|
17.5.2023 |
EN |
Official Journal of the European Union |
C 177/148 |
P9_TA(2022)0441
Renewable Energy, Energy Performance of Buildings and Energy Efficiency Directives: amendments (REPowerEU)
Amendments adopted by the European Parliament on 14 December 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (COM(2022)0222 — C9-0184/2022 — 2022/0160(COD)) (1)
(Ordinary legislative procedure: first reading)
[Amendment 1 unless otherwise indicated]
(2023/C 177/24)
AMENDMENTS BY THE EUROPEAN PARLIAMENT (*1)
to the Commission proposal
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192(1) and 194(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the ordinary legislative procedure (4),
Whereas:
|
(1) |
In the context of the European Green Deal (5), Regulation (EU) 2021/1119 of the European Parliament and of the Council (6) established the objective of the Union becoming climate neutral in 2050 at the latest , as well as the target of at least a 55 % reduction in greenhouse gas emissions by 2030. This requires a just energy transition that leaves no territory or citizen behind, increased efficiency and significantly higher shares of renewable energy sources in an integrated energy system. |
|
(2) |
Renewable energy plays a fundamental role in delivering on these objectives, given that the energy sector contributes today over 75 % of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy can also contribute to tackling environmental-related challenges such as biodiversity loss and to reducing land, water and air pollution in line with the objectives of the Zero-Pollution Action Plan. |
|
(2a) |
The general context created by Russia’s invasion of Ukraine and the effects of the COVID-19 pandemic has led to a surge in energy prices across the Union, thus highlighting the need to accelerate energy efficiency and increase the use of renewable energy in the Union. In order to achieve the long-term objective of an energy system that is independent of third countries, the Union should focus on accelerating the green transition and ensuring an emission-reducing energy policy that reduces dependence on imported fossil fuels and establishes fair and affordable prices for Union citizens and enterprises in all sectors of the economy. |
|
▌ |
|
|
(4) |
Lengthy administrative procedures are one of the key barriers for investments in renewables and their related infrastructure. These barriers include the complexity of the applicable rules for site selection and administrative authorisations for projects, including possible restrictions related to the historical significance of certain sites, the complexity and duration of the assessment of the environmental impacts of the projects, and related energy networks connection issues, constraints on adapting technology specifications during the permit-granting procedure, or staffing issues of the permit-granting authorities or grid operators. In order to accelerate the pace of deployment of renewable energy projects it is necessary to adopt rules which would simplify and shorten permit-granting processes , taking into account the social acceptance of the renewable energy deployment . |
|
(5) |
The Directive (EU) 2018/2001 streamlines the requirements to simplify the administrative procedures for authorising renewable energy plants by introducing rules on the organisation and maximum duration of the administrative part of the permit-granting process for renewable energy projects, covering all relevant permits to build, repower and operate plants, and for their grid connection. |
|
(6) |
A further simplification and shortening of the administrative permit-granting processes for renewable energy plants and their related infrastructure, including network connections , 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, while taking into account the ‘do no harm’ principle of the European Green Deal. The introduction of shorter and clear deadlines for decisions to be taken by the authorities competent for issuing the authorisation for the renewable energy installations on the basis of a complete application, will accelerate the deployment of renewable energy projects. It is appropriate however to make a distinction between projects in areas particularly suitable for the deployment of renewable energy projects, for which deadlines can be particularly streamlined (renewables acceleration areas), and projects located outside those areas. |
|
(7) |
Some of the most common issues faced by renewable energy project developers relate to complex and lengthy administrative, permitting and grid connection procedures established at national or regional level and a lack of sufficient staffing and technical expertise in permitting authorities to assess the environmental impact of the proposed projects. Therefore, it is appropriate to streamline certain environmental-related aspects of the permit-granting procedures and processes for renewable energy projects. Further, it is also appropriate to ensure that energy system operators support an efficient deployment of renewable energy projects through the procurement of flexibility services in line with the provisions of the Regulation (EU) 2019/943 and the Directive (EU) 2019/944. [Am. 5] |
|
(7a) |
Complex, lengthy and opaque administrative procedures have a disproportionate impact on citizens, local authorities and SMEs, acting as renewables self-consumers individually or through aggregators and renewable energy communities. This is often due, in particular, to a lack of experience or expertise, financial and human resources to navigate permitting and grid connection processes. It is necessary to make it easier for non-professional and non-commercial market actors to successfully navigate obtaining relevant approvals. This should be facilitated by simplification, where necessary, as well as dedicated windows where these actors do not have the same capacity as other professional well-resourced market participants. The integrated multilevel planning and mapping of renewable energy, should reflect the local planning and mapping carried out at local and regional level as well as identify the estimated staff, training, financing and technical needs of permit granting authorities. |
