Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy
Date: 2023-11-28
Institutions: Directorate-General for Energy, European Commission
Subjects: EU energy policy, Russia, carbon neutrality, energy crisis, energy efficiency, energy production, price of energy, renewable energy, renewable resources, security of supply

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   EUROPEAN COMMISSION  Brussels, 28.11.2023  COM(2023) 763 final 2023/0445 (NLE)  Proposal for a COUNCIL REGULATION amending Regulation (EU) 2022/2577 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 

In  2022,  the  international  tensions  following  Russia’s  invasion  of  Ukraine,  the  overall 
geopolitical  context  and  the  very  high  energy  prices  exacerbated  the  need  to  accelerate  the 
deployment  of  renewable  energy  in  the  Union  with  the  objective  to  phase  out  EU’s 
dependence on Russian fossil fuels. 

In  particular  in  the  second  half  of  2022,  the  situation  of  the  energy  crisis  had  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 caused economic and social hardship, placing a heavy burden on citizens and on 
the economy. Rising energy costs  lead 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  led  to  significant  increases  in  prices  and  volatility  of  gas  and 
electricity prices in the EU. 

Faster deployment of renewables was considered necessary to strengthen the Union’s security 
of supply and lower energy prices as it immediately and structurally reduces demand for fossil 
fuels in the power, heating and cooling, industry and transport sectors. In addition, as a result 
of their low operational costs, renewables can positively impact energy prices across the EU. 

In this context, on 22 December 2022 the Council adopted Regulation (EU) 2022/2577 laying 
down a framework to accelerate the deployment of renewable energy. This Regulation aimed 
to shorten and accelerate the permit-granting procedures for renewable energy projects as well 
as for grid and infrastructure projects that are needed to integrate renewable energy into the 
electricity system. If not prolonged, the Regulation will cease to apply on 30 June 2024. This 
proposal  seeks  to  prolong  the  application  of  some  of  the  provisions  of  Regulation  (EU) 
2022/2578 in view of the persisting risks for the Union’s security of energy supply and high 
energy prices in the Union as well as the important role of quicker renewables deployment in 
addressing them. 

1.1.1.  Reasons for prolonging the Regulation’s provisions in the current situation 

At the date of adoption of this proposal, significant risks associated with the volatility of gas 
and  electricity  prices  and  the  security  of  supply  in  the  Union  persist.  They  stem  from  the 
difficult situation in the energy markets, exacerbated by tense geopolitical environment.  

Due to the significant decrease in Russian pipeline gas imports over the past year, availability 
of gas supplies to the Union is considerably reduced compared to the pre-crisis situation. With 
the  current  level  of  gas  imports,  the  Union  is  expected  to  receive  approximately  20  bcm  of 
Russian pipeline imports in 2023, approximately 110 bcm less than in 2021.  

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Global gas markets remain very tight and are expected to remain as such for some time. As 
noted by the IEA,1 global LNG supply grew only  modestly in 2022 (4%) and in 2023 (3%) 
because  of  “limited  liquefaction  capacity  additions,  outages  at  major  export  facilities  and 
declining  feedgas  supply  at  LNG  plants  fed  by  ageing  fields”.  Significant  new  LNG 
liquefaction  capacity  globally  (especially  in  the  US  and  Qatar)  is  set  to  come  online  as  of 
2025  but  “market  balances  remain  precarious  in  the  immediate  future”.2  This  situation  is 
having negative consequences on gas prices which, despite being much lower than the peak 
experienced  in  summer  2022  (when  prices  spiked  above  300  €/MWh)  )  remain  more  than 
twice as high as pre-crisis levels (ranging between EUR 40/MWh and EUR 50/MWh in early 
Autumn  2023)  with  inevitable  repercussions  on  the  EU  citizens’  purchasing  power  and  the 
competitiveness of European businesses. Market volatility is also a consequence of the market 
tightness  and  represents  an  additional  risk  for  the  EU  economy.  Summer  and  autumn  2023 
saw a number of episodes of significant volatility which show that gas markets are still fragile 
and  may  overreact  to  any  unexpected  and  sudden  shock  to  supply  and  demand,  as  was  the 
case  following  the  strike  in  Australian  LNG  facilities,  the  Middle  East  crisis  and  the 
disruption  of  the  Balticconnector.  Under  these  conditions,  the  fear  of  scarcity  may  trigger 
large reactions with serious repercussions on prices across the EU.  

