Brussels, 27 January 2023
Interinstitutional files:
2022/0160 (COD)
WK 1190/2023 INIT
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MEETING DOCUMENT
From:
General Secretariat of the Council
To:
Working Party on Energy
Subject:
REPowerEU Directive - 4column document
In view of the Energy Working Party on 2 February, delegations will find in the annex the 4column
document on the REPowerEU Directive.
WK 1190/2023 INIT
LIMITE
EN
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 (Text with EEA
relevance)
2022/0160(COD)
DRAFT [4 C document Repower EU consolidated]
26-01-2023 at 11h23
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Formula
1
2022/0160 (COD)
2022/0160 (COD)
Proposal Title
Proposal for a
Proposal for a
DIRECTIVE OF THE EUROPEAN
DIRECTIVE OF THE EUROPEAN
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
COUNCIL
COUNCIL
amending Directive (EU) 2018/2001
amending Directive (EU) 2018/2001
on the promotion of the use of
on the promotion of the use of
2
energy from renewable sources,
energy from renewable sources,
Directive 2010/31/EU on the energy
Directive 2010/31/EU on the energy
performance of buildings and
performance of buildings and
Directive 2012/27/EU on energy
Directive 2012/27/EU on energy
efficiency
efficiency
(Text with EEA relevance)
(Text with EEA relevance)
Formula
3
THE EUROPEAN PARLIAMENT
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE
AND THE COUNCIL OF 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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 1/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
EUROPEAN UNION,
EUROPEAN UNION,
Citation 1
Having regard to the Treaty on the
Having regard to the Treaty on the
Functioning of the European Union,
Functioning of the European Union,
4
and in particular Articles 192(1) and
and in particular Articles 192(1) and
194(2) thereof,
194(2) thereof,
Citation 2
Having regard to the proposal from
Having regard to the proposal from
5
the European Commission,
the European Commission,
Citation 3
After transmission of the draft
After transmission of the draft
6
legislative act to the national
legislative act to the national
parliaments,
parliaments,
Citation 4
Having regard to the opinion of the
Having regard to the opinion of the
European Economic and Social
European Economic and Social
7
Committee1,
Committee1,
_________
_________
1. OJ C , , p. .
1. OJ C , , p. .
Citation 5
8
Having regard to the opinion of the
Having regard to the opinion of the
Committee of the Regions1,
Committee of the Regions1,
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 2/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
_________
_________
1. OJ C , , p. .
1. OJ C , , p. .
Citation 6
Acting in accordance with the
Acting in accordance with the
9
ordinary legislative procedure,
ordinary legislative procedure,
Formula
10
Whereas:
Whereas:
Recital 1
(1) In the context of the European
(1) In the context of the European
(1) In the context of the European
Green Deal1, Regulation (EU)
Green Deal1, Regulation (EU)
Green Deal1, Regulation (EU)
2021/1119 of the European
2021/1119 of the European
2021/1119 of the European
Parliament and of the Council2
Parliament and of the Council2
Parliament and of the Council2
established the objective of the
established the objective of the
established the objective of the
Union becoming climate neutral in
Union becoming climate neutral in
Union becoming climate neutral in
2050, as well as the target of a 55%
2050
at the latest, as well as the
2050, as well as the target of a 55%
reduction in greenhouse gas
target of
at least a 55% reduction in
reduction in greenhouse gas
emissions by 2030. This requires an
greenhouse gas emissions by 2030.
emissions by 2030. This requires an
11
energy transition and significantly
This requires
ana just energy
energy transition and significantly
higher shares of renewable energy
transition
that leaves no territory or
higher shares of renewable energy
sources in an integrated energy
citizen behind, increased efficiency
sources in an integrated energy
system.
and significantly higher shares of
system.
_________
renewable energy sources in an
_________
1. Communication from the Commission
integrated energy system.
1. Communication from the Commission
COM/2019/640 final, The European Green
_________
COM/2019/640 final, The European Green
Deal.
1. Communication from the Commission
Deal.
2. Regulation (EU) 2021/1119 of the
COM/2019/640 final, The European Green
2. Regulation (EU) 2021/1119 of the
European Parliament and of the Council of
Deal.
European Parliament and of the Council of
30 June 2021 establishing the framework for
2. Regulation (EU) 2021/1119 of the
30 June 2021 establishing the framework for
achieving climate neutrality and amending
European Parliament and of the Council of
achieving climate neutrality and amending
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 3/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Regulations (EC) No 401/2009 and (EU)
30 June 2021 establishing the framework for
Regulations (EC) No 401/2009 and (EU)
2018/1999 (‘European Climate Law’), OJ L
achieving climate neutrality and amending
2018/1999 (‘European Climate Law’), OJ L
243, 9.7.2021, p. 1).
Regulations (EC) No 401/2009 and (EU)
243, 9.7.2021, p. 1).
2018/1999 (‘European Climate Law’), OJ L
243, 9.7.2021, p. 1).
Recital 2
(2) Renewable energy plays a
(2) Renewable energy plays a
(2) Renewable energy plays a
fundamental role in delivering on
fundamental role in delivering on
fundamental role in delivering on
these objectives, given that the
these objectives, given that the
these objectives, given that the
energy sector contributes today over energy sector contributes today over energy sector contributes today over
75% of total greenhouse gas
75% of total greenhouse gas
75% of total greenhouse gas
emissions in the Union. By reducing emissions in the Union. By reducing emissions in the Union. By reducing
those greenhouse gas emissions,
those greenhouse gas emissions,
those greenhouse gas emissions,
12
renewable energy also contributes to renewable energy
can also
renewable energy also contributes to
tackling environmental-related
contributealso contributes to
tackling environmental-related
challenges such as biodiversity loss
tackling environmental-related
challenges such as biodiversity loss
and to reducing pollution in line with challenges such as biodiversity loss
and to reducing pollution in line with
the objectives of the Zero-Pollution
and to reducing
land, water and air
the objectives of the Zero-Pollution
Action Plan.
pollution in line with the objectives
Action Plan.
of the Zero-Pollution Action Plan.
Recital 3
(3) Directive (EU) 2018/2001 of the (3)
Directive (EU) 2018/2001 of the (3) Directive (EU) 2018/2001 of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council1 sets a binding Union target
Council1 sets a binding Union target Council1 sets a binding Union target
to reach a share of at least 32 % of
to reach a share of at least 32 % of
to reach a share of at least 32 % of
energy from renewable sources in
energy from renewable sources in
energy from renewable sources in
13
the Union's gross final consumption
the Union's gross final consumption
the Union's gross final consumption
of energy by 2030. Under the
of energy by 2030. Under the
of energy by 2030. Under the
Climate Target Plan2, the share of
Climate Target Plan2, the share of
Climate Target Plan2, the share of
renewable energy in gross final
renewable energy in gross final
renewable energy in gross final
energy consumption would need to
energy consumption would need to
energy consumption would need to
increase to 40% by 2030 in order to
increase to 40% by 2030 in order to
increase to 40% by 2030 in order to
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 4/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
achieve the Union’s greenhouse gas
achieve the Union’s greenhouse gas
achieve the Union’s greenhouse gas
emissions reduction target3. In this
emissions reduction target3. In this
emissions reduction target3. In this
context, the Commission proposed
context, the Commission proposed in context, the Commission proposed
in July 2021, as part of the package
July 2021, as part of the package
in July 2021, as part of the package
delivering on the European Green
delivering on the European Green
delivering on the European Green
Deal, to double the share of
Deal, to double the share of
Deal, to double the share of
renewable energy in the energy mix
renewable energy in the energy mix
renewable energy in the energy mix
in 2030 compared to 2020, to reach
in 2030 compared to 2020, to reach
in 2030 compared to 2020, to reach
at least 40%. The REPowerEU
at least 40%. The REPowerEU
at least 40%. The REPowerEU
Communication4 outlined a plan to
Communication4 outlined a plan to
Communication4 outlined a plan to
make the EU independent from
make the EU independent from
make the EU independent from
Russian fossil fuels well before the
Russian fossil fuels well before the
Russian fossil fuels well before the
end of this decade. The
end of this decade. The
end of this decade. The
Communication foresees front-
Communication foresees front-
Communication foresees front-
loading of wind and solar energy,
loading of wind and solar energy,
loading of wind and solar energy,
increasing the average deployment
increasing the average deployment
increasing the average deployment
rate as well as additional renewable
rate as well as additional renewable rate as well as additional renewable
energy capacity by 2030 to
energy capacity by 2030 to
energy capacity by 2030 to
accommodate for higher production
accommodate for higher production
accommodate for higher production
of renewable hydrogen. It also
of renewable hydrogen. It also
of renewable hydrogen. It also
invited the co-legislators to consider
invited the co-legislators to consider invited the co-legislators to consider
a higher or earlier target for
a higher or earlier target for
a higher or earlier target for
renewable energy. In this context, it
renewable energy. In this context, it
renewable energy. In this context, it
is appropriate to increase the Union
is appropriate to increase the Union is appropriate to increase the Union
renewable energy target up to 45%
renewable energy target up to 45%
renewable energy target up to 45%
in order to significantly accelerate
in order to significantly accelerate
in order to significantly accelerate
the current pace of deployment of
the current pace of deployment of
the current pace of deployment of
renewable energy, thereby speeding
renewable energy, thereby speeding
renewable energy, thereby speeding
up the phase-out of EU’s
up the phase-out of EU’s
up the phase-out of EU’s
dependence by increasing the
dependence by increasing the
dependence by increasing the
availability of affordable, secure and
availability of affordable, secure and availability of affordable, secure and
sustainable energy in the Union.
sustainable energy in the Union.
sustainable energy in the Union.
_________
_________
_________
1. Directive (EU) 2018/2001 of the European
1.
Directive (EU) 2018/2001 of the European 1. Directive (EU) 2018/2001 of the European
Parliament and of the Council of 11
Parliament and of the Council of 11
Parliament and of the Council of 11
December 2018 on the promotion of the use
December 2018 on the promotion of the use
December 2018 on the promotion of the use
of energy from renewable sources (OJ L 328,
of energy from renewable sources (OJ L 328, of energy from renewable sources (OJ L 328,
21.12.2018, p. 82).
21.12.2018, p. 82).
21.12.2018, p. 82).
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 5/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
2. Communication from the Commission
2.
Communication from the Commission
2. Communication from the Commission
COM(2020) 562 final of 17.9.2020, Stepping
COM(2020) 562 final of 17.9.2020, Stepping
COM(2020) 562 final of 17.9.2020, Stepping
up Europe’s 2030 climate ambition Investing
up Europe’s 2030 climate ambition Investing up Europe’s 2030 climate ambition Investing
in a climate-neutral future for the benefit of
in a climate-neutral future for the benefit of
in a climate-neutral future for the benefit of
our people.
our people.
our people.
3. Point 3 of the Communication from the
3.
Point 3 of the Communication from the
3. Point 3 of the Communication from the
Commission COM(2020) 562
Commission COM(2020) 562
Commission COM(2020) 562
4. REPowerEU: Joint European Action for
4.
REPowerEU: Joint European Action for
4. REPowerEU: Joint European Action for
more affordable, secure and sustainable
more affordable, secure and sustainable
more affordable, secure and sustainable
energy, COM(2022) 108 final (“REPower
energy, COM(2022) 108 final ("REPower
energy, COM(2022) 108 final (“REPower
EU Communication”).
EU Communication").
EU Communication”).
Recital 3a
(3a) 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
13a
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.
Recital 4
14
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 6/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
(4) Lengthy administrative
(4) Lengthy administrative
(4) Lengthy administrative
procedures are one of the key
procedures are one of the key
procedures are one of the key
barriers for investments in
barriers for investments in
barriers for investments in
renewables and their related
renewables and their related
renewables and their related
infrastructure. These barriers include infrastructure. These barriers include infrastructure. These barriers include
the complexity of the applicable
the complexity of the applicable
the complexity of the applicable
rules for site selection and
rules for site selection and
rules for site selection and
administrative authorisations for
administrative authorisations for
administrative authorisations for
projects, the complexity and
projects,
including possible
projects, the complexity and
duration of the assessment of the
restrictions related to the historical
duration of the assessment of the
environmental impacts of the
significance of certain sites, the
environmental impacts of the
projects, grid connection issues,
complexity and duration of the
projects, grid connection issues,
constraints on adapting technology
assessment of the environmental
constraints on adapting technology
specifications during the permit-
impacts of the projects,
gridand
specifications during the permit-
granting procedure, or staffing issues
related energy networks connection
granting procedure, or staffing issues
of the permit-granting authorities or
issues, constraints on adapting
of the permit-granting authorities or
grid operators. In order to accelerate technology specifications during the
grid operators. In order to accelerate
the pace of deployment of renewable permit-granting procedure, or
the pace of deployment of renewable
energy projects it is necessary to
staffing issues of the permit-granting energy projects it is necessary to
adopt rules which would simplify
authorities or grid operators. In order adopt rules which would simplify
and shorten permit-granting
to accelerate the pace of deployment and shorten permit-granting
processes.
of renewable energy projects it is
processes.
necessary to adopt rules which
would simplify and shorten permit-
granting processes
, taking into
account the social acceptance of the
renewable energy deployment .
Recital 5
(5) The Directive (EU) 2018/2001
(5) The Directive (EU) 2018/2001
streamlines the requirements to
streamlines the requirements to
15
simplify the administrative
simplify the administrative
procedures for authorising
procedures for authorising
renewable energy plants by
renewable energy plants by
introducing rules on the organisation
introducing rules on the organisation
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 7/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
and maximum duration of the
and maximum duration of the
administrative part of the permit-
administrative part of the permit-
granting process for renewable
granting process for renewable
energy projects, covering all relevant
energy projects, covering all relevant
permits to build, repower and
permits to build, repower and
operate plants, and for their grid
operate plants, and for their grid
connection.
connection.
Recital 6
(6) A further simplification and
(6) A further simplification and
(6) A further simplification and
shortening of the administrative
shortening of the administrative
shortening of the administrative
permit-granting processes in a
permit-granting processes
for
permit-granting processes in a
coordinated and harmonised manner
renewable energy plants and their
coordinated and harmonised manner
is necessary in order to ensure that
related infrastructure, including
is necessary in order to ensure that
the Union reaches its ambitious
network connections, in a
the Union reaches its ambitious
climate and energy targets for 2030
coordinated and harmonised manner climate and energy targets for 2030
and the objective of climate-
is necessary in order to ensure that
and the objective of climate-
neutrality by 2050, while taking into the Union reaches its ambitious
neutrality by 2050, while taking into
account the “do no harm” principle
climate and energy targets for 2030
account the "do no harm" principle
of the European Green Deal. The
and the objective of climate-
of the European Green Deal
and
introduction of shorter and clear
neutrality by 2050, while taking into
without prejudice to the internal
16
deadlines for decisions to be taken
account the "do no harm" principle
division of competence within
by the authorities competent for
of the European Green Deal. The
Member States. The introduction of
issuing the authorisation for the
introduction of shorter and clear
shorter and clear deadlines for
renewable energy installations on the deadlines for decisions to be taken
decisions to be taken by the
basis of a complete application, will
by the authorities competent for
authorities competent for issuing the
accelerate the deployment of
issuing the authorisation for the
authorisation for the renewable
renewable energy projects. It is
renewable energy installations on the energy installations on the basis of a
appropriate however to make a
basis of a complete application, will
complete application, will accelerate
distinction between projects in areas accelerate the deployment of
the deployment of renewable energy
particularly suitable for the
renewable energy projects. It is
projects.
The time during which
deployment of renewable energy
appropriate however to make a
the plants and their grid
projects, for which deadlines can be
distinction between projects in areas
connection are built should not be
particularly streamlined (renewables particularly suitable for the
counted within these deadlines
go-to areas), and projects located
deployment of renewable energy
except if it is covered by a decision
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 8/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
outside those areas.
projects, for which deadlines can be
period by the competent
particularly streamlined (renewables
authorities. It is appropriate
go-toacceleration areas), and
however to make a distinction
projects located outside those areas.
between projects in areas
particularly suitable for the
deployment of renewable energy
projects, for which deadlines can be
particularly streamlined (renewables
go-to areas), and projects located
outside those areas.
The
particularities of offshore
renewable energy projects should
be taken into account when setting
the deadlines.
Recital 7
(7) Some of the most common
(7) Some of the most common
(7) Some of the most common
issues faced by renewable energy
issues faced by renewable energy
issues faced by renewable energy
project developers relate to
project developers relate to
complex project developers relate to
procedures established at national or
and lengthy administrative,
procedures established at national or
regional level to assess the
permitting and grid connection
regional level to assess the
environmental impact of the
procedures established at national or environmental impact of the
proposed projects. Therefore, it is
regional level
and a lack of
proposed projects. Therefore, it is
appropriate to streamline certain
sufficient staffing and technical
appropriate to streamline certain
environmental-related aspects of the
environmental-related aspects of the
17
expertise in permitting authorities
permit-granting procedures and
to assess the environmental impact
permit-granting procedures and
processes for renewable energy
of the proposed projects. Therefore,
processes for renewable energy
projects.
it is appropriate to streamline certain projects.
5
environmental-related aspects of the
_________
permit-granting procedures and
5.
Delegations are informed that this
processes for renewable energy
recital would is replaced by recital 10a as
projects.
Further, it is also
agreed by
the TTE Council as part of the General
appropriate to ensure that energy
Approach on the Renewable Energy
system operators support an
Directive.
efficient deployment of renewable
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 9/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
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.
Recital 7a
(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-
17a
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
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 10/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
estimated staff, training, financing
and technical needs of permit
granting authorities.
