Proposal for a COUNCIL REGULATION laying down a framework to accelerate the deployment of renewable energy
Date: 2022-11-09
Institutions: Directorate-General for Energy, European Commission
Subjects: carbon neutrality, energy crisis, energy efficiency, energy production, heat pump, price of energy, renewable resources, security of supply, soft energy

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   EUROPEAN COMMISSION  Brussels, 9.11.2022  COM(2022) 591 final 2022/0367 (NLE)  Proposal for a COUNCIL REGULATION laying down a framework to accelerate the deployment of renewable energy  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  European  Green  Deal  put  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 
phase out EU’s dependence on Russian fossil fuels.  

In this context, on 18 May 2022, the Commission adopted, as part of the REPowerEU plan, a 
proposal  to  amend  Directive  (EU)  2018/2001  on  the  promotion  of  the  use  of  energy  from 
renewable sources (“REDII”), Directive 2010/31/EU on the energy performance of buildings 
and  Directive  2012/27/EU  on  energy  efficiency  in  order  to  accelerate  the  green  transition 
towards  renewable  energy  and  increased  energy  efficiency.  The  proposal  introduced  more 
ambitious  energy  efficiency  and  renewable  energy  targets,  measures  to  further  simplify  and 
streamline  the  administrative  permit-granting  procedures  applicable  to  renewable  energy 
projects  in  a  coordinated  and  harmonised  manner  across  the  EU  as  well  as  measures  to 
increase  the  deployment  of  solar  installations  on  buildings.  The  Council  and  the  European 
Parliament are currently working towards the adoption of the revised REDII.  

Since  the  publication  of  the  REPowerEU  plan  on  18  May  2022,  the  situation  of  the  energy 
crisis  has  worsened,  calling  for  urgent  action.  Record  spikes  of  the  natural  gas  price  in 
summer,  further  disruption  of  the  supplies  through  the  North  Stream  I  pipeline,  increased 
inflation  and  electricity  price  fluctuations  cause  economic  and  social  hardship,  placing  a 
heavy  burden  on  citizens  and  on  the  economy.  Rising  energy  costs  are  leading  to  reduced 
purchasing power for citizens and loss of competitiveness for companies. The shortage in gas 
and power supply and the relatively inelastic energy demand have led to significant increases 
in prices and volatility of gas  and electricity prices in the EU. National measures to counter 
these  trends  may  lead  to  fragmentation  of  the  internal  market  and  may  not  guarantee 
solidarity.  

In that context, the ongoing crisis calls for temporary but immediate action to achieve some of 
its  objectives  faster,  including  accelerating  Europe’s  clean  energy  transition.  The  European 
Union  has  taken  steps  to  reduce  gas  demand  and  intervene  on  energy  markets  in  order  to 
address  the  impact  of  the  crisis  for  this  winter.  Despite  these  actions,  the  situation  remains 
extremely challenging. European consumers and businesses continue to be exposed to prices 
that are too high and volatile. Unpredictable events, like the sabotage of pipelines, may still 
further  disrupt  our  security  of  supply.  Tensions  on  gas  markets  are  likely  to  persist,  also 
beyond this winter. Faster deployment of renewables is necessary for a definitive end to the 
current emergency as it will immediately and structurally reduce demand for fossil fuels in the 
power,  heating  and  cooling,  industry  and  transport  sectors.  Thanks  to  their  low  operational 
costs, renewables can positively impact energy prices across the EU. 

Lengthy  and  complex  administrative  procedures  have  been  identified  as  one  of  the  key 
obstacles  hampering  the  speed  and  number  of  investments  in  renewables  and  related 
infrastructure. On 20 and 21 October 2022, the European Council, in its conclusions, called 
for  a  fast-tracking  of  the  simplification  of  permitting  procedures  in  order  to  accelerate  the 
rollout  of  renewables  and  grids  including  by  means  of  emergency  measures.  Some  of  the 
measures introduced in the May 2022 proposal to accelerate the permit-granting process  for 

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renewable  energy  plants,  in  particular  those  related  to  the  overriding  public  interest 
presumption,  repowering  of  plants  and  permit-granting  for  solar  equipment  on  existing 
structures,  can  be  implemented  by  Member  States  in  a  rapid  manner,  without  requiring 
burdensome  changes  to  their  national  procedures  and  legal  systems.  The  crisis  calls  for 
immediate  targeted  measures  in  these  areas  as  well  as  other  measures  to  promote  specific 
technologies such as heat pumps which accelerate the transition away from the use of gas in 
heating. If implemented immediately, these measures have the potential to increase renewable 
generation in the short-term and thus increase the contribution of the renewables to addressing 
the ongoing crisis. 

• 

Consistency with existing policy provisions in the policy area 

The  proposed  instrument  sets  out  temporary,  proportionate  and  extraordinary  measures.  It 
complements  existing  relevant  EU  initiatives  and  legislation  and  is  complementary  to  the 
initiatives already taken by the Commission to respond to the current crisis in energy markets. 
It builds upon the “REPowerEU” Plan of 18 May 2022 which puts the massive speed-up and 
scale-up  in  renewable  energy  in  power  generation,  industry,  buildings  and  transport  at  the 
core of the strategy to accelerate the phasing out of Russian fossil fuels. 