These  severe  difficulties  are  exacerbated  by  a  number  of  additional  risks  which,  if  they 
materialised,  would  considerably  worsen  the  situation.  These  risks  include:  a  rebound  in 
Asian LNG demand that reduces the availability of gas on the global  gas market,34  extreme 
weather  conditions  potentially  affecting  hydropower  storage  or  nuclear  production  which 
would require higher recourse to gas-fired power generation, and further possible gas supply 
disruptions, including a complete halt of gas imports from Russia, or a disruption of existing 
critical  gas  infrastructure.  Moreover,  armed  conflicts  affect  several  regions  relevant  for  EU 
energy supply, such as Ukraine, Azerbaijan, or Middle East. 

Recent examples illustrate the likelihood and relevance of the risks related to the disruption of 
energy infrastructure. In September 2022, the NordStream 1 pipeline was damaged by acts of 
sabotage to such a degree that it currently cannot transport any gas and will not be able to do 
so  in  the  foreseeable  future.  In  October  2023,  the  Balticconnector,  an  important  pipeline 

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2 

IEA: Medium-Term Gas Report 2023 

IEA: World Energy Outlook 2023 

3 
IEA noted that “Global gas demand is expected to return to moderate growth in 2024, primarily driven 
by Asia Pacific and the Middle East” and that the Asian-Pacific demand is expected “to expand by 20% by 2026 
compared with 2022”, see Medium-Term Gas Report 2023. 
4 
Domestic  shortfalls  in  hydro  and  nuclear  power,  due  to  climatic  conditions  and  other  availability 
factors, exacerbated the stress on gas market pushing prices further up in summer 2022. The production gap in 
hydro and nuclear generation in 2022 was approximately 60 TWh and 120 TWh, respectively, compared with 
2021. 

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connecting Finland to Estonia, was disrupted. Following the incident, the Finnish authorities 
declared an alert level which indicates a significant deterioration of the gas supply situation.5  

It should be also noted that the significant reduction in demand for natural gas (-18% between 
August  2022  and  August  2023)  is  contributing  to  preserve  the  gas  balance  in  the  EU.  This 
reduction  is  a  result  of  economic  factors  (e.g.  high  prices)  and  administrative  measures 
adopted  by  Member  States  pursuant  to  Regulation  (EU)  2022/1369  and  its  prolongation 
Regulation  (EU)  2023/706  on  coordinated  gas  demand  reduction.  A  possible  increase  in 
demand, due to a rebound in the gas use in the residential, commercial and industrial sectors 
or in case the administrative measures aimed at reducing demand were not prolonged further, 
represents an additional risk that could undermine EU’s security of gas supply.    

In  three  subsequent  reports  of  December  2022,  February  and  July  2023,  the  International 
Energy Agency (IEA) has consistently highlighted the risks for the EU security of gas supply 
and warned against complacency in the light of the improvement of the situation compared to 
the peak of the crisis in summer 2022.  According to the report of February 2023, “global gas 
supply is  set  to  remain tight in  2023 and the global  balance is  subject  to an unusually wide 
range  of  uncertainties  and  exogenous  risk  factors.  This  includes  the  possibility  of  complete 
cessation  of  Russian  piped  gas  deliveries  to  the  European  Union,  as  well  as  a  recovery  of 
China’s  LNG  imports  in  line  with  the  country’s  long-term  LNG  contracts  and  a  potential 
lower availability of LNG supply”. The IEA warned that “the improved outlook should not be 
a distraction from the measures necessary (…) to mitigate the European Union’s exposure to 
the exogenous risks”.6 It developed stress scenarios with a halt to Russian gas supplies, LNG 
supplies  remaining  tight  and  weather-related  demand  increases,  which  could  result  in  a 
potential  supply-demand  gap  of  40  bcm  in  the  EU.  In  its  report  of  July  2023,  the  IEA 
highlighted  that  “risks  and  uncertainties  remain  ahead  of  the  2023/24  Northern  Hemisphere 
winter”  and  “full  storage  sites  are  no  guarantee  against  winter  volatility  and  the  risk  of 
renewed market tensions”.7 

In addition, the European Network of Transmission System Operators (ENTSOG) published 
its  yearly  Winter  Supply  Outlook  with  a  summer  overview,  in  line  with  Article  8  of 
Regulation (EC) 715/2009. ENTSOG concluded that although the general security of supply 
situation in the EU has significantly improved, additional measures may be needed if the risk 
of a full Russian supply disruption is realised. In addition, careful management of the storages 
throughout the winter of 2023-2024 is needed, as a 46% filling level is likely needed at the 
beginning of the injection season to achieve the 90% storage target set out by Regulation (EU) 
2022/1032, 

https://www.huoltovarmuuskeskus.fi/en/a/nesa-raising-its-risk-assessment-concerning-the-security-of-

