BETA

22 Amendments of Anna DEPARNAY-GRUNENBERG related to 2022/0160(COD)

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Recital 11

(11) Following the adoption of the plan or plans designating renewables ~~go-to~~ areas, Member States should monitor the ~~significant~~ environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action, in accordance with Directive 2001/42/EC.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Recital 18

(18) The construction and operation of renewable energy plants may result in the occasional killing or disturbance of birds and other protected species under Directive 92/43/EEC or Directive 2009/147/EC26 . However, such killing or disturbance would not be considered deliberate in the sense of these Directives if a project has adopted, during its construction and operation, appropriate mitigation measures to avoid collisions or prevent disturbance, and if it carries out a proper monitoring to assess the effectiveness of such measures and, in the light of the information gathered, takes further measures as required to ensure no significant negative impact on the population of the species concerned. __________________ 26 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).deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1

By [2 years after the entry into force], Member States shall adopt a plan or plans designating, within the areas referred to in Article 15b(1), renewables go-to areas for one or more types of renewable energy sources, taking into account the space requirements identified for each technology to reach climate neutrality by 2040, with the intermediate step of meeting national contributions under the 2030 targets for renewable energy as set down under Article 15b(1). In that plan or plans, Member States shall:

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point -a

(-a) Within 1 year after the entry into force of this Directive, carry out an assessment of the sensitivity of their protected species and habitats to planned energy production from renewable sources. These assessments shall be technology-specific and shall be used to determine land and sea areas where installations for the production of energy from renewable sources have low impacts on the environment. These assessments shall align with Member States’ obligations under environmental legislation, including under Directive 2008/56/EC, Directive 2000/60/EC, Directive2009/147/EC or Directive 92/43/EEC.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part

(a) Designate sufficiently homogeneous land and sea areas where the deployment of a specific type or types of renewable energy is ~~not~~ expected to have ~~significant~~low environmental impacts according to the sensitivity mapping under point (-a), in view of the particularities of the selected territory. The overall amount of land and sea areas shall match the space requirements identified to reach the 2030 and 2040 targets for renewable energy as set out under Article 15b(1) of this Directive and included in national energy and climate plans of the Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999. In doing so, Member States shall:

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

— ~~give priority to~~firstly designate artificial and built surfaces~~, such as rooftop~~ for renewable energy, excluding new hydropower and bioenergy, where the installation of renewable energy can be expected to have low environmental impact ('renewable go-to areas'). These are rooftops, facades, sub-surfaces and surfaces, transport infrastructure areas, parking areas, waste sites, industrial sites, mines~~, artificial inland water bodies,~~ and, where appropriate, urban waste water treatment sites; By the laktes ~~or reservoirs, and, where appropriate, urban waste water~~ t 1 year of entry into force of this Directive, Member States shall designate their renewable go-to areas. In order to make the designation process as efficient and fast as possible, Member States shall remove administreat~~ment sites, as well as degraded land not usable for agriculture;~~ive and other barriers and allocate sufficient well- trained staff and administrative resources.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2

— ~~exclude Natura 2000 sites and natur~~secondly designate areas for renewable energy ('renewable areas'), excluding new hydropower plants, where the installation can be expected to have low environmental impact. These par~~ks and reserves, the identified bird migratory routes as well as~~eas shall be outside Natura 2000 sites and other protected areas, identified bird and marine mammal migratory routes, blue carbon ecosystems, buffer zones and ecological corridors, as well as any other specific areas excluded for energy use or other areas identified based on the assessment in point (-a), sensitivity maps and the tools referred to in the next point, ~~except for~~but could include artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure. on the condition that the artificial and built surfaces in questions are not spatially expanded and pursuant to the appropriate assessment of Article 6(3) of Directive 92/43/EEC. Member States shall designate renewable areas within one year of the entry into force of [the Nature Restoration Regulation] but no later than 3 years after the entry into force of this Directive.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

(b) Establish appropriate rules for the designated renewable ~~go-to~~ areas, including on the appropriate and effective mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. ~~Where appropriate,~~ Member States shall ensure that appropriate mitigation measures are applied to ~~prevent the situ~~implement obligations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable ~~go-to~~ area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is and risks. The effectiveness of such measures shall be closely monitored and appropriate steps arshall be taken immediately if they do not prove to be effective. .

