Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency
Date: 2022-05-18
Institutions: Directorate-General for Energy, European Commission
Subjects: EU energy policy, administrative formalities, building, energy consumption, energy efficiency, energy production, energy saving, renewable energy, renewable resources, thermal insulation

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   EUROPEAN COMMISSION  Brussels, 18.5.2022  COM(2022) 222 final 2022/0160 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  European  Green  Deal  put  energy  efficiency  and  renewable  energy  at  the  heart  of  the 
clean  energy  transition.  The  current  international  tensions  following  Russia’s  invasion  of 
Ukraine, the overall geopolitical context and the very high energy prices have exacerbated the 
need  to  accelerate  energy  efficiency  and  the  deployment  of  renewable  energy  in  the  Union 
with  the  objective  to  have  an  energy  system  that  is  more  independent  from  third  countries. 
Accelerating  the  green  transition  towards  renewable  energy  and  increased  enegy  efficiency 
will  reduce  emissions,  reduce  dependency  on  imported  fossil  fuels  and  provide  affordable 
energy prices to European citizens and businesses across all sectors of the economy.  

The Union energy efficiency and renewable energy targets should reflect the pressing need to 
accelerate energy efficiency and the deployment of renewable energy and should therefore be 
increased.  These  revised  targets  replace  the  modification  to  the  targets  proposed  in  the 
proposals to recast Directive 2012/27/EU on energy efficiency1 and to amend Directive (EU) 
2018/2011  on  the  promotion  of  the  use  of  energy  from  renewable  sources2,  adopted  on  14 
July 2021.  

In  addition,  considering  that  buildings  account  for  40%  of  energy  consumed  and  36%  of 
energy-related  direct  and  indirect  greenhouse  gas  emissions,  it  is  necessary  to  increase  the 
deployment  of  solar  installations  on  buildings.  This  is  one  of  the  fastest  ways  to  deploy 
renewable energy at a large scale, reduce the use of fossil fuels in buildings and accelerate the 
decarbonisation and electrification of their energy consumption. 

Furthermore, lengthy and complex  administrative procedures have been identified as one of 
the key obstacles for investments in renewables and related infrastructure. The interim report 
of  the  RES  Simplify  study,  prepared  for  the  Commission3  and  published  together  with  the 
present proposal, has revealed that administrative and grid issues make up about 46% of all 
identified barriers and this is expected to rise in the future. For some wide-spread renewable 
technologies, such as wind power and photovoltaics, administrative barriers are increasingly 
becoming more important  than other types  of barriers. With advancing energy transition,  as 
renewable technologies mature and the projects become less dependent on support schemes, 
administrative barriers become more prominent. 

The most common barriers related to the administrative process for renewable energy projects 
identified  in  the  RES  Simplify  study4  are  bureaucratic  burden,  non-transparent  processes,  a 
lack  of  legal  coherence  as  well  as  an  incomplete  and  vague  framework  and  guidelines  that 
lead to different interpretations of existing legislation by the competent authorities.  

Conflicting  public  goods  are  the  second  main  source  of  obstacles  for  the  deployment  of 
renewable  installations. This  is  particularly  the  case  for  wind  power,  geothermal  power  and 
hydropower  as  well  as  solar  photovoltaics.  The  most  prominent  among  them  concern 

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COM(2021)558 
COM(2021)557 
Technical support for RES policy development and implementation – Simplification of permission and 
administrative 
Simplify”). 
RES 
for 
https://data.europa.eu/doi/10.2833/239077 
The  RES  Simplify  study  identifies  and  ranks  the  different  types  of  administrative  barriers  faced  by 
renewable energy projects. RES Simplify interim report, pages 14-16.  

installations 

procedures 

(“RES 

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environmental protection (biodiversity and protection of endangered species and protection of 
water bodies), other land uses and military/ air defence issues.  

Further  obstacles  identified  in  the  study  relate  to  the  lack  of  support  from  policy  decision-
makers or protracted opposition from public or private institutions or the public itself.  

Finally,  problems  related  to  grid  connections  and  operation  procedures  have  also  been 
identified as severely affecting renewable energy deployment in a number of Member States.  

On  18  January  2022,  the  Commission  published  a  Call  for  Evidence  and  an  open  public 
consultation to gather stakeholder feedback on the permit-granting procedures and processes 
for renewable energy projects.5 This public consultation was carried out in the context of the 
preparation  of  the  Commission  Recommendation  on  permit-granting  procedures  and  Power 
Purchase Agreements (PPA), adopted on 18 May, alongside the present proposal. The results 
of  this  public  consultation  confirm  that  administrative  barriers  are  a  key  bottleneck  for  the 
acceleration of deployment of energy from renewable sources (see section 3 below for more 
details).  

As a result of these barriers, the lead time for renewable  energy projects can take up to  ten 
years.  A  precondition  for  the  acceleration  of  renewable  energy  projects  to  materialise  is 
therefore to simplify and shorten permitting, as set out in the REPower EU Communication6. 
The  proposal  aims  at  further  simplifying  and  shortening  the  administrative  permit-granting 
processes  applicable  to  renewable  energy  projects  in  a  coordinated  and  harmonised  manner 
across the EU. This is necessary to accelerate the deployment of renewable energy across the 
EU in order to ensure the achievement of the EU’s ambitious climate and energy targets for 
2030 and the objective of climate-neutrality by 2050.  

• 

Consistency with existing policy provisions in the policy area 

This proposal amends the existing Directive (EU) 2018/2001 on the promotion of the use of 
energy  from  renewable  sources.  It  builds  on  the  existing  framework  to  streamline 
administrative  procedures  for  renewable  energy  projects,  which  introduces,  among  other 
elements, a maximum duration of the permit-granting process applicable to renewable energy 
plants.  However,  in  the  context  of  the  current  geopolitical  situation  additional  measures  are 
needed  to  further  increase  the  supply  of  renewable  energy  in  the  Union.  In  particular, 
enhanced measures  to  accelerate permitting procedures for new renewable energy  plants, or 
for adaption of existing installations, are required.  

In  addition,  the  Union’s  renewable  energy  target  needs  to  be  more  ambitious.  In  Article 
1(2)(a)  of  the  proposal  to  amend  Directive  (EU)  2018/2001  adopted  on  14  July  20217,  this 
target was already raised from 32% to 40%. However,  given a radical change in the market 
conditions  for fossil fuels  used in  power, heating and transport since, including  as concerns 
increased prices and the need for the EU to phase-out its dependence on energy imports from 
Russia,  it  is  necessary  to  raise  the  2030  target  for  renewables  to  45%  so  that  they  better 
contribute to this objective as well as to having competitive energy prices.  

This proposal also amends Directive 2010/31/EU on the energy performance of buildings. It 
builds on the existing framework on energy performance of buildings and renewable energy. 

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https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13334-Renewable-energy-
projects-permit-granting-processes-&-power-purchase-agreements_en.  
REPowerEU:  Joint  European Action  for  more  affordable,  secure  and  sustainable  energy,  COM(2022) 
108 final (“REPower EU Communication”).  
COM(2021)557 

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It  introduces  obligations on Member States to promote the deployment  of solar installations 
on buildings.  