According to IEA, European gas demand is forecast to grow by 2% in 2024. See Medium-Term Gas 

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gas-supply 
6 
Report 2023. 
7 
ec5e9b14feca/GlobalGasSecurityReview2023IncludingtheGasMarketReportQ32023.pdf.  In  early  November 
2023, the EU gas inventories reached a record high at above 99% capacity. 

https://iea.blob.core.windows.net/assets/f45a2340-8479-4585-b26e-

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The  Union’s  response  under  REPowerEU  and  following  initiatives,  including  the  measures 
set  out  in  Regulation  (EU) 2022/2577  as regards the accelerated deployment  of renewables, 
contributed to improve the situation as concerns the security of supply and the energy prices. 
In view of the interconnectivity of the power systems between Member States, the increased 
share  of  renewable  energy  production  in  one  Member  State  can  help  easing  a  shortage  in 
another  Member  State,  thus  fostering  solidarity  in  the  face  of  this  crisis.  An  accelerated 
deployment  of  renewable  energy  capacity  has  played  and  will  continue  to  play  an  essential 
role in the Union strategy to address the energy crisis and has been instrumental in increasing 
security of supply and in protecting consumers from price volatility by reducing the Union’s 
overall  gas  demand.  The  International  Energy  Agency  estimated  that  average  wholesale 
electricity  prices  would  have  been  8%  higher  in  all  European  markets  in  2022  without  the 
additional installed capacity.8 While most of the effects of the Regulation will be visible in the 
months  to  come,  initial  available  data  on  the  production,  deployment  and  permitting  of 
renewable energy and related infrastructure projects for the period after the entry into force of 
the  Regulation  suggests  acceleration  of  such  projects,  at  least  in  some  Member  States. 
According to Eurostat, in the first half of 2023, renewable energy production in the EU was 
record high, which is key to continue replacing additional volumes of gas.9 The Commission’s 
report  also  highlights  positive  developments  in  terms  of  increase  in  renewable  energy 
deployment in the months following the entry into force of Regulation 2022/2577. According 
to initial industry data, the EU has installed in three quarters of 2023 more solar photovoltaic 
capacities  than  in  the  whole  2022.  Wind  capacity  also  significantly  increased  in  several 
Member  States.  Available  data  also  signals  that  several  Member  States  have  experienced 
double-digit increases in the volume of permits issued for renewable energy projects since the 
entry into force of the Regulation.  Additionally, at  least  in  one Member  State, grid projects 
important for increased penetration of renewables and amounting to over 2000 km in total are 
also benefitting from accelerated permitting.  

Should  Regulation  (EU)  2022/2577  cease  to  apply,  while  the  significant  risks  persist,  this 
would undermine the achieved improvement as  well as the EU’s resilience against potential 
developments as a complete halt of Russian imports.  

According  to  Article  9  of  Regulation  (EU)  2022/2577,  the  Commission  shall  review  that 
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. On the basis of such review, 
the  Commission  may  propose  to  prolong  the  validity  of  this  Regulation.  The  Commission 
carried  out  such  a  review  and,  on  28  November  2023,  adopted  the  Report  presenting  its 
results10.  The  Report  concluded  that  the  application  of  Regulation  (EU)  2022/2577  had  a 
positive impact on the acceleration of the deployment of renewable energy in the Union and 
consequently helped mitigating the effects of the energy crisis. Taking into account the above-
mentioned factors and the fact that some of the provisions of Regulation (EU) 2022/2577 are 
very similar to those in Directive (EU) 2023/2413 amending the Renewable Energy Directive 

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How much money are European consumers saving thanks to renewables? – Renewable Energy Market 
Update - June 2023 – Analysis - IEA. 
https://ec.europa.eu/eurostat/databrowser/product/view/nrg_cb_pem.  
COM(2023) 764 final. 

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(EU)  2018/2001,  the  Report  also  concluded  that  the  conditions  for  a  prolongation  of  the 
Regulation are met.  

