What changed between the adopted text of 21 Nov 2023 and the adopted text of 25 Apr 2024

Removed:9. The time limits set in this Article for any of the permit granting procedures shall be without prejudice to any shorter time limits set by Member States.

Removed:9a. The designated authority shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the principle of administrative tacit approval does not exist in the national legal order. This paragraph shall also apply to final decisions on the outcome of the process. When a final decision on the outcome of the process is adopted on the basis of tacit approval, an explicit notice shall be sent to the project promoter within a week after the tacit approval came into effect. All decisions, including a notice of tacit approval, shall be made publicly available.

Removed:9b. In accordance with this Regulation, the Commission shall adopt guidelines to establish a minimum set of permit-granting requirements that Member States are to comply with regard to net-zero technology manufacturing projects, in particular to simplify the preparatory work for promoters submitting manufacturing projects, while facilitating the instruction of requests by administrations.

Removed:1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shall request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 20 days without exception from the date on which the project promoter submitted its request, provided that this request includes all required documentation. Competent authorities shall provide a list of required documentation to the project promoter at the outset of their request, aim to streamline the process and guide the project promoter through the process.

Removed:2. Where the obligation to assess the effects on the environment arises simultaneously from Directive 2011/92/EU, Directive 92/43/EEC, Directive 2009/147/EC of the European Parliament and the Council, Directive 2000/60/EC, Directive 2001/42/EC of the European Parliament and the Council, Directive 2008/98/EC of the European Parliament and of the Council, Directive 2010/75/EU or Directive 2012/18/EU of the European Parliament and the Council, the national competent authority shall provide for coordinated or joint procedures fulfilling the requirements of that Union legislation.

Removed:Under the coordinated procedure referred to in the first subparagraph, the national competent authority shall coordinate the various individual assessments of the environmental impact of a particular project required by the applicable Union legislation.

Removed:Under the joint procedure referred to in the first subparagraph, the national competent authority shall provide for a single assessment of the environmental impact of a particular project required by the applicable Union legislation.

Removed:The application of the joint or coordinated procedure shall not affect the content of the environmental impact assessment.

Removed:3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within 80 days of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive, verifying its quality, and completing the consultations referred to in Articles 6 and 7 of that Directive.

Removed:3a In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 3 of this Article by a maximum of 30 days, before their expiry and on a case-by-case basis. In that event, the national competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the reasoned conclusion is expected in writing.

Removed:4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 80 days and not be shorter than 40 days. In cases falling under the second sub-paragraph of Article 6(4), this period can be extended to a maximum of 90 days on a case-by-case basis. In that event, the national competent authority shall inform the project promoter of the reasons justifying the extension. Public consultation shall begin as soon as the file submitted by the project promoter is deemed to be complete by the competent administrative authority and be conducted in parallel to the assessment of the project request by the national competent authority, while complying with the requirements on consulting the public concerned set out in Directive 2011/92/EU and making the results of the public consultation available to the competent authority.

Removed:4a. Where a project would affect a designated Natura 2000 area, the environmental assessment shall be subject to the conditions set out in Directive 92/43/EEC.

Removed:4b The Member States shall ensure that their national competent authorities and other authorities pursuant to Article 6(1) of Directive 2011/92/EU are adequately equipped to fulfil its obligations under this Article.

Removed:1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, as well as the necessary infrastructure and net-zero industry valleys. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry. To facilitate the development of net-zero technology manufacturing projects, the Member States shall ensure that all relevant spatial planning data is available online in accordance with Article 5.

Removed:2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, and their required infrastructure, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall also address the impact on potentially affected water bodies and verify whether the specific projects under the plan could potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. The fact that assessments are combined pursuant to this paragraph shall not affect their content or quality. Combined assessments shall be conducted in such a way that it does not lead to a prolongation of the time limits set out in this Regulation.

Removed:1. The provisions set out in this Regulation are without prejudice to the obligations under ▌of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.

Removed:2. All decisions adopted pursuant to this Section and Articles 12, 13, 14 and 21 shall be made publicly available in an easily understandable manner, with all decisions concerning one project retrievable from a single source.

Removed:1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects, which take into account the Union’s climate and energy targets, located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:

Removed:(a) the ▌project contributes to the technological and industrial resilience of the Union ▌by:

Removed:(i) adding manufacturing capacity in the Union for a net-zero technology or for specific components and specific machinery primarily used for the production of those technologies, for which the Union depends for more than 50% on imports coming from a single third country; or

Removed:(ii) adding manufacturing capacity or updating existing manufacturing capacity in the Union for a net-zero technology or for specific components and specific machinery primarily used for the production of those technologies, of which the Union exports more than 25% of its production output;

Removed:(b) the ▌project contributes to the competitiveness in the Union and on the global markets and to the creation of quality jobs by providing innovation with regard to the manufacturing process of net-zero technologies, or of components or materials along the supply chain of those technologies that are not yet substantively present or committed to be built within the Union or by ensuring the production of the best available net-zero technology, including best available components or materials in their supply chain, as well as by:

Removed:(i) contributing to the competitiveness of SMEs;