Article 4(1) of the proposal for a recast of the Directive on energy efficiency adopted on 14 
July 2021 already raised the Union energy efficiency target for 2030 to 9% compared to the 
projections  of  the  2020  Reference  Scenario.  However,  given  the  high  energy  prices  and  a 
radical  change  in  market  conditions  leading  to  an  increased  cost-effectiveness  of  energy 
efficiency  measures  and  the  need  for  the  Union  to  overcome  its  dependence  on  fossil  fuels 
and  energy  imports  from  Russia,  it  is  necessary  to  further  raise  the  2030  target  for  energy 
efficiency  to  13%  to  ensure  that  this  objective  and  the  decarbonisation  targets  are  achieved 
fast and in a cost-effective way. The proposal therefore also amends Directive 2012/27/EU on 
energy  efficiency  in  order  to  strengthen  energy  efficiency  and  increase  the  Union’s  2030 
target for energy efficiency.   

The Commission will inform the co-legislators that: 

- Article 1(2)(a) of the proposal to amend Directive (EU) 2018/2001 adopted in July should be 
considered superseded by Article 1(2) of the present proposal.  

-  Article  2  of  this  proposal  should  be  considered  as  added  to  the  proposal  for  a  recast  of 
Directive 2010/31/EU presented on 15 December 20218. Therefore, if adopted, this should be 
reflected in the recast of that Directive. 

- Article 3 of this proposal should be considered as replacing Article 4(1) of the proposal for a 
recast of Directive 2012/27/EU presented on 14 July 2021. Therefore, if adopted, this should 
be reflected in the recast of that Directive.  

• 

Consistency with other Union policies 

The  proposal  is  consistent  with  a  broader  set  of  initiatives  to  enhance  the  Union’s  energy 
resilience  and prepare against possible emergency situations, notably the Commission’s ‘Fit 
for  55’  proposals,  in  particular  the  revision  of  Directive  (EU)  2018/2001  and  the  recasts  of 
Directives 2010/31/EU and  2012/27/EU. 

Following  the  recent  geopolitical  developments,  in  March  2022  the  Commission  issued  the 
REPowerEU  Communication.  In  accordance  with  the  REPowerEU  Communication,  the 
Commission has published a recommendation on speeding up permit-granting procedures for 
renewable  energy  projects,  accompanied  by  guidance  to  help  the  Member  States  speed  up 
permitting for renewable energy plants. This will give Member States the tools to already start 
reducing the time taken to approve applications for renewable energy plants, and so to quickly 
respond  to  the  unprecedented  energy  crisis  caused  by  the  current  geopolitical  situation.  In 
addition,  the  Commission  presents  this  proposal  to  ensure  that  projects  are  approved  in  a 
simpler and faster way across the Union. Following the recommendation with a legal proposal 
will  give  greater  certainty  to  project  promotors  and  investors,  while  Member  States  should 
already be moving in the direction of speeding up permit-granting procedures in accordance 
with  the  Recommendation.  Moreover,  a  speedy  and  efficient  implementation  of  the 
Recommendation can play a key role to ensure that Member States meet their new obligations 
under the current proposal.  

The proposal aims at further streamlining the different steps of the permit-granting processes 
applicable to renewable energy, including the assessment of potential environmental impacts. 
Renewable  energy  and  environmental  policies  pursue  closely  interlinked  objectives  as  they 
both  serve  the  same  overall  objective  of  achieving  climate  mitigation.  The  proposal 

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COM(2021)802. 

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strenghthens the role that environmental assessments of plans or programmes carried out by 
Member States in accordance with Directive 2001/42/EC of the European Parliament and of 
the  Council9  can  play  for  a  faster  deployment  of  renewable  energies,  in  particular  for  the 
designation  of  renewable  go-to  areas.  The  proposal  also  provides  a  specific  framework  for 
permit-granting  procedures  for  individual  renewable  energy  projects  located  in  renewables 
go-to areas and outside those areas. Such framework combines in an efficient manner the need 
to  authorise in  a fast  and simple manner the majority of projects  which are unlikely to  give 
rise to environmental risks, with a high level of protection by ensuring a closer scrutiny of the 
most problematic projects.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on two legal bases: 

-  Article  194(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union10  (TFEU),  which 
provides  the  legal  basis  for  proposing  measures  to  develop  new  and  renewable  forms  of 
energy and promote energy efficiency, which are goals of the Union’s energy policy set out in 
Article 194(1)(c) TFEU. 

- Article 192(1) of the TFEU, which provides the legal basis to amend the application of the 
Union environmental acquis. 

• 

Subsidiarity (for non-exclusive competence)  

The need for EU action 

A cost-efficient, fast and large-scale deployment of sustainable renewable energy in line with 
the  ambition  of  the  European  Green  Deal  and  the  REPower  EU  Communication  cannot  be 
achieved by Member States alone. An EU approach is needed to provide the right incentives 
to  Member  States  with  different  levels  of  ambition  to  accelerate,  in  a  coordinated  way,  the 
energy  transition  from  the  traditional  fossil  fuel-based  energy  system  towards  a  more 
integrated and energy-efficient energy system based on renewable energies.  

Taking into account the different energy policies among Member States, action at EU level, 
supported  by  the  robust  governance  framework,  is  more  likely  to  achieve  the  EU  climate 
target and required increased deployment of renewables than national or local action alone. 

Lengthy  and  complex  administrative  procedures  are  a  key  barrier  for  investments  in 
renewable  energies  and  their  related  infrastructure.  The  duration  and  complexity  of  the 
the  different  renewable  energy 
permit-granting  procedures  greatly  varies  between 
technologies  and  between  Member  States.  While  Member  States  can  take  action  to  address 
those  barriers  which  exist  at  national  level,  a  coordinated  European  approach  to  shortening 
and simplifying permit-granting procedures and administrative processes is needed in order to 
speed  up  the  necessary  deployment  of  renewable  energies.  This  is  in  turn  necessary  for  the 
EU  to  reach  its  climate  and  energy  2030  targets  and  its  long-term  objective  of  climate 
neutrality  as  well  as  phase  out  its  dependence  on  Russian  fossil  fuels  and  reduce  energy 
prices.  Taking  into  account  the  different  energy  policies,  priorities  and  procedures  among 
Member States, and in view of the urgency to accelerate the deployment of renewable energy 

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Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001  on  the 
assessment of the effects of certain plans and programmes on the environment.  
OJ C 326, 26/10/2012, p.1 

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across all Member States, action at EU level is more likely to achieve the required objectives 
than national or local action alone. 

Union level action is needed to ensure that Member States contribute to the EU level binding 
energy efficiency target and that it is collectively and cost-effectively met. Union action will 
supplement  and  reinforce  national  and  local  action  towards  increasing  efforts  in  energy 
efficiency.  

EU added value 

EU action on renewable energy and energy efficiency brings added value because it is more 
efficient  and  effective  than  individual  Member  States’  actions,  avoiding  a  fragmented 
approach by addressing the transition of the European energy system in a coordinated way.  

A European approach allows all Member States to fully harness their potentials for the cost-
efficient  deployment  of  renewable  energy  needed  to  achieve  the  Union  climate  and  energy 
targets,  making  sure  that  renewable  energy  generation  capacity  is  smoothly  deployed  in  all 
Member States. 

The  Union’s  energy  and  climate  targets  for  2030  are  collective  targets.  In  this  regard, 
coordinated  Union  policies  have  a  better  chance  of  transforming  the  Union  to  a  climate 
neutral continent by 2050.  