Regarding  the  scope  of  the  prolongation,  the  Report  takes  into  account  the  relationship 
between Regulation (EU) 2022/2577, which is a temporary emergency measure, and Directive 
(EU)  2023/2413  amending  Directive  (EU)  2018/2001,  which  is  a  permanent  ordinary 
legislative  act.    In  particular,  there  is  an  assessment  to  delimit  which  measures  from 
Regulation  (EU)  2022/2577  were  not  reflected  in  the  permanent  legal  framework  on 
renewable energy established in Directive (EU) 2018/2001, so that the prolongation of some 
of the provisions of the Regulation does not duplicate the provisions of the Directive. 

In the light of the conclusions of the Report, considering the persisting severe difficulties and 
risks for the EU’s security of gas supply and for the volatility of energy prices as well as the 
positive  effects  that  accelerated  deployment  of  renewable  energy  is  expected  to  have  on 
addressing  them,  it  is  necessary  and  urgent  to  prolong  those  parts  of  Regulation  (EU) 
2022/2577  which  are  different  than  those  incorporated  in  Directive  (EU)  2023/2413  and 
which  have  been  proved  effective  or  have  the  potential  to  significantly  accelerate  the 
deployment  of  renewable  energy.  Hence,  this  Proposal  seeks  to  partially  prolong  the 
application of Articles 1, 2(1), 3(2),  5(1)  and 6 and 8 of  Regulation  (EU) 2022/2577  laying 
down a framework to accelerate the deployment of renewable energy. In addition, in view of 
the challenges raised by some Member States regarding the practical application of Article 3, 
and  since  these  challenges  pose  a  major  obstacle  to  accelerating  the  deployment  of 
renewables, as mentioned in the Report, this proposal adds a new provision to streamline the 
assessment on whether a project can be granted environmental derogations. 

• 

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  which  ensure  that  citizens  can 
benefit from accelerated deployment of renewable energy and replacement of the demand for 
fossil fuels with clean energy. The proposal is complementary to the initiatives already taken 
by the Commission to respond to the current crisis in energy markets. It is consistent with 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.  

Furthermore, the proposal complements Directive (EU) 2023/2413 amending the Renewable 
Energy  Directive  (EU)  2018/2001  that  was  adopted  on  9  October  2023  to  provide  for 
amended rules for renewables on a permanent basis. This Directive entered into force on 20 
November  2023.  It  includes  extensive  provisions  to  streamline  permitting  procedures 
applicable to renewable energy projects in a comprehensive manner through spatial planning, 
simplification  and  shortening  of  procedures.  All  permitting  rules  of  Directive  (EU) 
2023/2413, except those related to “renewables acceleration” areas, have to be transposed by 
1 July 2024, immediately after the expiry of the validity of the Council Regulation. Directive 
(EU)  2023/2413  includes  provisions  covering  the  same  subject  matters  as  Regulation 
2022/2577. However, for some of the provisions there is a substantive difference compared to 
the  text  of  Regulation  2022/2577.  This  includes  in  particular  Article  3  of  the  Council 
Regulation, which  regulates  the overriding public interest  presumption  but, unlike Directive 
(EU)  2023/2413,  contains  a  second  subparagraph  which  requires  Member  States  to  give 
priority to the projects that are recognised as being of overriding public interest whenever a 
balancing  of  legal  interests  is  required  in  the  individual  case.  Also,  as  regards  the  permit-

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granting  process  for  the  repowering  of  renewable  energy  plants,  Article  5  of  the  Council 
Regulation contains a short six-months deadline for all permits applicable to the repowering 
of renewable energy projects, while Directive (EU) 2023/2413 contains a deadline of one year 
for the repowering of projects outside renewable acceleration areas and a six month deadline 
for  projects  located  in  renewable  acceleration  areas.  Lastly,  Article  6  of  the  Regulation 
provides  for  different  conditions  to  make  use  of  some  exemptions  from  environmental 
legislation than the ones established in Directive (EU) 2023/2413.  

Regulation (EU) 2022/2577 and the current proposal are consistent with the European Green 
Deal objectives, in particular the development of a power sector based largely on renewable 
sources, their integration into the energy system, and the faster roll-out of renewable energy 
projects  as  a  tool  to  cut  down  the  EU’s  greenhouse  gas  emissions  in  view  of  the  long-term 
strategy of achieving carbon neutrality by 2050. 

• 

Consistency with other Union policies 

Regulation (EU) 2022/2577 and this proposal are 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 and does not affect the measures for addressing interrupted 
energy  supplies.  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.  The 
proposal is also consistent with the objectives of the European Climate Law (Regulation (EU) 
2021/1119). 

