opinion parliamentary committee draft, 8 April 2026
On the proposal for a directive of the European Parliament and of the Council amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures
Document ENVI-PA-786680 · (COM(2025)1007 – C100341/2025 – 2025/0400(COD))
Committee on the Environment, Climate and Food Safety · Rapporteur: Rasmus Nordqvist
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Short justification 16 paragraphs
The deployment of sustainable renewable energies, electrification technologies and grid infrastructure, alongside improved energy efficiency, are key non-regret options to reduce the use of, and ultimately phase out, fossil fuels, thus lowering greenhouse gas emissions and reducing damage to the environment and biodiversity. These benefits come with other significant advantages, such as strengthened European strategic autonomy and resilience.
The rapporteur concurs with the Commission that the deployment of renewables, electrification solutions, and grid infrastructure must be accelerated in order to meet our climate, environmental, energy and environmental goals.
The rapporteur believes that most of the obstacles that stand in the way of fast deployment are related to insufficient or inadequate implementation of existing Union rules, and to administrative bottlenecks and governance issues at national and local level. An effective way to accelerate the transition would be to strengthen the dialogue between the Commission and Member States, increase technical and financial support and pressure by the Commission to/on national authorities, and guarantee regulatory stability.
However, the rapporteur acknowledges that several of the changes proposed by the Commission to existing Union rules may also be helpful to address some of the above blockers, if such changes are then properly implemented.
Many of the Commission’s proposed changes relax or lift Union’s environment and biodiversity protection rules and safeguards. Nevertheless, the rapporteur takes a constructive approach towards those changes, considering that renewables, electrification technologies and grids have a high positive impact on environment and biodiversity as they replace dirty fossil fuels, and taking into account the fact that the Commission’s amendments target specifically projects which are not likely to have significant negative impacts (e.g repowering of already existing installations, new projects of small size, projects in built areas).
However, the rapporteur believes that some of Commission’s proposals should be adapted in order for them to be proportionate and aligned with the precautionary principle:
● The Commission’s proposed amendments to facilitate the installation of projects in special areas of habitats and species conservation need to be nuanced so as not to undermine the objectives and principles established in Union’s nature protection legislation, and to align with the Court’s jurisprudence and the Commission own Guidance.
● The proposed expansion of overriding public interest rules should be adapted. With regards to renewables, Member States should retain their right not to grant presumption of overriding public interest to certain technologies or in certain territories, for instance because they wish to prioritise certain technologies over others, including due to their lower environmental impact, or because they want to provide certain particularly sensitive areas with a strict level of protection.With regards to grid infrastructure, the overriding public interest should not be presumed: it should be optional, as it is in relation to other sectors which are considered strategic by other legislation.
● The definition of a satisfactory alternative solution as an almost identical project located outside of a special area of conservation is not acceptable, as it de facto corresponds to an outright deletion of one of the preconditions established in nature protection legislation that are to be complied with for a project to be able to proceed in spite of its negative impacts on the special area of conservation.
● The proposed exemptions from the obligation to carry out environmental and biodiversity screenings and/or assessments for repowering, which strengthen and expand already existing exemptions, are acceptable only if additional safeguards are introduced to avoid potential harm.
● The same exemptions proposed for small projects also need to be accompanied with safeguards so as to avoid that projects are sliced up for the purpose of remaining below the size threshold and benefitting from the exemptions.
● Discouraging Member States from having large areas where renewable energy deployment is restricted due to environmental protection reasons unless duly justified will not help address national and local divergences. It would also contradict the original idea behind renewable acceleration areas, impinge on Member States’ spatial planning autonomy, and contradict the precautionary principle. The rapporteur suggests instead to require Member States to make environmental considerations underpinning spatial distribution decisions objective, proportional, and transparent, reducing conflicts and providing clarity to investors.
The rapporteur also suggests adding the following elements:
● Member States should take into account the full renewable energy potential in their territories, especially in areas where their environmental impact is minimal, such as on roofs and other artificial structures, and on degraded land, including former industrial and mining sites. The Commission should support national authorities in their mapping and assessment, by providing accurate geospatial data and analysis tools.
● It is also of utmost importance that Member States and grid operators use granular biodiversity sensitivity data when assessing the impact of renewable energy and electricity projects on habitats and species, and when deciding on the spatial distribution of such infrastructure. They should also identify and consider all possible measures to lower negative biodiversity impacts arising from renewable energy and electrification projects, and to create biodiversity benefits. The Commission should provide national authorities and network operators with mapping tools and guidance.
● Finally, the planning of new renewable energy and grid capacity by Member States and grid operators needs to consider growing climate risks. They should prioritise the installation of projects in areas where there are no significant climate-related hazards, and, in all circumstances, they should design, or require promoters to design, projects so as to be resistant to or reduce any hazards.