• 

Proportionality 

The  initiative  complies  with  the  proportionality  principle.  In  view  of  the  unprecedented 
geopolitical  situation  created  by  Russia’s  invasion  of  Ukraine  and  the  high  energy  prices, 
there  is  a  clear  need  for  coordinated  and  urgent  action  to  accelerate  the  deployment  of 
renewable energy sources. The balance between obligations and flexibility left to the Member 
States  on  how  to  achieve  the  objectives  is  considered  appropriate  given  the  imperative  of 
meeting the 2030 climate and energy targets and the objective of climate neutrality laid down 
in  the  European  Climate  Law  as  well  as  the  urgency  to  reduce  both  Union’s  energy 
dependency and energy prices. 

• 

Choice of the instrument 

This proposal is a Directive amending Directive (EU) 2018/2001 on the promotion of the use 
of energy from renewable sources, increasing the Union’s renewable energy target  for 2030 
and strengthening the permitting-related provisions of that Directive (Articles 15-17). It also 
amends  Directive  2010/31/EU,  promoting  solar  installations  on  buildings,  and  Directive 
2012/27/EU,  increasing  the  Union’s  energy  efficiency  target  for  2030.  This  revision  of 
Directive  (EU)  2018/2001,  Directive  2012/27/EU  and  Directive  2010/31/EU  is  limited  to 
what is considered necessary to have renewable energy and energy efficiency targets that are 
consistent with the current pressing context and to increase solar installations on buildings and 
streamline  permit-granting  procedures  in  order  to  accelerate  the  deployment  of  renewable 
energy.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

On 18 January 2022 the Commission published a Call for Evidence and a three-month open 
public  consultation  to  gather  stakeholder’s  feedback  on  the  permit-granting  procedures  for 
renewable  energy  projects.  This  public  consultation  was  carried  out  in  the  context  of  the 
preparation  of  the  Commission  Recommendation  on  permit-granting  procedures  and  Power 

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Purchase  Agreements  (PPA),  adopted  on  18  May,  alongside  the  present  proposal.  In  this 
context,  the  Commission  also  organised  a  high-level  stakeholder  event  and  two  workshops 
aimed at discussing the existing barriers and good practices in the permit-granting processes 
of the different Member States.  

Due to the urgency of the proposal, which is put forward in reaction to the crisis triggered by 
the Russian invasion of Ukraine and the resulting need to urgently accelerate the deployment 
of renewable energy, the Commission builds on the results of these consultations and on the 
input provided by key stakeholders in different workshops, meetings and fora, in particular a 
high-level  conference  on  permit-granting  for  renewable  energy  projects  and  PPAs  and  two 
workshops  on  permit-granting  procedures  for  repowering  projects  in  the  wind  energy  and 
hydropower sectors.  

Summary of stakeholder views 

The  open  public  consultation  asked  for  the  views  on  permit-granting  procedures  of  two 
groups of stakeholders: public authorities, and project promoters and associations.  

In their replies, 7 out of 8 (87.5%) public authorities indicate the lack of availability of sites 
on  land  or  at  sea  as  the  main  challenge  to  the  expansion  of  renewable  energy  in  their 
jurisdiction,  followed  by  lack  of  grid  capacity  (62.5%),  lack  of  public  acceptance  /  conflict 
between public goods (50%) and duration of procedures (50%). When asked about the main 
bottlenecks  for  processing  renewable  energy  project  permits,  complexity  of  coordination  at 
different  levels  of  government  or  administration  is  presented  as  the  main  barrier  by  public 
authorities (75%), followed by lack of human resources (50%) and lack of public acceptance 
or conflict between public goods (50%).  

Approximately half of the project promoters and associations (70 / 155) ranked the length of 
administrative  procedures  as  the  most  important  barrier  that  prevents  renewable  energy 
projects  from  materialising  while  62  pointed  to  grid  connection  issues.  Respondents  also 
ranked competition with environmental regulations (44) and the complexity of the applicable 
requirements or procedures (35) among the most important barriers. In the replies to the open 
text questions, respondents stressed the importance of spatial planning, expressed support for 
multiple  uses  of  space,  such  as  agri-PV,  and  called  for  the  involvement  of  the  local 
population. The public consultation also delivered a clear call for a harmonised set of criteria 
for the designation of suitable areas for projects. 

The  views  of  the  stakeholders  as  expressed  in  the  open  public  consultation  and  during  the 
workshops were taken into account when elaborating the present proposal. 

• 

Collection and use of expertise 

This  proposal  builds  on  the  results  of  the  RES  Simplify  study,  which  provides  a 
comprehensive  overview  of  the  existing  barriers  related  to  permitting,  national  performance 
indicators as well as best practices related to permit-granting procedures for renewables, with 
a  focus  on  administrative  barriers  in  the  power  sector.  The  interim  report  of  the  study  is 
published  together  with  the  adoption  of  the  present  initiative  and  the  Recommendation  on 
permit-granting  procedures  and  PPAs.  This  proposal  also  reflects  the  views  shared  by  the 
relevant stakeholders during the consultation process. 

• 

Impact assessment 

Due  to  the  politically  sensitive  and  urgent  nature  of  the  proposal,  no  specific  impact 
assessment was carried out.  

However,  the  above-mentioned  study,  the  open  public  consultation  and  the  extensive 
workshops  organised  with  stakeholders,  as  well  as  the  Commission’s  own  analysis,  provide 

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solid insights into the problems related to planning and permit-granting procedures as well as 
options to address them. 

• 

Fundamental rights 

In terms of consistency with the Charter for fundamental rights, the overarching aim of this 
review  is  to  increase  energy  efficiency  and  the  use  of  renewable  energy  and  reduce  GHG 
emissions, and this is entirely in line with Article 37 of the Charter under which a high level 
of environmental protection and the improvement of the quality of the environment must be 
integrated  into  the  policies  of  the  Union  and  ensured  in  accordance  with  the  principle  of 
sustainable development.  

4. 

BUDGETARY IMPLICATIONS 

This  proposal  amends  an  existing  Directive  on  the  promotion  of  renewable  energy,  and  the 
administrative  impact  and  costs  are  therefore  estimated  to  be  moderate,  as  most  of  the 
necessary  structures  and  rules  are  in  place.  Member  States  will  face  some  costs  in 
implementing  the  new  obligation  to  identify  ‘renewables  go-to  areas’  but  the  overall 
streamlining  of  procedures  is  expected  to  bring  significant  cost  savings  for  Member  States. 
The additional costs of a higher renewable energy target in the EU will be balanced by other 
economic,  environmental  and  social  benefits  such  as  increased  security  of  supply,  by 
replacing  imported  fossil  fuels  from  third  countries,  and  greater  resilience  against 
externalities,  while  contributing  to  the  carbon  sink  and  reducing  air  pollution.  The  proposal 
does not entail any additional costs for the EU budget.  

Regarding  the  amendment  to  the  Directive  on  energy  efficiency  and  the  Directive  on  the 
energy  performance  of  buildings,  this  proposal  does  not  have  any  implication  for  the  EU 
budget.  Regarding  costs  for  Member  States,  this  proposal  amends  existing  Directives  and 
largely  relies  on  structures  and  rules  that  are  already  in  place,  especially  when  taking  into 
account  the  new  provisions  put  forward  through  the  proposals  to  recast  both  Directives. 
Member States will face some costs in implementing additional measures to contribute to the 
target  achievement  and  the  new  obligation  on  buildings,  but  they  are  expected  to  bring 
significant cost savings for households and enterprises.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

After the adoption of this amending Directive by the co-legislators, during the transposition 
period, the Commission will undertake the following actions to facilitate its transposition: 

– 

– 

Organisation of meetings with Member States’ experts in charge of transposing the 
different  parts  of  the  Directive  to  discuss  how  to  transpose  them  and  solve  doubts, 
either  in  the  context  of  the  Concerted  Action  for  Renewable  Energy  Sources  (CA-
RES),the  Concerted  Action  for  Energy  Performance  of  Buildings  (CA-EPBD)  and 
the Concerted Action for Energy Efficiency (CA-EED) or in a committee format. 