The proposal is 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  conditions  for  the  application  of  this  provision  require  that 
the  measure  is  “appropriate  to  the  economic  situation”,  which  is  in  particular  the  case  if 
“severe difficulties in the supply of certain products” exist. The measures must also be taken 
in  a  “spirit  of  solidarity”,  and,  according  to  the  case  law  of  the  Court  of  Justice  of  the 
European Union, they must be temporary and proportionate. 

The current and on-going shortage of gas supplies constitutes a severe difficulty in the supply 
of  an  energy  product  pursuant  to  Article  122  TFEU.  As  explained  above  in  section  1 
(“Reasons  for  and  objectives  of  the  proposal”),  severe  difficulties  and  risks  for  the  EU 
security of gas supply and volatility of energy prices persist.   

The acceleration in the deployment of renewable capacity played an important role in the EU 
strategy to fight the energy crisis and has been instrumental in increasing security of supply 
and keeping energy prices in check. The main reason here was the replacement of natural gas 
by renewables, especially in the power sector, which then impacted overall gas demand.  

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Should  certain  measures  set  out  in  Regulation  (EU)  2022/2577,  which  have  the  greatest 
potential  for  renewables  acceleration  and  are  different  than  those  incorporated  in  Directive 
(EU)  2023/2413,  cease  to  apply,  a  key  tool  to  accelerate  the  deployment  of  renewable 
capacity  would  no  longer  be  available  to  the  Member  States,  in  a  time  where  the  energy 
supply situation in the Union is still difficult.  

Specific provisions of the Regulation are therefore necessary beyond June 2024, in addition to 
to address the severe difficulties and the potential risks for prices that could arise because of 
the  current  fragile  balance  in  the  EU  gas  system.  The  accelerated  rollout  of  renewables  has 
proven  its  ability  to  reduce  risks  for  the  Union’s  security  of  supply,  especially  for  gas  and 
electricity,  and  has  contributed  to  reduce  energy  prices  for  EU  citizens  and  businesses. 
Member States should be able to continue to apply, for a limited period of time beyond June 
2024,  some  of  the  provisions  in  Regulation  (EU)  2022/2577  in  order  to  facilitate  the 
deployment  of  renewable  energy  projects  in  a  spirit  of  solidarity,  on  the  basis  that  in  an 
integrated  energy  market,  any  increase  in  renewable  energy  deployment  in  a  Member  State 
can also benefit other Member States. 

The emergency procedure foreseen in Article 122(1) TFEU applies without prejudice to other 
procedures foreseen under the Treaties. The reference to other procedures provided for in the 
treaties  underscores  the  exceptional  and  temporary  nature  of  the  measures  that  may  be 
adopted  under  Article  122(1)  TFEU.  The  urgent  and  still  unstable  situation  in  the  energy 
market  and  the  urgent  need  to  immediately  accelerate  the  deployment  of  renewable  energy 
sources  as  an  instrument  to  mitigate  the  existing  risks  to  the  security  of  energy  supply  and 
volatility  of  energy  prices  call  for  such  emergency  and  temporary  measures.  Moreover,  the 
upcoming  end  of  the  mandate  of  the  European  Parliament  and  the  time  usually  required  to 
adopt legislation under the ordinary legislative procedure resulted in such procedure not being 
an appropriate option to have the temporary measures in place in time, also bearing mind the 
need for predictability and legal certainty for Member States and project developers regarding 
the  applicable  legal  framework.  It  is  therefore  justified  to  base  the  proposed  instrument  on 
Article 122(1) TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

This proposal is fully in line with the subsidiarity principle.   

A fast and large-scale deployment of renewable energy cannot be achieved by Member States 
alone. Taking into account the different energy policies among Member States, action at EU 
level, rather than national or local action alone, is more likely to phase out EU’s dependence 
on  Russian  fossil  fuels  and  reduce  energy  prices,  as  well  as  achieve  the  EU  climate  and 
energy 2030 targets, the EU long-term objectives of climate neutrality and zero pollution.  

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.  Considering  the  different  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. 

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• 

Proportionality 

This proposal complies with the proportionality principle. The measure is proportional to the 
dimension and nature of the problems defined and the achievement of the set objectives. 

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.  

The  provisions  of  this  proposal  seek  to  ensuring  shorter  and  faster  procedures  to 
authorise renewable energy projects by establishing short deadlines and simplifying the 
assessment  that  those  projects  must  undergo  under  Union  legislation,  while  keeping  a 
proportionate level of environmental safeguards related to species protection.  

