Text · Amendment list
Speeding-up environmental assessments
Document ENVI-AM-790190 · COM(2025)0984 – C100337/2025 – 2025/0391(COD)
- Kind
- Amendment list ENVI-AM-790190
- Date
- 24 June 2026
- Committee
- Committee on the Environment, Climate and Food Safety
- Dossier
- 2025-0391
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- COM(2025)0984 – C100337/2025 – 2025/0391(COD)
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| Proposal for a rejection | |
| – The European Parliament rejects [the Commission proposal]. |
| Text proposed by the Commission | Amendment |
|---|---|
| Proposal for a | deleted |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | |
| on speeding-up environmental assessments |
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) Environmental assessments these days are often inadequate, or even non-existent for some projects, and lead to legal challenges that result in the projects being cancelled. | |
| Work on cancelled projects has sometimes already begun, causing irreversible damage to ecosystems. | |
| Environmental assessments must therefore be strengthened, not weakened, in order to prevent biodiversity destruction caused by projects that are ultimately cancelled by the courts. |
| Text proposed by the Commission | Amendment |
|---|---|
| (-1a) Citizen participation is essential to the ecological transition, and no project should be allowed to go ahead without citizens being consulted and involved through democratic processes. |
| Text proposed by the Commission | Amendment |
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| (-1b) The sixth mass extinction is due mainly to human activity, and projects must be redesigned to reduce their impact on ecosystems, otherwise questions must be raised about their usefulness. |
| Text proposed by the Commission | Amendment |
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| (-1c) The intensification of heatwaves and the periods of extreme heat affecting the European Union are due to a lack of environmental preparedness, and no new project should be authorised without the challenges of adapting to climate change having been taken into account. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the European Commission’s 2024-2029 term3 , sets out a plan for the Union’s sustainable prosperity and competitiveness. Making business easier and deepening the Single Market are among the key priorities. | deleted |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the European Commission’s 2024-2029 term3 , sets out a plan for the Union’s sustainable prosperity and competitiveness. Making business easier and deepening the Single Market are among the key priorities. | (1) The political guidelines for the European Commission’s 2024-2029 term3 , sets out a plan for the Union’s sustainable prosperity and competitiveness. Making business easier and deepening the Single Market are among the key priorities, together with staying the course on all our goals, including those set out in the European Green Deal, and implementing the existing legal framework for 2030. |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen | 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. | (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. The Union has also committed to achieving a high level of protection of the environment and human health, the long-term and sustained recovery of biodiverse and resilient ecosystems, as well as transparency and effective public participation in environmental decision making, in line with international agreements such as the Espoo, Aarhus and Biological Diversity Conventions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. | (2) The Union has committed to steadily bring down greenhouse gas emissions and to promote the transition to a more sustainable economy by working towards the Union’s climate targets in a manner consistent with Europe’s industrial competitiveness, energy security, food security, and economic and social resilience. This transition should be pursued in a technologically neutral, proportionate and economically sustainable manner that takes account of the different conditions in the Member States and is in line with the Union’s international commitments, including the Paris Agreement. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. | (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal, is in line with the Union’s commitment to global climate action under the Paris Agreement and should be achieved with respect to the goals of the Kunming-Montreal Global Biodiversity Framework. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. | (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. In addition, the Union has committed to protect nature and reverse ecosystem degradation. These objectives are at the heart of the European Green Deal and are in line with the Union’s commitment to global climate and biodiversity actions under the Paris Agreement and the Kunming-Montreal Global Biodiversity Framework. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050. That objective is at the heart of the European Green Deal and is in line with the Union’s commitment to global climate action under the Paris Agreement. | (2) The Union has committed to the accelerated decarbonisation of its economy to achieve climate neutrality, namely net-zero emissions or emissions after the deduction of removals, by 2050 and climate negativity thereafter. That objective is at the heart of the European Green Deal and the Union’s commitment to global climate action under the Paris Agreement. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. | (3) The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. |
| 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness | 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness |
| 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). | 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. | (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. In the case of projects for datacentres, supercomputing facilities, AI factories and AI gigafactories, this speeding-up should take into account their energy, water and land consumption, as well as challenges related to cybersecurity, data protection and European digital sovereignty. |
| 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness | 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness |
| 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). | 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). |
This infrastructure may be strategic, but it consumes water, energy and land. Its acceleration must be conditional on guarantees relating to cybersecurity, data and digital sovereignty.
| Text proposed by the Commission | Amendment |
|---|---|
| (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. | (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are one of the obstacles for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Over the last few years, several pieces of legislation have introduced maximum, short timelines for permit granting procedures in several sectors. As most of those timelines have not been applied yet, and as many of them were not underpinned by an Impact Assessment, time is needed before the impacts of those timelines can be assessed, both on the acceleration of project deployment and on the environment. |
| 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness | 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness |
| 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). | 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. | (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new clean renewable power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, including geothermal energy, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. |
| 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness | 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness |
| 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). | 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. | (3) At the same time, the findings of the 2024 Draghi report4 indicate that lengthy and uncertain permit granting procedures are an obstacle for the roll-out of critical projects such as new power supply and grids. The Clean Industrial Deal Communication5 indicates that it is to speed up permit granting procedures, in particular for the deployment of grids, energy storage, materials recovery and renewables projects, industrial access to energy and industrial decarbonisation projects as well as manufacturing of clean technologies. Faster permit granting procedures are necessary, amongst other, for Data centre projects, EuroHPC supercomputer facilities, AI factories, AI Gigafactories, semiconductor projects. Also, this is needed for projects supporting the digital transition, for those related to the decarbonisation of maritime and inland ports, airports and railways of trans-European transport network. Faster permitting is also necessary for projects which are critical to ensure food security in the Union. |
| 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness | 4 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness |
| 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). | 5 Communication from the Commission to the European Parliament, the Council, The EUROPEAN Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation (COM(2025) 85 final). |
Jeannette Baljeu, Andreas Glück, Katri Kulmuni, Olivier Chastel, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) In the current geopolitical context, the security and defence of the Union and its Member States constitute imperative reasons of overriding public interest. Derogations already exist in various pieces of Union environmental legislation and provide grounds of "overriding public interest", "public safety" or, in case of "crisis", which Member States can use where appropriate for purposes of defence readiness activities and investments. Defence-related infrastructure, the production of defence equipment, military mobility infrastructure and the energy supply of defence sites are essential to the resilience and strategic autonomy of the Union. Faster and more predictable permitting is necessary for such projects, while respecting Member States' competence for national security under Article 4(2) TEU and Article 346 TFEU. |
Provides political and legal anchoring for the operative defence provisions, mirroring recital 3, while safeguarding Member State competence on national security.
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Affordable housing should be available to households that are not able, due to market outcomes and notably market failures, to access housing at affordable conditions. For this purpose, housing affordability should be measured on the basis of reliable indicators such as for example the housing cost overburden rate, a rent-to-income ratio, a mortgage payment to income ratio, a price to income ratio, or years of income to buy a home. Energy costs should be considered as part of the total housing costs, at least for buildings with a low energy performance. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Affordable housing should be available to households that are not able, due to market outcomes and notably market failures, to access housing at affordable conditions. For this purpose, housing affordability should be measured on the basis of reliable indicators such as for example the housing cost overburden rate, a rent-to-income ratio, a mortgage payment to income ratio, a price to income ratio, or years of income to buy a home. Energy costs should be considered as part of the total housing costs, at least for buildings with a low energy performance. | (4) Affordable housing should be available to households that are not able, due to market outcomes and notably market failures, to access housing at affordable conditions. For this purpose, housing affordability should be measured on the basis of reliable indicators such as for example the housing cost overburden rate, a rent-to-income ratio, a mortgage payment to income ratio, a price to income ratio, or years of income to buy a home. Energy costs should be considered as part of the total housing costs, at least for buildings with a low energy performance. Measures relating to the speeding-up of housing projects should fully respect the competences of Member States and local and regional authorities with regard to urban planning, land use, spatial planning and housing policy. |
Housing is primarily the responsibility of the Member States and local and regional authorities. Speeding up procedures must not allow the Commission to interfere with local planning and development choices.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. | (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment, as well as essential safeguards relating to civil protection, the prevention of natural disasters and industrial risks, and public safety. |
The simplification of environmental procedures must speed up useful projects without weakening essential safeguards on security, public health and the prevention of industrial risks.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. | (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by securing qualified staff, expertise and resources in competent authorities, by ensuring that submitted applications are of high quality and complete, and by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. |
The main cause of procedural delays should be addressed before putting additional pressure on inadequately staffed authorities.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. | (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy. This Regulation establishes a common framework for the definition and communication by Member States of procedures and timelines commensurate with their administrative capacity and with the size and impact of the plans, programmes and projects, in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness, while maintaining the same level of protection of human health and of the environment. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy by establishing a common acceleration framework for environmental assessments in order to boost EU’s roll out of key technologies, reduce dependencies and strengthen competitiveness. This Regulation provides for such framework, while maintaining the same level of protection of human health and of the environment. | (5) Procedures linked to environmental assessments should be accelerated, streamlined and made proportionate for plans, programmes and projects across all sectors of the economy, getting rid of any overlap or unnecessary administrative burdens and establishing a common framework designed to boost roll out of strategic technologies, reduce dependencies and strengthen competitiveness and the resilience of the Union. This Regulation provides for such a framework, while maintaining a high level of protection of human health and of the environment. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) In order to provide legal certainty for investments that contribute to decarbonisation, emission reduction, circularity, resource efficiency, sustainable food production, defence readiness, housing, and infrastructure, while maintaining a high level of protection for Natura 2000 sites, the screening stage under Article 6(3) of Council Directive 92/43/EEC should allow competent authorities to assess the likely effects of a modification of an existing lawful project by reference to the lawful baseline situation. Competent authorities should also be able to take into account project characteristics and positive effects that are directly linked to and inherent in the project under assessment, provided that the conservation objectives of the site concerned are fully respected. This should not affect the requirement to assess any other likely significant effects on the site concerned, either individually or in combination with other plans or projects, and to carry out an appropriate assessment where, on the basis of objective site-specific information, likely significant effects cannot be excluded. |
Speeding up environmental assessments should also facilitate investments that reduce emissions or environmental pressure compared to the existing lawful situation. It ensures that competent authorities can take into account the lawful baseline and positive effects directly linked to and inherent in the project, while preserving the requirement to assess other possible impacts and to carry out an appropriate assessment where likely significant effects cannot be excluded. This provides legal certainty for sustainability investments without lowering Natura 2000 protection.
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The efficiency and speed of environmental assessment procedures depend mainly on the capacity of competent authorities, the availability of reliable environmental information and the quality of applications submitted by project promoters. Simplification measures should therefore be complemented by adequate resources, training and technical expertise for competent authorities, improved access to interoperable environmental data, and mechanisms ensuring that project applications are sufficiently complete before procedural deadlines begin to run. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5b) In order to ensure the effective implementation of this Regulation, Member States should regularly assess whether the competent authorities responsible for environmental assessments are adequately equipped to perform their tasks within the applicable deadlines. Such assessments should take into account the actual workload and complexity of the procedures concerned. Where fees or administrative charges are levied in connection with environmental assessment procedures, Member States should ensure that those revenues contribute to maintaining and strengthening the operational capacity of the competent authorities. Transparency in the use of such revenues and regular monitoring of administrative capacity can contribute to identifying structural shortcomings and supporting the continuous improvement of environmental assessment systems across the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | deleted |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | deleted |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | deleted |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | (6) Some sectors may require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in specific sectors recognised by the EU legislation, the dispositions foreseen in relevant EU legislation should be properly implemented by Member States. As is the case with Directive (EU) 2023/2413 on the promotion of energy from renewable sources, which establishes that relevant infrastructure is presumed to be of overriding public interest and serving public health and safety, allowing such projects to benefit from a simplified assessment, except in cases where there is clear evidence that such projects have significant negative effects on the environment that cannot be mitigated or compensated for, or in cases where Member States decide to limit the application of this presumption to duly justified and specific circumstances. In such cases all dispute resolution procedures, litigation, appeals and judicial remedies related to projects within specific sectors or categories, defined by EU law, before any national courts, tribunals or panels, including with regard to mediation or arbitration, where they exist in national law, should be treated as most expeditious and be concentrated in a single forum, if and to the extent to which national law provides for such expediated procedures and provided that the usually applicable rights of defence of individuals or of local communities are respected. |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, deep industrial transformation and especially joint clean technology and energy intensive industrial projects that combine complementary components to modernise and decarbonise existing energy-intensive industrial installations through the deployment of proven clean-technology technologies resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. | 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
Jeannette Baljeu, Andreas Glück, Katri Kulmuni, Olivier Chastel, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6 , net zero industry7 , semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency, resilience, security and defence readiness, including military mobility, and digital sovereignty. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. | 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience, as well as on security of supply, industrial, energy and technological sovereignty, defence preparedness and a reduction in critical dependencies. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. | 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
Strategic sectors should not be defined solely with regard to decarbonisation. Projects contributing to security, industrial sovereignty, defence and reducing critical dependencies must also benefit from accelerated procedures.