|
(8) |
A faster roll-out of renewable energy projects should be supported by integrated multilevel planning and mapping of renewable energy carried out by Member States in structured corrdination with local and regional authorities. Member States should identify the land, surface, sub-surface and sea areas necessary for the installation of plants for the production of energy from renewable sources in order to meet their national contributions towards the revised 2030 renewable energy target set out in Article 3(1) of Directive (EU) 2018/2001. as well as sub-targets set out in Articles 15a, 22a, 23(1), 24(4) and 25(1) of Regulation (EU) 2021/1119 and the climate-neutrality objective set out in Article 2 thereof. Such areas should reflect their estimated trajectories and total planned installed capacity and should be identified by renewable energy technology set in the Member States’ ▌ national energy and climate plans updated pursuant to Article 14 of Regulation (EU) 2018/1999. The identification of the required land surface, sub-surface and sea areas should take into consideration the availability of the renewable energy resources and the potential offered by the different land and sea areas for renewable energy production of the different technologies, the projected energy demand, taking into account energy and system efficiency, overall and in the different regions of the Member State, and the availability of relevant energy network and grid infrastructure, energy storage facilities, including thermal storage , and other flexibility tools bearing in mind the capacity needed to cater for the increasing amount of renewable energy , the potential of involving citizens actively in the energy system, acting as renewables self-consumers individually or through aggregators and energy communities . Moreover, Member States should ensure that the administrative permits to build, repower and operate plants for the production of energy from renewable sources referred to in Article 16(1) and (2) are considered as final decisions on the outcome of the procedure of the competent authority or competent authorities on the determination of land use for the area where those plants will be located. |
|
(9) |
Member States should designate as renewables acceleration areas those areas that are particularly suitable to develop renewable energy projects, differentiating between technologies, and where the deployment of the specific type of renewable energy is not expected to have a significant impact on the environment and food safety with regard to agricultural production . The renewables acceleration areas should be particularly suitable for the installation of plants for the production of energy from renewable sources. However, biomass combustion plants should be excluded from the renewables acceleration areas, except for installations located in an outermost region as referred to in Article 349 TFEU, where due to specific needs, exceptions could be taken into account. In the designation of renewables acceleration areas, Member States should avoid protected areas and consider restoration plans. Renewables acceleration areas should at least be established for wind turbines and solar plants and could be established for biomethane production plants. Member States may designate renewables acceleration areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable acceleration area. |
|
(9a) |
The production of food needs to take priority over production of energy and the production of energy should not lead to reduced food production or reduced crop yields, but the two activities can and must coexist and should exploit synergies. To do so, it is necessary to facilitate the production of renewable energy in its various forms, in locations that are easily accessible to farmers, and in line with the needs of the farm. Member States need to avoid designating productive farmland, agricultural areas producing high-quality agri-food products and products with a special connection to the local landscape and culture as acceleration areas. The exploitation of renewable energy sources, such as biomethane production, should be encouraged in areas that are in close proximity to agriculture sites, namely those that are close to farmland and on-farm sites, and on non-agricultural areas situated on farmland. As a priority, the acceleration areas should be in the proximity of end users or areas with existing infrastructures and on sites where residual streams or agricultural waste can be used for renewable energy production. |
|
(10) |
Directive 2001/42/EC of the European Parliament and of the Council (7) establishes environmental assessments as an important tool for integrating environmental considerations into the preparation and adoption of plans and programmes. In order to designate renewables acceleration areas, Member States should prepare a plan or plans encompassing the identification of areas and the applicable rules and mitigation measures or projects located in each renewables acceleration area. The size of those areas should be commensurate with the objectives for renewable energies and sub-targets set out in Directive (EU) 2018/2001 and in the national energy and climate plans as updated pursuant to Article 14 of Regulation (EU) 2018/1999. Member States may prepare one single plan for all renewables acceleration areas and technologies, or technology-specific plans identifying one or more renewables acceleration areas. Each plan should be subject to an environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC in order to assess the impacts of each renewable technology on the relevant areas designated in such plan. Carrying out an environmental assessment in accordance with Directive 2001/42/EC for this purpose would allow Member States to have a more integrated and efficient approach to planning and to take environmental considerations into account at an early phase of the planning process at a strategic level. This would contribute to ramping up the deployment of different renewable energy sources in a faster and streamlined manner while minimising the negative environmental impacts from these projects. |
