Article 1, Point (7) · Directive (EU) 2023/2413

Contents

(7)Article 16 is replaced by the following:‘Article 16Organisation and main principles of the permit-granting procedure1.The permit-granting procedure shall cover all relevant administrative permits to build, repower and operate renewable energy plants, including those combining different renewable energy sources, heat pumps, and co-located energy storage, including power and thermal facilities, as well as assets necessary for the connection of such plants, heat pumps and storage to the grid, and to integrate renewable energy into heating and cooling networks, including grid-connection permits and, where required, environmental assessments. The permit-granting procedure shall comprise all administrative stages from the acknowledgment of the completeness of the permit application in accordance with paragraph 2 to the notification of the final decision on the outcome of the permit-granting procedure by the relevant competent authority or authorities.2.Within 30 days, for renewable energy plants located in renewables acceleration areas, and within 45 days, for renewable energy plants located outside renewables acceleration areas, of receipt of an application for a permit, the competent authority shall acknowledge the completeness of the application or, if the applicant has not sent all the information required to process the application, request that the applicant submit a complete application without undue delay. The date of acknowledgement of the completeness of the application by the competent authority shall serve as the start of the permit-granting procedure.3.Member States shall set up or designate one or more contact points. Those contact points shall, upon the request of the applicant, guide and facilitate the applicant during the entire administrative permit-application and permit-granting procedure. The applicant shall not be required to contact more than one contact point during the entire procedure. The contact point shall guide the applicant through the administrative permit-application procedure, including the steps relating to the protection of the environment, in a transparent manner up to the delivery of one or more decisions by the competent authorities at the end of the permit-granting procedure, provide the applicant with all necessary information and, where appropriate, involve, other administrative authorities. The contact point shall ensure that the deadlines for the permit-granting procedures set out in this Directive are met. Applicants shall be allowed to submit relevant documents in digital form. By 21 November 2025 Member States shall ensure that all permit-granting procedures are carried out in electronic form.4.The contact point shall make available a manual of procedures for developers of renewable energy plants and shall provide that information online, addressing distinctly also small-scale renewable energy projects, renewables self-consumers projects and renewable energy communities. The online information shall indicate the contact point relevant to the application in question. If a Member State has more than one contact point, the online information shall indicate the contact point relevant to the application in question.5.Member States shall ensure that applicants and the general public have easy access to simple procedures for the settlement of disputes concerning the permit-granting procedure and the issuance of permits to build and operate renewable energy plants, including, where applicable, alternative dispute resolution mechanisms.6.Member States shall ensure that administrative and judicial appeals in the context of a project for the development of a renewable energy plant, the connection of that plant to the grid, and the assets necessary for the development of the energy infrastructure networks required to integrate energy from renewable sources into the energy system, including appeals related to environmental aspects, are subject to the most expeditious administrative and judicial procedure that is available at the relevant national, regional and local level.7.Member States shall provide adequate resources to ensure qualified staff, upskilling and reskilling of their competent authorities in line with the planned installed renewable energy generation capacity provided for in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Member States shall assist regional and local authorities in order to facilitate the permit-granting procedure.8.Except when it coincides with other administrative stages of the permit-granting procedure, the duration of the permit-granting procedure shall not include:

(a)the time during which the renewable energy plants, their grid connections and, with a view to ensuring grid stability, grid reliability and grid safety, the related necessary grid infrastructure, are being built or repowered;

(a)heat pumps of up to 12 kW electrical capacity; and

(b)the time for the administrative stages necessary for significant upgrades of the grid required to ensuring grid stability, grid reliability and grid safety;

(b)heat pumps of up to 50 kW electrical capacity installed by renewables self-consumers, provided that the electrical capacity of a renewables self-consumer’s renewable electricity generation installation amounts to at least 60 % of the electrical capacity of the heat pump.

(c)the time for any judicial appeals and remedies, other proceedings before a court or tribunal, and alternative dispute resolution mechanisms, including complaint procedures and non-judicial appeals and remedies.