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on decarbonisation, resource efficiency and resilience. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. | (6) Some sectors may, however, require yet faster environmental assessments. Therefore, in order to safeguard the coherence of the legal framework of environmental assessments, whilst allowing for the additional needs for acceleration in certain strategic sectors, a dedicated toolbox should be provided which applies where appropriate, with particular focus on industrial competitiveness, the security of supply, resilience, resource efficiency and decarbonisation. This should apply where existing sectorial Union legislation, such as on critical raw materials6, net zero industry7, semiconductors8 as well as maritime and inland ports, airports, railways, which are part of trans-European transport network9 and future sectorial Union legislation defines strategic sectors or categories of projects for the purpose of faster permitting. |
| 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). | 6 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 1252, 3.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). |
| 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). | 7 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj). |
| 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. | 8 Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act), OJ L 229, 18.9.2023, ELI: http://data.europa.eu/eli/reg/2023/1781/oj. |
| 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. | 9 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013, OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) The outermost regions and island, mountainous, border and poorly interconnected territories face particular constraints in terms of energy, water, transport, supply, biodiversity, land and territorial continuity. The implementation of this Regulation should take into account these specific features so that the speeding-up of environmental assessments effectively contributes to their resilience, economic development and security of supply. |
The geographical, climate, energy and logistical constraints of the outermost regions and isolated territories must be taken into account in the application of accelerated procedures.
| Text proposed by the Commission | Amendment |
|---|---|
| (7) Environmental assessments required under Union law are an integral part of the project authorisation and planning procedures and are essential safeguards to ensure that significant environmental effects are prevented or minimised, as well as to ensure transparency and effective public participation in decision making processes related to plans, programmes and projects likely to have significant effects on the environment. | (7) Environmental assessments required under Union law are an integral part of the project authorisation and planning procedures and are a vital tool to ensure that significant environmental effects are prevented or minimised. These procedures should be carried out in an efficient, proportionate and predictable manner, while ensuring transparency and effective public participation, as well as legal certainty for the relevant authorities and the project promoters. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) Environmental assessments, however, take unproportional time and efforts for businesses, thus excessively delaying the overall permitting process. The main reasons for disproportionate delays include lengthy periods and procedures to determine whether an environmental assessment is required, the overlapping of different environmental assessments under the respective Directives and national legislation, and the fact that such assessments are often performed under the guidance of different competent authorities and governance levels. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) To ensure that environmental assessments, as part of the overall permit granting procedures, are faster, more effective and cost-efficient, measures with the potential to accelerate and streamline such assessments should be put in place while maintaining a high level of environmental protection as set out in Article 192(1) of the Treaty. | (10) To ensure that environmental assessments are faster, more effective and cost-efficient, while encompassing all applications and procedures from the acknowledgement that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned as an integral part of the overall permit granting procedures and within the applicable permit granting deadlines, measures with the potential to accelerate and streamline such assessments should be put in place while maintaining a high level of environmental protection as set out in Article 192(1) of the Treaty. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) In order to improve the effectiveness of the assessments, reduce administrative complexity and increase economic efficiency, where the obligation to carry out environmental assessments arises simultaneously from this Regulation and Directive 2000/60/EC10 , Directive 2001/42/EC11 , Directive 2009/147/EC12 and Directive 2011/92/EU13 of the European Parliament and of the Council, as well as from Council Directive 92/43/EEC14 , Member States should ensure that coordinated and/or joint procedures fulfilling the requirements of those Directives are provided. Where coordinated or joint procedures are set up, Member States should designate an authority responsible for performing the corresponding duties. Taking into account institutional structures and their specific organisational characteristics, Member States should have the possibility, where they deem it necessary, to designate more than one authority. | (11) In order to improve the effectiveness of the assessments, reduce administrative complexity and increase economic efficiency, where the obligation to carry out environmental assessments arises simultaneously from this Regulation and two or more among Directive 2000/60/EC10 , Directive 2001/42/EC11 , Directive 2009/147/EC12 and Directive 2011/92/EU13 of the European Parliament and of the Council, as well as from Council Directive 92/43/EEC14 , Member States should ensure that joint procedures fulfilling the requirements of all applicable Directives are provided under the responsibility of a single designated competent authority and using a single environmental point of contact. Where joint procedures are set up, Member States should designate an authority responsible for performing the corresponding duties. Where the involvement of more than one authority is absolutely necessary under the respective national institutional structures, it should be the responsibility of the designated authority, together with the environmental single point of contact to coordinate communication with those authorities. In that case, the environmental single point of contact established or designated should be the sole point of contact for the project developer for the environmental assessments under this Regulation. |
| 10 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1, ELI: http://data.europa.eu/eli/dir/2000/60/oj). | 10 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1, ELI: http://data.europa.eu/eli/dir/2000/60/oj). |
| 11 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30, ELI: http://data.europa.eu/eli/dir/2001/42/oj). | 11 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30, ELI: http://data.europa.eu/eli/dir/2001/42/oj). |
| 12 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7, ELI: http://data.europa.eu/eli/dir/2009/147/oj). | 12 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7, ELI: http://data.europa.eu/eli/dir/2009/147/oj). |
| 13 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj). | 13 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj). |
| 14 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). | 14 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). |
| Text proposed by the Commission | Amendment |
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| (13) This Regulation should not alter the criteria or conditions under which screening or environmental assessments are required under other Union environmental legislation, such as Directives 2000/60/EC, 2001/42/EC, 2009/147/EC and 2011/92/EU, and Directive 92/43/EEC. Rather, it should provide the necessary legal framework to combine and accelerate the procedures set out in those Directives. | (13) This Regulation should not alter the criteria or conditions under which screening or environmental assessments are required under other Union environmental legislation, such as Directives 2000/60/EC, 2001/42/EC, 2009/147/EC and 2011/92/EU, and Directive 92/43/EEC. Rather, it should ensure the determination of whether one or more environmental assessments is organised under the responsibility of a designated authority and communicated to the applicant through the environmental single point of contact, which should coordinate procedural communications with the applicant until the decision resulting from the environmental assessment procedure is granted or refused. |
| Text proposed by the Commission | Amendment |
|---|---|
| (13) This Regulation should not alter the criteria or conditions under which screening or environmental assessments are required under other Union environmental legislation, such as Directives 2000/60/EC, 2001/42/EC, 2009/147/EC and 2011/92/EU, and Directive 92/43/EEC. Rather, it should provide the necessary legal framework to combine and accelerate the procedures set out in those Directives. | (13) This Regulation should not alter the criteria or conditions under which screening or environmental assessments are required under other Union environmental legislation, such as Directives 2000/60/EC, 2001/42/EC, 2009/147/EC and 2011/92/EU, and Directive 92/43/EEC. Rather, it should provide the necessary legal framework to combine the procedures set out in those Directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Data centre projects, construction of EuroHPC supercomputer facilities, AI factories, and giga factories under Regulation (EU) 2024/173216 and Regulation (EU) 2025/xxxx amending Regulation (EU) 2021/1173 on establishing the EuroHPC, semiconductor projects, affordable housing development projects, and projects on recharging points for electric vehicles fall within Annex II of Directive 2011/92/EU. Projects falling within that Annex are not subject to a mandatory environmental impact assessment. Instead, it is for Member States to determine whether those projects need to be subject to an environmental impact assessment because of their likely significant effects on the environment either case by case or through the establishment of thresholds or other criteria. | deleted |
| 16 Council Regulation (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence, OJ L, 2024/1732, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1732/oj. |
| Text proposed by the Commission | Amendment |
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| (14) Data centre projects, construction of EuroHPC supercomputer facilities, AI factories, and giga factories under Regulation (EU) 2024/173216 and Regulation (EU) 2025/xxxx amending Regulation (EU) 2021/1173 on establishing the EuroHPC, semiconductor projects, affordable housing development projects, and projects on recharging points for electric vehicles fall within Annex II of Directive 2011/92/EU. Projects falling within that Annex are not subject to a mandatory environmental impact assessment. Instead, it is for Member States to determine whether those projects need to be subject to an environmental impact assessment because of their likely significant effects on the environment either case by case or through the establishment of thresholds or other criteria. | (14) Data centre projects, construction of EuroHPC supercomputer facilities, AI factories, and giga factories under Regulation (EU) 2024/173216 and Regulation (EU) 2025/xxxx amending Regulation (EU) 2021/1173 on establishing the EuroHPC, semiconductor projects, affordable housing development projects, and projects on recharging points for electric vehicles fall within Annex II of Directive 2011/92/EU. Projects falling within that Annex are not subject to a mandatory environmental impact assessment. Instead, it is for Member States to determine whether those projects need to be subject to an environmental impact assessment because of their likely significant effects on the environment either case by case or through the establishment of thresholds or other criteria. Given their energy, water and land consumption, as well as cybersecurity and data protection challenges, projects for datacentres, supercomputers, and AI factories and gigafactories should benefit from accelerated treatment, especially when they provide sufficient guarantees in terms of digital sovereignty, data security, water and energy consumption control, and effective contribution to European capabilities. |
| 16 Council Regulation (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence, OJ L, 2024/1732, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1732/oj. | 16 Council Regulation (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence, OJ L, 2024/1732, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1732/oj. |
Datacentres, supercomputers and AI infrastructures can be strategic, but they consume energy, water and land, while posing major cybersecurity and data protection challenges. Acceleration must not unconditionally benefit projects that do not truly enhance European digital autonomy.
| Text proposed by the Commission | Amendment |
|---|---|
| (14) Data centre projects, construction of EuroHPC supercomputer facilities, AI factories, and giga factories under Regulation (EU) 2024/173216 and Regulation (EU) 2025/xxxx amending Regulation (EU) 2021/1173 on establishing the EuroHPC, semiconductor projects, affordable housing development projects, and projects on recharging points for electric vehicles fall within Annex II of Directive 2011/92/EU. Projects falling within that Annex are not subject to a mandatory environmental impact assessment. Instead, it is for Member States to determine whether those projects need to be subject to an environmental impact assessment because of their likely significant effects on the environment either case by case or through the establishment of thresholds or other criteria. | (14) Data centre projects, construction of EuroHPC supercomputer facilities, AI factories, and giga factories under Regulation (EU) 2024/173216 and Regulation (EU) 2025/xxxx amending Regulation (EU) 2021/1173 on establishing the EuroHPC, semiconductor projects, affordable housing development projects, and projects on recharging points for electric vehicles fall within Annex II of Directive 2011/92/EU. Projects falling within that Annex are still not subject to a mandatory environmental impact assessment. Instead, it is for Member States to determine whether those projects need to be subject to an environmental impact assessment because of their likely significant effects on the environment either case by case or through the establishment of thresholds or other criteria. |
| 16 Council Regulation (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence, OJ L, 2024/1732, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1732/oj. | 16 Council Regulation (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence, OJ L, 2024/1732, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1732/oj. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Member States should establish an environmental single point of contact for environmental assessments. Member States should be able, in light of their internal organisation, to choose whether to establish or designate their points of contact at local, regional or national level, or at any other relevant administrative level. Moreover, the relevant competent authorities should specify and make available to the environmental single point of contact the requirements and extent of information to be requested from the developer. The environmental single point of contact should, in its role of coordinator, facilitate the provision of information to the competent authorities. | (15) Member States should establish an environmental single point of contact, within the administrative structure of the respective single authority responsible for environmental assessments, including for the decision, determining whether a specific project needs to be subject to an environmental impact assessment and for coordinating the competences of competent authorities under national law. Member States should be able, in light of their internal organisation, to choose whether to establish or designate their points of contact at local, regional or national level, or at any other relevant administrative level. In case the implementation of national legislation excludes the opportunity for a single point of contact for a joint procedure, an amendment to the national legislation will be required. Moreover, the relevant competent authorities should specify and make available to the environmental single point of contact the requirements and extent of information to be requested from the developer. The environmental single point of contact should, in its role of coordinator, facilitate the provision of information to the competent authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Member States should establish an environmental single point of contact for environmental assessments. Member States should be able, in light of their internal organisation, to choose whether to establish or designate their points of contact at local, regional or national level, or at any other relevant administrative level. Moreover, the relevant competent authorities should specify and make available to the environmental single point of contact the requirements and extent of information to be requested from the developer. The environmental single point of contact should, in its role of coordinator, facilitate the provision of information to the competent authorities. | (15) Member States should adhere to the goals of the EU’s 8th Environment Action Program, Biodiversity Strategy to 2030 and Zero Pollution Action Plan and when doing so establish an environmental single point of contact for environmental assessments. Member States should be able, in light of their internal organisation, to choose whether to establish or designate their points of contact at local, regional or national level, or at any other relevant administrative level. Moreover, the relevant competent authorities should specify and make available to the environmental single point of contact the requirements and extent of information to be requested from the developer. The environmental single point of contact should, in its role of coordinator, facilitate the provision of information to the competent authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) In order to allow businesses and developers, including for cross-border projects, to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, Regulation (EU) 2018/1724 of the European Parliament and of the Council17 , which established the Single Digital Gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. Single points of contact established or designated pursuant to that Regulation are included in the list of assistance and problem-solving services in Annex III to that Regulation. For the purpose of this Regulation, Member States should be able to designate single points of contact that coincide with the single point of contact designated pursuant to Regulation (EU) 2018/1724. | (16) In order to allow businesses and developers, including for cross-border projects, to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, Regulation (EU) 2018/1724 of the European Parliament and of the Council17, which established the Single Digital Gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. Single points of contact established or designated pursuant to that Regulation are included in the list of assistance and problem-solving services in Annex III to that Regulation. For the purpose of this Regulation, Member States should designate single points of contact that coincide with the single point of contact designated pursuant to Regulation (EU) 2018/1724. |
| 17 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj). | 17 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj). |
| Text proposed by the Commission | Amendment |
