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

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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:

In Article 1, paragraph 2 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).’;


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. Until 30 June 2024, concerning species protection, the preceding sentence 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.’;


The following Article is inserted:

Article 3 - a Absence of alternative or satisfactory solutions

‘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 for the purposes of Articles 6(4) and 16(1) of Council 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, 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.’;


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 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 6 months including environmental impact assessments where required by relevant legislation.’;

In Article 8, the title and the introductory sentence are replaced by the following:

‘Timelines for the permit-granting process for the repowering of renewable energy power plants in dedicated areas pursuant to Article 6

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


in Article 10, the following third paragraph is added:

However, Article 1, Article 2(1), Article 3(2), 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(3) shall apply from its entry into force.

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