Amendments 271 paragraphs
The Committee on the Environment, Climate and Food Safety submits the following to the Committee on Industry, Research and Energy, as the committee responsible:
Amendment 1
Proposal for a directive
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Slow and complicated permit-granting procedures, including for grid connections, is one of the main factors causing delays in the development of energy projects. Electricity transmission grids take around 10 years for completion, of which permitting accounts for more than half of the time needed. Similarly, permitting of renewable energy projects can still take up to nine years depending on the Member State and the technology involved. Storage installations can take from one to seven years depending on the technology. The permit-granting procedures for construction or transformation of recharging stations along highways and in depots can take up to two years in some Member States. Slow permitting is due, among other things, to incoherent administrative systems among multiple authorities, inadequate staffing in authorities, the duration of environmental assessments, lack of public acceptance, limited digitalisation and data availability as well as administrative and judicial challenges. | (1) Slow and complicated permit-granting procedures, including for grid connections, is one of the main factors causing delays in the development of energy projects. Electricity transmission grids take around 10 years for completion, of which permitting accounts for more than half of the time needed. Similarly, permitting of renewable energy projects can still take up to nine years depending on the Member State and the technology involved. Storage installations can take from one to seven years depending on the technology. The permit-granting procedures for construction or transformation of recharging stations along highways and in depots can take up to two years in some Member States. Slow permitting is due, among other things, to incoherent administrative systems among multiple authorities, inadequate staffing in authorities, the duration of environmental assessments, lack of public acceptance, limited digitalisation and data availability, administrative and judicial challenges, insufficient or inadequate implementation of requirements laid down in Union legislation, as well as governance issues at national and local level. |
Or. en
Amendment 2
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) In recent years, new measures have been introduced at Union level to accelerate the permit-granting procedures for renewable energy projects and, to some extent, infrastructure projects. In 2022, Council Regulation (EU) 2022/25773 was adopted to accelerate permit-granting procedures for renewable energy and related infrastructure projects. Its partial application was prolonged by Council Regulation (EU) 2024/2234 until 30 June 2025. Furthermore, Directive (EU) 2023/2413 of the European Parliament and of the Council5 amended Directive (EU) 2018/2001 of the European Parliament and the Council6 to streamline administrative procedures for authorising renewable energy plants by introducing a comprehensive permitting framework, with shorter deadlines and simpler rules. The amended Directive included mapping obligations, the obligation to designate renewables acceleration areas where the environmental impacts stemming from projects are expected to be low and therefore faster and simpler rules can apply, and optional measures to introduce acceleration areas for infrastructure projects where infrastructure projects are exempted from an environmental impact assessment under certain conditions such as carrying out a strategic environmental assessment of the area. | (2) In recent years, new measures have been introduced at Union level to accelerate the permit-granting procedures for renewable energy projects and, to some extent, infrastructure projects. In 2022, Council Regulation (EU) 2022/25773 was adopted to accelerate permit-granting procedures for renewable energy and related infrastructure projects. Its partial application was prolonged by Council Regulation (EU) 2024/2234 until 30 June 2025. Furthermore, Directive (EU) 2023/2413 of the European Parliament and of the Council5 amended Directive (EU) 2018/2001 of the European Parliament and the Council6 to streamline administrative procedures for authorising renewable energy plants by introducing a comprehensive permitting framework, with shorter deadlines and simpler rules. The amended Directive included an obligation to identify the areas necessary to meet at least the national contributions to the Union’s 2030 renewable energy target, an obligation to designate, as a sub-set of those areas, renewables acceleration areas where the environmental impacts stemming from renewable energy projects are expected to be low and therefore faster and simpler rules can apply, and the option to introduce acceleration areas for infrastructure projects where the environmental impacts stemming from infrastructure projects are expected to be low and therefore those projects are exempted from an environmental impact assessment under certain conditions such as carrying out a strategic environmental assessment of the area. These obligations have been poorly implemented, and have therefore not proven their effectiveness, yet. |
| 3 Council Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy (OJ L 335 29.12.2022, p. 36, .ELI: http://data.europa.eu/eli/reg/2022/2577/oj). | 3 Council Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy (OJ L 335 29.12.2022, p. 36, .ELI: http://data.europa.eu/eli/reg/2022/2577/oj). |
| 4 Council Regulation (EU) 2024/223 of 22 December 2023 amending Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy (OJ L, 2024/1343, 21.5.2024, ELI: http://data.europa.eu/eli/reco/2024/1343/oj). | 4 Council Regulation (EU) 2024/223 of 22 December 2023 amending Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy (OJ L, 2024/1343, 21.5.2024, ELI: http://data.europa.eu/eli/reco/2024/1343/oj). |
| 5 Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj). | 5 Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj). |
| 6 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj). | 6 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj). |
Or. en
Amendment 3
Proposal for a directive
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) A further simplification and shortening of the administrative permit-granting procedures in a coordinated and harmonised manner is necessary in order to ensure that the Union reaches its ambitious climate and energy targets for 2030 and the objective of climate neutrality by 2050. Directive (EU) 2018/2001 did not address important issues which significantly delay permit-granting procedures and the integration of renewables into the system, such as slow permit-granting procedures for grids, stand-alone energy storage or recharging stations, lack of public acceptance or insufficient digitalisation of procedures. Moreover, that Directive includes only certain of the measures of Regulation (EU) 2022/2577 but lacks several important measures included therein which have ceased to apply, such as expanding the priority of renewable energy projects beyond environmental aspects and streamlining compliance with certain environmental rules. Finally, some targeted amendments to existing measures of Directive (EU) 2018/2001 are necessary to ensure their full effectiveness. | (3) In addition to increased efforts from Member States and enhanced Commission support and pressure to fully and timely implement existing provisions, a further simplification and shortening of the administrative permit-granting procedures in a coordinated and harmonised manner is necessary in order to ensure that the Union reaches its ambitious climate and energy targets for 2030 and the objective of climate neutrality by 2050. Directive (EU) 2018/2001 did not address important issues which significantly delay permit-granting procedures and the integration of renewables into the system, such as slow permit-granting procedures for grids, stand-alone energy storage or recharging stations, lack of public acceptance or insufficient digitalisation of procedures. Moreover, that Directive includes only certain of the measures of Regulation (EU) 2022/2577 but lacks several important measures included therein which have ceased to apply, such as expanding the priority of renewable energy projects beyond environmental aspects and streamlining compliance with certain environmental rules. Finally, some targeted amendments to existing measures of Directive (EU) 2018/2001 are necessary to ensure their full effectiveness. |
Or. en
Amendment 4
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Article 15c of Directive (EU) 2018/2001 introduces an obligation for Member States to designate renewables acceleration areas for at least one renewable energy technology. For the purposes of such designation, Member States may exclude certain areas from becoming renewables acceleration areas due to their high environmental value and sensitivities. However, in order not to undermine the objectives of the designation of renewables acceleration areas, Member States should not identify large territories where the installation of renewable energy projects is a priori not possible due to environmental reasons including protection of landscape, since those projects will be subject to the relevant dedicated environmental assessments which will allow to identify potential environmental impacts and to address them. | (4) Article 15c of Directive (EU) 2018/2001 introduces an obligation for Member States to designate renewables acceleration areas for at least one renewable energy technology. While those areas should only include land or sea areas where the renewable energy deployment is not expected to have significant negative environmental impacts, thereby allowing for exemptions from environmental permitting to apply and allowing overall permitting to be faster, Article 15c of Directive (EU) 2018/2001 prescribes that the combined size of those areas should be significant as to contribute to the objectives set out in the Directive. Moreover, those areas are not to be seen as the only areas where renewable energy deployment is permitted, as they are conceived as a sub-set of the areas, designated in accordance with Article 15b, which are necessary to meet at least the national contributions to the Union’s 2030 renewable energy target. Member States should plan the use of their territory so that they can at the same time deploy sufficient renewable energy capacity for the purpose of fulfilling the target set out in this Directive and protect and restore species and habitats in accordance with the requirements set out in nature protection legislation. Opposing renewable energy deployment to nature protection should be avoided. Member States should set out deployment restrictions based on environmental protection grounds in an objective, science-based, transparent and justified manner, so as to provide investor certainty, avoid conflicts, accelerate renewable energy deployment, while ensuring a sufficient level of nature protection. |