Recital 8
(8) A faster roll-out of renewable
(8) A faster roll-out of renewable
(8)
A faster roll-out of renewable
energy projects could be supported
energy projects
couldshould be
energy projects could be supported
by strategic planning carried out by
supported by
strategicintegrated
by strategic planning
mapping
Member States. Member States
multilevel planning
and mapping of carried out by Member States.
should identify the land and sea
renewable energy carried out by
Member States should identify the
areas necessary for the installation of Member States
in structured
land
, inland water and sea areas
plants for the production of energy
corrdination with local and
necessary for the installation of
from renewable sources in order to
regional authorities. Member States plants for the production of energy
meet their national contributions
should identify the land
, surface,
from renewable sources in order to
towards the revised 2030 renewable
sub-surface and sea areas necessary
meet
at least their national
energy target set out in Article 3(1)
for the installation of plants for the
contributions towards the revised
of Directive (EU) 2018/2001. Such
production of energy from
2030 renewable energy target set out
areas should reflect their estimated
renewable sources in order to meet
in Article 3(1) of Directive (EU)
trajectories and total planned
their national contributions towards
2018/2001
and in support of
18
installed capacity and should be
the revised 2030 renewable energy
reaching the objective of climate
identified by renewable energy
target set out in Article 3(1) of
neutrality by 2050 at the latest, in
technology set in the Member
Directive (EU) 2018/2001.
as well
accordance with the European
States’ updated national energy and
as sub-targets set out in Articles
Climate Law [Regulation (EU)
climate plans pursuant to Article 14
15a, 22a, 23(1), 24(4) and 25(1) of
2021/1119]. Member States should
of Regulation (EU) 2018/1999. The
Regulation (EU) 2021/1119 and the be allowed to use existing spatial
identification of the required land
climate-neutrality objective set out
planning documents for the
and sea areas should take into
in Article 2 thereof. Such areas
purpose of identifying these areas.
consideration the availability of the
should reflect their estimated
Such areas should reflect their
renewable energy resources and the
trajectories and total planned
estimated trajectories and total
potential offered by the different
installed capacity and should be
planned installed capacity and
land and sea areas for renewable
identified by renewable energy
should be identified by renewable
energy production of the different
technology set in the Member
energy technology set in the
technologies, the projected energy
States’
updated national energy and Member States’ updated national
demand overall and in the different
climate plans
updated pursuant to
energy and climate plans pursuant to
regions of the Member State, and the Article 14 of Regulation (EU)
Article 14 of Regulation (EU)
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 11/98
Commission Proposal
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Draft Agreement
availability of relevant grid
2018/1999. The identification of the
2018/1999.
Member States should
infrastructure, storage and other
required land
surface, sub-surface
retain the possibility to grant
flexibility tools bearing in mind the
and sea areas should take into
permits outside such areas.
capacity needed to cater for the
consideration the availability of the
Member States should ensure
increasing amount of renewable
renewable energy resources and the
coordination among all the
energy.
potential offered by the different
relevant national, regional and
land and sea areas for renewable
local authorities and entities in the
energy production of the different
identification of the required land
technologies, the projected energy
and sea areas. The identification of
demand
, taking into account energy the required land and sea areas
and system efficiency, overall and in should
respect the precautionary
the different regions of the Member
principle laid down in Article 191
State, and the availability of relevant
of the TFEU and take into
energy network and grid
consideration
in particular the
infrastructure,
energy storage
availability of the renewable energy
facilities, including thermal
resources and the potential offered
storage, and other flexibility tools
by the different land and sea areas
bearing in mind the capacity needed
for renewable energy production of
to cater for the increasing amount of the different technologies, the
renewable energy
, the potential of
projected energy demand overall and
involving citizens actively in the
in the different regions of the
energy system, acting as renewables Member State, and the availability of
self-consumers individually or
relevant grid infrastructure, storage
through aggregators and energy
and other flexibility tools bearing in
communities. Moreover, Member
mind the capacity needed to cater for
States should ensure that the
the increasing amount of renewable
administrative permits to build,
energy
, as well as environmental
repower and operate plants for the
sensitivity in accordance with
production of energy from
Annex III of Directive 2011/92/EC.
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.
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 12/98
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Recital 9
(9) Member States should designate (9) Member States should designate (9) Member States should designate
, as renewables go-to areas those
as renewables
go-toacceleration
as a sub-set of as renewables go-to
areas that are particularly suitable to areas those areas that are particularly areas those areas
, specific land
develop renewable energy projects,
suitable to develop renewable energy
(including surfaces and
differentiating between technologies, projects, differentiating between
subsurfaces) and sea or inland
and where the deployment of the
technologies, and where the
water areas as renewable go to
specific type of renewable energy
deployment of the specific type of
areas. These areas should be that
sources is not expected to have a
renewable energy
sources is not
are particularly suitable to develop
significant environmental impact. In expected to have a significant
renewable energy projects,
the designation of renewables go-to
environmental impactimpact on the
differentiating between technologies,
areas, Member States should avoid
environment and food safety with
and where the deployment of the
protected areas to the extent possible
regard to agricultural production.
specific type of renewable energy
and consider restoration plans.
The renewables acceleration areas
sources is not expected to have a
Member States may designate
should be particularly suitable for
significant environmental impact.
renewable go-to areas specific for
the installation of plants for the
Member States should designate
one or more types of renewable
19
production of energy from
such renewables go-to areas for at
energy plants and should indicate the
renewable sources. However,
least one technology and should
type or types of renewable energy
biomass combustion plants should
decide the size of such renewables
that are suitable to be produced in
be excluded from the renewables
go-to areas, in view of the
each renewable go-to area.
acceleration areas, except for
specificities and requirements of
installations located in an
the technology or technologies for
outermost region as referred to in
which they set-up renewables go-
Article 349 TFEU, where due to
to areas. In the designation of
specific needs, exceptions could be
renewables go-to areas, Member
taken into account.. In the
States should avoid protected areas
designation of renewables
go-
to the extent possible and consider
toacceleration areas, Member States restoration plans
and appropriate
should avoid protected areas
to the
mitigation measures. Member
extent possible and consider
States may designate renewable go-
restoration plans.
Renewables
to areas specific for one or more
acceleration areas should at least
types of renewable energy plants and
be established for wind turbines
should indicate the type or types of
and solar plants and could be
renewable energy that are suitable to
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 13/98
Commission Proposal
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Council Mandate
Draft Agreement
established for biomethane
be produced in each renewable go-to
production plants. Member States
area.
In view of their
may designate
renewable go-
particularities, it should be
torenewables acceleration areas
possible to exclude biomass
specific for one or more types of
combustion plants and
renewable energy plants and should
hydropower plants may should be
indicate the type or types of
excluded from the designation of
renewable energy that are suitable to
renewables go-to areas. be produced in each renewable
go-
toacceleration area.
Recital 9a
(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
19a
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
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 14/98
Commission Proposal
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Council Mandate
Draft Agreement
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.
Recital 10
(10) Directive 2001/42/EC of the
(10) Directive 2001/42/EC of the
(10) Directive 2001/42/EC of the
European Parliament and of the
European Parliament and of the
European Parliament and of the
Council1 establishes environmental
Council1 establishes environmental
Council1 establishes environmental
assessments as an important tool for
assessments as an important tool for
assessments as an important tool for
integrating environmental
integrating environmental
integrating environmental
considerations into the preparation
considerations into the preparation
considerations into the preparation
and adoption of plans and
and adoption of plans and
and adoption of plans and
programmes. In order to designate
programmes. In order to designate
programmes. In order to designate
renewables go-to areas, Member
renewables
go-toacceleration areas,
renewables go-to areas, Member
States should prepare a plan or plans Member States should prepare a plan States should prepare a plan or plans
20
encompassing the identification of
or plans encompassing the
encompassing the identification of
areas and the applicable rules and
identification of areas and the
areas and the applicable rules and
mitigation measures for projects
applicable rules and mitigation
mitigation measures for projects
located in each go-to area. Member
measures
foror projects located in
located in each go-to area. Member
States may prepare one single plan
each
go-torenewables acceleration
States may prepare one single plan
for all renewable go-to areas and
area.
The size of those areas should for all renewable go-to areas and
technologies, or technology-specific
be commensurate with the
technologies, or technology-specific
plans identifying one or more
objectives for renewable energies
plans identifying one or more
renewable go-to areas. Each plan
and sub-targets set out in Directive
renewable go-to areas. Each plan
should be subject to an
(EU) 2018/2001 and in the national should be subject to an
environmental assessment carried
energy and climate plans as
environmental assessment carried
out in accordance with the
updated pursuant to Article 14 of
out in accordance with 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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 15/98
Commission Proposal
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Draft Agreement
conditions set out in Directive
Regulation (EU) 2018/1999.
conditions set out in Directive
2001/42/EC in order to assess the
Member States may prepare one
2001/42/EC in order to assess the
impacts of each renewable
single plan for all
renewable go-
impacts of each renewable
technology on the relevant areas
torenewables acceleration areas and technology on the relevant areas
designated in such plan. Carrying
technologies, or technology-specific designated in such plan. Carrying
out an environmental assessment in
plans identifying one or more
out an environmental assessment in
accordance with Directive
renewable go-torenewables
accordance with Directive
2001/42/EC for this purpose would
acceleration areas. Each plan should 2001/42/EC for this purpose would
allow Member States to have a more be subject to an environmental
allow Member States to have a more
integrated and efficient approach to
assessment carried out in accordance integrated and efficient approach to
planning and to take environmental
with the conditions set out in
planning and to take environmental
considerations into account at an
Directive 2001/42/EC in order to
considerations into account at an
early phase of the planning process
assess the impacts of each renewable early phase of the planning process
at a strategic level. This would
technology on the relevant areas
at a strategic level. This would
contribute to ramping up the
designated in such plan. Carrying
contribute to ramping up the
deployment of different renewable
out an environmental assessment in
deployment of different renewable
energy sources in a faster and
accordance with Directive
energy sources in a faster and
streamlined manner while
2001/42/EC for this purpose would
streamlined manner while
minimising the negative
allow Member States to have a more minimising the negative
environmental impacts from these
integrated and efficient approach to
environmental impacts from these
projects.
planning and to take environmental
projects.
Such environmental
_________
considerations into account at an
assessment should include
1. Directive 2001/42/EC of the European
early phase of the planning process
transboundary consultations
Parliament and of the Council of 27 June
at a strategic level. This would
between Member States if the plan
2001 on the assessment of the effects of
certain plans and programmes on the
contribute to ramping up the
is likely to have significant effects
environment.
deployment of different renewable
on the environment in another
energy sources in a faster and
Member State.
streamlined manner while
_________
minimising the negative
1. Directive 2001/42/EC of the European
environmental impacts from these
Parliament and of the Council of 27 June
projects.
2001 on the assessment of the effects of
certain plans and programmes on the
_________
environment.
1. 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.
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
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Draft Agreement
Recital 11
(11) Following the adoption of the
(11) Following the adoption of the
(11) Following the adoption of the
plan or plans designating renewables plan or plans designating renewables plan or plans designating renewables
go-to areas, Member States should
go-toacceleration areas, Member
go-to areas, Member States should
monitor the significant
States should monitor the significant monitor the significant
environmental effects of the
environmental effects of the
environmental effects of the
implementation of plans and
implementation of plans and
implementation of plans and
21
programmes in order, inter alia, to
programmes in order, inter alia, to
programmes in order, inter alia, to
identify at an early stage unforeseen
identify at an early stage
unforeseen identify at an early stage unforeseen
adverse effects, and to be able to
adverse effects, and to be able to
adverse effects, and to be able to
undertake appropriate remedial
undertake appropriate remedial
undertake appropriate remedial
action, in accordance with Directive
action, in accordance with Directive
action, in accordance with Directive
2001/42/EC.
2001/42/EC.
2001/42/EC.
Recital 12
(12) The provisions of the United
(12) The provisions of the United
(12) The provisions of the United
Nations Economic Commission for
Nations Economic Commission for
Nations Economic Commission for
Europe (UNECE) Convention on
Europe (UNECE) Convention on
Europe (UNECE) Convention on
Access to Information, Public
Access to Information, Public
Access to Information, Public
Participation in Decision-making
Participation in Decision-making
Participation in Decision-making
and Access to Justice in
and Access to Justice in
and Access to Justice in
Environmental Matters1 (‘the Aarhus Environmental Matters1 (‘the Aarhus Environmental Matters1 (‘the Aarhus
Convention’)¨ regarding access to
Convention’)¨ regarding access to
Convention’)¨ regarding access to
22
information, public participation in
information, public participation in
information, public participation in
decision-making, and access to
decision-making, and access to
decision-making, and access to
justice in environmental matters, in
justice in environmental matters, in
justice in environmental matters, in
particular the provisions relating to
particular the provisions relating to
particular the provisions relating to
public participation and to access to
public participation and to access to
public participation and to access to
justice remain applicable, where
justice remain applicable
, where
justice remain applicable, where
relevant.
relevant. .
relevant.
_________
_________
_________
1. Council Decision 2005/370/EC of 17
1. Council Decision 2005/370/EC of 17
1. Council Decision 2005/370/EC of 17
February 2005 on the conclusion, on behalf
February 2005 on the conclusion, on behalf
February 2005 on the conclusion, on behalf
of the European Community, of the
of the European Community, of the
of the European Community, of the
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Commission Proposal
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Draft Agreement
Convention on access to information, public
Convention on access to information, public
Convention on access to information, public
participation in decision-making and access
participation in decision-making and access
participation in decision-making and access
to justice in environmental matters (OJ L
to justice in environmental matters (OJ L
to justice in environmental matters (OJ L
124, 17.5.2005, p. 1).
124, 17.5.2005, p. 1).
124, 17.5.2005, p. 1).
Recital 12a
(12a) To increase public
acceptance of renewable energy
projects and empower citizens and
local communities to produce and
consume their own energy, Member
22a
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.
Recital 13
(13) The designation of renewables
(13) The designation of renewables
(13) The designation of
designated
go-to areas should aim to ensure that
go-toacceleration areas should aim
renewables go-to areas should aim to
renewable energy production from
to ensure that renewable energy
ensure that renewable energy
these areas, together with existing
production from these areas,
production from these areas,
renewable energy plants, future
together with existing renewable
together with existing renewable
renewable energy plants outside of
energy plants, future renewable
energy plants, future renewable
23
such areas and cooperation
energy plants outside of such areas
energy plants outside of such areas
mechanisms, will be sufficient to
and cooperation mechanisms, will be and cooperation mechanisms,
achieve Member States’ contribution sufficient to achieve Member States’
should aim to ensure that
to the Union renewable energy target contribution to the Union renewable
renewable energy production will
set out in Article 3(1) of Directive
energy target set out in Article 3(1)
be sufficient to achieve Member
(EU) 2018/2001.
of Directive (EU) 2018/2001.
States’ contribution to the Union
renewable energy target set out in
Article 3(1) of Directive (EU)
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2018/2001.
The designated
renewable go-to areas do not need
to be commensurate with the
estimated trajectories and total
planned installed capacity by
renewable energy technology set in
the national energy and climate
plans of Member States.
Recital 14
(14) In the designated renewables
(14) In the designated renewables
(14) In the designated renewables
go-to areas, renewable energy
go-toacceleration areas, renewable
go-to areas, renewable energy
projects that comply with the rules
energy projects that comply with the projects that comply with the rules
and measures identified in the plan
rules and measures identified in the
and measures identified in the plan
or plans prepared by Member States, plan or plans prepared by Member
or plans prepared by Member States,
should benefit from a presumption
States, should benefit from a
should benefit from a presumption
of not having significant effects on
presumption of not having
of not having significant effects on
the environment. Therefore, there
significant effects on the
the environment. Therefore, there
should be an exemption from the
environment. Therefore, there
should be an exemption from the
need to carry out a specific
should be an exemption from the
need to carry out a specific
environmental impact assessment at
need to carry out a specific
environmental impact assessment at
project level in the sense of
environmental impact assessment at
project level in the sense of
24
Directive 2011/92/EU of the
project level in the sense of
Directive 2011/92/EU of the
European Parliament and of the
Directive 2011/92/EU of the
European Parliament and of the
Council1, with the exception of
European Parliament and of the
Council1, with the exception of
projects which are likely to have
Council1, with the exception of
projects
where Member State has
significant effects on the
projects which are likely to have
determined to require an EIA in
environment in another Member
significant effects on the
its national mandatory list of
State or where a Member State likely environment in another Member
projects and of projects which are
to be significantly affected so
State or where a Member State likely likely to have significant effects on
requests. The obligations under the
to be significantly affected so
the environment in another Member
UNECE Espoo Convention on
requests. The obligations under the
State or where a Member State likely
environmental impact assessment in
UNECE Espoo Convention on
to be significantly affected so
a transboundary context of 25
environmental impact assessment in
requests. The obligations under the
February 1991 should remain
a transboundary context of 25
UNECE Espoo Convention on
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Draft Agreement
applicable for Member States where
February 1991 should remain
environmental impact assessment in
the project is likely to cause a
applicable for Member States where
a transboundary context of 25
significant transboundary impact in a the project is likely to cause a
February 1991 should remain
third country.
significant transboundary impact in a applicable for Member States where
_________
third country.
the project is likely to cause a
1. Directive 2011/92/EU of the European
_________
significant transboundary impact in a
parliament and of the Council of 13
1. Directive 2011/92/EU of the European
third country.
December 2011 on the assessment of the
parliament and of the Council of 13
effects of certain public and private projects
_________
December 2011 on the assessment of the
on the environment.
1. Directive 2011/92/EU of the European
effects of certain public and private projects
parliament and of the Council of 13
on the environment.
December 2011 on the assessment of the
effects of certain public and private projects
on the environment.
