The energy transition in ports: regulatory challenges and legal certainty of the new energy models

I. Introduction

The energy transition is no longer an exclusively environmental issue; it has become a strategic factor in port competitiveness. The electrification of operations, the incorporation of renewable energy, the deployment of storage systems, energy communities, shore power supply to berthed vessels and the smart management of consumption are profoundly transforming the port ecosystem.

Traditionally, energy management was not at the core of Port Authorities’ activity. However, the progressive decarbonisation of maritime transport and of the logistics and industrial activities linked to ports is forcing these entities to operate in a particularly complex regulatory field, characterised by the overlap of port, energy, environmental, industrial and public procurement legislation.

This raises an essential question: are ports legally prepared to take on this new role as energy hubs?

Experience shows that many of the obstacles faced by port energy projects are no longer technological or financial. In many cases, the main problems stem from failing to define the applicable regulatory model at an early stage, from uncertainty about the authorisations required, from grid access and connection constraints, or from an inadequate contractual allocation of responsibilities.

Legal certainty thus becomes an indispensable condition for the success of these projects.

II. The port as a new energy player

The evolution of European legislation has placed ports at the centre of the transport decarbonisation process.

The requirements arising from the European Union’s climate policy, together with the development of new energy technologies, have driven a progressive integration of port infrastructure with energy generation, storage and distribution systems.

It is no longer unusual to find projects relating to:

• photovoltaic installations on port rooftops and land;
• battery storage systems;
• shared self-consumption among concession holders;
• local energy communities;
• shore power supply to berthed vessels (OPS);
• electrification of port machinery;
• digital energy management platforms.

This transformation requires Port Authorities to take on coordination functions that go far beyond the traditional management of the port public domain.

In this context, the first question to be resolved in any energy project is the identification of the applicable legal model.

The difference between an installation intended exclusively for individual self-consumption and one designed to share energy among several operators may determine the need for additional authorisations, alter the project’s economic regime and even affect its viability.

For this reason, the legal definition of the project must precede its technical design.

III. Collective self-consumption and energy communities in the port environment

One of the developments with the greatest potential in the port environment is the shared use of renewable energy installations.

From a theoretical perspective, ports are particularly well suited to this type of initiative. The coexistence of multiple industrial and logistics operators, geographically concentrated and with relatively predictable consumption patterns, favours the implementation of collaborative models of energy generation and consumption.

However, the legal reality is more complex.

Collective self-consumption requires compliance with the regulatory criteria of proximity between generation and consumption laid down in the legal framework for self-consumption. Although successive regulatory reforms have considerably broadened the possibilities for association between consumers and producers, the viability of each project still depends on specific technical and regulatory aspects.

This is particularly relevant when the aim is to include consumers located outside the physical boundaries of the port area.

In such cases, it is essential to determine whether the energy can be shared through a collective self-consumption arrangement or whether, on the contrary, it is necessary to resort to other organisational instruments, such as energy communities.

Energy communities offer clear advantages in terms of governance and the participation of multiple stakeholders. However, they neither fully eliminate the restrictions arising from electricity legislation nor automatically solve the problems associated with energy sharing.

The conclusion is clear: setting up an energy community is no substitute for a legal analysis of the specific mechanism through which the energy produced is to be distributed or shared.

IV. Grid access: the main bottleneck in port decarbonisation

If there is one issue currently conditioning the development of industrial and energy projects in Spain, it is the availability of access and connection capacity on the electricity grids.

In many ports, available energy capacity has become a business location factor as relevant as plot size or the quality of maritime and land access.

This phenomenon is particularly visible in projects associated with:

• industrial electrification;
• production of renewable fuels;
• hydrogen facilities;
• energy-intensive logistics centres;
• OPS systems for supplying vessels.

The availability of land, or even of sufficient financing, does not guarantee a project’s viability if the existing electricity infrastructure cannot meet the expected demand.

Therefore, before making commitments to potential investors, Port Authorities should have accurate information on:

• the effective capacity available;
• grid reinforcement needs;
• execution timelines;
• the allocation of costs among the various stakeholders involved.

Energy planning thus ceases to be an ancillary matter and becomes an essential element of port strategy.

V. Shore power supply to berthed vessels (OPS) and the new regulatory challenges

Perhaps no project better reflects the convergence between energy regulation and port management than shore-side electricity supply systems for vessels, known internationally as Onshore Power Supply (OPS).

Their purpose is to allow vessels to shut down their auxiliary engines while in port and draw power from the onshore electricity grid.

The development of this infrastructure is driven by European legislation and is an essential tool for reducing air emissions and noise pollution in port areas. The European framework arising from Regulation (EU) 2023/1804 on the deployment of alternative fuels infrastructure (AFIR) and from the FuelEU Maritime regime is accelerating the roll-out of these installations and shaping the obligations of both ports and shipping companies.

However, the success of an OPS project depends less on the technology used than on the correct definition of its legal architecture.

Among the issues that must be resolved from the initial stages, the following stand out:

• ownership of the infrastructure;
• the operating model;
• the allocation of responsibilities;
• the availability of electrical power;
• the applicable economic regime;
• the conditions for service provision.

Experience shows that many future disputes can be avoided through an appropriate contractual and concession structure from the tendering stage onwards.

VI. Energy digitalisation and the risk of technological lock-in

The energy transition in ports is increasingly linked to digital tools capable of coordinating generation, storage and consumption in real time.

These systems offer clear advantages in terms of energy efficiency, but they also introduce new legal risks.

One of the most significant is dependence on the technology provider (vendor lock-in).

Procuring closed platforms, developed using proprietary standards or offering limited interoperability, can severely restrict the Administration’s future freedom to change provider or integrate new technological solutions.

For this reason, contracts linked to energy digitalisation should expressly regulate:

• ownership of the data generated;
• rights of access and use;
• data portability;
• system interoperability;
• transition obligations upon termination of the contract.

True digital transformation is not merely about incorporating technology, but about ensuring that such technology can evolve without creating situations of structural dependence.

VII. Conclusions

The energy transition is redefining the traditional role of ports.

Port Authorities no longer manage only logistics infrastructure; they are progressively becoming relevant players within the energy system.

This new scenario requires addressing unprecedented regulatory challenges relating to distributed generation, shared self-consumption, energy communities, grid capacity, vessel electrification and energy data management.

The main lesson that can be drawn from the projects currently under development is simple: legal certainty should not be regarded as a later stage of the project, but as a prerequisite for its success.

In a context of growing technological and regulatory complexity, ports that manage to integrate legal analysis into energy planning at an early stage will be better positioned to attract investment, reduce risks and consolidate their position as essential hubs of the energy transition.