Text · Amendment list
Amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures
Document ITRE-AM-788845 · COM(2025)1007 – 2025/0400(COD)
- Kind
- Amendment list ITRE-AM-788845
- Date
- 27 May 2026
- Committee
- Committee on Industry, Research and Energy
- Dossier
- 2025-0400
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- COM(2025)1007 – 2025/0400(COD)
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Mariateresa Vivaldini, Elena Donazzan, Francesco Torselli, Nicola Procaccini, Alessandro Ciriani, Carlo Ciccioli, Pietro Fiocchi
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, the system operator shall, on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative grid connection point, OR an alternative provisional date for the grid connection. In addition, the system operator may propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. In this latter case, the deadlines referred in paragraph 1 of this Article are extended to XX months. The system operator may reject the connection request only if the proposed solutions are not accepted by the project developer. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, offer simultaneously all of the following options: |
| i) a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944, where technically possible, | |
| ii) an alternative cost-efficient grid connection point that can also include a flexible connection agreement, and | |
| iii) an alternative provisional date for the grid connection without undue delay. |
In addition to strict timelines for small renewable installations, storage, recharging stations and solar on artificial structures, the amendments introduce strict response timelines for system operators for other renewable installations inside and outside renewable acceleration areas, recharging pools and shore-side electricity. Response timelines of system operators are often disproportionately long, speeding up this part of the project is essential for the acceleration of the energy transition. The amendment also tasks the system operator to digitalise the portion of the grid where full connection cannot be granted. The absence of digitalisation and the resulting lack of real time data leads to underutilization and non-optimal use of existing infrastructure. Digitalisation of grids is therefore necessary, in particular those parts of the grid where grid capacity is scarce. Where full connection to the grid cannot be granted, the amendment also tasks the system operator to present three simultaneous options to the developers instead of offering a flexible connection agreement first. This gives developers the choice of the most favourable option for them. Finally, the amendment introduces a right to grid extension for renewables, storage, recharging stations, recharging pools or shore-side electricity, because of their importance for the energy transition and an increased electrification rate.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, or with the consent of the applicant, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. Distribution system opearator is not obliged to provide such a measure in case it may negatively affect stability, reliability and safety of the grid. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, or with the consent of the applicant, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. Distribution system operator is not obliged to provide this measure in case it would negatively affect stability, reliability and safety of the grid. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where grid capacity is insufficient, or where the cumulative connection of generation in the same area would compromise the stability, security or adequacy of the system, refuse, defer or condition the connection in a reasoned decision notified to the project promoter without undue delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity or grid stability concerns, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, the system operator may propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) if applicable where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. |
The amendment introduces a necessary clarification by adding the qualifier “if applicable”, thereby acknowledging that flexible connection agreements are not suitable in all cases. This reflects the technical and regulatory reality that such arrangements depend on specific grid conditions and system capabilities. By avoiding a blanket obligation, the amendment enhances proportionality and provides system operators with the necessary discretion to apply appropriate solutions on a case-by-case basis. This reduces the risk of impractical or suboptimal outcomes that could arise from mandatory application. At the same time, the provision continues to promote the use of flexible connection agreements where feasible, thereby supporting more efficient use of available grid capacity. The amendment therefore strikes a balanced approach between flexibility, technical feasibility and the objective of facilitating timely grid access.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where there is insufficient grid capacity, propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. | (b) where there is insufficient grid capacity, may propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) (c) on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative grid connection point, | |
| (d) on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative provisional date for the grid connection, or (e) in case none of the other solutions listed in this article are possible or a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, reject the connection request. | |
| (e) in case none of the other solutions listed in this article are possible or a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, reject the connection request. |
System operators have a mandate to connect new customers. This is already sufficiently regulated in existing EU legislation. It is important that in no case tacit approval applies to grid connection. The NRAs have the authority to monitor that the System Operators comply with the set time limits for procedure for a grid connection permit.
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) Where available grid capacity does not permit either a standard grid connection referred to in paragraph 2, point a) or a flexible connection agreement referred to in paragraph 2 point b), the grid operator may refuse the connection request. |
This amendment ensures that accelerated grid connection procedures remain compatible with grid safety and system reliability. While grid operators should offer a standard grid connection or, where appropriate, a flexible connection agreement, such connection cannot be granted where no available grid capacity exists. In such cases, allowing the grid operator to refuse the request is necessary to avoid overloading the network, undermining security of supply, or creating unjustified risks for other grid users.
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. System operators shall ensure the transparency and the understanding of the data underpinning their decisions, in accordance with Articles 31(3) and 40(1)(g) of Directive (EU) 2019/944. |
In addition to strict timelines for small renewable installations, storage, recharging stations and solar on artificial structures, the amendments introduce strict response timelines for system operators for other renewable installations inside and outside renewable acceleration areas, recharging pools and shore-side electricity. Response timelines of system operators are often disproportionately long, speeding up this part of the project is essential for the acceleration of the energy transition. The amendment also tasks the system operator to digitalise the portion of the grid where full connection cannot be granted. The absence of digitalisation and the resulting lack of real time data leads to underutilisation and non-optimal use of existing infrastructure. Digitalisation of grids is therefore necessary, in particular those parts of the grid where grid capacity is scarce. Where full connection to the grid cannot be granted, the amendment also tasks the system operator to present three simultaneous options to the developers instead of offering a flexible connection agreement first. This gives developers the choice of the most favourable option for them. Finally, the amendment introduces a right to grid extension for renewables, storage, recharging stations, recharging pools or shore-side electricity, because of their importance for the energy transition and an increased electrification rate.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, the system operator shall, on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative grid connection point, an alternative provisional date for the grid connection, or, if not possible, reject the connection request. | 3. Only where all proposed options in paragraph 2 - letter b are rejected by the project developer, the system operator shall, on justified grounds of safety concerns or technical incompatibility of the system components reject the connect request. |
In addition to strict timelines for small renewable installations, storage, recharging stations and solar on artificial structures, the amendments introduce strict response timelines for system operators for other renewable installations inside and outside renewable acceleration areas, recharging pools and shore-side electricity. Response timelines of system operators are often disproportionately long, speeding up this part of the project is essential for the acceleration of the energy transition. The amendment also tasks the system operator to digitalise the portion of the grid where full connection cannot be granted. The absence of digitalisation and the resulting lack of real time data leads to underutilisation and non-optimal use of existing infrastructure. Digitalisation of grids is therefore necessary, in particular those parts of the grid where grid capacity is scarce. Where full connection to the grid cannot be granted, the amendment also tasks the system operator to present three simultaneous options to the developers instead of offering a flexible connection agreement first. This gives developers the choice of the most favourable option for them. Finally, the amendment introduces a right to grid extension for renewables, storage, recharging stations, recharging pools or shore-side electricity, because of their importance for the energy transition and an increased electrification rate.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, the system operator shall, on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative grid connection point, an alternative provisional date for the grid connection, or, if not possible, reject the connection request. | 3. The system operator may, on justified grounds of safety concerns or technical incompatibility of the system components, offer an alternative grid connection point, an alternative provisional date for requested grid connection with a firm or flexible connection agreement, or, if not possible, reject the connection application |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, the system operator shall, on justified grounds of safety concerns or technical incompatibility of the system components, propose an alternative grid connection point, an alternative provisional date for the grid connection, or, if not possible, reject the connection request. | 3. The system operator may, on justified grounds of safety concerns or technical incompatibility of the system components offer an alternative grid connection point, an alternative provisional date for the requested grid connection with a firm or flexible connection agreement, or, if not possible, reject the connection application |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
Grid connection is not a normal administrative permit. It is a technical and contractual relationship involving capacity, connection charges, safety requirements and financial and other obligations for both sides. Tacit approval is dangerous as it creates legal uncertainty around technical requirements or payment obligations.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
The deletion of the provision introducing tacit approval for grid connections is necessary to safeguard the technical integrity and operational security of the electricity system. Grid connection decisions require complex technical assessments by distribution system operators, including capacity availability, system stability and safety considerations, which cannot be presumed in the absence of an explicit decision. Applying tacit approval in this context would create significant legal and operational risks, as it could lead to connections being deemed granted without proper verification of technical feasibility. This could ultimately undermine grid reliability and lead to subsequent disputes or costly corrective measures. Removing this provision ensures coherence with the technical nature of grid connection procedures and preserves the responsibility of system operators to guarantee safe and reliable network operation. It therefore supports a legally sound and operationally robust framework for grid integration while avoiding unintended risk.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
Mariateresa Vivaldini, Elena Donazzan, Francesco Torselli, Nicola Procaccini, Alessandro Ciriani, Carlo Ciccioli, Pietro Fiocchi
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
Tacit approvals shall not apply to situations in which the DSO grants consent for activities within the protective zone of the distribution system, nor to any other similar statements issued by the DSO concerning its distribution assets.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as refused. |
A connection is a technical decision involving grid stability. Tacit authorisation is unacceptable for electricity grids.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the renewable energy installation, the energy storage or the recharging stations, recharging pools or shore-side electricity does not exceed the available existing capacity of the connection to the distribution grid. |
In addition to strict timelines for small renewable installations, storage, recharging stations and solar on artificial structures, the amendments introduce strict response timelines for system operators for other renewable installations inside and outside renewable acceleration areas, recharging pools and shore-side electricity. Response timelines of system operators are often disproportionately long, speeding up this part of the project is essential for the acceleration of the energy transition. The amendment also tasks the system operator to digitalise the portion of the grid where full connection cannot be granted. The absence of digitalisation and the resulting lack of real time data leads to underutilisation and non-optimal use of existing infrastructure. Digitalisation of grids is therefore necessary, in particular those parts of the grid where grid capacity is scarce. Where full connection to the grid cannot be granted, the amendment also tasks the system operator to present three simultaneous options to the developers instead of offering a flexible connection agreement first. This gives developers the choice of the most favourable option for them. Finally, the amendment introduces a right to grid extension for renewables, storage, recharging stations, recharging pools or shore-side electricity, because of their importance for the energy transition and an increased electrification rate.
Anna Stürgkh, Bart Groothuis, Brigitte van den Berg, Morten Løkkegaard, Christophe Grudler, Sigrid Friis
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | 4. The lack of decision by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid.. | 4. The lack of reply by the distribution system operator within the deadline established in paragraph 1, point (a), shall result in the connection permit being considered as granted, provided that the capacity of the solar energy equipment, the energy storage or the recharging pools does not exceed the available existing capacity of the connection to the distribution grid.. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Where a full grid connection capacity according to paragraph 2 cannot be provided by the system operator, the system operator shall: | |
| i) ensure that within 6 months following the decision not to grant full grid connection according to paragraph 2, the relevant restricted part of the technical system is equipped with appropriate real-time monitoring devices and that a digital twin is available to guarantee maximum utilization of the existing grid infrastructure; and | |
| ii) take all reasonable solutions to improve flexibilisation, optimisation and digitalisation of the grid or reinforce the grid without undue delay, in line with current and anticipated overall demand. | |
| Project developers shall have the right to request repowering and expansion of grids until there is sufficient grid capacity for connection at the closest connection point to the renewable project or at the most cost-efficient point. In case of proven and persisting overall unfeasibility, the system operator may refrain from grid repowering or expansion. |
In addition to strict timelines for small renewable installations, storage, recharging stations and solar on artificial structures, the amendments introduce strict response timelines for system operators for other renewable installations inside and outside renewable acceleration areas, recharging pools and shore-side electricity. Response timelines of system operators are often disproportionately long, speeding up this part of the project is essential for the acceleration of the energy transition. The amendment also tasks the system operator to digitalise the portion of the grid where full connection cannot be granted. The absence of digitalisation and the resulting lack of real time data leads to underutilisation and non-optimal use of existing infrastructure. Digitalisation of grids is therefore necessary, in particular those parts of the grid where grid capacity is scarce. Where full connection to the grid cannot be granted, the amendment also tasks the system operator to present three simultaneous options to the developers instead of offering a flexible connection agreement first. This gives developers the choice of the most favourable option for them. Finally, the amendment introduces a right to grid extension for renewables, storage, recharging stations, recharging pools or shore-side electricity, because of their importance for the energy transition and an increased electrification rate.
