Changes from report parliamentary committee draft to plenary report

Added‘1. Member States shall ensure that the permit-granting procedure for the installation of heat pumps below 50 MW shall not exceed one month. However, in the case of ground source heat pumps, the permit-granting procedure shall not exceed three months. Member States shall ensure that the lack of reply by the relevant competent authorities or entities within the established deadlines in the permit-granting procedure results in the specific steps to be considered as approved.’

Added(8) Article 16f is replaced by the following:

Added▌

Added‘By 21 February 2024, until climate neutrality is achieved, Member States shall ensure that, in the permit-granting procedure, the planning, construction and operation of renewable energy plants, the connection of such plants to the grid, the related grid itself, and storage assets 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, Directive 2008/56/EC, in particular Article 14(1) point (d), thereof and Regulation (EU) 2024/1991, in particular Articles 4(14), 4(15), 5(11), 5(12) and Article 6(1) thereof.

AddedUntil climate neutrality is achieved, Member States shall ensure that, in the permit-granting procedure, the planning, construction and operation, refurbishment, modernisation, hybridisation and repowering of plants and installations for the production of energy from renewable sources, and their connection to the grid, including the injection of biomethane into the closest existing grid connection point, the related grid itself, storage assets, recharging stations and recharging pools are presumed as being in the overriding public interest and serving public health and safety and, in such cases, those projects shall be given priority when balancing legal interests other than those referred to in the first paragraph.

AddedMember States may exclude the application of this presumption only in duly justified cases where this is strictly necessary and proportionate for the purpose of protecting formally designated cultural heritage. Any such exclusion shall be based on clear, objective and proportionate legal criteria and shall not go beyond what is necessary to protect the cultural heritage.’;

Added(9) the following Articles 16g to 16k are inserted:

Added‘Article 16g Absence of alternative or satisfactory solutions and implementation of compensatory measures for the purpose of Article 6(4) of Directive 92/43/EEC

Added1. When assessing whether satisfactory alternative solutions to projects of renewable energy plants, the connection of such plants to the grid, the related grid itself and storage assets exist for the purposes of Articles 6(4) and 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 if 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 renewable energy capacity through the same energy technology within the same or similar timeframe and without resulting in significantly higher costs.

Added2. When implementing compensatory measures for projects of renewable energy plants, the connection of such plants to the grid, the related grid itself and storage assets, 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 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 shall 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.

AddedArticle 16h Permit-granting procedure for stand-alone energy storage other than hydrogen storage

Added1. The permit-granting procedure for stand-alone energy storage, other than hydrogen storage, shall cover all relevant administrative permits to build, repower and operate stand-alone storage, including grid connection permits or agreements and, where required, environmental assessments and permits. The permit-granting procedure shall comprise all administrative stages from the acknowledgment of the completeness of the permit application to the notification of the final decision on the outcome of the permit-granting procedure by the relevant competent authority or authorities. Within 30 days of receipt of an application for a permit, the competent authority shall acknowledge the completeness of the application or, if the applicant has not sent all the information required to process the application, request that the applicant submit a complete application without undue delay. The date of acknowledgement of the completeness of the application by the competent authority shall serve as the start of the permit-granting procedure.

Added2. Member States shall not require any administrative permit, including environmental ones, with the exception of grid connection permits or agreements for the installation of stand-alone storage, other than hydrogen storage, with a total installed capacity of 200 kW. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of that storage shall be exempt from the requirement applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. Member States shall restrict the application of this subparagraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. Member States shall monitor the application of this paragraph and shall take appropriate measures where there are objective indications that cumulation of installations benefiting from the exemption referred to in this paragraph give rise to likely significant adverse effects on the environment.

Added3. Member States shall ensure that the permit-granting procedures, including grid connection permits or agreements and, where required, environmental assessments, shall not exceed six months for stand-alone energy storage, other than hydrogen storage, with a total installed capacity above 200 kW. However, in the case of pumped hydropower storage, the permit-granting procedure shall not exceed two years.

Added3a. The planning, construction and operation of stand-alone energy storage other than hydrogen storage, necessary to integrate renewable energy into the electricity 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 Council Directive 92/43/EEC.

Added1. The permit-granting procedure for recharging stations or recharging pools shall cover all relevant administrative permits to build, repower and operate recharging stations including grid connection permits and, where required, environmental assessments and permits. The permit-granting procedure shall comprise all administrative stages from the acknowledgment of the completeness of the permit application to the notification of the final decision on the outcome of the permit-granting procedure by the relevant competent authority or authorities. Within 30 days of receipt of an application for a permit, the competent authority shall acknowledge the completeness of the application or, if the applicant has not sent all the information required to process the application, request that the applicant submit a complete application without undue delay. The date of acknowledgement of the completeness of the application by the competent authority shall serve as the start of the permit-granting procedure.

Added2. Member States shall not require any administrative permit, including on environmental aspects, with the exception of grid connection permits or agreements, for the installation of recharging stations or recharging pools which share the same grid connection point with a total installed capacity of 200 kW or less. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of those stations shall be exempt from the requirement, where applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. Member States shall restrict the application of this subparagraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. Member States shall monitor the application of this paragraph and shall take appropriate measures where there are objective indications that cumulation of installations benefiting from the exemption referred to in this paragraph give rise to likely significant adverse effects on the environment.

Added2a. Member States shall not require any administrative permit or agreement, including on environmental aspects, with the exception of grid connection permits, for the installation of recharging pools with a total installed capacity of 1MW or less in existing or future artificial structures, provided that the primary aim of such artificial structures is not the installations of recharging stations or recharging pools, such as existing petrol stations or parkings. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of those stations shall be exempt from the requirement to carry out a dedicated environmental impact assessment. 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.