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| (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined to the furthest extent possible, taking into account the specific organisational characteristics of Member States. The fact that assessments are combined should not affect their content or quality. Combined assessments should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation. | (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined to the furthest extent possible, taking into account the specific organisational characteristics of Member States. The fact that assessments are combined should in no way affect their content or quality. Combined assessments should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation. Assessments should not be combined where projects are complex or when Member States consider it more appropriate to have separate assessments. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined to the furthest extent possible, taking into account the specific organisational characteristics of Member States. The fact that assessments are combined should not affect their content or quality. Combined assessments should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation. | (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined to the furthest extent possible, taking into account the specific organisational characteristics of Member States. The fact that assessments are combined should not affect their content or quality. Combined assessments should be carried out in a manner that does not lead to an excessive and disproportionate prolongation of the time limits set out by Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined to the furthest extent possible, taking into account the specific organisational characteristics of Member States. The fact that assessments are combined should not affect their content or quality. Combined assessments should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation. | (17) In order to increase speed, effectiveness and cost-efficiency of environmental assessment procedures required under Union law, and to reduce administrative burden, environmental assessments should be combined. The fact that assessments are combined should not affect their content or quality. Combined assessments should be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation, and that prevents unnecessary duplication of information requests, procedural steps and administrative communication with the project developer. |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Coordinating or joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such coordinated or joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should ensure that the procedural steps of environmental assessments, including scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined. | (18) Coordinating or joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such coordinated or joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should ensure that the procedural steps of environmental assessments, including scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined, while keeping each requirement under each assessment intact. |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Coordinating or joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such coordinated or joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should ensure that the procedural steps of environmental assessments, including scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined. | (18) Joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should ensure that the procedural steps of environmental assessments, including determination whether an environmental assessment is required for the specific project, scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined. |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Coordinating or joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such coordinated or joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should ensure that the procedural steps of environmental assessments, including scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined. | (18) Coordinating or joining the environmental assessment procedures applicable to a plan, programme or project aims to avoid overlaps and redundancy, while also taking full advantage of synergies, and to minimise the time needed for authorisation. Where such coordinated or joint procedures are carried out, in particular, under Directives 2001/42/EC and 2011/92/EU, Member States should be able to ensure that the procedural steps of environmental assessments, including scoping, preparation of an environmental assessment report, carrying out consultations and issuing a reasoned conclusion on the environmental effects, are combined. |
| Text proposed by the Commission | Amendment |
|---|---|
| (18a) In the interests of the effective simplification of authorisation procedures, implementation of this Regulation should not entail multiple overlapping environmental assessments or the introduction of automatic ex ante exclusion mechanisms not provided for by EU law. Integrated procedures should ensure that the environmental effects of projects are assessed on a case-by-case basis, in accordance with the protection objectives set in Union law, and steer clear of blanket restrictions at odds with the appropriate assessment required under the applicable environmental directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Competent authorities and the environmental single point of contact should cooperate and coordinate with regard to the screening and environmental assessment procedures at national and Union level as appropriate. Such cooperation and coordination should aim at ensuring common priorities and understanding of the relationship between plans, programmes and projects and their impact on the environment; exchanging information for strategic and operational purposes, within the limits set out in applicable Union and national law; improving consultation between relevant authorities; exchanging best practices; as well as further developing digital tools in support of more efficient environmental assessments including in a transboundary context. The cooperation and coordination se mechanisms may take the form of specialised coordination bodies, memoranda of understanding between competent authorities, joint training activities, or other appropriate cooperation and coordination identified by the Member States. | (19) Competent authorities responsible for any plan, programme or project and the environmental single point of contact should be in full functional subordination and coordination with regard to the screening and environmental assessment procedures at national and Union level as appropriate. Such functional subordination and coordination should ensure common priorities and understanding of the relationship between plans, programmes and projects and their impact on the environment; exchanging information for strategic and operational purposes, within the limits set out in applicable Union and national law; improving coordination between relevant authorities; exchanging best practices; as well as further developing digital tools in support of more efficient environmental assessments including in a transboundary context. The subordination and coordination se mechanisms should take the form of specialised coordination bodies, joint training activities, or other appropriate cooperation and coordination identified by the Member States. Member States should ensure that the environmental single point of contact has the necessary procedural powers and responsibility to manage a single procedural pathway for the screening and environmental assessment procedure, to direct the sequencing of procedural steps, to coordinate information requests, deadlines and contributions from the authorities and bodies involved, and to ensure that an applicant is not required to communicate with more than one authority for the procedural management of the screening or environmental assessment procedure. Where a single point of contact, one-stop shop or authority responsible for procedural coordination exists or is required under Union or national law for the same plan, programme or project, the environmental single point of contact should ensure coordination with such point of contact, one-stop shop or authority and should organise their interaction with the developer through a single procedural channel, so as to avoid parallel administrative interfaces, duplicative procedural steps or separate information requests. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, such consultations should be run in parallel. Member States should ensure that the consultations are conducted in the most effective way to conduct these consultations. Member States should not expressly and generally require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all the essential elements of a plan, programme or project, that would significantly impact the environment or human health. | (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, such consultations should be run in parallel, under the coordination of the designated competent authority and the environmental single point of contact. Member States should ensure that the consultations are conducted in the most effective way to conduct these consultations. Member States should not require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all the essential elements of a plan, programme or project, that would significantly impact the environment or human health. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, such consultations should be run in parallel. Member States should ensure that the consultations are conducted in the most effective way to conduct these consultations. Member States should not expressly and generally require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all the essential elements of a plan, programme or project, that would significantly impact the environment or human health. | (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, it may be appropriate that such consultations are run in parallel. Member States should ensure that the consultations are conducted in the most effective way to conduct these consultations. Member States should not expressly and generally require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all relevant elements of a plan, programme or project, and has the opportunity to express views before a decision is taken, in particular where environmental or health impacts are likely. |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, such consultations should be run in parallel. Member States should ensure that the consultations are conducted in the most effective way to conduct these consultations. Member States should not expressly and generally require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all the essential elements of a plan, programme or project, that would significantly impact the environment or human health. | (20) With view to streamlining the decision-making process while ensuring effective and timely consultations of the public concerned and of the authorities likely to be concerned by the plan, programme and project by reason of their specific environmental responsibilities or local and regional competences, such consultations should be run in parallel. Member States should ensure that the consultations are conducted in an effective way while ensuring the alignment with the Aarhus Convention. Member States should not expressly and generally require that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are consulted before the public concerned. At the same time, Member States shall ensure that the public concerned is consulted on all the essential elements of a plan, programme or project, that would significantly impact the environment or human health. |
| Text proposed by the Commission | Amendment |
|---|---|
| (21) In order to avoid overlaps and redundancy, while also taking full advantage of synergies, minimising the time needed for authorisation and maximising efficiency in data collection, it is appropriate that the respective competent authorities of Member States make available to the developer within a reasonable time-frame and sufficiently early in the process, any available results of other relevant environmental assessments under Union or national legislation for the preparation of the environmental report for a given project, in particular with regard to the assessment of reasonable alternatives, where available. | (21) In order to avoid overlaps and redundancy, while also taking full advantage of synergies, minimising the time needed for authorisation and maximising efficiency in data collection, it is appropriate that the respective competent authorities of Member States make available to the developer within a reasonable time-frame and sufficiently early in the process, any available results of other relevant environmental assessments under Union or national legislation for the preparation of the environmental report for a given project, in particular with regard to the assessment of reasonable alternatives, where available. This should support the once-only information request principle, so that the developer is not required to submit the same information or documents more than once where such information or documents have already been submitted to, or are available to, the competent authorities involved in the procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| (22) While the Court of Justice of the European Union has consistently held that the wording of Directive 2011/92/EU indicates that it has a wide scope and a broad purpose18 , it has also considered that that Directive must be interpreted as not requiring that any project likely to have a significant effect on the environment be made subject to the environmental impact assessment provided for in that directive, but only those referred to in Annexes I and II of that Directive19 . In particular, the Court of Justice has held that certain extensions to projects falling under Annexes I and II of that Directive, do not, as such, fall under the projects categories covered by those provisions20 . | deleted |
| 18 C-72/95, C-435/97, C-227/01, C-486/04, C-2/07, C-142/07, C-205/08, C-275/09, C-404/09, C-560/08, C-300/13, C-156/07, C-329/17. | |
| 19 C-156/07, C-275/09. | |
| 20 C-300/13. |
| Text proposed by the Commission | Amendment |
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| (22) While the Court of Justice of the European Union has consistently held that the wording of Directive 2011/92/EU indicates that it has a wide scope and a broad purpose18 , it has also considered that that Directive must be interpreted as not requiring that any project likely to have a significant effect on the environment be made subject to the environmental impact assessment provided for in that directive, but only those referred to in Annexes I and II of that Directive19 . In particular, the Court of Justice has held that certain extensions to projects falling under Annexes I and II of that Directive, do not, as such, fall under the projects categories covered by those provisions20 . | (22) While the Court of Justice of the European Union has consistently held that the wording of Directive 2011/92/EU indicates that it has a wide scope and a broad purpose18, it has also held that Member States retain a degree of discretion in determining whether changes or extensions to existing projects require a full environmental impact assessment, provided that the practical effect of that Directive is not undermined 19. In particular, the Court of Justice has held that screening of changes or extensions must account for the current state of the environment in the area likely to be affected and the cumulative effects of the change or extension together with the original project 20. It follows that changes or extensions to projects listed in Annexes I and II of that Directive should be subject to a full environmental impact assessment where screening concludes that they are likely to have significant effects on the environment. Where the original project was not subject to an environmental impact assessment under that Directive, the screening should not be limited to the effects of the change or extension alone. |
| 18 C-72/95, C-435/97, C-227/01, C-486/04, C-2/07, C-142/07, C-205/08, C-275/09, C-404/09, C-560/08, C-300/13, C-156/07, C-329/17. | 18 C-72/95, C-435/97, C-227/01, C-486/04, C-2/07, C-142/07, C-205/08, C-275/09, C-404/09, C-560/08, C-300/13, C-156/07, C-329/17. |
| 19 C-156/07, C-275/09. | 19 C-72/95, C-300/13. |
| 20 C-300/13. | 20 C-244/12, C-75/08. |
| Text proposed by the Commission | Amendment |
|---|---|
| (22) While the Court of Justice of the European Union has consistently held that the wording of Directive 2011/92/EU indicates that it has a wide scope and a broad purpose18 , it has also considered that that Directive must be interpreted as not requiring that any project likely to have a significant effect on the environment be made subject to the environmental impact assessment provided for in that directive, but only those referred to in Annexes I and II of that Directive19 . In particular, the Court of Justice has held that certain extensions to projects falling under Annexes I and II of that Directive, do not, as such, fall under the projects categories covered by those provisions20 . | (22) While the Court of Justice of the European Union has consistently held that the wording of Directive 2011/92/EU indicates that it has a wide scope and a broad purpose18, it has also considered that that Directive must be interpreted as not requiring that any project likely to have a significant effect on the environment be made subject to the environmental impact assessment provided for in that directive, but only those referred to in Annexes I and II of that Directive19. In particular, the Court of Justice has held that certain changes or extensions to projects falling under Annexes I and II of that Directive, do not, as such, fall under the projects categories covered by those provisions20. |
| 18 C-72/95, C-435/97, C-227/01, C-486/04, C-2/07, C-142/07, C-205/08, C-275/09, C-404/09, C-560/08, C-300/13, C-156/07, C-329/17. | 18 C-72/95, C-435/97, C-227/01, C-486/04, C-2/07, C-142/07, C-205/08, C-275/09, C-404/09, C-560/08, C-300/13, C-156/07, C-329/17. |
| 19 C-156/07, C-275/09. | 19 C-156/07, C-275/09. |
| 20 C-300/13. | 20 C-300/13. |
| Text proposed by the Commission | Amendment |
|---|---|
| (23) It is important that legal challenges be resolved without undue delay whilst preserving access to justice in environmental matters. Lengthy procedures generate greater litigation costs, increasing the financial burden of the parties to a legal dispute. They may also cause delays to projects and other economic activities that are ultimately confirmed to be lawful. Therefore, timely procedures are in the interest of all actors of society including both economic operators and applicants representing the interest of the environment in administrative and judicial proceedings. | (23) It is important that legal challenges be resolved without undue delay whilst preserving access to justice in environmental matters , as required by the Aarhus Convention and the Charter of Fundamental Rights. Lengthy judicial procedures generate greater litigation costs, increasing the financial burden of the parties to a legal dispute. They may also cause delays to projects and other economic activities that are ultimately confirmed to be lawful. Therefore, timely procedures are in the interest of all actors of society including both economic operators and applicants representing the interest of the environment in administrative and judicial proceedings. One way to achieve such timely resolution is to encourage the early identification and substantive resolution of environmental arguments during the administrative stage leading to the authorisation of a project, rather than reserving them for judicial proceedings. To this end, and without prejudice to the fundamental rights to effective judicial review and access to justice, Member States may establish rules whereby arguments that could reasonably have been raised and addressed during the administrative stage cannot subsequently be raised for the first time before a court, provided that such preclusion rules are permitted under the Member State's national constitutional and procedural law, the public concerned had an effective opportunity to participate in the administrative stage in accordance with Article 6 of the Aarhus Convention, and the competent authority made available the necessary information in due time to enable informed participation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (23) It is important that legal challenges be resolved without undue delay whilst preserving access to justice in environmental matters. Lengthy procedures generate greater litigation costs, increasing the financial burden of the parties to a legal dispute. They may also cause delays to projects and other economic activities that are ultimately confirmed to be lawful. Therefore, timely procedures are in the interest of all actors of society including both economic operators and applicants representing the interest of the environment in administrative and judicial proceedings. | (23) It is important that legal challenges be resolved without undue delay whilst fully preserving access to justice in environmental matters. Lengthy procedures generate greater litigation costs, increasing the financial burden of the parties to a legal dispute. They may also cause delays to projects and other economic activities that are ultimately confirmed to be lawful. Therefore, timely procedures are in the interest of all actors of society including both economic operators and applicants representing the interest of the environment in administrative and judicial proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. | (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that arguments capable of being raised during the administrative stage of the procedure leading to the authorisation of a project are addressed at at that stage - thereby enabling competent authorities to consider and respond to them during the decision-making and avoiding excessive delays in the permit granting process. However, this preclusion should not apply to new scientific evidence or data concerning environmental effects on protected species, habitats, or water resources that became available after the administrative stage and could not reasonably have been identified or obtained during that stage, or arguments that an environmental assessment was fundamentally inadequate due to failure to assess significant transboundary environmental effects or failure to properly notify or consult the public in affected third countries in accordance with the Espoo Convention and its Protocol. Arguments relating to procedural violations of this Regulation or applicable EU environmental law, including violations of public participation, transparency, or digitalisation requirements, as well as arguments concerning violations of the Aarhus Convention itself, including the right to effective judicial review should also not fall under the scope of this preclusion. Furthermore, preclusion should not operate to preclude judicial review of the lawfulness of the decision-making process or the application of higher standards of environmental protection than those required by EU law. In all cases, Member States should ensure that the right of access to justice under the Aarhus Convention and the Charter of Fundamental Rights is preserved in practice, not merely in form. |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. | (24) The preclusion of arguments from being raised before courts if they were not raised during administrative procedures effectively restricts access to justice. It is often not possible for a claimant to obtain the necessary scientific assessments and know all possible reasons for which a decision may be problematic. Moreover, as also recognised by the CJEU (C-826/18, para. 58), the assessment of a project may evolve depending on the outcome of the administrative procedure. New relevant information may become available after the end of the administrative stage. The Commission and the CJEU have established that such rule undermines the fundamental right to an effective remedy and violates the EU’s international commitments. Following the removal of such rule in 2017 in Germany due to an infringement case by the European Commission, a study has found that the abolition of the rule has not had a negative impact on the duration of court procedures1a. Member States should therefore not introduce substantial preclusion in their legal system and remove this rule where it currently exists. |