Or. en
Amendment 5
Proposal for a directive
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4 a) Member States may lack the necessary tools to assess the renewable energy potential and the biodiversity sensitivity across their territory in a granular way. They may also not have sufficient tools to foresee if and how renewable energy projects can mitigate negative biodiversity impacts, or even bring biodiversity benefits. The solar rooftop potential, for instance, may be underestimated due to the use of databases and modelling tools which do not consider differences in roof geometries, slopes and orientations, and which therefore lead to conservative approximations of the usable rooftop surface and production. The potential for renewable energy deployment on degraded land, such as decommissioned or soon-to-be-decommissioned coal mines, may not be properly accounted for, and the contribution of renewable energy projects to the restoration of such polluted and barren pieces of land may not be fully taken into account either. The Commission should therefore assist Member States with relevant databases, assessment tools, maps and guidance. |
Or. en
Amendment 6
Proposal for a directive
Recital 4 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4 b) When designating areas necessary for renewable energy deployment, including renewable acceleration areas, Member States should take into account not only environmental considerations but also climate risks. They should prioritise areas where renewable energy deployment is either not expected to face significant climate-related hazards or can be designed to be resistant to or even reduce those hazards. |
Or. en
Amendment 7
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) Repowering of existing renewable energy power plants has significant potential to contribute to the achievement of renewable energy targets. Since existing renewable energy power plants have, for the most part, been installed in sites with significant renewable energy source potential, repowering can ensure the continued use of those sites, thus ensuring efficient land use and exploitation of the best renewable energy resources. This is particularly the case for onshore wind, especially taking into account that in Europe many onshore wind farms are approaching the end of contracts supporting their electricity generation and that 26 GW of existing wind plants have been in operation for more than 20 years10 . Repowering includes further benefits such as an existing grid connection, a likely higher degree of public acceptance and knowledge of the likely environmental impacts. Considering that the repowering of wind plants often leads to a lower number of turbines being installed in the same site, the environmental impact of repowered wind plants is limited. Therefore, requirements on environmental screening or environmental impact assessment should be reduced or even waived where the repowering of an existing wind plant does not entail use of additional land surface, increases the total capacity of the installation and complies with the applicable environmental mitigation measures established for the original wind energy installation. | (9) Repowering of existing renewable energy power plants has significant potential to contribute to the achievement of renewable energy targets. Since existing renewable energy power plants have, for the most part, been installed in sites with significant renewable energy source potential, repowering can ensure the continued use of those sites, thus ensuring efficient land use and exploitation of the best renewable energy resources. This is particularly the case for onshore wind, especially taking into account that in Europe many onshore wind farms are approaching the end of contracts supporting their electricity generation and that 26 GW of existing wind plants have been in operation for more than 20 years10 . Repowering includes further benefits such as an existing grid connection, a likely higher degree of public acceptance and knowledge of the likely environmental impacts. Considering that the repowering of wind plants often leads to a lower number of turbines being installed in the same site, the environmental impact of repowered wind plants is limited. Therefore, requirements on environmental screening or environmental impact assessment should be reduced or even waived where the repowering of an existing wind plant does not entail use of additional land surface, reduces the number of turbines and increases the total capacity of the installation, provided that the original wind energy installation was subject to an environmental impact assessment in accordance with Directive 2011/92/EC and complies with the applicable environmental mitigation measures established at that time, and those measures are still appropriate. |
| 10 WindEurope, 2024 Statistics and the outlook for 2025-2030. | 10 WindEurope, 2024 Statistics and the outlook for 2025-2030. |
Or. en
Amendment 8
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Self-consumption installations, including those for jointly-acting self-consumers and as local energy communities, contribute to reducing overall demand for natural gas, increasing resilience of the system and achieving the Union’s renewable energy targets. The installation of solar energy equipment and co-located energy storage with a capacity below 100 kW is not likely to have significant adverse effects on the environment or the grid and does not raise safety concerns. In addition, small installations do not generally require capacity expansion at the grid-connection point. In order to further accelerate the deployment of small-scale solar equipment and co-located energy storage, Member States should not require any administrative permits for these installations, with the exception of the grid connection permits, as is already the case in several Member States. Aligning Union legislation with existing best practices should allow further acceleration of the deployment of these installations in a harmonised manner. The installation of solar energy equipment and co-located energy storage above 100 kW in existing or future artificial structures does not typically raise concerns related to competing uses of space or environmental impact. Those installations should therefore benefit from shorter permit-granting procedures and be exempt, with appropriate safeguards, from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU of the European Parliament and of the Council.11 | (10) Self-consumption installations, including those for jointly-acting self-consumers and as local energy communities, contribute to reducing overall demand for natural gas, increasing resilience of the system and achieving the Union’s renewable energy targets. Solar energy equipment and co-located energy storage with a capacity below 100 kW is not likely to have significant adverse effects on the environment as it is usually installed on or in buildings or artificial structures and in built areas. It is not likely to have significant adverse effects on the grid either, nor does it raise safety concerns. In addition, small installations do not generally require capacity expansion at the grid-connection point. In order to further accelerate the deployment of small-scale solar equipment and co-located energy storage, Member States should not require any administrative permits for these installations, with the exception of the grid connection permits, as is already the case in several Member States. Safeguards should however be put in place to avoid the splitting up of projects for the purpose of remaining under the 100 kW threshold and benefitting from the administrative permit exemption. Aligning Union legislation with existing best practices should allow further acceleration of the deployment of these installations in a harmonised manner. The installation of solar energy equipment and co-located energy storage above 100 kW in existing or future artificial structures does not typically raise concerns related to competing uses of space or environmental impact. Those installations should therefore benefit from shorter permit-granting procedures and be exempt, with appropriate safeguards, from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU of the European Parliament and of the Council.11 |
| 11 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj). | 11 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj). |
Or. en
Amendment 9