Availability  for bilateral  meetings and calls with  Member States in  case of specific 
question on the transposition of the Directive. 

After the transposition deadlines, the Commission will carry out a comprehensive assessment 
of whether Member States have completely and correctly transposed the Directive. 

Regulation  (EU)  2018/1999  on  the  Governance  of  the  Energy  Union  and  Climate  Action 
established an integrated energy and climate planning, monitoring and reporting framework, 

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to  monitor  progress  towards  the  climate  and  energy  targets  in  line  with  the  transparency 
requirements of the Paris Agreement. Member States had to submit to the Commission their 
integrated national energy and climate plans by the end of 2019, covering the five dimensions 
of  the  Energy  Union  for  the  period  2021-2030.  From  2023,  Member  States  must  report 
biennially on the progress made in implementing the plans and in addition, by 30 June 2023 
they must notify the Commission of their draft updates of the plans, with the final updates due 
on  30  June  2024.  This  proposal  will  not  create  a  new  planning  and  reporting  system,  but 
would  be  subject  to  the  existing  planning  and  reporting  framework  under  Regulation  (EU) 
2018/1999.  A  future  revision  of  the  Governance  Regulation  would  allow  a  consolidation  of 
these reporting requirements. 

• 

Explanatory documents (for directives) 

Following  the  ruling  of  the  European  Court  of  Justice  in  Commission  vs  Belgium  (case  C-
543/17),  Member  States  must  accompany  their  notifications  of  national  transposition 
measures  with  sufficiently  clear  and  precise  information,  indicating  which  provisions  of 
national  law  transpose  which  provisions  of  a  directive.  This  must  be  provided  for  each 
obligation,  not  only  at  “article  level”.  If  Member  States  comply  with  this  obligation,  they 
would not need, in principle, to send further explanatory documents on the transposition to the 
Commission. 

• 

Detailed explanation of the specific provisions of the proposal 

The  main  provisions  which  substantially  change  Directive  (EU)  2018/2001,  Directive 
2012/27/EU and Directive 2010/31/EU or add new elements are the following:  

Article  1(1)  adds  a  new  definition  to  Article  2  of  Directive  (EU)  2018/2001,  to  define 
‘renewables go-to area’. 

Article  1(2)  modifies  Article  3(1)  of  Directive  (EU)  2018/2001  by  increasing  the  Union’s 
renewable  energy  target  to  45%.  This  Article  supersedes  the  amendment  of  Article  3(1)  of 
Directive  (EU)  2018/2001  included  in  the  proposal  to  modify  Directive  (EU)  2018/2001 
adopted on 14 July 202111. 

Article 1(3) inserts a new paragraph 2a in Article 15 requiring the Member States to promote 
the testing of new renewable energy technologies while applying appropriate safeguards. 

Article 1(4) inserts a new Article 15b on the obligation for Member States to 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  2030  renewable 
energy target.  

Article 1(5) inserts a new Article 15c on the obligation for Member States to adopt a plan or 
plans  designating  ‘renewables  go-to  areas’,  which  are  particularly  suitable  areas  for  the 
installation of production of energy from renewable sources. 

Article  1(6)  replaces  Articles  16  of  Directive  (EU)  2018/2001,  extending  the  scope  of  the 
permit-granting process, clarifying the start of the permit-granting process and asking for the 
most expeditious administrative and judicial procedures available for appeals in the context of 
an application for a renewable energy projects.  

11 

COM(2021)557 

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Article  1(7)  inserts  a  new  Article16a,  which  regulates  the  permit-granting  process  in 
renewables go-to areas. 

Article  1(8)  inserts  a  new  Article  16b,  which  regulates  the  permit-granting  process  outside 
renewables go-to areas. 

Article  1(9)  inserts  a  new  Article  16c,  which  regulates  the  permit-granting  process  for  the 
installation of solar energy equipment in artificial structures. 

Article 1(10) inserts a new Article 16d to ensure that plants for the production of energy from 
renewable  sources,  their  connection  to  the  grid,  the  related  grid  itself  or  storage  assets  are 
presumed to be of overriding public interest for specific purposes. 

Article  2  inserts  a  new  Article  9a  to  Directive  2010/31/EU  on  the  obligation  for  Member 
States  to  ensure  new  buildings  are  solar  ready  and  to  install  solar  energy  installations  on 
buildings. This new Article 9a should be reflected in the recast of Directive 2010/31/EU, for 
which the Commission presented a proposal on 15 December 202112. 

Article 3 modifies Article 3 of Directive 2012/27/EU to increase the Union target for energy 
efficiency. This amendment should replace that made by Article 4(1) of the recast of Directive 
2012/27/EU, for which the Commission presented a proposal on 4 July 202113.   

Article 4 concerns transposition. 

Article 5 concerns entry into force. 

Article 6 concerns addressees. 

12 
13 

COM(2021)802 
COM(2021)558 

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2022/0160 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive (EU) 2018/2001 on the promotion of the use of energy from 
renewable sources, Directive 2010/31/EU on the energy performance of buildings and 
Directive 2012/27/EU on energy efficiency 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 192(1) and 194(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee14,  
Having regard to the opinion of the Committee of the Regions15,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

14 
15 
16 
17 

18 

In  the  context  of  the  European  Green  Deal16,  Regulation  (EU)  2021/1119  of  the 
European  Parliament  and  of  the  Council17  established  the  objective  of  the  Union 
becoming  climate  neutral  in  2050,  as  well  as  the  target  of  a  55%  reduction  in 
greenhouse gas emissions by 2030. This requires an energy transition and significantly 
higher shares of renewable energy sources in an integrated energy system.  

Renewable  energy  plays  a  fundamental  role  in  delivering  on  these  objectives,  given 
that the energy sector contributes today over 75% of total greenhouse gas emissions in 
the  Union.  By  reducing  those  greenhouse  gas  emissions,  renewable  energy  also 
contributes to tackling environmental-related challenges such as biodiversity loss and 
to reducing pollution in line with the objectives of the Zero-Pollution Action Plan.  
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 

OJ C , , p. . 
OJ C , , p. . 
Communication from the Commission COM/2019/640 final, The European Green Deal. 
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing 
the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 
2018/1999 (‘European Climate Law’), OJ L 243, 9.7.2021, p. 1). 
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). 

EN 

10 

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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. 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 
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 energy in the Union.  

Lengthy  administrative  procedures  are  one  of  the  key  barriers  for  investments  in 
renewables  and  their  related  infrastructure.  These  barriers  include  the  complexity  of 
the applicable rules for site selection and administrative authorisations for projects, the 
complexity  and  duration  of  the  assessment  of  the  environmental  impacts  of  the 
projects,  grid  connection  issues,  constraints  on  adapting  technology  specifications 
during  the  permit-granting  procedure,  or  staffing  issues  of  the  permit-granting 
authorities  or  grid  operators.  In  order  to  accelerate  the  pace  of  deployment  of 
renewable  energy  projects  it  is  necessary  to  adopt  rules  which  would  simplify  and 
shorten permit-granting processes.  

