EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

This Delegated Regulation updates the list of selected cross-border projects in the field of renewable energy (renewable energy cross-border projects).

The renewable energy cross-border projects contribute to decarbonisation, to completing the internal energy market and to enhancing the security of supply. They are included in a cooperation agreement or in any other kind of arrangement between two or more Member States or arrangements between one or more Member States and one or more third countries.

Article 25(1)(b) of Regulation (EU) 2021/1153 establishing the Connecting Europe Facility (the CEF Regulation) 1 requires the Commission to adopt a delegated act that establishes and updates a list of selected renewable energy cross-border projects. The list is based on the draft list agreed upon by the group for renewable energy cross-border-projects referred to in Annex, Part IV, point 4(b), of CEF Regulation.

The first list was adopted by Commission Delegated Regulation (EU) 2022/2202 of 29 August 2022 and was amended by Commission Delegated Regulation (EU) 2023/2639 the following year. It needs to be updated in view of the third call for application for renewable energy cross-border projects.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

The Expert Group on the preparation and the drawing-up of the delegated act supplementing the Connection Europe Facility with respect to identification criteria and process for cross-border projects in the field of renewable energy was consulted on this delegated regulation on 18 April 2024. The Expert Group agreed on a draft list of renewable energy cross-border projects, on the basis of the evaluation results by the Commission. The final list of projects, established by this Delegated Regulation, does not differ from the list agreed upon by the Expert Group.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

This Delegated Regulation adds four renewable energy cross-border projects to the list of selected cross-border projects, which comply with the eligibility and selection criteria pursuant to the CEF Regulation, further detailed in Commission Delegated Regulation (EU) 2022/342 of 21 December 2021. 2 The cross-border renewable energy projects in question contribute to the achievement of the objectives set out in Article 7 and Annex, Part IV, point 1, of CEF Regulation.

COMMISSION DELEGATED REGULATION (EU) …/...

of 24.7.2024

amending Commission Delegated Regulation (EU) 2022/2202 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council by establishing a list of selected cross-border projects in the field of renewable energy

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 3 , and in particular Article 25(1)(b) thereof,

Whereas:

(1)Regulation (EU) 2021/1153 established a category of cross-border projects in the field of renewable energy (renewable energy cross-border projects) that contribute to decarbonisation, to completing the internal energy market and to enhancing the security of supply. Those projects are set-up by a cooperation agreement between two or more Member States or between one or more Member States and one or more third countries as set out in Articles 8, 9, 11 and 13 of Directive (EU) 2018/2001 4 .

(2)The selection of those projects is subject to the general criteria and procedures set out in Regulation (EU) 2021/1153 and further detailed in Commission Delegated Regulation (EU) 2022/342 5 .

(3)The renewable energy cross-border projects are selected and included in a dedicated list, adopted by the Commission by means of delegated act. The first list was adopted by Commission Delegated Regulation (EU) 2022/2202 6 . The second list was adopted by Commission Delegated Regulation (EU) 2023/2639 7 . The inclusion of the projects in the list renders them eligible to apply for funding under the Connecting Europe Facility. In addition, the inclusion in the list brings benefits to the projects in terms of higher visibility.

(4)The new renewable energy cross-border projects in the updated list were selected following a call for proposals published on 7 November 2023 and closed on 6 February 2024. The projects that applied were assessed by external experts and by experts from the European Climate, Infrastructure and Environment Executive Agency and the European Commission.

(5)The Commission notified the evaluation results to the Expert Group on the preparation and the drawing-up of the delegated act supplementing the Connection Europe Facility with respect to identification criteria and process for cross-border projects in the field of renewable energy. Following the agreement by the expert group on a draft list of renewable energy cross-border projects, the Commission adopts the final list.

(6)The list of renewable energy cross-border projects contains projects that contribute to the cost-effective exploitation of renewable energy in the electricity sector and is to be implemented through different renewable technologies, including offshore and onshore wind.

(7)The inclusion of projects on the list of renewable energy cross-border projects is without prejudice to their compliance with applicable Union law, including with the outcome of the relevant environmental assessment and permit procedures,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Commission Delegated Regulation (EU) 2022/2202 is replaced by the following:

“The list of cross-border projects in the field of renewable energy selected pursuant to Part IV, point 4(g), of the Annex to Regulation (EU) 2021/1153 shall be as follows:

Project number

Project name

Project developers

Participating countries

2022-05

ELWIND – Estonian Latvian joint hybrid offshore wind project

Ministry of Economic Affairs and Communications of Estonia; The Ministry of Economics of the Republic of Latvia

Estonia and Latvia

2022-07

CICERONE – CEO-allIance Cross-border-European gReen hydrOgen value chaiN

EON.SE; ENEL Green Power Spa; IBERDROLA CLIENTES S.A.U.

Germany, Italy, Spain and the Netherlands

2022-10

UNITED HEAT – Climate-neutral district heating in the European city Goerlitz Zgorzelec

Stadtwerke Görlitz AG; SEC Zgorzelec Sp. z o.o.

Germany and Poland

2023-2

ULP-RES WP – Utilitas Lode-Penuja RES Wind park

Utilitas Wind SIA; Utilitas Wind OÜ

Latvia and Estonia

2023-3

SLOWP – Saare-Liivi Offshore Wind Park

Utilitas Wind OÜ

Luxembourg and Estonia

2023-6

TMNHSA – Turnu Magurele – Nikopol Hydraulic Structures Assembly

Natsionalna Elektricheska Kompania EAD; S.P.E.E.H. HIDROELECTRICA S.A. 

Bulgaria and Romania

2023-7

BEI – Bornholm Energy Island

Ministry of Climate, Energy and Utilities

Denmark and Germany

2023-9

PONTIS – Progressing On reNewable energy Transfer for International Supply in a connected Europe

Iberdrola Clientes SAU; Mitsubishi Corporation

Spain and the Netherlands

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 24.7.2024

   For the Commission

   The President
   Ursula VON DER LEYEN

(1)

   OJ L 249/38, 14.7.2021.

(2)    OJ L 62, 01.03.2022.
(3)    OJ L 249, 14.7.2021, p. 38, ELI: http://data.europa.eu/eli/reg/2021/1153/oj.
(4)    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 ).
(5)    Commission Delegated Regulation (EU) 2022/342 of 21 December 2021 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council with regard to the specific selection criteria and the details of the process for selecting cross-border projects in the field of renewable energy (OJ L 62, 1.3.2022, p. 1, ELI: http://data.europa.eu/eli/reg_del/2022/342/oj).
(6)    Commission Delegated Regulation (EU) 2022/2202 of 29 August 2022 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council by establishing a list of selected cross-border projects in the field of renewable energy (OJ L 293, 14.11.2022, p. 1, ELI: http://data.europa.eu/eli/reg_del/2022/2202/oj).
(7)    Commission Delegated Regulation (EU) 2023/2639 of 19 September 2023 amending Delegated Regulation (EU) 2022/2202 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council by establishing a list of selected cross-border projects in the field of renewable energy (OJ L, 2023/2639, 27.11.2023, p. 1, ELI: http://data.europa.eu/eli/reg_del/2023/2639/oj).