In  particular,  the  Commission  proposed  as  part  of  the  “REPowerEU”  plan  a  revision  of 
Directive  (EU) 2018/2001 which increases the binding 2030 EU target  to 45% by 2030, up 
from  40%  of  the  previous  proposal  from  14  July  2021,  and  establishes  a  framework  for 
streamlining and speeding up the administrative permit-granting process for renewable energy 
projects. 

The  proposed  instrument  is  a  temporary  urgency  measure.  It  is  time  limited  to  one  year’s 
duration, with a review clause in order to consider extending its validity, if necessary. 

The  proposed  regulation  reflects  the  need  to  take  urgent  action  in  response  to  the  energy 
crisis, as called for by the above-mentioned European Council conclusions. It aims to address 
the current energy crisis through focused immediate action that accelerates the deployment of 
renewable  energy  projects  which  have  high  potential  of  rapid  and  effective  impact.  To  this 
end, the proposed instrument identifies a set of measures the immediate application of which 
would  ensure  a  short-term  acceleration  of  the  permit-granting  procedures  for  renewable 
energy projects.  

In this context, it should be noted that, in line with the Council Recommendation on ensuring 
a fair transition towards climate neutrality and the Commission Recommendation on speeding 
up permit-granting procedures for renewable energy projects and facilitating Power Purchase 
Agreements,  ensuring  adequate  staffing  of  the  permit-granting  bodies  and  environmental 
assessment authorities with relevant skills and qualifications remains  essential to reap the full 
benefits of any simplification of permitting procedures aiming at acceleration the roll out of 
renewables and grids.  

Similarly,  national  permitting  authorities  should  seek  to  speed  up  permitting  procedures  of 
renewable  energy  technology  manufacturing  sites  as  achieving  the  REPowerEU  goals  will 
require diversifying the supply of renewable energy equipment and of critical raw materials, 
reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the EU’s 
clean energy technology manufacturing capacity.  

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• 

Consistency with other Union policies 

The proposal is an extraordinary measure, to be applied for a limited time, which is consistent 
with a broader set of initiatives to enhance the Union’s energy resilience and to mitigate the 
impact  of  high  energy  prices  and  potential  disruptions  of  the  energy  supplies.  The  proposal 
does  not  compromise  the  functioning  of  the  internal  market,  as  well  as  the  measures  for 
addressing  interrupted  energy  supplies  and  solidarity  mechanisms.  The  proposal  is  fully  in 
line  with  the  Commission’s  European  Green  Deal  ambition  for  faster  decarbonisation,  and 
roll-out  of  renewable  energy  projects  and  builds  upon  the  objectives  for  speeding  up  the 
reduction  in  dependency  on  Russian  fossil  fuels  by  deploying  renewable  energy  at  a  large 
scale  as  an  alternative  source.  The  proposal  is  in  line  with  environmental  objectives,  as 
accelerated  deployment  of  renewable  energy  is  key  to  mitigate  the  impacts  of  both  climate 
change  and  pollution,  which  are  driving  biodiversity  loss  and  threaten  public  health  and 
safety, in line with the objectives of the European Climate Law (Regulation (EU) 2021/1119).  

The proposal is in line with the recommendations made to Member States in the context of the 
2022 European Semester framework to streamline permitting of renewable energy projects. It 
is  also  expected  to  accelerate  investments  in  renewable  energy  under  the  Recovery  and 
Resilience  Facility,  including  REPowerEU  chapters  to  be  included  under  national  Recovery 
and Resilience Plans.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal  basis for this instrument is  Article 122(1) of the Treaty on  the  Functioning of the 
European Union (‘TFEU’). 

The  current  disruption  to  gas  supplies  and  resulting  impacts  on  gas  and  electricity  prices 
constitute  a  severe  difficulty  in  the  supply  of  energy  pursuant  to  Article  122  TFEU.  The 
weaponisation  of  gas  supply  and  the  Russian  Federation’s  manipulation  of  the  markets 
through intentional disruptions of gas flows have led not only to skyrocketing energy prices, 
but also to endangering security of supply. Soaring electricity prices are putting a significant 
burden  on  consumers  and  businesses,  and  if  no  action  is  taken,  they  risk  reaching 
unsustainable  levels,  which  could  have  significant  wider  social  and  economic  implications. 
EU  leaders  and  the  Commission  have  identified  the  urgent  need  for  additional  measures  to 
help  increase  access  to  renewable  energy  to  mitigate  the  impact  on  EU  citizens,  improve 
security  of  supply  and  be  better  prepared  for  the  coming  winter.  The  temporary  measures 
under  the  proposed  Regulation  aim  to  ensure  a  targeted  coordinated  approach  to  accelerate 
specific permit-granting procedures applicable to those renewable energy projects which have 
high  potential  of  immediate  and  effective  impact.  They  therefore  address  the  specific 
administrative authorisation bottlenecks for the implementation of these projects. 