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Renewable energy plays a key role in the decarbonisation of the Union’s energy system by offering immediate solutions to replace fossil-fuel based energy and contributes to reduce energy prices and increase energy security. Therefore, the authorisation of renewable energy projects should not be too easily blocked due to the mere existence of any type of conflicting interests. Member States should promote renewable energy plants and infrastructure assets such as co-located and stand-alone storage assets and the related grid and recharging stations by expanding the existing presumption applicable for conflicts with environmental interests to any other conflicting interests, except in relation to cultural heritage and where it is evident that those conflicting interests have to take priority despite the important benefits of renewable energy. Renewable energy projects, when presumed of being of overriding public interest over non-environmental interests, should be given priority and authorised. In order to ensure a harmonised application of this rebuttable presumption, Member States should not be allowed to introduce exceptions when dealing with all types of conflicts, including environmental ones. | (11) Renewable energy plays a key role in the decarbonisation of the Union’s energy system by offering immediate solutions to replace fossil-fuel based energy and contributes to reduce energy prices and increase energy security. Therefore, the authorisation of renewable energy projects should not be too easily blocked due to the mere existence of any type of conflicting interests. Member States should promote renewable energy plants and infrastructure assets such as co-located and stand-alone storage assets and the related grid and recharging stations by expanding the existing presumption applicable for conflicts with environmental interests to any other conflicting interests, except in relation to cultural heritage and where it is evident that those conflicting interests have to take priority despite the important benefits of renewable energy. Renewable energy projects, when presumed of being of overriding public interest over non-environmental interests, should be given priority and authorised. Member States should continue to be allowed to introduce exceptions when dealing with all types of conflicts, including environmental ones, as they may want to prioritise certain renewable energy technologies - including due to their lower environmental impacts - over others, or as they may want to strictly protect certain parts of their territories, including because they may host particularly rare, vulnerable or endangered species or habitats. |
Or. en
Amendment 10
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
|---|---|
| (12) In order to speed up the deployment of renewables, their related assets and their connection to the grid, it is appropriate to also specify how the remaining conditions for applying specific derogations as provided for in Union environmental legislation can be met. In particular, for the purposes of relevant Union environmental law, when assessing whether there are satisfactory alternative solutions to the specific renewable energy project, the scope of such assessment should be limited to alternative solutions that ensure the achievement of the same objectives as the project in question within the same or similar timeframe and without resulting in significantly higher costs. When comparing the timeframe and the cost of satisfactory alternative solutions, the relevant authorities should take into account the need to deploy renewable energy in an accelerated and cost-effective manner in accordance with the priorities set out in their integrated national energy and climate plans and updates thereof submitted pursuant to Regulation (EU) 2018/1999 of the European Parliament and the Council12 and the expected speed to achieve those priorities. Similarly, when applying the relevant derogation provided for in Council Directive 92/43/EEC,13 it is appropriate that the relevant authorities may, in some justified cases where it can be reasonably demonstrated that the relevant plan or project would not affect irreversibly the ecological processes essential for maintaining the structure and functions of the site, that the overall coherence of the Natura 2000 network is not compromised, the environmental integrity of the site is preserved and that a high level of protection of the Natura 2000 sites is ensured, allow the compensatory measures to be carried out in parallel with the implementation of such plan or project. | (12) In order to speed up the deployment of renewables, their related assets and their connection to the grid, it is appropriate to also specify how the remaining conditions for applying specific derogations as provided for in Union environmental legislation can be met. When applying the relevant derogation provided for in Council Directive 92/43/EEC,13 it is appropriate that the relevant authorities may, in some justified cases where it can be reasonably demonstrated that the relevant plan or project would not affect irreversibly the ecological processes essential for maintaining the structure and functions of the site, that the overall coherence of the Natura 2000 network is not compromised, the environmental integrity of the site is preserved and that a high level of protection of the Natura 2000 sites is ensured, allow the compensatory measures to be carried out in parallel with the implementation of such plan or project. In line with case law from the European Court of Justice and the Commission's guidance, when assessing whether there are satisfactory alternative solutions to the specific renewable energy project, for the purposes of relevant Union environmental law, competent authorities should adhere to the principle of proportionality, they should balance ecological, economic and social advantages and disadvantages, and they should consider best available scientific and technical knowledge. |
| 12 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1, ELI http://data.europa.eu/eli/reg/2018/1999/oj). | 12 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1, ELI http://data.europa.eu/eli/reg/2018/1999/oj). |
| 13 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). | 13 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). |
Or. en
Amendment 11
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) Accelerating the deployment of stand-alone energy storage is crucial to increase the flexibility of the energy system and to ensure system integration of renewable energy production. Stand-alone storage should therefore benefit from accelerated permit-granting procedures. Small-scale energy storage with a capacity below 100 kW is not likely to have significant adverse effects on the environment or the grid and is not expected to raise concerns related to competing uses of space. In view of this, it is appropriate to streamline the permit-granting procedures applicable to this type of storage by eliminating all administrative permits, with the exception of the grid connection permit, and exempting, with appropriate safeguards, these installations from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU. The deployment of energy storage with a capacity above 100 kW also needs to be accelerated. Therefore, it is appropriate to streamline their permit-granting procedure by establishing a maximum overall deadline of six months, except for pumped hydropower storage, which must comply with stricter environmental requirements and therefore requires a longer maximum overall deadline. To ensure system integration of renewable energy production, it is necessary to increase flexibility sources, notably batteries of electric vehicles, as they can contribute to shifting peak electricity demand and reducing grid congestion. In order to achieve this, a swifter and easier deployment of recharging road infrastructure should be further promoted, notably covering cars, vans, trucks, busses or motorcycles, and plug-in hybrid or pure electric vehicles. Both alternating current and direct current recharging stations should benefit from accelerated permit-granting procedures, including for grid connection permits. Small recharging stations with a capacity below 100 kW are not likely to have significant adverse effects on the environment or the grid and are not expected to raise concerns related to competing uses of space. In view of this, it is appropriate to streamline the permit-granting procedures applicable to these recharging stations by eliminating all administrative permits, with the exception of the grid connection permit, and exempting, with appropriate safeguards, these installations from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU. The installation of recharging stations with a capacity above 100 kW also needs to be accelerated. Therefore, it is appropriate to streamline their permit-granting procedure by establishing a maximum overall deadline of six months. | (13) Accelerating the deployment of stand-alone energy storage is crucial to increase the flexibility of the energy system and to ensure system integration of renewable energy production. Stand-alone storage should therefore benefit from accelerated permit-granting procedures. Small-scale energy storage with a capacity below 100 kW is not likely to have significant adverse effects on the environment as it is usually installed in buildings or at least in built areas, and it is not expected to raise concerns related to competing uses of space, and it is not likely to have significant adverse effects on the grid. In view of this, it is appropriate to streamline the permit-granting procedures applicable to this type of storage by eliminating all administrative permits, with the exception of the grid connection permit, and exempting, with appropriate safeguards, these installations from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU. The deployment of energy storage with a capacity above 100 kW also needs to be accelerated. Therefore, it is appropriate to streamline their permit-granting procedure by establishing a maximum overall deadline of six months, except for pumped hydropower storage, which must comply with stricter environmental requirements and therefore requires a longer maximum overall deadline. To ensure system integration of renewable energy production, it is necessary to increase flexibility sources, notably batteries of electric vehicles, as they can contribute to shifting peak electricity demand and reducing grid congestion. In order to achieve this, a swifter and easier deployment of recharging road infrastructure should be further promoted, notably covering cars, vans, trucks, busses or motorcycles, and plug-in hybrid or pure electric vehicles. Both alternating current and direct current recharging stations should benefit from accelerated permit-granting procedures, including for grid connection permits. Small recharging stations with a capacity below 100 kW are not likely to have significant adverse effects on the environment or the grid and are not expected to raise concerns related to competing uses of space. In view of this, it is appropriate to streamline the permit-granting procedures applicable to these recharging stations by eliminating all administrative permits, with the exception of the grid connection permit, and exempting, with appropriate safeguards, these installations from the obligation to carry out an environmental impact assessment pursuant to Directive 2011/92/EU. The installation of recharging stations with a capacity above 100 kW also needs to be accelerated. Therefore, it is appropriate to streamline their permit-granting procedure by establishing a maximum overall deadline of six months. |
