32 Amendments of Lina GÁLVEZ related to 2022/0160(COD)
Amendment 28 #
Proposal for a directive
Recital 4
Recital 4
(4) Lengthy administrative procedures are one of the key barriers for investments in renewables and their related infrastructure. These barriers include the complexity of the applicable rules for site selection and administrative authorisations for projects, the complexity and duration of the assessment of the environmental impacts of the projects, grid connection and network development issues, constraints on adapting technology specifications during the permit-granting procedure, or staffing issues of the permit- granting authorities or grid operators. In order to accelerate the pace of deployment of renewable energy projects it is necessary to adopt rules which would simplify and shorten permit-granting processes, while the social acceptance of the renewable energy deployment is taken into account.
Amendment 38 #
Proposal for a directive
Recital 8
Recital 8
(8) A faster roll-out of renewable energy projects could be supported by strategic planning carried out by Member States. Member States should identify the land and sea areas necessary for the installation of plants for the production of energy from renewable sources in order to meet their national contributions towards the revised 2030 renewable energy target set out in Article 3(1) of Directive (EU) 2018/2001 and the climate-neutrality objective set out in Article 2 of Regulation (EU) 2021/1119. Such areas should reflect their estimated trajectories and total planned installed capacity and should be identified by renewable energy technology set in the Member States’ updated national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999. The identification of the required land and sea areas should take into consideration the availability of the renewable energy resources and the potential offered by the different land and sea areas for renewable energy production of the different technologies, the projected energy demand overall and in the different regions of the Member State, and the availability of relevant grid infrastructure, storage and other flexibility tools bearing in mind the capacity needed to cater for the increasing amount of renewable energy.
Amendment 59 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of renewables go- to areas should allow renewable energy plants, their grid connection as well as co- located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. In particular, projects located in renewable go-to areas should benefit from accelerated administrative procedures, including the possibility of a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline, unless the specific project is subject to an environmental impact assessment. These projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. Following the application for projects in a renewables go- to area, Member States should carry out a fast screening of such applications with the aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC. All projects located in renewables go-to areas should be deemed approved at the end of such screening process. Only if Member States have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects, Member States should, after motivating such decision, subject such project to an environmental assessment in accordance with Directive 2011/92/EC and, where relevant, Directive 92/43/EEC25 . Given the need to accelerate the deployment of renewable energy sources, such assessment should be carried out within six months. _________________ 25 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).
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2018/2001
Article 2 – paragraph 2 – point 9a
Article 2 – paragraph 2 – point 9a
(9a) ’renewables go-topriority area’ means a specific location, whether on land or sea, which has been designatprioritised by a Member State as particularly suitable for the accelerated installation of plants for the production of energy from renewable sources, other than biomass combustion plants.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – title
Article 15b – title
Article 15b Mapping of areas necessary for national contributions towards the 2030 RES target and the climate-neutrality objective
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 1
Article 15b – paragraph 1
(1) By [1 year after the entry into force], Member States shall identify theperform an integrated multilevel mapping and planning for the deployment of renewable energy resources on their territory in coordination with all relevant national, regional and local authorities to identify the domestic potential and the available land and sea areas for the deployment of renewable energy projects. Member States shall identify the installed capacity as well as land and sea areas necessary for the installation of plants for the production of energy from renewable sources that are required in order to meet at least their national contributions towards the 2030 renewable energy target in accordance with Article 3 of this Directive and the climate- neutrality objective in accordance with Article 2 of Regulation (EU) 2021/1119. Such areas shall be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999, while respecting and implementing the energy efficiency first principle.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point a
Article 15b – paragraph 2 – point a
(a) the availability of the renewable energy resources and the potential for renewable energy production of the different technologies in the land and sea areas and the environmental sensitivity of those areas;
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point b
Article 15b – paragraph 2 – point b
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point c
Article 15b – paragraph 2 – point c
(c) the availability of relevant grid infrastructure, storage and other flexibility tools or the potential to create suchor upgrade such necessary grid infrastructure and storage.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point c a (new)
Article 15b – paragraph 2 – point c a (new)
(c a) the potential of involving renewable self-consumers and renewable energy communities;
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point c b (new)
Article 15b – paragraph 2 – point c b (new)
(c b) the involvement of relevant local authorities, as well as all relevant stakeholders, especially where pre- existing economic activities are affected;
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2–– point cc (new)
Article 15b – paragraph 2–– point cc (new)
(c c) the common needs of local communities, including households affected by energy poverty and vulnerability;
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point c d (new)
Article 15b – paragraph 2 – point c d (new)
(c d) the expected industrial development and employment associated with renewable projects in affected local communities;
Amendment 141 #
(c e) the potential for deployment of RES projects on expected new artificial structures, with the exclusion of artificial water surfaces, the primary aim of which is not energy production, such as parking areas, roads, railways and industrial areas;
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 3
Article 15b – paragraph 3
(3) Member States shall favour multiple uses of the areas identified as a result of the obligation in paragraph 1, provided that the installation of plants for the production of energy from renewable sources is compatible with pre-existing uses and the preservation of the biodiversity.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 3 a (new)
Article 15b – paragraph 3 a (new)
(3 a) Member States shall periodically review and update the areas referred to in paragraph 1, at least in the context of the update of the national climate and energy plans.
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 3 b (new)
Article 15b – paragraph 3 b (new)
(3 b) The integrated mapping and planning shall be made public and available.
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 3 c (new)
Article 15b – paragraph 3 c (new)
(3 c) Member States shall encourage and support local and regional authorities to develop and implement trajectories or targets for renewable energy produced by cities, renewables self-consumers and renewable energy communities.
