Changes from plenary report to adopted text

Net-zero technologies

1. The net-zero technologies within the scope of this Regulation shall be:

(a) technologies used for production of energy from renewable sources as defined in Directive (EU) 2018/2001;

(b) nuclear fission and fusion energy technologies, including nuclear fuel cycle technologies;

(c) energy storage technologies;

(d) carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), removal, capture, transport, injection (EPP), storage and utilisation technologies;

(e) hydrogen (H2) transport infrastructure technologies;

(f) electrolyser and fuel cell technologies;

(h) electric charging technologies for transportation;

(i) hydrogen (H2), sustainable alternative fuels as defined in Regulation (EU) .../...(OJ to include reference to ... [ReFuel Aviation 2021/0205(COD)], biomethane (CH4) production and refuelling infrastructure technologies;

(j) heat pump technologies;

(k) energy efficiency technologies;

(l) thermal energy distribution and electric grid technologies;

(m) energy management technologies;

(n) high-efficiency industrial process and electrification technologies for energy and carbon intensive industries;

(o) biomaterials production technologies, including bio-based chemical production technologies;

(p) recycling technologies.

2. Within six months of the deadline for notification of each national energy and climate plans pursuant to Article 3(1) of Regulation (EU) 2018/1999 and within six months of the deadline for the submission of each update of the updated national energy and climate plans pursuant to Article 14(2) of that Regulation, the Commission shall assess the list of net-zero technologies set out in paragraph 1 of this Article and may propose delegated acts, in accordance with Article 33 of this Regulation, amending that list in order to ensure that it reflects the technology needs stemming from the Member States’ national energy and climate plans.

1. By …[3 months from the date of entry into force of this Regulation], Member States shall designate or establish a single one competent authority (designated authority). The designated authority shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects ▌and to provide advice on reducing administrative burden in line with Article 5.

2. The designated authority ▌shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.

3. The responsibilities of the designated authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:

(a) the designated authority notifies the project promoter of that delegation;

(b) a single authority is responsible for each of the projects;

(c) a single authority coordinates the submission of all relevant documents and information.

4. Project promoters shall be allowed to submit any documents relevant to the permit-granting process in electronic form.

5. The designated authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit-granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.

6. The designated authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.

7. Member States shall ensure that the national authorities concerned and other competent authorities responsible for any step along the permit-granting processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.

8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedures.

8a. Member States shall consider increasing direct support to the designated authority under national Recovery and Resilience Plans. The Commission shall provide technical support to the designated authority and Member States to carry out the permit-granting process.

8b. The designated authority shall specify and make available the detailed requirements and extent of information requested of a project promoter before the permit-granting process commences.

Member States shall provide the following information on administrative processes relevant to net-zero technology manufacturing projects, including net zero strategic projects, online and in a centralised and easily accessible manner:

(a) the permit-granting process;

(b) financing and investment services;

(c) funding possibilities at Union and Member State level;

(d) business support services, including but not limited to corporate tax declaration, local tax laws, labour law.

Accelerating implementation

1. Member States and, where appropriate, the Commission shall undertake activities to accelerate and crowd-in public and private investments in net-zero technology manufacturing projects. Such activities may, without prejudice to Article 107 and Article 108 TFEU, include providing and coordinating support to net-zero technology manufacturing projects facing difficulties in accessing finance. The Commission and the Member States shall ensure that the support is provided to the project promoter within six months of the submission of the request of the net-zero technology manufacturing project.

2. Member States shall provide administrative and operational support to net-zero technology manufacturing projects located on their territory, to facilitate their rapid and effective implementation, paying particular attention to SMEs involved in the projects, including by providing:

(a) assistance to ensure compliance with applicable administrative and reporting obligations;

(b) assistance to project promoters to further increase the public acceptance of the project;

(c) assistance to project promoters along the permit-granting process, in particular for SMEs.

In order to do so, Member States shall ensure that the relevant administrative bodies are adequately resourced and staffed to respond within the applicable time limits to future requests.

3. By 31 December 2024, the Commission shall propose to the European Parliament and to the Council a means of coordinating the various sources of public funding for net-zero technology manufacturing projects from the Union and the Member States with the objective of accelerating their deployment.

1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limits:

(a) 9 months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;

(b) 12 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.

2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 12 months.

4. In exceptional cases, where the nature, complexity, location or size of the proposed project so requires, competent authorities may extend the time limits referred to in paragraph 1 and 2 by a maximum of 1 month before their expiry and on a case-by-case basis.

Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they may extend those time limits by a further 6 months, before their expiry and on a case-by-case basis.

5. In either such event, the designated authority shall inform the project promoter of the reasons for the extension and of the date when the comprehensive decision is expected in writing.

6. No later than one month following the receipt of the permit-granting application, competent authorities shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from that request. The date of the acknowledgement of initial receipt of the application by the national designated authority ▌shall serve as the start of the permit granting process.

7. No later than one month following the date of the acknowledgement of the validity of the application, the designated authority shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by the designated authority ▌on a free access website.

8. The time limits set in this Article shall be without prejudice to obligations arising from Union and international law, and without prejudice to administrative appeal procedures and judicial remedies before a court or tribunal.

9. The time limits set in this Article for any of the permit granting procedures shall be without prejudice to any shorter time limits set by Member States.

9a. The designated authority shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the principle of administrative tacit approval does not exist in the national legal order. This paragraph shall also apply to final decisions on the outcome of the process. When a final decision on the outcome of the process is adopted on the basis of tacit approval, an explicit notice shall be sent to the project promoter within a week after the tacit approval came into effect. All decisions, including a notice of tacit approval, shall be made publicly available.

9b. In accordance with this Regulation, the Commission shall adopt guidelines to establish a minimum set of permit-granting requirements that Member States are to comply with regard to net-zero technology manufacturing projects, in particular to simplify the preparatory work for promoters submitting manufacturing projects, while facilitating the instruction of requests by administrations.