|
(11) |
Following the adoption of the plan or plans designating renewables acceleration areas, Member States should monitor the significant environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage ▌ adverse effects, and to be able to undertake appropriate remedial action, in accordance with Directive 2001/42/EC. |
|
(12) |
The provisions 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 (8) (‘the Aarhus Convention’) regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain applicable ▌. |
|
(12a) |
To increase public acceptance of renewable energy projects and empower citizens and local communities to produce and consume their own energy, Member States should take appropriate measures to duly inform citizens on new projects and equally promote and facilitate their participation in those projects, inter alia through renewable energy communities. |
|
(13) |
The designation of renewables acceleration areas should aim to ensure that renewable energy production from these areas, together with existing renewable energy plants, future renewable energy plants outside of such areas and cooperation mechanisms, will be sufficient to achieve Member States’ contribution to the Union renewable energy target set out in Article 3(1) of Directive (EU) 2018/2001. |
|
(14) |
In the designated renewables acceleration areas, renewable energy projects that comply with the rules and measures identified in the plan or plans prepared by Member States, should benefit from a presumption of not having significant effects on the environment. Therefore, there should be an exemption from the need to carry out a specific environmental impact assessment at project level in the sense of Directive 2011/92/EU of the European Parliament and of the Council (9), with the exception of projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests. The obligations under the UNECE Espoo Convention on environmental impact assessment in a transboundary context of 25 February 1991 should remain applicable for Member States where the project is likely to cause a significant transboundary impact in a third country. |
|
(15) |
The designation of renewables acceleration areas should allow renewable energy plants, their grid connection as well as co-located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. In particular, projects located in renewables acceleration areas should benefit from accelerated administrative procedures, including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline, unless the specific project is subject to an environmental impact assessment. These projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. Following the application for projects in a renewables acceleration area, Member States should carry out a fast screening of such applications with the aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that were not identified during the environmental assessment of the plan or plans designating renewables acceleration areas carried out in accordance with Directive 2001/42/EC. All projects located in renewables acceleration areas should be deemed approved at the end of such screening process. Only if Member States have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects, Member States should, after motivating such decision, subject such project to an environmental assessment in accordance with Directive 2011/92/EU and, where relevant, Directive 92/43/EEC (10). Given the need to accelerate the deployment of renewable energy sources, such assessment should be carried out within six months. |
|
(15a) |
Member States have agreed to the development of a coherent European Natura 2000 network by proposing to the Commission adequate sites of Community importance pursuant to Article 4(2) of Directive 92/43/EEC and the Special Areas of Protection designated under Directive 2009/147/EC (11) . Member States should ensure that sites which are on their national list on the basis of the scientific criteria laid down in Directive 2009/147/EC and Directive 92/43/EEC are not designated as renewables acceleration areas, except for artificial and built surfaces located in those sites such as rooftops, parking areas or transport infrastructure. |
|
(16) |
In view of the need to accelerate the deployment of renewable energy sources, the identification of renewables acceleration areas should not prevent the ongoing and future installation of renewable energy projects in all areas available for renewable energy deployment. Such projects should remain subject to the obligation to carry out a dedicated environmental impact assessment in accordance with Directive 2011/92/EU and should be subject to the procedures foreseen for renewable energy projects located outside renewables acceleration areas. To speed up permitting at the scale necessary for the achievement of the renewable energy target set out in Directive (EU) 2018/2001, also the procedures applicable to projects outside of renewables acceleration areas should be simplified and streamlined with the introduction of clear maximum deadlines for all steps of the procedure, including dedicated environmental assessments per project. |