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2018/2001
Article 15c – paragraph 3
Article 15c – paragraph 3
(3) The plan or plans designating renewables go-to areas 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 ensuring synergies with Directive 2014/89/EU.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2018/2001
Article 15ca (new)
Article 15ca (new)
(5 a) The following article is inserted: "Article 15ca (new) Public Participation 1.Member States shall ensure that the preparation of the plans identifying the land and sea areas necessary for the installation of plants for the production of energy from renewable sources and those designating renewables areas, referred to in Articles 15a, 15b and 15c is open, inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. 2. Member States shall identify the public affected or likely to be affected by, or having an interest in the plans, including natural or legal persons or their associations, organisations or groups, taking into account the objectives of this Directive and the potential impacts from its implementation on areas covered by other EU instruments.Member States shall ensure that the public referred to in the previous paragraph is informed electronically and by public notices or by other appropriate means."
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) The permit-granting process shall cover all relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources, co-located energy storage facilities, as well as assets necessary for their connection to the grid, and the assets necessary for the development of the electricity networks required to integrate RES into the system, including grid connection permits and environmental assessments where these are required. The permit-granting process shall comprise all procedures from the 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.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 2
Article 16 – paragraph 2
(2) No later than fourteen days for plants located in go-to areas and one month for plants located outside of go-to areas, following the receipt of the application, the competent authority shall validate the application or, if the developer has not sent all the information required to process an application, request the developer to submit a complete application within fourteen days from this request. If the developer does not submit a complete application within this deadline, the competent authority may reject the application in written form. In the event of a rejection, the competent authority shall justify its decision. The developer may resubmit a new application at any point in time following such rejection. The date of the acknowledgement of the validity of the application by the competent authority shall serve as the start of the permit- granting process. All applications deemed to be valid shall be made available to the public.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The contact point shall guide the applicant through the administrative permit application process, including the environmental related steps, in a transparent manner up to the delivery of one or several decisions by the responsible authorities at the end of the process, provide the applicant with all necessary information and involve, where appropriate, other administrative authorities. The contact point shall provide the public with information regarding their opportunities, and technical and practical aspects of installing renewables for self-consumption and in the context of renewable energy communities, as required by Article 18(6) of this Directive. The contact point shall ensure fulfilment of the deadlines for the permit- granting procedures set out in this Directive. Applicants shall be allowed to submit relevant documents in digital form. By [2 years from entry into force] Member States shall ensure that all procedures are carried out in electronic format. Member States shall put in place a publicly available single Geographic Information System with all the information about the permitting process.
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 7
Article 16 – paragraph 7
(7) Member States shall ensure that administrative and judicial appeals in the context of a project for the development of renewable energy production plant or its related grid connection and the assets necessary for the development of the electricity networks required to integrate RES into the system, including those related to environmental aspects shall be subject to the most expeditious administrative and judicial procedure that is available at the relevant national, regional and local level.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 7 a (new)
Article 16 – paragraph 7 a (new)
(7 a) The Commission shall develop key performance indicators (KPIs) to assess the permitting granting process. The Commission shall assess Member States’ current permitting practices, average permitting procedure and human resources dedicated to align them with this Directive and with Commission’s guidelines on permitting.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 7 b (new)
Article 16 – paragraph 7 b (new)
(7 b) The Commission’s assessment shall be made public. In the absence of progress, the Commission may propose corrective measures to support Member States in their implementation by assisting them in reforming and streamlining their permitting procedures.
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 2
Article 16a – paragraph 2
(2) The permit-granting process for the repowering of plants and for new installations with an electrical capacity of less than 150 kW, co-located energy storage facilities as well as their grid connection and the assets necessary for the development of the electricity networks required to integrate RES into the system, located in renewables go-to areas shall not exceed six months. Where duly justified on the ground of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering project impacts substantially on the grid or the original capacity, size or performance of the installation, that one yearsix months period may be extended by up to three months. Member States shall clearly inform the project developer about the extraordinary circumstances that justify the extension.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 6
Article 16a – paragraph 6
(6) In the permit-granting process of the applications referred to in paragraphs 1 and 2, in case of the lack of reply of the relevant administrative bodies within the established deadline shall result inMember States may consider the specific administrative steps to be considered as approved, except in those cases where the specific project is subject to an environmental impact assessment in accordance with paragraph 5. All resulting decisions will be publicly available.
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2018/2001
Article 16b – paragraph 2 – subparagraph 1
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 and the assets necessary for the development of the electricity networks required to integrate RES into the system, 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.
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2018/2001
Article 16c – paragraph 1
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. For solar installations below 50 kW, Member States shall allow a simple-notification procedure as set out in Article 17 of Directive (EU) 2018/2001. By derogation from Article 4(2) of Directive 2011/92/EU and Annex II, points 3(a) and (b), alone or in conjunction with point 13(a) to that Directive, such installation 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.
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2018/2001
Article 16c a (new)
Article 16c a (new)
(9 a) The following article is inserted:"Article 16c a (new) Accelerated deployment of renewable energy equipment in artificial structures 1. Member States shall ensure that the permit-granting process referred to in Article 16(1) for the installation of renewable energy equipment of less than 150 kW in existing or future artificial structures, with the exclusion of artificial water surfaces, shall not exceed six months, provided that the primary aim of such structures is not energy production."
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2018/2001
Article 16d
Article 16d
By [three months from entry into force], until climate neutrality is achieved2027, 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. After that date, and until climate neutrality is achieved, Member States may apply the same principle.