Changes from report parliamentary committee draft to plenary report

AddedWhere the project promoter intends to make significant changes to an approved concept for public participation, it shall inform the national competent authority thereof. In that case the national competent authority may request additional modifications.

Added5. Where it is not already required under national law, the project promoter shall carry out at least one early-stage public consultation, before the submission of the final and complete permitting application to the national competent authority pursuant to Article 10(10). The public consultation may be carried out in combination with any public consultation after submission of the request for development consent pursuant to Article 6(2) of Directive 2011/92/EU.

Added6. The public consultation required in the previous paragraph shall comply with the minimum requirements set out in point (5) of Annex VI and shall inform the stakeholders referred to in point (3)(a) of Annex VI about the project at an early stage and shall help to identify alternatives, the most suitable location, trajectory or technology, including, where relevant, in view of adequate climate change mitigation and adaptation and security considerations for the project, all impacts relevant under Union and national law, and the relevant issues to be addressed in the application file.

Added7. Without prejudice to the procedural and transparency rules in Member States, the project promoters shall publish on the website referred to in paragraph 10 a report summarising the results of activities related to public participation as regards the project including any activities pre-dating the early public consultation, and explaining how the opinions expressed in the public consultations were taken into account, showing the amendments made in the location, trajectory and design of the project, or providing reasons why such opinions have not been taken into account.

AddedThe project promoter shall submit the report together with the application file to the national competent authority. The comprehensive decision shall take due account of the result of this report and of the opinions expressed in the public consultations.

Added8. For cross-border projects involving two or more Member States, the public consultations carried out pursuant to paragraph 5 in each of the Member States concerned shall, to the extent possible, take place within a period of no more than two months from each other, and, where possible, be combined.

Added9. For projects likely to have a significant transboundary impact in one or more neighbouring Member States, to which Article 7 of Directive 2011/92/EU and the Espoo Convention are applicable, the relevant information shall be made available to the national competent authorities of the neighbouring Member States concerned. The national competent authorities of the neighbouring Member States concerned shall indicate, in the notification process where appropriate, whether they, or any other authority concerned, wishes to participate in the relevant public consultation procedures.

Added10. The project promoter shall establish and regularly update a dedicated project website with relevant information about the project of common interest, which shall be linked to the Commission website and the transparency platform referred to in Article 26 and which shall meet the requirements specified in point (6) of Annex VI. Commercially sensitive information shall be treated as confidential. National competent authorities shall check the fulfilment of this obligation by the project promoters and take measures ensuring compliance where necessary.

Added1. The permit-granting process shall provide for the following two procedures:

Added(a) the optional pre-application procedure, covering the period between the start of the permit-granting process and the acceptance of the submitted complete application file by the national competent authority, which shall take place within a maximum period of 18 months;

Added(b) the mandatory statutory permit-granting procedure, covering the period from the date of acceptance of the submitted complete application file until the date of the comprehensive decision, which shall not exceed 12 months.

AddedWith regard to the first subparagraph, point (b), where possible, Member States may provide for a statutory permit-granting procedure that is shorter than 18 months.

Added2. The national competent authority shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of 36 months.

AddedHowever, where the national competent authority considers that one or both of the procedures will not be completed within the time limits set out in paragraph 1, it may extend one or both of those time limits before their expiry and on a case-by-case basis. The national competent authority shall not extend the combined duration of the two procedures for more than six months other than in exceptional circumstances.

AddedWhere the national competent authority extends the time limits, it shall inform the Group concerned of the reasons for such extension and present it with the measures taken, or to be taken, for the conclusion of the permit-granting process, with the least possible delay. The Group may request that the national competent authority reports regularly on the progress achieved in that regard and provide reasons for any delays.

Added3. Member States shall ensure that the national competent authorities referred to in Article 8(1) have adequate technical, financial and human resources to render a comprehensive decision within the timeframe indicated in Article 10(2).

Added4. Member States shall ensure that, in the permit-granting procedure referred to in paragraph 1,:

Added(a) the lack of reply by the national competent authorities within the deadline established in paragraph 2 results in the comprehensive decision to be considered as approved;

Added(b) the lack of reply by other authorities concerned within the reasonable time limit established by a national competent authority in accordance with Article 8(3), results in their specific opinion, authorisation or permit to be considered as granted or answered positively.

AddedThis paragraph does not produce effects for environmental decisions, and where the

Addedprinciple of administrative tacit approval does not exist in the legal system of the

AddedMember State concerned.

AddedAll decisions shall be made publicly available, including final decisions granted

Addedtacitly following the lack of reply by the relevant competent authorities or authorities

Addedconcerned.

Added5. When requesting the start of the permit-granting process, the project promoters shall notify the project to the national competent authority of each Member State where the project is located, including in Member States where the project crosses their exclusive economic zone, in written or electronic form and include a reasonably detailed outline of the project.

AddedWithin one month of receipt of the notification, the national competent authority shall, in electronic form, either:

Added(a) issue an acknowledgement of the receipt; or

Added(b) if the project is not considered to be mature enough to enter the permit-granting process, reject the notification, and provide the reasons for its decision including on behalf of other authorities concerned.