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. When performing the procedures for grid connection permits referred to in this Article, Member States shall ensure that competent authorities and system operators give priority, where appropriate, to projects located in areas where sufficient grid capacity already exists or can be delivered in a cost-efficient manner, with a view to minimising overall system costs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Without prejudice to the objective of accelerating the deployment of renewable energy, Member States shall ensure that grid connection procedures and any prioritisation criteria are applied in a non-discriminatory manner, taking into account the need to ensure a cost-efficient and integrated decarbonisation of the energy system, including electrification processes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 b. In Article 20a, second subparagraph of paragraph 3 is deleted. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10 a) Article 19 is amended as follows: | |
| (a) The second paragraph is replaced by the following: | |
| 2. To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources, including gaseous renewable fuels of non-biological origin such as hydrogen, unless Member States decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme. Member States may arrange for guar antees of origin to be issued for energy from non-renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh and include a time stamp of the specific hour of production specifying its validity. Where appropriate, such standard size may be divided to a fraction size, provided that the fraction is a multiple of 1 Wh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced. | |
| (b) The third paragraph is replaced by the following: | |
| 3. For the purposes of paragraph 1, guarantees of origin shall be valid only for accounting of energy consumption taking place within the same hour corresponding to its production, where transactions can be made for 12 months after the production of the relevant energy unit. Member States shall ensure that all guarantees of origin that have not been cancelled expire at the latest 18 months after the production of the energy unit. Member States shall include expired guarantees of origin in the calculation of their residual energy mix. | |
| (c) Point (f) of the seventh paragraph is replaced by the following: | |
| (f) the date, time stamp, congestion zone and country of issue and a unique identification number. |
The current scheme for Guarantees of Origin is based on yearly production and consumption, not providing sufficient information about the actual energy production and use. The issued GOs under the Renewable Energy Directive should instead be valid for the same hour as being produced. Introducing hourly GOs would create a direct price differential between GOs produced during peak renewable generation hours and during low-renewable periods, incentivising demand flexibility, improve grid utilisation without new physical infrastructure, and create a market signal aligned with electricity spot markets.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 Article 6 is amended as follows: | |
| 3a. Within [6 months after entry into force of this Directive] Member States shall establish clear, transparent, and predictable criteria for prioritizing connection requests from projects seeking access to the electricity grid, covering both transmission and distribution networks across all voltage levels, to be adopted and applied by the relevant system operators. Member States shall establish differentiated criteria between projects requesting to connect to the grid to access electricity for consumption, and projects requesting to connect to the grid to feed electricity into the system in the form of generation and storage, among others. a. The criteria for projects requesting to connect to the grid to access electricity for consumption may include, inter alia, quality and demonstrated maturity of the project, contribution to decarbonization, contribution to system flexibility and resilience, and social value. b. The criteria for projects requesting to connect to the grid to feed electricity into the system in the form of generation and storage may include, inter alia, quality and demonstrated maturity of the project, contribution to decarbonisation, contribution to system flexibility, optimization and resilience, public interest and social value. Member States may decide to adopt additional measures with the aim of managing the grid connection queues insofar as these are proportionate and applied in a non-discriminatory manner such as but not limited to reservation fees, progressive commitments, use-it-or-lose-it measures in cases where the project developer significantly diverts or exceeds the previously communicated timeline or purpose of the project. | |
| 3b. The criteria referred in the previous paragraph shall be made publicly available by Member State authorities and applied in a non-discriminatory manner to all connection requests. National Regulatory Authorities shall monitor the application of the established prioritization criteria defined above, and ensure they remain transparent, proportionate and non-discriminatory and adapted to the system needs. They shall publish guidance or decisions, where appropriate, to ensure consistent application by the system operators. |
| Text proposed by the Commission | Amendment |
|---|---|
| -1 (60a) “Injection Capacity” means the maximum electrical power that a connected distributed generation or energy storage facility is contractually permitted to inject into the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 a (60b) “Reserved Injection Capacity” means the injection capacity that has been contractually allocated to a distributed generation or energy storage facility through a concluded connection agreement but is not yet utilized because the distributed generation or energy storage facility has not been commissioned or connected to the distribution system; |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 b (60c) “Actual Injection” means the maximum electrical power that a connected distributed generation or energy storage facility actively injects into the distribution system during operation near real-time; |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 c (60d) “Withdrawal Capacity” means the maximum electrical power that a connected facility of system user is contractually permitted to withdraw from the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 d (60e) “Reserved Withdrawal Capacity” means the withdrawal capacity that has been contractually allocated to a facility of system user through a concluded connection agreement but is not yet utilized because the facility of the system user has not been commissioned or connected to the distribution system; |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| -1 e (60f) “Actual Withdrawal” means the maximum electrical power that a connected facility of system user actively withdraws from the distribution system during operation near real-time. |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) new article 6a is added: | |
| Article 6a | |
| Connection queue management | |
| 1.Member States shall establish transparent, objective and non-discriminatory entry criteria for grid connection requests to be adopted and applied by the relevant system operators. Such criteria shall require applicants to demonstrate, at the time of submission or within a short and clear time limit set by the relevant authority, at least all the following: | |
| (a) exclusive rights over the project site, in the form of ownership, a lease or an option to lease; | |
| (b) submission or validation of an application for planning consent or equivalent permitting step under national law; | |
| Applications that fail to meet entry criteria within the time limit set by the regulatory authority shall not be included in the connection queue and the reserved capacity shall be reallocated. | |
| 2.Member States shall ensure that system operators establish a two-stage framework for the ordering of grid connection requests where grid capacity at a connection point is insufficient to accommodate all pending requests. | |
| In the first stage, system operators shall apply the entry criteria set out in paragraph 1 as a threshold. Only connection requests that satisfy those criteria shall be admitted to the ordered queue. Admission to the queue shall not confer any priority in the ordering of that queue. | |
| In the second stage, connection requests admitted to the ordered queue shall be ranked by the system operator on the basis of the following criteria, all of which shall apply to each connection request and be assessed together by the system operator in determining the ranking order: | |
| (a) the capacity of the asset requesting connection to support system integration, including through energy storage, demand response, the provision of flexibility or ancillary services, the reduction of congestion, or the deferral of network reinforcement needs; hybrid projects such as renewable energy generation with co-located storage or two temporally anti-correlated renewable energy generation behind a single connection point shall be presumed to satisfy this criterion; | |
| (b) the contribution of the project to the national energy and climate plan, including the targets for renewable energy and energy efficiency, as well as national objectives for system flexibility, energy storage deployment and demand response under Article 4(d)(3) of the Governance regulation (2018/1999); | |
| (c) the social and public value of the connection, including renewable energy communities and citizens energy communities or undertaking engaging in benefit sharing, collectively organised consumers, households, and essential public services; | |
| (d) the environmental performance of the connected asset, including its lifecycle greenhouse gas intensity. | |
| Where two or more connection requests rank equally under the criteria set out in this paragraph, the system operator shall prioritise based on the date of submission of the connection request. | |
| By [xxx] National regulatory authorities shall publish methodology applied to assess and rank connection requests under this paragraph, including how the criteria are weighted relative to one another, and shall update that methodology in connection with each update of the national energy and climate plan under Regulation (EU) 2018/1999. | |
| 3. Member States shall require system operators to establish a framework of project development milestones applicable to connection applicants and parties to a connection agreement. The framework shall provide that: | |
| (a) at least three milestones apply between submission of a connection request and commissioning, addressing the progressive completion of the maturity steps required under paragraph 1; | |
| (b) failure to meet a milestone within the applicable period shall result in the loss of the connection offer or the reserved capacity, unless the national regulatory authority grants an extension based on objective and justified grounds; | |
| (c) system operators may require financial securities from connection applicants proportionate to the capacity reserved, to be forfeited upon failure to meet milestones; and | |
| (d) system operators conduct regular, at least annual reviews of the connection queue and remove applications that have failed to meet applicable milestones or entry criteria. | |
| System operators shall apply the milestone framework established under this paragraph proportionately having regard to the scale, governance structure and financing model of the applicant, and shall establish adapted milestone timelines and evidence requirements for energy communities, renewable self-consumers, and small-scale projects. | |
| 4. Member States shall ensure the connection queue management framework established under this Article applies to all pending connection requests for which a binding connection offer has not yet been accepted, by [18] months of the entry into force of the Permitting Directive, in accordance with the following: | |
| (a) For connection requests submitted after the date of entry into force of the Permitting Directive the full framework including the cumulative ordering criteria set out in paragraph 2 shall apply from that date. | |
| (b) For connection requests submitted before the date of entry into force of the Permitting Directive and for which a binding connection offer has not yet been accepted, system operators shall, within [18] months, determine whether the project meets the entry criteria set out in paragraph 1 and whether the connected asset would contribute to the system integration needs identified in the Member State's national energy and climate plan, in particular its targets for renewable energy, storage and demand response. Connection requests that fail this assessment shall lose their queue position and the reserved capacity reallocated. Connection requests that pass this assessment shall retain their relative queue position as established at the date of entry into force of this Article, and shall not be subject to the cumulative ranking criteria of paragraph 2 unless the applicant requests reassessment. | |
| National Regulatory Authorities shall publish, within [6] months of the entry into force of the Permitting Directive, a roadmap for the conduct of the binary strategic alignment assessment referred to in par 4 point(b), including the criteria to be applied, the timeline, and the procedure for applicants to submit evidence of alignment4aNational Regulatory authorities shall monitor the application of the connection criteria of this article, and ensure they remain transparent, proportionate and non-discriminatory and adapted to the system needs. They shall publish guidance or decisions, where appropriate, to ensure consistent application by the system operators. | |
| ACER shall publish a report on the implementation of this Article across Member States by [31 December 2029], including an assessment of whether it has been sufficient to clear speculative and immature applications from existing queues, and whether further harmonisation is needed. |
The Commission's Guidance (C/2025/6703) clarified that Article 6 of Directive (EU) 2019/944 does not require first-come, first-served ordering and recommended alternatives including first-ready, first-served and milestone-based queue management. However, guidance creates no enforceable obligations, leaving Member States full discretion and producing regulatory fragmentation that undermines the Grids Package objectives and ultimately the achievement of Union's energy targets. With grid connection queues affecting at least 16 Member States, and with speculative applications blocking viable renewable projects from timely connection, a binding legislative response is necessary. Enshrining the principles of the Commission's own Guidance in binding legislative text is therefore necessary and proportionate to achieve the objectives of the Grids Package in accordance with Article 194 TFEU.
Bruno Tobback, Dario Tamburrano, Giorgio Gori, Jens Geier, Seán Kelly, Dan Nica, Nicolás González Casares
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) Article 6 is amended as follows: | |
| 3a. Within [6 months after entry into force of this Directive] Member States shall establish clear, transparent, and predictable criteria for prioritizing connection requests from projects seeking access to the electricity grid, covering both transmission and distribution networks across all voltage levels, to be adopted and applied by the relevant system operators. Member States shall establish differentiated criteria between projects requesting to connect to the grid to access electricity for consumption, and projects requesting to connect to the grid to feed electricity into the system in the form of generation and storage, among others. a. The criteria for projects requesting to connect to the grid to access electricity for consumption may include, inter alia, quality and demonstrated maturity of the project, contribution to decarbonization, contribution to system flexibility and resilience, and social value. b. The criteria for projects requesting to connect to the grid to feed electricity into the system in the form of generation and storage may include, inter alia, quality and demonstrated maturity of the project, contribution to decarbonisation, contribution to system flexibility, optimization and resilience, public interest and social value. Member States may decide to adopt additional measures with the aim of managing the grid connection queues insofar as these are proportionate and applied in a non-discriminatory manner such as but not limited to reservation fees, progressive commitments, use-it-or-lose-it measures in cases where the project developer significantly diverts or exceeds the previously communicated timeline or purpose of the project. | |
| 3b. The criteria referred in the previous paragraph shall be made publicly available by Member State authorities and applied in a non-discriminatory manner to all connection requests. National Regulatory Authorities shall monitor the application of the established prioritization criteria defined above, and ensure they remain transparent, proportionate and non-discriminatory and adapted to the system needs. They shall publish guidance or decisions, where appropriate, to ensure consistent application by the system operators. |
| Text proposed by the Commission | Amendment |
|---|---|
| (60a) “Injection Capacity” means the maximum electrical power that a connected distributed generation or energy storage facility is contractually permitted to inject into the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (60b) “Reserved Injection Capacity” means the injection capacity that has been contractually allocated to a distributed generation or energy storage facility through a concluded connection agreement but is not yet utilized because the distributed generation or energy storage facility has not been commissioned or connected to the distribution system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (60c) “Actual Injection” means the maximum electrical power that a connected distributed generation or energy storage facility actively injects into the distribution system during operation near real-time; |
| Text proposed by the Commission | Amendment |
|---|---|
| (60d) “Withdrawal Capacity” means the maximum electrical power that a connected facility of system user is contractually permitted to withdraw from the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (60e) “Reserved Withdrawal Capacity” means the withdrawal capacity that has been contractually allocated to a facility of system user through a concluded connection agreement but is not yet utilized because the facility of the system user has not been commissioned or connected to the distribution system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (60f) “Actual Withdrawal” means the maximum electrical power that a connected facility of system user actively withdraws from the distribution system during operation near real-time. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction, operation, refurbishment, modernization, repowering, or expansion of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. |
This clarification promotes consistency and efficient use of existing assets, thereby supporting the timely development of the electricity system as a whole.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction, operation, refurbishment, modernisation, repowering or expansion of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction, operation, refurbishment, modernisation, repowering or expansion of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. |
The amendment clarifies that permitting frameworks must cover not only the construction and operation of infrastructure, but also its refurbishment, modernisation, repowering and expansion. This reflects the practical needs of the energy transition, where upgrading and adapting existing infrastructure is as important as developing new capacity. By explicitly including these activities, the amendment enhances legal certainty and ensures that all relevant project types benefit from streamlined and coordinated permitting procedures. This avoids regulatory gaps that could otherwise delay essential investments in grid and generation infrastructure. The clarification supports a more efficient use of existing assets, facilitates system integration and strengthens the overall effectiveness of the permitting framework, while remaining fully consistent with existing Union law.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member State, regional governments, or any competent authority they designate, shall grant such authorisation in accordance with paragraphs 2 to 14. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of electricity and for wholesale customers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) establish objective and non-discriminatory criteria, along with transparent procedures, which must be satisfied by any undertaking seeking authorisation to construct and/or operate new generating capacity, as well as transmission or distribution system infrastructure. | (a) establish objective, transparent and non-discriminatory criteria, along with transparent procedures, which must be satisfied by any undertaking seeking authorisation to construct and/or operate new generating capacity, as well as transmission or distribution system infrastructure. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) make public the criteria and procedures for granting authorisations; | (b) make public the criteria and procedures for granting authorisations and their updates; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity and renewable energy sources, where appropriate; | (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity, energy efficiency, demand response solutions, energy storage and renewable energy sources as well as for achieving climate neutrality, especially when located in renewables acceleration areas pursuant to Article 15c; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity and renewable energy sources, where appropriate; | (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity and renewable energy sources, for the electrification of the economy and for the achievement of the Union's climate-neutrality objective set out in Regulation (EU) 2021/1119 , where appropriate; |
Article 8 of Directive (EU) 2019/944 governs authorisation procedures for all electricity generation capacity and grid infrastructure, regardless of technology. The acceleration of permitting pursues broader objectives than the deployment of renewables alone, namely security of supply, affordability and the electrification of industry, transport and heating, all of which are central to the Union's climate-neutrality objective.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity and renewable energy sources, where appropriate; | (c) ensure that authorisation procedures for such generation capacity, and infrastructure, or associated equipment, take into account the importance of the project for the internal markets for electricity and energy sources, where appropriate; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) ensure the existence of specific, simplified and streamlined authorisation procedures for small decentralised and/or distributed generation and distribution system infrastructure, taking into account their limited size and potential impact; | (e) ensure the existence of specific, simplified and streamlined authorisation procedures for small decentralised and/or distributed generation and distribution system infrastructure, including storage, district heating networks and grid-supportive cogeneration, as well as hybrid systems, optimally combining technologies at distributed level taking into account their limited size and potential impact; |
| (This Amendment applies in Article 8 new paragraph 2 e) |
Storage, district heating networks, grid-supportive cogeneration and hybrid systems are essential components of the energy transition at the distribution level. Together, they provide flexibility, reduce peak loads, improve security of supply and enable a more efficient use of existing grid infrastructure.By combining renewable generation with storage, heat networks and other flexible technologies, hybrid systems can reduce the need for costly grid expansion and accelerate decarbonisation in the electricity, heating and industrial sectors. Simplified authorisation procedures are therefore necessary to unlock these benefits and speed up investment.
| Text proposed by the Commission | Amendment |
|---|---|
| (e) ensure the existence of specific, simplified and streamlined authorisation procedures for small decentralised and/or distributed generation and distribution system infrastructure, taking into account their limited size and potential impact; | (e) ensure the existence of specific, simplified and streamlined authorisation procedures for small decentralised and/or distributed generation, including renewable energy communities, citizens energy communities and energy sharing, and distribution system infrastructure, taking into account their limited size and potential impact; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) ensure that all decisions are made publicly available; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (h) ensure applicants are informed of the reasons for any refusal to grant an authorisation. That these reasons are objective, non-discriminatory, well-founded and duly substantiated, and that appeal procedures are made available to applicants; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Member States may use revenues from the EU Emissions Trading System (EU ETS) to support additional necessary administrative and staffing capacity for permitting related to renewable energy deployment and electricity projects. The mechanism shall be set up without prejudice to the organisation of Member States administrative structures and the allocation of competences under national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. When laying down and applying the criteria and procedures for authorisations referred to in paragraph 2, Member States shall ensure that the permit-granting procedures take due account of cumulative effects on rural communities, land use, local infrastructure and territorial cohesion. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure consistency of the system of authorisation for transmission and distribution system infrastructure with the distribution network development plan and the transmission ten-year network development plan adopted pursuant to Articles 32 and 51; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure consistency of the system of authorisation for transmission and distribution system infrastructure with the distribution network development plan and the transmission ten-year network development plan adopted pursuant to Articles 32 and 51; | (a) ensure consistency of the system of authorisation for transmission and distribution system infrastructure with the distribution network development plan and the transmission ten-year network development plan adopted pursuant to Articles 32 and 40a; |
Technical adjustment. Article 51 is replaced by 40a via this amending Directive, so it needs to be reflected
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including those of all relevant procedures of competent authorities, are conducted within reasonable deadlines determined by the Member State, taking into account the technical complexity of the project, its systemic impact on the electricity system and any specific legal or territorial constraints. Member States may set indicative deadlines and adjust them in a reasoned decision where the nature of the project so requires; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed one year for distribution system infrastructure, two years for transmission system infrastructure except when duly justified on the grounds for extraordinary circumstances, where they may be extended by up to six months for distribution system infrastructure and by up to one year for transmission system infrastructure. |
The amendment introduces more ambitious but still realistic timelines for authorisation procedures, thereby strengthening the objective of accelerating infrastructure deployment. Experience has shown that overly long deadlines risk reducing the incentive for timely decision-making and can delay urgently needed investments. At the same time, the amendment preserves sufficient flexibility by allowing for limited extensions in duly justified exceptional circumstances. By reducing the maximum extension period, it ensures that such exceptions remain proportionate and do not become the rule. This balanced approach enhances legal certainty, improves administrative efficiency and supports faster implementation, while ensuring that competent authorities retain the necessary capacity to carry out proper assessments in line with Union law.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, including change of land status procedure, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed eighteen months except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to six months; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed eighteen months except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to six months; |
Shorter permitting deadlines improve predictability and incentivise a more efficient organisation of administrative procedures, while remaining compatible with existing planning and consultation processes.
