69 Amendments of Martin HOJSÍK related to 2022/0160(COD)
Amendment 14 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects, differentiating between technologies, and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. In the designation of renewables go-to areas, Member States should avoid protected areas to the extent possible and consider restoration plans. Member States may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area. Or. en (Recital 9 (EU) 2018/2001, 2010/31, 2012/27)
Amendment 16 #
Proposal for a directive
Recital 11
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. Or. en (Recital 11 (EU) 2018/2001, 2010/31, 2012/27)
Amendment 20 #
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters23 (‘the Aarhus Convention’)¨ regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain applicable, where relevant. __________________ 23 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1). Or. en (Recital 12, (EU) 2018/2001, 2010/31, 2012/27)
Amendment 24 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council18 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan19 , the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target20 . In this context, the Commission proposed in July 2021, as part of the package delivering on the European Green Deal, to double the share of renewable energy in the energy mix in 2030 compared to 2020, to reach at least 40%. The REPowerEU Communication21 outlined a plan to make the EU independent from Russian fossil fuels well before the end of this decade. Dependencies on oil and natural gas should be phased out through an encompassing green transition in line with the European Green Deal. The Communication foresees front-loading of wind and solar energy, increasing the average deployment rate as well as additional renewable energy capacity by 2030 to accommodate for higher domestic production of renewable hydrogen. It also invited the co-legislators to consider a higher or earlier target for renewable energy. In this context, it is appropriate to increase the Union renewable energy target up to 45% in order to significantly accelerate the current pace of deployment of renewable energy, thereby speeding up the phase-out of EU’s dependence by increasing the availability of affordable, secure and, sustainable and locally produced energy in the Union. _________________ 18 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 19 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people. 20 Point 3 of the Communication from the Commission COM(2020) 562 21 REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM(2022) 108 final (“REPower EU Communication”).
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 37 #
Proposal for a directive
Recital 8
Recital 8
(8) A faster roll-out of renewable energy projects cshould 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. When available, the mapping of areas should also take into account the trajectory towards climate neutrality to be achieved by 2050. 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 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 45 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects, differentiating between technologies, and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact. In the designation of renewables go-to areas, Member States should avoid protected areas to the extent possible and consider restoration plans. Member States may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area.
Amendment 50 #
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters23 (‘the Aarhus Convention’)¨ regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain applicable, where relevant. _________________ 23 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 9a
Article 2 – paragraph 2 – point 9a
(9a) ’renewables go-to area’ means a specific location, whether on land or sea, which has been designated by a Member State as particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants. or small hydropower plants. Or. en (Directive 2018/2001, Article 2)
Amendment 57 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of renewables go- to and complementary renewable 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 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) and appropriate assessment. These projects should also benefit from clearly delimited deadlines and legal certainty.
Amendment 61 #
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 62 #
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 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 78 #
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 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 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 9a
Article 2 – paragraph 2 – point 9a
(9a) ’renewables go-to area’ means a specific location, whether on land or sea, where the installation of a type of renewable energy can be expected to have a low detrimental impact on ecosystems and which has been designated by a Member State as particularly suitable for the installation of plants for the production of energy in terms of the potential for energy production from renewable sources, other than biomass combustion plants and small hydropower plants.
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 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
article 15b paragraph 2
article 15b paragraph 2
(a) the availability of the renewable energy resources and the potential for renewable energy production of the different technologies in the land, subsurface and sea areas;
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 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (Eu) 2018/2001
Article 15b – paragraph 2 – point c
Article 15b – paragraph 2 – point c
(c) the availability of relevant renewable heating network and grid infrastructure, storage and other flexibility tools or the potential to create such grid infrastructure and storage.
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 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive (UE) 2018/2001
Article 1 – paragraph 1 – point 4 Directive (UE) 2018/2001
(c a) The result of local public debates. Each Member States shall ensure that the public opinion is fully taken into account in the identification of the areas.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 – point c a (new)
Article 15b – paragraph 2 – point c a (new)
(c a) the potential of involving citizens actively in the energy system as renewable self-consumers, collective self-consumers or renewable energy communities;
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 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3a (new)
Article 15b – paragraph 3a (new)
(3 a) When identifying land, subsurface and sea areas necessary for the installation of plants for the production of energy from renewable sources, Member States shall deploy a mechanism supporting the necessary renewable heating network and power grid development in order to provide a fully integrated energy system.
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 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3 a (new)
Article 15b – paragraph 3 a (new)
(3 a) When identifying areas referred to in paragraph 1, Member States shall identify the spatial planning policies and legal frameworks which negatively affect the fulfilment of the obligations set out in this Directive.
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15 b – paragraph 3b (new)
Article 15 b – paragraph 3b (new)
(3 b) Before its adoption, the plan or plans identifying the land and sea areas necessary for the installation of plants for the production of energy from renewable sources shall be subject to an environmental assessment carried out in accordace with Directive 2001/42/EC.
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 169 #
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 where the deployment of a specific type or types of renewable energy is not expected to have significantlow environmental impacts, in view of the particularities of the selected territory 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 RES target as set in 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 171 #
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 infrastructure, 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 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 177 #
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 infrastructursecondly 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 180 #
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 182 #
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 previmplement the situobligations 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 isThe effectiveness of such measures shall be closely monitored and appropriate steps arshall be taken immediately if they do not prove to be effective. .
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 187 #
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 188 #
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 190 #
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 2
Article 16b – paragraph 2 – subparagraph 2
Amendment 190 #
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)
(2 a) 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 191 #
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 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 194 #
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 areas shall be made public, and continually updated to record new capacity in electronic format, 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.
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 197 #
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)
(3 a) 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 201 #
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 gridrenewable heat networks, renewable district heating, heating systems and the grid and those necessary for the development of the electric transmission grid required to integrate the renewable energy plant in 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 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
(1 a) Member States shall ensure financing, training, upskilling, and reskilling of competent authorities at national, regional, and local level to ensure quality and sufficient number of stuff granting permits, including those involved in the environmental assessment, that will correspond with the implementation of the overall renewable energy needs and obligations established under this Directive, and with the planned installed renewable energy generation capacity as foreseen in their National Energy and Climate Plans updated pursuant to Article 14 of Regulation (EU) 2018/1999.The skills development shall encompass all relevant parts of the project development and authorisation. Member States shall ensure that competent local and regional authorities are involved in the process of the identification of areas referred to in Article 15 b and offer technical, human and financial support to enable those authorities to take part in the process.
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.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (UE) 2018/2001
Article 16 – paragraph 2a (new)
Article 16 – paragraph 2a (new)
(2 a) Member States shall support regional and local authorities including technical and financial support in order to facilitate the permit-granting process. Furthermore, Member States shall ensure that the financing of qualified staff, upskilling and reskilling of their competent authorities at national, regional and local level is duly proportionate with the implementation of the overall renewable energy needs established under Article 15b of this Directive.
Amendment 247 #
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 254 #
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 259 #
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 266 #
(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 272 #
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 278 #
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 2
Article 16b – paragraph 2 – subparagraph 2
Amendment 284 #
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 298 #
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.
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive (EU) 2018/2001
Article 16da (new)
Article 16da (new)