What changed between the draft committee report and the plenary report

Added:As regards proposed projects referred to in point (d) of the second subparagraph,

Added:projects that are, at the time of the assessment, projects on the Union list for longer

Added:than 10 years shall be assessed as outdated.

Added:5a. In order to facilitate the assessment of all projects that could be eligible as projects of common interest and projects of mutual interest, and that could be included in a regional list, each Group shall indicate how each project addresses a demonstrated infrastructure capacity need identified in the infrastructure needs identification reports pursuant to Article 12, or, where no such need is identified, why it is otherwise justified that it be included in the list.

Added:1. Project promoters shall draw up an implementation plan for projects on the Union list within two months of their inclusion on the Union list, with a timetable including all of the following:

Added:(a) feasibility and design studies including risk assessment studies as regards climate adaptation and physical and cyber security, building on the requirements of Directives (EU) 2022/2557 and (EU) 2022/2555, where applicable, as well as compliance with environmental legislation, and with the ‘do no significant harm’ principle;

Added:(b) approval by the national regulatory authority or by any other authority concerned;

Added:(c) construction and commissioning;

Added:(d) the permit-granting process referred to in Article 10(9), point (c).

Added:2. TSOs, DSOs, HNOs and other operators shall cooperate with each other in order to facilitate the development of projects on the Union list in their area.

Added:3. The Agency for the Cooperation of Energy Regulators (‘the Agency’) and the Groups concerned shall monitor the progress achieved in implementing the projects on the Union list. If a project of common interest encounters significant difficulties or is blocked for a long period of time, the Groups may appoint a High-Level Group to identify and assess barriers to the implementation of the project and work towards resolving them. The High-Level Groups shall comprise a Steering Group, composed of representatives of the Commission, Member States, NRAs and TSOs of the Member States concerned. The Groups and, where applicable, the relevant High-Level Group, may request additional information in accordance with paragraphs 4, 5 and 6, convene meetings with the relevant parties and invite the Commission to verify the information provided on site.

Added:4. By 31 October of the year in which the Union list where the project is included enters into force and starts to produce effects, and every subsequent year, project promoters shall submit a progress report for each project of common interest and project of mutual interest they promote, to the Agency, national competent authority referred to in Article 8(1) and Regional group.

Added:That progress report shall include details of:

Added:(a) the progress achieved in the development, construction and commissioning of the project as set out in the implementation plan referred to in paragraph 1 of this Article, in particular with regard to the permit-granting process and the consultation procedure, as well as compliance with environmental legislation, with the principle that the project does ‘no significant harm’ to the environment, climate adaptation measures taken, and mitigation measures taken resulting from the risks assessed as regards the project under Article 5(1), point (a), where relevant and building on the requirements of Directives (EU) 2022/2557 and (EU) 2022/2555 where applicable;

Added:(b) where relevant, delays compared to the implementation plan, the reasons for such delays and other difficulties encountered;

Added:(c) where relevant, a revised implementation plan aiming to overcome the delays.

Added:5. By 31 December of each year following the submission by the project promoter of the progress report referred in paragraph 4 of this Article, the competent authorities referred to in Article 8(1) shall submit to the Agency and to the relevant Group, and, where applicable, to the relevant High-Level Group, the report referred to in paragraph 4 of this Article supplemented with information on the progress and, where relevant, on delays in the implementation and permit-granting processes of projects on the Union list located in their respective territory, including the reasons for such delays. The contribution of competent authorities to the progress report shall be clearly marked and drafted without modifying the text of the progress report provided by project promoters.

Added:6. By 31 March of each year in which a new Union list should be adopted, the Agency shall submit to the Groups a consolidated report for the projects on the Union list that are subject to the competence of national regulatory authorities, evaluating the progress achieved and expected changes in project costs, and, where appropriate, make recommendations on how to overcome the delays and difficulties encountered. That consolidated report shall also evaluate the implementation of Article 3(6) and (7) as regards projects of common interest and projects of mutual interest.

Added:In duly justified cases, the Agency may request additional information from competent authorities necessary for carrying out its tasks set out in this paragraph.