Recital 15
(15) The designation of renewables
(15) The designation of renewables
(15) The designation of renewables
go-to areas should allow renewable
go-toacceleration areas should allow go-to areas should allow renewable
energy plants, their grid connection
renewable energy plants, their grid
energy plants, their grid connection
as well as co-located energy storage
connection as well as co-located
as well as co-located energy storage
facilities located in these areas to
energy storage facilities located in
facilities located in these areas to
benefit from predictability and
these areas to benefit from
benefit from predictability and
streamlined administrative
predictability and streamlined
streamlined administrative
procedures. In particular, projects
administrative procedures. In
procedures. In particular, projects
located in renewable go-to areas
particular, projects located in
located in renewable go-to areas
should benefit from accelerated
renewable go-torenewables
should benefit from accelerated
25
administrative procedures, including
acceleration areas should benefit
administrative procedures, including
,
a tacit agreement in case of a lack of from accelerated administrative
where deemed appropriate by
response by the competent authority
procedures, including a tacit
Member States, a tacit agreement in
on an administrative step by the
agreement in case of a lack of
case of a lack of response by the
established deadline, unless the
response by the competent authority
competent authority on an
specific project is subject to an
on an administrative step by the
administrative step by the
environmental impact assessment.
established deadline, unless the
established deadline, unless the
These projects should also benefit
specific project is subject to an
specific project is subject to an
from clearly delimited deadlines and environmental impact assessment.
environmental impact assessment
,
legal certainty as regards the
These projects should also benefit
and with the exception of the final
expected outcome of the procedure.
from clearly delimited deadlines and
decision on the outcome of the
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Commission Proposal
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Council Mandate
Draft Agreement
Following the application for
legal certainty as regards the
process. These projects should also
projects in a renewables go-to area,
expected outcome of the procedure.
benefit from clearly delimited
Member States should carry out a
Following the application for
deadlines and legal certainty as
fast screening of such applications
projects in a renewables
go-
regards the expected outcome of the
with the aim to identify if any of
toacceleration area, Member States
procedure. Following the application
such projects is highly likely to give
should carry out a fast screening of
for projects in a renewables go-to
rise to significant unforeseen adverse such applications with the aim to
area, Member States should carry
effects in view of the environmental
identify if any of such projects is
out a fast screening of such
sensitivity of the geographic area
highly likely to give rise to
applications with the aim to identify
where they are located that were not
significant unforeseen adverse
if any of such projects is highly
identified during the environmental
effects in view of the environmental
likely to give rise to significant
assessment of the plan or plans
sensitivity of the geographic area
unforeseen adverse effects in view
designating renewables go-to areas
where they are located that were not
of the environmental sensitivity of
carried out in accordance with
identified during the environmental
the geographic area where they are
Directive 2001/42/EC. All projects
assessment of the plan or plans
located that were not identified
located in renewables go-to areas
designating renewables
go-
during the environmental assessment
should be deemed approved at the
toacceleration areas carried out in
of the plan or plans designating
end of such screening process. Only
accordance with Directive
renewables go-to areas carried out in
if Member States have clear
2001/42/EC. All projects located in
accordance with Directive
evidence to consider that a specific
renewables
go-toacceleration areas
2001/42/EC
and if any of such
project is highly likely to give rise to should be deemed approved at the
projects is subject to
such significant unforeseen adverse
end of such screening process. Only
transboundary assessment
effects, Member States should, after
if Member States have clear
according to Article 7 of the
motivating such decision, subject
evidence to consider that a specific
Directive 2011/92/EU due to its
such project to an environmental
project is highly likely to give rise to
likelihood of significant effects on
assessment in accordance with
such significant unforeseen adverse
the environment in another
Directive 2011/92/EC and, where
effects, Member States should, after
Member State or due to request of
relevant, Directive 92/43/EEC1.
motivating such decision, subject
Member State which is likely to be
Given the need to accelerate the
such project to an environmental
significantly affected. All projects
deployment of renewable energy
assessment in accordance with
located in renewables go-to areas
sources, such assessment should be
Directive 2011/92/EC and, where
should be deemed approved at the
carried out within six months.
relevant, Directive 92/43/EEC1.
end of such screening process. Only
_________
Given the need to accelerate the
if Member States have clear
1. Council Directive 92/43/EEC of 21 May
deployment of renewable energy
evidence to consider that a specific
1992 on the convervation of natural habitats
sources, such assessment should be
project is highly likely to give rise to
and of wild fauna and flora (OJ L 206,
22.7.1992).
carried out within six months.
such significant unforeseen adverse
_________
effects, Member States should, after
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1. Council Directive 92/43/EEC of 21 May
motivating such decision, subject
1992 on the
convervationconservation of
such project to an environmental
natural habitats and of wild fauna and flora
(OJ L 206, 22.7.1992).
assessment in accordance with
Directive 2011/92/EC and, where
relevant, Directive 92/43/EEC1.
Given the need to accelerate the
deployment of renewable energy
sources, such assessment should be
carried out within six months.
_________
1. 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).
Recital 15a
(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
25a
2009/147/EC1. 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,
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Council Mandate
Draft Agreement
parking areas or transport
infrastructure. _________
1.
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).
Recital 15a
(15a) In order to streamline the
process of recognition of
renewables go-to area and avoid a
double environmental assessment
of a single areas, it should be
possible for Member States to
declare areas which have been
already designated as suitable for
an accelerated deployment of
renewable energy technologies
under national legislation as
renewables go-to areas. This
25b
declaration should be subject to
certain environmental conditions,
ensuring a high level of
environmental protection. First,
the areas declared as go-to areas
should be outside protected areas.
Second, the planning documents
should have been subject to a
strategic environmental
assessment to assess the impacts of
the deployment of renewable
technologies in the relevant areas
designated in such plan. Third,
there should be mitigation
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Draft Agreement
measures in place at project level
to address the negative
environmental impacts that may
arise. The possibility for
recognition of renewables go-to
areas in existing planification
should be limited in time, in order
to ensure that it does not
jeopardise the standard process
for designation of go-to areas.
Recital 16
(16) In view of the need to
(16) In view of the need to
(16) In view of the need to
accelerate the deployment of
accelerate the deployment of
accelerate the deployment of
renewable energy sources, the
renewable energy sources, the
renewable energy sources, the
identification of renewables go-to
identification of renewables
go-
identification of renewables go-to
areas should not prevent the ongoing
toacceleration areas should not
areas should not prevent the ongoing
and future installation of renewable
prevent the ongoing and future
and future installation of renewable
energy projects in all areas available installation of renewable energy
energy projects in all areas available
for renewable energy deployment.
projects in all areas available for
for renewable energy deployment.
Such projects should remain subject
renewable energy deployment. Such Such projects should remain subject
to the obligation to carry out a
projects should remain subject to the to the obligation to carry out a
dedicated environmental impact
obligation to carry out a dedicated
dedicated environmental impact
26
assessment in accordance with
environmental impact assessment in
assessment in accordance with
Directive 2001/92/EU and should be accordance with Directive
Directive 2001/92/EU and should be
subject to the procedures foreseen
2001/92/EU and should be subject to subject to the procedures foreseen
for renewable energy projects
the procedures foreseen for
for renewable energy projects
located outside go-to areas. To speed renewable energy projects located
located outside go-to areas. To speed
up permitting at the scale necessary
outside
go-torenewables
up permitting at the scale necessary
for the achievement of the renewable
acceleration areas. To speed up
for the achievement of the renewable
energy target set out in Directive
permitting at the scale necessary for
energy target set out in Directive
(EU) 2018/2001, also the procedures the achievement of the renewable
(EU) 2018/2001, also the procedures
applicable to projects outside of go-
energy target set out in Directive
applicable to projects outside of go-
to areas should be simplified and
(EU) 2018/2001, also the procedures to areas should be simplified and
streamlined with the introduction of
applicable to projects outside of
go-
streamlined with the introduction of
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Draft Agreement
clear maximum deadlines for all
torenewables acceleration areas
clear maximum deadlines for all
steps of the procedure, including
should be simplified and streamlined steps of the procedure, including
dedicated environmental
with the introduction of clear
dedicated environmental
assessments per project.
maximum deadlines for all steps of
assessments per project.
the procedure, including dedicated
environmental assessments per
project.
Recital 17
(17) Multiple use of space for
(17) Multiple use of space for
(17) Multiple use of space for
renewable energy production and
renewable energy production and
renewable energy production and
other land and sea uses (such as food other land and sea uses (such as food other land
, inland water and sea
production or nature protection or
production or nature protection or
uses (such as food production or
restoration) alleviates land and sea
restoration) alleviates land and sea
nature protection or restoration)
use constraints. In this context,
use constraints. In this context,
alleviates land
, inland water and sea
spatial planning is an important tool
spatial planning is an
use constraints. In this context,
27
to identify and steer synergies for
importantessential tool to identify
spatial planning is an important tool
land and sea use at an early stage.
and steer synergies for land and sea
to identify and steer synergies for
Member States should explore,
use at an early stage. Member States land
, inland water and sea use at an
enable and favour the multiple uses
should explore, enable and favour
early stage. Member States should
of the areas identified as a result of
the multiple uses of the areas
explore, enable and favour the
the spatial planning measures
identified as a result of the spatial
multiple uses of the areas identified
adopted.
planning measures adopted.
as a result of the spatial planning
measures adopted.
Recital 18
(18) The construction and operation (18) The construction and operation (18) The construction and operation
of renewable energy plants may
of renewable energy plants may
of renewable energy plants may
result in the occasional killing or
result in the occasional killing or
result in the occasional killing or
28
disturbance of birds and other
disturbance of birds and other
disturbance of birds and other
protected species under Directive
protected species under Directive
protected species under Directive
92/43/EEC or Directive
92/43/EEC or Directive
92/43/EEC or Directive
2009/147/EC1. However, such
2009/147/EC
1. However, such
2009/147/EC1. However, such
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Draft Agreement
killing or disturbance would not be
killing or disturbance would not be
killing or disturbance would not be
considered deliberate in the sense of considered deliberate in the sense of considered deliberate in the sense of
these Directives if a project has
these Directives if a project has
these Directives if a project has
adopted, during its construction and
adopted, during its construction and
adopted, during its construction and
operation, appropriate mitigation
operation,
appropriateall necessary
operation, appropriate mitigation
measures to avoid collisions or
mitigation measures to avoid
measures to avoid collisions or
prevent disturbance, and if it carries
collisions or prevent disturbance,
prevent disturbance, and if it carries
out a proper monitoring to assess the and if it carries out a proper
out a proper monitoring to assess the
effectiveness of such measures and,
monitoring to assess the
effectiveness of such measures and,
in the light of the information
effectiveness of such measures and,
in the light of the information
gathered, takes further measures as
in the light of the information
gathered, takes further measures as
required to ensure no significant
gathered, takes further measures as
required to ensure no significant
negative impact on the population of required to ensure no significant
negative impact on the population of
the species concerned.
negative impact on the population of the species concerned.
_________
the species concerned.
_________
1. Directive 2009/147/EC of the European
_________
1. Directive 2009/147/EC of the European
Parliament and of the Council of 30
1.
Directive 2009/147/EC of the European
Parliament and of the Council of 30
November 2009 on the conservation of wild
Parliament and of the Council of 30
November 2009 on the conservation of wild
birds (OJ L 20, 26.1.2010, p.7).
November 2009 on the conservation of wild
birds (OJ L 20, 26.1.2010, p.7).
birds (OJ L 20, 26.1.2010, p.7).
Recital 19
(19) In addition to installing new
(19) In addition to installing new
(19) In addition to installing new
renewable energy plants, repowering
and innovative renewable energy
renewable energy plants, repowering
existing renewable energy plants has plants, repowering existing
existing renewable energy plants has
a significant potential to contribute
renewable energy plants has a
a significant potential to contribute
to the achievement of the renewable
significant potential to contribute to
to the achievement of the renewable
energy targets. Since, usually, the
the achievement of the renewable
energy targets. Since, usually, the
29
existing renewable energy plants
energy targets. Since, usually, the
existing renewable energy plants
have been installed in sites with
existing renewable energy plants
have been installed in sites with
significant renewable energy
have been installed in sites with
significant renewable energy
resource potential, repowering can
significant renewable energy
resource potential, repowering can
ensure the continued use of these
resource potential, repowering can
ensure the continued use of these
sites while reducing the need to
ensure the continued use of these
sites while reducing the need to
designate new sites for renewable
sites while reducing the need to
designate new sites for renewable
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energy projects. Repowering
designate new sites for renewable
energy projects. Repowering
includes further benefits such as the
energy projects. Repowering
includes further benefits such as the
existing grid connection, a likely
includes further benefits such as the
existing grid connection, a likely
higher degree of public acceptance
existing grid connection, a likely
higher degree of public acceptance
and knowledge of environmental
higher degree of public acceptance
and knowledge of environmental
impacts. The repowering of
and knowledge of environmental
impacts. The repowering of
renewable energy projects entails
impacts. The repowering of
renewable energy projects entails
changes to or the extension of
renewable energy projects entails
changes to or the extension of
existing projects to different degrees. changes to or the extension of
existing projects to different degrees.
The permit-granting process,
existing projects to different degrees. The permit-granting process,
including environmental assessments The permit-granting process,
including environmental assessments
and screening, for the repowering of including environmental assessments and screening, for the repowering of
renewable energy projects should be and screening, for the repowering of renewable energy projects should be
limited to the potential impacts
renewable energy projects should be limited to the potential impacts
resulting from the change or
limited to the potential impacts
resulting from the change or
extension compared to the original
resulting from the change or
extension compared to the original
project.
extension compared to the original
project.
project.
Recital 20
(20) Directive (EU) 2018/2001
(20) Directive (EU) 2018/2001
(20) Directive (EU) 2018/2001
introduces streamlined permit-
introduces streamlined permit-
introduces streamlined permit-
granting procedures for repowering.
granting procedures for repowering.
granting procedures for repowering.
In order to respond to the increasing
In order to respond to the increasing
In order to respond to the increasing
need for the repowering of existing
need for the repowering of existing
need for the repowering of existing
renewable energy plants and to make renewable energy plants and to make renewable energy plants and to make
full use of the advantages it offers, it full use of the advantages it offers, it full use of the advantages it offers, it
30
is appropriate to establish an even
is appropriate to establish an even
is appropriate to establish an even
shorter procedure for the repowering shorter procedure for the repowering shorter procedure for the repowering
of renewable energy plants located
of renewable energy plants located
of renewable energy plants located
in go-to areas, including a shorter
in
go-torenewables acceleration
in go-to areas, including a shorter
screening procedure. For the
areas, including a shorter screening
screening procedure. For the
repowering of existing renewable
procedure. For the repowering of
repowering of existing renewable
energy plants located outside go-to
existing renewable energy plants
energy plants located outside go-to
areas, Member States should ensure
located outside
renewables
areas, Member States should ensure
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Commission Proposal
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a simplified and swift permit-
acceleration go-to areas, Member
a simplified and swift permit-
granting process which should not
States should ensure a simplified and granting process which should not
exceed one year, while taking into
swift permit-granting process which
exceed one year, while taking into
account the “do no harm” principle
should not exceed one year, while
account the “do no harm” principle
of the European Green Deal.
taking into account the "do no harm" of the European Green Deal.
principle of the European Green
Deal.
Recital 20a
(20a) In order to promote and
accelerate the repowering of
existing renewable energy plants, a
simplified procedure for grid
30a
connections should be immediately
established where the repowering
results in a limited increase in total
capacity compared to the original
project.
Recital 20b
(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
30b
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.
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Recital 21
(21) The installation of solar energy (21) The installation of solar energy (21) The installation of solar energy
equipment, together with related co-
equipment, together with related
equipment, together with related co-
located storage and grid connection,
storage, including thermal and
located storage and grid connection,
in existing or future structures
power co-located storage
, and grid
in existing or future structures
created for purposes different than
connection, in existing or future
created for purposes different than
solar energy production with the
structures created for purposes
solar energy production with the
exclusion of artificial water surfaces, different than solar energy
exclusion of artificial water surfaces,
such as rooftops, parking areas,
production with the exclusion of
such as rooftops, parking areas,
roads and railways, do not typically
artificial water surfaces, such as
roads and railways, do not typically
raise concerns related to competing
rooftops, parking areas, roads and
raise concerns related to competing
uses of space or environmental
railways, do not typically raise
uses of space or environmental
impact. These installations therefore concerns related to competing uses
impact. These installations therefore
may benefit from shorter permit-
of space or environmental impact.
may benefit from shorter permit-
granting procedures.
These installations therefore may
granting procedures.
Member
benefit from shorter permit-granting
States may however exclude
procedures.
This Directive therefore
31
certain areas or structures from
introduces an accelerated permit-
these provisions of due to cultural
granting process for the installation or historical heritage protection,
of solar energy equipment and
national defence interests or safety
related co-located storage and grid
reasons.
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
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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
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Draft Agreement
short term.
Recital 21a
(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
31a
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
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Council Mandate
Draft Agreement
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.
Recital 21a
(21a) In order to facilitate the
integration of renewable energy
into the distribution and
transmission grids, the screening
or environmental impact
assessment for grid
reinforcements should be limited
31b
to the potential impacts stemming
from the change to the grid
infrastructure. Operators should
be required to demonstrate on the
basis of objective and verifiable
criteria that the grid
reinforcement is linked to the
integration of renewable energy.
Recital 22
(22) Renewable energy sources are
(22) Renewable energy sources are
crucial to fight climate change,
crucial to fight climate change,
reduce energy prices, decrease the
reduce energy prices, decrease the
32
Union’s dependence on fossil fuels
Union’s dependence on fossil fuels
and ensure the Union’s security of
and ensure the Union’s security of
supply. For the purposes of the
supply. For the purposes of the
relevant Union environmental
relevant Union environmental
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legislation, in the necessary case-by-
legislation, in the necessary case-by-
case assessments to ascertain
case assessments to ascertain
whether a plant for the production of
whether a plant for the production of
energy from renewable sources, its
energy from renewable sources, its
connection to the grid, the related
connection to the grid, the related
grid itself or storage assets is of
grid itself or storage assets is of
overriding public interest in a
overriding public interest in a
particular case, Member States
particular case, Member States
should presume these plants and
should presume these plants and
their related infrastructure as being
their related infrastructure as being
of overriding public interest and
of overriding public interest and
serving public health and safety,
serving public health and safety,
except where there is clear evidence
except where there is clear evidence
that these projects have major
that these projects have major
adverse effects on the environment
adverse effects on the environment
which cannot be mitigated or
which cannot be mitigated or
compensated. Considering such
compensated. Considering such
plants as being of overriding public
plants as being of overriding public
interest and serving public health
interest and serving public health
and safety would allow such projects
and safety would allow such projects
to benefit from a simplified
to benefit from a simplified
assessment.
assessment.
11
_________
11.
Delegations are informed that this
Recital is replaced by Recital 10b as
agreed
by the TTE Council as part of the General
Approach on the Renewable Energy
Directive.
Recital 23
(23) In order to ensure a smooth and
(23) In order to ensure a smooth and
effective implementation of the
effective implementation of the
33
provisions laid down in this
provisions laid down in this
Directive, the Commission supports
Directive, the Commission supports
Member States through the
Member States through the
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Draft Agreement
Technical Support Instrument1
Technical Support Instrument1
providing tailor-made technical
providing tailor-made technical
expertise to design and implement
expertise to design and implement
reforms, including those increasing
reforms, including those increasing
the use of energy from renewable
the use of energy from renewable
sources, fostering better energy
sources, fostering better energy
system integration, identifying
system integration, identifying
specific areas particularly suitable
specific areas particularly suitable
for the installation of plants for the
for the installation of plants for the
production of renewable energy, and
production of renewable energy, and
streamlining the framework for
streamlining the framework for
authorisation and permit-granting
authorisation and permit-granting
processes for renewable energy
processes for renewable energy
plants. The technical support, for
plants. The technical support, for
example, involves strengthening of
example, involves strengthening of
administrative capacity, harmonising
administrative capacity, harmonising
the legislative frameworks, and
the legislative frameworks, and
sharing of relevant best practices.
sharing of relevant best practices
_________
such as enabling and favouring
1. Regulation (EU) 2021/240 of the
multiple uses.
European Parliament and of the Council of
_________
10 February 2021 establishing a Technical
1. Regulation (EU) 2021/240 of the
Support Instrument.
European Parliament and of the Council of
10 February 2021 establishing a Technical
Support Instrument.
Recital 23a
(23a) The Commission should also
provide for a specific system of
exemptions from State aid
33a
guidelines to enable Member States
to properly calibrate assistance for
initiatives and investments in
renewables, self-generation, and
energy efficiency.