• 

Choice of the instrument 

Taking into account the  dimension of the energy crisis and the scale of its social, economic 
and financial impact, the provisions that the current proposal seeks to prolong are contained in 
a  regulation,  which  is  of  general  scope  and  directly  and  immediately  applicable. The 
prolongation of the period of application of these provisions should, therefore, also be done 
through the adoption of a regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Due to the urgency to prepare the proposal for prolongation of Regulation (EU) 2022/2576 , a 
stakeholder consultation could not be carried out.  

• 

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 
proposal  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. 

4. 

BUDGETARY IMPLICATIONS 

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

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The changes proposed are targeted and limited in scope to prolong by 12 months the period of 
application of Articles 1, 2(1), first sentence of Article 3(2), 5(1), and 6 and 8 relating to the 
permit-granting process.  

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Regarding  Article  3(2),  its  second  sentence  refers  to  species  protection  which  is  linked  to 
Article  3(1).  The  proposal  does  not  prolong  Article  3(1)  since  the  same  presumption  is 
contained  in  Directive  (EU)  2023/2413.  For  this  reason,  it  is  proposed  to  prolong  the  first 
sentence of Article 3(2) only.  

There are also amendments to Articles 1, 5 and 8. Regarding Article 5, the amendment seeks 
to  that  as  of  1  July  2024,  the  6-month  time  limit  for  the  permit-granting  process  for  the 
repowering  of  projects  will  only  apply  to  renewable  energy  projects  located  in  a  dedicated 
renewable area as referred to in Article 6 of the Regulation.  Regarding Articles 1 and 8, the 
amendment seeks to target the scope of those provisions to Article 5(1).  

A new article 3a is introduced to specify that the assessment of alternatives in the context of 
the relevant environmental assessments should take into account those alternatives that ensure 
the achievement of the same objectives as the project in question in terms of deployment of 
renewable energy capacity using the same renewable technology, same or similar timeframe 
and at no significantly higher cost. Regarding the timing of the proposed changes, the articles 
of  Regulation  (EU)  2022/2577  will  remain  in  force  in  their  current  form  until  end  of  June 
2024. Articles 1, 2(1), 3(2) first sentence, 5(1), 6 and 8 will continue to apply for an additional 
12 months, until the end of June 2025. In the case of Articles 3(2) of 5(1), it will apply in a 
revised  form  during  this  additional  period.  The  new  Article  3a  applies  from  the  entry  into 
force of this Regulation until 30 June 2025.  

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2023/0445 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) 2022/2577 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) 

Council  Regulation  (EU)  2022/2577  introduces  urgent  and  targeted  measures  to 
accelerate  the  pace  of  deployment  of  renewable  energy  sources.  The  deployment  of 
renewable  energy  in  the  Union  can  significantly  contribute  to  mitigate  the  effects  of 
the energy crisis, by strengthening the Union’s security of supply, reducing volatility 
in  the  market  and  lowering  energy  prices.  As  lengthy  and  complex  permitting 
procedures  formed  a  key  obstacle  hampering  the  speed  and  scale  of  investments  in 
renewables and related infrastructure, Regulation (EU) 2022/2577 aimed to introduce 
targeted measures to achieve an immediate acceleration of some of the permit-granting 
procedures applicable to specific renewable energy technologies and types of projects 
with the highest potential for quick deployment in order to mitigate the effects of the 
energy crisis. Regulation (EU) 2022/2577 applies until 30 June 2024.  

Directive (EU) 2023/2413 of the European Parliament and the Council, which amends 
Directive  (EU) 2018/2001  of  the  European  Parliament  and  the  Council  entered  into 
force  on  20  November  2023,  introducing  changes  to  the  legislative  framework 
regulating renewable energy until 2030 and beyond, including provisions to streamline 
permitting procedures applicable to renewable energy projects. Some of the measures 
introduced by Regulation (EU) 2022/2577 were included by Directive (EU) 2023/2413 
in Directive (EU) 2018/2001. However, the Directive did not mirror some of the more 
exceptional  measures  contained  in  Regulation  (EU)  2022/2577,  thus  delimiting  their 
exceptional and temporary nature. Instead, the Directive introduced a stable and long-
term  permanent  regime  to  accelerate  permit-granting  procedures  which  establishes 
dedicated steps and procedures which require a longer implementation time. Member 
States have the obligation to transpose it by 21 May 2025, with the exception of some 
of  the  provisions  regulating  permit-granting  procedures,  which  have  an  earlier 
transposition  date  on  1  July  2024,  immediately  after  the  expiry  of  the  validity  of 
Regulation 2022/2577. Following the transposition of this Directive, renewable energy 
projects  will  benefit  from  the  provisions  introduced  by  this  Directive  to  streamline 
permit-granting procedures. 