Added:7. Where the commissioning of a project on the Union list is delayed when compared to the implementation plan, other than for overriding reasons beyond the control of the project promoter, the following measures shall apply:

Added:(a) in so far as measures referred to in Article 55(7), points (a), (b) or (c), of Directive (EU) 2024/1788 and Article 51(7), points (a), (b) or (c), of Directive (EU) 2019/944 are applicable in accordance with respective national law, national regulatory authorities shall ensure that the investment is carried out;

Added:(b) where the measures of national regulatory authorities pursuant to point (a) of this paragraph are not applicable, the project promoter shall, within 12 months of the date of commissioning set out in the implementation plan, choose a third party to finance or construct all or part of the project;

Added:(c) where a third party is not chosen in accordance with point (b), the Member State or, where the Member State has so provided, the national regulatory authority may, within two months of the expiry of the period referred to in point (b), designate a third party to finance or construct the project which the project promoter shall accept;

Added:(d) where the delay compared to the date of commissioning in the implementation plan exceeds 26 months, the Commission, subject to the agreement and with the full cooperation of the Member States concerned, may launch a call for proposals open to any third party capable of becoming a project promoter to build the project in accordance with an agreed timetable;

Added:(e) where measures referred to in point (c) or (d) are applied, the system operator in whose area the investment is located shall: provide the implementing operators or investors or third party with all the information required to realise the investment; connect new assets to the transmission network; or, where applicable, the distribution network and shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project on the Union list.

Added:8. A project on the Union list may be removed from the Union list in accordance with the procedure set out in Article 3(4) if its inclusion in that list was based on incorrect information which was a determining factor for that inclusion, or the project does not comply with Union law or if the project promoter has failed, within the period established under Regulation (EU) 2019/881, to implement the cybersecurity requirements set out in that Regulation.

Added:8a. Any changes in the ownership, control or governance of the project promoter or project company that may affect control, influence or decision-making rights shall be notified without delay to the competent national authorities and to the Commission.

Added:9. Projects which are no longer on the Union list shall lose all rights and obligations linked to the status of project of common interest or project of mutual interest provided for in this Regulation.

Added:However, a project which is no longer on the Union list but for which an application file has been accepted for examination by the competent authority shall maintain the rights and obligations laid down in Chapter III, except where the project has been removed from the Union list for the reasons set out in paragraph 8 of this Article.

Added:10. This Article shall be without prejudice to any Union financial assistance granted to any project on the Union list prior to its removal from the Union list.

Added:1. Where a project of common interest or a project of mutual interest encounters significant implementation difficulties, the Commission may designate, in agreement with the Member States concerned, a European coordinator for a period of up to one year, renewable twice.

Added:2. The European coordinator shall:

Added:(a) promote the projects, for which they have been designated as a European coordinator, and the cross-border dialogue between the project promoters and all stakeholders concerned including relevant competent national authorities and, in the case of projects of mutual interest, the third countries concerned;

Added:(b) assist and coordinate all parties as necessary in consulting the stakeholders concerned, discussing alternative routing, where appropriate, and obtaining necessary permits for the projects;

Added:(ba) where appropriate, assist the parties in reaching an agreement regarding the cross-border cost-allocation based on a common cost-benefit analysis; the European coordinator may invite non-hosting countries to participate in the conversations where relevant if the conditions on benefit estimation allocation pursuant to Article 17(7) are fulfilled;

Added:(c) where appropriate, advise project promoters on the financing of the project;

Added:(d) ensure that appropriate support and strategic direction by the Member States concerned are provided for the preparation and implementation of the projects;

Added:(e) starting from the date of their designation submit every year, and, where appropriate, upon completion of their mandate, a report to the Commission on the progress of the projects and on any difficulties and obstacles which are likely to significantly delay the commissioning date of the projects; where appropriate, the report shall make recommendations to overcome obstacles and difficulties; the Member States concerned shall be consulted in relation to those recommendations.

Added:The Commission shall transmit the report of the European coordinator referred to in point (e) of the first subparagraph to the European Parliament and the Groups concerned.

Added:3. The European coordinator shall be chosen following an open, non-discriminatory and transparent process and on the basis of a candidate’s experience with regard to the specific tasks they have been assigned for the projects concerned.

Added:4. The decision designating the European coordinator shall specify the terms of reference, detailing the duration of the mandate, the specific tasks and corresponding deadlines, and the methodology to be followed. The coordination effort shall be proportionate to the complexity and estimated costs of the projects. The Commission shall provide the necessary secretarial assistance to the European Coordinator.

Added:5. The Member States concerned shall fully cooperate with the European coordinator in the execution of the tasks referred to in paragraphs 2 and 4.

Added:Permit-granting and public participation

Added:1. The Union list shall establish, for the purposes of any decisions issued in the permit-granting process, the necessity of projects on the Union list from an energy policy and climate perspective, without prejudice to the exact location, routing or technology of the project.

Added:The first subparagraph shall not apply to competing projects or to projects that have not reached a sufficient degree of maturity to provide a project specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.