Or. en
Amendment 12
Proposal for a directive
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (23) Due to their role integrating renewable energy assets, flexibility solutions, energy storage and enabling electrification in general, electricity transmission or distribution system infrastructure are essential to reach climate neutrality. Considering the key role of electricity system infrastructure to reach climate neutrality, in the necessary case-by-case assessments, Member States should presume electricity transmission or distribution system infrastructure, including on-shore power supply in ports to be of overriding public interest and serving public health and safety, except for in relation to cultural heritage and where there is clear evidence that those projects have significant adverse effects on the environment which cannot be mitigated or compensated for. Electricity transmission or distribution system infrastructure presumed to be of overriding public interest over non-environmental interests should be given priority over non-environmental interests and authorised as fast as possible. | (23) Due to their role integrating renewable energy assets, flexibility solutions, energy storage and enabling electrification in general, electricity transmission or distribution system infrastructure are essential to reach climate neutrality. Considering the key role of electricity system infrastructure to reach climate neutrality, in the necessary case-by-case assessments, Member States should consider electricity transmission or distribution system infrastructure, including on-shore power supply in ports, as being of public interest and serving public health and safety and may consider them as being of overriding public interest, except for in relation to cultural heritage and where there is clear evidence that those projects have significant adverse effects on the environment which cannot be mitigated or compensated for. Electricity transmission or distribution system infrastructure considered to be of overriding public interest over non-environmental interests should be given priority over non-environmental interests and authorised as fast as possible. |
Or. en
Amendment 13
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
|---|---|
| (24) In order to speed up the deployment of electricity grids, it is appropriate to specify how the conditions for applying specific derogations as provided for in Union environmental legislation can be met. In particular, when assessing whether there are satisfactory alternative solutions to the electricity grid project, the scope of such assessment should be limited to alternative solutions that ensure the achievement of the same objective within the same or similar timeframe and without resulting in significantly higher costs. When comparing the timeframe and the cost of satisfactory alternative solutions, the relevant authorities should take into account the need to deploy grids in an accelerated and cost-effective manner in accordance with the priorities set out in their integrated national energy and climate plans and updates thereof submitted pursuant to Regulation (EU) 2018/1999. Similarly, when applying the relevant derogation provided for in Directive 92/43/EEC, it is appropriate that the relevant authorities may, in some justified cases where it can be reasonably demonstrated that the relevant plan or project would not affect irreversibly the ecological processes essential for maintaining the structure and functions of the site, that the overall coherence of the Natura 2000 network is not compromised, the environmental integrity of the site is preserved and that a high level of protection of the Natura 2000 sites is ensured, allow the compensatory measures to be carried out in parallel with the implementation of the plan and project . | (24) In order to speed up the deployment of electricity grids, it is appropriate to specify how the conditions for applying specific derogations as provided for in Union environmental legislation can be met. When applying the relevant derogation provided for in Directive 92/43/EEC, it is appropriate that the relevant authorities may, in some justified cases where it can be reasonably demonstrated that the relevant plan or project would not irreversibly affect the ecological processes essential for maintaining the structure and functions of the site, that the overall coherence of the Natura 2000 network is not compromised, the environmental integrity of the site is preserved and that a high level of protection of the Natura 2000 sites is ensured, allow the compensatory measures to be carried out in parallel with the implementation of the plan and project. When assessing whether there are satisfactory alternative solutions to the electricity grid project, competent authorities should adhere to the principle of proportionality, they should balance ecological, economic and social advantages and disadvantages, and they should consider best available scientific and technical knowledge. |
Or. en
Amendment 14
Proposal for a directive
Recital 25
| Text proposed by the Commission | Amendment |
|---|---|
| (25) Due the urgency in deploying energy infrastructure, the importance of streamlining authorisation procedures and the fact that environmental assessments represent the step with the longest duration in authorisation procedures, it matters to minimise such assessments without jeopardising the protection of the environment. The refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, are projects which generally entail minimal environmental impacts. Refurbishment, modernisation or repowering projects are routinely of limited size and affect only part of existing assets for which environmental impacts have been previously assessed. As a result, the impacts of such projects are often limited to those of construction works, with the operation of the asset having the same, or even a lesser, impact than the operation of the project it targeted. Distribution systems on the other hand, due to the smaller size of their projects, lower voltage of their assets and tendency to be developed in built areas closer to consumers tend not to have significant environmental impacts. As such, to accelerate the deployment of the electricity system infrastructure and achieve climate neutrality and renewable energy targets, Member States should be allowed to justifiably exempt, under certain conditions, the projects mentioned in this recital from environmental impact assessments and appropriate assessments and the assessment of their implications on species protection pursuant to Article 12(1) of Directive 92/43/EEC17 and to Article 5 of Directive 2009/147/EC18 . | (25) Due the urgency in deploying energy infrastructure, the importance of streamlining authorisation procedures and the fact that environmental assessments represent the step with the longest duration in authorisation procedures, it matters to minimise such assessments without jeopardising the protection of the environment. The refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, are projects which generally entail minimal environmental impacts. Refurbishment, modernisation or repowering projects are routinely of limited size and affect only part of existing assets for which environmental impacts have been previously assessed. As a result, the impacts of such projects are often limited to those of construction works, with the operation of the asset having the same, or even a lesser, impact than the operation of the project it targeted. Distribution systems on the other hand, due to the smaller size of their projects, lower voltage of their assets and tendency to be developed in built areas closer to consumers tend not to have significant environmental impacts. As such, to accelerate the deployment of the electricity system infrastructure and achieve climate neutrality and renewable energy targets, Member States should be allowed to justifiably exempt, under certain conditions, including a prior screening, and only outside of Natura 2000 and other areas under national protection schemes, the projects mentioned in this recital from environmental impact assessments and appropriate assessments and the assessment of their implications on species protection pursuant to Article 12(1) of Directive 92/43/EEC17 and to Article 5 of Directive 2009/147/EC18 . |
| 17 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). | 17 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). |
| 18 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7, , ELI: http://data.europa.eu/eli/dir/2009/147/oj). | 18 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7, , ELI: http://data.europa.eu/eli/dir/2009/147/oj). |
Or. en
Amendment 15