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(3) 

(4) 

(5) 

Pursuant to Article 9 of Regulation (EU) 2022/2577, the Commission had to carry out 
a  review  of  this  Regulation  by  31  December  2023  at  the  latest,  in  view  of  the 
development  of  the  security  of  supply  and  energy  prices  and  the  need  to  further 
accelerate  the  deployment  of  renewable  energy,  and  submit  a  report  on  the  main 
findings  of that review to  the Council.  The same  article also  provides that,  based on 
that  review,  the  Commission  may  propose  the  prolongation  of  Regulation  (EU) 
2022/2577. 

In its Report [add footnote to report], the Commission found that the conditions for a 
prolongation  were  met  and  proposed  to  prolong  selected  measures  that  have  the 
greatest potential for renewables acceleration and are different from the ones included 
by Directive (EU) 2023/2413 in Directive (EU) 2018/2001 and appear to bring about 
an  important  acceleration  to  the  permitting  of  renewable  energy  and  related  grid 
projects  or  have  a  significant  potential  to  do  so.  The  fact  that  Directive  (EU) 
2023/2413  introduces  in  Directive  (EU)  2018/2001  some  provisions  to  streamline 
permitting procedures applicable to renewable energy projects, including rules on the 
same or similar topics as those covered by Regulation (EU) 2022(2577 was taken into 
account. That permitting rules introduced by Directive (EU) 2023/2413,  except those 
related  to  renewables  acceleration  areas  pursuant  to  Articles  15c  and  16a  of  that 
Directive, have to  be transposed by 1 July  2024, immediately after the expiry of the 
validity of Regulation (EU) 2022/2577 was also taken into account.  

Since the entry into force of Regulation (EU) 2022/2577, the level of preparedness in 
the  electricity  market  and  the  Union’s  security  of  supply  have  improved.  However, 
severe risks persist for the Union’s security of energy supply. The global situation on 
the  gas  market  remains  very  tight.  Gas  prices  are  still  considerably  higher  than  pre-
crisis  with  inevitable  consequences  on  Union  citizens’  purchasing  power  and  the 
competitiveness of European businesses. This is exacerbated by high market volatility 
stemming  inter  alia  from  tense  geopolitical  environment.  Recent  episodes  of 
significant  price  volatility  in  summer  and  autumn  2023,  when  prices  increased  by 
more than 50% within a few weeks, caused by events such as the strike in Australian 
LNG facilities, the Middle East crisis and the disruption of the Balticconnector, show 
that markets are still fragile and vulnerable to even relatively small shocks on demand 
and supply. Under these conditions, the fear of scarcity resulting from even an isolated 
event  may 
the  EU  with  serious 
repercussions  on  energy  prices.  Furthermore,  due  to  the  significant  decrease  in 
Russian  pipeline  gas  imports  over  the  past  year,  availability  of  gas  supplies  to  the 
Union  is  considerably  reduced  compared  to  pre-crisis.  With  the  current  level  of 
pipeline  gas  imports,  the  Union  is  expected  to  receive  approximately  20  bcm  of 
Russian  gas  -  approximately  110  bcm  less  than  in  2021.  Therefore,  a  serious  risk 
remains that gas shortages will occur in the Union. 

trigger  negative  systemic  reactions  across 

(6) 

Global  gas  markets  remain  very  tight  and  are  expected  to  remain  tight  for  a  certain 
time. As noted by the IEA,11 global LNG supply grew only modestly in 2022 (4%) and 

11 

IEA: Medium-Term Gas Report 2023. 