A maximum duration of eighteen months, with a limited extension in duly justified cases, maintains sufficient flexibility for complex assessments while reducing unnecessary delays and supporting the timely delivery of network infrastructure needed for the energy transition.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed one years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed two years except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; | (b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed one year except when duly justified on the grounds of extraordinary circumstances, where they may be extended by up to one year; |
With electrification fast under way, we must be more ambitious. A maximum of three year permitting process is simply too long. The rule should be one year with the possibility of one additional year.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that the lack of reply by the competent national authorities or entities within the deadline established in point b results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that the lack of reply by the competent national authorities or entities within the deadline established in point b results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned; | deleted |
Tacit approval would result in the absence of explicit permitting conditions. This would create significant and undesirable legal uncertainties for the project promoter. Decisions made through tacit approval would not be upheld in a court of law if challenged on appeal, which would compel the operator to reapply for a permit for their project. This would increase the administrative burden and de facto slow down the processing of permit applications, which would be contrary to the objectives of the proposed legislation.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that the lack of reply by the competent national authorities or entities within the deadline established in point b results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned; | deleted |
The deletion of the provision introducing tacit approval for large-scale electricity grid projects is necessary to ensure legal certainty and safeguard the proper functioning of the permitting framework. While tacit approval can be an effective tool in limited and low-risk contexts, it is not suitable for complex infrastructure projects with significant technical, environmental and cross-border implications. Electricity grid projects often affect multiple stakeholders, including third-party rights, and require comprehensive assessments to ensure system stability, safety and compliance with Union law. Applying tacit approval in such cases could result in approvals without adequate scrutiny, increasing the risk of legal challenges and project delays. Removing this provision therefore prevents unintended legal and operational risks and ensures that decisions are based on explicit and properly assessed authorisations. This contributes to a more robust, legally sound and predictable framework for the development of critical energy infrastructure.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that the lack of reply by the competent national authorities or entities within the deadline established in point b results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure that the lack of reply by the competent national authorities or entities within the deadline established in point b results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned; | (c) ensure that, where the principle of administrative tacit approval exists in the national legal system of the Member State concerned, the lack of reply by competent national authorities or entities within the deadline established in point (b) may result in specific administrative steps being considered as approved, except for environmental decisions, decisions affecting third-party rights, and decisions requiring an individual technical or safety assessment; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the publication of final decisions includes decision granted tacitly following the lack of reply by the relevant competent authorities or entities; | deleted |
The deletion of the requirement to publish tacitly granted decisions follows from the removal of tacit approval mechanisms in this context. Maintaining such a provision would create unnecessary legal complexity and could lead to inconsistencies in the permitting framework. Moreover, publishing decisions deemed to be granted in the absence of an explicit administrative act may create legal uncertainty, particularly with regard to the exact scope and conditions of such decisions. This could increase the risk of disputes and undermine transparency in practice. Removing this provision ensures that only explicitly adopted and duly reasoned decisions are subject to publication requirements, thereby strengthening legal clarity, accountability and the robustness of the permitting process.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the publication of final decisions includes decision granted tacitly following the lack of reply by the relevant competent authorities or entities; | (d) ensure the publication of final decisions; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of renewable energy resources, as well as for achieving climate and energy targets and the objective of climate neutrality. | (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of renewable energy resources, as well as for achieving climate and energy targets and the objective of climate neutrality. Therefore, such authorisation procedures shall be given priority over other authorisation procedures in processing by the responsible authority. |
| Text proposed by the Commission | Amendment |
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| (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of renewable energy resources, as well as for achieving climate and energy targets and the objective of climate neutrality. | (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of renewable energy resources, for system stability, adequacy and security of supply as well as for achieving the objective of climate neutrality. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of renewable energy resources, as well as for achieving climate and energy targets and the objective of climate neutrality. | (e) ensure that the authorisation of transmission or distribution system infrastructure is regarded as essential for the integration of energy resources, system stability, adequacy and security of supply. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall establish or designate one or more contact points for transmission or distribution system operators. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. | Member States shall establish or designate one or more contact points for transmission or distribution system operators at the appropriate level of authority, including national, regional or local level, depending on the administrative competence for the project concerned. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. Where competences lie at regional or local level, Member States shall ensure that the designated contact point is established at that level or effectively linked to it. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall establish or designate one or more contact points for transmission or distribution system operators. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. | Member States shall establish or designate one or more contact points for transmission or distribution system operators, taking into account national and regional administrative structures and existing well-functioning digital portals. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. Procedures for grid connection shall not be covered by this paragraph. |
The single point of contact and digital portal should reflect national and regional administrative structures and remain interoperable with existing well-functioning systems. Grid connections should be excluded, as they are not administrative permits but contractual and technical processes between the system operator and the connecting customer.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall establish or designate one or more contact points for transmission or distribution system operators. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. | Member States may establish or designate one or more contact points for transmission or distribution system operators. Those contact points shall, upon the applicant’s request and free of charge, provide guidance to the applicant and facilitate the entire authorisation procedure for the activities referred to in paragraph 1, up to the final decision by the responsible authorities. The applicant shall not be required to contact more than one contact point for the entire process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union environmental and energy law, including Directive (EU) 2018/2001, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. | 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union environmental and energy law, including Directive (EU) 2018/2001, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. Member States shall ensure that judicial appeal and review procedures are treated as priority cases and conducted in an expedited manner, and that final decisions are delivered within the shortest possible timeframe. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union environmental and energy law, including Directive (EU) 2018/2001, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. | 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union environmental and energy law, including Directive (EU) 2018/2001, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. | 6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union energy law, including Directive (EU) 2018/2001, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals and remedies, and may be extended for the duration of such procedures. |
The amendment clarifies the scope of the time limits by ensuring that they apply without prejudice to obligations under Union energy law, while avoiding unnecessary overlap with environmental legislation already governed by distinct procedural requirements. This enhances legal clarity and prevents conflicting interpretations in the application of deadlines. By explicitly linking the provision to energy law obligations, the amendment ensures a more precise and coherent legal framework, while fully respecting existing environmental safeguards under Union law. It avoids duplicative references that could create ambiguity regarding the hierarchy and interaction of legal obligations. At the same time, the amendment preserves the integrity of judicial and administrative remedies by maintaining the possibility to extend deadlines where proceedings are ongoing. This ensures a balanced approach between procedural acceleration and the protection of legal rights.
| Text proposed by the Commission | Amendment |
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| 6 a. Projects covered by this Article shall be treated as priority cases in administrative and judicial proceedings. |
| Text proposed by the Commission | Amendment |
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| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. |
Referring to the proposal to delete Article 16f of Directive (EU) 2018/2001, the sentence restricting the presumption of overriding public interest should likewise be deleted to avoid limiting and fragmenting permitting acceleration across the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. The development of transmission and distribution system infrastructure shall take precedence over the development of other competing projects of overriding public interest. |
Considering the need for urgent electrification, transmission and distribution networks must be the first choice in projects of overriding public interest.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction, operation, refurbishment, modernisation, repowering or expansion of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. |
The amendment clarifies the scope of grid infrastructure activities covered by the presumption of overriding public interest. It ensures that the presumption applies not only to planning and construction, but also to operation, refurbishment, modernisation, repowering and expansion of transmission and distribution system infrastructure. This reflects the practical reality that achieving climate neutrality and ensuring security of supply require not only new grid infrastructure, but also the effective upgrading, reinforcement and continued operation of existing networks. The amendment is limited to clarifying the activities covered and does not alter the applicable case-by-case assessment or the relevant environmental safeguards under Union law.
Mariateresa Vivaldini, Elena Donazzan, Francesco Torselli, Nicola Procaccini, Alessandro Ciriani, Carlo Ciccioli, Pietro Fiocchi
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure including the refurbishment, modernization, repowering and operations of existing grid infrastructure, are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
The presumption of OPI for Grids should also apply to the refurbishment, modernization, repowering and operations of existing grid infrastructure, and not only to newly-built grids
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Member States may presume, in a case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure, as well as the refurbishment, modernization, repowering and operations of existing grid infrastructure |
| as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Member States may, in accordance with their national law and on a case-by-case basis, recognise an overriding public interest in the planning, construction and operation of transmission and distribution grid infrastructure where such infrastructure is necessary for the security of supply of the Member State concerned and is consistent with its national energy mix. Such recognition shall not exempt the project from a specific assessment of its effects on the stability of the electricity system, network congestion, security of supply, cultural heritage, public security, defence, civil protection and the integrity of critical infrastructure in the Member States concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction, refurbishment, modernization, repowering, expansion and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
Anna Stürgkh, Martin Hojsík, Bart Groothuis, Brigitte van den Berg, Morten Løkkegaard, Andreas Glück, Barry Andrews, Christophe Grudler, Sigrid Friis
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction, refurbishment, modernisation, repowering and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, Member States, including judicial authorities, shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that those projects are also given priority when balancing legal interests other than those referred to in this paragraph with the exception of cultural heritage on the basis of legal criteria to ensure harmonized implementation. | deleted |
The deletion of the exception for cultural heritage ensures a consistent and coherent application of the overriding public interest principle. Introducing specific carve-outs for individual policy areas risks fragmenting the legal framework and undermining the effectiveness of prioritisation in permitting procedures. While the protection of cultural heritage remains an important objective, it should be addressed within the established assessment and balancing mechanisms under Union and national law, rather than through a categorical exemption. Such an exemption could lead to disproportionate restrictions and create legal uncertainty in the application of the provision. Removing the exception therefore strengthens legal clarity and ensures that all relevant interests are assessed in a balanced and case-specific manner. It contributes to a more predictable and effective permitting framework, supporting the timely deployment of energy infrastructure while maintaining appropriate safeguards.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may exempt in particular the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided that: |
| (a) the project is carried out within the same or a functionally connected site, and | |
| (b) any additional land use is limited to what is strictly necessary for the technical and functional requirements of the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, and | |
| (c) complies with the applicable environmental mitigation measures established for the original energy infrastructure. In cases where a screening process, determination or an environmental impact assessment is required, it shall be limited to the potential impact arising from a change or extension compared to the original project. |
The amendment establishes a proportionate framework for the refurbishment, modernisation and repowering of existing transmission and distribution infrastructure. As such projects generally have limited additional environmental impacts compared to new infrastructure, permitting and assessment requirements should focus only on the changes introduced by the modification or extension. This improves procedural efficiency and legal clarity while maintaining appropriate environmental safeguards under Union law.
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure, address renewable energy connection backlogs, support land electrification plans, ensure security of supply, and relieve network congestion, including controllable generation and storage to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, repowering, reconductoring or expansion of existing transmission and distribution system infrastructure, including the deployment of grid enhancing technologies, digitalization and low-voltage reinforcement, provided it complies with the applicable environmental mitigation measures established for the original installation, from: |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, irrespective of whether an environmental impact assessment or other environmental assessments were required or carried out at the time of the original establishment of that infrastructure under the applicable Union or national law, from: |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure, address energy connection backlogs, support land electrification plans, ensure security of supply, and relieve network congestion, including controllable generation and storage to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it complies with the applicable environmental mitigation measures established for the original installation, from: |
Adding explicit references to addressing renewable energy connection backlogs, supporting electrification plans, ensuring security of supply, and relieving network congestion strengthens the legal basis for granting exemptions and reflects the urgent practical priorities of the EU energy transition. Including these criteria in the text provides clarity for competent authorities, and ensures consistent application across Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | By way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States may allow competent authority, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure, to exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: |
Anna Stürgkh, Bart Groothuis, Brigitte van den Berg, Morten Løkkegaard, Andreas Glück, Barry Andrews, Christophe Grudler
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority shall exempt the refurbishment, modernisation, or repowering of existing electricity transmission and electricity distribution system infrastructure, provided it does not entail the use of significant additional space, except the temporary space needed for works, and complies with the applicable environmental mitigation measures established for the original installation, from: |
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it complies with the applicable environmental mitigation measures established for the original installation, from: |
The exemption from EIA should better reflect real grid renewal projects. In practice, 400 kV upgrades often require some widening of existing corridors, especially older lines. Limiting flexibility only to cases with no additional space would reduce its usefulness. The wording should allow exemptions where the use of additional space is not significant, supporting faster permitting without weakening safeguards.
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and 4(2) of Directive 2011/92/EU and and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) an assessment of their implications for Natura 2000 sites pursuant to Article 6(3) of Directive 92/43/EEC; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Those exemptions shall not apply to the refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, or associated equipment, which are likely to have significant effects on the environment in another Member State, in accordance with Article 7 of Directive 2011/92/EU. | Those exemptions shall not apply to the refurbishment, modernisation, repowering or expansion of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, or associated equipment, which are likely to have significant effects on the environment in another Member State, in accordance with Article 7 of Directive 2011/92/EU. |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall restrict the application of this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. | Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment and to the refurbishment, modernization, repowering and operations of existing grid infrastructure, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. |
| Text proposed by the Commission | Amendment |
|---|---|
| Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. | Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment, including the deployment of grid enhancing technologies, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. |
| Text proposed by the Commission | Amendment |
|---|---|
| Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. | Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new transmission and distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. |
| Text proposed by the Commission | Amendment |
|---|---|
| Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. | Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new transmission and distribution infrastructure or associated equipment, provided that the relevant project has undergone a screening in accordance with Directive with Article 4(2) of Directive 2011/92/EC whereby the competent national authority has ascertained that the project is not likely to have a significant environmental impact, notably in view of the particularities of the area in which the project is deployed, such as urban and densely built areas. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the screening referred to in the first subparagraph identifies a likely significant environmental impact, the competent authority shall inform the project developer within 45 days from the application that an assessment referred to in points (a), (b) and (c) of paragraph 9 is required. | Where the screening referred to in the first subparagraph identifies a likely significant environmental impact, the competent authority shall inform the project developer within 30 days from the application that an assessment referred to in points (a), (b) and (c) of paragraph 9 is required. |
The amendment shortens the deadline for informing the project developer of the need for an environmental assessment, thereby strengthening procedural efficiency and predictability. Early clarification of assessment requirements is essential to avoid delays at later stages of the permitting process. Reducing the timeframe ensures that project developers receive timely guidance, allowing them to adapt their applications accordingly and proceed without unnecessary interruption. This contributes to a more streamlined and transparent permitting procedure.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall restrict the application of this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | deleted |
The introduction of targeted exemptions and simplified procedures for distribution grid projects is welcomed, given their essential role in enabling the energy transition. However, due to their linear nature, such infrastructure frequently intersects with Natura 2000 sites and other protected areas. Maintaining a blanket restriction in this context would significantly limit the practical applicability of the provision. Deleting the final sentence is therefore necessary to ensure that the measure remains effective and can deliver meaningful acceleration in grid deployment,
| Text proposed by the Commission | Amendment |
|---|---|
| 10 a. Member States may also apply the exemptions referred to in paragraph 9 to transmission and distribution infrastructure projects included in network development plans where a strategic environmental assessment has been applied pursuant to Directive 2001/42/EC, provided that the project remains within the parameters assessed in that plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11 a. When competent authorities assess whether the planning, construction and operation of transmission and distribution system infrastructure is expected to cause deterioration of a body of surface or groundwater, they shall do so in accordance with Article 4(1) of Directive 2000/60/EC. The application of Article 4(7a) of that Directive shall remain limited to negative impacts on water bodies that are temporary and reversible, provided that all practicable mitigation measures are taken and that the achievement of good ecological status, good ecological potential or good groundwater status of the affected water body is not permanently precluded. |
| Text proposed by the Commission | Amendment |
|---|---|
| 11 a. When competent authorities assess whether the planning, construction and operation of transmission and distribution system infrastructure is expected to cause deterioration of a body of surface or groundwater under Directive 2000/60/EC, they shall take into consideration the fact that those projects are usually unlikely to result in such deterioration and thus impacts can be presumed to be neglected and projects may shall be exempted from the assessments under Article 4(1) of Directive 2000/60/EC |
Building on the Rapporteur’s draft report, the proposed exemption for grid projects under the Water Framework Directive is welcomed. However, the requirement for mitigation measures to be an 'inherent component' should be deleted. Deleting this phrase ensures that mitigation remains targeted and proportionate.