9.Decisions resulting from the permit-granting procedures shall be made publicly available in accordance with the applicable law.Article 16aPermit-granting procedure in renewables acceleration areas1.Member States shall ensure that the permit-granting procedure referred to in Article 16(1) shall not exceed 12 months for renewable energy projects in renewables acceleration areas. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed two years. Where duly justified on the ground of extraordinary circumstances, Member States may extend either of those periods by up to six months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension.2.The permit-granting procedure for the repowering of renewable energy power plants, for new installations with an electrical capacity of less than 150 kW, for co-located energy storage, including power and thermal facilities, as well as for their grid connection, where located in renewables acceleration areas, shall not exceed six months. However, in the case of offshore wind energy projects, the permit-granting procedure shall not exceed 12 months. Where duly justified on the ground of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering project has a substantial impact on the grid or on the original capacity, size or performance of the installation, Member States may extend the six-month period by up to three months and the 12-month period for offshore wind energy projects by up to six months. Member States shall inform the project developer clearly about the extraordinary circumstances that justify such an extension.3.Without prejudice to paragraphs 4 and 5 of this Article, by way of derogation from Article 4(2) of and Annex II, points 3(a), (b), (d), (h), (i), and 6(c), alone or in conjunction with point 13(a), to Directive 2011/92/EU, with regard to renewable energy projects, new applications for renewable energy plants, including plants combining different types of renewable energy technology and the repowering of renewable energy power plants in designated renewables acceleration areas for the relevant technology and co-located energy storage, as well as the connection of such plants and storage to the grid, shall be exempt from the requirement to carry out a dedicated environmental impact assessment pursuant to Article 2(1) of Directive 2011/92/EU, provided that those projects comply with Article 15c(1), point (b), of this Directive. That derogation shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State that is likely to be significantly affected so requests, pursuant to Article 7 of Directive 2011/92/EU.By way of derogation from Article 6(3) of Directive 92/43/EEC, the renewable energy plants referred to in the first subparagraph of this paragraph, shall not be subject to an assessment of their implications for Natura 2000 sites provided that those renewable energy projects comply with the rules and measures established in accordance with Article 15c(1), point (b), of this Directive.4.The competent authorities shall carry out a screening process of the applications referred to in paragraph 3 of this Article. Such a screening process shall aim to identify if any of the renewable energy projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, which were not identified during the environmental assessment of the plans designating renewables acceleration areas referred to in Article 15c(1), first subparagraph, of this Directive carried out pursuant to Directive 2001/42/EC and, where relevant, to Directive 92/43/EEC. Such a screening process shall also aim to identify if any of such renewable energy projects falls within the scope of Article 7 of Directive 2011/92/EU due to its likelihood of significant effects on the environment in another Member State or due to the request of a Member State which is likely to be significantly affected.For the purpose of such a screening process, the project developer shall provide information on the characteristics of the renewable energy project, on its compliance with the rules and measures identified pursuant to Article 15c(1), point (b), for the specific renewables acceleration area, on any additional measures adopted by the project developer, and on how those measures address environmental impact. The competent authority may request the project developer to provide additional available information. The screening process relating to applications for new renewable energy plants shall be finalised within 45 days from the date of submission of sufficient information necessary for that purpose. However, in the case of applications for installations with an electrical capacity of less than 150 kW and new applications for the repowering of renewable energy power plants, the screening process shall be finalised within 30 days.5.Following the screening process, the applications referred to in paragraph 3 of this Article shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, setting out due reasons on the basis of clear evidence, to the effect that a specific project is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical area where the project is located that cannot be mitigated by the measures identified in the plans designating acceleration areas or proposed by the project developer. Such decisions shall be made publicly available. Such renewable energy projects shall be subject to an environmental impact assessment pursuant to Directive 2011/92/EU and, if applicable, to an assessment pursuant to Directive 92/43/EEC, which shall be carried out within six months of the administrative decision identifying a high likelihood of significant unforeseen adverse effects. Where duly justified on the grounds of extraordinary circumstances, that six-month period may be extended by up to six months.In the event of justified circumstances, including where needed to accelerate the deployment of renewable energy to achieve the climate and renewable energy targets, Member States may exempt wind and solar photovoltaic projects from such assessments.Where Member States exempt wind and solar photovoltaics projects from those assessments, the operator shall adopt proportionate mitigation measures or, where such mitigation measures are not available, compensatory measures, which, if other proportionate compensatory measures are not available, may take the form of monetary compensation, in order to address any adverse effects. Where those adverse effects have an impact on species protection, the operator shall pay a monetary compensation for species protection programmes for the duration of the operation of the renewable energy plant in order to ensure or improve the conservation status of the species affected.6.In the permit-granting procedure referred to in paragraphs 1 and 2, Member States shall ensure that the lack of reply by the relevant competent authorities within the established deadline results in the specific intermediary administrative steps to be considered as approved, except where the specific renewable energy project is subject to an environmental impact assessment pursuant to paragraph 5 or where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned. This paragraph shall not apply to final decisions on the outcome of the permit-granting procedure, which shall be explicit. All decisions shall be made publicly available.Article 16bPermit-granting procedure outside renewables acceleration areas1.Member States shall ensure that the permit-granting procedure referred to in Article 16(1) shall not exceed two years for renewable energy projects located outside renewables acceleration areas. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed three years. Where duly justified on the grounds of extraordinary circumstances, including where they require extended periods needed for assessments under applicable Union environmental law, Member States may extend either of those periods by up to six months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension.2.Where an environmental assessment is required pursuant to Directive 2011/92/EU or 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given renewable energy project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the project developer, shall issue an opinion on the scope and level of detail of the information to be included by the project developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where a renewable energy project has adopted necessary 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 to be deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Directives 92/43/EEC and 2009/147/EC, 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 mitigation measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective.The permit-granting procedure for the repowering of renewable energy power plants, for new installations with an electrical capacity of less than 150 kW and for co-located energy storage, as well as for the connection of such plants, installations and storage to the grid, located outside renewables acceleration areas shall not exceed 12 months, including with regard to environmental assessments where required by the relevant law. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed two years. Where duly justified on the ground of extraordinary circumstances, Member States may extend either of those periods by up to three months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension.Article 16cAccelerating the permit-granting procedure for repowering1.Where repowering of a renewable energy power plant does not result in an increase of the capacity of a renewable energy power plant beyond 15 %, and without prejudice to any assessment of potential environmental impact required pursuant to paragraph 2, Member States shall ensure that permit granting procedures for connections to the transmission or distribution grid shall not exceed three months following application to the relevant entity unless there are justified safety concerns or there is technical incompatibility of the system components.2.Where the repowering of a renewable energy power plant is subject to the screening process provided for in Article 16a(4), to a determination whether the project requires an environmental impact assessment or to an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU, such a screening process, determination or environmental impact assessment shall be limited to the potential impact arising from a change or extension compared to the original project.3.Where the repowering of solar installations does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original solar installation, the project shall be exempt from any applicable requirements to carry out a screening process as provided for in Article 16a(4), to determine whether the project requires an environmental impact assessment, or to carry out an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU.Article 16dPermit-granting procedure for the installation of solar energy equipment1.Member States shall ensure that the permit-granting procedure referred to in Article 16(1) for the installation of solar energy equipment and co-located energy storage, 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 artificial structures is not solar energy production or energy storage. By way of derogation from Article 4(2) of and Annex II, points 3(a) and (b), alone or in conjunction with point 13(a), to Directive 2011/92/EU, such installation of solar equipment shall be exempt from the requirement, if applicable, to carry out a dedicated environmental impact assessment pursuant to Article 2(1) of that Directive.Member States may exclude certain areas or structures from the application of the first subparagraph for the purpose of protecting cultural or historical heritage, national defence interests, or safety reasons.2.Member States shall ensure that the permit-granting procedure for the installation of solar energy equipment with a capacity of 100 kW or less, including for renewables self-consumers and renewable energy communities, shall not exceed one month. The lack of reply by the competent authorities or entities within the established deadline following the submission of a complete application shall result in the permit being considered as granted, provided that the capacity of the solar energy equipment does not exceed the existing capacity of the connection to the distribution grid.Where the application of the capacity threshold referred to in the first subparagraph leads to a significant administrative burden or to constraints to the operation of the electricity grid, Member States may apply a lower capacity threshold provided that it remains above 10,8 kW.Article 16ePermit-granting procedure for the installation of heat pumps1.Member States shall ensure that the permit-granting procedure for the installation of heat pumps below 50 MW shall not exceed one month. However, in the case of ground source heat pumps, the permit-granting procedure shall not exceed three months.2.Unless there are justified safety concerns, unless further works are needed for grid connections or unless there is technical incompatibility of the system components, Member States shall ensure that connections to the transmission or distribution grid shall be permitted within two weeks of the notification to the relevant entity for:3.Member States may exclude certain areas or structures from the application of paragraphs 1 and 2 for the purpose of protecting cultural or historical heritage, national defence interests, or safety reasons.4.All decisions resulting from the permit-granting procedure referred to in paragraphs 1 and 2 shall be made publicly available in accordance with the applicable law.Article 16fOverriding public interestBy 21 February 2024, until climate neutrality is achieved, Member States shall ensure that, in the permit-granting procedure, the planning, construction and operation of renewable energy plants, the connection of such plants to the grid, 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 individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application of this Article to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics in accordance with the priorities set out in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Member States shall inform the Commission of such restrictions, together with the reasons therefor.’;