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Recital 24
(24) The Directive (EU) 2018/2001
(24) The Directive (EU) 2018/2001
34
should therefore be amended
should therefore be amended
accordingly.
accordingly.
Recital 24a
(24a) Providing incentives for solar
energy through grants and other
support schemes should not
34a
preclude the sale of such energy
onto the grid from private,
commercial, and agricultural
sources.
Recital 24b
(24b) 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
34b
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,
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 35/98
Commission Proposal
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Council Mandate
Draft Agreement
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.
Recital 25
35
(25) There is an urgent need to
(25)
There is an urgent need to
(25) There is an urgent need to
reduce the dependence on fossil
reduce the dependence on fossil
reduce the dependence on fossil
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 36/98
Commission Proposal
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Council Mandate
Draft Agreement
fuels in buildings and to accelerate
fuels in buildings and to accelerate
fuels in buildings and to accelerate
efforts to decarbonise and electrify
efforts to decarbonise and electrify
efforts to decarbonise and electrify
their energy consumption. In order
their energy consumption. In order
their energy consumption. In order
to enable the cost-effective
to enable the cost-effective
to enable the cost-effective
installation of solar technologies at a
installation of solar technologies at
installation of solar technologies at a
later stage, all new buildings should
a later stage, all new buildings
later stage, all new buildings should
be “solar ready”, that is, designed to
should be "solar ready", that is,
be "solar ready", that is, designed to
optimise the solar generation
designed to optimise the solar
optimise the solar generation
potential on the basis of the site’s
generation potential on the basis of
potential on the basis of the site’s
solar irradiance, enabling the fruitful
the site’s solar irradiance, enabling
solar irradiance, enabling the fruitful
installation of solar technologies
the fruitful installation of solar
installation of solar technologies
without costly structural
technologies without costly
without costly structural
interventions. In addition, Member
structural interventions. In addition, interventions. In addition, Member
States should ensure the deployment
Member States should ensure the
States should ensure the deployment
of suitable solar installations on new
deployment of suitable solar
of suitable solar installations on new
buildings, both residential and non-
installations on new buildings, both
buildings, both residential and non-
residential, and on existing non-
residential and non-residential, and
residential, and on existing non-
residential buildings. Large scale
on existing non-residential
residential buildings. Large scale
deployment of solar energy on
buildings. Large scale deployment of deployment of solar energy on
buildings would make a major
solar energy on buildings would
buildings would make a major
contribution to shielding more
make a major contribution to
contribution to shielding more
effectively consumers from
shielding more effectively consumers effectively consumers from
increasing and volatile prices of
from increasing and volatile prices
increasing and volatile prices of
fossil fuels, reduce the exposure of
of fossil fuels, reduce the exposure of fossil fuels, reduce the exposure of
vulnerable citizens to high energy
vulnerable citizens to high energy
vulnerable citizens to high energy
costs and result in wider
costs and result in wider
costs and result in wider
environmental, economic and social
environmental, economic and social
environmental, economic and social
benefits. In order to efficiently
benefits. In order to efficiently
benefits. In order to efficiently
exploit the potential of solar
exploit the potential of solar
exploit the potential of solar
installations on buildings, Member
installations on buildings, Member
installations on buildings, Member
States should define criteria for the
States should define criteria for the
States should define criteria for the
implementation of, and possible
implementation of, and possible
implementation of, and possible
exemptions from, the deployment of
exemptions from, the deployment of
exemptions from, the deployment of
solar installations on buildings in
solar installations on buildings in
solar installations on buildings in
line with the assessed technical and
line with the assessed technical and
line with the assessed technical and
economic potential of the solar
economic potential of the solar
economic potential of the solar
energy installations and the
energy installations and the
energy installations and 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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 37/98
Commission Proposal
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Council Mandate
Draft Agreement
characteristics of the buildings
characteristics of the buildings
characteristics of the buildings
covered by this obligation.
covered by this obligation.
covered by this obligation.
Recital 26
(26) The Directive 2010/31/EU
(26)
The Directive 2010/31/EU
(26) The Directive 2010/31/EU
should therefore be amended
should therefore be amended
should therefore be amended
accordingly.
accordingly.
accordingly.
13
_________
36
13.
Delegations are informed that recitals
25 and 26 are to be discussed in the
context of
the parallel ongoing negotiations related
to the EPBD.
Recital 27
(27) Energy efficiency is a key area
(27)
Energy efficiency is a key area
(27) Energy efficiency is a key area
of action, without which
of action, without which
of action, without which
independence from fossil fuels and
independence from fossil fuels and
independence from fossil fuels and
energy imports from Russia and the
energy imports from Russia and the
energy imports from Russia and the
full decarbonisation of the Union´s
full decarbonisation of the Union's
full decarbonisation of the Union's
economy cannot be achieved. The
economy cannot be achieved. The
economy cannot be achieved. The
need to capture the cost-effective
need to capture the cost-effective
need to capture the cost-effective
energy saving opportunities has led
energy saving opportunities has led
energy saving opportunities has led
to the Union´s current energy
to the Union's current energy
to the Union's current energy
37
efficiency policy. In December
efficiency policy. In December 2018, efficiency policy. In December
2018, a new 2030 Union headline
a new 2030 Union headline energy
2018, a new 2030 Union headline
energy efficiency target of at least
efficiency target of at least 32,5%
energy efficiency target of at least
32,5% (compared to projected
(compared to projected energy use
32,5% (compared to projected
energy use in 2030) was included as
in 2030) was included as part of the
energy use in 2030) was included as
part of the 'Clean Energy for All
'Clean Energy for All Europeans
part of the 'Clean Energy for All
Europeans package’. To increase
package’. To increase independence Europeans package’. To increase
independence and resilience and to
and resilience and to achieve the
independence and resilience and to
achieve the increased climate
increased climate ambition, energy
achieve the increased climate
ambition, energy efficiency
efficiency improvements should be
ambition, energy efficiency
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 38/98
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Council Mandate
Draft Agreement
improvements should be further
further raised to at least 39% for
improvements should be further
raised to at least 39% for final
final energy and 41.5% for primary
raised to at least 39% for final
energy and 41.5% for primary
energy, based on the 2007 Reference energy and 41.5% for primary
energy, based on the 2007 Reference
Scenario projections for 2030.
energy, based on the 2007 Reference
Scenario projections for 2030.
Scenario projections for 2030.
Recital 28
(28) However, the change in the
(28)
However, the change in the
(28) However, the change in the
Eurostat energy balance calculation
Eurostat energy balance calculation Eurostat energy balance calculation
methodology and improvements in
methodology and improvements in
methodology and improvements in
subsequent modelling projections
subsequent modelling projections
subsequent modelling projections
call for a change of the baseline.
call for a change of the baseline.
call for a change of the baseline.
Thus, using the same approach to
Thus, using the same approach to
Thus, using the same approach to
define the target, that is to say
define the target, that is to say
define the target, that is to say
comparing it to the future baseline
comparing it to the future baseline
comparing it to the future baseline
projections, the ambition of the
projections, the ambition of the
projections, the ambition of the
Union’s 2030 energy efficiency
Union’s 2030 energy efficiency
Union’s 2030 energy efficiency
target should be set compared to the
target should be set compared to the target should be set compared to the
38
2020 Reference Scenario projections
2020 Reference Scenario projections 2020 Reference Scenario projections
for 2030 reflecting national
for 2030 reflecting national
for 2030 reflecting national
contributions from the NECPs. With
contributions from the NECPs. With contributions from the NECPs. With
that updated baseline, the Union will
that updated baseline, the Union will that updated baseline, the Union will
need to further increase its energy
need to further increase its energy
need to further increase its energy
efficiency ambition by at least 13%
efficiency ambition by at least 13%
efficiency ambition by at least 13%
in 2030 compared to the level of
in 2030 compared to the level of
in 2030 compared to the level of
efforts under the 2020 Reference
efforts under the 2020 Reference
efforts under the 2020 Reference
Scenario. This new way of
Scenario. This new way of
Scenario. This new way of
expressing the level of ambition for
expressing the level of ambition for
expressing the level of ambition for
the Union’s targets does not affect
the Union’s targets does not affect
the Union’s targets does not affect
the actual level of efforts needed.
the actual level of efforts needed.
the actual level of efforts needed.
Recital 29
39
(29) The Directive 2012/27/EU
(29)
The Directive 2012/27/EU
(29) The Directive 2012/27/EU
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 39/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
should therefore be amended
should therefore be amended
should therefore be amended
accordingly.
accordingly.
accordingly.
14
_________
14.
Delegations are informed that recitals
27 to 29 are to be discussed in the context
of the
parallel ongoing negotiations related to
the EED.
Recital 30
(30) Since the objective of this
(30) Since the objective of this
Directive, namely reducing
Directive, namely reducing
greenhouse gas emissions, energy
greenhouse gas emissions, energy
dependency and energy prices,
dependency and energy prices,
cannot be sufficiently achieved by
cannot be sufficiently achieved by
the Member States but can rather, by
the Member States but can rather, by
reasons, of the scale of the action, be
reasons, of the scale of the action, be
better achieved at Union level, the
better achieved at Union level, the
40
Union may adopt measures, in
Union may adopt measures, in
accordance with the principle of
accordance with the principle of
subsidiary as set out in Article 5 of
subsidiary as set out in Article 5 of
the Treaty on European Union. In
the Treaty on European Union. In
accordance with the principle of
accordance with the principle of
proportionality, as set out in that
proportionality, as set out in that
Article, this Directive does not go
Article, this Directive does not go
beyond what is necessary in order to
beyond what is necessary in order to
achieve that objective.
achieve that objective.
Recital 31
(31) In accordance with the Joint
(31) In accordance with the Joint
Political Declaration of 28
Political Declaration of 28
41
September 2011 of Member States
September 2011 of Member States
and the Commission on explanatory
and the Commission on explanatory
documents1, Member States have
documents1, Member States have
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 40/98
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Council Mandate
Draft Agreement
undertaken to accompany, in
undertaken to accompany, in
justified cases, the notification of
justified cases, the notification of
their transposition measures with
their transposition measures with
one or more documents explaining
one or more documents explaining
the relationship between the
the relationship between the
components of a directive and the
components of a directive and the
corresponding parts of national
corresponding parts of national
transposition instruments. With
transposition instruments. With
regard to this Directive, the
regard to this Directive, the
legislator considers the transmission
legislator considers the transmission
of such documents to be justified, in
of such documents to be justified, in
particular following the judgment of
particular following the judgment of
the European Court of Justice in
the European Court of Justice in
Case Commission vs Belgium2 (case
Case Commission vs Belgium2 (case
C-543/17).
C-543/17).
_________
_________
1. OJ C 369, 17.12.2011, p. 14.
1. OJ C 369, 17.12.2011, p. 14.
2. Judgment of the Court of Justice of 8 July
2. Judgment of the Court of Justice of 8 July
2019, Commission v Belgium, C-543/17,
2019, Commission v Belgium, C-543/17,
ECLI: EU: C:2019:573.
ECLI: EU: C:2019:573.
Formula
HAVE ADOPTED THIS
HAVE ADOPTED THIS
42
DIRECTIVE:
DIRECTIVE:
Article 1
Article 1
Article 1
43
Amendments to Directive (EU)
Amendments to Directive (EU)
2018/2001
2018/2001
Article 1, first paragraph, introductory part
44
Directive (EU) 2018/2001 is
Directive (EU) 2018/2001 is
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 41/98
Commission Proposal
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amended as follows:
amended as follows:
Article 1, first paragraph, point (1), introductory part
(1) In Article 2, the following point
(1) In Article 2, the following
point
(1) In Article 2, the following point
45
is added:
is addedpoints are inserted:
is
points are added:
Article 1, first paragraph, point (1), amending provision, first paragraph
"
(9a)
’ ‘renewables
go-
"
(9a) ’renewables go-to area’ means
toacceleration area’ means a
(9a) ’renewables go-to area’ means
a specific location, whether on land
specific location, whether on land or a specific location
or area, whether
or sea, which has been designated by sea, which has been
on land or sea
or inland waters,
a Member State as particularly
designatedprioritised by a Member
which has been designated by a
suitable for the installation of plants
State as particularly suitable for the
Member State as particularly
46
for the production of energy from
accelerated installation of plants for
suitable for the installation of plants
renewable sources, other than
the production of energy from
for the production of energy from
biomass combustion plants.
renewable sources,
taking into
renewable sources, other than
"
account the assets needed for their
biomass combustion plants.
connection to the grid and related
energy networks; other than
biomass combustion plants.
Article 1, first paragraph, point (1), amending provision, first paragraph a
(9b) ‘solar energy equipment’
means equipment that converts
energy from the sun into thermal or
46a
electrical energy, in particular solar
thermal and solar photovoltaic
equipment;’
"
Article 1, first paragraph, point (1), amending provision, first paragraph a
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 42/98
Commission Proposal
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Council Mandate
Draft Agreement
(9c) ’innovative renewable energy
technology’ means a renewable
energy generation technology that
improves in at least one way
comparable state-of-the-art
46b
renewable energy technologies or
makes exploitable a largely
untapped renewable energy
resource
"
Article 1, first paragraph, point (2), introductory part
(2) in Article 3, paragraph 1 is
(2)
in Article 3, paragraph 1 is
(2) in Article 3, paragraph 1 is
47
replaced by the following:
replaced by the following:
replaced by the following:
Article 1, first paragraph, point (2), amending provision, numbered paragraph (1)
‘
1.
Member States shall collectively
‘
1. Member States shall collectively
ensure that the share of energy from 1. Member States shall collectively
ensure that the share of energy from
renewable sources in the Union’s
ensure that the share of energy from
48
renewable sources in the Union’s
gross final consumption of energy in renewable sources in the Union’s
gross final consumption of energy in
2030 is at least 45%.
gross final consumption of energy in
2030 is at least 45%.
2030 is at least 45%
40%.
’
’
Article 1, first paragraph, point (3), introductory part
(3) In Article 15, the following
(3) In Article 15, the following
(3) In Article 15, the following
49
paragraph 2a is inserted:
paragraph
2a is inserted:
paragraph 2a is inserted:
Article 1, first paragraph, point (3), amending provision, first paragraph
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 43/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
‘
2a. Member States shall promote
‘
2a. Member States shall promote
the testing of
newinnovative
2a. Member States shall promote
the testing of new renewable energy
renewable energy technologies
,
the testing of new
innovative
technologies in pilot projects in a
including production, sharing and
renewable energy technologies in
real-world environment, for a
storage technologies in pilot
pilot projects in a real-world
limited period of time, in accordance projects in
- a real-world
environment, for a limited period of
with the applicable EU legislation
environment, for a limited period of
time, in accordance with the
and accompanied by appropriate
time, in accordance with the
applicable EU legislation and
safeguards to ensure the secure
applicable EU legislation and
accompanied by appropriate
operation of the electricity system
accompanied by appropriate
safeguards to ensure the secure
and avoid disproportionate impacts
safeguards to ensure the secure
operation of the electricity system
50
on the functioning of the internal
operation of the
electricityenergy
and avoid disproportionate impacts
market, under the supervision of a
system and avoid disproportionate
on the functioning of the internal
competent authority.
impacts on the functioning of the
market, under the supervision of a
’ internal market, under the
competent authority.
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.’;
Article 1, first paragraph, point (4), introductory part
(4) The following Article 15b is
(4) The following Article 15b is
51
inserted:
inserted:
Article 1, first paragraph, point (4), amending provision, first paragraph
‘
Article 15b
‘
52
Article 15b
Integrated multilevel mapping
and
Article 15b
Mapping of areas necessary for
planning of areas necessary for
Mapping of areas necessary for
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 44/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
national contributions towards the
national contributions towards the
national contributions towards the
2030 RES target
2030
RESrenewable energy target
2030 RES target
and the climate-neutrality objective
Article 1, first paragraph, point (4), amending provision, numbered paragraph (1)
(1) By [1 year after the entry into
(1) By
... [1 year after the entry into (1) By [1 year
18 months after the
force], Member States shall identify
force], Member States shall
perform entry into force], Member States
the land and sea areas necessary for
an integrated multilevel mapping
shall identify the land and sea
, sea
the installation of plants for the
and planning for the deployment of or inland water areas necessary for
production of energy from
renewable energy resources on
the installation of plants for the
renewable sources that are required
their entire territory in coordination production of energy from
in order to meet their national
with all relevant national, regional
renewable sources that are required
contributions towards the 2030
and local authorities to identify the
in order to meet
at least the share of
renewable energy target in
domestic potential and the available their national contributions towards
accordance with Article 3 of this
land, surface, subsurfaceland and
the 2030 renewable energy target in
Directive. Such areas shall be
sea areas
necessary for the
accordance with Article 3 of this
commensurate with the estimated
installation of plants for their
Directive
which is planned to be
trajectories and total planned
deployment. Member States shall
achieved on their national
installed capacity by renewable
also identify the installed capacity
territory. Member States may
53
energy technology set in national
as well as the land, surface,
build upon their existing spatial
energy and climate plans of Member
subsurface and sea areas needed
planning documents plans for this
States, as updated pursuant to Article for the production of energy from
purpose. Such areas
, including the
14 of Regulation (EU) 2018/1999.
renewable sources
and their related
exisiting plants, together with
infrastructure, such as grid and
cooperation mechanisms, shall be
storage facilities, including thermal commensurate with the estimated
storage, that are required in order to
trajectories and total planned
meet their national contributions
installed capacity by renewable
towards the 2030 renewable energy
energy technology set in national
target in accordance with Article 3
energy and climate plans of Member
of this Directive
as well as the sub-
States, as updated pursuant to Article
targets set out in Articles 15a, 22a,
14 of Regulation (EU) 2018/1999.
23(1), 24(4) and 25(1) of
Member States shall ensure
Regulation (EU) 2021/1119 and to
coordination among all the
achieve climate neutrality by 2050
relevant national, regional and
in accordance with Article2 thereof.
local authorities and entities,
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 45/98
Commission Proposal
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Council Mandate
Draft Agreement
Such areas shall be commensurate
including network operators, in
with the estimated trajectories and
the mapping of the necessary
total planned installed capacity by
areas, where appropriate.
renewable energy technology set in
the national energy and climate
plans
of Member States, as updated
pursuant to Article 14
and Article
15(6) of Regulation (EU) 2018/1999
as well as maritime spatial plans,
including the plans referred to in
Article 8 of Directive 2014/89/EU1.
_________
1.
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).