The  Directive  (EU)  2018/2001  streamlines  the  requirements  to  simplify  the 
administrative procedures for authorising renewable energy plants by introducing rules 
on  the  organisation  and  maximum  duration  of  the  administrative  part  of  the  permit-
granting process for renewable energy projects, covering all relevant permits to build, 
repower and operate plants, and for their grid connection.  

A further simplification and shortening of the administrative permit-granting processes 
in a coordinated and harmonised manner is necessary in order to ensure that the Union 
reaches its ambitious climate and energy targets for 2030 and the objective of climate-
neutrality  by  2050,  while  taking  into  account  the  “do  no  harm”  principle  of  the 
European Green Deal. The introduction of shorter and clear deadlines for decisions to 
be taken by the authorities competent  for issuing the authorisation  for the  renewable 
energy  installations  on  the  basis  of  a  complete  application,  will  accelerate  the 
deployment  of  renewable  energy  projects.  It  is  appropriate  however  to  make  a 
distinction  between  projects  in  areas  particularly  suitable  for  the  deployment  of 
renewable  energy  projects,  for  which  deadlines  can  be  particularly  streamlined 
(renewables go-to areas), and projects located outside those areas.  

Some of the most common issues faced by renewable energy project developers relate 
to  procedures  established  at  national  or  regional  level  to  assess  the  environmental 
impact  of  the  proposed  projects.  Therefore,  it  is  appropriate  to  streamline  certain 

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. 
Point 3 of the Communication from the Commission COM(2020) 562 
REPowerEU:  Joint  European Action  for  more  affordable,  secure  and  sustainable  energy,  COM(2022) 
108 final (“REPower EU Communication”). 

(4) 

(5) 

(6) 

(7) 

19 

20 
21 

EN 

11 

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(8) 

environmental-related  aspects  of  the  permit-granting  procedures  and  processes  for 
renewable energy projects. 

A faster roll-out of renewable energy projects could 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.  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.  

(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.  

(10)  Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council22  establishes 
environmental  assessments  as  an  important  tool  for  integrating  environmental 
considerations into the preparation and adoption of plans and programmes. In order to 
designate  renewables  go-to  areas,  Member  States  should  prepare  a  plan  or  plans 
encompassing  the  identification  of  areas  and  the  applicable  rules  and  mitigation 
measures  for  projects  located  in  each  go-to  area.  Member  States  may  prepare  one 
single  plan  for  all  renewable  go-to  areas  and  technologies,  or  technology-specific 
plans identifying one or more renewable go-to areas. Each plan should be subject to an 
environmental  assessment  carried  out  in  accordance  with  the  conditions  set  out  in 
Directive 2001/42/EC in order to assess the impacts of each renewable technology on 
the relevant areas designated in such plan. Carrying out an environmental assessment 
in accordance with Directive 2001/42/EC for this purpose would allow Member States 
to have a more integrated and efficient approach to planning and to take environmental 
considerations  into  account  at  an  early  phase  of  the  planning  process  at  a  strategic 
level.  This  would  contribute  to  ramping  up  the  deployment  of  different  renewable 
energy  sources  in  a  faster  and  streamlined  manner  while  minimising  the  negative 
environmental impacts from these projects.  

(11)  Following  the  adoption  of  the  plan  or  plans  designating  renewables  go-to  areas, 
the 

the  significant  environmental  effects  of 

Member  States  should  monitor 

22 

Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001  on  the 
assessment of the effects of certain plans and programmes on the environment. 

EN 

12 

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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.  

(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.  

(13)  The designation of renewables go-to areas should aim to ensure that renewable energy 
production  from  these  areas,  together  with  existing  renewable  energy  plants,  future 
renewable  energy  plants  outside  of  such  areas  and  cooperation  mechanisms,  will  be 
sufficient  to  achieve  Member  States’  contribution  to  the  Union  renewable  energy 
target set out in Article 3(1) of Directive (EU) 2018/2001.  

(14) 

In the designated renewables go-to areas, renewable energy projects that comply with 
the  rules  and  measures  identified  in  the  plan  or  plans  prepared  by  Member  States, 
should  benefit  from  a  presumption  of  not  having  significant  effects  on  the 
environment.  Therefore,  there  should  be  an  exemption  from  the  need  to  carry  out  a 
specific  environmental  impact  assessment  at  project  level  in  the  sense  of  Directive 
2011/92/EU  of  the  European  Parliament  and  of  the  Council24,  with  the  exception  of 
projects  which  are  likely  to  have  significant  effects  on  the  environment  in  another 
Member State or where a Member State likely to be significantly affected so requests. 
The  obligations  under  the  UNECE  Espoo  Convention  on  environmental  impact 
assessment in a transboundary context of 25 February 1991 should remain applicable 
for  Member  States  where  the  project  is  likely  to  cause  a  significant  transboundary 
impact in a third country. 

located 

(15)  The designation of renewables go-to 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 
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 

23 

24 

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).   
Directive  2011/92/EU of  the  European  parliament  and  of  the  Council  of  13  December  2011  on  the 
assessment of the effects of certain public and private projects on the environment. 

EN 

13 

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(16) 

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.  

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. 

(17)  Multiple  use  of  space  for  renewable  energy  production  and  other  land  and  sea  uses 
(such as food production or nature protection or restoration) alleviates land and sea use 
constraints. In this context, spatial planning is an important tool to identify and steer 
synergies for land and sea use at an early stage. Member States should explore, enable 
and favour the multiple uses of the areas identified as a result of the spatial planning 
measures adopted.  

(18)  The  construction  and  operation  of  renewable  energy  plants  may  result  in  the 
occasional killing or disturbance of birds and other protected species under Directive 
92/43/EEC  or  Directive  2009/147/EC26.  However,  such  killing  or  disturbance  would 
not be considered deliberate in the sense of these Directives if  a project has adopted, 
during  its  construction  and  operation,  appropriate  mitigation  measures  to  avoid 
collisions or prevent disturbance, and if it carries out a proper monitoring to assess the 
effectiveness  of  such  measures  and,  in  the  light  of  the  information  gathered,  takes 
further measures as required to ensure no significant negative impact on the population 
of the species concerned.  

(19) 

In addition to installing new renewable energy plants, repowering existing renewable 
energy  plants  has  a  significant  potential  to  contribute  to  the  achievement  of  the 
renewable  energy  targets.  Since,  usually,  the  existing  renewable  energy  plants  have 
been installed in sites with significant renewable energy resource potential, repowering 
can ensure the continued use of these sites while reducing the need to designate new 
sites for renewable energy projects. Repowering includes further benefits such as the 
existing grid connection, a likely higher degree of public acceptance and knowledge of 
environmental impacts. The repowering of renewable energy projects entails changes 
to  or  the  extension  of  existing  projects  to  different  degrees.  The  permit-granting 
process,  including  environmental  assessments  and  screening,  for  the  repowering  of 
renewable energy projects should be limited to the potential impacts resulting from the 
change or extension compared to the original project.  

25 

26 

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). 
Directive  2009/147/EC  of  the  European  Parliament  and  of  the  Council  of  30  November  2009  on  the 
conservation of wild birds (OJ L 20, 26.1.2010, p.7). 