AddedThe date of the acknowledgement of receipt shall mark the start of the permit-

Addedgranting process. Where two or more Member States are concerned, the date of the

Addedacceptance of the last notification by the national competent authority concerned

Addedshall mark the start of the permit-granting process.

AddedMember States shall ensure that dedicated digital platforms are established to

Addedmanage permitting applications, permitting processes, ongoing permitting decisions,

Addedand decisions issued in an easily accessible format.

AddedThose platforms shall provide access to the relevant environmental and geological

Addeddata and decisions available in the central online portal referred to in Article 10(3) of

AddedRegulation [xxxxx] of the European Parliament and of the Council.

Added6. National competent authorities shall ensure that the permit-granting process is accelerated in accordance with this Chapter for each category of projects of common interest and projects of mutual interest. To that end, the national competent authorities shall adapt their requirements for the start of the permit-granting process and for the acceptance of the complete application file, in accordance with the relevant project category, their nature, dimension, lack of requirement for environmental assessment, or any other assessments under national law, or the fact that they may require less authorisations and approvals to reach the ready-to-build phase.

AddedAs such, national competent authorities may decide that the pre-application procedure referred to in paragraphs 1 and 6 of this Article is not necessary in case the project promoter does not require this period to perform studies, assessments and gather data for completing their permitting application file.

Added7. The national competent authorities shall take into consideration, in the screening for establishing the requirements for the permit-granting process, any studies conducted and permits or authorisations issued up to five years before the project entered the permit-granting process in accordance with this Article, including assessments conducted for the deployment of other projects that are relevant and can be reused, and shall not require unnecessary or duplicate studies, assessments, permits or authorisations.

Added8. In Member States where the determination of a route or location undertaken solely for the specific purpose of a planned project, including the planning of specific corridors for grid infrastructures, cannot be included in the permit-granting process leading to the comprehensive decision, the corresponding decision shall be taken within a separate period of six months, starting on the date of submission of the final and complete application documents by the project promoter.

Added9. The pre-application procedure shall include: the screening and scoping of the required studies, reports and documentation expected from the project promoter; the drawing up of the detailed schedule; and, the verification of the draft application file, under the following steps:

Added(a) as soon as possible and no later than three months following the notification by the project promoter referred to in paragraph 5, the national competent authority shall determine, and notify the project promoter of the authorisations, permits and assessments required to complete permit-granting process.

AddedThe notification made by the national competent authority shall include the checklist referred to in point (1)(e) of Annex VI, and where relevant, its content shall be established in cooperation with the other authorities concerned and with national competent authorities in the other Member States where the project is located, including if the project crosses their exclusive economic zone.

AddedWhere applicable the notification shall detail the conditions for the project to benefit from the exemption of Article 7(7) and identify:

Added(i) whether the project is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where it is planned, which were not identified during the environmental assessment of the National Development Plans carried out pursuant to Directive 2001/42/EC and, where relevant, to Directive 92/43/EEC;

Added(ii) the appropriate and proportionate mitigation measures, or monetary compensation for species protection programs applicable to the project in accordance with Article 7(8);

Added(iii) whether any part of the project is likely to produce significant effects on the environment in another Member State; in such a case the national competent authority of the Member State in which the project is located shall ensure the application of Article 7 of Directive 2011/92/EU and Articles 2 to 7 of the Convention on environmental impact assessment in a transboundary context;

Added(b) the notification shall also indicate whether the national competent authority approves, or amends, the concept for public participation submitted by the project promoter in accordance with Article 9(3). During the screening period, the national competent authority shall, in cooperation with other authorities concerned, determine the scope and level of detail of the studies, reports and documentations, including assessments required for the environmental permitting of the project, that the project promoter is expected to produce and submit as part of the complete application file.

AddedNeither the national competent authority, nor any of the authorities concerned shall subsequently request any additional information, studies, reports or assessments than the ones determined in this initial screening process, except where a material change has occurred to the project or its surrounding environment. Where such a material change occurs, the national competent authority may request additional information from the project promoter based on a reasoned justification;

Added(c) the national competent authority shall draw up, in close cooperation with the project promoter and other authorities concerned and the national competent authorities in the other Member States where the project is located, including if the project crosses their exclusive economic zone, and taking into account the results of the activities carried out under point (a) of this paragraph, a detailed schedule for the permit-granting process in accordance with the guidelines set out in point (2) of Annex VI;

Added(d) upon receipt of the draft application file, the national competent authority may, on its own behalf or on behalf of other authorities concerned, request the project promoter to submit missing information relating to the requested elements referred to in point (a) within a maximum deadline of one month.

AddedThe pre-application procedure shall include the preparation of any environmental

Addedreports by the project promoters, as necessary, including the climate adaptation and

Addedcyber and physical security documentation and assessments.

AddedIn cooperation with the project promoter and, as necessary, other authorities

Addedconcerned or other national competent authorities of other Member States where the

Addedproject is located, including if the project crosses their exclusive economic zone, the