Balancing Agriculture and Solar Energy Development: Legal Challenges and Emerging Frameworks for Agrivoltaics Integration in the EU to Support Sustainable Development Goals

Three inspiring days of legal dialogue, environmental ambition, and global solidarity, wrapped up at the 4th IUCN World Commission on Environmental Law Congress held for the 1st time in north Africa, in the beautiful city of Rabat, Morocco!

Under this year's powerful theme — "Integrated Legal Protection of Air, Ocean and Land", the Congress gathered hundreds of legal scholars, practitioners, and environmental leaders from across the world to explore how legal tools can respond to today's most urgent ecological crises.

A highlight of the week: Connecting with brilliant minds at the Early Career Networking Session, a powerful reminder that the next generation of environmental lawyers is ready to lead.

I had the honour of speaking in the session on "Agriculture: Integrating the protection of soils, biodiversity and climate change," Chair by Katy Gwiazdon whose kindness and clarity created the perfect space for thoughtful exchange.

My topic: 

"Balancing Agriculture and Solar Energy Development: Legal Challenges and Emerging Frameworks for Agrivoltaics Integration in the EU to Support Sustainable Development Goals."

A timely discussion on the role of agrivoltaics in reconciling food, climate, and energy priorities and the legal frameworks we need to make it happen.

A heartfelt thank you to Cristina Voigt, Chair of the IUCN World Commission on Environmental Law, for her inspiring leadership; to Ayman Cherkaoui, Director of the Hassan II International Center for Environmental Training, for his gracious hosting in Morocco; and to Roberto Coll, for his dedication and care in making this Congress such a success.

#IUCNWCEL #EnvironmentalLaw #Agrivoltaics #ClimateJustice #SustainableAgriculture #LegallyGreen #Rabat2025

🇻🇳Ba ngày đầy cảm hứng tại Hội nghị lần thứ 4 của Ủy ban Luật Môi trường Thế giới thuộc IUCN tại Rabat (Maroc) đã kết thúc với nhiều cuộc trao đổi sâu sắc, kết nối chuyên môn và cam kết vì một tương lai bền vững.

Một khoảnh khắc đáng nhớ: tham gia phiên kết nối dành cho các luật sư trẻ, gặp gỡ những người đầy đam mê và khát vọng thay đổi.

Tôi đã có dịp trình bày về năng lượng mặt trời kết hợp nông nghiệp (agrivoltaics) trong phiên thảo luận "Nông nghiệp: Bảo vệ đất, đa dạng sinh học và khí hậu," với trọng tâm là những thách thức pháp lý và khung pháp lý mới nổi trong Liên minh Châu Âu.

Xin chân thành cảm ơn Cristina Voigt, Ayman Cherkaoui và Roberto Coll vì sự lãnh đạo và tổ chức hội nghị tuyệt vời này.

#IUCNWCEL #LuậtMôiTrường #NôngNghiệpBềnVững #NăngLượngTáiTạo #PhátTriểnBềnVững #LegallyGreen #Rabat2025

The global transition towards sustainable energy and the imperative of food security have positioned agrivoltaics—a methodology that integrates agricultural production with solar energy generation—as a viable strategy for achieving sustainability objectives. Agrivoltaics is in alignment with several Sustainable Development Goals (SDGs), particularly those pertaining to climate change mitigation, food security enhancement, sustainable resource management, and poverty alleviation.

A study conducted by the European Commission's Joint Research Centre indicates that allocating 157,621 hectares of agricultural land for agrivoltaic systems could potentially yield up to 944 GW of installed capacity, which may quintuple the current photovoltaic output of the European Union.

However, despite this promising potential, agrivoltaics is confronted with various legal and technical challenges, including the absence of clear definitions, specific support mechanisms, and established technical standards across the Member States. Furthermore, the support plans for renewable energy investments issued by Member States are often overly general, failing to explicitly include agrivoltaics in the strategic frameworks of most countries. Technical difficulties regarding authorization procedures and grid connection have also been identified, alongside the increasing costs of land, which adversely affect the welfare and security of agricultural stakeholders.

In France, the development of photovoltaic systems is crucial for achieving a reduction of greenhouse gas emissions by 40 % between 1990 and 2030. The Multiannual Energy Program (PPE) anticipates the installation of 44 GW of solar energy by 2028, underscoring France's commitment, supported by substantial state incentives and regulatory reforms. Nevertheless, the requirement of approximately 400 km² of land for ground-mounted systems by 2028 renders agricultural land a primary resource for solar installations.

