Changes from report parliamentary committee draft to plenary report

Added(25) Due to the urgency in deploying energy infrastructure, the importance of streamlining authorisation procedures and the fact that environmental assessments represent the step with the longest duration in authorisation procedures, it matters to minimise such assessments without jeopardising the protection of the environment. The refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, are projects which generally entail minimal environmental impacts. Refurbishment, modernisation or repowering projects are routinely of limited size and affect only part of existing assets for which environmental impacts have been previously assessed. As a result, the impacts of such projects are often limited to those of construction works, with the operation of the asset having the same, or even a lesser, impact than the operation of the project it targeted. Distribution systems on the other hand, due to the smaller size of their projects, lower voltage of their assets and tendency to be developed in built areas closer to consumers tend not to have significant environmental impacts. As such, to accelerate the deployment of the electricity system infrastructure, enable the electrification of industry and digitalisation of the economy and achieve climate neutrality and renewable energy targets, Member States should be allowed to justifiably exempt, under certain conditions, the projects mentioned in this recital from environmental impact assessments and appropriate assessments and the assessment of their implications on species protection pursuant to Article 12(1) of Directive 92/43/EEC and to Article 5 of Directive 2009/147/EC.

RemovedArticle 1 – paragraph 1 – point 10, Article 17 – paragraph 2 – point a: (a) where there is sufficient grid capacity and the requested connection does not endanger grid stability, reliability and safety, the system operator shall accept the requested grid connection and grant the connection,

Added(25a) One of the environmental assessments contributing to long authorisation procedures when deploying electricity infrastructure is the assessment mandated under Directive 2000/60/EC. In order to significantly speed up the authorisation procedure without jeopardising the protection of the environment, transmission and distribution projects or parts thereof that are not in direct contact with the land or a water body, it should be possible for those projects to be exempted from these assessments, provided that mitigation measures constitute an inherent component of the project.

RemovedDirective (EU) 2018/2001

Added(26) The benefits of the deployment of electricity infrastructure, stand-alone energy storage, recharging station or recharging pools and hydrogen system infrastructure in terms of nitrogen emission reductions largely exceed the cost of the small and temporary emissions that result from their construction. As such, Member States should ensure that the quick deployment of electricity infrastructure is in no way limited by the temporary emissions that result from their construction.

RemovedArticle 1 – paragraph 1 – point 10, Article 17 – paragraph 2 – point b: (b) where there is insufficient grid capacity, the system operator shall propose, where technically possible, a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944 or, on justified grounds of safety concerns or technical incompatibility of the system components, an alternative grid connection point, and an alternative provisional date for the grid connection.

Added(26a) Long-term planning for a decarbonised energy system requires coordination between electricity, gas and hydrogen networks, and carbon dioxide transport and storage infrastructure. As carbon dioxide infrastructure supports hydrogen production and can help industrial decarbonisation, future Union measures should take into consideration the long-term reduction of nitrogen associated with the construction of such infrastructure in a consistent manner with the permit-granting procedures set out in this Directive.

RemovedDirective (EU) 2018/2001

Added(27) National transmission network planning reflecting developments in climate and energy policy and related changes in consumption and generation is critical for success of a smart and cost-effective electrification and for achieving the national and Union energy targets as a whole. However, existing requirements under Article 51 of Directive (EU) 2019/944 only applied to certain transmission system operators and did not provide for sufficiently long period of planning to account for anticipatory investment. It is important that transmission system expansion consider at least fifteen years' time horizon, and considers with priority use of non-fossil flexibility, non-wire solutions and other alternatives to system expansion, is based on a joint scenario developed with other system operators across sectors and is aligned with the central scenario under the Union-wide ten-years network development plan. To ensure transparency and incorporate grid users, including generation, industry, data and transport sectors better in the network planning, link to Article 55 of Directive (EU) 2024/1788 also requires their early consultation during the joint scenario development process to allow anticipatory investment.

RemovedArticle 1 – paragraph 1 – point 10, Article 17 – paragraph 3: 3. Only 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 reject the connection request.

Added(27a) The legally binding ‘energy efficiency first’ principle is to be applied consistently to grid infrastructure planning to maximise the use of existing grid infrastructure in the most cost-effective way. Grid-enhancing technologies, hardware and software solutions that increase the capacity and efficiency of transmission infrastructure can deliver 20 to 40% additional capacity gains using existing infrastructure.

RemovedDirective (EU) 2018/2001

Added(28) In view of the amendments to Directives (EU) 2018/2001 and (EU) 2019/944, as well as the parallel amendments to Regulation (EU) 2022/869, the Commission should introduce a unified approach to the permit-granting procedures of energy projects. While Directive (EU) 2024/1788 introduces measures to simplify and streamline administrative permit-granting procedures a targeted amendment is required to ensure a harmonised approach and that a consistent framework is deployed at the Union level.

RemovedArticle 1 – paragraph 1 – point 10, Article 17 – paragraph 4: 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 for installations that already have an existing connection to the distribution grid, provided there are no technical incompatibilities of the system components and that the requested capacity of the new solar energy equipment, the energy storage or the recharging stations does not exceed the available existing capacity of the connection to the distribution grid. Where duly justified on the grounds of extraordinary circumstances proven to be beyond the control of the distribution system operator, they may extend the period by up to one month.