• 

Subsidiarity (for non-exclusive competence)  

A cost-efficient, fast and large-scale deployment of sustainable renewable energy in line with 
the  ambition  of  the  European  Green  Deal  and  the  REPowerEU  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 and 

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pollution  reduction  targets  through  the  required  increased  deployment  of  renewables  than 
national or local action alone.  

Lengthy and complex administrative procedures are among the key barriers for investments in 
renewable  energies  and  their  related  infrastructure.  The  duration  and  complexity  of  the 
permit-granting  procedures  greatly  varies  between  different  renewable  energy  technologies 
and  between  Member  States.  Member  States  are  taking  action  on  addressing  permitting 
barriers identified at national level and are encouraged to continue doing so, for instance also 
via  the  collaborative  work  in  the  European  Commission’s  Single  Market  Enforcement 
Taskforce1. A coordinated European approach to shortening and simplifying permit-granting 
procedures and  administrative processes is  needed 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, its long-term objectives of climate neutrality and zero pollution 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 across all Member States, action at 
EU level is more likely to achieve the required objectives than national or local action alone. 

Finally, the proposed Regulation introduces targeted amendments to existing pieces of Union 
legislation.  This 
intervention,  which  will  further  streamline  certain  permit-granting 
procedures, justifies the need for action at Union level.  

• 

Proportionality 

The  initiative  complies  with  the  proportionality  principle.  In  view  of  the  unprecedented 
geopolitical situation created by Russia’s invasion of Ukraine, the continuous highly volatile 
energy  prices  and  the  need  to  ensure  Europe’s  energy  security  of  supply  for  the  upcoming 
winter season and throughout next year, there is a clear need for coordinated and urgent action 
to  immediately  accelerate  the  deployment  of  renewable  energy  sources  in  addition  to  the 
actions  proposed  by  the  Commission  as  part  of  the  REPowerEU  plan  of  18  May  2022. 
However,  the  identified  actions  are  limited  to  those  targeting  the  specific  administrative 
authorisation  bottlenecks  affecting  the  implementation  of  those  renewable  energy  projects 
which have a high potential of rapid and effective impact.  

  • 

Choice of the instrument 

Taking  into  account  the  urgent  need  to  accelerate  the  deployment  of  renewable  energy 
projects  to  replace  gas  and  given  the  scale  of  the  energy  crisis,  the  potential  of  its  social, 
economic and financial impacts and the urgency to mitigate them, the Commission deems it 
suitable to act by way of a regulation which is of general scope and directly and immediately 
applicable. The Regulation is time limited. This would result in a swift, uniform and Union-
wide approach as regards specific permit-granting procedures applicable to certain renewable 
energy projects to address the severe difficulties, which the Union is currently facing.   

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The European Commission together with the Member States are working in the Single Market 
Enforcement Taskforce (SMET) to find effective solutions to a number of barriers identified 
in the RES Simplify interim report:  https://data.europa.eu/doi/10.2833/239077 

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3. 

• 

STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS 

Stakeholder consultations 

On  20  and  21  October  2022,  the  European  Council,  in  its  conclusions,  called  for  a  fast-
tracking  of  the  simplification  of  permitting  procedures  in  order  to  accelerate  the  rollout  of 
renewables  and  grids  including  by  means  of  emergency  measures.  Due  to  the  urgency  to 
prepare the proposal  so  that it can be adopted on time by the Council, a  formal stakeholder 
consultation  could  not  be  carried  out.  However,  the  Commission  plans  to  engage  with 
stakeholders, and notably renewable energy producers, representatives of civil society and of 
national  administration,  for  ensuring  a  successful  implementation  of  this  Regulation.  The 
proposal  also  builds  on  extensive  discussions  with  stakeholders,  Member  States  and  the 
European  Parliament  in  the  context  of  the  preparation  of  the  proposal  for  a  revision  of 
Directive (EU) 2018/2001  of  18 May 2022, and  the subsequent  co-decision negotiations, as 
well as the RES Simplify project2. 

• 

Impact assessment 

Given  the  temporary  and  urgent  nature  of  the  measures  that  respond  to  an  emergency 
situation, an impact assessment could not be carried out. 

• 

Fundamental rights 

No  negative  impact  has  been  identified  on  fundamental  rights.  The  overarching  aim  of  this 
review  is  to  increase  the  use  of  renewable  energy,  which  is  in  line  with  Article  37  of  the 
Charter  of  Fundamental  Rights  of  the  European  Union,  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.  Furthermore,  streamlined  procedures  for  permit  granting  in  the 
proposed  Regulation  consider  the  need  to  protect  legitimate  expectations  and  existing 
investments,  and  therefore  will  not  jeopardise  the  right  to  own  and  use  lawfully  acquired 
possessions, as enshrined in Article 17 of the Charter of Fundamental Rights. The provisions 
of this Regulation are also drafted in a manner which does not negatively affect public health 
and the legal interests of the individuals.   