Removed:(ii) putting into place measures to attract, retain, upskill or reskill a workforce required for net-zero technologies, including through apprenticeships, traineeships, continuing or post graduate academic education in close cooperation with regional and local authorities and social partners including trade unions; or

Removed:(c) the project contributes to reaching the Union’s climate and energy objectives by complying with the do no significant harm principle as well as by:

Removed:(i) manufacturing a net-zero technology or specific components and specific machinery primarily used for the production of those technologies with improved environmental sustainability and performance or circularity features, including comprehensive low-carbon, energy, water and material efficiency;

Removed:(ii) adopting manufacturing practices related to a net-zero technology or specific components and specific machinery primarily used for the production of those technologies with improved environmental sustainability and performance or circularity features, including comprehensive low-carbon, energy, water and material efficiency and circular practices, as well as waste heat recovery; or

Removed:(iii) adding significant manufacturing capacity which will make a substantive contribution to the 2030 climate objectives of the Union.

Removed:1a. By ... [3 months from the date of entry into force of this Regulation], the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 34(3) setting out guidelines ensuring uniform conditions for the implementation of the criteria listed in this Article. Those guidelines should at least include specific guidance on the criteria to be used to assess:

Removed:(a) whether a component or machinery is primarily used for the production of a net-zero technology;

Removed:(b) whether added manufacturing capacity concerns first-of-a-kind or best available technology manufacturing capacity;

Removed:(c) whether the additional manufacturing capacity can be considered to be significant.

Removed:2. Member States shall recognise the following as net-zero strategic projects CO2 strategic projects:

Removed:(a) the CO2 capture projects and the CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites that:

Removed:(i) meet the conditions laid down in Article 18(6), point (a); and

Removed:(ii) aim to capture CO2 with the aim of storing it in a CO2 storage site as referred to in Article 16(1);

Removed:(b) the CO2 storage projects that:

Removed:(i) relate to CO2 storage sites located in the territory of the Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea;

Removed:(ii) contribute to reaching the objective set out in Article 18; and

Removed:(iii) have applied for a permit for the safe and permanent geological storage of CO2 in accordance with Directive 2009/31/EC.

Removed:3. Net-zero technology manufacturing projects corresponding to a technology listed in Article 3a(1) located in ‘less developed and transition regions’ and Just Transition Fund Territories and eligible for funding under cohesion policy rules, shall be recognised by Member States as net-zero strategic projects under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).

Removed:4. A net-zero technology manufacturing project located in the Union that contributes to the realisation of the objectives set out in Article 1(1) and that either benefits from the ETS Innovation Fund, or is part of Important Projects of Common European Interest, European Hydrogen Valleys, or of the Hydrogen Bank, when the funds support investment in manufacturing capacities corresponding to a technology listed in Article 3a(1), shall be recognised by Member States as net-zero strategic project under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).

Removed:1. Applications for recognition of net-zero technology manufacturing projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State.

Removed:2. The application referred to in paragraph 1 shall contain all of the following:

Removed:(a) relevant evidence related to the fulfilment of the criteria laid down in Article 10(1) or (2);

Removed:(b) a business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs.

Removed:3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The decision resulting from this process shall be reasoned and shall be communicated to the project promoter, the Platform as well as to the European Parliament. The absence of a decision by Member States within that time frame shall constitute an approval of the project.

Removed:3a. By ... [6 months from the date of entry into force of this Regulation], each Member State shall publish a list establishing which of the net-zero technologies listed in Article 3a(1) can benefit from the provisions related to strategic projects recognised under this Article in the relevant Member State.

Removed:4. The Commission may provide its opinion on the approved projects. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall assess the application within 20 working days.

Removed:5. Where the Commission, following its assessment in accordance with paragraph 4, confirms the rejection of the application by the Member State, it shall notify the applicant of its conclusion in the form of a letter. Where the Commission differs in its assessment from the Member State, ▌Platform shall discuss the project in question and decide on its status.

Removed:6. Where the Commission or a Member State finds that a net-zero strategic project has undergone substantial changes or that it no longer fulfils the criteria set out in Article 10 ▌ , or where its recognition was based on an application containing incorrect information, it shall inform the project promoter concerned. After hearing the project promoter, the Member State may repeal the decision granting a project the status of net-zero strategic project.

Removed:7. Projects which are no longer recognised as net-zero strategic project shall lose all rights connected to that status under this Regulation.

Removed:8. The Commission shall set up and maintain an openly available registry of net-zero strategic projects.

Removed:Priority status of net-zero strategic projects

Removed:1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national law.

Removed:2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit-granting processes including those relating to environmental assessments and if national law so provides, to spatial planning.

Removed:3. Net-zero strategic projects shall be considered to contribute to the security of supply of strategic net-zero technologies in the Union and therefore to be in the public interest. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, net-zero strategic projects in the Union shall be considered as being of public interest and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.

Removed:4. All dispute resolution procedures, litigation, appeals and judicial remedies related to net-zero strategic projects 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 and provided that the normally applicable rights of defence of individuals or of local communities would be respected Project promoters of net-zero strategic projects shall participate in such urgency procedure, where applicable.

Removed:1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limits:

Removed:(a) six months for the construction of net-zero strategic projects with a yearly manufacturing capacity of less than 1 GW;