Proposal for a directive
Recital 25 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (25 a) Exemptions from the environmental impact assessment obligations arising from Directive 2011/92/EU provided for in this Directive should not be construed as exempting project developers from environmental impact assessment obligations arising from other Union laws, such as Directive 92/43/EEC. |
Or. en
Amendment 16
Proposal for a directive
Recital 27
| Text proposed by the Commission | Amendment |
|---|---|
| (27) National transmission network planning reflecting developments in climate and energy policy and related changes in consumption and generation is critical for success of electrification and energy transition as a whole. However, existing requirements under Article 51 of Directive (EU) 2019/944 only applied to certain transmission system operators and did not provide for sufficiently long period of planning to account for anticipatory investment. It is important that transmission system expansion consider at least fifteen years' time horizon, and considers with priority use of non-fossil flexibility, non-wire solutions and other alternatives to system expansion, is based on a joint scenario developed with other system operators across sectors and is aligned with the central scenario under the Union-wide ten-years network development plan. To ensure transparency and incorporate grid users, including generation, industry, data and transport sectors better in the network planning, link to Article 55 of Directive (EU) 2024/1788 also requires their early consultation during the joint scenario development process to allow anticipatory investment. | (27) National transmission network planning reflecting developments in climate and energy policy and related changes in consumption and generation is critical for success of electrification and energy transition as a whole. However, existing requirements under Article 51 of Directive (EU) 2019/944 only applied to certain transmission system operators and did not provide for sufficiently long period of planning to account for anticipatory investment. It is important that transmission system expansion considers at least fifteen years' time horizon, considers with priority use of non-fossil flexibility, non-wire solutions and other alternatives to system expansion, is based on a joint scenario developed with other system operators across sectors, is aligned with the central scenario under the Union-wide ten-years network development plan, is aligned with and contributes to national energy and climate plans, intermediate and climate neutrality objectives and the efforts towards strengthening resilience and reducing vulnerability to climate change as laid out in Regulation 2018/1999, and respects Union’s nature protection and environmental objectives and requirements. To ensure transparency and incorporate grid users, including generation, industry, data and transport sectors better in the network planning, link to Article 55 of Directive (EU) 2024/1788 also requires their early consultation during the joint scenario development process to allow anticipatory investment. |
Or. en
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2018/2001
Article 15 c – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Member States shall endeavour not to designate large areas where the installation of renewable energy plants and their related infrastructure is legally or de facto restricted due to environmental reasons, including protection of landscape, unless they can demonstrate that those types of plants and their related infrastructure would result in irreversible damage in the area which cannot be mitigated or compensated for during the environmental assessment pursuant to Directive 2011/92/EU and, where relevant, the appropriate assessment pursuant to Article 6(3) of Directive 92/43/EEC; | 6. Member States shall ensure that environmental considerations underpinning any spatial planning or mapping relevant to the installation of renewable energy plants and their related infrastructure are objective, science-based, and transparent. While aiming to minimise the negative environmental impacts arising from the installation of renewable energy plants and their related infrastructure, Member States shall ensure that installation restrictions based on environmental reasons are proportionate, justified and included in the coordinated mapping referred to in Article 15b. |
Or. en
Justification
The text proposed by the Commission interferes with national spatial planning prerogatives, and complexifies spatial planning processes. The amendment nuances the Commission proposal. It clarifies how Member States should take into account environmental protection in the context of spatial planning, thus helping Member States to strike a balance between renewable energy deployment and environmental protection goals, without interfering with their spatial planning processes.
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2018/2001
Article 15 c – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. in Article 15 c, the following paragraph is inserted: | |
| "The Commission shall assist Member States in carrying out the coordinated mapping referred to in paragraph 1 of Article 15b as well as in the designation of renewable acceleration areas referred to in paragraph 1 of this Article, including by: | |
| (i) facilitating the use of reliable geospatial databases and assessment tools across the Union, particularly of artificial and built surfaces, as well as of land occupied by decommissioned and to-be-decommissioned coal mines, for the purpose of assessing the renewable energy potential and prioritising the deployment of renewable energy sources on those surfaces; | |
| (ii) facilitating the use of reliable sensitivity maps for biodiversity and nature conservation across the Union, for the purpose of avoiding the deployment of renewable energy sources in sensitive areas; | |
| (iii) providing guidance on the integration, both in spatial planning and in project development, of practices that have positive effects on the conservation status of local natural habitats and species of wild fauna and flora." |
Or. en
Justification
Member States are required to identify the domestic potential of and available areas for the installation of renewable energy plants and their related infrastructure, but they may lack the tools to carry out such a difficult task. At the same time, Member States may find it challenging to assess the impact, both negative and positive, that renewable energy projects may have on biodiversity. EU assistance will ensure that such task is fulfilled with the same high level of accuracy across the EU.
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2018/2001
Article 15 c – paragraph 6 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6 b. in Article 15 c, the following paragraph is inserted: | |
| "In establishing the rules referred to in paragraph 1(b) of this Article on effective mitigation measures applicable in renewable acceleration areas, Member States shall take into account the latest available best practices for avoiding and minimising negative impacts and, where feasible, for creating positive impacts on nature, in accordance with the mitigation hierarchy, including sensitivity mapping, nature-inclusive project design, bird flight diverters, and integrated vegetation management." |
Or. en
Justification
This helps ensure that Member States follow the latest best practices when designating renewable acceleration areas and setting related mitigation measures, hence maximising nature protection.
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive (EU) 2018/2001
Article 16 c – paragraph 2 b
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. Member States shall ensure that a change in the status of the land where a renewable energy installation is placed does not prevent that installation from being repowered.; | 2b. Without prejudice to existing legislation, Member States shall ensure that a change in the status of the land where a renewable energy installation is placed does not prevent that installation from being repowered.; |
Or. en
Justification
This change avoids unforeseen consequences due to the articulation with other legislation.
Amendment 21
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point c
Directive (EU) 2018/2001
Article 16 c – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where the repowering of wind energy installations increases the total capacity of the installation without using additional land surface and complies with the applicable environmental mitigation measures established for the original wind energy installation, the project shall be exempt from any applicable requirements to carry out a screening process pursuant to Article 16a(4), to determine whether the project requires an environmental impact assessment pursuant to Article 4(2) of Directive 2011/92/EU or Article 5 of Regulation [xxxxx] of the European Parliament and of the Council, or to carry out an environmental impact assessment pursuant to Article 4(1) of Directive 2011/92/EU.; | 4. Where the repowering of wind energy installations increases the total capacity of the installation without using additional land surface, reduces the number of turbines and the original wind energy installation was subject to an environmental impact assessment pursuant to Article 4(1) of Directive 2011/92/EU and complies with the applicable environmental mitigation measures established at that time and those measures are still appropriate, the project shall be exempt from any applicable requirements to carry out a screening process pursuant to Article 16a(4), to determine whether the project requires an environmental impact assessment pursuant to Article 4(2) of Directive 2011/92/EU, or to carry out an environmental impact assessment pursuant to Article 4(1) of Directive 2011/92/EU.; |
Or. en
Justification
The Commission proposal should be nuanced so as to mitigate the risk of negative environmental consequences.
