Legal provisions of COM(2023)763 - Amendment of Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy - Main contents

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dossier	COM(2023)763 - Amendment of Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy.
document	COM(2023)763
date	December 22, 2023

Article 1

Amendments to Regulation (EU) 2022/2577

Regulation (EU) 2022/2577 is amended as follows:

(1)

in Article 1, the second paragraph is replaced by the following:

‘This Regulation applies to all permit-granting processes that have a starting date within the period of its application and is without prejudice to national provisions establishing shorter deadlines than those laid down in Article 5(1).’;

(2)

in Article 3, paragraph 2 is replaced by the following:

‘2. Member States shall ensure, for projects which are recognised as being of overriding public interest, that in the planning and permit-granting process, the construction and operation of plants and installations for the production of energy from renewable sources and the related grid infrastructure development are given priority when balancing legal interests in the individual case.

Concerning species protection, the first subparagraph shall only apply if and to the extent that appropriate species conservation measures contributing to the maintenance or restoration of the populations of the species at a favourable conservation status are undertaken and sufficient financial resources as well as areas are made available for that purpose.’

;

(3)

the following Article is inserted:

‘Article 3a

Absence of alternative or satisfactory solutions

1. When assessing whether there are no satisfactory alternative solutions to a project for a plant or installation for the production of energy from renewable sources and its connection to the grid for the purposes of Articles 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, this condition may be considered as being fulfilled if there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, notably in terms of 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.

2. When assessing whether there are no satisfactory alternative solutions to a grid infrastructure project which is necessary to integrate renewables into the electricity system, for the purposes of Articles 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, this condition may be considered fulfilled if there are no satisfactory alternative solutions capable of achieving the same objective of the project in question within the same or similar timeframe and without resulting in significantly higher costs.

3. When implementing compensatory measures for a project for a plant or installation for the production of energy from renewable sources, and the related grid infrastructure which is necessary to integrate renewables into the electricity system, for the purpose of Article 6(4) of Directive 92/43/EEC, Member States may allow for such compensatory measures to be carried out in parallel with the implementation of the project, unless there is clear evidence that a specific project would 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. Member States may allow for those compensatory measures to be adapted over time, depending on whether the significant negative effects are expected to arise in the short, medium or long term.’

;

(4)

in Article 5, paragraph 1 is replaced by the following:

‘1. The permit-granting process for the repowering of renewable energy projects located in a dedicated renewable or grid area referred to in Article 6, including the permits related to the upgrade of the assets necessary for their connection to the grid where the repowering results in an increase in capacity, shall not exceed six months including environmental impact assessments where required by relevant legislation.’

;

(5)

Article 8 is replaced by the following:

‘Article 8

Timelines for the permit-granting process for the repowering of renewable energy power plants in dedicated renewable or grid areas referred to in Article 6

When applying the deadlines referred to in Article 5(1), the following time shall not be counted as falling within those deadlines except where it coincides with other administrative stages of the permit-granting process:

(a)	the time during which the plants, their grid connections and, with a view to ensuring grid stability, grid reliability and grid safety, the related necessary grid infrastructure are being built or repowered; and

(b)	the time spent on the administrative stages necessary for significant upgrades to the grid required in order to ensure grid stability, grid reliability and grid safety.’

;

(6)	in Article 10, the following paragraph is added: ‘However, Article 1, Article 2, point (1), Article 3(2), Article 3a, Article 5(1), Article 6 and Article 8 shall apply until 30 June 2025.’ .

Article 2

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 July 2024.

However, Article 1, point (3), shall apply from its entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.