25 Amendments of Michal WIEZIK related to 2022/0160(COD)
Amendment 25 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of renewables go- to areas and complementary renewable areas should allow renewable energy plants, their heat network and 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 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 and appropriate 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 28 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) If the site concerned by a project has been included, pursuant to Article 4(2) of Directive 92/43/EEC, in the list adopted by the Commission of sites chosen as SCIs, the site is an integral part of the Natura 2000 framework. The area of the site therefore does not constitute areas referred to in Article 15c, except for the built and artificial surfaces located in that area.
Amendment 29 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15 b) Member States have agreed to the development of a coherent European Natura 2000 network by proposing to the Commission adequate Sites of Community Importance and the Special Areas of Protection designated under Directive 2009/147/EC. Member States should ensure that sites which ought to be on their national list on the basis of the scientific criteria laid down in that Directive are excluded from designation as go-to or complementary renewable areas.
Amendment 30 #
Proposal for a directive
Recital 16
Recital 16
(16) In view of the need to accelerate the deployment of renewable energy sources, the identification of renewables go-to areas should not prevent the ongoing and future installation of renewable energy projects in all areas available for renewable energy deployment. Such projects should remain subject to the obligation to carry out a dedicated environmental impact assessment in accordance with Directive 2001/92/EU and should be subject to the procedures foreseen for renewable energy projects located outside go-to areas. To speed up permitting at the scale necessary for the achievement of the renewable energy target set out in Directive (EU) 2018/2001, also the procedures applicable to projects outside of go-to areas should be simplified and streamlined with the introduction of clear maximum deadlines for all steps of the procedure, including dedicated environmental assessments per project.
Amendment 42 #
Proposal for a directive
Recital 22
Recital 22
(22) Renewable energy sources are crucial to fight climate change, reduce energy prices, decrease the Union’s dependence on fossil fuels and ensure the Union’s security of supply. For the purposes of the relevant Union environmental legislation, in the necessary case-by-case assessments to ascertain whether a plant for the production of energy from renewable sources, its connection to the grid, the related grid itself or storage assets is of overriding public interest in a particular case, Member States should presumecan consider these plants and their related infrastructure in go-to areas and complementary renewable areas being of overriding public interest and serving public health and safety, except where there is clear evidence that these projects have major adverse effects on the environment which cannot be mitigated or compensated. Considering such plants as being of overriding public interest and serving public health and safety would allow such projects to benefit from a simplified assessment.
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part
(a) Designate sufficiently homogeneous land and sea areas, including Earth´s crust, where the deployment of a specific type or types of renewable energy is not expected to have significantlow environmental impacts according to the sensitivity mapping under Article 15b(2a), in view of the particularities of the selected territory. The overall amount of land and sea areas designated as renewables areas shall match the space requirements identified to reach the 2030 and 2040 targets for renewable energy as set under Article 15b(1) of this Directive and included in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999 In doing so, Member States shall:
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
— give priority tofirst designate artificial and built surfaces and their subsurface for renewable energy except biomass combustion and new hydropower, such as rooftops, transport infrastructure areasnd areas along this infrastracture, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture;nd agri-photovoltaic systems in land used for agriculture, where the installation of this type of renewable energy can be expected to have low environmental impact; Member States shall designate these areas (‘renewable go-to areas’) within 9 months of the entry into force of this Directive.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2
— exclude Natura 2000 sites and nature parks and reserves, the identified bird migratory routes as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure. secondly designate areas for renewable energy, except biomass combustion plants and new hydropower plants, where the installation of this type of renewable energy can be expected to have low environmental impact and which are outside Natura 2000 network, ecological corridors, the identified bird, fish and marine mammal migratory routes, restoration areas in line with the [Nature Restoration Regulation], as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for 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 question are not spatially expanded and the plan as applicable is subject to the assessment pursuant the Article 6(3) of Directive 92/43/EEC. For these areas (´complementary renewable areas´), Member States shall designate them within 2 years of the entry into force of [the Nature Restoration Regulation] but no later than 3 years after the entry into force of this Directive.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 3
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 3
— use all appropriate tools and datasets to identify the areas where the renewable energy plants would not have a significantlow environmental impact, including wildlife sensitivity mapping., and fully taking into account the data available in the context of the development of a coherent Natura 2000 network sufficient both as regards habitat types and species under Directive 92/43/EEC as well as birds and sites under Directive 2009/147/EC;
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point b
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas and complementary areas, including on the 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 existing or new renewable heat networks or to 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 situimplement 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.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 2
Article 15c – paragraph 1 – subparagraph 2
Member States shall explain in the plan the assessment made to identify each designated go-to area and complementary area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2
Article 15c – paragraph 2
(2) Before its adoption, the plan or plans designating renewables go-to areas and complementary areas shall be subject to an environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC, and where applicable, if including artificial and built surfaces located iwhere they may have significant impact on Natura 2000 sites, likely to have significant impacts in those sites, 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.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2 a (new)
Article 15c – paragraph 2 a (new)
(2a) When identifying the areas referred to in Article 15b(1) at sea and when these are periodically reviewed at least in the context of determination of the intermediate Union climate target of 2040 and Union climate target for 2050, 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 when designating renewable energy sites.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
Article 15c – paragraph 3
(3) The plan or plans designating renewables go-to areasnd complementary areas identifying land and sea areas, including Earth´s crust, necessary for the installation of plants for the production of energy from one or more types of renewable sources other than biomass combustion and hydropower, 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.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3a (new)
Article 15c – paragraph 3a (new)
(3a) Member States shall set up appropriate risk mitigation measures related to constraints in land availability related to land speculation and report to the Commission as regards their effectiveness every 2 years.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 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 heat networks, renewable district heating systems and the grid, 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 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4
Article 16a – paragraph 4
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 1
Article 16a – paragraph 4 – subparagraph 1
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 2
Article 16a – paragraph 4 – subparagraph 2
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 5
Article 16a – paragraph 5
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a– parapraph 6
Article 16a– parapraph 6
(6) In the permit-granting process of the applications referred to in paragraphs 1 and 2, the lack of reply of the relevant administrative bodies within the established deadline shall result in 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 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 1
Article 16b – paragraph 2 – subparagraph 1
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 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. 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 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 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2018/2001
Article 16d – paragraph 1
Article 16d – paragraph 1
By [three months from entry into force], until climate neutrality is achieved, Member States shall ensure that, in the permit-granting processshare of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 45 %, the planning, construction and operation of plants for the production of energy from renewable sources, their connection to therenewable heat network or to 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 purposesother than biomass combustion plants and hydropower plants, in go-to areas and complementary areas may be considered of overriding public interest within a meaning 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.