Amendment 22
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive (EU) 2018/2001
Article 16 d – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall not require any administrative permits, including on environmental aspects, with the exception of grid connection permits, for the installation of solar energy equipment and co-located energy storage with a total installed capacity of 100 kW or less. Without prejudice to paragraph 1, Member States shall restrict the application of this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas; | Member States shall not require any administrative permits, including on environmental aspects, with the exception of grid connection permits, for the installation of solar energy equipment and co-located energy storage with a total installed capacity of 100 kW or less, provided that the cumulation with other existing or approved projects does not result in likely significant adverse effects on the environment. This paragraph shall not apply in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas; |
Or. en
Justification
The proposed exemption from environmental impact assessments and permitting is acceptable in light of the low environmental impact of relatively small solar installations. However, we must introduce a safeguard against the risk of artificially splitting up projects for the purpose of benefitting from the permitting exemption. The language is taken from the EIA Directive. The proposed change to the last sentence makes the Commission text clearer.
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Directive (EU) 2018/2001
Article 16 f – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the last two sentences are deleted; | deleted |
Or. en
Justification
Member States should retain their right to not always and everywhere facilitate the installation of renewable energy projects by declaring them in the overriding public interest when that installation has a negative impact on the protection of a special area of conservation. Member States may have decided in their NECPs to develop more certain technologies and less others, including because of environmental impact considerations.
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16 g – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When assessing whether satisfactory alternative solutions to projects of renewable energy plants, the connection of such plants to the grid, the related grid itself and storage assets exist for the purposes of Articles 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled if there are no satisfactory alternative solutions capable of achieving the same objective of the project in question in terms of the 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. | 1. The assessment of whether satisfactory alternative solutions to projects of renewable energy plants, the connection of such plants to the grid, the related grid itself and storage assets exist in the meaning of Articles 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, shall be based on the principle of proportionality and on the balancing of ecological, economic and social advantages and disadvantages, and it shall be made on the basis of the best available scientific and technical knowledge. |
Or. en
Justification
By defining a satisfactory alternative solution as basically an identical project located somewhere else developed within the same time frame, at comparable cost, the proposal de facto deletes one of the cumulative conditions set out in the Habitats Directives that have to be fulfilled for a project to be able to go ahead even when it has negative impacts on the a special area of conservation. This would also contradict ECJ jurisprudence and Commission guidance.
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16 h – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall not require any administrative permit, including environmental ones, with the exception of grid connection permits, for the installation of stand-alone storage, other than hydrogen storage, with a total installed capacity of 100 kW or less. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of that storage shall be exempt from the requirement applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. Member States shall restrict the application of this subparagraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | 2. Member States shall not require any administrative permit, including environmental ones, with the exception of grid connection permits, for the installation of stand-alone storage, other than hydrogen storage, with a total installed capacity of 100 kW or less, provided that the cumulation with other existing or approved projects does not result in likely significant adverse effects on the environment. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of that storage shall be exempt from the requirement applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. This subparagraph shall not apply in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. |
Or. en
Justification
The proposed exemption from environmental impact assessments and permitting is acceptable in light of the low environmental impact of relatively small storage installations. However, we must introduce a safeguard against the risk of artificially splitting up projects for the purpose of benefitting from the permitting exemption. The language is taken from the EIA Directive. The proposed change to the last sentence makes the Commission text clearer.
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16 i – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall not require any administrative permit, including on environmental aspects, with the exception of grid connection permits, for the installation of recharging stations with a total installed capacity of 100 kW or less. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of those stations shall be exempt from the requirement, where applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. Member States shall restrict the application of this subparagraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | 2. Member States shall not require any administrative permit, including on environmental aspects, with the exception of grid connection permits, for the installation of recharging stations with a total installed capacity of 100 kW or less, provided that the cumulation with other existing or approved projects does not result in likely significant adverse effects on the environment. By way of derogation from Article 2(1) of Directive 2011/92/EU, the installation of those stations shall be exempt from the requirement, where applicable pursuant to Article 2(1) of that Directive, to carry out a dedicated environmental impact assessment. This subparagraph shall not apply in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. |
Or. en
Justification
The proposed exemption from environmental impact assessments and permitting is acceptable in light of the low environmental impact of relatively small EV charging installations. However, we must introduce a safeguard against the risk of artificially splitting up projects for the purpose of benefitting from the permitting exemption. The language is taken from the EIA Directive. The proposed change to the last sentence makes the Commission text clearer.
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 a (new)
Directive (EU) 2018/2001
Article 15c – paragraph 1 – point a
| Present text | Amendment |
|---|---|
| In Article 15 c, paragraph 1, point a is amended as follows: | |
| (a) designate sufficiently homogeneous land, inland water, and sea areas where the deployment of a specific type or specific types of renewable energy sources is not expected to have a significant environmental impact, in view of the particularities of the selected area, while: | "(a) designate sufficiently homogeneous land, inland water, and sea areas where the deployment of a specific type or specific types of renewable energy sources is either not expected to face significant climate-related hazards or can be designed so as to be resistant to or even reduce those hazards, and is not expected to have a significant environmental impact, in view of the particularities of the selected area, while:" |
Or. en
(Directive (EU) 2018/2001)
Justification
As pointed out by the EEA in their first European Climate Risk Assessment Report and by the European Scientific Advisory Board for Climate Change in their Strengthening Resilience to Climate Change report, in light of growing climate risks and threats, it is important to strengthen climate proofing of Europe’s infrastructure, including energy infrastructure.
Amendment 28
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure 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. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. | Until climate neutrality is achieved at Union level, with regard to the environmental impacts or obligations addressed in 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 or in Union legislative provisions regarding the restoration of terrestrial, coastal and freshwater ecosystems, Member States shall ensure that, in the necessary case-by-case assessments in the context of authorisation procedures, the planning, the construction and operation of transmission or distribution system infrastructure are considered to be of public interest or serving public health and safety, and may be considered to have an overriding public interest provided that all the conditions set out in those Union legislative acts are fulfilled. Member States may, in duly justified and specific circumstances, restrict the application to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics. |
Or. en
Justification
By granting automatic OPI to all grid infrastructure projects, the Commission proposal goes too far. The Commission already proposed amendments to the RED that grant automatic OPI to renewables, as well as their connection to the grid, the related grid itself, storage assets and electric vehicle recharging stations. This amendment mirrors language agreed in NZIA, CRMA, CMA, EDIP and language proposed in TEN-E and the environmental omnibus.