4. 

BUDGETARY IMPLICATIONS 

This proposal does not require additional resources from the EU budget. 

2 

https://www.eclareon.com/de/projects/res-simplify 

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2022/0367 (NLE) 

Proposal for a 

COUNCIL REGULATION 

laying down a framework to accelerate the deployment of renewable energy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 122(1) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The Russian Federation’s  military  aggression against Ukraine and the  unprecedented 
reduction  of  natural  gas  supplies  from  the  Russian  Federation  to  Member  States 
threaten the security of supply of the Union and its Member States. At the same time, 
the  weaponisation  of  gas  supply  and  the  Russian  Federation’s  manipulation  of  the 
markets through intentional disruptions of gas flows have led to skyrocketing energy 
prices in the Union, endangering not only the economy in the Union, but also seriously 
threatening  security  of  supply.  A  fast  deployment  of  renewable  energy  sources  can 
help to mitigate the effects of the current energy crisis, by forming a defence against 
Russia’s  actions.  Renewable  energy  can  significantly  contribute  to  counter  Russia’s 
weaponising  of  energy  by  strengthening  the  Union’s  security  of  supply,  reducing 
volatility in the market and lowering energy prices. 

In  May  2022,  the  Commission  adopted,  as  part  of  the  REPowerEU  Plan,  an 
amendment  to  Directive  (EU)  2018/20013.  This  amendment  increased  the  level  of 
ambition  of  the  2030  binding  EU  target  for  the  share  of  renewable  energy  in  the 
Union’s gross final energy consumption and addressed lengthy administrative permit-
granting procedures, which are one of the key barriers for investments in renewables 
and their related infrastructure. The impact of the proposed amendments to Directive 
(EU) 2018/2001 will be a significant scaling-up and speeding-up of renewable energy 
deployment  in  power  generation,  industry,  buildings  and  transport.  This  in  turn  will 
accelerate  the  phasing  out  of  Russian  fossil  fuels  and  will  contribute  to  lower 
electricity prices for citizens and businesses as well as improving security of supply of 
energy. However, such impact will materialise only in the medium to long term given 
that  the  amendment  of  Directive  (EU)  2018/2021  will  take  effect  only  after  the 
adoption, entry into force and transposition of the Directive by the Member States into 
their national legislation 

(3) 

Since May 2022, Russia’s actions have further aggravated the situation in the market, 
in  particular  by  increasing  the  risk  of  a  complete  halt  of  Russian  gas  supplies  to  the 
Union  in  the  near  future  which  has  affected  the  Union’s  security  of  supply.  This 
sharply increased the volatility of energy prices in the Union, sent gas and electricity 

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prices to all-time highs during the summer. This led to growing electricity retail prices, 
which are expected to continue gradually trickling down to most consumer contracts, 
increasingly  burdening  households  and  businesses.  The  aggravated  situation  in  the 
energy markets substantially contributed to the general inflation in the euro area and 
slowing down economic growth across the Union. This risk will persist regardless of 
any  temporary  reduction  of  wholesale  prices  and  will  be  even  more  pertinent  next 
year,  as  recognised  in  the  latest  emergency  proposal  by  the  Commission.4  European 
energy companies could face severe difficulties in filling gas storage next year, as it is 
highly probable that less or even no pipeline gas will arrive in the Union from Russia 
given the current political situation. In addition, the target for 2023, set out in the Gas 
Storage Regulation (EU) 2022/1032, is to fill 90% of Union’s gas storage capacities as 
opposed  to  80%  for  this  winter.  Also,  unpredictable  events  such  as  sabotage  of 
pipelines  and  other  risks  of  disruption  to  security  of  supply  could  create  additional 
tensions  on  gas  markets.  Additionally,  the  competitiveness  outlook  of  European 
renewable energy technology industries has been weakened by recent policies in other 
world  regions  aimed  at  providing  support  and  speeding  up  the  scale  up  of  entire 
renewable  energy  technology  value  chains.  These  are  all  elements  that  were  not 
factored in in the proposal for an amendment to Directive (EU) 2018/2001 of 18 May 
2022. 

In  this  context  and  in  order  to  tackle  the  exposure  of  European  consumers  and 
businesses  to  high  and  volatile  prices  causing  economic  and  social  hardship,  to  ease 
the required reduction in energy demand by replacing natural gas supplies with energy 
from  renewable  sources  and  to  increase  security  of  supply,  the  Union  needs  to  take 
further immediate action to accelerate the deployment of renewable energy sources, in 
particular  by  targeted  measures  which  are  capable  of  achieving  a  short  term 
acceleration of the pace of deployment of renewables in the Union. 