Added3. Member States shall ensure that the permit-granting procedures, including grid connection permits and, where required, environmental assessments, shall not exceed six months for recharging stations or recharging pools which share the same grid connection point with a total installed capacity above 200 kW.

Added3a. The planning, construction and operation of recharging stations 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 Council Directive 92/43/EEC

AddedArticle 16j Permit-granting procedure for the hybridisation of renewable energy plants or recharging stations or recharging pools

Added1. Where the hybridisation of a renewable energy power plant, including biogas and biomethane plants, or a recharging station or a recharging pool is subject to a screening process pursuant to Article 16a(4), to a determination whether the project requires an environmental impact assessment or to an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU, such a screening process, determination or environmental impact assessment shall be limited to the potential impact arising from the addition compared to the original project.

Added2. In cases of change of the use status of land on which renewable energy projects or recharging stations or recharging pools are installed, Member States shall ensure that the operation and hybridisation of those renewable energy projects, including the biogas and biomethane plants, can still occur.’;

Added(10) Article 17 is replaced by the following:

Added‘Article 17 Procedures for grid connection permits or agreements

Added1. Member States shall ensure that the procedures for the grid connection permit or agreement do not exceed:

Added(a) three months for the solar energy equipment and co-located energy storage referred to in Articles 16d(2), the stand-alone energy storage referred to in Article 16h(2), and the recharging stations or recharging pools referred to in Article 16i(2);

Added(aa) three months for the recharging stations or recharging pools referred to in Article 16i(2a);

Added(b) three months for the installation of the solar energy equipment and co-located energy storage referred to in Article 16d(1), and the repowering or hybridisation of existing renewable energy plants referred to in Articles 16c and 16j, unless there are justified safety concerns or there is technical incompatibility of the system components or, if due to the size of the capacity increase, more time is required to carry out the assessment;

Added(ba) six months for installations referred to in Article 16a(1) and nine months for offshore renewable energy projects in renewable acceleration areas; nine months for installations referred to in Article 16b(1) and one year for offshore wind energy projects outside renewable acceleration areas;

Added2. Within the deadlines set out in Articles 16h(3), 16i(3) and paragraph 1 of this Article, the system operator shall offer the following options provided that it has received sufficient information from relevant transmission system operators on available capacity at connection points regardless of whether such information is used for supply or feed-in:

Added(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 shall grant the connection, or

Added(b) where there is insufficient grid capacity, or with the consent of the applicant, the system operator shall, where technically possible and on justified grounds of safety concerns, offer simultaneously a flexible connection agreement in accordance with Article 6a of Directive (EU) 2019/944, an alternative grid connection point and an alternative provisional date for the grid connection.

Added2a. System operators shall ensure that the data underpinning their decisions is transparent and comprehensible, in accordance with Articles 31(3) and 40(1)(g) of Directive (EU) 2019/944.

Added3. Only where a proposal for an agreement referred to in paragraph 2, point (b), is rejected by the project developer, and where requested connection would endanger the security of grid operations in a manner that cannot be mitigated through non-market-based redispatch, or where there is technical incompatibility among system components, the system operator may reject the connection request.

Added4. 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 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.

Added4a. Where a full grid connection capacity pursuant to paragraph 2 cannot be provided by the system operator, the system operator shall 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.

AddedDirective (EU) 2019/944 is amended as follows:

Added(-1) in Article 2, the following point is added:

Added‘(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(-1a) in Article 6, the following paragraph is added:

Added‘3a. By … [6 months from the date of entry into force of this amending Directive] Member States shall establish clear, transparent, and predictable criteria for prioritising 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.

AddedWhen establishing those criteria, Member States shall take into account the recommendation by the Commission laid down in its Guidance on efficient and timely grid connections (C/2025/6703).’;

Added(1) Article 8 is replaced by the following:

Added‘Article 8 Authorisation procedure

Added1. In circumstances where an authorisation, such as a licence, permission, concession, consent or approval, is required for the construction or operation, refurbishment, modernisation or repowering of transmission or distribution system infrastructure for electricity, or associated equipment, or for the construction of new generating capacity, Member States, or any competent authority they designate, or, where applicable, regional governments 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.

Added2. Member States that implement a system of authorisation shall:

Added(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.

Added(b) make public the criteria and procedures for granting authorisations and any amendments thereto;

Added(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;

Added(d) ensure that authorisation procedures take into account the necessity, or lack thereof, for conducting assessments in accordance with Council Directive 92/43/EEC and Directives 2000/60/EC, 2001/42/EC, 2009/147/EC, Directive 2011/92/EU;

Added(e) ensure the existence of specific, simplified and streamlined authorisation procedures for small decentralised and/or distributed generation including renewable energy communities and citizens energy communities and distribution system infrastructure, taking into account their limited size and potential impact;

Added(f) ensure that guidelines for those specific authorisation procedures are established and revised by regulatory authorities or other competent national authorities, including planning authorities, which may recommend amendments;

Added(g) ensure that all decisions are made publicly available;

Added(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;

Added(i) ensure that competent national authorities have adequate technical, financial and human resources to render a decision, on the authorisation within the applicable timeframes;

AddedTo 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 shall take appropriate measures to address any gaps identified, including through targeted recruitment and the upskilling and reskilling of staff.

AddedThe Commission shall evaluate the progress made by Member States and publish its evaluation. In the absence of progress, the Commission may propose measures to support Member States in their implementation by assisting them in reforming and streamlining their permitting procedures.

Added3. Where Member States implement a system of authorisation for transmission or distribution system infrastructure for electricity, Member States shall also:

Added(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;