Kommisjonsrekommandasjon (EU) 2024/1343 av 13. mai 2024 om å fremskynde tillatelsesprosedyrene for fornybar energi og relaterte infrastrukturprosjekter
Fornybar energi: raskere og enklere tillatelsesprosedyrer
Kommisjonsrekommandasjon publisert i EU-tidende 21.5.2024
Tidligere
- Forslag til rekommandasjon lagt fram av Kommisjonen 13.5.2024 med pressemelding.
Nærmere omtale
BAKGRUNN (fra kommisjonsrekommandasjonen)
(1) Renewable energy is at the heart of the clean energy transition necessary to achieve the objectives of the European Green Deal (1), to make energy affordable and to decrease the Union’s dependence on fossil fuels and energy imports. It is also a source of growth and jobs and contributes to the Union’s technological and industrial leadership, reinforcing EU strategic autonomy, and making the Union’s economy more resilient. The accelerated deployment of renewables will make the Union less reliant on – primarily imported – fossil fuels.
(2) Rapidly increasing the share of renewable energy is also crucial for addressing the problem of high and volatile energy prices. The decreased fixed costs and close-to-zero variable costs of renewable energy mean that renewable electricity costs have been more stable and lower than fossil fuel costs.
(3) During the energy crisis, the accelerated rollout of renewables has proven its ability to reduce risks for the Union’s security of supply, especially for gas and electricity and has contributed to reducing energy prices for Union citizens and businesses. As regards developments on security of supply in the Union, there has been an overall improvement since 2022. However, significant risks still remain and further acceleration of the deployment of renewable energy is required for the Union to meet the objectives of the REPowerEU plan (2).
(4) The construction and operation of renewable energy projects is normally subject to administrative authorisations and permits in all Member States. Permit-granting procedures help to ensure that such projects are sustainable, safe and secure. However, the complexity, variety and often excessive duration of those procedures constitutes a major barrier to the swift and necessary deployment of renewable energy and to achieving a more affordable, secure and sustainable Union energy system.
(5) Delays in processing project authorisations put at risk the timely reaching of energy and climate targets and increase the cost of the projects necessary to do so. Delays could also lead to the installation of less efficient renewable energy installations by hindering dynamic innovation.
(6) Building on the experience gained through the application of Directive 2001/77/EC of the European Parliament and of the Council (3) and Directive 2009/28/EC of the European Parliament and of the Council (4), Directive (EU) 2018/2001 of the European Parliament and of the Council (5) addressed those problems by introducing enhanced requirements for the organisation of permit-granting procedures for renewable energy developers. Directive (EU) 2023/2413 of the European Parliament and of the Council (6), which amended Directive (EU) 2018/2001, further strengthened those requirements. The full and rapid transposition of Directive (EU) 2023/2413 by all Member States will significantly help to shorten administrative procedures and is a matter of the highest priority and urgency. In addition to the structural changes introduced by Directive (EU) 2023/2413, Council Regulation (EU) 2022/2577 (7) introduced additional temporary, urgent and targeted measures addressed to specific technologies and types of projects. The application of some of those measures has been temporarily extended by Council Regulation (EU) 2024/223 (8), which also introduced new measures. Available data signals that several Member States have experienced double-digit increases in the volume of permits issued for onshore wind since the entry into force of Regulation (EU) 2022/2577 as well as a strong increase in solar energy deployment (9).
(7) The Commission supports the Member States through different fora where good practices to accelerate permit-granting procedures for renewable energy and related infrastructure projects are exchanged (10), as well as through the Technical Support Instrument established by Regulation (EU) 2021/240 of the European Parliament and of the Council (11), providing tailor-made technical expertise to design and implement reforms, including those streamlining the framework for permit-granting processes for renewable energy projects. The technical support provided under the 2023 Flagship on Accelerating permitting for renewable energy projects (12), for example, involves strengthening of administrative capacity, harmonising the legislative frameworks, and sharing of relevant best practices.
(8) While there is broad public support for an increased deployment of renewable energy, individual projects may lack public acceptance which may hamper their implementation. To address this, the needs and perspectives of citizens, local authorities and societal stakeholders should be taken into account at all stages of renewable energy projects from policy development to spatial planning and project development, deployment and operation. Similarly, good practices for ensuring a just distribution of the various impacts and benefits of installations among the local population should be encouraged, in line with the Council Recommendation on ensuring a fair transition towards climate neutrality (13).
(9) Most of the barriers related to permit-granting for renewable energy projects and the related infrastructure, as well as good practices to overcome them, have been identified at Member State level.
(10) This Recommendation addresses those concerns, calling for solutions to be found within the existing legal framework. It is without prejudice to Union law, in particular in the area of energy and environment, and in the area of access to information, public participation in decision-making and access to justice in environmental matters, for which the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’) applies
(11) As it is urgent to accelerate the deployment of renewable energy projects, Member States should start as soon as possible to identify suitable land and sea areas and to prepare plans for particularly suitable areas (‘renewables acceleration areas’), in accordance with Articles 15b and 15c of Directive (EU) 2018/2001. Dedicated guidance on the designation of renewables acceleration areas has been published alongside this Recommendation, in Commission Staff Working Document SWD(2024) 333.
(12) Maritime Spatial Planning is a key tool for identifying future areas for the deployment of renewable energy as well as facilitating multiple uses of the maritime space, including conservation and protection of the marine environment. Member States were required by Directive 2014/89/EU of the European Parliament and of the Council (14) to have their national maritime spatial plans adopted by 31 March 2021. The Commission encourages all Member States that have set national targets for offshore wind in their national energy and climate plan to identify and allocate at early stage the necessary maritime space and integrate it in their maritime spatial plan.
(13) Barriers resulting from permit-granting procedures might also affect the future deployment of innovative decarbonisation technologies needed for climate neutrality. Setting up regulatory sandboxes, that is to say the testing, in a real-life environment, of innovative technologies, products, services or approaches, which are not fully compliant with the existing legal and regulatory framework, could support innovation and facilitate the subsequent adaptation of the regulatory environment to accommodate them. Furthermore, ensuring sufficient and adequate staffing of local and regional authorities involved in environmental assessments and permit-granting procedures and addressing labour and skill shortages (15) are essential enabling conditions for speeding up the project development and deployment of renewable energy.
(14) Along with this Recommendation, the Commission is making available digitally consolidated datasets on a wide range of relevant energy and environmental factors through the Energy and Industry Geography Lab (16) (EIGL), to help Member States identify renewables acceleration areas for the rapid deployment of new renewable energy projects.
(15) To address the need for the accelerated development of the necessary grids to integrate renewable energy into the electricity system and, thus, avoiding further delays in its deployment, the Commission has presented on 28 November 2023 an Action Plan (17) to make sure that electricity grids will operate more efficiently and will be rolled out further and faster in the Union.
(16) Several actions of this plan focus on accelerating the implementation of grids through faster permit-granting, long-term planning and predictability, and enhancing stakeholder engagement, complementing the provisions regarding the acceleration of renewable energy.
(17) Regulation (EU) 2022/869 of the European Parliament and of the Council (18) establishes that projects of common interest and projects of mutual interest shall be granted the status of the highest national significance possible, where such a status exists in national law, and be appropriately treated in the permit-granting processes. All dispute resolution procedures, litigation, appeals and judicial remedies related to projects on the Union list in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, to the extent possible under national law.
(18) This Recommendation replaces the Recommendation of 18 May 2022 (19) on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements,