BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) No 2022/869 establishes a framework for the identification, planning and implementation of projects of common interest ('PCIs') which are required to implement the 11 strategic geographical energy infrastructure priority corridors identified in the fields of electricity, offshore grids, hydrogen and electrolysers, and the three Union-wide energy infrastructure priority areas for smart electricity grids, smart gas grids and carbon dioxide transportation networks and a framework for the identification, planning and implementation of projects of mutual interest (PMIs) developed by the Union together with third countries in the fields of electricity, hydrogen and carbon dioxide transportation networks. 

(2) In line with Article 3(4) of Regulation (EU) No 2022/869, the Commission should adopt the delegated act establishing the first Union list pursuant to Regulation (EU) No 2022/869 by 30 November 2023. 

(3) The eligible projects proposed for the inclusion in the Union list were all assessed against the sustainability criterion mandatory for all project categories in line with Regulation (EU) No 2022/869. Only the projects that demonstrated significant contributions to sustainability were further assessed by the regional groups referred to in Article 3 of Regulation (EU) No 2022/869 who confirmed that they meet the criteria laid down in Article 4 of that Regulation. 

(4) The Commission has assessed the candidate projects in view of the requirements of Article 3(5). 

(5) The draft regional lists of PCIs/PMIs were agreed by the regional groups at technicallevel meetings. 

(6) Following the opinions of the Agency for the Cooperation of Energy Regulators ('ACER') on 21 September 2023 on the consistent application of the assessment criteria and the cost/benefit analysis across regions, the regional groups' decisionmaking bodies adopted the final regional lists on 25 October 2023. Pursuant to Article 3(3)-point (a) of Regulation (EU) No 2022/869, prior to the adoption of the regional lists, all proposed projects were approved by the Member States to whose territory the projects relate.

(7) The projects proposed for inclusion in the Union list were subject to a public consultation. Moreover, organisations representing relevant stakeholders, including representatives of third countries, producers, distribution system operators, suppliers, local populations and consumer and environmental protection organisations were invited to the technical discussions in the regional groups and consulted on the projects proposed for inclusion in the Union list. 

(8) PCIs should be listed per strategic trans-European energy infrastructure priorities in the order laid down in Annex I to Regulation (EU) No 2022/869. PMIs, which are not required to implement the energy infrastructure priority corridors and areas set out in Annex I of the TEN-E Regulation, should be listed separately as per the infrastructure category they belong to and the region where they are located. 

(9) PCIs/PMIs should be listed either as stand-alone PCIs/PMIs or as a part of a cluster of several PCIs and PMIs because they are interdependent or (potentially) competing. 

(10) In line with the derogation provided by Article 24 of Regulation (EU) No 2022/869 in the case of Cyprus and Malta regarding one interconnection for each of those Member States, the Commission has received the documentation required in line with paragraphs (1) and (2) of Article 24. The respective projects were presented during the technical regional group meetings and the relevant documentation, excluding business secrets, was published. One interconnection for Malta and one interconnection for Cyprus, necessary to interconnect those Member States to the trans-European gas network, should, therefore, maintain their status of projects of common interest. 

(11) The Union list contains projects at different stages of their development, including pre-feasibility, feasibility, permit-granting and construction. For PCIs/PMIs at an early development stage, studies may be needed to demonstrate technical and economic viability and compliance with Union legislation, including environmental legislation. In this context, potential negative impacts on the environment should be adequately identified, assessed and avoided or mitigated. Moreover, relevant climate adaptation measures as regards the development of the projects should be identified and taken into consideration. 

(12) The inclusion of projects on the Union list is without prejudice to the outcome of the relevant environmental assessment and permit procedure. 

(13) The first Union list of PCIs and PMIs should be adopted accordingly,