The urgent measures are selected because of their nature and potential to contribute to 
the solutions of the energy emergency in the short term. More particularly, several of 
the  measures  outlined  in  the  May  2022  proposal  to  streamline  the  permit-granting 
process  applicable  to  renewable  energy  projects  can  be  implemented  by  Member 
States  in  a  rapid  manner,  without  requiring  burdensome  changes  to  their  national 
procedures and legal systems and ensuring a positive acceleration of renewables in the 
short term. Some of these measures are of general scope, such as the introduction of a 
rebuttable presumption that renewable energy projects are of overriding public interest 
for  the  purposes  of  the  relevant  environmental  legislation,  or  the  introduction  of 
clarifications  regarding  the  scope  of  certain  environmental  Directives  as  well  as  the 
simplification  of  the  permitting  framework  for  the  repowering  of  renewable  energy 
plants by focusing on the impacts stemming from the changes or extensions compared 
to  the  original  project.  Other  measures  target  specific  technologies,  such  as  the 
significantly  shorter  and  faster  permit-granting  for  solar  equipment  on  existing 
structures. It is appropriate to implement these measures as quickly as possible, and to 
adapt them as necessary to accurately address the current challenges.  

(4) 

(5) 

(6) 

It  is  necessary  to  introduce  additional  targeted  measures  addressed  to  specific 
technologies  and  types  of  projects  which  have  the  highest  potential  for  quick 
deployment and immediate effect on the objectives of reducing the price volatility and 
reducing  the  natural  gas  demand  without  constraining  overall  energy  demand.  In 

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addition  to  the  acceleration  of  the  permit-granting  procedures,  for  solar  energy 
equipment  on  artificial  structures,  it  is  appropriate  to  promote  and  accelerate  the 
deployment of small-scale solar installations for renewables self-consumers including 
for  collective  self-consumers,  such  as  local  energy  communities,  since  these  are  the 
cheapest and most accessible options with least environmental or other type of impacts 
for  a  fast  roll-out  of  new  renewable  installations.  In  addition,  these  projects  directly 
support households and companies that face high energy prices and shield consumers 
from  price  volatility.  Repowering  of  renewable  energy  power  plants  is  an  option  for 
rapidly  increasing  renewable  energy  production  with  the  least  impact  on  the  grid 
infrastructure  and  the  environment,  including  in  the  case  of  those  renewable  energy 
production  technologies,  such  as  wind  power,  for  which  permitting  procedures  are 
typically longer. Lastly, heat pumps are a direct renewable alternative for natural gas 
boilers and have the potential to significantly reduce the natural gas demand during the 
heating season.  

One of the measures proposed consists of the introduction of a rebuttable presumption 
that  renewable  energy  projects  are  of  overriding  public  interest  and  serving  public 
health and safety, in particular, for the purposes of the relevant Union environmental 
legislation, except where there is clear evidence that these projects have major adverse 
effects on the environment which cannot be mitigated or compensated for. Renewable 
energy  plants,  including  heat  pumps  or  wind  energy,  are  crucial  to  fight  climate 
change and pollution, reduce energy prices, decrease the Union’s dependence on fossil 
fuels and ensure the Union’s security of supply.  Presuming renewable energy plants, 
including heat pumps, as being of overriding public interest and serving public health 
and  safety  would  allow  such  projects  to  benefit,  where  necessary,  from  a  simplified 
assessment  for  specific  derogations  foreseen,  in  particular,  in  the  relevant  Union 
environmental  legislation  with  immediate  effect.  In  order  to  address  the  increased 
urgency for action, in the light of events since May 2022, this rebuttable presumption 
should  apply  to  all  renewable  energy  projects  for  which  balancing  of  legal  interests 
takes  place  within  the  duration  of  the  present  regulation.  It  only  applies  to  new 
permitting procedures that start during the application of the regulation. 

This reflects the important role that renewable energy can play in the decarbonisation 
of  the  Union’s  energy  system,  in  offering  immediate  solutions  to  replace  fossil-fuel 
based energy and in addressing the aggravated situation in the market. 

In  order  to  eliminate  bottlenecks  in  the  permit-granting  process  and  operation  of 
renewable energy plants, in the planning and permit-granting process, the construction 
and  operation  of  energy  plants  from  renewable  sources  and  the  related  grid 
infrastructure development should be given priority when balancing legal interests in 
the  individual  case,  at  least  for  projects  which  are  recognised  as  being  of  public 
interest.  Concerning  species  protection,  the  preceding  sentence  should  only  apply  if 
and  to  the  extent  that  appropriate  species  conservation  measures  contributing  to  the 
maintenance  or  restoration  of  the  populations  of  the  species  at  a  favourable 
conservation status  are undertaken  and sufficient  financial resources as well as areas 
are made available for this purpose.  