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2),
introductory part
(2) When identifying the areas
(2) When identifying the areas
(2) When identifying the areas
referred to in paragraph 1, Member
referred to in paragraph 1, Member
referred to in paragraph 1, Member
54
States shall take into account:
States shall take into account:
States shall take into account
in
particular:
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(a)
(a) the availability of the renewable
(a) the availability of the renewable
(a) the availability of the renewable
energy resources and the potential
energy resources and the potential
energy resources and the potential
55
for renewable energy production of
for renewable energy production of
for renewable energy production of
the different technologies in the land the different technologies in the land the different technologies in the land
and sea areas;
and sea areas;
and sea areas;
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(b)
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Commission Proposal
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Council Mandate
Draft Agreement
(b) the projected energy demand;
(b) the projected
national and
(b) the projected energy demand;
regional energy demand
, taking into account the potential flexibility of
56
the active demand response and
expected efficiency gains and
energy system integration;
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(c)
(c) the availability of relevant grid
(c) the availability of relevant
(c) the availability of relevant grid
infrastructure, storage and other
energy networks, grid infrastructure, infrastructure, storage and other
57
flexibility tools or the potential to
storage and other flexibility tools or
flexibility tools or the potential to
create such grid infrastructure and
the potential to create
or upgrade
create
or further upgrade such grid
storage.
such grid infrastructure and storage
.; infrastructure and storage.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(ca)
(ca) the potential of involving
renewable self-consumers and
57a
renewable energy communities as
assessed in accordance with
Articles 21 and 22;
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(cb)
(cb) the results of open, inclusive
and effective public consultations,
the involvement of relevant local
57b
authorities, and all relevant
stakeholders, to ensure that the
public opinion is taken into account
in the identification of the areas
referred to in Articles 15b and 15c;
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(cc)
(cc) renewable energy projects on
expected new artificial structures
57c
such as parking areas, roads,
railways and industrial areas;
Article 1, first paragraph, point (4), amending provision, numbered paragraph (2)(cd)
(cd) the expected industrial
development and employment
57d
associated with renewable projects
in affected local communities.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3)
(3) Member States shall favour
(3) Member States shall favour
(3) Member States shall favour
multiple uses of the areas identified
multiple uses of the areas identified
multiple uses of the areas identified
as a result of the obligation in
as a result of the obligation in
as a result of the obligation in
paragraph 1.
paragraph 1
provided that the
paragraph 1.
58
’
installation of plants for the
production of energy from
renewable source is compatible with
pre-existing uses.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3a)
3a. When identifying the land,
58a
surface, subsurface and sea areas
necessary for the installation of
plants for the production of energy
from renewable sources, Member
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 48/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
States shall deploy a mechanism
supporting the necessary renewable
heating network and power grid
development in order to provide a
fully integrated energy system.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3a)
Member States shall periodically
review and update when necessary
the identification of the areas
referred to in paragraph 1, at least
58b
in the context of the update of the
national energy and climate plans
pursuant to Article 14 of
Regulation (EU) 2018/1999.
’
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3b)
3b. If large-scale biomethane
production plants are nationally
defined as installations to carrying
out operations of recovery of waste
as listed in Annex II, point (11), to
58c
Directive 2008/98/EC, Member
States may include these plants in
renewable energy sources when
designating the renewables
acceleration areas.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3c)
58d
3c. Member States shall
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 49/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
periodically review and update the
areas referred to in paragraph 1 of
this Article, at least in the context of
the update of the national climate
and energy plans pursuant to
Article 14 of Regulation (EU)
2018/1999.
Article 1, first paragraph, point (4), amending provision, numbered paragraph (3d)
3d. Member States shall encourage
and support local and regional
authorities to develop and
implement trajectories or targets for
58e
renewable energy produced by
cities, renewables self-consumers
and renewable energy
communities.;
’
Article 1, first paragraph, point (5), introductory part
(5) The following Article 15c is
(5) The following Article 15c is
59
inserted:
inserted:
Article 1, first paragraph, point (5), amending provision, first paragraph
‘
Article 15c
‘
60
Article 15c
Renewables
go-toacceleration areas Article 15c
Renewables go-to areas
Renewables go-to areas
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph, introductory part
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
(1) By [2 years after the entry into
(1) By
... [2 years after the entry
(1) By [2
30 months years after the
force], Member States shall adopt a
into force], Member States shall
, in
entry into force], Member States
plan or plans designating, within the
coordination with their local and
shall
ensure that the competent
areas referred to in Article 15b(1),
regional authorities, adopt a plan or
authorities adopt a plan or plans
renewables go-to areas for one or
plans designating, within the areas
designating, within
as a sub-set of
more types of renewable energy
referred to in Article 15b(1),
the areas referred to in Article
sources. In that plan or plans,
renewables
go-toacceleration areas
15b(1), renewables go-to areas for
Member States shall:
for one or more types of renewable
one or more types of renewable
energy sources.
The size of those
energy sources
. For that purpose,
61
areas shall be commensurate with
Member States may exclude
the objectives for renewable
biomass combustion and
energies and sub-targets set out in
hydropower plants. Member
this Directive and in the national
States shall decide the size of such
energy and climate plans updated
renewables go-to areas, in view of
pursuant to Article 14 of
the specificities and requirements
Regulation (EU)2018/1999. In
of the technology or technologies
theIn that plan or plans
, designating for which they set-up renewables
the renewables acceleration areas
go-to areas. In that plan or plans,
Member States shall:
Member States shall:
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(a), introductory part
(a) Designate sufficiently
(a) Designate sufficiently
(a) Designate sufficiently
homogeneous land and sea areas
homogeneous land and sea areas
homogeneous land
, inland water
where the deployment of a specific
where the deployment of a specific
and sea areas where the deployment
type or types of renewable energy is
type or types of renewable energy is
of a specific type or types of
not expected to have significant
not expected to have significant
renewable energy is not expected to
62
environmental impacts, in view of
environmental
impactseffects, in
have significant environmental
the particularities of the selected
view of the particularities of the
impacts, in view of the particularities
territory. In doing so, Member States selected territory
. The overall
of the selected territory. In doing so,
shall:
amount of land and sea areas shall
Member States shall:
significantly contribute to the space requirements identified in
accordance with Article 15b(1) of
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
this Directive to reach the 2030
renewable energy target and shall
be included in national energy and
climate plans updated pursuant to
Article 14 of Regulation
(EU)2018/1999. In doing so,
Member States shall:
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(a), first indent
- give priority to artificial and built
- give priority to artificial and built
- give priority to artificial and built
surfaces, such as rooftops, transport
surfaces, such as rooftops
and
surfaces, such as rooftops, transport
infrastructure areasparking areas,
facades of buildings, transport
infrastructure areasparking areas,
waste sites, industrial sites, mines,
infrastructure
areasparkingareas
waste sites, industrial sites, mines,
artificial inland water bodies, lakes
and their direct surroundings,
artificial inland water bodies, lakes
or reservoirs, and, where
parking areas
, on-farm sites, waste
or reservoirs, and, where
appropriate, urban waste water
sites, industrial sites, mines,
appropriate, urban waste water
treatment sites, as well as degraded
artificial inland water bodies, lakes
treatment sites, as well as degraded
63
land not usable for agriculture;
or reservoirs, and, where
land not usable for agriculture;
appropriate,, and, where
appropriate, artificial and built
surfaces, such as urban waste water
treatment sites,
as well asartificial
lakes, inland water bodies or
reservoirs, and degraded land not
usable for agriculture;
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(a), second indent
- exclude Natura 2000 sites and
- exclude Natura 2000 sites and
- exclude Natura 2000 sites and
64
nature parks and reserves, the
nature parks and reserves, the
nature parks and reserves, the
identified bird migratory routes as
identified bird
and marine mammal identified bird
areas designated
well as other areas identified based
migratory routes
, in accordance
under national protection schemes
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 52/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
on sensitivity maps and the tools
with the best available data,
for nature and biodiversity
referred to in the next point, except
ecological corridors, and as well as
conservation, major migratory
for artificial and built surfaces
other areas identified based on
routes as well as other areas
sites
located in those areas such as
sensitivity maps and the tools
identified based on sensitivity maps
rooftops, parking areas or transport
referred to in the next point, except
and the tools referred to in the next
infrastructure.
for artificial and built surfaces
point, except for artificial and built
located in those areas such as
surfaces located in those areas such
rooftops, parking areas or transport
as rooftops, parking areas or
infrastructure
.;
transport infrastructure.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(a), third indent
- use all appropriate tools and
- use all appropriate tools and
- use all appropriate
and
datasets to identify the areas where
datasets
, including, where
proportionate tools and datasets to
the renewable energy plants would
necessary, specific field surveys, to
identify the areas where the
not have a significant environmental identify the areas where the
renewable energy plants would not
impact, including wildlife sensitivity renewable energy plants would not
have a significant environmental
mapping.
have a significant environmental
impact, including wildlife sensitivity
impact, including wildlife sensitivity mapping.
mapping
., while taking into account the data available in the context of
the development of a coherent
65
Natura 2000 network, sufficient
both as regards habitat types and
species under the Council Directive
92/43/EEC1 , as well as birds and
sites under Directive 2009/147/EC
of the European Parliament and of
the Council2; _________
1.
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). 2.
Directive 2009/147/EC of the European
Parliament and of the Council of 30
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 53/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
November 2009 on the conservation of wild
birds (OJ L 20, 26.1.2010, p.7).
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(a), fourth indent
- remove administrative barriers
65a
and allocate sufficient well-trained
staff and administrative resources;
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1), first
subparagraph(b)
(b) Establish appropriate rules for
(b) Establish appropriate rules for
(b) Establish
Adopt appropriate
the designated renewable go-to
the designated
renewable go-
rules
in view of the particularities
areas, including on the mitigation
torenewables acceleration areas,
of the selected territory for the
measures to be adopted for the
including on the mitigation measures designated
identified renewable go-
installation of renewable energy
to be adopted for the installation of
to areas, including on the
effective
plants, co-located energy storage
renewable energy plants, co-located
mitigation measures to be adopted
facilities, as well as assets necessary energy storage facilities, as well as
for the installation of renewable
for their connection to the grid, in
assets necessary for their connection energy plants, co-located energy
order to avoid or, if not possible, to
to the grid, in order to avoid or, if
storage facilities, as well as assets
significantly reduce the negative
not possible, to significantly reduce
necessary for their connection to the
66
environmental impacts that may
the negative environmental impacts
grid, in order to avoid or, if not
arise. Where appropriate, Member
that may arise.
Where appropriate,
possible, to significantly reduce the
States shall ensure that appropriate
Member States shall ensure that
negative environmental
mitigation measures are applied to
appropriate mitigation measures are
impacts
impact on the environment
prevent the situations described in
applied to
prevent the situations
that may arise. Where appropriate,
Articles 6(2) and 12(1) of Directive
describedensure the implementation Member States shall ensure that
92/43/EEC, Article 5 of Directive
of the obligations laid down in
appropriate mitigation measures are
2009/147/EEC and Article 4(1)(a)(i) Articles 6(2) and 12(1) of Directive
applied
in a proportionate and
and (ii) of Directive 2000/60/EC.
92/43/EEC, Article 5 of Directive
timely manner to prevent the
Such rules shall be targeted to the
2009/147/EEC and Article 4(1)(a)(i) situations described in Articles 6(2)
specificities of each identified
of Directive 2000/60/EC and to
and 12(1) of Directive 92/43/EEC,
renewable go-to area, the renewable
avoid deterioration and achieve
Article 5 of Directive 2009/147/EEC
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
energy technology or technologies to
good status or ecological potential
and Article 4(1)(a)(i) and (ii) of
be deployed in each area and the
in accordance with Article 4(1)and
Directive 2000/60/EC. Such rules
identified environmental impacts.
(ii) of Directive 2000/60/EC. Such
shall be targeted to the specificities
Compliance with such rules and the
rules shall be targeted to the
of each identified renewable go-to
implementation of the appropriate
specificities of each identified
area, the renewable energy
mitigation measures by the
renewable go-torenewables
technology or technologies to be
individual projects shall result in the
acceleration area, the renewable
deployed in each area and the
presumption that projects are not in
energy technology or technologies to identified environmental impacts.
breach of those provisions without
be deployed in each area and the
Compliance with such rules and the
prejudice to paragraphs 4 and 5 of
identified environmental impacts.
implementation of the appropriate
Article 16a. Where novel mitigation
Compliance with such rules and the
mitigation measures by the
measures to prevent as much as
implementation of the appropriate
individual projects shall result in the
possible the killing or disturbance of mitigation measures by the
presumption that projects are not in
species protected under Council
individual projects shall result in the breach of those provisions without
Directive 92/43/EEC and Directive
presumption that projects are not in
prejudice to paragraphs 4 and 5 of
2009/147/EEC, or any other
breach of those provisions without
Article 16a. Where Novel mitigation
environmental impact, have not been prejudice to paragraphs 4 and 5 of
measures to prevent as much as
widely tested as regards their
Article 16a. Where novel mitigation
possible the killing or disturbance of
effectiveness, Member States may
measures to prevent as much as
species protected under Council
allow their use for one or several
possible the killing or disturbance of Directive 92/43/EEC and Directive
pilot projects for a limited time
species protected under Council
2009/147/EEC, or
to avoid any
period, provided that the
Directive 92/43/EEC and Directive
other
likely significant
effectiveness of such measures is
2009/147/EEC, or any other
environmental impact, have not
closely monitored and appropriate
environmental impact, have not been been
shall be widely tested
and
steps are taken immediately if they
widely tested as regards their
closely monitored as regards their
do not prove to be effective. .
effectiveness, Member States may
effectiveness,
. Member States may
allow their use for one or several
allow their use for one or several
pilot projects for a limited time
pilot projects for a limited time
period, provided that the
period, provided that the
effectiveness of such measures is
effectiveness of
taking appropriate
closely monitored and appropriate
steps immediately if such measures
,
steps are taken immediately if they
despite their prior testing and
do not prove to be effective.
Already monitoring, is closely monitored
designated areas for the installation and appropriate steps are taken
of wind or solar power plants may
immediately if they do not prove to
be declared by Member States as
be effective. .
renewables acceleration areas by
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
considering that the existing spatial
plans comply with the requirements
of Article 15c.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (1),
second subparagraph
Member States shall explain in the
Member States shall explain in the
Member States shall explain in the
plan the assessment made to identify plan the assessment made to identify plan the assessment made to identify
each designated go-to area on the
each designated
go-torenewables
each designated go-to area on the
67
basis of the criteria set out in point
acceleration area on the basis of the
basis of the criteria set out in point
(a) and to identify appropriate
criteria set out in point (a) and to
(a) and to identify appropriate
mitigation measures.
identify appropriate mitigation
mitigation measures.
measures.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (2)
(2) Before its adoption, the plan or
(2) Before its adoption, the plan or
(2) Before its adoption
or approval,
plans designating renewables go-to
plans designating renewables
go-
the plan or plans designating
areas shall be subject to an
toacceleration areas shall be subject renewables go-to areas shall be
environmental assessment carried
to an environmental assessment
subject to an environmental
out in accordance with the
carried out in accordance with the
assessment carried out in accordance
conditions set out in Directive
conditions set out in Directive
with the conditions set out in
2001/42/EC, and where applicable,
2001/42/EC
, and where applicable,
Directive 2001/42/EC, and where
68
if including artificial and built
if including artificial and built
applicable, if including artificial and
surfaces located in Natura 2000
surfaces located in Natura 2000
built surfaces located in Natura 2000
sites, likely to have significant
sites, and , if likely to have
sites, likely to have significant
impacts in those sites, to the
significant impacts
in thoseon
impacts in those
effect on Natura
appropriate assessment in
Natura 2000 sites, to the appropriate
2000 sites, to the appropriate
accordance to Article 6(3) of
assessment in accordance to Article
assessment in accordance to Article
Directive 92/43/EEC.
6(3) of Directive 92/43/EEC.
6(3) of Directive 92/43/EEC.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (2a)
68a
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
2a. When identifying the sea areas
referred to in Article 15b(1),
designation pursuant to this Article
shall comply with Directive
2014/89/EU with regard to the use
of an ecosystem-based approach to
maritime spatial planning when
designating renewable energy sites.
During the maritime spatial
planning process Member States
shall increase the space designated
for renewable energy production in
line with the climate targets for
2030, 2040 and 2050.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3)
(3) The plan or plans designating
(3) The plan or plans designating
(3) The plan or plans designating
renewables go-to areas shall be
renewables
go-toacceleration areas
renewables go-to areas shall be
made public and shall be reviewed
shall be made public
, and updated
made public and shall be reviewed
periodically, at least in the context of
on an on-going basis to record, in
periodically
as appropriate, in
the update of the national energy and
electronic form, new capacity and
particular, at least in the context of
climate plans pursuant to Article 14
shall be reviewed periodically, at
the update of the national energy and
69
of Regulation (EU) 2018/1999.
least in the context of the
update of
climate plans pursuant to Article 14
’
the national energy and climate
of Regulation (EU) 2018/1999.
plans
updated pursuant to Article 14
of Regulation (EU) 2018/1999
and
ensuring synergies with Directive
2014/89/EU.
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3a)
69a
(4) Within 6 months from the
entry into force of this amending
Directive, Member States may
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
declare as renewables go-to areas
specific areas which have been
already designated as areas
suitable for an accelerated
deployment of one or more
renewable energy technologies,
provided that the following
conditions are met:
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3b)
(a) such areas are outside Natura
2000 sites, areas designated under
69b
national protection schemes for
nature and biodiversity
conservation and identified bird
migratory routes,
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3c)
(b) the plans identifying such
areas have been subject to
strategic environmental
assessment in accordance with the
69c
conditions set out in Directive
2001/42/EC and, where
appropriate, to an assessment in
accordance with Article 6(3) of the
Habitats Directive; and
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3d)
69d
(c) the projects located in those
areas implement appropriate and
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
proportionate rules and measures
to address the negative
environmental impacts that may
arise
Article 1, first paragraph, point (5), amending provision, numbered paragraph (3e)
In the permit granting process,
the competent authorities shall
apply the procedures and
69e
deadlines referred to in Article
16a to individual projects in those
areas.
’
Article 1, first paragraph, point (5a), introductory part
(5a) The following Article 15d is
69f
inserted:
Article 1, first paragraph, point (5a), amending provision, first paragraph
"
69g
Article 15d
Public Participation
Article 1, first paragraph, point (5a), amending provision, numbered paragraph (1)
1. 1. Member States shall
69h
ensure that the preparation of the
plans identifying the land and sea
areas necessary for the installation
of plants for the production of
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 59/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
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.