Added(29) Lack of resources in national authorities and the limited digitalisation of permitting procedures results in delays in the permitting of natural gas facilities, hydrogen production facilities, and hydrogen system infrastructure. Member States should ensure that such authorities have adequate human, financial and technical resources, including skills and digital management tools and systems that enable them to render decisions within the deadlines provided in the Directive. To that end, Member States should make effective use of relevant Union funds.

RemovedDirective (EU) 2019/944

Added(30) To increase predictability and certainty over the duration and costs of authorisation procedures under Directive (EU) 2024/1788, requests for information and documentation from applicants should be concrete, specific and contained in time. As such Member States should ensure that national authorities request the relevant information to issue the permit from applicants within a pre-specified period counted from when the application is received and concretely determine the content and detail of any information or data requested. After such period, requests for information should be limited to missing information that had been previously identified or requested by the authority, or information that could not be requested before due to the fact that it relates to a material change in circumstances taking place after the project applied for an authorisation.

RemovedArticle 2 – paragraph – point -1 (new), Article 2 – point 60 a (new): (-1) In Article 2, the following point is inserted: / "(60a) ‘anticipatory investment’ means investment that proactively addresses expected developments, looking beyond immediate needs of generation or demand, assuming with sufficient level of certainty that new generation and demand will materialise, notwithstanding potential low utilisation in the short term."

Added(31) Regarding approval procedures under Directive (EU) 2024/1788, in line with the importance of ensuring the quick deployment of hydrogen facilities and hydrogen system infrastructure and the fulfilment of the deadlines established in that Directive Member States should ensure that, in jurisdictions where the concept of tacit approval exists under national law, it is applied to administrative decisions concerning such projects, except for environmental decisions. To guarantee the rights of third parties to judicial protection, the relevant authorities should make public all decisions adopted, including those that were tacitly adopted.

RemovedDirective (EU) 2019/944

Added(32) In the spirit of simplification, Member States may deem appropriate and more efficient to centralise the role of a single contact point under the obligation of Directive (EU) 2024/1788 in the national competent authorities referred to in Article 8 of Regulation (EU) 2022/869, as these authorities already perform such role in what concerns the permit-granting procedures of infrastructure projects of common interest and projects of mutual interest. When opting to merge such roles, Member States should pay particular attention to ensure the contact points are adequately staffed and enjoy of the resources and capacity necessary to perform the tasks under their responsibility.

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 2 – subparagraph 1 a (new): To that end, Member States shall identify capacity and staffing needs in authorities responsible for electricity grid planning and permitting, including relevant national, regional and local authorities, and take appropriate measures to address identified gaps, including through targeted recruitment and the upskilling and reskilling of staff.

Added(33) To improve efficiency, Member States should ensure the availability of digital platforms that facilitate the management of authorisations.

RemovedDirective (EU) 2019/944

Added(33a) Where a closed distribution system is used to ensure the optimal efficiency of an integrated supply that requires specific operational standards, or where a closed or geographically confined distribution system is maintained primarily for the use of the owner of the system or transmits only a limited amount of energy to a limited number of customers it should be possible to exempt the distribution system operator from obligations which would constitute an unnecessary administrative burden because of the particular nature of the relationship between the distribution system operator and the system users. A complete exemption from network regulation should be possible in the case of geographically confined distribution systems, if they have no significance for ensuring effective and undistorted competition in the electricity supply and Article 4 is guaranteed. Industrial sites, residential areas, commercial sites or shared services sites such as train station buildings, airports, hospitals, large camping sites with integrated facilities, and chemical industry sites could include closed or confined distribution systems,

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 2 – subparagraph 1 b (new): The Commission shall evaluate the progress made by Member States and publish its assessment. In the absence of progress, the Commission may propose corrective measures to support Member States in their implementation by assisting them in reforming and streamlining their permitting procedures.

AddedHAVE ADOPTED THIS DIRECTIVE:

RemovedDirective (EU) 2019/944

AddedDirective (EU) 2018/2001 is amended as follows:

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 2 – subparagraph 1 c (new): Member States shall make effective use of funding available under the National and Regional Partnership Plans (NRPP) to support this measure. In addition, Member States shall promote and facilitate access for relevant stakeholders to funding available under the European Competitiveness Fund, in particular under the policy window ‘Clean Transition and Industrial Decarbonisation’, and for relevant skills initiatives, to support this measure.

Added(1) in Article 2, second paragraph, the following points (10a) to (10fd) are inserted:

RemovedDirective (EU) 2019/944

Added(10b) ‘stand-alone energy storage’ means energy storage that is not combined with an energy-producing facility recharging stations or recharging pools;

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 2 – subparagraph 1 d (new): Where appropriate, Member States may introduce proportionate, non-discriminatory mechanism, such as a fee, from project developers or transmission and distribution operators, to support administrative capacity for permitting provided that such mechanisms are designed to avoid cost-passing to end-consumers and be cost-effective for project developers and system operators economically dependent on decisions taken by the national authorities. The mechanism shall be set up without prejudice to the organisation of Member States administrative structures and the allocation of competences under national law. Where such mechanisms are applied to electricity projects, Member States shall ensure consistency with the treatment of other sectors subject to comparable permitting requirements.