The successful implementation of these projects necessitates an integrated legal framework encompassing energy law, agricultural law, and urban planning law. The current legal structure, however, inadequately addresses the specific synergies between agricultural practices and photovoltaic energy generation, thereby obstructing a conciliatory approach to land use. This study aims to examine the strategies, obstacles, and opportunities for integrating agrivoltaics within the agricultural systems of the European Union, with a particular focus on some French examples.

***

Summary:

If we dedicated just 1% of EU farm land to agrivoltaics, that's about 157,621 hectares/1,5 of the city of London, we could generate up to 944 gigawatts of solar power.

• That's the equivalent of 944 nuclear reactors.

• Enough to power 400 million households across Europe.

This vision aligns directly with several UN Sustainable Development Goals, including:

• SDG 1 – No Poverty

• SDG 2 – Zero Hunger

• SDG 7 – Affordable and Clean Energy

• SDG 13 – Climate Action

So, the land is there, the sun is there—what's missing?

Part I: Legal Framework and Definitions

1. General EU definition: what is agrivoltaics, and what is not?

This distinction is essential for developers, especially when it comes to eligibility for subsidies and permits.

The concept and definition of agrivoltaics are still evolving.

The European Commission encourages agrivoltaics through several instruments such as

• The European Green Deal

• The REPowerEU strategy

• The Common Agricultural Policy (CAP) reform

These policies aim to:

• Decarbonize agriculture

• Accelerate renewable energy

• And preserve agricultural land

So Far, EU law does not provide a unified definition of agrivoltaics.

But there is growing consensus:

Agrivoltaics is the combined use of land for agricultural production and solar energy generation.

Some Member States—like France, Italy, and Germany—are now developing their own national definitions and technical standards.

2. The French Legal Approach

For example France is the first EU country to give agrivoltaics formal legal status in its Energy Code.

To qualify as agrivoltaic, a project must meet four conditions:

1. It must be a solar energy system (not wind or biogas)

2. Must be Installed on agricultural land

3. It must support farming—not just coexist with it

4. It must provide at least one of the following services :

Improve agricultural productivity

Help adapt to climate change

Protect crops or animals from risks

Improve animal welfare

A project will be excluded in 3 cases, especially if

• It harms these services

• Agriculture is not the primary activity

• Or the installation is not reversible

These principles were reinforced by case law, especially the Photosol decision of the Conseil d'État in 2019 (n° 416696), which emphasized:

1. Solar installations must not compromise agricultural use

2. Farming must continue in a meaningful and sustainable way

Looking ahead, as agrivoltaic regulation is still evolving at the EU level, the ongoing legislative developments, particularly within the context of the Green Deal REpowerEU, and RED III, play a crucial role in shaping the legal framework."

3. EU Legislative Developments: From Green Deal to RED III

Agrivoltaic regulation is still under construction at the EU level.

In addition to this regulation there are also sectorial law.

• The European Green Deal sets the climate neutrality goal for 2050

• The REPowerEU plan pushes for massive solar deployment—even on farmland

• The new RED III Directive (2023) introduces:

A 45% renewable energy target by 2030

Simplified permitting for renewables

National binding targets for each Member State

Other key innovations include:

• The creation of "renewables acceleration areas"

• Sector-specific targets for buildings, transport, and heating

Together, these instruments form a robust legal foundation—but national implementation will determine success.

However agrivoltaic sits at the intersection of multiple regulated sectors, including:

• Energy law

• Agricultural policy

• Environmental law (biodiversity, Natura 2000, and habitats)

• Urban planning regulations

• And contract law—for example, emphyteotic leases

This overlap creates significant legal fragmentation.

As a result, developers are confronted with a maze of permits, land use restrictions, and conflicting legal norms.

What we need is legal integration—to unlock agrivoltaics' full contribution to the EU's climate and food security objectives.

Part II: Practical Legal Challenges for Developers

Now, let's turn to practice.

Agrivoltaic developers face several challenges.

Timeline management : Every legal step: land access, zoning& urban planning, permits, grid connection, litigation must be anticipated early by the developpers.

From the start of an agrivoltaic project to its completion, the optimistic timeline is 4 to 5 years — if corporates win the tender.

But without that, including litigation and permitting challenges, grid access, it can stretch to 8, even 15 years.

Conclusion

Agrivoltaics represents a powerful tool to reconcile three critical goals:

• Food security

• Renewable energy production

• Land preservation

But without:

• Clear legal definitions

• Integrated legal frameworks

• And simplified permitting procedures

...We risk missing this opportunity.