(7) 

(8) 

(9) 

(10)  Solar  energy  is  a  key  source  of  renewable  energy  to  put  an  end  to  the  Union’s 
dependency on Russian fossil fuels  while achieving the transition  towards a climate-
neutral  economy.  Solar  photovoltaics,  which  is  one  of  the  cheapest  sources  of 
electricity available, and solar thermal technologies which provides renewable heating 

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at low costs per unit of heat, can be rolled out rapidly, and directly benefit citizens and 
businesses.  In  this  context,  in  line  with  the  EU  Solar  Energy  Strategy5,  the 
development of a resilient industrial solar value chain in the Union will be supported, 
including through the Solar PV Industry Alliance that will be launched at the end of 
2022. Accelerating and improving permit granting for renewable energy projects will 
technology 
help  underpinning  an  expansion  of 
manufacturing  capacity.  The  current  circumstances  and,  in  particular  the  very  high 
volatility  of  energy  prices,  calls  for  immediate  action  to  ensure  significantly  faster 
permit-granting  procedures  in  order  to  significantly  accelerate  the  pace  of  the 
installation  of  solar  equipment  on  artificial  structures,  which  are  generally  less 
complex than installations on the ground and which can rapidly contribute to mitigate 
the effects of the current energy crisis, provided that grid stability, grid reliability and 
grid  safety  are  maintained.  These  installations  should  therefore  benefit  from  shorter 
permit-granting procedures compared to other renewable energy projects.  

the  Union’s  clean  energy 

(11)  This proposal therefore introduces a maximum deadline of one month for the permit-
granting  process  for  the  installation  of  solar  energy  equipment  and  its  related  co-
located  storage  and  grid  connections  in  existing  or  future  artificial  structures  created 
for  purposes  different  than  solar  energy  production.  It  also  introduces  a  specific 
derogation  for  these  installations  from  the  need  to  carry  out  environmental 
assessments  under  Directive  2011/92/EU  given  that  they  are  not  likely  to  raise 
concerns  related  to  competing  uses  of  space  or  environmental  impact.  Investing  in 
small  decentralised solar energy installations to  become  renewable self-consumers is 
one of the most efficient means for energy consumers to reduce their energy bills and 
their  exposure  to  price  volatility.  Self-consumption  installations  including  for 
collective  self-consumers,  such  as  local  energy  communities,  also  contribute  to 
reducing overall natural gas demand, to increasing resilience of the system and to the 
achievement of the Union’s renewable energy targets.  Installations below 50 kW  are 
not likely to have major adverse effects on the environment or the grid and do not raise 
safety  concerns.  In  addition,  small  installations  of  renewable  self-consumers  do  not 
generally  require  capacity  expansion  at  the  grid  connection  point.  In  view  of  the 
immediate  positive  effects  of  this  type  of  installation  for  consumers  and  the  limited 
environmental impacts they may give rise to, it is appropriate to further streamline the 
permit-granting  process  applicable 
the  concept  of 
administrative  positive  silence  in  the  relevant  permit-granting  procedures  in  order  to 
promote and accelerate the deployment of these installations and to reap their benefits 
in the short term. 

introducing 

them  by 

to 

(12)  Repowering  existing  renewable  energy  plants  has  a  significant  potential  to  rapidly 
increase  renewable  power  generation,  thus  allowing  to  reduce  gas  consumption. 
Repowering  enables  the  continued  use  of  sites  with  significant  renewable  energy 
potential, which reduces the need to designate new sites for renewable energy projects. 
Repowering  a  wind  energy  power  plant  with  more  efficient  turbines  allows  the 
existing capacity to be maintained but with fewer, bigger and more efficient turbines 
or increasing the capacity. Repowering also benefits from the existing grid connection, 
a likely higher degree of public acceptance and knowledge of environmental impacts.  

(13) 

It is estimated that onshore wind capacity of 38 GW is reaching the end of its normal 
operational life of 20 years between 2021 and 2025. Decommissioning these capacities 

5 

COM/2022/221 final 

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(14) 

instead of repowering would lead to a substantial reduction of the currently installed 
renewable  energy  capacity,  further  complicating  the  situation  in  the  energy  market. 
Immediate  simplification  and  accelerated  permitting  for  repowering  are  crucial  for 
maintaining and increasing the renewable energy capacity in the Union. To this end, 
the proposed Regulation introduces additional measures.  

It  is  therefore  appropriate  to  introduce  measures  to  further  streamline  the  permit-
granting  process  applicable  to  the  repowering  of  renewable  energy  projects.  In 
particular,  the  maximum  deadline  of  six  months  applicable  to  the  permit-granting 
process  for  the  repowering  of  renewable  energy  projects  should  include  all  relevant 
environmental  assessments.  Moreover,  whenever  the  repowering  of  a  renewable 
energy  plant  or  of  a  related  grid  infrastructure  which  is  necessary  to  integrate 
renewable energy into the electricity system is subject to a screening or environmental 
assessment, these  should be limited to  assessing  the potential impacts  resulting from 
the change or extension compared to the original project.  

(15) 

In order to promote and accelerate the repowering of existing renewable energy plants, 
a simplified procedure for grid connections should be immediately established where 
the repowering results in a limited increase in total capacity compared to the original 
project.  

(16)  When  repowering  a  solar  installation,  increases  in  efficiency  and  capacity  can  be 
achieved without increasing the space occupied. The repowered installation thus does 
not have a different impact on the environment than the original installation as long as 
the  space  used  is  not  increased  in  the  process,  and  the  originally  required 
environmental mitigation measures continue to be complied with. 