|
(17) |
Multiple use of space for renewable energy production and other land and sea uses (such as food production or nature protection or restoration) alleviates land and sea use constraints. In this context, spatial planning is an essential tool to identify and steer synergies for land and sea use at an early stage. Member States should explore, enable and favour the multiple uses of the areas identified as a result of the spatial planning measures adopted. |
|
(18) |
The construction and operation of renewable energy plants may result in the occasional killing or disturbance of birds and other protected species under Directive 92/43/EEC or Directive 2009/147/EC . However, such killing or disturbance would not be considered deliberate in the sense of these Directives if a project has adopted, during its construction and operation, all necessary mitigation measures to avoid collisions or prevent disturbance, and if it carries out a proper monitoring to assess the effectiveness of such measures and, in the light of the information gathered, takes further measures as required to ensure no significant negative impact on the population of the species concerned. |
|
(19) |
In addition to installing new and innovative renewable energy plants, repowering existing renewable energy plants has a significant potential to contribute to the achievement of the renewable energy targets. Since, usually, the existing renewable energy plants have been installed in sites with significant renewable energy resource potential, repowering can ensure the continued use of these sites while reducing the need to designate new sites for renewable energy projects. Repowering includes further benefits such as the existing grid connection, a likely higher degree of public acceptance and knowledge of environmental impacts. The repowering of renewable energy projects entails changes to or the extension of existing projects to different degrees. The permit-granting process, including environmental assessments and screening, for the repowering of renewable energy projects should be limited to the potential impacts resulting from the change or extension compared to the original project. |
|
(20) |
Directive (EU) 2018/2001 introduces streamlined permit-granting procedures for repowering. In order to respond to the increasing need for the repowering of existing renewable energy plants and to make full use of the advantages it offers, it is appropriate to establish an even shorter procedure for the repowering of renewable energy plants located in renewables acceleration areas, including a shorter screening procedure. For the repowering of existing renewable energy plants located outside renewables acceleration areas, Member States should ensure a simplified and swift permit-granting process which should not exceed one year, while taking into account the ‘do no harm’ principle of the European Green Deal. |
|
(20a) |
In order to promote and accelerate the repowering of existing renewable energy plants, a simplified procedure for grid connections should be immediately established where the repowering results in a limited increase in total capacity compared to the original project. [Am. 20] |
|
(20b) |
When repowering a solar installation, increases in efficiency and capacity can be achieved without increasing the space occupied. The repowered installation thus does not have a different impact on the environment than the original installation provided that the space used is not increased in the process, and the originally required environmental mitigation measures continue to be complied with. [Am. 21] |
|
(21) |
The installation of solar energy equipment, together with related storage, including thermal and power co-located storage, and grid connection, in existing or future structures created for purposes different than solar energy production with the exclusion of artificial water surfaces, such as rooftops, parking areas, roads and railways, do not typically raise concerns related to competing uses of space or environmental impact. These installations therefore may benefit from shorter permit-granting procedures. This Directive therefore introduces an accelerated permit-granting process for the installation of solar energy equipment and related co-located storage and grid connections in existing or future artificial structures created for purposes different from solar energy production. It also introduces a specific derogation for those installations from the need to carry out environmental assessments under Directive 2011/92/EU on the basis that they are not likely to raise concerns related to competing uses of space or environmental impact. Investing in small, decentralised solar energy installations to become renewable self-consumers is one of the most efficient means by which energy consumers can reduce their energy bills and their exposure to price volatility. decentralised installations including for individual or collective joint self-consumers, or in the context of a as local renewable energy communities, also contribute to reducing overall natural gas demand, to increasing resilience of the system and to the achievement of the Union’s renewable energy targets. Installations of 50 kW or less of electric capacity are not likely to have major adverse effects on the environment or the grid and do not raise safety concerns. In addition, small installations of renewable self-consumers do not generally require capacity expansion at the grid connection point. In view of the immediate positive effects of such installations for consumers and the limited environmental impacts that they may give rise to, it is appropriate to further streamline the permit-granting process applicable to them by introducing the concept of administrative positive silence in the relevant permit-granting procedures in order to promote and accelerate the deployment of these installations and to reap their benefits in the short term. [Am. 22] |