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 2

Member States shall explain in the plan the assessment made to identify each designated ~~go-to~~ area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 2

(2) Before its adoption, the plan or plans designating renewables ~~go-to~~ areas shall be subject to an site-and project-specific environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC, and where applicable, if ~~including artificial and built surf~~they may have significant impacets ~~located i~~on Natura 2000 sites, ~~likely to have significant impacts in those site~~either individually or in combination with other plans or projects, to the appropriate assessment in accordance to Article 6(3) of Directive 92/43/EEC.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 2 a (new)

(2a) When identifying the areas referred to in Article 15b(1) at sea, the designation shall be aligned with the requirements of Directive 2014/89/EU, which recommends the Member States use an ecosystem-based approach to Maritime Spatial Planning (MSP) when designating renewable energy sites.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive (EU) 2018/2001
Article 15c – paragraph 3

(3) The plan or plans ide~~signating renewables go-to areas~~ntifying land and sea areas necessary for the installation of plants for the production of energy from renewable sources and designating renewables areas under Articles 15b and 15c shall be made public and shall be reviewed periodically, at least in the context of the update of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999, and Directive 2014/89/EU.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 1

Without prejudice to paragraphs 4 and 5, by derogation from Article 4(2) of Directive 2011/92/EU, and Annex II, points 3(a), (b), (d), (h), (i), and 6(c) alone or in conjunction with point 13(a) to that Directive as far as this concerns renewable energy projects, new applications for renewable energy plants, except for biomass combustion plants, including the repowering of plants, in already designated renewables go-to areas for the respective technology, co-located storage facilities as well as their connection to the grid, shall be exempted from the requirement to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU, provided that these projects comply with the rules and measures set out in accordance with Article 15c(1), point (b). 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.deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 2

~~By derogation from Article 6(3) of Directive 92/43/EEC, the plants referred to in the first subparagraph, shall not be subject to an assessment of their implications for Natura 2000 sites.~~deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 7

irective (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 1

The competent authorities of Member States shall carry out a screening of the applications referred to in paragraph 3. Such screening shall aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC and, if relevant, with Directive 92/43/EEC. 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.deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 2

For the purpose of such screening, the project developer shall provide information on the characteristics of the project, on its compliance with the rules and measures identified according to Article 15c (1), points (b) and (c), for the specific go-to area, on any additional measures adopted by the project and how these measures address environmental impacts. Such screening shall be finalised within 30 days from the date of submission of the applications for new renewable energy plants, with the exception of applications for installations with an electrical capacity of less than 150 kW. For such installations and for new applications for the repowering of plants, the screening phase shall be finalized within 15 days.deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001
Article 16a – paragraph 5

(5) Following the screening process, the applications referred to in paragraph 3 shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, duly motivated and based on clear evidence, that a specific project is highly likely to give rise to significantunforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that cannot be mitigated by the measures identified in the plan or plans designating go-to areas or proposed by the developer for the project. Such decision shall be made available to the public. Such projects shall be subject to an assessment in accordance with Directive 2011/92/EC and, if applicable, to an assessment under Article 6(3) of Directive 92/43/EEC, which shall be carried out within six months following the screening decision.deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 1

Where an environmental assessment is required under Directive 2011/92/EU or Directive 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where the specific projects have adopted appropriate mitigation measures, any killing or disturbance of the species protected under Article 12(1) of Directive 92/43/EEC and Article 5 of Directive 2009/147/EC shall not be considered deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. The permit-granting process for the repowering of projects and for new installations with an electrical capacity of less than 150 kW, co-located storage facilities as well as their grid connection, located outside renewables go-to areas shall not exceed one year including environmental assessments where required by relevant legislation. Where duly justified on the ground of extraordinary circumstances, this one- year period may be extended by up to three months. Member States shall clearly inform the developers about the extraordinary circumstances that justified the extension.deleted

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive (EU) 2018/2001
Article 16c – title

~~Permit-granting process for the installation~~Accelerated deployment of solar energy equipment in artificial structures

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive (EU) 2018/2001
Article 16c – paragraph 1

(1) Member States shall ensure that the permit-granting process referred to in Article 16(1) for the installation of solar energy equipment, including building- integrated solar installations, in existing or future artificial structures, with the exclusion of artificial water surfaces, shall not exceed three months, provided that the primary aim of such structures is not solar energy production. ~~By derogation from Article 4(2) of Directive 2011/92/EU andAnnex II, points 3(a) and (b), alone or in conjunction with point 13(a) to that Directive, such in~~For rooftop solar installations below 50 kW, Member States shall ensure simplified authorisation procedures are in place. Requirements for construction permits shall be removed in case staill~~ation of solar equipment shall be exempted from the requirement, if applicable, to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU~~ in place. Member States shall also establish a roadmap to remove other barriers and to enhance the accelerated deployment of solar energy.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive (EU) 2018/2001
Article 16c – paragraph 1 a (new)

(1a) In order to facilitate the deployment of roof-top solar, Member States shall ensure that the installation of building-integrated solar is exempted from environmental impact assessment under article 2(1) of Directive 2011/92/EU and from building permitting.

2022/09/19
Committee: ENVI

Martin HÄUSLING, Anna DEPARNAY-GRUNENBERG

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001
Article 16d

(10) The following Article 16d is inserted: By [three months from entry into force], until climate neutrality is achieved, Member States shall ensure that, in the permit-granting process, the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself and storage assets are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in the individual cases for the purposes of Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC.deleted Article 16d Overriding public interest

2022/09/19
Committee: ENVI