EN 

14 

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(20)  Directive  (EU)  2018/2001  introduces  streamlined  permit-granting  procedures  for 
repowering. In order to respond to the increasing need for the repowering of existing 
renewable  energy  plants  and  to  make  full  use  of  the  advantages  it  offers,  it  is 
appropriate  to  establish  an  even  shorter  procedure  for  the  repowering  of  renewable 
energy plants located in go-to areas, including a shorter screening procedure. For the 
repowering of  existing renewable energy plants located outside  go-to  areas, Member 
States should ensure a simplified and swift permit-granting process which should not 
exceed one year, while taking into account the “do no harm” principle of the European 
Green Deal. 

(21)  The  installation  of  solar  energy  equipment,  together  with  related  co-located  storage 
and grid connection, in existing or future structures created for purposes different than 
solar  energy  production  with  the  exclusion  of  artificial  water  surfaces,  such  as 
rooftops, parking areas, roads and railways, do not typically raise concerns related to 
competing  uses  of  space  or  environmental  impact.  These  installations  therefore  may 
benefit from shorter permit-granting procedures.  

(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  presume  these  plants  and  their  related  infrastructure  as  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.  

(23) 

In order to ensure a smooth and effective implementation of the provisions laid down 
in  this  Directive,  the  Commission  supports  Member  States  through  the  Technical 
Support  Instrument27  providing  tailor-made  technical  expertise  to  design  and 
implement  reforms,  including  those  increasing  the  use  of  energy  from  renewable 
sources,  fostering  better  energy  system  integration,  identifying  specific  areas 
particularly  suitable  for  the  installation  of  plants  for  the  production  of  renewable 
energy,  and  streamlining  the  framework  for  authorisation  and  permit-granting 
processes  for  renewable  energy  plants.  The  technical  support,  for  example,  involves 
strengthening of administrative capacity, harmonising the legislative frameworks, and 
sharing of relevant best practices.  

(24)  The Directive (EU) 2018/2001 should therefore be amended accordingly.  

(25)  There is  an urgent  need  to  reduce the dependence on fossil fuels  in  buildings and to 
accelerate  efforts  to  decarbonise  and  electrify  their  energy  consumption.  In  order  to 
enable  the  cost-effective  installation  of  solar  technologies  at  a  later  stage,  all  new 
buildings  should  be  “solar  ready”,  that  is,  designed  to  optimise  the  solar  generation 
potential on the basis of the site’s solar irradiance, enabling the fruitful installation of 
solar technologies without costly structural interventions.  In addition, Member States 
should  ensure  the  deployment  of  suitable  solar  installations  on  new  buildings,  both 

27 

Regulation  (EU)  2021/240  of  the  European  Parliament  and  of  the  Council  of  10  February  2021 
establishing a Technical Support Instrument. 

EN 

15 

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residential and non-residential, and on existing non-residential buildings. Large scale 
deployment of solar energy on buildings would make a major contribution to shielding 
more effectively consumers from increasing and volatile prices of fossil fuels, reduce 
the  exposure  of  vulnerable  citizens  to  high  energy  costs  and  result  in  wider 
environmental,  economic  and  social  benefits.  In  order  to  efficiently  exploit  the 
potential of solar installations  on buildings,  Member States should  define criteria for 
the  implementation  of,  and  possible  exemptions  from,  the  deployment  of  solar 
installations on buildings in line with the assessed technical and economic potential of 
the  solar  energy  installations  and  the  characteristics  of  the  buildings  covered  by  this 
obligation. 

(26)  The Directive 2010/31/EU should therefore be amended accordingly.  

(27)  Energy  efficiency  is  a  key  area  of  action,  without  which  independence  from  fossil 
fuels  and  energy  imports  from  Russia  and  the  full  decarbonisation  of  the  Union´s 
economy  cannot  be  achieved.   The  need  to  capture  the  cost-effective  energy  saving 
opportunities  has  led  to  the  Union´s  current  energy  efficiency  policy.  In  December 
2018, a new 2030 Union headline energy efficiency target of at least 32,5% (compared 
to  projected  energy  use  in  2030)  was  included  as  part  of  the  'Clean  Energy  for  All 
Europeans  package’.  To  increase  independence  and  resilience  and  to  achieve  the 
increased climate  ambition, energy  efficiency improvements  should be  further raised 
to  at  least  39%  for  final  energy  and  41.5%  for  primary  energy,  based  on  the  2007 
Reference Scenario projections for 2030.  

(28)  However,  the  change  in  the  Eurostat  energy  balance  calculation  methodology  and 
improvements  in  subsequent  modelling  projections  call  for  a  change  of  the  baseline. 
Thus, using the same approach to define the target, that is to say comparing it to the 
future baseline projections, the ambition of the Union’s 2030 energy efficiency target 
should be set compared to the 2020 Reference Scenario projections for 2030 reflecting 
national  contributions  from  the  NECPs.  With  that  updated  baseline,  the  Union  will 
need  to  further  increase  its  energy  efficiency  ambition  by  at  least  13%  in  2030 
compared to the level of efforts under the 2020 Reference Scenario. This new way of 
expressing the level of ambition for the Union’s targets does not affect the actual level 
of efforts needed.  

(29)  The Directive 2012/27/EU should therefore be amended accordingly. 

(30)  Since  the  objective  of  this  Directive,  namely  reducing  greenhouse  gas  emissions, 
energy dependency and energy prices, cannot be sufficiently achieved by the Member 
States but can rather, by reasons, of the scale of the action, be better achieved at Union 
level, the Union may adopt measures, in accordance with the principle of subsidiary as 
set out in Article 5 of the Treaty on European Union. In accordance with the principle 
of proportionality, as set out in that Article, this Directive does not go beyond what is 
necessary in order to achieve that objective.  

(31) 

In accordance with  the Joint Political  Declaration of 28 September 2011 of Member 
States  and  the  Commission  on  explanatory  documents28,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 

28 

OJ C 369, 17.12.2011, p. 14. 

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such documents to be justified, in particular following the judgment of the European 
Court of Justice in Case Commission vs Belgium29 (case C-543/17). 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments to Directive (EU) 2018/2001 

Directive (EU) 2018/2001 is amended as follows: 

(1) 

In Article 2, the following point is added: 

(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. 

(2) 

in Article 3, paragraph 1 is replaced by the following:  

‘1. Member States shall collectively ensure that the share of energy from renewable sources in 
the Union’s gross final consumption of energy in 2030 is at least 45%.’ 

(3) 

In Article 15, the following paragraph 2a is inserted: 

‘2a. Member States shall promote the testing of new renewable  energy technologies in pilot 
projects  in  a  real-world  environment,  for  a  limited  period  of  time,  in  accordance  with  the 
applicable  EU  legislation  and  accompanied  by  appropriate  safeguards  to  ensure  the  secure 
operation of the  electricity system and avoid  disproportionate impacts  on the functioning of 
the internal market, under the supervision of a competent authority.’ 

(4) 

The following Article 15b is inserted: 

‘Article 15b 
Mapping of areas necessary for national contributions towards the 2030 RES target 

(1)  By [1 year after the entry into force], Member States shall identify the land and 
sea  areas  necessary  for  the  installation  of  plants  for  the  production  of  energy 
from  renewable  sources  that  are  required  in  order  to  meet  their  national 
contributions  towards  the  2030  renewable  energy  target  in  accordance  with 
Article  3  of  this  Directive.  Such  areas  shall  be  commensurate  with  the 
estimated trajectories and total planned installed capacity by renewable energy 
technology  set  in  national  energy  and  climate  plans  of  Member  States,  as 
updated pursuant to Article 14 of Regulation (EU) 2018/1999.  