| 1a Wissenschaftliche Unterstützung des Rechtsschutzes in Umweltangelegenheiten in der 20. Legislaturperiode, Band I, Umweltbundesamt |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. | (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process, without prejudice to the right of access to justice. | (24) In order to ensure a high level of environmental protection, legal certainty and administrative efficiency, Member States should have the option within their respective national systems to require that all relevant arguments are raised during the administrative stage of the procedure leading to the authorisation of a project prior to any potential judicial review, thereby enabling competent authorities to address them during the decision-making to avoid excessive delays in the permit granting process. |
| Text proposed by the Commission | Amendment |
|---|---|
| (25) Further to the 2017 Ministerial Declaration on eGovernment (Tallinn declaration) and the 2023 Declaration on Digital Rights and Principles for the Digital Decade, and line with the 2025 Commission Communication on implementation and simplification ‘A simpler and faster Europe’21 , the Commission will further embed the ‘digital by default’ through the use of European Digital Identity Wallets and European Business Wallets and ‘once-only’ principles in partnership with national, regional and local authorities and the relevant Union agencies in order to lighten reporting burdens and compliance costs. Digital public services with a cross-border data exchange are governed by the Regulation (EU) 2024/903 of the European Parliament and of the Council22 , while the European Interoperability Framework (EIF) facilitates cross-border data exchange. Authorities falling within the scope of that Regulation are required to set up gradually a fully digitalised procedure for environmental assessments, including submission of application and online accessibility of information. | (25) Further to the 2017 Ministerial Declaration on eGovernment (Tallinn declaration) and the 2023 Declaration on Digital Rights and Principles for the Digital Decade, and line with the 2025 Commission Communication on implementation and simplification ‘A simpler and faster Europe’21, the Commission will further embed the ‘digital by default’ through the use of European Digital Identity Wallets and European Business Wallets and ‘once-only’ principles in partnership with national, regional and local authorities and the relevant Union agencies in order to lighten reporting burdens and compliance costs. Digital public services with a cross-border data exchange are governed by the Regulation (EU) 2024/903 of the European Parliament and of the Council22, while the European Interoperability Framework (EIF) facilitates cross-border data exchange. Authorities falling within the scope of that Regulation are required to set up a fully digitalised procedure for environmental assessments, including submission of application and online accessibility of information. |
| 21 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 February 2025, ‘A simpler and faster Europe: Communication on implementation and simplification’ (COM/2025/47 final). | 21 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 February 2025, ‘A simpler and faster Europe: Communication on implementation and simplification’ (COM/2025/47 final). |
| 22 Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj). | 22 Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) In order to reduce costs for project developers in complying with their environmental obligations, Member States should be encouraged to bear the administrative costs (levies) associated with the environmental assessments for a given project, in particular in the case of smaller developers. The costs for the preparation of environmental assessment reports should still be borne by the project developer. This possibility offered to Member States aims to facilitate the practical application of Union legislation by smaller developers and strengthen the competitiveness and sustainability of the Union economy. | (26) In order to reduce costs for project developers in complying with their environmental obligations, Member States should be encouraged to bear the administrative costs (levies) associated with the environmental assessments for a given project, in particular in the case of smaller developers. The costs for the preparation of environmental assessment reports should still be borne by the project developer. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) In order to reduce costs for project developers in complying with their environmental obligations, Member States should be encouraged to bear the administrative costs (levies) associated with the environmental assessments for a given project, in particular in the case of smaller developers. The costs for the preparation of environmental assessment reports should still be borne by the project developer. This possibility offered to Member States aims to facilitate the practical application of Union legislation by smaller developers and strengthen the competitiveness and sustainability of the Union economy. | (26) In order to reduce costs for project developers in complying with their environmental obligations, Member States should be encouraged to bear the administrative costs (levies) associated with the environmental assessments for a given project, in particular in the case of smaller developers - those considered SMEs. The costs for the preparation of environmental assessment reports should still be borne by the project developer. This possibility offered to Member States aims to facilitate the practical application of Union legislation by smaller developers or small and medium-sized enterprises as defined in Commission Recommendation 361/2003/EC. |
| Text proposed by the Commission | Amendment |
|---|---|
| (27) Such smaller developers may fall into different categories, such as small mid caps as defined in Commission Recommendation (EU) 2025/109923 , or small and medium-sized enterprises as defined in Commission Recommendation 361/2003/EC24 . | deleted |
| 23 Commission Recommendation (EU) 2025/1099 of 21 May 2025 on the definition of small mid-cap enterprises (OJ L, 2025/1099). | |
| 24 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003). |
| Text proposed by the Commission | Amendment |
|---|---|
| (27a) The scope of the clarifications provided by this Regulation regarding the protective provisions of Directive 92/43/EEC and Directive 2009/147/EC extends to all stages of the life cycle of projects. In particular, restoration and maintenance works on existing infrastructure may occasionally result in the killing or disturbance of protected species, in the same way as new construction projects, without this being the result of an intentional decision; the clarification in Article 8(1) therefore applies to the entire project life cycle. In the course of execution, the point in time ‘prior to the intervention’ is acknowledged as the ‘ideal scenario’ for mitigation measures, rather than constituting a legal obligation. In order to avoid giving rise to an ex-ante obligation going beyond the Union legal framework and significantly delaying authorisation procedures, it is clarified that mitigation measures may also be taken during project implementation, or in immediate temporal association with it. Where Member States establish a state-administered species conservation fund, this creates a legally sound alternative whereby compensation is not provided on a project-by-project, case-by-case basis, but rather on an ongoing and aggregate basis at the level of the natural area concerned. The state administration, ringfencing of funds and continuous monitoring at population level provide institutional assurance for effective implementation. In this context, it is clarified that a mitigation measure, the implementation and operational readiness of which, within the scope of this option, would likely result in a project delay of at least twelve months following the date on which the permit decision becomes operative, is not to be regarded as a reasonable satisfactory alternative solution within the meaning of Article 16(1) of Directive 92/43/EEC and Article 9(1) of Directive 2009/147/EC. The ecological level of protection under Article 12 and Article 16 of Directive 92/43/EEC, as well as under Article 5 and Article 9 of Directive 2009/147/EC, is not affected by these clarifications; through strategically coordinated measures at landscape level, it may even be enhanced compared with small-scale individual measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (27b) When managing the resources of a state-administered species conservation fund, priority should be given to measures that combine high ecological effectiveness with the lowest possible additional land use. These include, in particular, the enhancement of existing areas and the use of areas where there is little conflict, which are of low agricultural value or difficult to farm, provided that these are particularly suitable for creating a network of biotopes or for ensuring ecological continuity. This is intended to minimise competition for land. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28) In order to ensure that the tasks allocated to the authorities under this Regulation are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and all competent authorities responsible for any step along the screening and environmental assessments processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary. | (28) In order to ensure that the tasks allocated to the authorities under this Regulation are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and all competent authorities responsible for any step along the screening and environmental assessments processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary. In this line, Member States are encouraged to continuously monitor the capacities of their authorities, and the duration of environmental and other assessments in order to adopt concrete measures to improve the processes. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28) In order to ensure that the tasks allocated to the authorities under this Regulation are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and all competent authorities responsible for any step along the screening and environmental assessments processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary. | (28) In order to ensure that the tasks allocated to the authorities under this Regulation, Directives 2000/60/EC, Directive 2001/42/EC, Directive 2009/147/EC, Directive 2011/92/EU, and Directive 92/43/EEC, are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and all competent authorities responsible for any step along the screening and environmental assessments processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| (28) In order to ensure that the tasks allocated to the authorities under this Regulation are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and all competent authorities responsible for any step along the screening and environmental assessments processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary. | (28) In order to ensure that the tasks allocated to the authorities under this Regulation are performed at a sufficiently high quality Member States should ensure that the environmental single point of contact and the competent authority responsible for any step along the screening and environmental assessments processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for fully digitalised procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29a) Public participation procedures and access to environmental information should be ensured in accordance with Union law and the applicable international obligations, while ensuring legal certainty, proportionality and the timely implementation of strategic projects. |
| Text proposed by the Commission | Amendment |
|---|---|
| (29b) When assessing the environmental effects of plans, programmes and projects, account should be taken of the role played by the active management of wildlife, including hunting activities performed in accordance with Union and national law. Such activities can help with habitat conservation, species monitoring, preventing damage to crops and forests, and maintaining the balance between different animal species, in accordance with biodiversity conservation goals. |
| Text proposed by the Commission | Amendment |
|---|---|
| (30) In order to provide developers and investors with the security and clarity needed to increase development of projects, Member States should ensure that the environmental assessment process related to such projects does not exceed pre-set time limits. Clear timelines for decisions to be taken by the competent authorities throughout the environmental assessment process on the basis of a complete application should be introduced to accelerate the development of projects. The time taken to build the actual project should not be counted towards those timelines, except when it coincides with other administrative steps in the environmental assessment process. In exceptional cases related to the nature, complexity, location or size of the proposed project, Member States should be able to extend the timelines. Such exceptional cases could include unforeseen circumstances triggering the need to add to or complete environmental assessments related to the project. | (30) In order to provide developers and investors with the security and clarity needed to increase development of projects, Member States should ensure that the environmental assessment process related to such projects does not exceed pre-set time limits. Clear timelines for decisions to be taken by the competent authorities throughout the environmental assessment process, including the determination of whether the project requires an environmental impact assessment, on the basis of a complete application, and up to the granting, refusal or adoption of the relevant decision or authorisation following the environmental assessment procedure, should be introduced to accelerate the development of projects. The time taken to build the actual project should not be counted towards those timelines, except when it coincides with other administrative steps in the environmental assessment process. In exceptional cases related to the nature, complexity, location or size of the proposed project, Member States should be able to extend the timelines, based on clear criteria and subject to the applicant’s right to challenge such extension in accordance with national law. Such exceptional cases should be limited to unforeseen circumstances triggering the need to add to or complete environmental assessments related to the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| (32) Following the completion of consultations with the public concerned, local and regional authorities and other authorities likely to be concerned by reason of their specific environmental responsibilities as well as other Member States, where required, the completeness of the information provided by the developer of a project should be acknowledged by the competent authorities. Before such acknowledgement is issued, the competent authorities should be able to request additional information to enable it to take an informed decision on the environmental effects of the project. Following an acknowledgement, unless specific circumstances arise, the developer shall not be asked to submit new information. | (32) Following the completion of consultations with the public concerned, local and regional authorities and other authorities likely to be concerned by reason of their specific environmental responsibilities as well as other Member States, where required, the completeness of the information provided by the developer of a project should be acknowledged by the competent authorities. Before such acknowledgement is issued, the competent authorities should be able to request additional information to enable it to take an informed decision on the environmental effects of the project. |
| Text proposed by the Commission | Amendment |
|---|---|