Article 1, first paragraph, point (5a), amending provision, numbered paragraph (2)
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
69i
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.’;
"
Article 1, first paragraph, point (6), introductory part
(6) Article 16 is replaced by the
(6) Article 16 is replaced by the
70
following:
following:
Article 1, first paragraph, point (6), amending provision, first paragraph
71
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
‘
‘
Article 16
Article 16
Organisation and main principles of
Organisation and main principles of
the permit-granting process
the permit-granting process
Article 1, first paragraph, point (6), amending provision, numbered paragraph (1)
(1) The permit-granting process
(1) The permit-granting process
(1) The permit-granting process
shall cover all relevant
shall cover all relevant
shall cover all relevant
administrative permits to build,
administrative permits to build,
administrative permits to build,
repower and operate plants for the
repower and operate plants for the
repower and operate plants for the
production of energy from
production of energy from
production of energy from
renewable sources, co-located
renewable sources
including hybrid
renewable sources, co-located
energy storage facilities, as well as
power plants that combine different energy storage facilities, as well as
assets necessary for their connection
renewable energy sources, heat
assets necessary for their connection
to the grid, including grid connection
pumps,, co-located energy storage
,
to the grid, including grid connection
permits and environmental
including power and thermal
permits and environmental
assessments where these are
facilities, as well as assets necessary assessments where these are
required. The permit-granting
for their connection to the grid
,
required. The permit-granting
process shall comprise all
including grid connection and to
process shall comprise all
72
procedures from the
integrate renewables into heating
procedures
administrative stages
acknowledgment of the validity of
and cooling networks. It shall also
from the acknowledgment of the
the application in accordance with
include related energy networks
validity
completeness of the
paragraph 2 to the notification of the permits and environmental
application in accordance with
final decision on the outcome of the
assessments where these are
paragraph 2 to the notification of the
procedure by the relevant authority
required. The permit-granting
final decision on the outcome of the
or authorities.
process shall comprise all
procedure by the relevant authority
procedures from the
or authorities.
acknowledgment of the validity of
the application in accordance with
paragraph 2 to the notification of the
final decision on the outcome of the
procedure by the relevant authority
or authorities.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (1a)
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
1a. Member States shall ensure
that the financing of qualified staff,
upskilling, and reskilling of their
competent authorities at national,
regional, and local level is
proportionate with the
implementation of the overall
renewable energy needs identified
under Article 15b of this Directive,
and with the planned installed
renewable energy generation
capacity as foreseen in their
national energy and climate plans,
72a
as updated pursuant to Article 14 of
Regulation (EU) 2018/1999.
Member States shall earmark all
fees linked to the application and
permit-granting processes for the
purpose of further financing
qualified staff and improving the
capacity of the relevant permitting
authority. Member States shall
provide support, including technical
and financial support, to regional
and local authorities in order to
facilitate the permit granting
process.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (2)
(2) No later than fourteen days for
(2) No later than fourteen
working
(2) No later than fourteen
30 days
plants located in go-to areas and one days for plants located in
go-
for plants located in go-to areas and
73
month for plants located outside of
torenewables acceleration areas and one month
45 days for plants located
go-to areas, following the receipt of
one month for plants located outside outside of go-to areas, following the
the application, the competent
of
go-torenewables acceleration
receipt of the application, the
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 62/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
authority shall validate the
areas, following the receipt of the
competent authority shall
application or, if the developer has
application, the competent authority
validate
acknowledge the
not sent all the information required
shall validate the application or, if
completeness of the application or,
to process an application, request the the developer has not sent all the
if the developer has not sent all the
developer to submit a complete
information required to process an
information required to process an
application within fourteen days
application, request the developer to application, request the developer to
from this request. If the developer
submit a complete application within submit a complete application within
does not submit a complete
fourteen
working days from this
fourteen days from this request. If
application within this deadline, the
request. If the developer does not
the developer does not submit a
competent authority may reject the
submit a complete application within complete application within this
application in written form. In the
this deadline, the competent
deadline, the competent authority
event of a rejection, the competent
authority may reject the application
may reject the application in written
authority shall justify its decision.
in written form. In the event of a
form. In the event of a rejection, the
The developer may resubmit a new
rejection, the competent authority
competent authority shall justify its
application at any point in time
shall justify its decision. The
decision. The developer may
following such rejection. The date of developer may resubmit a new
resubmit a new application at any
the acknowledgement of the validity application at any point in time
point in time following such
of the application by the competent
following such rejection. The date of rejection
without undue delay. The
authority shall serve as the start of
the acknowledgement of the validity date of the acknowledgement of the
the permit-granting process.
of the application by the competent
validity
completeness of the
authority shall serve as the start of
application by the competent
the permit-granting process.
authority shall serve as the start of
the permit-granting process.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (3)
(3) Member States shall set up or
(3) Member States shall set up or
(3) Member States shall set up or
designate one or more contact
designate one or more contact points
designate one or more contact
points. Those contact points shall,
and provide information in
points. Those contact points shall,
upon request by the applicant, guide
accordance with Article 18(6).
upon request by the applicant, guide
74
through and facilitate the entire
Those contact points shall, upon
through and facilitate the entire
administrative permit application
request by the applicant, guide
administrative permit application
and granting process. The applicant
through and facilitate the entire
and granting process. The applicant
shall not be required to contact more administrative permit application
shall not be required to contact more
than one contact point for the entire
and granting process. The applicant
than one contact point for the entire
process. The contact point shall
shall not be required to contact more process. The contact point shall
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 63/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
guide the applicant through the
than one contact point for the entire
guide the applicant through the
administrative permit application
process. The contact point shall
administrative permit application
process, including the environmental guide the applicant through the
process, including the environmental
related steps, in a transparent manner administrative permit application
related steps, in a transparent manner
up to the delivery of one or several
process, including the environmental up to the delivery of one or several
decisions by the responsible
related steps, in a transparent manner decisions by the responsible
authorities at the end of the process,
up to the delivery of one or several
authorities at the end of the process,
provide the applicant with all
decisions by the responsible
provide the applicant with all
necessary information and involve,
authorities at the end of the process,
necessary information and involve,
where appropriate, other
provide the applicant with all
where appropriate, other
administrative authorities. The
necessary information and involve,
administrative authorities. The
contact point shall ensure fulfilment
where appropriate, other
contact point shall ensure fulfilment
of the deadlines for the permit-
administrative authorities. The
of the deadlines for the permit-
granting procedures set out in this
contact point shall ensure fulfilment
granting procedures set out in this
Directive. Applicants shall be
of the deadlines for the permit-
Directive. Applicants shall be
allowed to submit relevant
granting procedures set out in this
allowed to submit relevant
documents in digital form. By [2
Directive. Applicants shall be
documents in digital form. By [2
years from entry into force] Member allowed to submit relevant
years from entry into force] Member
States shall ensure that all
documents in digital form. By [2
States shall ensure that all
procedures are carried out in
years from entry into force] Member procedures are carried out in
electronic format.
States shall ensure that all
electronic format.
procedures are carried out in
electronic format
: Member States
shall make information about the
permit-granting process available to
the public.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (4)
(4) The contact point shall make
(4) The contact point shall make
(4) The contact point shall make
available a manual of procedures for available a manual of procedures for available a manual of procedures for
developers of renewable energy
developers of renewable energy
developers of renewable energy
75
production plants and shall provide
production plants and shall provide
production plants and shall provide
that information also online,
that information also online,
that information also online,
addressing distinctly also small-scale addressing distinctly also small-scale addressing distinctly also small-scale
projects and renewables self-
projects and renewables self-
projects
, renewable energy
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 64/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
consumers projects. The online
consumers
, renewable energy
communities, collective and
information shall indicate the contact
communities, collective and
individual and renewables self-
point relevant to the applicant's
individual projects
provide them
consumers projects. The online
application. If a Member State has
with assistance and guide them
information shall indicate the contact
more than one contact point, the
through the administrative process
point relevant to the applicant's
online information shall indicate the
of receiving support under the
application. If a Member State has
contact point relevant to the
renewables support schemes. The
more than one contact point, the
applicant's application.
online information shall indicate the
online information shall indicate the
contact point relevant to the
contact point relevant to the
applicant's application. If a Member
applicant's application.
State has more than one contact
point, the online information shall
indicate the contact point relevant to
the applicant's application.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (5)
(5) Member States shall ensure that
(5) Member States shall ensure
, in
applicants have easy access to
the context of the existing national
simple procedures for the settlement
rules, where applicable, that
of disputes concerning the permit-
applicants
and general public have
granting process and the issuance of
easy access to simple procedures for
permits to build and operate
the settlement of disputes concerning
76
renewable energy plants, including,
the permit-granting process and the
where applicable, alternative dispute
issuance of permits to build and
resolution mechanisms.
operate renewable energy plants,
including, where applicable,
alternative dispute resolution
mechanisms.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (6)
(6) The deadlines laid down in
(6) The deadlines laid down in
77
Articles 16a, 16b and 16c shall apply
Articles 16a, 16b and 16c shall apply
without prejudice to judicial appeals,
without prejudice to judicial appeals,
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 65/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
remedies and other proceedings
remedies and other proceedings
before a court or tribunal, and to
before a court or tribunal, and to
alternative dispute resolution
alternative dispute resolution
mechanisms, including complaints
mechanisms, including complaints
procedures, non-judicial appeals and
procedures, non-judicial appeals and
remedies, and may be extended for
remedies, and may be extended for
the duration of such procedures.
the duration of such procedures.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7)
(7) Member States shall ensure that
(7) Member States shall ensure that
(7) Member States shall ensure that
administrative and judicial appeals
administrative and judicial appeals
administrative and judicial appeals
in the context of a project for the
in the context of a project for the
in the context of a project for the
development of renewable energy
development of renewable energy
development of renewable energy
production plant or its related grid
production plant or its related grid
production plant or its related grid
connection, including those related
connection
and those assets
connection, including those related
to environmental aspects shall be
necessary for the development of
to environmental aspects shall be
subject to the most expeditious
the energy infrastructure networks
subject to the most expeditious
administrative and judicial
required to integrate renewable
administrative and judicial
procedure that is available at the
sources into the system as described procedure that is available at the
relevant national, regional and local
inparagraph 1, including those
relevant national, regional and local
78
level.
related to environmental aspects
level.
’ shall be subject to the most
expeditious administrative and
judicial procedure
that is available
at the relevant national, regional and
local level.
The permit- granting process
referred to in paragraph 1 shall
extend, where necessary, to all
relevant administrative permits
when industrial plants switch to the
use of renewable energy.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7a)
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 66/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
7a. The Commission shall develop
reporting procedures for Member
States to assess their permitting
practices, the average duration of
the permitting procedure and the
human and financial resources
dedicated to ensuring compliance
with the permitting requirements set
out in this Article and in Articles
78a
16a and 16b.
The Commission’s
assessment shall be made public.
The Commission may propose
corrective measures to support
Member States in their
implementation of the permitting
procedure by assisting them in
reforming and streamlining their
permitting procedures.
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7a)
7a. Except when it coincides with
other administrative stages of the
78b
permit-granting process, the
duration of the permit-granting
process shall not include:
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7b)
7b. The provisions of paragraph 1
78c
of this Article and Articles 16a and
16b shall also apply to the parallel
permit-granting process for
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 67/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
network system developers
regarding related energy assets
necessary for the integration of the
renewable energy plant in the
system as well as assets necessary
for their connection to the grid
which are not integrated in the
permit-granting process under
paragraph 1 for the specific
renewable energy plant.’;
’
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7b)
(a) the time during which the
plants, their grid connections and,
with a view of ensuring grid
78d
stability, grid reliability and grid
safety, the related necessary grid
infrastructure are being built or
repowered,
Article 1, first paragraph, point (6), amending provision, numbered paragraph (7c)
(b) the time for the administrative
stages necessary for significant
upgrades of the grid required to
78e
ensuring grid stability, grid
reliability and grid safety.
’
Article 1, first paragraph, point (7), introductory part
79
(7) The following Article 16a is
(7) The following Article 16a is
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 68/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
inserted:
inserted:
Article 1, first paragraph, point (7), amending provision, first paragraph
"
Article 16a
"
Article 16a
Permit-granting process in
Article 16a
80
Permit-granting process in
renewables
go-toacceleration areas
Permit-granting process in
renewables go-to areas
renewables go-to areas
Article 1, first paragraph, point (7), amending provision, numbered paragraph (1)
(1) Member States shall ensure that
(1) Member States shall ensure that
(1) Member States shall ensure that
the permit-granting process referred
the permit-granting process referred
the permit-granting process referred
to in Article 16(1) shall not exceed
to in Article 16(1) shall not exceed
to in Article 16(1) shall not exceed
one year for projects in renewables
one yearnine months for projects in
one year for projects in renewables
go-to areas. Where duly justified on
renewables
go-toacceleration areas
,
go-to areas
and shall not exceed
the ground of extraordinary
including their related energy
two years for offshore renewable
circumstances, that one-year period
network elements and grid
projects. Where duly justified on the
may be extended by up to three
connection. Where duly justified on ground of extraordinary
81
months. In such a case, Member
the ground of extraordinary
circumstances, that one-year period
States shall clearly inform the
circumstances, that
one-yearnine-
may be extended by up to three
six
developer about the extraordinary
month period may be extended by
months. In such a case, Member
circumstances that justified the
up to three months. In such a case,
States shall clearly inform the
extension.
Member States shall clearly inform
developer about the extraordinary
the developer about the
circumstances that justified the
extraordinary circumstances that
extension.
justified the extension.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (2)
(2) The permit-granting process for
(2) The permit-granting process for
(2) The permit-granting process for
82
the repowering of plants and for new the repowering of plants
including
the repowering of plants and for new
installations with an electrical
those increasing the capacity and
installations with an electrical
capacity of less than 150 kW, co-
the need for related energy network capacity of less than 150 kW, co-
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 69/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
located energy storage facilities as
developments without increasing
located energy storage facilities as
well as their grid connection, located
the occupied area and for new
well as their grid connection, located
in renewables go-to areas shall not
installations with an electrical
in renewables go-to areas shall not
exceed six months. Where duly
capacity of less than 150 kW,
co-
exceed six months
and shall not
justified on the ground of
located energy storage
including
exceed 1 year for offshore wind
extraordinary circumstances, such as
power and thermal facilities as well
energy projects. Where duly
on grounds of overriding safety
as their grid connection, located in
justified on the ground of
reasons where the repowering
renewables
go-toacceleration areas
extraordinary circumstances, such as
project impacts substantially on the
shall not exceed six months. Where
on grounds of overriding safety
grid or the original capacity, size or
duly justified on the ground of
reasons where the repowering
performance of the installation, that
extraordinary circumstances, such as project impacts substantially on the
one year period may be extended by
on grounds of overriding safety
grid or the original capacity, size or
up to three months. Member States
reasons where the repowering
performance of the installation, that
shall clearly inform the project
project impacts substantially on the
one year
six months period may be
developer about the extraordinary
grid or the original capacity, size or
extended by up to three months.
circumstances that justify the
performance of the installation, that
Member States shall clearly inform
extension.
one yearsix months period may be
the project developer about the
extended by up to three months.
extraordinary circumstances that
Member States shall clearly inform
justify the extension.
the project developer about the
extraordinary circumstances that
justify the extension.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3), first
subparagraph -a
(2a) Where the repowering does
not result in an increase in the
capacity of the renewable energy
power plant beyond 15 %, and
82a
without prejudice to the need to
assess any potential environmental
impacts pursuant to the paragraph
2b, grid connections to the
transmission or distribution grid
shall be permitted within one month
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 70/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
following application to the relevant
entity unless there are justified
safety concerns or there is technical
incompatibility of the system
components.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3), first
subparagraph -b
(2b) Where the repowering of solar
installations does not entail the use
of additional space and complies
with the applicable environmental
mitigation measures established for
the original installation, the project
82b
shall be exempted from the
requirement, if applicable, to be
subject to a determination whether
the project requires an
environmental impact assessment
pursuant to Article 4 of Directive
2011/92/EU.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3), first
subparagraph -c
(2c) Where the repowering of a
renewable energy power plant or of
a related grid infrastructure which
is necessary to integrate renewables
82c
into the electricity system, to a
determination whether the project
requires an environmental impact
assessment procedure or an
environmental impact assessment
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 71/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
pursuant to Article 4 of Directive
2011/92/EU, such prior
determination and/or
environmental assessment shall be
limited to the potential impacts
stemming from the change or
extension compared to the original
project.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3), first
subparagraph -d
(2d) Decisions resulting from the
82d
above permit-granting processes
shall be made publicly available.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3), first
subparagraph
(3) Without prejudice to paragraphs (3) Without prejudice to paragraphs (3) Without prejudice to paragraphs
4 and 5, by derogation from Article
4 and 5
of this Article, by derogation 4 and 5, by derogation from Article
4(2) of Directive 2011/92/EU, and
from Article 4(2) of Directive
4(2) of Directive 2011/92/EU, and
Annex II, points 3(a), (b), (d), (h),
2011/92/EU,
Annex I, point 6(b)
Annex II, points 3(a), (b), (d), (h),
(i), and 6(c) alone or in conjunction
thereto as far as this concerns the
(i), and 6(c) alone or in conjunction
with point 13(a) to that Directive as
production of renewable hydrogen
with point 13(a) to that Directive as
far as this concerns renewable
and and Annex II, points 3(a), (b),
far as this concerns renewable
83
energy projects, new applications for (d), (h), (i), and 6(c)
thereto, alone
energy projects, new applications for
renewable energy plants, except for
or in conjunction with point 13(a)
renewable energy plants, except for
biomass combustion plants,
toof that Directive as far as this
biomass combustion plants,
including the repowering of plants,
concerns renewable energy projects, including the repowering of plants,
in already designated renewables go- new applications for renewable
in already designated renewables go-
to areas for the respective
energy plants,
including generation
to areas for the respective
technology, co-located storage
plants that combine different
technology, co-located storage
facilities as well as their connection
renewable energies, except for
facilities as well as their connection
to the grid, shall be exempted from
biomass combustion plants,
to the grid, shall be exempted from
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Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
the requirement to carry out a
including the repowering of plants,
the requirement to carry out a
dedicated environmental impact
in already designated renewables
go- dedicated environmental impact
assessment under Article 2(1) of
to acceleration areas for the
assessment under Article 2(1) of
Directive 2011/92/EU, provided that respective technology, co-located
Directive 2011/92/EU, provided that
these projects comply with the rules
storage facilities as well as their
these projects comply with the rules
and measures set out in accordance
connection to the grid,
the related
and measures set out in accordance
with Article 15c(1), point (b). The
energy network, the related
with Article 15c(1), point (b). The
exemption from the application of
transmission and distribution
exemption from the application of
Directive 2011/92/EU above shall
network, and the related assets
Directive 2011/92/EU above shall
not apply to projects which are likely
necessary for the development of
not apply to projects which are likely
to have significant effects on the
the electricity networks required to
to have significant effects on the
environment in another Member
integrate renewable energy sources environment in another Member
State or where a Member State likely
into the system shall be exempted
State or where a Member State likely
to be significantly affected so
from the requirement to carry out a
to be significantly affected so
requests, as provided for in Article 7 dedicated environmental impact
requests, as provided for in Article 7
of the said Directive.
assessment under Article 2(1) of
of the said Directive.