(2)  When identifying the areas referred to in paragraph 1, Member States shall take 

into account:  

(a) 

the  availability  of  the  renewable  energy  resources  and  the  potential  for 
renewable energy production of the different technologies in the land and 
sea areas;  

(b) 

the projected energy demand;  

29 

Judgment  of  the  Court  of  Justice  of  8  July  2019,  Commission  v  Belgium,  C-543/17,  ECLI:  EU: 
C:2019:573. 

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(c) 

the  availability  of  relevant  grid  infrastructure,  storage  and  other 
flexibility  tools  or  the  potential  to  create  such  grid  infrastructure  and 
storage. 

(3)  Member States shall favour multiple uses of the areas identified as a result of 

the obligation in paragraph 1.’ 

(5) 

The following Article 15c is inserted: 

‘Article 15c 
Renewables go-to areas 

(1)  By  [2  years  after  the  entry  into  force],  Member  States  shall  adopt  a  plan  or 
plans designating, within the areas referred to in Article 15b(1), renewables go-
to  areas  for  one  or  more  types  of  renewable  energy  sources.  In  that  plan  or 
plans, Member States shall:  

(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  significant  environmental  impacts,  in  view  of  the 
particularities of the selected territory. In doing so, Member States shall:  

 

 

 

give  priority  to  artificial  and  built  surfaces,  such  as  rooftops, 
transport  infrastructure  areasparking  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; 

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. 

use all appropriate tools and datasets to identify the areas where the 
renewable  energy  plants  would  not  have  a 
significant 
environmental impact, including wildlife sensitivity mapping.  

(b)  Establish  appropriate  rules  for  the  designated  renewable  go-to  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 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  situations 
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 

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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  closely  monitored 
and  appropriate  steps  are  taken  immediately  if  they  do  not  prove  to  be 
effective. . 

Member States shall explain in the plan the assessment made to identify each 
designated  go-to  area  on  the  basis  of  the  criteria  set  out  in  point  (a)  and  to 
identify appropriate mitigation measures. 

(2)  Before its adoption, the plan or plans designating renewables go-to 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  in  Natura  2000  sites,  likely  to  have 
significant impacts in those sites, to the appropriate assessment in accordance 
to Article 6(3) of Directive 92/43/EEC.  

(3)  The plan or plans designating renewables go-to areas 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.’ 

(6) 

Article 16 is replaced by the following:  

‘Article 16 
Organisation and main principles of the permit-granting process 

(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 
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.  

the  grid, 

to 

(2)  No later than fourteen days for plants located in go-to areas and one month for 
plants  located  outside  of  go-to  areas,  following  the  receipt  of  the  application, 
the  competent  authority  shall  validate  the  application  or,  if  the  developer  has 
not  sent  all  the  information  required  to  process  an  application,  request  the 
developer  to  submit  a  complete  application  within  fourteen  days  from  this 
request.  If  the  developer  does  not  submit  a  complete  application  within  this 
deadline, the competent authority may reject the application in written form. In 
the event of a rejection, the competent authority shall justify its decision.  The 
developer may resubmit a new application at any point in time following such 
rejection.  The  date  of  the  acknowledgement  of  the  validity  of  the  application 
by  the  competent  authority  shall  serve  as  the  start  of  the  permit-granting 
process.  

(3)  Member  States  shall  set  up  or  designate  one  or  more  contact  points.  Those 
contact points shall, upon request by the applicant, guide through and facilitate 

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the entire administrative permit application and granting process. The applicant 
shall  not  be  required  to  contact  more  than  one  contact  point  for  the  entire 
process. The contact point shall guide the applicant through the administrative 
permit  application  process,  including  the  environmental  related  steps,  in  a 
transparent  manner  up  to  the  delivery  of  one  or  several  decisions  by  the 
responsible authorities at the end of the process, provide the applicant with all 
necessary  information  and  involve,  where  appropriate,  other  administrative 
authorities.  The  contact  point  shall  ensure  fulfilment  of  the  deadlines  for  the 
permit-granting  procedures  set  out  in  this  Directive.  Applicants  shall  be 
allowed to submit relevant documents in digital form. By [2 years from entry 
into  force]  Member  States  shall  ensure  that  all  procedures  are  carried  out  in 
electronic format.  

(4)  The contact point shall make available a manual of procedures for developers 
of renewable energy production plants and shall provide that information also 
online,  addressing  distinctly  also  small-scale  projects  and  renewables  self-
consumers  projects.  The  online  information  shall  indicate  the  contact  point 
relevant  to  the  applicant's  application.  If  a  Member  State  has  more  than  one 
contact point, the online information shall indicate the contact point relevant to 
the applicant's application. 

(5)  Member  States  shall  ensure  that  applicants  have  easy  access  to  simple 
procedures  for  the  settlement  of  disputes  concerning  the  permit-granting 
process  and  the  issuance  of  permits  to  build  and  operate  renewable  energy 
plants, including, where applicable, alternative dispute resolution mechanisms.  

(6)  The  deadlines  laid  down  in  Articles  16a,  16b  and  16c  shall  apply  without 
prejudice to judicial appeals, remedies and other proceedings before a court or 
including 
tribunal,  and 
complaints  procedures,  non-judicial  appeals  and  remedies,  and  may  be 
extended for the duration of such procedures. 

to  alternative  dispute  resolution  mechanisms, 

(7)  Member  States  shall  ensure  that  administrative  and  judicial  appeals  in  the 
context of a project for the development of renewable energy production plant 
or its related grid connection, including those related to environmental aspects 
shall be subject  to  the most  expeditious  administrative and judicial  procedure  
that is available at the relevant national, regional and local level.’ 

(7) 

The following Article 16a is inserted: 

Article 16a 
Permit-granting process in renewables go-to areas 

(1)  Member  States  shall  ensure  that  the  permit-granting  process  referred  to  in 
Article 16(1) shall not exceed one year for projects in renewables go-to areas. 
Where  duly  justified  on  the  ground  of  extraordinary  circumstances,  that  one-
year period may be  extended by  up to  three months.  In such a case, Member 
States shall clearly inform the developer about the extraordinary circumstances 
that justified the extension. 

(2)  The  permit-granting  process  for  the  repowering  of  plants  and  for  new 
installations with an electrical capacity of less than 150 kW, co-located energy 
storage facilities as well as their grid connection, located in  renewables  go-to 
areas  shall  not  exceed  six  months.  Where  duly  justified  on  the  ground  of 

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extraordinary  circumstances,  such  as  on  grounds  of  overriding  safety  reasons 
where the repowering project impacts substantially on the grid or the original 
capacity, size or performance of the installation, that one  year period may  be 
extended by up to three months. Member States shall clearly inform the project 
developer about the extraordinary circumstances that justify the extension.  