| (33) In order to simplify and harmonise exchanges between competent authorities and developers, such exchanges should be enabled through the use of the European Business Wallets established pursuant to [OP please add - Proposal for a Regulation on the establishment of European Business Wallets], as they provide a secure, standardised, and interoperable platform for developers to interact with competent authorities enabling an efficient and effective submission of required information more efficient and effective, while ensuring a high level of data protection, cybersecurity, and integrity of information. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (34) The construction, operation, and decommissioning of projects can lead to incidental killing or disturbance of bird species protected under Directive 2009/147/EC and other species protected under Directive 92/43/EEC. The extent of killing or disturbance can vary depending on the type of project and its design, the ecological importance of the area for the species and their presence in the area concerned. However, appropriate mitigation measures and use of best available technologies should be included in such projects to prevent or reduce those adverse effects to insignificant levels. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (34) The construction, operation, and decommissioning of projects can lead to incidental killing or disturbance of bird species protected under Directive 2009/147/EC and other species protected under Directive 92/43/EEC. The extent of killing or disturbance can vary depending on the type of project and its design, the ecological importance of the area for the species and their presence in the area concerned. However, appropriate mitigation measures and use of best available technologies should be included in such projects to prevent or reduce those adverse effects to insignificant levels. | (34) The construction, operation, and decommissioning of projects can lead to incidental killing or disturbance of bird species protected under Directive 2009/147/EC and other species protected under Directive 92/43/EEC. The extent of killing or disturbance can vary depending on the type of project and its design, the ecological importance of the area for the species and their presence in the area concerned. To ensure that such projects are compatible with the objectives of the Birds Directive and the Habitats Directive, appropriate mitigation measures and use of best available technologies and latest scientific knowledge should be included in project design and operation. These mitigation measures should be designed to minimize incidental killing and disturbance to the greatest extent possible and should be assessed by the competent authority on the basis of objective evidence, including whether they are capable of achieving the protective objectives of the Directives and whether they will prevent adverse effects on the population of the species concerned, assessed in light of their maintenance at a favourable conservation status in their natural range. The mitigation hierarchy, whereby developers first explore alternatives that would avoid or further reduce killing or disturbance, should remain a fundamental principle guiding project development. Additionally, the cumulative and synergistic effects arising from the interaction of this project with other existing or approved plans, projects, and activities in the same geographical area should be considered, as the incidental impacts of multiple projects can cumulatively threaten populations even where individual projects meet Article 8 requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| (34) The construction, operation, and decommissioning of projects can lead to incidental killing or disturbance of bird species protected under Directive 2009/147/EC and other species protected under Directive 92/43/EEC. The extent of killing or disturbance can vary depending on the type of project and its design, the ecological importance of the area for the species and their presence in the area concerned. However, appropriate mitigation measures and use of best available technologies should be included in such projects to prevent or reduce those adverse effects to insignificant levels. | (34) The construction, operation, and decommissioning of projects can lead to incidental killing or disturbance of bird species protected under Directive 2009/147/EC and other species protected under Directive 92/43/EEC. The extent of killing or disturbance can vary depending on the type of project and its design, the ecological importance of the area for the species and their presence in the area concerned. However, appropriate mitigation measures should be included in such projects to prevent or reduce those adverse effects to insignificant levels. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the best available scientific data that any residual effects do not adversely affect the populations of the species concerned. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the best available scientific data that any residual effects do not adversely affect the populations of the species concerned. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. | (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the best available technologies and latest scientific data that the maintenance of the populations of the species concerned at a favourable conservation status in their natural range is preserved, despite the possible existence of negative impacts on individual specimens of those species. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, with particular attention paid to species listed as priority species under Annex II of the Habitats Directive, species with declining populations, and species subject to international protection under the Ramsar Convention, the Convention on Migratory Species, or other international agreements, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the best available scientific data that any residual effects do not adversely affect the populations of the species concerned. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. | (35) Mitigation measures applied in the framework of derogations from the strict protection regime should be based on the best available scientific data and should contribute to the maintenance of the concerned protected species at favourable conservation status. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the best available scientific data that any residual effects do not adversely affect the populations of the species concerned. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. | (35) Mitigation measures should be appropriate and proportionate, ensuring on the basis of the available scientific data that any residual effects do not adversely affect the populations of the species concerned. The level of mitigation effort shall therefore correspond to the degree of risk and the vulnerability of the species, without exceeding what is necessary to achieve that objective. While the cost of mitigation should also be considered as part of the proportionality assessment, economic factors alone should not justify the omission of necessary measures, nor should they serve as grounds to reject effective mitigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35a) The objectives of streamlining and coordinating environmental assessment procedures should not result in a reduction of the level of protection afforded to species protected under Directives 2009/147/EC and 92/43/EEC. The prohibitions and protection obligations established by those Directives, as interpreted by the Court of Justice of the European Union, should continue to apply in full. Measures to improve the efficiency of permitting and assessment procedures should focus on early planning, avoidance of impacts, improved administrative capacity and the effective application of mitigation measures, without modifying the substantive requirements of Union nature legislation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (35a) Where the implementation of plans, programmes or projects results in incidental effects on nests, eggs or protected plants, competent authorities should be able to assess whether appropriate and proportionate mitigation measures avoid significant adverse impacts on the population or conservation status of the species concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. | (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to the goals of European competitiveness, security of supply, economic resilience, energy security, resource efficiency and decarbonisation, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. | (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation and deep industrial transformation of energy intensive industries, especially joint clean technology and energy intensive industrial projects, as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature, whether they contribute to decarbonisation goals, resource efficiency and resilience as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. | (36) When establishing whether projects may be covered under the provision on assessing overriding public interest under this Regulation, specific attention should be given to their strategic nature recognised by the EU legislation, whether they contribute to decarbonisation goals or resource efficiency as well as to what extent they are likely – or not – to cause significant effect on the environment. In the upcoming Circular Economy Act, projects which concern prevention, separate collection, re-use, preparing for re-use, and recycling of waste should also be defined as strategic, given their important contribution to circular economy. Also, in the upcoming Industrial Accelerator Act, projects related to decarbonisation of energy intensive industries as well as those located in industrial acceleration areas should also be defined as strategic given their importance to resilience and decarbonisation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36a) The presumption that certain projects developed for strategic sectors or categories are to be considered of public interest and are presumed to have an overriding public interest and to serve the interests of public health and safety should not be understood as exempting such projects from the environmental assessments or screening procedures required under Union law. That presumption concerns only the assessment of the public interest, overriding public interest, public health and public safety criteria where, following the relevant environmental assessment, a derogation or exemption under Article 4(7) of Directive 2000/60/EC, Article 9(1), point (a), of Directive 2009/147/EC, or Articles 6(4) or 16(1) of Directive 92/43/EEC is required for the project to proceed. It should enable competent authorities to take faster and more legally certain decisions on those criteria, following an adequate balancing of interests in the individual case, while leaving unaffected the other conditions laid down in those Directives. Those conditions include, as relevant under the applicable Directive, the absence of alternative or satisfactory solutions, the taking of practicable steps to avoid or reduce adverse effects, the adoption of compensatory measures where required, the protection of the overall coherence of Natura 2000 and the maintenance of protected species at a favourable conservation status. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36a) In implementing this Regulation, the Member States are to make sure that the procedural and documentation requirements placed on farm owners and managers do not go beyond what is strictly necessary to achieve the objectives of this Regulation, thus avoiding administrative overlap and disproportionate burdens liable to undermine the competitiveness of Europe’s farms. |
| Text proposed by the Commission | Amendment |
|---|---|
| (36b) The right balance should be struck between the pursuit of the environmental objectives in this Regulation and the competitiveness of Europe’s agricultural and agri-food sector, the security of food supply and the economic viability of farms, while recognising the pivotal contribution farmers make to land management, landscape protection and the conservation of natural resources. |
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Predictable, simpler and faster processes for environmental assessments as part of the overall national authorisation processes, are necessary to provide the investment security necessary for the effective development of projects, which may be particularly important in certain sectors of the economy at this juncture. Therefore, as part of the toolbox, sectorial Union legislation may also provide, in accordance with this Regulation, that plans, programmes and projects in certain sectors or categories should be regarded as urgent at national level and should therefore be given a priority status insofar as national law provides for such expediated procedures in all judicial and dispute resolution procedures relating to them, while ensuring respect for the rights to access to justice and defence, if and to the extent, national law provides for such expeditated procedures. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Predictable, simpler and faster processes for environmental assessments as part of the overall national authorisation processes, are necessary to provide the investment security necessary for the effective development of projects, which may be particularly important in certain sectors of the economy at this juncture. Therefore, as part of the toolbox, sectorial Union legislation may also provide, in accordance with this Regulation, that plans, programmes and projects in certain sectors or categories should be regarded as urgent at national level and should therefore be given a priority status insofar as national law provides for such expediated procedures in all judicial and dispute resolution procedures relating to them, while ensuring respect for the rights to access to justice and defence, if and to the extent, national law provides for such expeditated procedures. | (37) It is up to Member States to decide whether plans, programmes and projects in certain sectors or categories should be regarded as urgent at national level and should therefore be given a priority status insofar as national law provides for such expediated procedures in all judicial and dispute resolution procedures relating to them, while ensuring respect for the rights to access to justice and defence, if and to the extent, national law provides for such expeditated procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (37) Predictable, simpler and faster processes for environmental assessments as part of the overall national authorisation processes, are necessary to provide the investment security necessary for the effective development of projects, which may be particularly important in certain sectors of the economy at this juncture. Therefore, as part of the toolbox, sectorial Union legislation may also provide, in accordance with this Regulation, that plans, programmes and projects in certain sectors or categories should be regarded as urgent at national level and should therefore be given a priority status insofar as national law provides for such expediated procedures in all judicial and dispute resolution procedures relating to them, while ensuring respect for the rights to access to justice and defence, if and to the extent, national law provides for such expeditated procedures. | (37) Predictable, simpler and faster processes for environmental assessments as part of the overall national authorisation processes, are necessary to provide the investment security necessary for the effective development of projects, which may be particularly important in certain sectors contributing to decarbonisation and strategic autonomy, that are particularly relevant at this juncture. Therefore, sectorial Union legislation may also provide, in accordance with this Regulation, that plans, programmes and projects in such sectors or categories should be regarded as urgent at national level and should therefore be given a priority status insofar as national law provides for such expediated procedures in environmental assessment procedures and in all judicial and dispute resolution procedures relating to them, that should be concentrated in a single forum, while ensuring respect for the rights to access to justice and defence, if and to the extent, national law provides for such expeditated procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to identify strategic projects concerning construction and renovation of residential affordable or social buildings, as well as the necessary infrastructure that directly serves those buildings. | deleted |
This recital provides for an unjustified extension of the Commission’s role in housing, urban planning and land-use planning.
| Text proposed by the Commission | Amendment |
|---|---|
| (38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to identify strategic projects concerning construction and renovation of residential affordable or social buildings, as well as the necessary infrastructure that directly serves those buildings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to identify strategic projects concerning construction and renovation of residential affordable or social buildings, as well as the necessary infrastructure that directly serves those buildings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to identify strategic projects concerning construction and renovation of residential affordable or social buildings, as well as the necessary infrastructure that directly serves those buildings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (38a) Environmental assessment procedures constitute an essential safeguard for the protection of health, biodiversity and the environment. The establishment of special procedural regimes for categories of projects designated as "strategic" risks creating unequal treatment between sectors and projects and may weaken the consistent application of Union environmental law. Given the inherent difficulties in defining strategic sectors or projects in Union law, acceleration measures should not confer privileged treatment on specific economic sectors and should remain subject to the same environmental safeguards, public participation requirements and judicial scrutiny. |
| Text proposed by the Commission | Amendment |
|---|---|
| (39a) In order to ensure the consistency of the legal framework applicable to environmental assessments and to avoid further fragmentation thereof, provisions on environmental assessments contained in certain existing sectoral Union legislation should be incorporated into this Regulation. Future sectoral Union legislation should, where appropriate, take account of the framework established by this Regulation. To enable horizontal simplification and regulatory overlaps Regulation (EU) 2024/1735 [NZIA], Regulation (EU) 2024/1252 [CRMA] and Regulation (EU) 2023/1781 [Chips Act] should therefore be amended accordingly. |
| Text proposed by the Commission | Amendment |
|---|---|
| (40a) In light of the changed security environment in Europe, defence readiness and civil preparedness require greater legal certainty and flexibility. Projects, plans and programmes serving defence or preparedness for or response to civil emergencies are often dual-use or integrated with civilian infrastructure. The existing references to projects, plans or programmes having such purposes as their sole purpose are therefore too narrow. This Regulation should ensure that Union environmental assessment requirements do not hinder such projects, while preserving Member States’ ability to apply national assessment, consultation or information requirements. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation applies to environmental assessments and screening of plans, programmes and projects falling within the scope of Directives 2000/60/EC, 2001/42/EC, 2009/147/EC, 2011/92/EU and 92/43/EEC. | This Regulation applies to environmental assessments and screening of plans, programmes and projects falling within the scope of Directives 2001/42/EC, 2009/147/EC, 2011/92/EU and 92/43/EEC. |
| Nothing in this Regulation shall affect the independent assessment required under Article 4(7) of Directive 2000/60/EC, including the assessment of overriding public interest and the examination of alternatives on a case-by-case basis |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation applies to environmental assessments and screening of plans, programmes and projects falling within the scope of Directives 2000/60/EC, 2001/42/EC, 2009/147/EC, 2011/92/EU and 92/43/EEC. | This Regulation lays down the rules for the organisation, coordination and conduct of environmental assessments and screening of plans, programmes and projects falling within the scope of Directives 2000/60/EC, 2001/42/EC, 2009/147/EC, 2011/92/EU and 92/43/EEC. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘reasoned conclusion’ means the opinion or decision of the competent authority finalizing its examination of the environmental effects of a project; | (a) ‘reasoned conclusion’ means the opinion or decision of the competent authority finalizing its examination of the significant environmental effects of a project; |
Jeannette Baljeu, Olivier Chastel, Katri Kulmuni, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk, Asger Christensen
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) ‘screening in the context of Article 6(3) of Council Directive 92/43/EEC’ means the preliminary assessment whether a plan or project is likely to have significant effects on a site, either individually or in combination with other plans or projects, in view of the conservation objectives of the site concerned. For modifications of existing lawful projects, such screening shall reflect the actual change compared to the lawful baseline situation and shall take into account project characteristics, including emission reductions or other improvements, that are directly linked to and inherent in the plan or project under assessment. This shall be without prejudice to the assessment of any other likely significant effects on the site concerned, including cumulative effects. |
This amendment introduces a clear definition of screening under Article 6(3) of the Habitats Directive in the context of this Regulation. It clarifies that, for modifications of existing lawful projects, screening should reflect the actual change compared to the lawful baseline and may take into account project characteristics that are directly linked to and inherent in the project. This avoids overly abstract assessments that ignore emission reductions or other improvements inherent to the project, while maintaining the precautionary approach, the assessment of cumulative effects and the conservation objectives of the site concerned.
