are only in the process of developing policy.

However, much of Ireland’s environmental law is grounded in long-standing EU laws and Directives which are applicable within individual Member States. This includes the Marine Strategy Framework Directive (2008/56/EC), the Birds Directive (2009/147/EC), the Habitats Directive (92/43/EEC), the Strategic Environmental Assessment Directive (2001/42/EC), the Environmental Impact Assessment Directive (2011/92/EU), and the EU Maritime Spatial Planning Directive (2014/89/EU). Ireland has continued to process applications for offshore wind without regard to a number of these Directives. This failure to comply with the Directives has resulted, on a number of occasions, in Ireland being found to be in breach of EU law, the most recent judgement against Ireland made on 30 June 2023.

A comprehensive briefing note prepared by Coastal Concern Alliance outlines the diverse consenting processes for ORE in different EU countries.