(3)  Without  prejudice  to  paragraphs  4  and  5,  by  derogation  from  Article  4(2)  of 
Directive  2011/92/EU,  and    Annex  II,  points  3(a),  (b),  (d),  (h),  (i),  and  6(c) 
alone or in conjunction with point 13(a) to that Directive as far as this concerns 
renewable  energy  projects,  new  applications  for  renewable  energy  plants, 
except  for  biomass  combustion  plants,  including  the  repowering  of  plants,  in 
already  designated  renewables  go-to  areas  for  the  respective  technology,  co-
located  storage  facilities  as  well  as  their  connection  to  the  grid,  shall  be 
exempted from the requirement to carry out a dedicated environmental impact 
assessment  under  Article  2(1)  of  Directive  2011/92/EU,  provided  that  these 
projects comply with the rules and measures set out in accordance with Article 
15c(1), point (b). The exemption from the application of Directive 2011/92/EU 
above shall not apply to projects which are likely to have significant effects on 
the environment in another Member State or where a Member State likely to be 
significantly  affected  so  requests,  as  provided  for  in  Article  7  of  the  said 
Directive. 

By derogation from Article 6(3) of Directive 92/43/EEC, the plants referred to 
in  the  first  subparagraph,  shall  not  be  subject  to  an  assessment  of  their 
implications for Natura 2000 sites.  

(4)  The competent authorities of Member States shall carry out a screening of the 
applications referred to in paragraph 3. Such screening shall 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  geographical 
areas 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  and,  if  relevant,  with  Directive 
92/43/EEC.  The  screening  carried  out  for  the  repowering  of  projects  shall  be 
limited  to  the  potential  impacts  stemming  from  the  change  or  extension 
compared to the original project. 

For  the  purpose  of  such  screening,  the  project  developer  shall  provide 
information  on  the  characteristics  of  the  project,  on  its  compliance  with  the 
rules and measures identified according to  Article 15c (1), points (b) and (c), 
for the specific go-to area, on any additional measures adopted by the project 
and how these measures address environmental impacts. Such screening  shall 
be finalised within 30 days from the date of submission of the applications for 
new  renewable  energy  plants,  with  the  exception  of  applications  for 
installations  with  an  electrical  capacity  of  less  than  150  kW.  For  such 
installations  and  for  new  applications  for  the  repowering  of  plants,  the 
screening phase shall be finalized within 15 days.  

(5)  Following  the  screening  process,  the  applications  referred  to  in  paragraph  3 
shall  be  authorised  from  an  environmental  perspective  without  requiring  any 
express decision from the competent authority, unless the competent authority 
adopts an administrative decision, duly motivated and based on clear evidence, 
that  a  specific  project  is  highly  likely  to  give  rise  to  significantunforeseen 

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adverse effects in view of the environmental sensitivity of the geographic area 
where they  are located  that  cannot  be mitigated  by the measures  identified in 
the plan or plans designating go-to areas or proposed by the developer for the 
project. Such decision shall be made available to the public. Such projects shall 
be  subject  to  an  assessment  in  accordance  with  Directive  2011/92/EC  and,  if 
applicable, to an assessment under Article 6(3) of Directive 92/43/EEC, which 
shall be carried out within six months following the screening decision. 

(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.  

(8) 

The following Article 16b is inserted: 

Article 16b 
Permit-granting process outside renewables go-to areas 

(1)  Member  States  shall  ensure  that  the  permit-granting  process  referred  to  in 
Article 16(1) shall not exceed two years, for projects outside renewables go-to 
areas. Where duly justified on the grounds of extraordinary circumstances, that 
two-year  period  may  be  extended  by  up  to  three  months.  In  such  a  case, 
Member  States  shall  clearly  inform  the  developer  about  the  extraordinary 
circumstances that justified the extension.  

(2)  Where an environmental assessment is required under Directive 2011/92/EU or 
Directive 92/43/EEC, it shall be carried out in a single procedure that combines 
all  relevant  assessments  for  a  given  project.  When  any  such  environmental 
impact assessment is required, the competent authority, taking into account the 
information provided by the developer, shall issue an opinion on the scope and 
level  of  detail  of  the  information  to  be  included  by  the  developer  in  the 
environmental  impact  assessment  report,  of  which  the  scope  shall  not  be 
extended  subsequently.  Where  the  specific  projects  have  adopted  appropriate 
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 deliberate. 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 
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  closely  monitored  and  appropriate  steps  are  taken  immediately  if 
they  do  not  prove  to  be  effective.  The  permit-granting  process  for  the 
repowering of projects and for new installations with an electrical capacity of 
less than 150 kW, co-located storage facilities as well as their grid connection, 
located  outside  renewables  go-to  areas  shall  not  exceed  one  year  including 
environmental assessments where required by relevant legislation. Where duly 
justified  on  the  ground  of  extraordinary  circumstances,  this  one-year  period 
may be extended by up to three months. Member States shall clearly inform the 
developers about the extraordinary circumstances that justified the extension. 

impact,  have  not  been  widely 

tested  as  regards 

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Member States shall facilitate the repowering of projects located outside go-to 
areas by ensuring that, if an environmental assessment for a project is required 
under the Union environmental legislation, such assessment shall be limited to 
the potential impacts stemming from the change or extension compared to the 
original project. ’ 

(9) 

The following Article 16c is inserted: 

‘Article 16c 
Permit-granting process for the installation of solar energy equipment in artificial 
structures 

(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.’ 

(10) 

The following Article 16d is inserted: 

‘Article 16d 
Overriding public interest  

By  [three  months  from  entry  into  force],  until  climate  neutrality  is  achieved,  
Member  States  shall  ensure  that,  in  the  permit-granting  process,  the  planning, 
construction  and  operation  of  plants  for  the  production  of  energy  from  renewable 
sources, their connection to the 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  purposes  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.’ 

Article 2 
Amendment to Directive 2010/31/EU 

Directive 2010/31/EU is amended as follows: 

(1) 

The following Article 9a is inserted: 

 ‘Article 9a 
Solar energy in buildings 

Member States shall ensure that all new buildings are designed to optimise their solar 
energy generation potential on the basis of the solar irradiance of the site, enabling 
the later cost-effective installation of solar technologies.  

Member States shall ensure the deployment of suitable solar energy installations: 

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(a) 

by 31 December 2026, on all new public and commercial buildings with useful 
floor area larger than 250 square meters; 

(b)  by  31  December  2027,  on  all  existing  public  and  commercial  buildings  with 

useful floor area larger than 250 square meters; and 

(c) 

by 31 December 2029, on all new residential buildings. 

Member States shall define, and make publicly available, criteria at national level for 
the  practical  implementation  of  these  obligations,  and  for  possible  exemptions  for 
specific types of buildings, in accordance with the assessed technical and economic 
potential  of  the  solar  energy  installations  and  the  characteristics  of  the  buildings 
covered by this obligation. 

Article 3  
Amendment to Directive 2012/27/EU  

Directive 2012/27/EU is amended as follows:  

(1) 

in Article 3, paragraph 5 is replaced by the following:  

‘5.  Member  States  shall  collectively  ensure  a  reduction  of  energy  consumption  of  at 
least 13 % in 2030 compared to the projections of the 2020 Reference Scenario so that 
the  Union’s  final  energy  consumption  amounts  to  no  more  than  750  Mtoe  and  the 
Union’s primary energy consumption amounts to no more than 980 Mtoe in 2030.’  

Article 4  
Transposition  

(1) 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with Article 1, point (10), by [three months after the 
entry into force of this Directive] at the latest. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  Article  1,  points  (1),  (2),  (3),  (4),  (6),  (8)  and 
(9), and Article 3 by [one year after the entry into force of this Directive] at the latest. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to  comply with  Article  1, points  (5) and  (7),  and Article 2  by 
[two years after the entry into force of this Directive] at the latest. 

They shall forthwith communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

(2) 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 5 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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Article 6 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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