| Text proposed by the Commission | Amendment |
|---|---|
| 12. An environmental impact assessment in accordance with Directive 2011/92/EU, and, where applicable, an appropriate assessment under Directive 92/43/EEC, for a project for the extension, refurbishment, modernisation or repowering of existing transmission or distribution system infrastructure, shall be limited to evaluating the potential impact arising from the changes or extensions compared to the original transmission or distribution system infrastructure. | 12. An environmental impact assessment in accordance with Directive 2011/92/EU, and, where applicable, an appropriate assessment under Directive 92/43/EEC, for a project for the extension, refurbishment, optimisation, reconductoring, modernisation, or repowering of existing transmission or distribution system infrastructure, including the deployment of grid enhancing technologies, shall be limited to evaluating the potential impact arising from the changes or extensions compared to the original transmission or distribution system infrastructure. |
| Text proposed by the Commission | Amendment |
|---|---|
| Those platforms shall provide access to the relevant environmental and geological data and decisions available in the central online portal referred to in Article 10(3) of Regulation [xxxxx] of the European Parliament and of the Council.; | Those platforms shall in a manner that safeguards business secrets and complies with Union and national data protection requirements provide access to the relevant environmental and geological data and decisions available in the central online portal referred to in Article 10(3) of Regulation [xxxxx] of the European Parliament and of the Council.; |
| Text proposed by the Commission | Amendment |
|---|---|
| a) f new | |
| ensure that connection requests from industrial and commercial enterprises which switching their energy on the whole or partly to electricity are given priority in grid planning and connection prioritisation; |
The decarbonisation of industry requires accelerated access to renewable electricity. Direct connections enable the procurement of renewable energy in a market-driven manner that relieves pressure on the grid, without bureaucratic hurdles. Power-to-heat in district heating networks is one of the most cost-effective flexibility options and can absorb significant amounts of surplus renewable energy. Consistently aligning grid planning with the demand side, rather than focusing solely on feed-in optimisation, reduces curtailment and the need for grid expansion. Combination requirements (PV + wind + battery, supplemented by power-to-heat and electrolysis) significantly increase system efficiency.
| Text proposed by the Commission | Amendment |
|---|---|
| b) g new | |
| permit and approve direct lines from renewable energy installations to end users on non-discriminatory basis, provided that minimum technical requirements are met; |
The decarbonisation of industry requires accelerated access to renewable electricity. Direct connections enable the procurement of renewable energy in a market-driven manner that relieves pressure on the grid, without bureaucratic hurdles. Power-to-heat in district heating networks is one of the most cost-effective flexibility options and can absorb significant amounts of surplus renewable energy. Consistently aligning grid planning with the demand side, rather than focusing solely on feed-in optimisation, reduces curtailment and the need for grid expansion. Combination requirements (PV + wind + battery, supplemented by power-to-heat and electrolysis) significantly increase system efficiency.
| Text proposed by the Commission | Amendment |
|---|---|
| c) h new | |
| ensure that distribution system operators can meet the n-1 requirement not only through stationary battery storage systems but also through black-start-capable combined heat and power (CHP) plants, provided that their cost-effectiveness is demonstrated on a case-by-case basis. The costs incurred may be passed on via grid tariffs |
The decarbonisation of industry requires accelerated access to renewable electricity. Direct connections enable the procurement of renewable energy in a market-driven manner that relieves pressure on the grid, without bureaucratic hurdles. Power-to-heat in district heating networks is one of the most cost-effective flexibility options and can absorb significant amounts of surplus renewable energy. Consistently aligning grid planning with the demand side, rather than focusing solely on feed-in optimisation, reduces curtailment and the need for grid expansion. Combination requirements (PV + wind + battery, supplemented by power-to-heat and electrolysis) significantly increase system efficiency.
| Text proposed by the Commission | Amendment |
|---|---|
| d) i new | |
| ensure that distribution system operators can meet the n-1 requirement not only through stationary battery storage systems but also through black-start-capable combined heat and power (CHP) plants, provided that their cost-effectiveness is demonstrated on a case-by-case basis. The costs incurred may be passed on via grid tariffs. |
Large-scale power cuts (blackouts) are among the most serious infrastructure incidents, and there is evidence that the risk of sabotage is increasing; moreover, such incidents cannot be entirely prevented. Black-start-capable CHP plants can start up without an external power supply and thus establish island grids that are gradually synchronised with the main grid. This contribution to grid resilience is currently scarcely reflected in regulations. At the same time, periods of low wind and sunshine – longer periods with little wind and sun – are gaining significance in energy policy. CHP plants, which generate both electricity and heat simultaneously, provide an efficient means of balancing the system in such situations. The option of passing on the grid protection costs of black-start-capable CHP plants to grid tariffs – analogous to the existing regulation for battery storage (see Amendment 1) – creates a fair and technology-neutral regulatory framework for decentralised resilience components.
| Text proposed by the Commission | Amendment |
|---|---|
| (1 a) 6 new | |
| Member States may exempt operators of electrolysis plants, which use electricity from renewable energy sources and which inject the RFNBO hydrogen produced into a public hydrogen network or supply it to public services such as public transport, from network charges related to such electricity consumption for a defined period not exceeding ten years. | |
| (This Amendments applies in Article 36) |
This opportunity shall apply exclusively to electrolysis plants that inject RFNBO hydrogen produced from renewable energy sources into a public hydrogen network or make such hydrogen available for public services such as public transport and shall not apply where the hydrogen is not RFNBO compatible or it is supplied directly to downstream industrial or commercial end‑users.
Member States may consider such a measure as a time‑limited support instrument facilitating the market ramp‑up during an initial deployment phase.
| Present text | Amendment |
|---|---|
| (1 a) Article 6 paragraph 2 is replaced by the following: | |
| The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities of those Member States, shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. The regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission system operator or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points has been denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information. | "The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities of those Member States, shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure, promoting, wherever possible, the use of extrajudicial dispute resolution remedies. The regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission system operator or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points has been denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information." |
| Text proposed by the Commission | Amendment |
|---|---|
| Absence of alternative or satisfactory solutions and implementation of compensatory measures for the purpose of Article 6(4) of Directive 92/43/EEC | Absence of alternative or satisfactory solutions and implementation of compensatory measures |
The amendment removes an unnecessary and overly specific reference, thereby simplifying the provision and improving its legal clarity. Maintaining a direct link to a specific procedural context risks limiting the flexibility of application and may lead to interpretative constraints.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When assessing whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist for the purposes of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled where there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, in terms of the development of the same capacity through the same technology within the same or similar timeframe and without resulting in significantly higher costs. | 1. When assessing whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist for the purposes of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled where there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, in terms of the development of the same capacity through the same technology within the same or similar timeframe and without resulting in significantly higher costs. Member States may include additional and differing provisions in their national law to guide the alternatives assessment. |
| (This amendment Applies in Article 8a - paragraph 14) |
Similarly to Article 16g (1) RED III it could be effective to add a clause to explicitly allow Member States to limit alternative assessments to make the provisions more effective.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When assessing whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist for the purposes of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled where there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, in terms of the development of the same capacity through the same technology within the same or similar timeframe and without resulting in significantly higher costs. | 1. When assessing whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist for the purposes of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled where there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, in terms of the development of the same capacity through the same technology within the same or similar timeframe and without resulting in significantly higher costs. Member States may include additional and differing provisions in their national law to guide the alternatives assessment. |
The amendment aligns with Article 16g(1) of RED III (see above) and aims to provide greater legal clarity by explicitly allowing Member States to limit the scope of alternative assessments. Without such clarification, there is a risk that permitting procedures become unnecessarily complex and burdensome. In particular, overly broad requirements to assess alternatives may lead to disproportionate administrative effort, without delivering added value in terms of decision quality. Moreover, the absence of clear limits may increase legal uncertainty and incentivise litigation. This could result in delays due to prolonged judicial proceedings, including referrals to the Court of Justice of the European Union, thereby undermining the objective of accelerating permitting procedures.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When implementing compensatory measures for transmission or distribution system infrastructure projects, and associated equipment, for the purpose of Article 6(4) of Directive 92/43/EEC, Member States may, in justified cases and where it can be reasonably demonstrated that the plan or project would not irreversibly affect the ecological processes essential for maintaining the structure and functions of the site and would compromise the overall coherence of the Natura 2000 network before compensatory measures are put into place, allow for such compensatory measures to be carried out in parallel with the implementation of the project. Member States may allow for those compensatory measures to be adapted over time in accordance with the precautionary principle, depending on whether the significant negative effects are expected to arise in the short, medium or long term.; | 2. When implementing compensatory measures for transmission or distribution system infrastructure projects, and associated equipment, for the purpose of Article 6(4) of Directive 92/43/EEC, Member States may, and where it can be reasonably demonstrated that the plan or project would not irreversibly affect the ecological processes essential for maintaining the structure and functions of the site and would compromise the overall coherence of the Natura 2000 network before compensatory measures are put into place, allow for such compensatory measures to be carried out in parallel with the implementation of the project. Member States may allow for those compensatory measures to be adapted over time in accordance with the precautionary principle, depending on whether the significant negative effects are expected to arise in the short, medium or long term.; |
In line with the approach taken in Article 16g(2) of Directive (EU) 2018/2001, the term “in justified cases” should be removed, as it lacks a clear legal definition and risks creating legal uncertainty. Its deletion would ensure a more precise and predictable application of the provision across Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| (2 a) Article 32a | |
| Transparency and efficient use of distribution system capacity | |
| 1. Member States shall ensure that distribution system operators which serve more than 100,000 connected customers publish, at least once a year, the following information relating to the distribution system they operate: | |
| (a) the total reserved injection and withdrawal capacity for which a connection agreement has been concluded but which have not been connected to the distribution system within three years following such conclusion, including a reasoned estimate of the share of those projects that are unlikely to be connected within the following two years; | |
| (b) a comparison of the actual injection used by connected distributed generation or energy storage facility against their injection capacity; | |
| (c) a comparison of the actual withdrawal used by connected facility of system user equipped with smart metering system against its withdrawal capacity; | |
| (d) an assessment of the additional connection capacity for generation and withdrawal that could be made available through more efficient use of the distribution system, considering in particular the data referred to in points (a) and (b). That assessment shall include an estimate of the potential savings in network development costs. | |
| 2. Member states may decide to apply the obligations set in paragraph 1 to distribution system operators which serve less than 100 000 connected customers. | |
| 3. Where the information published pursuant to paragraph 1 reveals a significant potential for efficiency gains, the Member State concerned shall adopt concrete measures aimed at eliminating or mitigating the identified causes of inefficient use of the distribution system. Member States shall ensure that draft measures are subject to a transparent consultation with all relevant system users prior to their adoption. | |
| 4. The regulatory authority or other competent authority designated by the Member State shall monitor compliance with the obligations set out in this Article. |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| (2 a) Article 32a | |
| Transparency and efficient use of distribution system capacity | |
| 1. Member States shall ensure that distribution system operators which serve more than 100,000 connected customers publish, at least once a year, the following information relating to the distribution system they operate: | |
| (a) the total reserved injection and withdrawal capacity for which a connection agreement has been concluded but which have not been connected to the distribution system within three years following such conclusion, including a reasoned estimate of the share of those projects that are unlikely to be connected within the following two years; | |
| (b) a comparison of the actual injection used by connected distributed generation or energy storage facility against their injection capacity; | |
| (c) a comparison of the actual withdrawal used by connected facility of system user equipped with smart metering system against its withdrawal capacity; | |
| (d) an assessment of the additional connection capacity for generation and withdrawal that could be made available through more efficient use of the distribution system, considering in particular the data referred to in points (a) and (b). That assessment shall include an estimate of the potential savings in network development costs. | |
| 2. Member states may decide to apply the obligations set in paragraph 1 to distribution system operators which serve less than 100 000 connected customers. | |
| 3. Where the information published pursuant to paragraph 1 reveals a significant potential for efficiency gains, the Member State concerned shall adopt concrete measures aimed at eliminating or mitigating the identified causes of inefficient use of the distribution system. Member States shall ensure that draft measures are subject to a transparent consultation with all relevant system users prior to their adoption. | |
| 4. The regulatory authority or other competent authority designated by the Member State shall monitor compliance with the obligations set out in this Article. |
This amendment fills an existing legislative gap by transforming the Commission´s guidelines into a flexible and enforceable mechanism. It solves the problem of grid capacity that is reserved but unused, which directly constrains new energy projects. It enables the reallocation of unused capacity to more ready projects; lowers energy prices; supports electrification; enhances the competitiveness of EU industry and households; accelerates the deployment of own electricity generation and industrial expansion; and contributes to the decarbonization of the energy sector.
| Text proposed by the Commission | Amendment |
|---|---|
| (2 a) Article 31 is amended as follows: | |
| (a) Paragraph 3b is replaced by the following: | |
| 3b. Member States may decide not to apply paragraph 3 to integrated electricity undertakings serving fewer than 100 000 connected customers, or serving small isolated systems, where those undertakings participate in or are integrated into an independent distribution system operator established in accordance with Article 35(4a) fulfilling those tasks. |
The existing derogations under Articles 31, 32 and 35 of Directive (EU) 2019/944 exempt almost two thirds of EU distribution system operators from obligations to plan, provide harmonised data and facilitate access to flexibility services. These exemptions were designed for passive networks with stable loads. Distribution networks are now the primary connection point for distributed renewables, storage, charging station and active demand, to name a few, precisely the assets the Grids Package seeks to connect faster. Maintaining blanket exemptions at this level directly undermines the proposal's permitting acceleration objectives in Member States where small DSOs predominate. The amendments close this gap by requiring participation in an independent distribution system operator, a model already operational and regulator-approved in Belgium for example. The mechanism is proportionate: task obligations are defined by reference to the derogations from which participating undertakings benefit, preserving full Member State discretion on organisational form and governance.
| Text proposed by the Commission | Amendment |
|---|---|
| (2 b) Article 32 is amended as follows | |
| (a) Paragraph 4a is inserted: | |
| 4a. Member States shall ensure that distribution network development plans are developed at the same intervals and in close coordination and cooperation with the transmission network development plans referred to in Article 40a and take into account the scenarios and planning assumptions of the relevant transmission system operator, and in accordance with the cooperation obligations laid down in Article 57 of Regulation (EU) 2019/943Member States shall ensure that the institutional arrangements necessary for such cooperation are in place and shall notify the national regulatory authority accordingly. | |
| (b) Paragraph 5 is replaced by the following: | |
| 5. Member States may decide not to apply paragraph 3 to integrated electricity undertakings serving fewer than 100 000 connected customers, or serving small isolated systems, only if those undertakings participate in or are integrated into an independent distribution system operator established in accordance with Article 35(4a) which carry out the tasks they are exempted on their behalf. Member States shall ensure that all system users connected to such networks benefit from equivalent levels of transparency, access to data, and market participation opportunities, including access to flexibility markets, irrespective of the size or organisational structure of the distribution system operator. |
The existing derogations under Articles 31, 32 and 35 of Directive (EU) 2019/944 exempt almost two thirds of EU distribution system operators from obligations to plan, provide harmonised data and facilitate access to flexibility services. These exemptions were designed for passive networks with stable loads. Distribution networks are now the primary connection point for distributed renewables, storage, charging station and active demand, to name a few, precisely the assets the Grids Package seeks to connect faster. Maintaining blanket exemptions at this level directly undermines the proposal's permitting acceleration objectives in Member States where small DSOs predominate. The amendments close this gap by requiring participation in an independent distribution system operator, a model already operational and regulator-approved in Belgium for example. The mechanism is proportionate: task obligations are defined by reference to the derogations from which participating undertakings benefit, preserving full Member State discretion on organisational form and governance.
| Text proposed by the Commission | Amendment |
|---|---|
| (2 c) Article 35 is amended as follows: | |
| (a) Paragraph 4 is replaced by the following: | |
| 4. Member States may decide not to apply paragraphs 1, 2 and 3 to integrated electricity undertakings serving fewer than 100 000 connected customers, or serving small isolated systems, where those undertakings participate in or are integrated into an independent distribution system operator established in accordance with Article 35(4a). | |
| The independent distribution system operator shall carry out, on behalf the participating undertakings, at least those tasks from which those undertakings benefit from a derogation pursuant to Articles 31(3b), 32(5) and paragraph 4 of this Article. | |
| (b) Paragraph 4a is inserted: | |
| 4a. For the purposes of Articles 31(3b), 32(5) and 35(4), Member States shall designate or require the establishment of one or more independent distribution system operators at regional or national level. Such operators shall be organisationally and functionally independent from supply and generation activities. | |
| The governance arrangements of the independent distribution system operator, including rules ensuring non-discriminatory access and equitable representation of participating undertakings, shall be submitted for approval to the national regulatory authority before the derogation in paragraph 4 takes effect. Approved governance arrangements shall be made publicly available. | |
| The national regulatory authority shall monitor compliance with the conditions of this paragraph on an ongoing basis and shall have the power to impose corrective measures, including withdrawal of the derogation, where those conditions are no longer fulfilled. |
The existing derogations under Articles 31, 32 and 35 of Directive (EU) 2019/944 exempt almost two thirds of EU distribution system operators from obligations to plan, provide harmonised data and facilitate access to flexibility services. These exemptions were designed for passive networks with stable loads. Distribution networks are now the primary connection point for distributed renewables, storage, charging station and active demand, to name a few, precisely the assets the Grids Package seeks to connect faster. Maintaining blanket exemptions at this level directly undermines the proposal's permitting acceleration objectives in Member States where small DSOs predominate. The amendments close this gap by requiring participation in an independent distribution system operator, a model already operational and regulator-approved in Belgium for example. The mechanism is proportionate: task obligations are defined by reference to the derogations from which participating undertakings benefit, preserving full Member State discretion on organisational form and governance.
| Text proposed by the Commission | Amendment |
|---|---|
| At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. | At least every two years, all transmission system operators shall submit to the regulatory authority or any relevant authority for that matter a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. |
The amendment preserves Member States’ flexibility to designate the competent authority responsible for adopting or approving national development plans, in line with national constitutional and institutional arrangements. This ensures respect for subsidiarity and avoids disrupting established governance structures and planning processes.
| Text proposed by the Commission | Amendment |
|---|---|
| At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. | At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the achievement of climate neutrality by 2050, energy independence, and energy affordability. The transmission system operator shall publish the ten-year network development plan on its website. |
| Text proposed by the Commission | Amendment |
|---|---|
| At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. | At least every two years, all transmission system operators shall submit to the Member State or regulatory authorities a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. |
Member States must retain flexibility to reflect national specificities in designating the competent authority for the network development plan (NDP) and defining the roles and responsibilities within the process.
| Text proposed by the Commission | Amendment |
|---|---|
| At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. | At least every two years, all transmission system operators shall submit to the competent authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. |
Not in every country it is the NRA which assesses the TYNDP. In some countries it may be the Ministry, therefore, the article is amended to reflect this reality.
| Text proposed by the Commission | Amendment |
|---|---|
| At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the adequacy of the system and the security of supply. The transmission system operator shall publish the ten-year network development plan on its website. | At least every two years, all transmission system operators shall submit to the regulatory authority a ten-year network development plan based on existing and forecast supply and demand after having consulted all the relevant stakeholders, in accordance with paragraph 2, point (c). That network development plan shall contain efficient measures in order to guarantee the secure operation of the future power system. The transmission system operator shall publish the ten-year network development plan on its website. |
Adequacy assessment is not a core function of the NDP and is handled in separate system security and resource adequacy processes. The three-year investment requirement is unclear and impractical, as permitting, planning and construction take longer. Project-level alternatives would add burden without clear value. NRA assessment and approval must remain national, without mandatory ACER consultation.