|
(21a) |
Heat pumps are a technology to produce renewable heating and cooling from ambient energy, including from wastewater treatment plants, and geothermal energy. They also allow the use of waste heat and cold for heating and cooling. The rapid deployment of heat pumps, which mobilises under used renewable energy sources such as ambient energy, geothermal energy, self and waste heat from industrial and tertiary sectors, including data centres, makes it possible to replace natural gas and other fossil fuel-based boilers with a renewable heating solution, while increasing energy efficiency. This will accelerate a reduction in the use of natural gas for the supply of heating, both in buildings as well as in industry. In order to accelerate the installation and use of heat pumps, it is appropriate to introduce targeted shorter permit-granting procedures for such installations, including a simplified procedure for grid connection of smaller heat pumps unless no such procedure is required by national law. A quicker and easier installation of heat pumps, the increased use of renewables in the heating sector, which accounts for almost half of the Union’s energy consumption contributing to security of supply and helping to tackle a more difficult market situation. [Am. 23] |
|
(22) |
Renewable energy sources are crucial to fight climate change, reduce energy prices, decrease the Union’s dependence on fossil fuels and ensure the Union’s security of supply. For the purposes of the relevant Union environmental legislation, in the necessary case-by-case assessments to ascertain whether a plant for the production of energy from renewable sources, its connection to the grid, the related grid itself or storage assets is of overriding public interest in a particular case, Member States should presume these plants and their related infrastructure as being of overriding public interest and serving public health and safety, except where there is clear evidence that these projects have major adverse effects on the environment which cannot be mitigated or compensated. Considering such plants as being of overriding public interest and serving public health and safety would allow such projects to benefit from a simplified assessment. |
|
(23) |
In order to ensure a smooth and effective implementation of the provisions laid down in this Directive, the Commission supports Member States through the Technical Support Instrument (12) providing tailor-made technical expertise to design and implement reforms, including those increasing the use of energy from renewable sources, fostering better energy system integration, identifying specific areas particularly suitable for the installation of plants for the production of renewable energy, and streamlining the framework for authorisation and permit-granting processes for renewable energy plants. The technical support, for example, involves strengthening of administrative capacity, harmonising the legislative frameworks, and sharing of relevant best practices. |
|
(23a) |
The Commission should also provide for a specific system of exemptions from State aid guidelines to enable Member States to properly calibrate assistance for initiatives and investments in renewables, self-generation, and energy efficiency. |
|
(24) |
The Directive (EU) 2018/2001 should therefore be amended accordingly. |
|
▌ |
|
|
(25a) |
Providing incentives for solar energy through grants and other support schemes should not preclude the sale of such energy onto the grid from private, commercial, and agricultural sources. |
|
(25b) |
The agricultural sector can play a key role in the energy transition of rural areas and within rural communities, especially given the decentralised production. The possibility of producing solar energy as a secondary activity should therefore not be limited to self-consumption, but could be considered in combination, for example, with other types of production. Member States should encourage farmers, through targeted funding mechanisms, to deploy on-farm solar installations, in particular the development of agri-solar projects on new agricultural buildings, and the production of biomethane in order to allow for the wider development of renewable energies while ensuring additional income for farmers. There is high potential of small-scale on-farm energy production installations to increase the on-farm circularity by transforming the waste and residual streams of the farm, such as manure, into heat and electricity, and it is important to promote and encourage farmers to invest in those technologies. Grid reinforcement in rural areas should be strongly encouraged so that farms can actually fulfil their potential contribution to the energy transition through decentralised electricity production. Geographical locations with high levels of irradiance should be prioritised as raw materials for solar panels are a limited resource. Additionally, farmers and their representative organisations should be involved in the designation of acceleration areas. |
|
▌ |
|
|
(30) |
Since the objective of this Directive, namely reducing greenhouse gas emissions, energy dependency and energy prices, cannot be sufficiently achieved by the Member States but can rather, by reasons, of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiary as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
|
(31) |
In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (13), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium (14) (case C-543/17). |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendments to Directive (EU) 2018/2001