Added:2. For the purpose of ensuring efficient administrative processing of the application files related to projects on the Union list, project promoters and all authorities concerned shall ensure that those files are treated in the most rapid way possible in accordance with Union and national law.

Added:3. Projects on the Union list shall have the status of the highest national significance possible, where such a status exists in national law and be treated as such in the permit-granting process, including those relating to environmental assessments, in spatial planning, and in obtaining rights of way and expropriation of necessary land.

Added:4. All dispute resolution procedures, litigation, appeals and judicial remedies related to projects on the Union list in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures.

Added:5. With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC and Article 4(7) of Directive 2000/60/EC, provided that all the conditions set out in those Directives are fulfilled, projects on the Union list falling under the infrastructure categories referred to in points (2), (3), and (4) of Annex II to this Regulation shall be considered as being of public interest from an energy policy perspective, and may be considered as having an overriding public interest.

Added:Where the opinion of the Commission is required in accordance with Article 6(4) of Directive 92/43/EEC, the Commission and the national competent authority referred to in Article 8 of this Regulation shall ensure that the decision with regard to the overriding public interest of a project is taken within the time limits set in Article 10(1) and (2) of this Regulation.

Added:The first and second subparagraphs shall not apply to competing projects or to projects that have not reached a sufficient degree of maturity to provide a project specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.

Added:6. Until climate neutrality is achieved at Union level, in the permit-granting procedure, the planning, construction and operation of projects falling within the infrastructure category referred to in Annex II point (1), including the refurbishment, modernisation and repowering of existing grid infrastructure, fall under the provision of Article 8(8) of Directive (EU) 2019/944 and 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 Article 4(14) and (15), Article 5(11) and (12) and Article 6(1) thereof.

Added:Member States shall ensure that, in the planning and permit-granting process, the construction and operation of projects falling under the infrastructure category referred to in point (1) of Annex II are given priority when balancing legal interests in individual cases for other purposes than the ones referred in the first subparagraph with the exception of cultural heritage on the basis of legal criteria to ensure harmonized implementation. The first subparagraph shall not apply to competing projects or to projects that have not reached a sufficient degree of maturity to provide a project specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.

Added:6a. Until climate neutrality is achieved, Member States shall ensure that, in the permit-granting procedure, the planning, construction and operation, refurbishment, modernisation, hybridisation, 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 to the closest existing grid connection point, the related grid itself, storage assets and recharging stations and recharging pools are presumed as being in the overriding public interest and serving public health and safety. In such cases, those projects shall be given priority when balancing legal interests other than those referred to in paragraph 6.

Added:Member States may exclude the application of the presumption referred to in the first subparagraph 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 cultural heritage.

Added:7. Until climate neutrality is achieved at Union level, with regard to projects on the Union list falling under the infrastructure categories referred to in point (1) of Annex II to this Regulation which are expressly included in a National Development Plan that has been subject to a strategic environmental assessment in accordance with Directive 2001/42, and, where it is likely to have a significant impact on Natura 2000 sites, to the appropriate assessment pursuant to Article 6(3) of Directive 92/43/EEC, Member States may, insofar as the project complies with and does not go beyond the framework of the assessed National Development Plan:

Added:(a) exempt those projects from the environmental impact assessment under Article 2(1) of Directive 2011/92/EU, and

Added:(b) exempt those projects from an assessment of their implications for Natura 2000 sites pursuant to Article 6(3) of Directive 92/43/EEC and from 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:For projects located in, or crossing, Natura 2000 sites and areas designated under national protection schemes for nature and biodiversity conservation, the exemptions referred to in the first subparagraph shall only be applicable in case there are no proportionate alternatives for their deployment, taking into account the objectives of the site. Projects referred to in Annex II point 1(c) shall exclude Natura 2000 sites and areas designated under national protection schemes.

Added:8. Where Member States apply the exemptions under paragraph 7, they shall ensure that rules on effective mitigation measures to be adopted for the projects on the Union list falling under the infrastructure categories referred to in Annex II point (1) are identified based on the National Development Plan, in order to avoid the adverse environmental impact that may arise or, where that is not possible, to significantly mitigate it. Member States shall ensure that the appropriate mitigation measures are applied in a timely manner to ensure compliance with the obligations laid down in Article 6(2) of Directive 92/43/EEC and Article 4(1), point (a)(i), of Directive 2000/60/EC of the European Parliament and of the Council and to avoid deterioration and achieve good ecological status or good ecological potential in accordance with Article 4(1), point (a), of Directive 2000/60/EC.