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. When developing the ten-year network development plan referred to in paragraph 1, transmission system operators and relevant authorities shall, where appropriate, prioritise the use, upgrading or optimisation of existing electricity transmission and distribution corridors, as well as existing transport and utility corridors, before opening new routes through undeveloped areas. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) provide transparency on structural grid congestion at both transmission and distribution levels by identifying expected capacity constraints and publishing locational heatmaps of available grid hosting capacity. For transmission infrastructure identified for system expansion or upgrade, transmission system operators shall additionally publish high-resolution time-series data, including half-hourly power flows, to facilitate the targeted development of local flexibility markets and the deployment of demand-response assets |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) take into account, in a balanced manner and in accordance with the energy choices of the Member State concerned, the use of low-carbon flexibility resources, including dispatchable low-carbon generation such as nuclear energy, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion, provided that they are technically and economically appropriate to the characteristics of the national electricity system and do not compromise security of supply or system stability; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) consider with priority use of economically efficient alternatives to system expansion, including non-fossil flexibility resources pursuant to Regulation (EU) 2019/943; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) consider with priority use of economically efficient alternatives to system expansion, including non-fossil flexibility resources pursuant to Regulation (EU) 2019/943; |
Non‑wire’ solutions are not universally more cost‑effective than physical grid expansion. The revised wording preserves a technology‑neutral focus on economically efficient alternatives without prescribing specific solution types or introducing additional administrative requirements.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) consider with priority use of flexibility resources, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, wire and non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; |
The amendment clarifies that both wire and non-wire solutions should be considered on an equal footing when assessing alternatives to system expansion. This reflects the practical reality that efficient grid development requires a combination of infrastructure investments and flexible, non-infrastructure-based solutions. By explicitly including wire solutions, the provision avoids an unintended bias that could limit the range of viable options available to system operators. It ensures a technology-neutral and system-oriented approach, allowing for the most efficient and cost-effective solutions to be selected based on specific circumstances. This clarification strengthens coherence with existing Union legislation and supports optimal network planning, thereby contributing to a more efficient integration of renewable energy and the overall resilience of the energy system.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; | (b) prioritise the use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx], and other alternatives to system expansion; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 , which shall be consistent with the central scenario and the sensitivities developed in accordance with Article 11 of Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx]; | (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 , which shall be consistent with the central scenario as developed by the European Advisory Board on Climate Change, national regulatory authorities, the ENTSO for Electricity, the ENNOH, the ENTSO for Gas, the European entity for the cooperation of electricity distribution system operators in the European Union (EU DSO Entity), the Member States, as well as other relevant stakeholders including civil society. |
| 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) | 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 , which shall be consistent with the central scenario and the sensitivities developed in accordance with Article 11 of Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx]; | (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 , which shall be consistent with the central scenario and the sensitivities developed in accordance with Article 11 of Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx] and shall take into account, in a coordinated manner, distribution system operators network development plans and planning practices. |
| (This Amendment applies in article 40a) | |
| 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) | 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) |
The current TYNDP process primarily focuses on transmission-level planning and does not systematically and adequately account for distribution-level realities.
Anna Stürgkh, Bart Groothuis, Brigitte van den Berg, Morten Løkkegaard, Barry Andrews, Christophe Grudler
| Text proposed by the Commission | Amendment |
|---|---|
| (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 , which shall be consistent with the central scenario and the sensitivities developed in accordance with Article 11 of Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx]; | (c) be based on a joint scenario developed every two years pursuant to Article 55 of Directive (EU) 2024/1788 of the European Parliament and the Council24 . The scenarios and the sensitivities developed in accordance with Article 11 of Regulation (EU) [TEN-E Regulation as proposed by COM(2025)xxxx] should be taken appropriately into consideration when developing the joint scenario; |
| 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) | 24 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU) 2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1788/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) be consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943 and take into account the regional investment plans referred to in Article 34 of that Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) be in line with the integrated national energy and climate plan and its updates, take into account the state of play in the integrated national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999, be consistent with targets set by Directive (EU) 2018/2001, follow the application of the energy efficiency first principle in accordance with Article 27 of Directive (EU) 2023/1791 and support the climate-neutrality objective set out in Article 2(1) and Article 4(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council25 ; | deleted |
| 25 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj) |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) be in line with the integrated national energy and climate plan and its updates, take into account the state of play in the integrated national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999, be consistent with targets set by Directive (EU) 2018/2001, follow the application of the energy efficiency first principle in accordance with Article 27 of Directive (EU) 2023/1791 and support the climate-neutrality objective set out in Article 2(1) and Article 4(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council25 ; | (d) be in line with the integrated national energy and climate plan and its updates, take into account the state of play in the integrated national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999, be consistent with targets set by Directive (EU) 2018/2001, follow the application of the energy efficiency first principle in accordance with Article 27 of Directive (EU) 2023/1791 and support the climate-neutrality objective set out in Article 2(1) and Article 4(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council25 and support progress towards strengthened resilience and reduced vulnerability to climate change as referred to in Article 5(1) of that Regulation, and be in line with Union’s environmental and biodiversity goals; |
| 25 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj) | 25 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj) |
s stated in the First Risk Assessment Report of the European Environmental Agency and recommended by the European Scientific Advisory Board on Climate Change for instance in their report 'Strengthening resilience to climate change – Recommendations for an effective EU adaptation policy framework', there is a need to strengthen climate proofing of EU policies and programmes. The conception of the TYNDP should also consider minimising environmental and biodiversity impacts of network development
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) be developed in close cooperation and coordination and in the same intervals with the distribution network development plans pursuant to Article 32(3), and take into account the scenarios and planning assumptions of the relevant distribution system operators; |
The national electricity network development plan introduced by Article 40a cannot function as a genuine whole-system planning instrument unless transmission and distribution network planning are closely coordinated, with scenarios and assumptions feeding into each other's processes on aligned timelines. Without this, the planning framework this proposal seeks to establish remains blind to the level where most new connections, flexibility resources and electrification investments occur, precisely where anticipatory investment is most needed. ACER, CEER and the Commission's own June 2025 Guidance on Anticipatory Investments have all identified coordinated TSO-DSO planning as a prerequisite for anticipatory investment frameworks to function effectively. This amendment is directly complemented by the amendments to Articles 31, 32 and 35, which ensure that small DSOs currently exempt from planning obligations contribute to that coordination through the independent distribution system operator mechanism.
| Text proposed by the Commission | Amendment |
|---|---|
| (d b) take into account the latest available good practices for avoiding and minimising negative impacts and, where feasible, for creating positive impacts, on nature, in accordance with the mitigation hierarchy, including sensitivity mapping, nature-inclusive project design, bird flight diverters, and integrated vegetation management. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d c) take into account when Member States have designated renewables acceleration areas pursuant to Article 15c of Directive (EU) 2018/2001 to ensure fast access to the grid; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) contain all the investments already decided and identify new investments which have to be executed in the next three years; | (e) contain all the investments already decided and identify new investments which have to be executed for the analysed period; |
Adequacy assessment is not a core function of the NDP and is handled in separate system security and resource adequacy processes. The three-year investment requirement is unclear and impractical, as permitting, planning and construction take longer. Project-level alternatives would add burden without clear value. NRA assessment and approval must remain national, without mandatory ACER consultation.
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) include a national forecast for grid technology availability aligning project schedules with expected grid technology delivery timelines. |
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) include an estimate of labour needs, including training (reskilling and upskilling); |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | deleted |
Non‑wire’ solutions are not universally more cost‑effective than physical grid expansion. The revised wording preserves a technology‑neutral focus on economically efficient alternatives without prescribing specific solution types or introducing additional administrative requirements.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | 3. New infrastructure projects shall be accompanied by a publicly available cost-benefit analysis demonstrating that demand-side flexibility, local flexibility markets, non-wired solutions, non-fossil flexibility resources, or other alternatives to system expansion were either technically unfeasible or less cost-effective than the proposed system expansion. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | 3. New infrastructure projects shall be accompanied by a duly substantieted assessment explaining how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were considered and, where not selected, explaining the technical or economic reasons for their exclusion. Those assessments shall be made publicly available |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | 3. New infrastructure projects shall be accompanied by an explanation how wired and non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. |
The amendment clarifies that both wire and non-wire solutions should be considered on an equal footing when assessing alternatives to system expansion. This reflects the practical reality that efficient grid development requires a combination of infrastructure investments and flexible, non-infrastructure-based solutions. By explicitly including wire solutions, the provision avoids an unintended bias that could limit the range of viable options available to system operators. It ensures a technology-neutral and system-oriented approach, allowing for the most efficient and cost-effective solutions to be selected based on specific circumstances. This clarification strengthens coherence with existing Union legislation and supports optimal network planning, thereby contributing to a more efficient integration of renewable energy and the overall resilience of the energy system.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | 3. The ten-year network development plan shall include an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. |
Network development planning is performed on a scenario-based, system-wide approach where flexibility and non-wire solutions are already considered within planning assumptions.Requiring project-level demonstrations would duplicate analyses and risk delaying permitting procedures. The amendment clarifies that the consideration of alternatives is demonstrated at planning level, ensuring consistency with established planning practices while maintaining adequate scrutiny.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. New infrastructure projects shall be accompanied by an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. | 3. The ten-year network development plan shall include an explanation how non-wired solutions, non-fossil flexibility resources or other alternatives to system expansion were taken into account. |
Adequacy assessment is not a core function of the NDP and is handled in separate system security and resource adequacy processes. The three-year investment requirement is unclear and impractical, as permitting, planning and construction take longer. Project-level alternatives would add burden without clear value. NRA assessment and approval must remain national, without mandatory ACER consultation.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible needs for investments. | 5. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible needs for investments or adjustments of network tariff methodologies in accordance with Article 18(2) and 18(7) of Regulation (EU) 2019/944. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible needs for investments. | 5. The Member State or regulatory authorities shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The Member State or regulatory authorities shall publish the result of the consultation process, in particular possible needs for investments. |
Member States must re-tain sufficient flexibility to reflect national speci-ficities by designating the competent author-ity responsible for ap-proving and amending the network develop-ment plan and by defin-ing roles and responsi-bilities in the NDP pro-cess.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The regulatory authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particular possible needs for investments. | 5. The competent authority shall consult all actual or potential system users on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The competent authority shall publish the result of the consultation process, in particular possible needs for investments. |
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. | The regulatory authority or any national authority entitled to so shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority or any national authority entitled to so may require the transmission system operator to amend its ten-year network development plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. | The Member State or regulatory authorities shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. | The regulatory authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority may consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. |
Adequacy assessment is not a core function of the NDP and is handled in separate system security and resource adequacy processes. The three-year investment requirement is unclear and impractical, as permitting, planning and construction take longer. Project-level alternatives would add burden without clear value. NRA assessment and approval must remain national, without mandatory ACER consultation.
| Text proposed by the Commission | Amendment |
|---|---|
| The regulatory authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the regulatory authority shall consult ACER. The regulatory authority may require the transmission system operator to amend its ten-year network development plan. | The competent authority shall approve or request the amendment of the ten-year network development plan and examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the non-binding Union-wide ten-year network development plan (‘Union-wide network development plan’) referred to in of Article 30(1), point (b), of Regulation (EU) 2019/943. Where any doubt arises as to the consistency with the Union-wide network development plan, the competent authority shall consult ACER. The competent authority may require the transmission system operator to amend its ten-year network development plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent national authorities shall examine the consistency of the ten-year network development plan with the national energy and climate plan submitted in accordance with Regulation (EU) 2018/1999. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan. | 7. The Member State or regulatory authorities shall monitor and evaluate the implementation of the ten-year network development plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan. | 7. The competent authority shall monitor and evaluate the implementation of the ten-year network development plan. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. In circumstances where the independent system operator, or independent transmission operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made where such investment is still relevant on the basis of the most recent ten-year network development plan: | 8. In circumstances where the independent system operator, or independent transmission operator, other than for overriding reasons beyond its control, does not execute an investment, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made where such investment is still relevant on the basis of the most recent ten-year network development plan: |
Adequacy assessment is not a core function of the NDP and is handled in separate system security and resource adequacy processes. The three-year investment requirement is unclear and impractical, as permitting, planning and construction take longer. Project-level alternatives would add burden without clear value. NRA assessment and approval must remain national, without mandatory ACER consultation.
