On 27 April, the Cyprus Presidency of the Council of the EU will submit a third draft compromise on the proposal for a directive on accelerated permitting of infrastructure and renewable energy projects, presented on 10 December as part of the ‘Networks’ package (see EUROPE 13770/4).
As a reminder, while it takes around five years to obtain a permit for electricity transmission networks, according to the ACER agency, the directive aims to speed up authorisation procedures for all network infrastructures, as well as renewable energy projects, storage projects and recharging stations. There is currently no European authorisation framework for electricity networks.
Among other things, the directive introduces a ‘general presumption of overriding public interest’ for electricity networks. Under certain conditions, approval times for grid connection applications for solar projects will be between one and three months. For energy storage (excluding hydrogen) and recharging stations, the deadline is six months.
The proposal also consists of exempting projects of common and mutual interest (PCI/PMI) from certain environmental assessments.
In this third document, seen by Agence Europe, the Cyprus Presidency of the Council of the EU proposes, for example, that Member States encourage the installation of modular mini-solar systems (small-scale installations that do not require roof space and are a good alternative to traditional rooftop photovoltaic solar installations) in buildings, by identifying and removing unjustified barriers to their deployment. But they “can limit the installation of these systems in certain areas or structures for the purpose of protecting cultural or historical heritage”, the text states.
A reference to defence concerns has also been added. “Member States shall endeavour not to designate large areas where the installation of renewable energy plants and their related infrastructure is legally or de facto restricted due to environmental reasons, including protection of landscape, unless they can demonstrate that those types of plants and their related infrastructure would result in irreversible damage in the area which cannot be mitigated or compensated for”. However, “this paragraph applies without prejudice to national defence considerations”.
The text also specifies that, in the context of certain procedures for granting authorisations, Member States shall ensure “that for new projects, the lack of reply by the relevant competent authorities or entities within the established deadline results in the specific intermediary administrative steps to be considered as approved, except for environmental decisions and grid connection permits”.
The original text also proposes that, in order to speed up the deployment of renewable energies, associated infrastructures and their connection to the grid, it is necessary to specify how to meet the other conditions for the application of the derogations provided for in the Union’s environmental legislation.
Here, “for the purposes of applicable EU environmental law, when assessing the existence of satisfactory alternative solutions for a given renewable energy project”, the Presidency adds that “the limitations of this assessment should be restricted to the application of the derogations provided for in EU environmental legislation. Member States may define different rules for the overall assessment of alternative solutions as part of the authorisation procedure”.
Water Directive: more flexibility. On the subject of authorisation procedures for electricity networks, the Presidency again suggests that projects should be exempt from the requirements of Article 4(1) of Directive 2000/60/EU.
“The exemption [...] does not apply to water bodies in special protection areas according to Article 7(3) of Directive 2000/60 EU,to water bodies in areas determined for human consumption according to Article 8 of Directive (EU) 2020/2184, and to water bodies for the extraction of natural mineral waters in accordance with Directive 2009/54/EC”.
The 2000 directive includes measures to prevent water deterioration.
Longer lead times for grid connection. Otherwise, the text further extends the authorisation deadlines for grid connections permits. Member States must ensure that they do not exceed “six months for solar energy equipment and co-located energy storage”, energy storage or recharging stations, compared to one month in the initial text.
Link to the first (public) compromise document: https://aeur.eu/f/lla
Link to the third compromise: https://aeur.eu/f/llg (Original version in French by Solenn Paulic)