(17)  Heat  pumps  are  a  key  technology  to  produce  renewable  heating  and  cooling  from 
ambient  energy, including from  wastewater treatment plants, and geothermal energy. 
They also allow the use of waste heat and cold. The rapid deployment of heat pumps 
which  mobilises  underused  renewable  energy  sources  such  as  ambient  energy, 
geothermal energy and waste heat from industrial and tertiary sectors, including data 
centres, makes it possible to replace natural gas and other fossil fuel-based boilers with 
a renewable heating solution, while increasing energy efficiency. This will accelerate 
the reduction in the use of gas for the supply of heating, both in buildings as well as in 
industry. In order to accelerate the installation and use of heat pumps, it is appropriate 
to  introduce  targeted  shorter  permit-granting  procedures  for  such  installations, 
including a simplified procedure for grid connection of smaller heat pumps unless no 
such procedure is required by national law. Thanks to a quicker and easier installation 
of heat pumps, the increased use of renewables in the heating sector, which accounts 
for  almost  half  of  the  Union’s  energy  consumption  will  contribute  to  security  of 
supply and help tackling a more difficult market situation. 

(18)  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  Matters  (‘the  Aarhus  Convention’)  regarding 
access to information, public participation in decision-making, and access to justice in 
environmental matters, and in particular, the obligations of Member States relating to 
public participation and to access to justice, remain applicable. 

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(19)  The principle of energy solidarity is a general principle under Union law6 and applies 
to all Member States. In implementing the principle of energy solidarity, the proposed 
measures  allow  for  cross-border  distribution  of  the  effects  of  faster  deployment  of 
renewable energy projects. They are addressed to renewable energy installations in all 
Member States and capture a wide scope of projects, including on existing structures, 
new  installations  of  solar  energy  equipment  of  renewables  self-consumers  and 
repowering of existing installations. Given the degree of integration of Union energy 
markets,  any increase in renewable energy deployment  in  a Member State  should be 
beneficial  also  for  other  Member  States  in  terms  of  security  of  supply  and  lower 
prices. It should help renewable electricity flow across the borders to where it is most 
needed and ensure that cheaply produced renewable electricity is exported to Member 
States  where  the  electricity  production  is  more  expensive. In  addition,  the  newly 
installed renewable energy capacities in the Member States will have an impact on the 
overall gas demand reduction across the Union.  

(20)  Article  122(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union  allows  the 
Council  to  decide,  on  a  proposal  from  the  Commission  and  in  a  spirit  of  solidarity 
between the Member States, upon the measures appropriate to the economic situation, 
in particular if severe difficulties arise in the supply of certain products, notably in the 
area of energy. In the light of recent events and Russia’s actions since May 2022, the 
high  risk  of  a  complete  halt  of  Russian  gas  supplies,  combined  with  the  uncertain 
outlook for alternatives, pose a significant threat of disruption of the energy supplies, 
further  increase  of  the  energy  prices  and  consequential  pressure  on  the  Union’s 
economy. Therefore, additional urgent action is necessary. 

(21)  Considering  the  scale  of  the  energy  crisis,  the  level  of  its  social,  economic  and 
financial impact and the need to act as soon as possible, this Regulation should enter 
into  force  as  a  matter  of  urgency  on  the  day  following  that  of  its  publication  in  the 
Official  Journal  of  the  European  Union.  Its  validity  is  limited  to  one  year,  with  a 
review clause in order to allow extending its validity, if necessary.   

(22)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member 
States,  but  can  rather  be  better  achieved  at  Union  level,  the  Union  may  adopt 
measures, in accordance with the principle of subsidiarity 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  Regulation  does  not  go  beyond  what  is  necessary  to  achieve 
that objective. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Definitions 

For the purpose of this Regulation, the following definitions apply: 

(1) 

‘permit-granting process for renewable energy projects’ means the process: 

(a) 

comprising  all  relevant  administrative  permits  issued  to  build,  repower 
and operate plants for the production of energy from renewable sources 
including  heat  pumps,  co-located  energy  storage  facilities,  and  assets 

6 

Judgment of the Court of Justice of 15 July 2021, Germany v Poland, C-848/19 P, ECLI:EU:C:2021:598. 

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necessary  for  their  connection  to  the  grid,  including  grid  connection 
permits and environmental assessments where these are required; and  

(b)  which starts from the acknowledgment of the reception of the application 
by  the  relevant  authority  and  ends  with  the  notification  of  the  final 
decision on the outcome of the procedure by the relevant authority; 

(2) 

‘solar  energy  equipment’  means  equipment  that  converts  energy  from  the  sun  into 
thermal  or  electrical  energy,  in  particular  solar  thermal  and  solar  photovoltaic 
equipment. 

(1) 

(2) 

(1) 

Article 2 

Overriding public interest 

The  planning,  construction  and  operation  of  plants  and  installations  for  the 
production  of  energy  from  renewable  sources,  and  their  connection  to  the  grid  and 
the related grid itself and storage assets shall be presumed as being in the overriding 
public interest and serving public health and safety when balancing legal interests in 
the individual cases, in  particular, 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.  This  only  applies  to  new  permitting  procedures  that  start 
during the application of the regulation. 