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) ‘joint procedure” ‘means a procedure where a competent authority provides for a single assessment of the environmental impact of a particular project and, where relevant, plan or programme, required by the relevant Directives and resulting in one consolidated assessment, one single decision or set of decisions adopted within the same procedural framework. |
| Text proposed by the Commission | Amendment |
|---|---|
| (cb) ‘functional procedural subordination and coordination’ means the obligation of competent authorities and bodies involved in screening or environmental assessment procedures to act, for the purposes of procedural management, under the procedural direction of the environmental single point of contact or of the authority responsible for procedural coordination, while retaining their powers and responsibilities as regards the substance, quality and completeness of the assessment; |
Jeannette Baljeu, Olivier Chastel, Katri Kulmuni, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk, Asger Christensen
| Text proposed by the Commission | Amendment |
|---|---|
| (cb) ‘lawful baseline situation’ means, for a modification of an existing lawful project, the legally authorised and factually existing situation of that project at the time of the screening, including the environmental pressures that may lawfully continue without that modification, and excluding unauthorised, expired or purely hypothetical activities or pressures. |
This amendment defines the lawful baseline situation in order to ensure legal certainty when assessing modifications of existing lawful projects. It clarifies that only legally authorised and factually existing activities may be taken into account, thereby allowing genuine sustainability improvements to be assessed against the current lawful situation while excluding unauthorised, expired or purely hypothetical activities.
| Text proposed by the Commission | Amendment |
|---|---|
| (cc) ‘single procedural pathway’ means the single procedural steps and channels through which, for plans, programmes or projects subject to screening, environmental assessment, permit-granting and authorisation procedures under Union or national law, the developer submits information, receives procedural guidance and information requests, and is informed of the procedural steps and of the outcome of those procedures. ; |
| Text proposed by the Commission | Amendment |
|---|---|
| (cd) Strategic Projects means projects which are recognised as strategic by the Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. ‘environmental assessment’ means assessments under Directives 2000/60/EC Article 4(7), 2001/42/EC Article 3(1), 2011/92/EU Article 2(1) and 92/43/EEC Article 6(3). As Article 5 is proposed to be deleted, also the definition of major works (Art 2(2)(f)) ought to be deleted. Similarly, the definition for modifications to ensure decarbonization should be deleted as the phrase is not used in this Regulation anymore (Art 2(2)(g)). |
Recital 9 / Art. 2: Recital 9 lists environmental assessments and appropriate assessments. To clarify the scope of the Regulation definition on ‘environmental assessment’ should be included in the definitions of Art. 2. The environmental assessments under the Directives covered by the Regulation should be defined explicitly i.e. mention relevant articles of each Directive.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [OP please insert – 6 months after the entry into force of this Regulation], Member States shall establish or designate environmental single points of contact at the relevant administrative level for environmental assessments. Each single point of contact shall be responsible for facilitating and coordinating all aspects of the environmental assessments under this Regulation, including for providing information on when an application is considered to be completed in accordance with Article 7 of this Regulation. | 1. By [OP please insert – 6 months after the entry into force of this Regulation], Member States shall establish or designate an environmental single point of contact at the relevant administrative level for environmental assessments. The environmental single point of contact shall be responsible for the functional procedural subordination, facilitation and coordination of all aspects of the environmental assessments under this Regulation, including for providing information on when an application is considered to be completed in accordance with Article 7 of this Regulation. The single point of contact shall be responsible for managing a single procedural pathway, including by providing procedural guidance to developers throughout the environmental assessment and permitting process, without prejudice to the responsibilities of the developer for the preparation and content of the environmental assessment and permit-granting process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [OP please insert – 6 months after the entry into force of this Regulation], Member States shall establish or designate environmental single points of contact at the relevant administrative level for environmental assessments. Each single point of contact shall be responsible for facilitating and coordinating all aspects of the environmental assessments under this Regulation, including for providing information on when an application is considered to be completed in accordance with Article 7 of this Regulation. | 1. By [OP please insert – 6 months after the entry into force of this Regulation], Member States shall establish or designate environmental single points of contact at the relevant administrative level for environmental assessments. Each single point of contact shall be responsible for facilitating and coordinating all aspects of the environmental assessments under this Regulation, including for providing information on when an application is considered to be completed in accordance with Article 7 of this Regulation. The environmental single point of contact shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a single point of contact is required for an overall permit-granting process pursuant to other Union or national legislation, the environmental single point of contact referred to in paragraph 1 shall be the same as the one established for that overall permit-granting procedure. | deleted |
This amendment aims to preserve Member States’ flexibility in organising their permitting and administrative procedures. While a single point of contact can be a useful tool to facilitate communication with project developers, Union law should not prescribe in detail how national authorities must structure, merge or operate such contact points. Member States should be able to build on existing administrative structures and digital tools, avoid duplication and adapt procedures to their national legal and institutional systems.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where a single point of contact is required for an overall permit-granting process pursuant to other Union or national legislation, the environmental single point of contact referred to in paragraph 1 shall be the same as the one established for that overall permit-granting procedure. | 2. Where a single point of contact or one-stop shop exists or is required under national law for plans, programmes, or projects or for an overall permit-granting process pursuant to other Union or national legislation, the environmental single point of contact referred to in paragraph 1 shall be the same as the one established for that overall permit-granting procedure |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall provide tools to help developers identify the appropriate established or designated contact point on the online portal set up in accordance with Article 10. | deleted |
This amendment aims to preserve Member States’ flexibility in organising their permitting and administrative procedures. While a single point of contact can be a useful tool to facilitate communication with project developers, Union law should not prescribe in detail how national authorities must structure, merge or operate such contact points. Member States should be able to build on existing administrative structures and digital tools, avoid duplication and adapt procedures to their national legal and institutional systems.
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The environmental single point of contact shall perform exclusively coordinating and administrative functions and shall not replace, override or limit the responsibilities of competent authorities under Union environmental legislation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. | deleted |
This amendment aims to preserve Member States’ flexibility in organising their permitting and administrative procedures. While a single point of contact can be a useful tool to facilitate communication with project developers, Union law should not prescribe in detail how national authorities must structure, merge or operate such contact points. Member States should be able to build on existing administrative structures and digital tools, avoid duplication and adapt procedures to their national legal and institutional systems.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. | 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project developer of the outcome of the comprehensive decision, including the reasoned conclusion referred to in Article 2(2). Member States shall ensure that competent authorities involved in screening or environmental assessment procedures cooperate with the environmental single point of contact and provide it with the information necessary to coordinate the procedural workflow, consolidate information requests and communicate with the developer within the applicable deadlines. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. | 4. The environmental single point of contact established or designated pursuant to paragraph 1 shall be the sole point of contact for the developer for the environmental assessments under this Regulation. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision. The Member States shall refrain from introducing additional administrative or procedural layers that are not strictly necessary for the implementation of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. In the case of projects involving dangerous substances, sensitive industrial installations, Seveso sites, chemical activities, industrial recycling or specific health risks, Member States shall ensure that the environmental single point of contact can mobilise appropriate expertise in public health, toxicology, industrial safety and risk prevention. |
The single point of contact must be an operational tool capable of coordinating the necessary expertise, in particular for projects presenting health, chemical or industrial risks.
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Where national law already provides for the concentration of procedural responsibilities in one competent authority, or for an equivalent coordination mechanism within the relevant planning or permit-granting procedure, Member States shall not be required to establish an additional environmental single point of contact. Such national arrangements shall be deemed to fulfil the requirements of this Article. |
The amendment avoids the creation of additional administrative structures where Member States already have functioning systems of procedural concentration or equivalent coordination mechanisms.
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Where an application is submitted to a single point of contact that is not competent for the project concerned, the receiving single point of contact shall forward the application to the competent authority within 10 working days and inform the developer accordingly. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall establish a coordinated or joint procedure fulfilling all the requirements of those Directives. | In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall establish a coordinated or joint procedure fulfilling all the requirements of those Directives, while keeping all requirements under each assessment intact. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall establish a coordinated or joint procedure fulfilling all the requirements of those Directives. | In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall be able to establish a coordinated or joint procedure fulfilling all the requirements of those Directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall establish a coordinated or joint procedure fulfilling all the requirements of those Directives. | In the case of plans, programmes, or projects for which the obligation to carry out assessments of the effects on the environment or screening arises simultaneously from any two or more of the Directives referred to in Article 1(1), Member States shall establish a joint procedure fulfilling all the requirements of those Directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| Under the coordinated procedure referred to in the first subparagraph, a competent authority shall coordinate the various individual assessments of the environmental impact of a particular plan, programme or project required by the relevant Directives. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Under the coordinated procedure referred to in the first subparagraph, a competent authority shall coordinate the various individual assessments of the environmental impact of a particular plan, programme or project required by the relevant Directives. | Under the coordinated procedure referred to in the first subparagraph, a competent authority shall, where appropriate, coordinate the various individual assessments of the environmental impact of a particular plan, programme or project required by the relevant Directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| Under the joint procedure referred to in the first subparagraph, a competent authority shall provide for a single assessment of the environmental impact of a particular plan, programme or project required by the relevant Directives. | Under the joint procedure referred to in the first subparagraph, when relevant, a competent authority shall provide for a single assessment covering all the relevant elements of the environmental impact of a particular plan, programme or project required by the relevant Directives. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of coordinated or joint procedures shall remain proportionate and shall not require, at the stage of the environmental assessment of a plan or programme, the submission of information corresponding to a level of detail that can only reasonably be provided at project level. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall establish appropriate mechanisms for coordination and cooperation at strategic and project level among all their competent authorities involved in environmental assessments or screenings of plans, programmes or projects. Where a plan, programme or project is subject to a coordinated procedure for assessment under both Directives 2001/42/EC and 2011/92/EU, the procedural steps under those Directives shall be combined. | 2. Member States shall establish appropriate mechanisms for coordination and cooperation at strategic and project level among all their competent authorities involved in environmental assessments or screenings of plans, programmes or projects. Where a plan, programme or project is subject to a coordinated procedure for assessment under both Directives 2001/42/EC and 2011/92/EU, the procedural steps under those Directives may be combined. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall establish appropriate mechanisms for coordination and cooperation at strategic and project level among all their competent authorities involved in environmental assessments or screenings of plans, programmes or projects. Where a plan, programme or project is subject to a coordinated procedure for assessment under both Directives 2001/42/EC and 2011/92/EU, the procedural steps under those Directives shall be combined. | 2. Member States shall establish appropriate mechanisms for coordination and cooperation at strategic and project level among all their competent authorities involved in environmental assessments or screenings of plans, programmes or projects. Where a plan, programme or project is subject to a joint procedure for assessment under both Directives 2001/42/EC and 2011/92/EU, the procedural steps under those Directives shall be combined. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Where a project is included in a plan or programme subject to an environmental assessment under Directive 2001/42/EC, the results of that assessment shall be duly taken into account in subsequent project-level procedures and shall not be reassessed or duplicated in subsequent environmental assessments under Directive 2011/92/EU. Those results shall be supplemented solely by further detailed assessments, to be submitted to the relevant sectoral environmental authorities for review, in order to examine additional project-specific elements relating to the different project stages which were not, and could not reasonably have been, assessed at plan or programme level. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States shall ensure that joint procedures are organised in accordance with a once-only principle, so that the developer is not required to submit the same information or documents more than once where such information or documents have already been submitted to, or are available to, the competent authorities involved in the procedure. This shall be without prejudice to requests for updates, clarifications or additional information that are necessary for the assessment of the application. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In the case of plans, programmes or projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from two or more of the Directives referred to in Article 1(1), Member States shall issue one single opinion on the scope and level of detail of the information to be included in the environmental assessment report. | 3. In the case of plans, programmes or projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from two or more of the Directives referred to in Article 1(1), Member States shall issue one single opinion on the scope and level of detail of the information to be included in the environmental assessment report. Where such a single opinion is issued, it shall distinguish, where necessary, between the different scope and level of detail required for each relevant assessment and shall not require information beyond what is necessary for the assessment concerned. |
Parallel assessments may require different levels of detail. A single scoping opinion should not make the most detailed procedure set the standard for all assessments. This amendment prevents over-scoping while preserving coordination.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In the case of plans, programmes or projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from two or more of the Directives referred to in Article 1(1), Member States shall issue one single opinion on the scope and level of detail of the information to be included in the environmental assessment report. | 3. In the case of plans, programmes or projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from two or more of the Directives referred to in Article 1(1), Member States shall issue one single opinion on the scope and level of detail of the information to be included in the environmental assessment report. However, if the simultaneous obligation concerns Directives 2011/92/EU and 2001/42/EC, Member States may issue one single opinion on scope. |
In every country the one single opinion on scoping for EIA and SEA is not feasible. No authority can be given such power to issue a one single opinion in some legislative system where the municipality governs land use planning including its SEA.