Directive (EU) 2018/2001 is amended as follows:
|
(1) |
In Article 2, the following points are inserted :
▌ |
|
(3) |
In Article 15, the following paragraph ▌ is inserted: ‘2a. Member States shall promote the testing of innovative renewable energy technologies, including production, sharing and storage technologies in pilot projects in — a real-world environment, for a limited period of time, in accordance with the applicable EU legislation and accompanied by appropriate safeguards to ensure the secure operation of the energy system and avoid disproportionate impacts on the functioning of the internal market, under the supervision of a competent authority. Without prejudice to Article 17, Member States shall ensure that the procedure for the permitting of such innovative renewable energy technologies is at least as fast as in renewables acceleration areas. ’; |
|
(4) |
The following articles are inserted: ‘Article 15b Integrated multilevel mapping and planning of areas necessary for national contributions towards the 2030 renewable energy target and the climate-neutrality objective
▌ Article 15c Renewables acceleration areas
Article 15d Public Participation 1. Member States shall ensure that the preparation of the plans identifying the land and sea areas necessary for the installation of plants for the production of energy from renewable sources and those designating renewables areas, referred to in Articles 15a, 15b and 15c is open, inclusive, timely and effective and that the public is given early and effective opportunities to participate in their elaboration. 2. Member States shall identify the public affected or likely to be affected by, or having an interest in the plans, including natural or legal persons or their associations, organisations or groups, taking into account the objectives of this Directive and the potential impacts from its implementation on areas covered by other Union instruments. Member States shall ensure that the public referred is informed electronically and by public notices or by other appropriate means.’; [Am. 14] |
|
(6) |
Article 16 is replaced by the following: ‘Article 16 Organisation and main principles of the permit-granting process
|
|
(7) |
The following articles are inserted: ‘Article 16a Permit-granting process in renewables acceleration areas
▌Article 16b Permit-granting process outside renewables acceleration areas
Article 16c Permit-granting process for the installation of solar energy equipment in artificial structures
Article 16d Overriding public interest By … [three months from entry into force], until climate neutrality is achieved, Member States shall ensure that, in the permit-granting process, the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself and storage assets are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in the individual cases for the purposes of Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC. ▌ No later than … [one month after the date of entry into force of this Directive], the Commission shall, in order to reduce legal uncertainty, issue guidance on how to implement this Article in line with existing requirements under Union law and with relevant rulings of the Court of Justice of the European Union. [Am. 17] Article 16e Acceleration of the deployment of heat pumps 1. The permit-granting process for the installation of heat pumps shall not exceed one month. 2. Grid connections to the transmission or distribution grid shall be permitted following notification to the relevant entity for:
3. Decisions resulting from permit-granting processes shall be made publicly available. [Am. 32] Article 16f Member States shall report to the Commission on:
The Commission shall evaluate the information provided by Member States and, if appropriate, propose changes to relevant legislation.’. |
|
▌ |
Article 4
Transposition
|
(1) |
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (10), by [ one month after the entry into force of this Directive] at the latest. [Am. 35] Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, points (1), (2), (3), (4), (6), (8) and (9), and Article 3 by [ six months after the entry into force of this Directive] at the latest. [Am. 36] Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, points (5) and (7), and Article 2 by [ one year after the entry into force of this Directive] at the latest. [Am. 37] They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. |
|
(2) |
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. |
Article 5
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 6
Addressees
This Directive is addressed to the Member States.
Done at ▌,
For the European Parliament
The President
For the Council
The President
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0283/2022).
(*1) Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.
(2) OJ C , , p. .
(3) OJ C , , p. .
(4) Position of the European Parliament of …
(5) Communication from the Commission COM(2019)0640, The European Green Deal.
(6) 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).
(7) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
(8) Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).
(9) 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).
(10) 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).
(11) 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).
(12) Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).
(13) OJ C 369, 17.12.2011, p. 14.
(14) Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17, ECLI: EU: C:2019:573.
(15) Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135).
(16) Council Directive 92/43/EEC of 21 May 1992 on the convervation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(17) 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).