Amendment 29
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 9 – subparagraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU and Annex I, point 20, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original installation, from: | Until climate neutrality is achieved at Union level, by way of derogation from Article 2(1) and Article 4(1) and 4(2) of Directive 2011/92/EU, and Annex II, point (3)(b), of that Directive, and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States shall ensure that the competent authority may, under justified circumstances, including the need to accelerate the deployment of the electricity system infrastructure to achieve climate neutrality and renewable energy targets, exempt the refurbishment, modernisation, or repowering of existing transmission and distribution system infrastructure, provided it does not entail the use of additional space nor a significant change to the initial characteristics and the original infrastructure was subject to the assessments referred to in points (a) to (c) below, and it complies with the applicable environmental mitigation measures established at that time and it has undergone a screening whereby the competent national authority has ascertained that the changes or extensions are not likely to have a significant environmental impact compared to the original project, from: |
Or. en
Justification
The Commission proposal should be nuanced so as to mitigate the risk of negative environmental consequences.
Amendment 30
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 9 – subparagraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the screening pursuant to Article 5 of Regulation [xxxxx] of the European Parliament and of the Council, | deleted |
Or. en
Justification
A screening should be performed at the very least.
Amendment 31
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 9 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Those exemptions shall not apply to the refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, or associated equipment, which are likely to have significant effects on the environment in another Member State, in accordance with Article 7 of Directive 2011/92/EU. | Those exemptions shall not apply to the refurbishment, modernisation or repowering of existing transmission and distribution system infrastructure, and the construction of new distribution system infrastructure, or associated equipment, which are likely to have significant effects on the environment in another Member State, in accordance with Article 7 of Directive 2011/92/EU. Where the screening referred to in the first subparagraph identifies a likely significant environmental impact, the competent authority shall inform the project developer within 45 days from the application that an assessment referred to in points (a), (b) and (c) of paragraph is required. |
Or. en
Justification
This amendment is consistent with the amendment proposed to the previous subparagraph, requiring at least a screening.
Amendment 32
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 9 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall restrict the application of this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | Member States shall not apply this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. |
Or. en
Justification
Editorial amendment.
Amendment 33
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2019/944
Article 8 – paragraph 10 – subparagraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall restrict the application of this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. | Member States shall not apply this paragraph in Natura 2000 areas and other areas under national protection schemes and cultural or historical heritage protected areas. |
Or. en
Justification
Editorial amendment.
Amendment 34
Proposal for a directive
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 8 a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When assessing whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist for the purposes of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives shall be fulfilled where there are no satisfactory alternative solutions capable of achieving the same objective of the project in question, in terms of the development of the same capacity through the same technology within the same or similar timeframe and without resulting in significantly higher costs. | 1. The assessment of whether satisfactory alternative solutions to transmission or distribution system infrastructure projects, and associated equipment, exist in the meaning of Articles 6(4) and Article 16(1) of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article 9(1) of Directive 2009/147/EC, shall be based on the principle of proportionality and the balancing of ecological, economic and social advantages and disadvantages, and it shall be made on the basis of the best available scientific and technical knowledge. |
Or. en
Justification
By defining a satisfactory alternative solution as basically an identical project located somewhere else developed within the same time frame, at comparable cost, the proposal de facto deletes one of the cumulative conditions set out in the Habitats Directives that have to be fulfilled for a project to be able to go ahead even when it has negative impacts on the a special area of conservation. This would also contradict ECJ jurisprudence and Commission guidance.
Amendment 35
Proposal for a directive
Article 2 – paragraph 1 – point 3
Regulation (EU) 2019/944
Article 40 a – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) be in line with the integrated national energy and climate plan and its updates, take into account the state of play in the integrated national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999, be consistent with targets set by Directive (EU) 2018/2001, follow the application of the energy efficiency first principle in accordance with Article 27 of Directive (EU) 2023/1791 and support the climate-neutrality objective set out in Article 2(1) and Article 4(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council25 ; | (d) be in line with the integrated national energy and climate plan and its updates, take into account the state of play in the integrated national energy and climate plans submitted in accordance with Regulation (EU) 2018/1999, be consistent with targets set by Directive (EU) 2018/2001, follow the application of the energy efficiency first principle in accordance with Article 27 of Directive (EU) 2023/1791, support the climate-neutrality objective set out in Article 2(1) and Article 4(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council25 and support progress towards strengthened resilience and reduced vulnerability to climate change as referred to in Article 5(1) of that Regulation, as well as be in line with the Union’s environmental and biodiversity objectives and requirements; |
| 25 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj) | 25 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj) |
Or. en
Justification
As stated in the First Risk Assessment Report of the European Environmental Agency, and as recommended by the European Scientific Advisory Board on Climate Change for instance in their report 'Strengthening resilience to climate change – Recommendations for an effective EU adaptation policy framework', there is a need to strengthen climate proofing of EU policies and programmes. The conception of the TYNDP should also consider minimising environmental and biodiversity impacts of network development.
Amendment 36
Proposal for a directive
Article 2 – paragraph 1 – point 3
Regulation (EU) 2019/944
Article 40 a – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) take into account the latest available best practices for avoiding and minimising negative impacts and, where feasible, for creating positive impacts, on nature, in accordance with the mitigation hierarchy, including sensitivity mapping, nature-inclusive project design, bird flight diverters, and integrated vegetation management. |
Or. en
Justification
This helps ensure that transmission system operators follow the latest biodiversity best practices when preparing their TYNDPs and planning the building and refurbishment of grid infrastructure.
Amendment 37
Proposal for a directive
Article 2 – paragraph 1 – point 3
Regulation (EU) 2019/944
Article 40 a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The Commission shall assist transmission system operators in the consideration of nature-protection aspects as part of the elaboration of the ten-year network development plan, including by: | |
| (i) facilitating the use of reliable geospatial databases and assessment tools and sensitivity maps for biodiversity and nature conservation, for the purpose of prioritising the deployment of grid infrastructure where the impacts on the environment and biodiversity are the lowest; | |
| (ii) providing guidance on the integration in infrastructure projects of practices that have positive effects on the conservation status of local natural habitats and species of wild fauna and flora. |
Or. en
Justification
Transmission system operators may lack the expertise, resources and tools to plan grid infrastructure refurbishment and expansion in a way that minimises negative impacts on the environment and biodiversity and provides biodiversity benefits. Commission assistance would be of key importance.
Annex: declaration of input 4 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that he included in his draft opinion input on matters pertaining to the subject of the file that he received, in the preparation of the draft opinion, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:
| 1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register |
| Solar Power Europe |
| Renewable Grid Initiative |
| WindEurope |
| EURELECTRIC |
| ChargeUp Europe |
| FASTNED |
| ClientEarth |
| CAN Europe |
| BirdLife international |
| European Environmental Bureau |
| Danish Industry |
| The Nature Conservancy |
| 2. Representatives of public authorities of third countries, including their diplomatic missions and embassies |
The list above is drawn up under the exclusive responsibility of the rapporteur for opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for opinion declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.