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Where a project is subject to an environmental impact assessment under Articles 5 to 10 of Directive 2011/92/EU and, at the same time, constitutes an industrial activity falling within the scope of Directive 2010/75/EU, Member States may provide that the documentation submitted for the purposes of Directive 2010/75/EU shall also serve as the environmental impact assessment report required under Article 5(1) of Directive 2011/92/EU. This shall apply only where the project is assessed through an integrated permitting procedure which covers both the requirements relating to integrated pollution prevention and control under Directive 2010/75/EU and the relevant environmental factors referred to in Article 3 of Directive 2011/92/EU. In such cases, the competent authority shall ensure that those factors are examined, assessed and duly taken into account before the approval decision is adopted. The developer shall submit, in addition, a non-technical summary of the application documentation. |
This amendment seeks to avoid unnecessary duplication where a project is subject both to Directive 2010/75/EU and to Directive 2011/92/EU. In such cases, the information required for an integrated permitting procedure may already cover the environmental factors relevant under Article 3 of Directive 2011/92/EU, provided that those factors are duly identified, assessed and taken into account before the approval decision is adopted. Requiring a separate environmental impact assessment report in addition to the documentation submitted under Directive 2010/75/EU may therefore create an additional procedural layer without necessarily improving the substantive assessment of environmental effects. Allowing the same documentation to serve both purposes, where the relevant EIA requirements are fully covered, reduces administrative burden, lowers costs for operators and competent authorities, and accelerates permitting procedures while maintaining the level of environmental protection required under Union law. The amendment preserves the safeguards of Directive 2011/92/EU by requiring that all relevant environmental factors are examined within the integrated procedure and that a non-technical summary is provided.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Competent authorities shall consult the public concerned by the environmental decision-making procedure relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. | 4. Competent authorities shall consult the public concerned by the environmental decision-making procedure relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. This paragraph shall not require Member States to introduce an additional public consultation at the screening or scoping stage where public participation is ensured in the main planning or permit-granting procedure in accordance with Directive 2011/92/EU or Directive 2001/42/EC, as applicable. |
Public participation must remain effective and comply with Union law. However, the Regulation should not create additional consultation stages where public participation is already ensured within the main procedure. Additional mandatory consultation at screening or scoping stage would risk increasing procedural complexity without improving environmental protection.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Competent authorities shall consult the public concerned by the environmental decision-making procedure relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. | 4. Competent authorities shall endeavour to consult the public concerned by the environmental decision-making procedure relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Competent authorities shall consult the public concerned by the environmental decision-making procedure relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. | 4. Competent authorities shall consult the public concerned by the environmental decision-making procedure in line with the Aarhus Convention, relating to a plan, programme or project subject to an assessment in accordance with paragraph 1 at the same time as they consult the authorities likely to be concerned by that plan, programme or project by reason of their specific environmental responsibilities or local and regional competences referred to in Article 6(2) of Directive 2001/42/EC and Article 6(1) of Directive 2011/92/EU. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest, including Union or national rules restricting disclosure of information concerning protected species, national security, defence, public safety or critical infrastructure. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. |
Re-use of environmental data can reduce duplication, but sensitive data must remain protected. This amendment ensures that data sharing under Article 4 does not override Union or national rules on confidentiality, protected species, security or defence.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. The developer should be allowed to use data already collected for other environmental assessments. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available with a view to avoiding duplication by allowing the relevant information to be used in environmental assessments undertaken in the same or in other planning or permit-granting procedures within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. |
This amendment improves access to the results of environmental assessments by ensuring that relevant information can be made available more easily and used more effectively in subsequent procedures.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as three years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information as old as five years, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. | 5. Member States shall ensure that the results of other relevant environmental assessments under Union or national legislation are made available to developers for their preparation of the environmental reports referred to in Article 5 of Directive 2011/92/EU within reasonable timelines, respecting the limitations with regard to commercial and industrial confidentiality, including intellectual property, data protection and the safeguarding of the public interest. When preparing an environmental assessment report, the developer of a project shall be allowed to use data or information, provided that the data into the report take into account the site-specific conservation objectives of Natura 2000 sites where relevant, more recent data is not available, and the environmental conditions in which the data were collected have not substantially changed in a way that is likely to influence the environmental impact assessment. |
Data or information that project developers are allowed to use should not be limited to a certain time period, especially data that does not change frequently, e.g. geology, flood forecasts, etc. but also data that fulfills the conditions mentioned for other reasons.
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Where a project consists of several construction works, installations or schemes, or other interventions in the natural surroundings and landscape, and where those works or interventions pursue distinct main objectives or are functionally separable, including where they may be developed, authorised or implemented independently from one another, each of them may be subject to its own less complex environmental impact assessment, in particular where a single assessment for the project as a whole would be disproportionate or impracticable in view of the scale, complexity, geographical dispersion, phasing, or number of developers or competent authorities involved. This possibility shall not lead to the project being split up to such an extent that the works or interventions concerned, when taken together, escape the obligation to carry out an assessment where they are likely to have significant effects on the environment, and shall be without prejudice to the requirements relating to the consideration of cumulative effects, as set out in Annex IV, paragraph 5(e), of Directive 2011/92/EU. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Data and information used for the purposes of an approval decision shall be presumed to be sufficiently current where they were obtained within seven years prior to that decision. The competent authority shall base its decision on such data and information unless, on the basis of its own assessment or substantiated observations submitted during public or authority consultations, there are concrete indications that the relevant circumstances have materially changed and that such change may affect the outcome of the approval procedure. For onshore wind energy installations, the period referred to in the first subparagraph shall be five years. Data and information obtained before the expiry of the periods referred to in the first and second subparagraphs may also be relied upon where the competent authority can reasonably conclude that the relevant circumstances remain applicable, in particular where the nature of the data or information concerned does not suggest that significant changes are likely to have occurred. |
This amendment aims to provide legal certainty on the temporal validity of data and information used in environmental assessment and permit-granting procedures. Competent authorities and project developers need a clear reference point to determine when existing data may continue to be relied upon and when updated information is required.
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. The coordination or combination of procedures under this Article shall only concern assessments required under the Directives referred to in Article 1(1). It shall not extend those assessment obligations to, or entail a reassessment of the validity of, a measure adopted pursuant to another Union act, including a measure included as a basic measure pursuant to Article 11(3) of Directive 2000/60/EC. The criteria and conditions governing such a measure shall continue to be determined by the act on the basis of which it was adopted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. For screening and appropriate assessment under Article 6(3) of Directive 92/43/EEC, there shall be a rebuttable presumption regarding the likelihood of a plan or project to have a significant effect, leading to the presumption that: | |
| (i) an appropriate assessment is required only for projects, or plans providing for projects, falling within Article 4(1) in conjunction with Annex I of Directive 2011/92/EU; | |
| (ii) a screening is required only for projects, or plans providing for projects, falling within Article 4(2) in conjunction with Annex II of Directive 2011/92/EU. |
Under Article 6(3) of the Habitats Directive, an appropriate assessment is required whenever significant effects on a Natura 2000 site cannot be ruled out. However, the Directive itself does not define what constitutes a "significant" effect. As a consequence, Member States have developed widely diverging approaches regarding screening thresholds and significance determinations. In practice, this has resulted in substantial differences in administrative burdens, permitting timelines and legal certainty across the European Union. In the Netherlands, even negligible nitrogen emissions trigger extensive project-level assessments and litigation following court rulings.
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. In implementing this Regulation, the Member States shall neither introduce nor maintain additional administrative procedures or procedural constraints which run counter to the goal of simplifying and coordinating environmental assessments. In particular, the Member States shall ensure that the authorisation procedures do not involve multiple levels of environmental assessment for a single project or gatekeeping criteria which are not provided for in Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Member States shall take measures to ensure that streamlining measures do not reduce opportunities for effective public participation, access to environmental information, or access to justice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5b. For permit-granting procedures concerning energy grid projects, renewable energy projects, installations falling within the scope of Directive 2010/75/EU and transport projects, Member States may provide that environmental information submitted by third parties after a specified procedural deadline shall no longer be taken into account by the competent authority. Such deadline shall be determined in advance and shall not fall earlier than thirty days after the completion of the public and authority consultations carried out in accordance with Articles 6 and 7 of Directive 2011/92/EU. |
This amendment is intended to make permit-granting procedures more predictable and efficient by allowing Member States to define a final procedural deadline for the submission of environmental information. Such a deadline helps competent authorities to close the fact-finding phase of the procedure and to proceed to the assessment and decision-making stage on the basis of a clearly established file.
| Text proposed by the Commission | Amendment |
|---|---|
| 5b. The coordination or combination of procedures under this Article shall concern only the assessments required under the directives referred to in Article 1(1). It shall neither extend those assessment obligations to, nor entail any reassessment of the validity of, a measure adopted under another Union act, including a measure laid down as a basic measure under Article 11(3) of Directive 2000/60/EC. The criteria and conditions applicable to such a measure shall continue to be determined by the act under which it was adopted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5c. The reuse of existing environmental studies, reports, data or information shall be without prejudice to applicable rules on intellectual property rights, confidential business information, data protection and, where relevant, fair compensation. Competent authorities shall ensure that commercially sensitive information is protected in accordance with Union and national law. |
The reuse of environmental information can reduce duplication and accelerate procedures. At the same time, such reuse must respect proprietary rights, confidentiality and legitimate commercial interests in order to be legally workable and practically applicable.
| Text proposed by the Commission | Amendment |
|---|---|
| Article4a | |
| Harmonisation of permit-granting processes | |
| For projects referred to in this Regulation, the single procedural pathway shall cover all relevant administrative permits required to build and operate the project and, where required, environmental assessments, and shall comprise all applications and procedures from the acknowledgement that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the single point of contact concerned. | |
| The permit-granting process that includes environmental assessments for strategic projects listed in article 14 shall not exceed 18 months. | |
| In special cases, where the nature, complexity, location, size of the project so requires or upon the applicant's request, a Member State may once extend the time limit referred to in the second subparagraph by a maximum of 6 months before their expiry and on a case-by-case basis, within 6 months of the start of the permit-granting process. | |
| Where a Member State considers 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 measures to address identifiable risks have been put in place, it may extend the time limits referred to in the second by 6 months, within 6 months of the start of the permit-granting process. | |
| Where an environmental impact assessment is required pursuant to Directive 2011/92/EU, the preparation of the environmental assessment by the project developer referred to in Article 1(2), point (g)(i), of that Directive shall not be included in the duration of permit-granting process referred to in the second subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Avoidance of overlapping environmental assessment obligations | |
| Where | |
| (a) a strategic environmental assessment within the meaning of Directive 2001/42/EC has been carried out for a plan or programme that expressly authorises the establishment of an installation, and | |
| (b) that installation requires a permit under Directive 2010/75/EU, no environmental impact assessment under Directive 2011/92/EU shall be required for that installation, provided that the strategic environmental assessment has examined the environmental effects of the type of installation concerned, including its nature, scale, location, and principal emissions, and that the competent authority confirms in writing that those conditions are met prior to the commencement of the IED permitting procedure. |
Where a SEA has already assessed the environmental effects of a plan or programme and an IED permit will impose binding installation-specific environmental conditions, a separate project-level EIA may duplicate assessments already carried out. This amendment reduces unnecessary procedural overlap while maintaining environmental scrutiny at both planning and permitting stages.