Directive 2011/92/EU, provided that
these projects comply with the rules
and measures set out in accordance
with Article 15c(1), point (b)
of this
Directive. The exemption from the
application of Directive 2011/92/EU
above shall not apply to 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, as
provided for in Article 7 of the said
Directive.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (3),
second subparagraph
84
By derogation from Article 6(3) of
By derogation from Article 6(3) of
By derogation from Article 6(3) of
Directive 92/43/EEC, the plants
Directive 92/43/EEC, the plants
Directive 92/43/EEC, the plants
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 73/98
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EP Mandate
Council Mandate
Draft Agreement
referred to in the first subparagraph,
referred to in the first subparagraph,
referred to in the first subparagraph,
shall not be subject to an assessment shall not be subject to an assessment shall not be subject to an assessment
of their implications for Natura 2000 of their implications for Natura 2000 of their implications for Natura 2000
sites.
sites
, provided that those renewable sites
provided that these projects
energy projects comply with the
comply with the rules and
rules and measures established in
measures set out in accordance
accordance with Article15c(1),
with Article 15c(1), point (b).
point (b) of this Directive and if the absence of significant effects of the
plants was proved on the basis of
the appropriate assessment of the
plans designating renewable
acceleration areas carried out in
accordance with Article 15(c)(2) of
this Directive.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (4), first
subparagraph
(4) The competent authorities of
(4) The competent authorities of
(4) The competent authorities of
Member States shall carry out a
Member States shall carry out a
Member States shall carry out a
screening of the applications referred screening of the applications referred screening of the applications referred
to in paragraph 3. Such screening
to in paragraph 3. Such screening
to in paragraph 3. Such screening
shall aim to identify if any of such
shall aim to identify if any of such
shall aim to identify if any of such
projects is highly likely to give rise
projects is highly likely to give rise
projects is highly likely to give rise
to significant unforeseen adverse
to significant
unforeseen adverse
to significant unforeseen adverse
effects in view of the environmental
effects in view of the environmental
effects in view of the environmental
85
sensitivity of the geographical areas
sensitivity of the geographical areas
sensitivity of the geographical areas
where they are located, that were not where they are located, that were not where they are located, that were not
identified during the environmental
identified during the environmental
identified during the environmental
assessment of the plan or plans
assessment of the plan or plans
assessment of the plan or plans
designating renewables go-to areas
designating renewables
go-
designating renewables go-to areas
carried out in accordance with
toacceleration areas carried out in
carried out in accordance with
Directive 2001/42/EC and, if
accordance with Directive
Directive 2001/42/EC and, if
relevant, with Directive 92/43/EEC.
2001/42/EC and, if relevant, with
relevant, with Directive 92/43/EEC.
The screening carried out for the
Directive 92/43/EEC. The screening
Such screening shall also aim to
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 74/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
repowering of projects shall be
carried out for the repowering of
identify if any of such projects is
limited to the potential impacts
projects shall be limited to the
subject to transboundary
stemming from the change or
potential impacts stemming from the
assessment according to Article 7
extension compared to the original
change or extension compared to the
of the Directive 2011/92/EU due to
project.
original project.
its likelihood of significant effects
on the environment in another
Member State or due to request of
Member State which is likely to be
significantly affected. The
screening carried out for the
repowering of projects shall be
limited to the potential impacts
stemming from the change or
extension compared to the original
project.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (4),
second subparagraph
For the purpose of such screening,
For the purpose of such screening,
For the purpose of such screening,
the project developer shall provide
the project developer shall provide
the project developer shall provide
information on the characteristics of
information on the characteristics of
information on the characteristics of
the project, on its compliance with
the project, on its
potential impact
the project, on its compliance with
the rules and measures identified
on the environment, on its
the rules and measures identified
according to Article 15c (1), points
compliance with the rules and
according to Article 15c (1), points
(b) and (c), for the specific go-to
measures identified according to
(b) and (c), for the specific go-to
area, on any additional measures
Article 15c (1), points (b) and (c),
area, on any additional measures
86
adopted by the project and how these for the specific
go-torenewables
adopted by the project and how these
measures address environmental
acceleration area, on any additional
measures address environmental
impacts. Such screening shall be
measures adopted by the project and impacts.
The competent authority
finalised within 30 days from the
how these measures address
may request the applicant to
date of submission of the
environmental impacts. Such
provide additional existing
applications for new renewable
screening shall be finalised within
information. Such screening shall
energy plants, with the exception of
30 days from the date of submission
be finalised within 30
45 days from
applications for installations with an of the applications for new
the date of submission of
sufficient
electrical capacity of less than 150
renewable energy plants, with the
information necessary for this
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 75/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
kW. For such installations and for
exception of applications for
purpose the applications for new
new applications for the repowering
installations with an electrical
renewable energy plants, with the
of plants, the screening phase shall
capacity of less than 150 kW. For
exception of applications for
be finalized within 15 days.
such installations and for new
installations with an electrical
applications for the repowering of
capacity of less than 150 kW. For
plants, the screening phase shall be
such installations and for new
finalized within 15 days.
applications for the repowering of
plants, the screening phase shall be
finalized within 15
30 days.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (5)
(5) Following the screening process, (5) Following the screening process, (5) Following the screening process,
the applications referred to in
the applications referred to in
the applications referred to in
paragraph 3 shall be authorised from paragraph 3 shall be authorised from paragraph 3 shall be authorised from
an environmental perspective
an environmental perspective
an environmental perspective
without requiring any express
without requiring any express
without requiring any express
decision from the competent
decision from the competent
screening decision from the
authority, unless the competent
authority, unless the competent
competent authority, unless the
authority adopts an administrative
authority adopts an administrative
competent authority adopts an
decision, duly motivated and based
decision, duly motivated and based
administrative decision, duly
on clear evidence, that a specific
on clear evidence, that a specific
motivated and based on clear
project is highly likely to give rise to project is highly likely to give rise to evidence, that a specific project is
87
significantunforeseen adverse effects
significantunforeseen significant
highly likely to give rise to
in view of the environmental
adverse effects in view of the
significantunforeseen
significant
sensitivity of the geographic area
environmental sensitivity of the
unforeseen adverse effects in view
where they are located that cannot be geographic area where they are
of the environmental sensitivity of
mitigated by the measures identified located that cannot be mitigated by
the geographic area where they are
in the plan or plans designating go-to the measures identified in the plan or located that cannot be mitigated by
areas or proposed by the developer
plans designating
renewables
the measures identified in the plan or
for the project. Such decision shall
acceleration go-to areas or proposed plans designating go-to areas or
be made available to the public.
by the developer for the project.
proposed by the developer for the
Such projects shall be subject to an
Such decision shall be made
project. Such decision shall be made
assessment in accordance with
available to the public. Such projects available to the public. Such projects
Directive 2011/92/EC and, if
shall be subject to an assessment in
shall
may be subject to an
applicable, to an assessment under
accordance with Directive
assessment in accordance with
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 76/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 6(3) of Directive 92/43/EEC, 2011/92/EC and, if applicable, to an
Directive 2011/92/EC and, if
which shall be carried out within six assessment under Article 6(3) of
applicable, to an assessment under
months following the screening
Directive 92/43/EEC, which shall be Article 6(3) of
Directive
decision.
carried out within six months
92/43/EEC, which shall be carried
following the screening decision.
out within six months following the
screening decision
submission of
complete documentation including
information necessary for such
assessment. Where Member States
exempt such projects from those
assessments, the operator has to
adopt proportionate mitigation
measures or pay a monetary
compensation in order to address
those adverse effects. Where those
effects impact species protection,
the operator shall pay a monetary
compensation for species
protection programmes for the
duration of the operation of the
renewable power plant in order to
ensure or improve the
conservation status of the species
affected. Where duly justified on
the ground of extraordinary
circumstances that six months
period may be extended by up to
six months.
Article 1, first paragraph, point (7), amending provision, numbered paragraph (6)
(6) In the permit-granting process of (6) In the permit-granting process of (6) In the permit-granting process of
the applications referred to in
the applications referred to in
the applications referred to in
88
paragraphs 1 and 2, the lack of reply paragraphs 1 and 2, the lack of reply paragraphs 1 and 2,
Member States
of the relevant administrative bodies of the relevant administrative bodies
may provide that the lack of reply
within the established deadline shall
within the established deadline shall
of the relevant administrative bodies
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 77/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
result in the specific administrative
upon the request of the developer,
within the established deadline shall
steps to be considered as approved,
result in the specific administrative
result
results in the specific
except in those cases where the
steps to be considered as approved,
administrative steps to be considered
specific project is subject to an
except in those cases where the
as approved, except in those cases
environmental impact assessment in
specific project is subject to an
where the specific project is subject
accordance with paragraph 5. All
environmental impact assessment in
to an environmental impact
resulting decisions will be publicly
accordance with paragraph 5. All
assessment in accordance with
available.
resulting decisions will be publicly
paragraph 5
provided that there is
" available.
an explicit final decision on the
outcome of the process.
All
resulting decisions will be publicly
available
shall be made public.
"
Article 1, first paragraph, point (7), amending provision, numbered paragraph (6a)
6a. Member States shall share and
utilise best practices in the permit-
88a
granting process.
"
Article 1, first paragraph, point (8), introductory part
(8) The following Article 16b is
(8) The following Article 16b is
89
inserted:
inserted:
Article 1, first paragraph, point (8), amending provision, first paragraph
’
Article 16b
’
Article 16b
Permit-granting process outside
Article 16b
90
Permit-granting process outside
renewables
go-toacceleration areas
Permit-granting process outside
renewables go-to areas
renewables go-to areas
Article 1, first paragraph, point (8), amending provision, numbered paragraph (1)
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 78/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
(1) Member States shall ensure that
(1) Member States shall ensure that
(1) Member States shall ensure that
the permit-granting process referred
the permit-granting process referred
the permit-granting process referred
to in Article 16(1) shall not exceed
to in Article 16(1) shall not exceed
to in Article 16(1) shall not exceed
two years, for projects outside
two years, for18 months. That
two years, for projects outside
renewables go-to areas. Where duly
period shall apply to renewable
renewables go-to areas
, and shall
justified on the grounds of
hybrid power plants, and their
not exceed three years for offshore
extraordinary circumstances, that
related energy networks concerning renewable projects. Where duly
two-year period may be extended by projects outside renewables
go-
justified on the grounds of
up to three months. In such a case,
toacceleration areas. Where duly
extraordinary circumstances
or
91
Member States shall clearly inform
justified on the grounds of
extended periods needed for
the developer about the
extraordinary circumstances, that
assessments under applicable
extraordinary circumstances that
two-year18-month period may be
Union environmental law, that
justified the extension.
extended by up to three months. In
two-year period may be extended by
such a case, Member States shall
up to three
six months. In such a
clearly inform the developer about
case, Member States shall clearly
the extraordinary circumstances that
inform the developer about the
justified the extension.
extraordinary circumstances that
justified the extension.
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2), first
subparagraph
(2) Where an environmental
(2) Where an environmental
(2) Where an environmental
assessment is required under
assessment is required under
assessment is required under
Directive 2011/92/EU or Directive
Directive 2011/92/EU or Directive
Directive 2011/92/EU or Directive
92/43/EEC, it shall be carried out in
92/43/EEC, it shall be carried out in
92/43/EEC, it shall be carried out in
a single procedure that combines all
a single procedure that combines all
a single procedure that combines all
relevant assessments for a given
relevant assessments for a given
relevant assessments for a given
92
project. When any such
project. When any such
project. When any such
environmental impact assessment is
environmental impact assessment is
environmental impact assessment is
required, the competent authority,
required, the competent authority,
required, the competent authority,
taking into account the information
taking into account the information
taking into account the information
provided by the developer, shall
provided by the developer, shall
provided by the developer, shall
issue an opinion on the scope and
issue an opinion on the scope and
issue an opinion on the scope and
level of detail of the information to
level of detail of the information to
level of detail of the information to
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 79/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
be included by the developer in the
be included by the developer in the
be included by the developer in the
environmental impact assessment
environmental impact assessment
environmental impact assessment
report, of which the scope shall not
report, of which the scope shall not
report, of which the scope shall not
be extended subsequently. Where
be extended
subsequently. Where the be extended subsequently. Where
the specific projects have adopted
specific projects have adopted
the specific projects have adopted
appropriate mitigation measures, any
appropriateall necessary mitigation
appropriate mitigation measures, any
killing or disturbance of the species
measures, any
killing or
killing or disturbance of the species
protected under Article 12(1) of
disturbance of the species protected
protected under Article 12(1) of
Directive 92/43/EEC and Article 5
under Article 12(1) of Directive
Directive 92/43/EEC and Article 5
of Directive 2009/147/EC shall not
92/43/EEC and Article 5 of
of Directive 2009/147/EC shall not
be considered deliberate. Where
Directive 2009/147/EC shall not be
be considered deliberate. Where
novel mitigation measures to prevent considered deliberate. Where novel
Novel mitigation measures to
as much as possible the killing or
mitigation measures to prevent as
prevent as much as possible the
disturbance of species protected
much as possible the killing or
killing or disturbance of species
under Council Directive 92/43/EEC
disturbance of species protected
protected under Council Directive
and Directive 2009/147/EEC, or any under Council Directive 92/43/EEC
92/43/EEC and Directive
other environmental impact, have
and Directive 2009/147/EEC, or any 2009/147/EEC, or
to avoid any
not been widely tested as regards
other environmental impact, have
other
likely significant
their effectiveness, Member States
not been widely tested as regards
environmental impact, have not
may allow their use for one or
their effectiveness, Member States
been
shall be widely tested
and
several pilot projects for a limited
may allow their use for one or
closely monitored as regards their
time period, provided that the
several pilot projects for a limited
effectiveness,
. Member States may
effectiveness of such measures is
time period, provided that the
allow their use for one or several
closely monitored and appropriate
effectiveness of such measures is
pilot projects for a limited time
steps are taken immediately if they
closely monitored and appropriate
period, provided that the
do not prove to be effective. The
steps are taken immediately if they
effectiveness of
taking appropriate
permit-granting process for the
do not prove to be effective. The
steps immediately if such measures
,
repowering of projects and for new
permit-granting process for the
despite their prior testing and
installations with an electrical
repowering of projects
, including
monitoring, is closely monitored
capacity of less than 150 kW, co-
those increasing the capacity and
and appropriate steps are taken
located storage facilities as well as
the need for the related energy
immediately if they do not prove to
their grid connection, located outside
network developments without
be effective. The permit-granting
renewables go-to areas shall not
increasing the occupied area and
process for the repowering of
exceed one year including
for new installations with an
projects and for new installations
environmental assessments where
electrical capacity of less than 150
with an electrical capacity of less
required by relevant legislation.
kW, co-located storage facilities as
than 150 kW, co-located storage
Where duly justified on the ground
well as their grid connection, located facilities as well as their grid
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 80/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
of extraordinary circumstances, this
outside renewables
go-
connection, located outside
one-year period may be extended by
toacceleration areas shall not exceed renewables go-to areas shall not
up to three months. Member States
one yearsix months including
exceed one year including
shall clearly inform the developers
environmental assessments where
environmental assessments where
about the extraordinary
required by relevant legislation.
required by relevant legislation
, and
circumstances that justified the
Where duly justified on the ground
shall not exceed two years for
extension.
of extraordinary circumstances, this
offshore wind projects. Where duly
one-yearsix months period may be
justified on the ground of
extended by up to three months.
extraordinary circumstances, this
Member States shall clearly inform
one-year period may be extended by
the developers about the
up to three months. Member States
extraordinary circumstances that
shall clearly inform the developers
justified the extension
.
about the extraordinary
circumstances that justified the
extension.
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2),
second subparagraph
Member States shall facilitate the
Member States shall facilitate the
Member States shall facilitate the
repowering of projects located
repowering of projects located
repowering of projects located
outside go-to areas by ensuring that,
outside
go-toacceleration areas by
outside go-to areas by ensuring that,
if an environmental assessment for a ensuring that, if an environmental
if an environmental assessment for a
project is required under the Union
assessment for a project is required
project is required under the Union
93
environmental legislation, such
under the Union environmental
environmental legislation, such
assessment shall be limited to the
legislation, such assessment shall be assessment shall be limited to the
potential impacts stemming from the limited to the potential impacts
potential impacts stemming from the
change or extension compared to the stemming from the change or
change or extension compared to the
original project.
extension compared to the original
original project.
’ project.
’
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2),
second subparagraph a
93a
(2a) Where the repowering does
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 81/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
not result in an increase in the
capacity of the renewable energy
power plant beyond 15%,and
without prejudice to the need to
assess any potential environmental
impacts pursuant to the paragraph
2b, grid connections to the
transmission or distribution grid
shall be permitted within one month
following application to the relevant
entity unless there are justified
safety concerns or there is technical
incompatibility of the system
components.
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2),
second subparagraph b
(2b) Where the repowering of solar
installations does not entail the use
of additional space and complies
with the applicable environmental
mitigation measures established for
the original installation, the project
93b
shall be exempted from the
requirement, if applicable, to be
subject to a determination whether
the project requires an
environmental impact assessment
pursuant to Article 4 of Directive
2011/92/EU.
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2),
second subparagraph c
93c
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 82/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
(2c) Where the repowering of a
renewable energy power plant or of
a related grid infrastructure which
is necessary to integrate renewables
into the electricity system, to a
determination whether the project
requires an environmental impact
assessment procedure or an
environmental impact assessment
pursuant to Article 4 of Directive
2011/92/EU, such prior
determination and/or
environmental assessment shall be
limited to the potential impacts
stemming from the change or
extension compared to the original
project.
Article 1, first paragraph, point (8), amending provision, numbered paragraph (2),
second subparagraph d
(2d) Decisions resulting from the
93d
permit-granting process shall be
made publicly available.
