Changes from report parliamentary committee draft to plenary report

Added(b) ensure that authorisation procedures, including all relevant procedures of the competent authorities, do not exceed one year for distribution system infrastructure, and two years for transmission system infrastructure, except when duly justified on the grounds of 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;

Added(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;

Added(d) ensure that the publication of final decisions includes decision granted tacitly following the lack of reply by the relevant competent authorities or entities;

Added(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.

Added3a. National regulatory authorities (NRAs) shall ensure that the duration of their authorisation procedures and remuneration methodology calculation procedures for proposed new distribution and transmission grid projects does not extend beyond the deadline set out in paragraph 3, point (b), applicable to authorisation procedures carried out by competent authorities.

Added4. 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.

AddedThe contact points may be the same as the national competent authorities referred to in Article 8 of Regulation (EU) 2022/869 or the contact points referred to in Article 16 of Directive (EU) 2018/2001.

Added5. Where Member States implement a system of authorisation for transmission or distribution system infrastructure for electricity, Member States shall ensure that, where any studies, reports and documentation required for the procedure are missing from the applications, the competent national authorities, in cooperation with other relevant authorities, request the necessary materials from the developer, specifying their scope and level of detail, within three months from the application. Within the same three-month period, the national competent authority shall inform the developer whether the presumptions under paragraph 10 do not apply to the project. After that period, neither the competent authority nor any other relevant authority 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 upon which determinations were based no longer appropriate. Where such material change has occurred the national competent authority shall provide the project promoter with a well-reasoned justification for the request for additional information.

Added6. The time limit established in paragraph 3 of this Article shall apply without prejudice to obligations under applicable Union 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.

Added7. This Article shall apply without affecting Articles 7 to 10 of Regulation (EU) 2022/869 and Article 15 and Articles 15b to 17 of Directive (EU) 2018/2001.

Added8. 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 and repowering 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, 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. Member States shall ensure that those projects are also given priority when balancing legal interests other than those referred to in this paragraph. Member 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.

Added9. 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 electricity transmission and electricity distribution system infrastructure, provided that such refurbishment, modernisation or repowering does not entail the use of significant additional land surface, except for the temporary additional use of space needed during the works, and the height of the electricity transmission and distribution system infrastructure 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(a) the environmental impact assessment pursuant to Article 2(1) of Directive 2011/92/EU;

Added(b) an assessment of their implications for Natura 2000 sites pursuant to Article 6(3) of Directive 92/43/EEC;

Added(c) 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;

Added(d) the screening pursuant to Article 5 of Regulation [xxxxx] of the European Parliament and of the Council.

AddedAny additional land use, including temporary land use, shall be limited to what is strictly necessary for the technical and functional requirements of the refurbishment, modernisation, or repowering of existing electricity transmission and distribution system infrastructure. Where a screening process, determination or an environmental impact assessment is required for such refurbishment, modernisation or repowering, such screening, determination or impact assessment shall be limited to the potential impact arising from a change or extension compared to the original project.

AddedThose 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.

AddedMember 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.

Added10. Under justified circumstances, Member States may also apply the exemptions referred to in paragraph 9 to the construction of new electricity 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.

AddedThose exemptions shall not apply to the construction of new distribution 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.

AddedWhere 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.

AddedMember 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.

Added11. The planning, construction and operation of transmission and distribution 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.

Added11a. Where competent authorities assess whether the planning, construction and operation of transmission and distribution system infrastructure are 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 transmission and distribution projects or parts thereof that are not in direct contact with the land or a water body, including overhead transmission and distribution system infrastructure projects are usually unlikely to result in such deterioration and thus impacts can be presumed to be negligible 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.

Added12. 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.

Added13. To manage authorisations within the meaning of paragraph 1, Member States shall ensure that digital platforms are in place to manage applications, the associated process, and ongoing decisions.

AddedThose 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.’;

Added(2) the following Article 8a is inserted:

Added‘Article 8a Absence of alternative or satisfactory solutions and implementation of compensatory measures for the purpose of Article 6(4) of Directive 92/43/EEC

Added14. 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.

Added15. 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.’;

Added(2a) in Article 38, the following paragraph is added:

Added‘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 pursuant to Article 4 are guaranteed and at least one of the following conditions is fulfilled:

Addeda) 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

Addedb) 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.’;

Added(3) the following Article 40a is inserted:

Added‘Article 40a Network development and powers to make investment decisions

Added1. At least every two years, all transmission system operators shall submit to the regulatory authority or any other competent authority of a Member State 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 security of supply, energy independence, energy affordability and achievement of the national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999. The transmission system operator shall publish the ten-year network development plan on its website.

AddedMember States shall endeavour to ensure coordinated planning steps of the respective ten-year network development plans for natural gas, hydrogen and electricity.

Added2. The ten-year network development plan shall in particular:

Added(a) indicate to market participants the main transmission infrastructure that needs to be built or upgraded over the next ten years and next fifteen years, considering the potential of anticipatory investments to accommodate future system needs;

Added(b) consider with priority use of non-fossil flexibility resources pursuant to Regulation (EU) 2019/943, non-wire solutions pursuant to a Regulation on guidelines for trans-European energy infrastructure and other alternatives to system expansion;

Added(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 Council, which shall be consistent with Article 11 of a Regulation on guidelines for trans-European energy infrastructure [TEN-E Regulation as proposed by COM(2025)xxxx] and any sensitivities developed in accordance with a Regulation on guidelines for trans-European energy infrastructure;

Added(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 Council;

Added(e) contain all the investments already decided and identify new investments which have to be executed in the next three years;

Added(f) provide for a time frame for all investment projects;

Added(fa) include an estimate of labour needs, including training, reskilling and upskilling.

AddedWith regard to anticipatory investments referred to in point (a) of the first subparagraph, such investment shall be justified by expected long-term system benefits and subject to regulatory scrutiny.

Added2a. 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.

Added3. 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.

Added4. 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.

Added5. 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.

Added6. 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.

AddedThe 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.

Added7. The regulatory authority shall monitor and evaluate the implementation of the ten-year network development plan.

Added8. 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:

Added(a) to require the transmission system operator to execute the investments in question;

Added(b) to organise a tender procedure open to any investors for the investment in question; or

Added(c) to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.