.Where a specific project has implemented 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,  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 Member States shall ensure, at least 
for  projects  which  are  recognised  as  being  of  overriding  public  interest,  that  in  the 
planning  and  permit-granting  process,  the  construction  and  operation  of  energy 
plants  from  renewable  sources  and  the  related  grid  infrastructure  development  is 
given  priority  when  balancing  legal  interests  in  the  individual  case.  Concerning 
species protection, the preceding sentence shall  only apply if and to  the  extent that 
appropriate  species  conservation  measures  contributing  to  the  maintenance  or 
restoration  of  the  populations  of  the  species  at  a favourable  conservation  status  are 
undertaken and sufficient financial resources as well as areas are made available for 
this purpose 

Article 3 

Permit-granting process for the installation of solar energy equipment  

The  permit-granting  process  for  the  installation  of  solar  energy  equipment  and  co-
located  energy  storage  assets,  including  building-integrated  solar  installations,  in 
existing or future artificial structures, with the exclusion of artificial water surfaces, 
shall not exceed one month, provided that the primary aim of such structures is not 
solar  energy  production.  By  way  of  derogation  from  Article  4(2)  of  Directive 
2011/92/EU,  and  Annex  II,  points  3(a)  and  (b),  read  alone  or  in  conjunction  with 
point 13(a) of Annex II to that Directive, such installations of solar equipment shall 
be  exempted  from  the  requirement,  if  applicable,  to  be  subject  to  a  determination 

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(2) 

(3) 

(1) 

(2) 

(3) 

(4) 

whether  the  project  requires  an  environmental  impact  assessment  or  from  the 
requirement to carry out a dedicated environmental impact assessment.  

For the installation of solar energy  equipment  of  renewables self-consumers with  a 
capacity  of  50  kW  or  less,  the  lack  of  reply  by  the  relevant  authorities  or  entities 
within  one  month  following  the  application  shall  result  in  the  permit  being 
considered as granted. 

All  decisions  resulting  from  the  above  permit-granting  processes  shall  be  publicly 
available. 

Article 4 

Repowering of renewable energy power plants 

The permit-granting process for repowering of projects, including the permits related 
to  the  upgrade  of  the  assets  necessary  for  their  connection  to  the  grid  where  the 
repowering results in an increase in capacity, shall not exceed  six months including 
environmental assessments where required by relevant legislation.   

Where the repowering does not result in an increase in the capacity of the renewable 
energy  power  plant  beyond  15%,  and  without  prejudice  to  the  need  to  assess  any 
potential environmental impacts pursuant to the third paragraph of this Article, grid 
connections  to  the  transmission  or  distribution  grid  shall  be  permitted  within  one 
month  following  application  to  the  relevant  entity  unless  there  are  justified  safety 
concerns or there is technical incompatibility of the system components.  

Where  the  repowering  of  a  renewable  energy  power  plant  or  of  a  related  grid 
infrastructure which is necessary to integrate renewables into the electricity system,  
is  subject  to  a  determination  whether  the  project  requires  an  environmental  impact 
assessment procedure or an environmental impact assessment pursuant to Article 4 of 
Directive  2011/92/EU,  such  prior  determination  and/or  environmental  assessment 
shall  be  limited  to  the  potential  impacts  stemming  from  the  change  or  extension 
compared to the original project.  

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  installation,  the  project  shall  be  exempted  from  the  requirement,  if 
applicable,  to  be  subject  to  a  determination  whether  the  project  requires  an 
environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU. 

(5) 

All decisions resulting from permit-granting processes shall be publicly available. 

Article 5 

Acceleration of the deployment of heat pumps 

(1) 

(2) 

The permit-granting process for the installation of heat pumps shall not exceed three 
months.  

Grid connections to the transmission or distribution grid shall be permitted following 
notification to the relevant entity for:  

(a) 

 heat pumps of up to 12 kW capacity; and 

(b)  heat  pumps  installed  by  a  renewables  self-consumer  pursuant  to  Article 
2(14) of Directive (EU) 2018/2001 of up to 50 kW capacity, provided the 

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capacity  of 
the  renewables  self-consumer's  renewable  electricity 
generation installation amounts to at least 60% of the capacity of the heat 
pump. 

unless there are justified safety concerns or there is technical incompatibility of the system 
components. 

(3) 

All decisions resulting from permit-granting processes shall be publicly available. 

Article 6 

Entry into force and application 

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

It shall apply for a period of one year from its entry into force.  

Article 7 

Review 

By  1  July  2023  at  the  latest,  the  Commission  shall  carry  out  a  review  of  this Regulation  in 
view of the development of the security of supply and energy prices and the need to further 
accelerate the deployment of renewable energy. It shall present a report on the main findings 
of that review to the Council. The Commission may, based on that report, propose to prolong 
the validity of this Regulation. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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