’
Article 1, first paragraph, point (9), introductory part
(9) The following Article 16c is
(9) The following Article 16c is
94
inserted:
inserted:
Article 1, first paragraph, point (9), amending provision, first paragraph
95
‘
‘
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 83/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 16c
Article 16c
Permit-granting process for the
Accelerated deployment and
installation of solar energy
permit-granting process for the
equipment in artificial structures
installation of solar energy
equipment in artificial structures
Article 1, first paragraph, point (9), amending provision, numbered paragraph (1)
(1) Member States shall ensure that
(1) Member States shall ensure that
(1) Member States shall ensure that
the permit-granting process referred
the permit-granting process referred
the permit-granting process referred
to in Article 16(1) for the installation to in Article 16(1)
of this Directive
to in Article 16(1) for the installation
of solar energy equipment, including for the installation of solar energy
of solar energy equipment, including
building-integrated solar
equipment, including
on rooftop,
building-integrated solar
installations, in existing or future
and co- located energy storage
installations, in existing or future
artificial structures, with the
assets, including building-integrated artificial structures, with the
exclusion of artificial water surfaces, solar installations, in existing or
exclusion of artificial water surfaces,
shall not exceed three months,
future artificial structures, with the
shall not exceed three months,
provided that the primary aim of
exclusion of artificial water surfaces, provided that the primary aim of
such structures is not solar energy
shall not exceed
three monthsone
such structures is not solar energy
production. By derogation from
month, provided that the primary
production. By derogation from
Article 4(2) of Directive 2011/92/EU aim of such structures is not solar
Article 4(2) of Directive 2011/92/EU
96
andAnnex II, points 3(a) and (b),
energy production.
For solar
andAnnex
and Annex II, points 3(a)
alone or in conjunction with point
installations of 50kW or less,
and (b), alone or in conjunction with
13(a) to that Directive, such
including renewables self-
point 13(a) to that Directive, such
installation of solar equipment shall
consumers, jointly acting
installation of solar equipment shall
be exempted from the requirement,
renewables self-consumers and
be exempted from the requirement,
if applicable, to carry out a dedicated
renewable energy communities,
if applicable, to carry out a dedicated
environmental impact assessment
Member States shall provide for a
environmental impact assessment
under Article 2(1) of Directive
simple-notification procedure as set under Article 2(1) of Directive
2011/92/EU.
out in Article 17 of this Directive.
2011/92/EU.
Member States may
’ By derogation from Article 4(2) of
exclude certain areas or structures
Directive 2011/92/EU
andAnnexand from the provisions of paragraph
Annex II, points 3(a) and (b), alone
1, due to reasons of cultural or
or in conjunction with point 13(a) to
historical heritage protection , or
that Directive, such installation of
for reasons related to national
solar equipment shall be exempted
defense interests or safety reasons.
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 84/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
from the requirement, if applicable,
’
to carry out a dedicated
environmental impact assessment
under Article 2(1) of Directive
2011/92/EU.
Member States shall make sure that
requirements for construction still
in place are to be removed. Member
States shall also establish a
roadmap to remove other barriers
and to enhance the accelerated
deployment of solar energy.’
Article 1, first paragraph, point (9), amending provision, numbered paragraph (1a)
1a. Member States shall ensure
that the installation of building-
integrated solar installations is
96a
exempt from environmental impact
assessment under Article 2(1) of
Directive 2011/92/EU and from
building permitting.
’
Article 1, first paragraph, point (9a), introductory part
10 The following Article 16d is
96b
inserted:
Article 1, first paragraph, point (9a), amending provision, first paragraph
"
96c
Article 16d
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 85/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 1, first paragraph, point (9a), amending provision, second paragraph
(1) Where the integration of
renewables into the electricity
system requires the reinforcement
of the grid infrastructure and such
reinforcement is subject to the
screening procedure pursuant to
Article 16a paragraph 4, or to an
environmental impact assessment
in the circumstances referred to in
96d
Article 16a paragraph 6, or to an
environmental impact assessment
pursuant to Article 4 of Directive
2011/92/EU, such screening and/or
environmental assessment shall be
limited to the potential impacts
stemming from the change or
extension compared to the original
grid infrastructure.
Article 1, first paragraph, point (9a), amending provision, third paragraph
(2) Where the integration of
renewables into the electricity
system requires the reinforcement
of the grid infrastructure and such
reinforcement is subject to an
environmental impact assessment
96e
pursuant to Article 4 of Directive
2011/92/EU, such environmental
assessment shall be limited to the
potential impacts stemming from
the change or extension compared
to the original grid infrastructure.
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 86/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 1, first paragraph, point (9a), amending provision, fourth paragraph
(3) Member States may exempt
energy storage projects and
electricity grid projects which are
necessary to integrate renewable
energy into the electricity system
from the environmental impact
assessment under Article 2(1) of
Directive 2011/92/EU, and the
species protection assessments
under Article 12(1) of Directive
92/43/EEC and under Article 5 of
Directive 2009/147/EC, provided
that the project is located in a
dedicated grid area for a related
grid infrastructure which is
necessary to integrate renewable
energy into the electricity system,
96f
if Member States have set any
such grid area, and provided that
the area has been subjected to a
strategic environmental
assessment in accordance with
Directive 2001/42. The competent
authority shall ensure, on the basis
of existing data, that appropriate
and proportionate mitigation
measures are applied to ensure
compliance with Articles 12(1) of
Directive 92/43/EC and Article 5
of Directive 2009/147/EEC. Where
those mearures are not available,
the competent authority shall
ensure that the operator pays a
monetary compensation for
species protection programmes in
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 87/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
order to secure or improve the
conservation status of the species
affected.
"
Article 1, first paragraph, point (10), introductory part
(10) The following Article 16d is
(10) The following Article 16d is
inserted:
inserted:
18
_________
18.
Delegations are informed that this
97
article is replaced by Articles
15(8)b, 15(8)c and 15(8)d as agreed by the
TTE Council as part of the General
Approach on the Renewable Energy
Directive. (ST 10488/ 2022).
Article 1, first paragraph, point (10), amending provision, first paragraph
‘
‘
98
Article 16d
Article 16d
Overriding public interest
Overriding public interest
Article 1, first paragraph, point (10), amending provision, second paragraph
By [three months from entry into
By
... [three months from entry into
By [three months from entry into
force], until climate neutrality is
force], until climate neutrality is
force], until climate neutrality is
achieved, Member States shall
achieved,
Member States shall
achieved, Member States shall
ensure that, in the permit-granting
ensure that, in the permit-granting
ensure that, in the permit-granting
99
process, the planning, construction
process, the planning, construction
process, the planning, construction
and operation of plants for the
and operation of plants for the
and operation of plants for the
production of energy from
production of energy from
production of energy from
renewable sources, their connection
renewable sources, their connection
renewable sources, their connection
to the grid and the related grid itself
to the grid and the related grid itself
to the grid and the related grid itself
and storage assets are presumed as
and storage assets are presumed as
and storage assets are presumed as
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 88/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
being in the overriding public
being in the overriding public
being in the overriding public
interest and serving public health
interest and serving public health
interest and serving public health
and safety when balancing legal
and safety when balancing legal
and safety when balancing legal
interests in the individual cases for
interests in the individual cases for
interests in the individual cases for
the purposes of Articles 6(4) and
the purposes of Articles 6(4) and
the purposes of Articles 6(4) and
16(1)(c) of Directive 92/43/EEC,
16(1)(c) of Directive 92/43/EEC,
16(1)(c) of Directive 92/43/EEC,
Article 4(7) of Directive 2000/60/EC Article 4(7) of Directive 2000/60/EC Article 4(7) of Directive 2000/60/EC
and Article 9(1)(a) of Directive
and Article 9(1)(a) of Directive
and Article 9(1)(a) of Directive
2009/147/EC.
2009/147/EC.
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.
Article 1, first paragraph, point (10a), introductory part
(10a) The following Article 16e is
99a
inserted:
Article 1, first paragraph, point (10a), amending provision, first paragraph
"
Article 16e
99b
Acceleration of the deployment of
heat pumps
Article 1, first paragraph, point (10a), amending provision, numbered paragraph (1)
99c
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 89/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
1. The permit-granting process for
the installation of heat pumps shall
not exceed one month
Article 1, first paragraph, point (10a), amending provision, numbered paragraph (2)
2. Grid connections to the
transmission or distribution grid
shall be permitted following
notification to the relevant entity
for:
(a) heat pumps of up to 12kW
electrical capacity; and
(b) heat pumps installed by a
renewables self-consumer , jointly
acting renewables self consumers
and renewable energy communities
99d
pursuant to Article 2(14) of
Directive (EU)2018/2001 of up to
50 kW electrical capacity, provided
the capacity of the renewables self-
consumer's renewable electricity
generation installation amounts to
at least 60% of the capacity of the
heat pump unless there are justified
safety concerns or there is technical
incompatibility of the system
components.
Article 1, first paragraph, point (10a), amending provision, numbered paragraph (3)
3. Decisions resulting from permit-
99e
granting processes shall be made
publicly available.
"
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 90/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 1, first paragraph, point (10b), introductory part
99f
(10b) The following Article 16f is
inserted:
Article 1, first paragraph, point (10b), amending provision, first paragraph
"
99g
The following Article 16f is
inserted:
Article 1, first paragraph, point (10b), amending provision, numbered paragraph (1)
Member States shall report to the
Commission on:
(a) the duration of the permit-
granting processes for plants for
the production of energy from
99h
renewable sources in as well as
outside the renewables acceleration
areas;
(b) the impact of Article 16d on
the duration of the permit-granting
process and legal proceedings.
Article 1, first paragraph, point (10b), amending provision, numbered paragraph (2)
The Commission shall evaluate
99i
the information provided by
Member States and, if appropriate,
propose changes to relevant
legislation.’
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 91/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
"
Article 2
Article 2
Article 2
Article 2
Amendment to Directive
Amendment to Directive 2010/31/EU
Amendment to Directive
2010/31/EU
2010/31/EU
19
_________
19.
Delegations are informed that Article
100
2 amending Directive 2010/31/EU and
proposing
a new Article 9a titled "Solar energy in
buildings" is to be discussed in the context
of
the parallel ongoing negotiations on the
EPBD.
Article 2, first paragraph, introductory part
Directive 2010/31/EU is amended as
Directive 2010/31/EU is amended as Directive 2010/31/EU is amended as
101
follows:
follows:
follows:
Article 2, first paragraph, point (1), introductory part
(1) The following Article 9a is
(1)
The following Article 9a is
(1) The following Article 9a is
102
inserted:
inserted:
inserted:
Article 2, first paragraph, point (1), amending provision, first paragraph
‘
Article 9a
‘
103
Article 9a
Solar energy in buildings
Article 9a
Solar energy in buildings
Solar energy in buildings
Article 2, first paragraph, point (1), amending provision, second paragraph
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 92/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Member States shall ensure that all
Member States shall ensure that all
Member States shall ensure that all
new buildings are designed to
new buildings are designed to
new buildings are designed to
optimise their solar energy
optimise their solar energy
optimise their solar energy
104
generation potential on the basis of
generation potential on the basis of
generation potential on the basis of
the solar irradiance of the site,
the solar irradiance of the site,
the solar irradiance of the site,
enabling the later cost-effective
enabling the later cost-effective
enabling the later cost-effective
installation of solar technologies.
installation of solar technologies.
installation of solar technologies.
Article 2, first paragraph, point (1), amending provision, third paragraph, introductory
part
Member States shall ensure the
Member States shall ensure the
Member States shall ensure the
105
deployment of suitable solar energy
deployment of suitable solar energy
deployment of suitable solar energy
installations:
installations:
installations:
Article 2, first paragraph, point (1), amending provision, third paragraph(a)
(a) by 31 December 2026, on all
(a)
by 31 December 2026, on all
(a) by 31 December 2026, on all
new public and commercial
new public and commercial
new public and commercial
106
buildings with useful floor area
buildings with useful floor area
buildings with useful floor area
larger than 250 square meters;
larger than 250 square meters;
larger than 250 square meters;
Article 2, first paragraph, point (1), amending provision, third paragraph(b)
(b) by 31 December 2027, on all
(b)
by 31 December 2027, on all
(b) by 31 December 2027, on all
existing public and commercial
existing public and commercial
existing public and commercial
107
buildings with useful floor area
buildings with useful floor area
buildings with useful floor area
larger than 250 square meters; and
larger than 250 square meters; and
larger than 250 square meters; and
Article 2, first paragraph, point (1), amending provision, third paragraph(c)
108
(c) by 31 December 2029, on all
(c)
by 31 December 2029, on all
(c) by 31 December 2029, on all
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 93/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
new residential buildings.
new residential buildings.
new residential buildings.
Article 2, first paragraph, point (1), amending provision, fourth paragraph
Member States shall define, and
Member States shall define, and
Member States shall define, and
make publicly available, criteria at
make publicly available, criteria at
make publicly available, criteria at
national level for the practical
national level for the practical
national level for the practical
implementation of these obligations,
implementation of these obligations, implementation of these obligations,
and for possible exemptions for
and for possible exemptions for
and for possible exemptions for
specific types of buildings, in
specific types of buildings, in
specific types of buildings, in
109
accordance with the assessed
accordance with the assessed
accordance with the assessed
technical and economic potential of
technical and economic potential of
technical and economic potential of
the solar energy installations and the
the solar energy installations and
the solar energy installations and the
characteristics of the buildings
the characteristics of the buildings
characteristics of the buildings
covered by this obligation.
covered by this obligation.
covered by this obligation.
‘
‘
Article 3
Article 3
Article 3
Article 3
Amendment to Directive
Amendment to Directive 2012/27/EU
Amendment to Directive
2012/27/EU
2012/27/EU
20
110
_________
20.
Delegations are informed that Article 3
amending Directive 2012/27/EU is to be
discussed in the context of the parallel
ongoing negotiations on the EED.
Article 3, first paragraph, introductory part
Directive 2012/27/EU is amended as
Directive 2012/27/EU is amended as Directive 2012/27/EU is amended as
111
follows:
follows:
follows:
Article 3, first paragraph, point (1), introductory part
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 94/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
(1) in Article 3, paragraph 5 is
(1)
in Article 3, paragraph 5 is
(1) in Article 3, paragraph 5 is
112
replaced by the following:
replaced by the following:
replaced by the following:
Article 3, first paragraph, point (1), amending provision, numbered paragraph (5)
‘
5.
Member States shall collectively
‘
5. Member States shall collectively
ensure a reduction of energy
5. Member States shall collectively
ensure a reduction of energy
consumption of at least 13 % in
ensure a reduction of energy
consumption of at least 13 % in
2030 compared to the projections of consumption of at least 13 % in
2030 compared to the projections of
the 2020 Reference Scenario so that
2030 compared to the projections of
the 2020 Reference Scenario so that
the Union’s final energy
the 2020 Reference Scenario so that
113
the Union’s final energy
consumption amounts to no more
the Union’s final energy
consumption amounts to no more
than 750 Mtoe and the Union’s
consumption amounts to no more
than 750 Mtoe and the Union’s
primary energy consumption
than 750 Mtoe and the Union’s
primary energy consumption
amounts to no more than 980 Mtoe
primary energy consumption
amounts to no more than 980 Mtoe
in 2030.
amounts to no more than 980 Mtoe
in 2030.
in 2030.
’
’
Article 4
Article 4
Article 4
Article 4
114
Transposition
Transposition
Transposition
Article 4(1), first subparagraph
(1) Member States shall bring into
(1) Member States shall bring into
(1) Member States shall bring into
force the laws, regulations and
force the laws, regulations and
force the laws, regulations and
administrative provisions necessary
administrative provisions necessary
administrative provisions necessary
115
to comply with Article 1, point (10), to comply with Article 1, point (10), to comply with Article 1, point (10),
by [three months after the entry into
by [
three monthsone month after the by [three months after the entry into
force of this Directive] at the latest.
entry into force of this Directive] at
force of this Directive] at the latest.
21
the latest.
_________
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 95/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
21.
Delegations are informed that this
paragraph is replaced by the provisions
contained
in the General Approach on REDII.
Article 4(1), second subparagraph
Member States shall bring into force Member States shall bring into force Member States shall bring into force
the laws, regulations and
the laws, regulations and
the laws, regulations and
administrative provisions necessary
administrative provisions necessary
administrative provisions necessary
to comply with Article 1, points (1),
to comply with Article 1, points (1),
to comply with Article 1, points (1),
116
(2), (3), (4), (6), (8) and (9), and
(2), (3), (4), (6), (8) and (9), and
(2), (3), (4), (6), (8) and (9), and
Article 3 by [one year after the entry Article 3 by [
one yearsix months
Article 3 by [one year after the entry
into force of this Directive] at the
after the entry into force of this
into force of this Directive] at the
latest.
Directive] at the latest.
latest.
Article 4(1), third subparagraph
Member States shall bring into force Member States shall bring into force Member States shall bring into force
the laws, regulations and
the laws, regulations and
the laws, regulations and
administrative provisions necessary
administrative provisions necessary
administrative provisions necessary
117
to comply with Article 1, points (5)
to comply with Article 1, points (5)
to comply with Article 1, points (5)
and (7), and Article 2 by [two years
and (7), and Article 2 by [
two
and (7), and Article 2 by [
by two
after the entry into force of this
yearsone year after the entry into
years after the entry into force of this
Directive] at the latest.
force of this Directive] at the latest.
Directive] at the latest.
Article 4(1), fourth subparagraph
They shall forthwith communicate to
They shall forthwith communicate to
118
the Commission the text of those
the Commission the text of those
provisions.
provisions.
Article 4(1), fifth subparagraph
119
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the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 96/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
When Member States adopt those
When Member States adopt those
provisions, they shall contain a
provisions, they shall contain a
reference to this Directive or be
reference to this Directive or be
accompanied by such a reference on
accompanied by such a reference on
the occasion of their official
the occasion of their official
publication. Member States shall
publication. Member States shall
determine how such reference is to
determine how such reference is to
be made.
be made.
Article 4(2)
(2) Member States shall
(2) Member States shall
communicate to the Commission the
communicate to the Commission the
120
text of the main provisions of
text of the main provisions of
national law which they adopt in the
national law which they adopt in the
field covered by this Directive.
field covered by this Directive.
Article 5
Article 5
Article 5
121
Entry into force
Entry into force
Article 5, first paragraph
This Directive shall enter into force
This Directive shall enter into force
on the twentieth day following that
on the twentieth day following that
122
of its publication in the Official
of its publication in the Official
Journal of the European Union.
Journal of the European Union.
Article 6
123
Article 6
Article 6
Addressees
Addressees
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 97/98
Commission Proposal
EP Mandate
Council Mandate
Draft Agreement
Article 6, first paragraph
This Directive is addressed to the
This Directive is addressed to the
124
Member States.
Member States.
Formula
125
Done at Brussels,
Done at Brussels,
Formula
126
For the European Parliament
For the European Parliament
Formula
127
The President
The President
Formula
128
For the Council
For the Council
Formula
129
The President
The President
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 (Text with EEA relevance) 2022/0160(COD) 26-01-2023 at 11h23 98/98
Document Outline