| Text proposed by the Commission | Amendment |
|---|---|
| 8. In circumstances where the independent system operator, or independent transmission operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made where such investment is still relevant on the basis of the most recent ten-year network development plan: | 8. In circumstances where the independent system operator, or independent transmission operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority or other competent national authority is required to take at least one of the following measures to ensure that the investment in question is made where such investment is still relevant on the basis of the most recent ten-year network development plan: |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. In circumstances where the independent system operator, or independent transmission operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made where such investment is still relevant on the basis of the most recent ten-year network development plan: | 8. In circumstances where the independent system operator, or independent transmission operator, for reasons within its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, and where consultation with the Member State concerned has not led to a revised implementation timeline, the Member State concerned, in accordance with its national law, may require the transmission system operator to execute the investment. Points (b) and (c) of this paragraph shall not apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the regulatory authority has made use of its powers under paragraph 8, point (b), it may oblige the transmission system operator to agree to one or more of the following: | Where the regulatory authority or other competent national authority has made use of its powers under paragraph 8, point (b), it may oblige the transmission system operator to agree to one or more of the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the regulatory authority has made use of its powers under paragraph 8, point (b), it may oblige the transmission system operator to agree to one or more of the following: | Where the competent authority has made use of its powers under paragraph 8, point (b), it may oblige the transmission system operator to agree to one or more of the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| The relevant financial arrangements shall be subject to approval by the regulatory authority. | The relevant financial arrangements shall be subject to approval by the regulatory authority or other competent national authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. Where the regulatory authority has made use of its powers under paragraph 8, the relevant tariff regulations shall cover the costs of the investments in question.; | 10. Where the regulatory authority or other competent national authority has made use of its powers under paragraph 8, the relevant tariff regulations shall cover the costs of the investments in question.; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3 a) Article 40b | |
| (1) Member States shall, as part of their national energy and climate plans, promote programmes to finance electricity, heating and gas and hydrogen infrastructure through government-guaranteed, low-interest subordinated loans provided by promotional or other public banks and the compentent national funding agencies. | |
| (2) Such programmes shall be extended to renewable energy generation and storage facilities, under the condition that these demonstrably perform grid-beneficial functions. | |
| (3) The national regulatory authorities of the Member States (NRAs) shall ensure that the cost savings achieved through favourable financing conditions are passed on in full to grid users through corresponding reductions in grid tariffs. The guaranteed grid returns shall be regularly reviewed and adjusted in the light of borrowing costs by ACER and the NRAs. | |
| (new article) |
Energy infrastructure is a regulated investment vehicle offering stable, state-guaranteed returns. Subordinated loans, such as those trialled under the Vienna Model (for non profit housing), enable the mobilisation of substantial private and institutional investment on favorable terms. Passing on the financing benefits to consumers through reduced grid charges is a social policy imperative and fosters broad public acceptance of infrastructure investment. Extending this to renewable energy sources that serve a grid-supporting function closes a financing gap for combined-cycle plants
| Text proposed by the Commission | Amendment |
|---|---|
| (5) in Article 59(1), the following point is inserted: | deleted |
| ‘(bb) approving and requesting the amendment of the ten-year network development plans referred to in Article 40a.;’ |
Member States must retain flexibility to reflect national specificities in designating the competent authority for the network development plan (NDP) and defining the roles and responsibilities within the process.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) in Article 59(1), the following point is inserted: | (5) Article 59(1) is amended as follows: |
| (a) paragraph (a) is replaced by the following: | |
| ‘(a) fixing or approving, in accordance with transparent criteria, transmission or distribution tariffs or their methodologies, or both. Methodologies shall enable a timely and predictable recovery of anticipatory investments, and ensure that investments in non-wire solutions, non-fossil flexibility, energy storage, grid-enhancing technologies and other digitalisation solutions are considered at the same level as physical investments regarding their cost recovery in a timely and predictable manner. Tariff methodologies shall consider operating expenditures and capital expenditures in a manner that does not penalise operational or non-wire solutions;’ | |
| (b) the following point Article 59(1)(bb) is inserted: |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb a) ensuring that system operators are provided with efficient financial incentives to meet the obligations and objectives set out by this Directive, in particular with respect to the interests of parties seeking network connections, including, but not limited to, the facilitation and maximization of connections for generators and consumers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb b) establish and maintain an accessible online platform for the submission and tracking of complaints relating to grid connection, submitted pursuant to art 26 and article 60 of this Directive, which shall be available to all parties seeking connection to the distribution or transmission network; publish, at least annually, anonymised and aggregated data on the number and nature of complaints received, disaggregated by complaint type and by system operator, together with a summary of the measures taken in response; and ensure that parties submitting complaints are informed of the outcome within a reasonable period. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb c) systematically monitor, from the perspective of parties seeking grid connection, the implementation of the obligations laid down in this Directive applicable to system operators, in particular those arising under Articles 6a, 15a, 31 and 32, and publish annually a performance report containing individual system operator data on connection timelines, queue management and complaint outcomes, disaggregated by system operator and connection type. National regulatory authorities shall cooperate, with the support of ACER, to establish common definitions and indicators applicable across all Member States for the purposes of this monitoring, ensuring cross-border comparability. National regulatory authorities shall further monitor and make publicly available the financial incentive frameworks and the consequences of compliance or non-compliance applied to system operators in respect of the obligations referred to in this point. ACER shall publish an annual report consolidating the national reports referred to in this point and identifying best practices in regulatory approaches to grid connection performance. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5 a) 5 new | |
| Member States may provide that electricity supply systems limited to a specific industrial, commercial, shared services, or residential area (confined distribution systems) shall not be considered distribution systems for the purpose of this directive if the rights according to Article 4 are guaranteed and at least one of the following conditions is fulfilled: | |
| a) the system is non-discriminatorily made available to all customers free of charge and electricity is primarily distributed to the operator of the system or their related undertakings and only a subordinate percentage of electricity is distributed to other customers, including households, or | |
| b) the system is non-discriminatorily made available to all customers free of charge and only a limited amount of energy is yearly distributed to a limited number of customers including households. | |
| (This amendment applies in Article 38) |
Until CJEU judgement in Case C-293/23 it was considered to be legal under the Electricity Directive (EU) 2019/944 for user groups to operate energy supply systems to final customers located within a small, contiguous area to distribution networks as long as they are not significantly affecting an effective and undistorted competition .This approach was chosen to avoid regulation in cases where it appears disproportionate. A stricter interpretation of the current EU legal framework excludes this approach. This could affect other EU Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| g new | |
| give priority to increasing flexibility on the demand side – in particular through load management in industry, the commercial sector and district heating networks – over mere feed-in optimisation, and include corresponding investments in the TYNDP . | |
| (This amendment applies in Article 40a) |
The decarbonisation of industry requires accelerated access to renewable electricity. . Consistently aligning grid planning with the demand side, rather than focusing solely on feed-in optimisation, reduces curtailment and the need for grid expansion. Combination requirements (PV + wind + battery, supplemented by power-to-heat and electrolysis) significantly increases system efficiency
| Text proposed by the Commission | Amendment |
|---|---|
| (-1) In Article 2, the following points are added: | |
| ‘(61) 'Injection Capacity' means the maximum electrical power that a connected distributed generation or energy storage facility is contractually permitted to inject into the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; | |
| (62) 'Reserved Injection Capacity' means the injection capacity that has been contractually allocated to a distributed generation or energy storage facility through a concluded connection agreement but is not yet utilized because the distributed generation or energy storage facility has not been commissioned or connected to the distribution system; | |
| (63) 'Actual Injection' means the maximum electrical power that a connected distributed generation or energy storage facility actively injects into the distribution system during operation near real-time; | |
| (64) 'Withdrawal Capacity' means the maximum electrical power that a connected facility of system user is contractually permitted to withdraw from the distribution system at its connection point under normal operating conditions, as specified in the connection agreement; | |
| (65) 'Reserved Withdrawal Capacity' means the withdrawal capacity that has been contractually allocated to a facility of system user through a concluded connection agreement but is not yet utilized because the facility of the system user has not been commissioned or connected to the distribution system; | |
| (66) 'Actual Withdrawal' means the maximum electrical power that a connected facility of system user actively withdraws from the distribution system during operation near real-time. |
| Present text | Amendment |
|---|---|
| Directive (EU) 2019/944 is amended as follows: Article 38 paragraph 5 (new) is inserted: | |
| 1. Member States may provide for regulatory authorities or other competent authorities to classify a system which distributes electricity within a geographically confined industrial, commercial or shared services site and does not, without prejudice to paragraph 4, supply household customers, as a closed distribution system if: (a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or (b) that system distributes electricity primarily to the owner or operator of the system or their related undertakings. 2. Closed distribution systems shall be considered to be distribution systems for the purposes of this Directive. Member States may provide for regulatory authorities to exempt the operator of a closed distribution system from: (a) the requirement under Article 31(5) and (7) to procure the energy it uses to cover energy losses and the nonfrequency ancillary services in its system in accordance with transparent, non-discriminatory and market-based procedures; (b) the requirement under Article 6(1) that tariffs, or the methodologies underlying their calculation, are approved in accordance with Article 59(1) prior to their entry into force; (c) the requirements under Article 32(1) to procure flexibility services and under Article 32(3) to develop the operator's system on the basis of network development plans; (d) the requirement under Article 33(2) not to own, develop, manage or operate recharging points for electric vehicles; and (e) the requirement under Article 36(1) not to own, develop, manage or operate energy storage facilities. 3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 59(1) upon request by a user of the closed distribution system. 4. Incidental use by a small number of households with employment or similar associations with the owner of the distribution system and located within the area served by a closed distribution system shall not preclude an exemption under paragraph 2 being granted. | "5. Member States may provide that distribution systems limited to a specific industrial, commercial, shared services, or residential area (confined distribution systems) shall not be considered distribution systems for the purpose of this directive if the rights according to Article 4 are guaranteed and at least one of the following conditions is fulfilled: a) the system is non-discriminatorily made available to all customers free of charge and electricity is primarily distributed to the operator of the system or their related undertakings and only a subordinate percentage of electricity is distributed to other customers, including households, or b) the system is non-discriminatorily made available to all customers free of charge and only a limited amount of energy is yearly distributed to a limited number of customers including households." |
The amendment introduces a clearer and more proportionate framework for distinguishing between closed distribution systems and confined distribution systems. It reflects the practical need to accommodate a wider range of local energy systems, particularly in industrial, commercial and shared service areas, where electricity distribution does not follow the traditional model. By allowing certain confined systems to fall outside the closed distribution system regime under clearly defined conditions, the amendment enhances regulatory flexibility while safeguarding core principles such as non-discrimination and fair access. This is particularly relevant for enabling innovative energy solutions and local energy sharing arrangements.
| Present text | Amendment |
|---|---|
| Article 6 paragraph 2 is amended as follows: | |
| The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. Member States or, where Member States have so provided, the regulatory authorities of those Member States, shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. The regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission system operator or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points has been denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. | "The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria. The transmission or distribution system operator shall be entitled to assess and prioritise connection requests on the basis of the maturity of the relevant project and its expected contribution to the needs of the electricity system. For this purpose, the operator may introduce proportionate reservation fees and binding project milestones, applied in an objective, transparent and non-discriminatory manner across system users. Where such milestones are not fulfilled or the required fees are not paid, the operator shall be entitled to withdraw the connection request and reallocate the corresponding network capacity. Member States or, where Member States have so provided, the regulatory authorities of those Member States, shall ensure that those criteria are consistently applied and that the system user who has been refused access can make use of a dispute settlement procedure. The regulatory authorities shall also ensure, where appropriate and when refusal of access takes place, that the transmission system operator or distribution system operator provides relevant information on measures that would be necessary to reinforce the network. Such information shall be provided in all cases when access for recharging points has been denied. The party requesting such information may be charged a reasonable fee reflecting the cost of providing such information.The transmission or distribution system operator may refuse access where it lacks the necessary capacity. Duly substantiated reasons shall be given for such refusal, in particular having regard to Article 9, and based on objective and technically and economically justified criteria." |
| Text proposed by the Commission | Amendment |
|---|---|
| The following Article 32a is inserted: | |
| ‘Article 32a | |
| Transparency and efficient use of distribution system capacity | |
| 1. Member States shall ensure that distribution system operators which serve more than 100,000 connected customers publish, at least once a year, the following information relating to the distribution system they operate: | |
| (a) the total reserved injection and withdrawal capacity for which a connection agreement has been concluded but which have not been connected to the distribution system within three years following such conclusion, including a reasoned estimate of the share of those projects that are unlikely to be connected within the following two years; | |
| (b) a comparison of the actual injection used by connected distributed generation or energy storage facility against their injection capacity; | |
| (c) a comparison of the actual withdrawal used by connected facility of system user equipped with smart metering system against its withdrawal capacity; | |
| (d) an assessment of the additional connection capacity for generation and withdrawal that could be made available through more efficient use of the distribution system, considering in particular the data referred to in points (a) and (b). That assessment shall include an estimate of the potential savings in network development costs. | |
| 2. Member states may decide to apply the obligations set in paragraph 1 to distribution system operators which serve less than 100 000 connected customers. | |
| 3. Where the information published pursuant to paragraph 1 reveals a significant potential for efficiency gains, the Member State concerned shall adopt concrete measures aimed at eliminating or mitigating the identified causes of inefficient use of the distribution system. Member States shall ensure that draft measures are subject to a transparent consultation with all relevant system users prior to their adoption. | |
| 4. The regulatory authority or other competent authority designated by the Member State shall monitor compliance with the obligations set out in this Article. |
| Present text | Amendment |
|---|---|
| Article 36 - Paragraph 1 | |
| 1. Distribution system operators shall not own, develop, manage or operate energy storage facilities. | "1. Distribution grid operators shall be allowed to own, develop, manage or operate energy storage facilities. if such facilities support the efficient, reliable and secure operation of the distribution system and the regulatory authority has granted its approval, ensuring there is no market distortion" |
The rapid growth of variable renewable generation, changing load profiles, and the increasing decoupling of production and consumption are placing new demands on the power system. To maintain security and efficiency, distribution networks require substantial additional flexibility.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 40c new | |
| (1) Member States shall submit programmes to the Commission every two years setting out specific measures to increase the utilisation of their energy infrastructure for electricity, gas and hydrogen and heating grids. If higher utilisation leads directly to a reduction in specific infrastructure costs per kilowatt-hour, thereby burden on consumers shall be reduced. | |
| (2) The programmes shall take into account that the full electrification of all final energy sectors is not technically or economically feasible. They shall therefore demonstrate how primary and final energy consumption can be reduced through an optimised combination of electricity, heat and gaseous energy carriers (hybrid solutions), whilst simultaneously increasing local value creation. | |
| (3) The Commission shall evaluate the programmes and issue recommendations for the improvement of infrastructure utilisation. The programmes shall be incorporated into the national energy and climate plans | |
| (new article) |
Increasing the utilisation rates of existing infrastructure is often more cost-effective than building new facilities. The fixed costs of the networks are largely independent of the volume of electricity transmitted; higher utilisation therefore directly reduces specific network costs. A decarbonisation strategy focused exclusively on electricity overlooks the physical and economic limits of full electrification. An integrated approach to all energy sources such as district heating networks and green gases enables higher system efficiency at lower overall costs.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 40d new | |
| (1) Congestion revenues from the capacity mechanism between price zones are not suitable for financing long-term infrastructure investments. This function is fulfilled by the financing instruments provided for in Article 40b. | |
| (2) Congestion revenue shall be passed on in full and as a priority to electricity consumers and electricity traders. This shall be done through the allocation of Financial Transmission Rights (FTRs) or through direct refunds via network charges. | |