Jeannette Baljeu, Olivier Chastel, Christine Singer, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk, Asger Christensen
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation and the reduction of emissions, including nitrogen emissions, shall only be subject to screening, including screening in the context of Article 6(3) of Council Directive 92/43/EEC, by the competent authorities in order to determine if they are likely to have significant effects on the environment or on the site concerned. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. Where screening is carried out in the context of Article 6(3) of Council Directive 92/43/EEC and concerns a modification of an existing lawful project, competent authorities shall assess the likely effects of that modification by reference to the lawful baseline situation and shall take into account project characteristics, including emission reductions, that are directly linked to and inherent in the project under assessment. An appropriate assessment under Article 6(3) of Council Directive 92/43/EEC shall be required only where, on the basis of objective site-specific information and in view of the conservation objectives of the site concerned, likely significant effects on that site cannot be excluded, either individually or in combination with other plans or projects. |
This amendment clarifies how changes or extensions of existing projects should be assessed where they contribute to decarbonisation or emission reduction, including the reduction of nitrogen emissions. It ensures that, at screening stage, competent authorities assess the modification against the lawful baseline situation rather than treating it as an entirely new project in isolation. Where the modification reduces the relevant environmental pressure compared to that baseline, this should be taken into account when determining whether likely significant effects can be excluded. The amendment does not exempt projects from Article 6(3) of the Habitats Directive. Screening remains required, including for cumulative effects, and an appropriate assessment remains mandatory where likely significant effects on a Natura 2000 site cannot be excluded on the basis of objective site-specific information. The amendment therefore creates legal certainty for genuine sustainability improvements, while preserving the full protection of Natura 2000 sites.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects shall not be directly subject to environmental assessment and shall first be subject to screening by the competent authorities in order to determine if they are to be subject to an environmental assessment because of their likely significant effects on the environment, alone or in combination with the original projects and any other changes or extensions previously authorised for the same project, where: |
| (a) the original project was subject to an environmental impact assessment in accordance with Article 3 of Directive 2011/92/EU or a screening for which the developer provided the information listed in Annex IIA of Directive 2011/92/EU | |
| (b) if required for the original project, the environmental permit is still valid; | |
| (c) the changes or extensions in themselves do not meet the thresholds, if any, set out in Annex I of Directive 2011/92/EU | |
| (d) the project complies with the applicable environmental mitigation and compensation measures established for the original project and those measures reflect best available techniques (BAT) and remain appropriate for the purpose of the changed project; | |
| (e) the surrounding environment has not experienced degradation since the building of the original project to the extent that the changes or extensions could lead to unacceptable levels of degradation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment, including in combination with the original project and any other changes or extensions previously authorised for the same project. |
| Those changes or extensions shall be subject to an environmental impact assessment where the screening indicates that they are likely to have significant effects on the environment, whether individually or in combination with the original project and any other previously authorised changes or extensions. | |
| For the purpose of this paragraph, the competent authority shall assess cumulative effects, addressing in particular effects on protected species, natural habitats and water bodies. |
The regulation should allow for quick identification of risks, as restoring damage would be more costly. The amendment embeds assessment of cumulative effects.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation and reduction in nitrogen emissions, shall only be subject to screening, including an assessment within the meaning of Article 6(3) of Council Directive 92/43/EEC, by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment and an appropriate assessment in accordance with Article 6(3) of Council Directive 92/43/EEC only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, those posed by the original project with regard to their effects on the environment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation and the reduction of nitrogen emissions, shall only be subject to screening, including screening in the context of Article 6(3) of Council Directive 92/43/EEC, by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment and an appropriate assessment under Article 6(3) of Council Directive 92/43/EEC only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project in terms of their effects on the environment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment where they involve works that are likely to have significant effects on the environment, taking into account the current state of the environment in the area likely to be affected and the cumulative effects with the original project. Where the original project was not subject to an environmental impact assessment under this Directive, the screening shall not be limited to the effects of the change or extension alone. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. 1. Changes or extensions of projects, such as the repurposing of pipelines or industrial sites, the extension of their operation period, and modifications to ensure decarbonisation and the reduction of nitrogen emissions, shall only be subject to screening, including screening in the context of Article 6(3) of Council Directive 92/43/EEC, by the competent authorities in order to determine whether they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assess ment and an appropriate assessment under Article 6(3) of Council Directive 92/43/EEC only where they involve major works that represent risks that are similar to or greater than those posed by the original project in terms of their effects on the environment. |
Due to the current interpretation of this article only the effects on Natura 2000 areas of the new project may be assessed, while the existing effects of the current activity may not be considered in comparison. As a result, projects that will result in a lower emissions or reduced environmental impacts compared to the existing authorized activity are often not able to obtain permits.Practical example:A dairy farmer who currently has a legal permit for his farming activities under the Habitats Directivewants to install an air scrubber on his barn to reduce his ammonia emissions. Installing this air scrubberwill result in negligible short-term impact, limited to the emissions that will occur when installing the airscrubber(i.e. machinery used for installation, transport). After installation, the farmer is able tosignificantly reduce emissions over time, thereby contributing to nature restoration. Due to the currentimplementation of Article 6(3) of the Habitats Directive, this farmer cannot obtain a permit because theemission reductions compared to the baseline situation may not be considered.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, modernisation, security, competitiveness, reshoring, industrial continuity and increase of strategic production capacities or reduction of critical dependencies shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. |
The modernisation of a strategic industrial site should not be facilitated only when it meets a decarbonisation objective. It must also be facilitated when it strengthens competitiveness, industrial sovereignty, security of supply and the reshoring or continuity of production in the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure the reduction of greenhouse gas emissions from existing installations or industrial processes, pollution prevention, circularity of production processes with demonstrable emission reduction benefits, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are different in scope, in terms of their effects on the environment, to those posed by the original project. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they are likely to have significant effects on the environment, in particular by virtue of their nature, size or location, or involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes, extensions, refurbishment, modernisation, repowering, reinforcement or measures enabling the continued operation of an existing project, installation, corridor or functionally connected infrastructure shall be subject only to a screening procedure, unless the competent authority determines, on the basis of objective evidence, that the proposed change is likely to have significant additional adverse effects on the environment compared with the existing project, installation, corridor or infrastructure.Where such significant additional adverse effects are identified, the subsequent assessment shall be limited to those effects which are likely to result from the proposed change. |
The amendment ensures that modifications of existing projects are assessed on the basis of their additional environmental effects. It avoids treating modernisation, repowering, reinforcement or continued operation measures in the same way as entirely new projects where only incremental impacts are relevant.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they are likely to have significant effects on the environment, in particular by virtue of their nature, size or location, or involve works that represent risks that are different in scope in terms of their effects on the environment, to those posed by the original project. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve works that would, cause significant adverse environmental effects that are comparable in nature and scale to those of the original project. Member States shall establish clear materiality thresholds for common project types to ensure legal certainty. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by an original project as defined by Article 4. |
It is unclear what is meant by “major works”. The decisive factor is the significant effects on the environment. Therefore, we propose to delete “involve major works that”. Furthermore, not the original project as such (size, effects on the environment) should be decisive as to whether an environmental assessment has to be carried out or not, but the thresholds / criteria or other decisive factors that lead to an environmental assessment of an original project.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project. | 1. Changes or extensions of projects, such as repurposing of pipelines or of industrial sites, and extension of their operation period and modifications to ensure decarbonisation, shall only be subject to screening by the competent authorities in order to determine if they are likely to have significant effects on the environment. Those changes or extensions shall be subject to an environmental assessment only where they involve major works that represent risks that are or greater than, in terms of their effects on the environment, to those posed by the original project. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. For the purposes of multiple changes or extensions of the same project or of functionally connected projects carried out within a period of ten years shall be aggregated and assessed cumulatively by the competent authority. Where the cumulative value of the modifications exceeds risks that are similar to or greater than, in terms of their effects on the environment, to those posed by the original project, the competent authority shall subject the entirety of the modifications accumulated during the reference period to an environmental assessment, treating them as a single intervention. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Changes or extensions of a project that are primarily intended to reduce greenhouse gas emissions, increase energy efficiency, improve environmental performance, or enhance the environment shall, provided they do not result in new significant adverse effects on the environment, be subject only to screening by the competent authorities and shall normally be exempt from the requirement for an environmental assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Unless the original project did not undergo an environmental assessment and without prejudice of the decision on screening by the competent authority, where no mitigation measures had been included in the environmental assessment of the original project, the developer can update and implement the mitigation measures prior to the change of the project on the basis of the scientific data available. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Where no mitigation measures had been included in the environmental assessment of the original project, the developer shall update and implement the mitigation measures prior to the change of the project on the basis of the most reliable scientific data available and on the most recent results of relevant academic research. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. For changes or extensions that fall below the materiality thresholds established by Member States pursuant to paragraph 1, the competent authority shall confirm within 15 working days that no screening is required. Absence of a reply within this deadline shall constitute confirmation that no screening is required. |
Without a fast-track confirmation for minor changes, developers face uncertainty even for minor modifications. Tacit approval for sub-threshold changes provides the necessary legal certainty.
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The repurposing of existing gas or oil pipelines for the transport of CO2 or hydrogen shall be presumed not to involve major works within the meaning of this Article and shall be subject only to screening. |
Repurposing existing pipeline corridors for CO2 or hydrogen is a low-impact, cost-effective decarbonisation route. Treating it as a minor modification rather than a new project removes an unnecessary barrier, consistent with the existing reference to pipeline repurposing in Article 5(1).
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. This article shall not apply to changes or extensions where the original project has not undergone an environmental assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Where a project is necessary to respond to an emergency situation, including to prevent an imminent threat to human health, public safety, the imperative necessity for the safety of the infrastructure concerned or the integrity of a Natura 2000 site, the Member State concerned may authorise without prior environmental assessment such project, including in or near a Natura 2000 site, provided that the project is strictly necessary, duly justified, limited in scope and duration, and subject to appropriate safeguards. Member States shall ensure that the legal framework applicable to such projects clearly defines, in advance, the conditions under which an emergency may be invoked, the competent governance and decision-making arrangements, the temporal limits of the emergency authorisation, the conditions for terminating the emergency situation, and the obligations applicable after the project has been carried out. Following the completion of such project, the competent authority shall carry out, within a legally established period, a comprehensive ex post assessment of its effects on the Natura 2000 site concerned. Where that assessment identifies significant damage or deterioration, the Member State shall ensure that all necessary remediation, restoration or compensatory measures are taken without delay, in accordance with Article 6(2) of Directive 92/43/EEC. |
Jeannette Baljeu, Christine Singer, Engin Eroglu, Ana Vasconcelos, Ilhan Kyuchyuk, Asger Christensen
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. For modifications of existing lawful projects that by design lead to a net reduction of emissions, including nitrogen emissions or nitrogen deposition, or to a net reduction of another specific source of pressure on a special area of conservation or a special protection area, it shall, in the context of the screening stage under Article 6(3) of Council Directive 92/43/EEC and in view of the conservation objectives of the site concerned, be presumed, with regard only to the emission, deposition or specific source of pressure concerned, that no significant effect on the site is likely, unless objective site-specific evidence indicates otherwise. It shall not affect the requirement to assess any other likely significant effects on the site concerned, including effects on protected habitats, species, hydrology, water quality, disturbance, fragmentation or cumulative effects. |
This amendment addresses the situation where an existing lawful activity is modified in a way that leads to a net reduction in emissions or another specific source of pressure on a Natura 2000 site. In such cases, it should be presumed at screening stage that no significant effect is likely with regard to that specific reduced pressure, unless likely significant effects cannot be excluded on the basis of objective site-specific information. The presumption is carefully limited: the reduction must be sufficiently certain, legally or technically secured, monitorable and relevant in time for the conservation objectives of the site. The amendment explicitly preserves the obligation to assess other possible impacts, including on habitats, species, hydrology, water quality and cumulative effects. This creates a practical incentive for sustainability investments while preventing abuse or paper reductions.
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. In the case of modifications to existing projects which, as planned, will result in a net reduction in emissions or in other sources of pressure affecting special areas of conservation, it is assumed, in the context of the preliminary assessment under Article 6(3) of Council Directive 92/43/EEC, that no significant effects on the site are to be expected, unless objective site-specific evidence suggests otherwise. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. For modifications of existing projects that by design lead to a net reduction of emissions or other sources of pressure on special areas of conservation, it shall, in the context of the screening stage of Article 6(3) of Council Directive 92/43/EEC, be presumed that no significant effect on the site is likely, unless objective site-specific evidence indicates otherwise. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. For modifications of existing projects that by design lead to a net reduction of emissions or other sources of pressure on special areas of conservation, it shall, in the context of the screening stage of Article 6(3) of Council Directive 92/43/EEC, be presumed that no significant effect on the site is likely, unless objective site-specific evidence indicates otherwise. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. Measures that are not included in a management plan within the meaning of Article 6(1) of Directive 92/43/EEC or in a national restoration plan under the Nature Restoration Regulation shall be considered sufficient for the additionality requirement and may therefore be used as project-specific mitigation measures within the meaning of Article 6(3) of Directive 92/43/EEC. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. Measures that are not included in a management plan within the meaning of Article 6(1) of Directive 92/43/EEC, or in a national restoration plan under the Nature Restoration Regulation, shall be presumed to satisfy the additionality requirement and may accordingly be relied upon as project-specific mitigation measures within the meaning of Article 6(3) of Directive 92/43/EEC. |
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Sources & citation
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- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 31 - 229 - Draft report Speeding-up environmental assessments”. Text, 24 June 2026. docId ENVI-AM-790190. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790190 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ENVI-AM-790190 (CC BY 4.0).
BibTeX
@misc{epw-text-envi-am-790190,
author = {{European Parliament}},
title = {{AMENDMENTS 31 - 229 - Draft report Speeding-up environmental assessments}},
year = {2026},
date = {2026-06-24},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790190}},
url = {https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790190},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ENVI-AM-790190. Data: EP Open Data API: document record (CC BY 4.0)}
}