Added(10c) ‘recharging station’ means a recharging station as defined in Article 2, point (52), of Regulation (EU) 2023/1804;

RemovedDirective (EU) 2019/944

Added(10ca) ‘recharging pool’ means a recharging pool as defined in Article 2, point (51), of Regulation (EU) 2023/1804.

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 3 a (new): 3a. National regulatory authorities (NRAs) shall ensure that the duration of their authorisation and remuneration methodology calculation procedures for proposed new distribution and transmission grid projects does not extend beyond the deadline set out in Article 8(3), point (b), applicable to authorisation procedures carried out by Member State authorities.

Added(10d) ‘hybridisation’ means the conversion of a renewable energy plant that is not a hybrid plant into a hybrid plant behind the same connection point or the conversion of a recharging station or recharging pool that is not a hybrid recharging station or hybrid recharging pool into a hybrid recharging station or recharging pool;

RemovedDirective (EU) 2019/944

Added(10e) ‘hybrid plant’ means a renewable energy plant that combines multiple renewable energy technologies, or that combines one or more renewable energy technologies with energy storage and that is connected to the same grid connection point;

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 8 – subparagraph 1: 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, modernisation, 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.

Added(10f) ‘procedure for a grid connection permit’ or agreement means the result of the procedure from the project developer’s complete request for a connection to the grid up to the system operator’s decision on whether the project can be connected to the grid;

RemovedDirective (EU) 2019/944

Added(10fa) 'non-wire solutions' means 'non wire solutions' as defined in Article 2, point 19, of [TEN-E Regulation XX/XX];

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 9 – subparagraph 1 – introductory part: 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 that such refurbishment, modernisation or repowering does not entail the use of significant additional land surface and the height of the wind installations is not significantly increased, and provided that the refurbishment, modernisation or repowering complies with the applicable environmental mitigation measures established for the original installation, from:

Added(10fb) 'related grid’ means transmission and/or distribution system infrastructure which is necessary to integrate electricity flows to or from plants, generation facilities or storage installations into the electricity system;

RemovedDirective (EU) 2019/944

Added(10fc) ‘hybrid recharging station’ means a recharging station that combines a recharging station with energy storage and that is connected to the same grid connection point;

RemovedArticle 2 – paragraph 1 – point 1, Article 8 – paragraph 11 a (new): 11a. 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 be exempted from the assessments under Article 4(1) of Directive 2000/60/EC, provided that mitigation measures constitute an inherent component of the project.

Added(10fd) ‘share of the benefits of renewable energy projects’ means the equitable proportionate redistribution of economic benefits generated throughout all stages of the project lifecycle to local communities hosting or affected by renewable energy installations, including financial or ownership-based forms, such as participation in energy communities, as well as in-kind mechanisms, or other form of contributions to the local economy;

RemovedDirective (EU) 2019/944

Added(2) in Article 15c, the following paragraphs are added:

RemovedArticle 2 – paragraph 1 – point 3, Article 40a – paragraph 2 a (new): 2a. The energy efficiency first principle shall be applied across all planning frameworks to maximise the use of existing grid infrastructure. Non-wire solutions and grid optimisation measures, such as grid enhancing technologies, reconductoring, and storage, shall therefore be duly assessed before grid expansion decisions are taken.

Added‘6. A Member State may designate areas restricting the installation of renewable energy plants and infrastructure, provided that this Member State has fulfilled the mapping obligation referred to in Article 15b and has designated sufficient land surface for renewables acceleration pursuant to paragraph 3 of this Article. Member States shall not designate large areas where the installation of renewable energy plants and their related infrastructure such as grid or storage facilities is legally or de facto restricted due to environmental reasons, including protection of landscape, unless they can demonstrate that those types of plants and their related infrastructure would result in irreversible damage in the area which cannot be mitigated or compensated for during the environmental assessment pursuant to Directive 2011/92/EU and, where relevant, the appropriate assessment pursuant to Article 6(3) of Directive 92/43/EEC. The existing restricted areas already designated before … [the date of entry into force of this amending Directive] shall be reviewed by Member States when carrying out the next periodically review pursuant to Article 15b(4) and, where the conditions set out in this paragraph are not met, shall be repealed or amended accordingly.

RemovedDirective (EU) 2019/944

Added7. In defined renewables acceleration areas, related electricity transmission or distribution infrastructure shall benefit from the same permit granting procedures as renewable energy sources.’;

RemovedArticle 2 – paragraph 1 – point 3, Article 40a – paragraph 4: 4. When elaborating the ten-year network development plan, the transmission system operator shall fully take into account the potential for the use of demand response, energy storage facilities, non-wire solutions or grid enhancing technologies or other resources as alternatives to system expansion, as well as expected consumption, trade with other countries and investment plans for Union-wide and regional networks.

Added(3) in Article 15d, the following paragraphs ▌are added:

RemovedDirective (EU) 2024/1788