| (3) Financial Transmission Rights shall be made available on the forward market to enable consumers, traders and generators to hedge against price differences between neighbouring price zones. This applies to both national price boundaries and cross-border zones. | |
| (4) The Agency for the Cooperation of Energy Regulators (ACER) shall, by 31 December 2027, develop guidelines for the harmonised issuance and trading of Financial Transmission Rights within the Union, in order to promote efficient market integration and mitigate price volatility | |
| (new article) |
New proposal for congestion revenues. Congestion revenues arise from short-term price differences between bidding zones and are inherently volatile and unpredictable. They therefore do not provide a reliable basis for financing long-term infrastructure investments, which require stable and transparent funding mechanisms. Dedicated financing instruments, such as low-interest subordinated loans and other public financing tools, are better suited to this purpose. Congestion revenues should instead be returned to electricity consumers and market participants, as they ultimately originate from price differences borne by these actors. The allocation of Financial Transmission Rights on forward markets is a well-established instrument to hedge locational price risks, improve investment certainty and support efficient market integration. Financial Transmission Rights are also an important building block for the development of integrated cross-border forward markets within the Union. By enabling market participants to hedge price differences between bidding zones, they enhance liquidity, strengthen competition and facilitate the emergence of transnational electricity trading products. Harmonised rules for issuing and trading these instruments increase market confidence, reduce price volatility and reinforce the functioning of the internal electricity market.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 40f new | |
| 1) Member States shall draw up binding interconnection rules by 31 December 2027 for cascading configurations in which electricity can flow bidirectionally between grid levels. The rules shall take into account that a significant and growing proportion of electricity generation is installed in distribution networks and that the traditional model of unidirectional energy flows from the transmission network to the distribution network levels no longer reflects the reality of modern networks. | |
| (2) Member States shall initiate and promote pilot projects in which cascading solutions are tested under real-world network conditions. The results shall be made available to the Commission and the Agency for the Cooperation of Energy Regulators (ACER and national regulators). | |
| (3) The NRAs shall review their grid tariff systems with a view to a medium-term reorganisation of tariffs for labour and capacity, taking into account the changed generation and consumption structure in distribution networks. | |
| (4) Facilities and projects that trade electricity in real time and thereby demonstrably contribute to improved utilisation of the electricity grids – in particular by reducing congestion and increasing grid utilisation efficiency – shall be exempt from grid charges for the use of upstream grid levels (active power component), provided that their grid usage actually relieves the burden on the upstream grid levels. The NRAs shall establish transparent, evidence-based criteria for this purpose. | |
| (5) By 31 December 2027, ACER shall develop wih the Commission guidelines for the harmonised implementation of paragraph 4 in the Member States[ | |
| (New article) |
The traditional cascading model – whereby electricity flows in a cascade from the high-voltage grid down through progressively lower voltage levels to the consumer – no longer reflects the technical reality: in many regions of the EU, photovoltaic systems, wind turbines and combined heat and power plants feed predominantly into medium- and low-voltage grids. At the same time, aggregators, virtual power plants and real-time trading platforms are creating new players.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 40e new | |
| (1) Member States shall instruct their system operators and regulatory authorities, by 31 December 2027, to carry out a systematic assessment of the technical and economic potential of black-start capable combined heat and power (CHP) plants for securing electricity and heating networks. The survey shall cover, in particular:a) the contribution of black-start capable CHP to the rapid restoration of isolated grids following a large-scale power failure (blackout resilience); | |
| b) the suitability for local compensation of supply interruptions at distribution network level; | |
| c) their deployment during prolonged periods of low wind and low solar irradiance (dark doldrums) as a secure generation capacity. | |
| (2) Black-start capable CHP plants may be included in distribution system operators’ contingency planning under network service agreements. Control lies with the network operator; the terms are agreed on a non-discriminatory basis and under published conditions. | |
| (3) Member States shall ensure that regulatory frameworks take appropriate account of CHP plants that demonstrably fulfil grid protection functions in system planning and the approval of grid tariff components | |
| (new article) |
Large-scale power cuts (blackouts) are among the most serious infrastructure incidents, and there is evidence that the risk of sabotage is increasing; moreover, such incidents cannot be entirely prevented. Black-start-capable CHP plants can start up without an external power supply and thus establish island grids that are gradually synchronised with the main grid.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of natural gas facilities, hydrogen production facilities, and hydrogen system infrastructure, Member States or any competent authority they designate, shall grant authorisations to build or operate such facilities, infrastructure, pipelines or associated equipment within their territory, in accordance with paragraphs 2 to 11 and paragraph 16. Member States or any competent authority they designate, may also grant authorisations on the same basis for the supply of natural gas and hydrogen and for wholesale customers.; | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of natural gas facilities, hydrogen production facilities and hydrogen system infrastructure, the Member States or any competent authority they designate shall grant authorisations to build or operate such facilities, infrastructure, pipelines or associated equipment, including grid reinforcements necessary to enable the injection, transport and distribution of biomethane throughout the year, including reverse flow facilities between distribution and transmission systems, network meshing, smart grid devices and equipment necessary for gas quality management, on their territory, in accordance with paragraphs 2 to 11. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of natural gas and hydrogen and for wholesale customers. |
The amendment makes clear that the authorisation framework established under Article 8 also applies to the network upgrades required for the effective integration of biomethane into existing gas systems. The deployment of biomethane relies not only on generation capacity, but equally on the capability of gas infrastructure to manage decentralised and seasonal injections in a reliable manner. By explicitly covering the necessary supporting infrastructure, the amendment helps avoid delays linked to fragmented permitting practices and facilitates the expansion of domestic renewable gas production, thereby supporting security of supply and the Union’s energy transition objectives.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of natural gas facilities, hydrogen production facilities, and hydrogen system infrastructure, Member States or any competent authority they designate, shall grant authorisations to build or operate such facilities, infrastructure, pipelines or associated equipment within their territory, in accordance with paragraphs 2 to 11 and paragraph 16. Member States or any competent authority they designate, may also grant authorisations on the same basis for the supply of natural gas and hydrogen and for wholesale customers.; | 1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation of natural gas facilities, hydrogen production facilities, including facilities for renewable gas and low-carbon gas, such as biomethane, hydrogen system infrastructure, Member States or any competent authority they designate, shall grant authorisations to build or operate such facilities, infrastructure, pipelines or associated equipment within their territory, in accordance with paragraphs 2 to 11 and paragraph 16. Member States or any competent authority they designate, may also grant authorisations on the same basis for the supply of natural gas and hydrogen and for wholesale customers.; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) Member States shall ensure that the repurposing of existing gas infrastructure for hydrogen, renewable gas or low-carbon gas benefits from simplified authorisation procedures, where such repurposing does not entail significant additional environmental impacts. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraphs 5a to 5d are inserted: | (b) the following paragraphs 5a to 5e are inserted: |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Member States shall ensure that, where any studies, reports, or documentation required for the procedure are missing from the applications, the competent national authorities, in cooperation with other relevant authorities concerned, request the necessary materials from the developer, specifying their scope and level of detail, within three months of the application. | deleted |
| After that period, neither the competent authority nor any other relevant authority concerned shall request additional information, studies, reports, or assessments, except in cases where a material change has occurred to the project or its surrounding environment, rendering the initial criteria on which determinations were based no longer appropriate. In such instances, the national competent authority shall provide the project promoter with a well-reasoned justification for the request for additional information. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, where any studies, reports, or documentation required for the procedure are missing from the applications, the competent national authorities, in cooperation with other relevant authorities concerned, request the necessary materials from the developer, specifying their scope and level of detail, within three months of the application. | Member States shall ensure that, where any studies, reports, or documentation required for the procedure are missing from the applications, the competent national authorities, in cooperation with other relevant authorities concerned, request the necessary materials from the developer, specifying their scope and level of detail, within six months of the application. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5b a. Member States may use revenues from the EU Emissions Trading System (EU ETS) to support additional necessary administrative and staffing capacity for permitting related to renewable energy deployment and electricity projects. The mechanism shall be set up without prejudice to the organisation of Member States administrative structures and the allocation of competences under national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5c. In the authorisation procedure referred to in paragraph 1 concerning hydrogen production facilities and hydrogen system infrastructure, Member States shall ensure that the lack of reply by the relevant competent national authorities within the deadline referred to in paragraph 5 results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval is not recognised in the national legal system of the Member State concerned. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5c. In the authorisation procedure referred to in paragraph 1 concerning hydrogen production facilities and hydrogen system infrastructure, Member States shall ensure that the lack of reply by the relevant competent national authorities within the deadline referred to in paragraph 5 results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval is not recognised in the national legal system of the Member State concerned. | deleted |
Tacit approval can be an effective instrument to accelerate permitting procedures where risks are limited and processes are standardised. However, its application is not appropriate for large-scale electricity grid projects, which are often complex, span long distances and may impact critical infrastructure as well as third-party rights. In such cases, relying on tacit approval could create significant legal uncertainty and increase the likelihood of disputes, potentially resulting in prolonged litigation. A more robust approach based on explicit decisions is therefore necessary to ensure legal certainty and the proper assessment of all relevant aspects
| Text proposed by the Commission | Amendment |
|---|---|
| 5c. In the authorisation procedure referred to in paragraph 1 concerning hydrogen production facilities and hydrogen system infrastructure, Member States shall ensure that the lack of reply by the relevant competent national authorities within the deadline referred to in paragraph 5 results in the specific steps to be considered as approved, except for the environmental decisions and where the principle of administrative tacit approval is not recognised in the national legal system of the Member State concerned. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5d. All decisions shall be made publicly available, including final decisions granted tacitly following the lack of reply by the relevant competent authorities.; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5d. All decisions shall be made publicly available, including final decisions granted tacitly following the lack of reply by the relevant competent authorities.; | 5d. All decisions shall be made publicly available by the relevant competent authorities; |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Norbert Lins, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| 5d a. Until climate neutrality is achieved, Member States shall ensure that, in the authorisation procedure for natural gas facilities, hydrogen production facilities and hydrogen system infrastructure as well as of gas grid repurposing and reinforcement necessary for the injection, transport, and distribution of biomethane, such projects are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. |
The amendment ensures that infrastructure necessary for the integration of biomethane into the gas system benefits from a clear and coherent public interest status within the authorisation framework of this Directive. While renewable gas production may fall within the scope of Directive (EU) 2018/2001, this is not always the case for associated gas network adaptations and reinforcement measures required for transport and injection. Explicitly covering such infrastructure in this Directive improves legal certainty and supports the timely development of renewable gas infrastructure contributing to decarbonisation, energy resilience and security of supply, while maintaining the applicable environmental assessment requirements and case-by-case balancing under Union law.
| Text proposed by the Commission | Amendment |
|---|---|
| 5d a. The planning, construction and operation of renewable gas production facilities using manure as feedstock, and of associated upgrading, injection, storage and connection infrastructure necessary for the integration of renewable gas, including biomethane, into the natural gas system, shall be presumed to contribute to a long-term reduction of nitrogen emissions and shall not require an assessment of nitrogen emissions in an assessment that may be carried out to comply with Article 6 of Directive 92/43/EEC. |
Renewable gas production from manure contributes to long-term structural reductions in nitrogen emissions by processing and converting manure that would otherwise remain a significant source of ammonia and nitrate pollution. Temporary nitrogen emissions during the construction phase should not delay projects that deliver lasting emission reductions and support the integration of renewable gas into the energy system.
Anna Stürgkh, Bart Groothuis, Brigitte van den Berg, Morten Løkkegaard, Andreas Glück, Barry Andrews, Christophe Grudler
| Text proposed by the Commission | Amendment |
|---|---|
| 5d a. The planning, construction and operation of hydrogen system infrastructure shall be presumed to contribute to a long-term reduction of nitrogen emissions and shall not require an assessment of nitrogen emissions in an assessment that may be carried out to comply with Article 6 of the Council Directive 92/43/EEC. |
Evidence shows that while construction leads to limited and temporary emissions, these are rapidly outweighed by significant long-term reductions once projects become operational. Requiring nitrogen assessments for such projects risks delaying precisely those investments that are necessary to achieve sustained emission reductions. This is disproportionate given their clear net environmental benefit. The same logic already underpins the exemption granted to electricity networks in this proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| 16. To manage authorisations within the meaning of paragraph 1 of this Article, Member States shall ensure the digital platforms are in place to handle applications, the associated process, and ongoing decision. Those platforms shall provide access to the relevant environmental and geological data and decisions available in the central online portal referred to in Article 10(3) of . | 16. To manage authorisations within the meaning of paragraph 1 of this Article, Member States shall ensure the digital platforms are in place to handle applications, the associated process, and ongoing decision. Those platforms shall in a manner that safeguards business secrets and complies with Union and national data protection requirements provide access to the relevant environmental and geological data and decisions available in the central online portal referred to in Article 10(3) of . |
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) In Article 2, the following point 78 is inserted: "(78) ‘natural gas facilities’ means facilities and infrastructure for, inter alia, the production, processing, storage, transmission, distribution or operation of natural gas, including biomethane production facilities and the infrastructure necessary for their connection to the grid." |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Aura Salla, Wouter Beke, Marion Walsmann
| Present text | Amendment |
|---|---|
| (1 a) Article 8 paragraph 5 is replaced by the following: | |
| 5. The authorisation procedures for the activities referred to in paragraph 1 shall not exceed two years, including all relevant procedures of competent authorities. Where duly justified on the grounds of extraordinary circumstances, that two-year period may be extended by up to one year. | "5. The authorisation procedures for the activities referred to in paragraph 1 shall not exceed one year, including all relevant procedures of competent authorities. Where duly justified on the grounds of extraordinary circumstances, that one-year period may be extended by up to six months." |
The amendment introduces a more proportionate timeframe for authorisation procedures by reducing the standard duration from two years to one year, while maintaining the possibility of a limited extension of up to six months in duly justified exceptional circumstances. This supports the objective of accelerating the deployment of renewable gas, natural gas and hydrogen infrastructure in line with the Union’s climate and energy objectives. The shorter timeline is particularly justified as the proposal no longer relies on a system of tacit approval. In the absence of automatic approval mechanisms, clearer and shorter procedural deadlines are necessary to ensure efficient and predictable decision-making by competent authorities, while preserving appropriate administrative and environmental safeguards for more complex case.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Eva Maydell, Marion Walsmann, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke, Aura Salla, Susana Solís Pérez
| Present text | Amendment |
|---|---|
| Article 8, paragraph 4 is replaced by the following: | |
| 4. Member States shall ensure that any national rules concerning the authorisation procedure referred to in this Article are proportionate, necessary and contribute to the implementation of the general rules for the organisation of the markets for natural gas and hydrogen and infrastructure access, to the energy efficiency first principle, to achieving the Union’s climate and energy targets and to the implementation of Member States’ integrated national energy and climate plans, as well as their long-term strategies adopted pursuant to Regulation (EU) 2018/1999. | "4. Member States shall ensure that any national rules concerning the authorisation procedure referred to in this Article are proportionate, necessary and contribute to the implementation of the general rules for the organisation of the markets for natural gas and hydrogen and infrastructure access, to the energy efficiency first principle, to achieving the Union’s climate and energy targets and to the implementation of Member States’ integrated national energy and climate plans, as well as their long-term strategies adopted pursuant to Regulation (EU) 2018/1999. Member States shall ensure that in the autorisation procedure, the construction and the operation of production facilities and related infrastructure for hydrogen or renewable gas, in particular where involving the repurposing of existing infrastructure, are presumed as being in the overriding public interest and, in such case, are given priority when balancing legal interests." |
The amendment strengthens the legal framework by introducing a clear presumption of overriding public interest for hydrogen and renewable energy infrastructure, in particular where existing infrastructure is repurposed. This reflects the strategic importance of these projects for achieving climate neutrality, ensuring energy security and facilitating system integration. By explicitly recognising these activities as serving overriding public interest, the amendment enhances legal certainty in the balancing of competing interests and supports more consistent decision-making across Member States. It is particularly relevant for projects involving the conversion or adaptation of existing assets, which often face regulatory uncertainty despite their limited additional impact.
| Present text | Amendment |
|---|---|
| Article 38, paragraph 5 is replaced by the following: | |
| 5. Member States allowing for the refusal of access or connection or for the disconnection of network users pursuant to paragraph 4 of this Article shall provide for a regulatory framework for refusal of access or connection or for disconnection that is based on objective, transparent and non-discriminatory criteria established by the regulatory authority, taking into account the interests affected, the existing requirements to reduce or switch from natural gas consumption and the relevant local heating and cooling plans established pursuant to Article 25(6) of Directive (EU) 2023/1791. Member States shall take adequate measures to protect network users in accordance with Article 13 of this Directive when allowing disconnection. | "5. Member States allowing for the refusal of access or connection or for the disconnection of network users pursuant to paragraph 4 of this Article shall provide for a regulatory framework for refusal of access or connection or for disconnection that is based on objective, transparent and non-discriminatory criteria established by the regulatory authority, taking into account the interests affected, the existing requirements to reduce or switch from natural gas consumption and the relevant local heating and cooling plans established pursuant to Article 25(6) of Directive (EU) 2023/1791. In the absence of a transmission network development plan under Article 55 providing for the decommissioning of the relevant infrastructure, or of an approved distribution network decommissioning plan pursuant to Article 57(3), Member States shall ensure that renewable gas producers already connected to the natural gas system may continue to maintain their connection and inject renewable gas into the network, in accordance with applicable technical and safety requirements. Member States shall take adequate measures to protect network users in accordance with Article 13 of this Directive when allowing disconnection." |
The amendment clarifies that existing renewable gas installations should not be subject to disconnection in the absence of a formally established network phase-out decision. By linking the applicable framework to approved transmission and distribution planning processes, the provision strengthens regulatory consistency and provides greater certainty for operators already injecting renewable gas into the system. This contributes to stable investment conditions for biomethane projects and supports the continued integration of domestic renewable gases within the Union’s energy transition and security of supply objectives.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Aura Salla, Marion Walsmann, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke, Eva Maydell
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3a | |
| Directive 2009/147/EC is amended as follows: | |
| In Article 9, paragraph 1, the following point d is inserted: " Until climate neutrality is achieved, Member States may derogate from the provisions of Articles 5 to 8 for the purpose of energy transition and infrastructure projects such as the planning, construction and operation of energy infrastructure projects, as well as the refurbishment, modernisation, repowering, repurposement and expansion of energy infrastructure including electricity networks, grid development, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, recharging pools and generation plants. " |
The amendment introduces a clear legal basis for Member States to derogate from certain species protection obligations where necessary for the development and modernisation of energy infrastructure projects contributing to climate neutrality and security of energy supply. It reflects the strategic importance of accelerating the energy transition while maintaining the existing framework for derogations and the reuirement for Member States to apply them in accordance with Union environmental law.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Letizia Moratti, Massimiliano Salini, Wouter Beke, Aura Salla, Pilar del Castillo Vera
| Present text | Amendment |
|---|---|
| Article 3 b (new) | |
| Council Directive 92/43/EEC is amended as follows: In Article 6, paragraph 4 is replaced by the following: | |
| 4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. | "If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature as well as those set out in Article 2(4), the Member State shall take proportionate compensatory measures to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted." |
The amendment aligns the derogation regime under Article 6(4) with the Union’s climate and energy objectives by expressly recognising the energy transition projects referred to in Article 2(4) as imperative reasons of overriding public interest. This strengthens legal certainty for competent authorities and project developers while maintaining the requirement for proportionate compensatory measures.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3b | |
| Article 4 - Amendments to Council Directive 92/43/EEC is inserted |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Pilar del Castillo Vera, Massimiliano Salini, Wouter Beke, Letizia Moratti
| Text proposed by the Commission | Amendment |
|---|---|
| Article3c | |
| Council Directive 92/43/EEC is amended as follows: | |
| In Article 16, a new paragraph 1a is inserted: "1a. Incidental capture, killing or disturbance of specimens of species listed in Annex IV(a), resulting from the planning, construction, repowering, operation or maintenance of energy infrastructure projects authorised in accordance with Union and national law, shall not be considered deliberate within the meaning of Article 12(1), provided that appropriate mitigation measures are applied and that the project does not jeopardise the maintenance of the populations of the species concerned at a favourable conservation status in their natural range. " |
The amendment clarifies that incidental capture, killing or disturbance linked to authorised energy infrastructure projects should not be considered deliberate where appropriate mitigation measures are applied and the conservation status of the species concerned is maintained. This ensures a proportionate balance between species protection and the timely deployment of energy infrastructure.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3c | |
| Article 6 - Amendments to Directive 2000/60/EC is inserted |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Pilar del Castillo Vera, Massimiliano Salini, Wouter Beke, Aura Salla, Letizia Moratti
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3d | |
| Council Directive 92/43/EEC is amended as follows: | |
| The following paragraph 3a is inserted in Article 2: | |
| "3a. Until climate neutrality is achieved and by way of derogation from paragraphs 1 and 2, energy transition projects such as the planning, construction and operation of energy infrastructure projects, as well as the refurbishment, modernisation, repowering, repurposement and expansion of energy infrastructure including electricity networks, grid development, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, recharging pools and generation plants shall take precedence over the conservation objectives set out in those paragraphs. " |
The amendment clarifies that energy transition projects necessary for decarbonisation, electrification and security of energy supply constitute an overriding public interest of strategic importance for the Union. It ensures that the implementation of the Directive takes into account the urgent need to accelerate the deployment and modernisation of energy infrastructure required to achieve climate neutrality.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3d | |
| Article 7 - Amendments to Directive 2011/92/EU |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Wouter Beke, Marion Walsmann, Pilar del Castillo Vera, Letizia Moratti, Aura Salla, Eva Maydell, Massimiliano Salini
| Present text | Amendment |
|---|---|
| Article 3 e (new) | |
| Council Directive 92/43/EEC is amended as follows: In Article 16, paragraph 1 point c is replaced by the following: | |
| (c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; | "(c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature, those set out in Article 2(4), and beneficial consequences of primary importance for the environment;" |
The amendment clarifies that energy transition projects necessary for decarbonisation, electrification and security of energy supply constitute an overriding public interest of strategic importance for the Union. It ensures that the implementation of the Directive takes into account the urgent need to accelerate the deployment and modernisation of energy infrastructure required to achieve climate neutrality.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3f | |
| Article 8 - Amendments to REGULATION (EU) 2024/1991 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Eva Maydell, Susana Solís Pérez, Marion Walsmann, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Aura Salla, Wouter Beke
| Present text | Amendment |
|---|---|
| Article 3 f (new) | |
| Directive 2004/35/EC is amended as follows: Article 8 - paragraph 4 is replaced by the following: | |
| ;4. The Member States may allow the operator not to bear the cost of remedial actions taken pursuant to this Directive where he demonstrates that he was not at fault or negligent and that the environmental damage was caused by:(a) an emission or event expressly authorised by, and fully in accordance with the conditions of, an authorisation conferred by or given under applicable national laws and regulations which implement those legislative measures adopted by the Community specified in Annex III, as applied at the date of the emission or event | "4. The Member States may allow the operator not to bear the cost of remedial actions taken pursuant to this Directive where he demonstrates that he was not at fault or negligent and that the environmental damage was caused by: (a) an emission or event or energy transition and infrastructure project expressly authorised by, and fully in accordance with the conditions of, an authorisation conferred by or given under applicable national laws and regulations which implement those legislative measures adopted by the Community specified in Annex III, as applied at the date of the emission or event;" |
Energy transition and infrastructure projects require legal certainty where they have been expressly authorised and fully comply with permit conditions. Operators should not bear additional remediation costs for authorised impacts assessed in the permitting procedure, provided there is no fault or negligence. This supports renewable energy, grids and storage deployment while preserving environmental safeguards and liability for non-compliance.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke, Marion Walsmann, Aura Salla
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3g | |
| Directive 2000/60/EC is amended as follows: The following Article 4, paragraph 8a is inserted: | |
| "Until climate neutrality is achieved and by way of derogation from paragraph 7, Member States shall not be in breach of this Directive where failure to achieve or maintain the objectives set out in paragraph 1 results from energy transition and infras tructure projects such as the planning, construction and operation of energy infrastructure projects, as well as the refurbishment, modernisation, repowering, repurposement and expansion of energy infrastructure including electricity networks, grid development, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, recharging pools and generation plants shall take precedence over the conservation objectives set out in those paragraphs. The conditions set out in paragraph 7(c) and in paragraph 7(d) shall not apply to energy transition and infrastructure projects falling within the scope of this paragraph." |
The amendment recognises the overriding public interest of energy transition and infrastructure projects necessary for achieving climate neutrality, electrification and security of energy supply. It provides greater legal certainty for the development and modernisation of strategic energy infrastructure by clarifying the application of the Water Framework Directive to such projects and by avoiding disproportionate constraints that could delay the Union’s energy transition objectives.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3h | |
| Directive 2009/31/EC is amended as follows: The following Article 1, paragraph 2a (new) is inserted: "Until climate neutrality is achieved, CO₂ transport and storage infrastructure projects shall be presumed to be in the overriding public interest. Member States shall ensure that permit-granting procedures for CO₂ transport and storage infrastructure are streamlined and prioritised. " |
The amendment recognises the strategic importance of CO₂ transport and storage infrastructure for achieving climate neutrality and industrial decarbonisation. By clarifying their overriding public interest status and requiring streamlined permitting procedures, the amendment strengthens legal certainty and supports the timely deployment of carbon management infrastructure across the Union.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Marion Walsmann, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Aura Salla, Wouter Beke, Eva Maydell
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3i | |
| Directive 2011/92/EU is amended as follows: | |
| The following paragraph 4a is inserted in Article 4 : "Until climate neutrality is achieved, energy transition and infrastructure projects such as the planning, construction and operation of energy infrastructure projects, as well as the refurbishment, modernisation, repowering, repurposement and expansion of energy infrastructure including electricity networks, grid development, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, recharging pools and generation plants shall, for the purposes of screening under this Article, be presumed not to have significant effects on the environment within the meaning of paragraph 3." |
The amendment introduces a proportionate and targeted approach for screening energy transition and infrastructure projects under the EIA Directive. Given their strategic importance for climate neutrality, electrification and security of energy supply, such projects should benefit from a presumption that they are unlikely to have significant environmental effects at the screening stage, while preserving the possibility for competent authorities to address exceptional cases where justified.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3i | |
| Article 9 - Amendments to Directive 2004/35/EC |
Andrea Wechsler, Pilar del Castillo Vera, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Letizia Moratti, Massimiliano Salini, Wouter Beke, Aura Salla, Marion Walsmann
| Present text | Amendment |
|---|---|
| Article 3 j (new) | |
| Regulation (EU) 2024/1991 is amended as follows: Article 6, paragraph 1 is replaced by the following: | |
| 1. For the purposes of Article 4(14) and (15) and Article 5(11) and (12), the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself, and storage assets shall be presumed to be in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Article 4(14) and (15) and Article 5(11) and (12), provided that:(a)a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC of the European Parliament and of the Council (44); or(b)they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive 2011/92/EU of the European Parliament and of the Council (45). | "1. For the purposes of Article 4(14) and (15) and Article 5(11) and (12), energy transition and infrastructure projects such as the planning, construction and operation of energy infrastructure projects, as well as the refurbishment, modernisation, repowering, repurposement and expansion of energy infrastructure including electricity networks, grid development, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, recharging pools and generation plants the shall be presumed to be in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Article 4(14) and (15) and Article 5(11) and (12), provided that: (a) a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC of the European Parliament and of the Council (44); or (b) they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive 2011/92/EU of the European Parliament and of the Council (45)." |
The amendment ensures that restoration measures in urban ecosystems remain compatible with the deployment and modernisation of energy infrastructure necessary for decarbonisation, electrification and security of energy supply. It provides greater legal certainty and avoids disproportionate restrictions affecting projects essential for the Union’s climate neutrality objectives.
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3j | |
| Article 10 - Amendments to Directive 2008/56/EC |
Andrea Wechsler, Christian Ehler, Letizia Moratti, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Massimiliano Salini, Wouter Beke, Aura Salla, Pilar del Castillo Vera, Angelika Niebler
| Present text | Amendment |
|---|---|
| Article 3 k (new) | |
| Regulation (EU) 2024/1991 is amended as follows: Article 6, paragraph 2 is replaced by the following: | |
| 2. Member States may restrict in duly justified and specific circumstances the application of paragraph 1 to certain parts of their territory as well as to certain types of technologies or to projects with certain technical characteristics in accordance with the priorities set in their integrated national energy and climate plans pursuant to Regulation (EU) 2018/1999.If Member States apply restrictions pursuant to the first subparagraph, they shall inform the Commission about those restrictions and justify them. | "2. For the purposes of Article 4 and Article 5, a temporary deterioration of habitat types or habitats of species caused by energy transition and infrastructure projects referred to in paragraph 1 shall not be considered a significant deterioration, provided that such deterioration is strictly limited in time and space, is technically unavoidable, and that appropriate mitigation and, where necessary, restoration measures are put in place to ensure that the ecological condition of the affected area is restored within a clearly defined timeframe and that the achievement of the targets and objectives of this Regulation is not jeopardised." |
Energy transition and infrastructure projects may cause temporary, localised and unavoidable impacts during construction or maintenance. Such reversible impacts should not be treated as significant deterioration, provided that mitigation or restoration measures ensure recovery within a defined timeframe and the Regulation’s objectives are not jeopardised.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3l | |
| Article 11- Amendments to 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Pilar del Castillo Vera, Massimiliano Salini, Wouter Beke, Aura Salla, Letizia Moratti
| Present text | Amendment |
|---|---|
| Article 3 l (new) | |
| Directive 2008/56/EC is amended as follows: Article 14, paragraph 1 is replaced by the following: | |
| 1. A Member State may identify instances within its marine waters where, for any of the reasons listed under points (a) to (d), the environmental targets or good environmental status cannot be achieved in every aspect through measures taken by that Member State, or, for reasons referred to under point (e), they cannot be achieved within the time schedule concerned:(a) action or inaction for which the Member State concerned is not responsible;(b) natural causes;(c) force majeure;(d) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest which outweigh the negative impact on the environment, including any transboundary impact;(e) natural conditions which do not allow timely improvement in the status of the marine waters concerned. The Member State concerned shall identify such instances clearly in its programme of measures and shall substantiate its view to the Commission. In identifying instances a Member State shall consider the consequences for Member States in the marine region or subregion concerned. However, the Member State concerned shall take appropriate ad-hoc measures aiming to continue pursuing the environmental targets, to prevent further deterioration in the status of the marine waters affected for reasons identified under points (b), (c) or (d) and to mitigate the adverse impact at the level of the marine region or subregion concerned or in the marine waters of other Member States. | "1. A Member State may identify instances within its marine waters where, for any of the reasons listed under points (a) to (d), the environmental targets or good environmental status cannot be achieved in every aspect through measures taken by that Member State, or, for reasons referred to under point (e), they cannot be achieved within the time schedule concerned: (a) action or inaction for which the Member State concerned is not responsible; (b) natural causes; (c) force majeure; (d) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest, including energy transition and infrastructure projects necessary for the generation, conversion, transport, storage and system integration of energy, including electricity networks, gas and hydrogen infrastructure, CO₂ transport and storage infrastructure, energy storage facilities, and generation plants contributing to or supporting the transition towards climate neutrality, as well as the connection of such infrastructure to the grid, which outweigh the negative impact on the environment, including any transboundary impact; (e) natural conditions which do not allow timely improvement in the status of the marine waters concerned. (f) energy transition or energy infrastructure projects aiming at facilitating the achievement of towards climate neutrality, resilience and security. The Member State concerned shall identify such instances clearly in its programme of measures and shall substantiate its view to the Commission. In identifying instances a Member State shall consider the consequences for Member States in the marine region or subregion concerned." |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3m | |
| Permit-granting procedure | |
| Directive 2009/31/EC is amended as follows: | |
| The following Article 6a (new) is inserted: "Member States shall ensure that the permit-granting procedure for CO₂ storage sites and related transport infrastructure does not exceed: (a) 24 months for new CO₂ storage sites and related transport infrastructure; (b) 12 months for the expansion, refurbishment, modernisation or repurposing of existing CO₂ storage infrastructure. Exceptional extensions of at most 6 months shall be duly justified and limited to objectively necessary cases. Member States shall designate a single competent authority or single contact point responsible for facilitating and coordinating the permit-granting procedure. Member States may establish a point in time after which new environmental information shall be disregarded by the competent authority (“cut-off date”) within the permit-granting process in this Article. " |
Andrea Wechsler, Christian Ehler, Angelika Niebler, Susana Solís Pérez, Eva Maydell, Marion Walsmann, Aura Salla, Pilar del Castillo Vera, Letizia Moratti, Massimiliano Salini, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article3n | |
| Article 5 - Amendments to Directive 2009/147/EC is inserted; |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after its adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, while those measures shall not be able to directly or indirectly impose changes to their national energy mix, nor affect their administrative organisation, their national spatial planning procedures or power to choose between different energy sources, in accordance with Article 194(2) TFEU. They shall communicate to the Commission the text of those provisions. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after its adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after its adoption] except for obligations in relation to the set-up of a Single Digital Portal under Article 1 of this Directive by two years after its adoption at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
The amendment introduces a more ambitious transposition timeline in order to ensure the timely implementation of the Directive and to accelerate the deployment of energy infrastructure. Shortening the general deadline strengthens the effectiveness of the framework and provides a clearer signal for rapid administrative adaptation at national level. At the same time, a differentiated approach is maintained for more complex obligations, such as the establishment of a single digital portal, where additional time may be required for proper implementation. This ensures that accelerated timelines remain realistic and do not compromise the quality or functionality of key administrative tools. The amendment therefore strikes a proportionate balance between urgency and feasibility, enhancing implementation while safeguarding effective and coherent application across Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after its adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after its adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. | This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. |
The amendment accelerates the entry into force of the Directive in order to ensure that its provisions can take effect without delay. Given the urgency of scaling up renewable energy and grid infrastructure, immediate applicability is essential to avoid further postponements in implementation. Advancing the entry into force strengthens the overall effectiveness of the Directive and provides an earlier legal basis for Member States to initiate necessary adjustments. It thereby supports a faster translation of legislative objectives into practical outcomes. The amendment is proportionate, as it does not alter substantive obligations but merely ensures their timely activation, contributing to a more rapid and efficient rollout of the measures envisaged.
Connections
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 524 - 770 - Draft report Amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures”. Text, 27 May 2026. docId ITRE-AM-788845. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788845 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-AM-788845 (CC BY 4.0).
BibTeX
@misc{epw-text-itre-am-788845,
author = {{European Parliament}},
title = {{AMENDMENTS 524 - 770 - Draft report Amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures}},
year = {2026},
date = {2026-05-27},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788845}},
url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-788845},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ITRE-AM-788845. Data: EP Open Data API: document record (CC BY 4.0)}
}