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(7) 

(8) 

(9) 

in  2023  (3%).  Although,  new  LNG  capacities  are  set  to  come  online  as  of  2025  the 
IEA expect that market balances will remain precarious in the immediate future.12     

These severe difficulties are exacerbated by a number of additional risks, including a 
rebound  in  Asian  LNG  demand  reducing  the  availability  of  gas  on  the  global  gas 
market, a cold winter that could  lead to  an increase of gas demand of up to 30 bcm, 
extreme  weather  events  potentially  affecting  the  hydropower  storage  and  nuclear 
production  due  to  low  water  levels,  and  the  subsequent  increase  in  demand  for  gas-
fired  power  generation.  Additional  risks  result  from  further  disruptions  of  critical 
infrastructures,  such  as  acts  of  sabotage  against  the  Nord  Stream  pipelines  in 
September 2022 and the disruption of the Baltic connector pipeline in October 2023, 
deterioration of the geopolitical environment, in particular in regions relevant for EU 
energy security of supply, such as Ukraine, Azerbaijan, and the Middle East. 

Given the current tight supply and demand balance, even a moderate disruption to the 
supply  of  energy  can  have  wide  impacts  on  the  gas  and  electricity  prices  and  cause 
serious and lasting harm to the European economy, affecting its competitiveness, and 
to  the  citizens  of  the  Union.  The  current  situation  is  therefore  exposing  the  entire 
Union to risks of energy shortage and high energy prices.  

An accelerated deployment of renewable energy played an essential role in the Union 
strategy to address the energy crisis and has been instrumental in increasing security of 
supply  and  in  protecting  consumers  from  price  volatility  by  reducing  the  Union’s 
overall  gas  demand.  The  International  Energy  Agency  estimated  that  average 
wholesale  electricity  prices  would  have  been  8%  higher  in  all  European  markets  in 
2022 without the additional installed renewable capacities.13 In 2022, higher electricity 
production  from  renewable  energy  sources  replaced  ca.  107  TWh  of  fossil-based 
electricity generation - equivalent to ca. 10 bcm of gas, which led to estimated savings 
of more than EUR 10 billion.  

(10)  While  Regulation  (EU)  2022/2577  has  been  in  force  for  a  limited  period  of 
application,  the  Commission’s  report  has  shown  that  it  has  positively  contributed  to 
accelerate the pace of deployment of renewable energy sources in the Union, notably 
by  streamlining  the  procedures  applicable  to  specific  permit-granting  processes,  and 
by raising political awareness regarding the importance of accelerating permitting for 
renewables. While most of the effects of the Regulation will be visible in the months 
to  come,  initial  available  data  on  the  production,  deployment  and  permitting  of 
renewable energy and related infrastructure projects for the period after the entry into 
force  of  the  Regulation  suggests  acceleration,  at  least  in  some  Member  States. 
According  to  Eurostat,  in  the  first  half  of  2023,  renewable  energy  production  in  the 
Union was record high replacing further gas volumes.14 The Commission’s report also 
highlights positive developments in terms of increase in renewable energy deployment 
in  the  months  following  the  entry  into  force  of  Regulation  2022/2577.  According  to 

12 

13 

14 

IEA: World Energy Outlook 2023. 

How much money are European consumers saving thanks to renewables? – Renewable Energy Market 
Update - June 2023 – Analysis - IEA. 
https://ec.europa.eu/eurostat/databrowser/product/view/nrg_cb_pem.  

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initial  industry  data,  the  EU  has  installed  in  three  quarters  of  2023  more  solar 
photovoltaic  capacities  than  in  the  whole  2022.  Wind  capacity  also  significantly 
increased  in  several  Member  States.  Available  data  gathered  in  the  Commission’s 
report also signals that several Member States have experienced double-digit increases 
in  the  volume  of  permits  issued  for  renewable  energy  projects  since  the  entry  into 
force  of  the  Regulation.  Additionally,  at  least  in  one  Member  State,  grid  projects 
important for increased penetration for renewables and amounting to over 2000 km in 
total are also benefitting from accelerated permitting. 

(11)  Given that risks for energy supplies and prices persist, a quicker pace of deployment 
of renewable energy projects will still be needed for a certain period after the end of 
June  2024,  to  phase  out  the  remaining  Russian  gas  imports.  There  is  no  doubt  that 
higher  shares  of  energy  from  renewable  sources  would  strengthen  the  Union’s 
resilience even further. Moreover, the quicker the rollout of renewables, the higher the 
positive impact on the Union’s resilience, security of energy supply, energy prices and 
independence from Russian fossil fuels would be.  

(12)  Due  to  the  urgent  and  still  unstable  energy  situation  which  the  Union  is  facing,  it  is 
necessary to prolong specific provisions of Regulation (EU) 2022/2577, namely those 
which  have  shown  the  greatest  potential  for  immediate  acceleration  of  renewable 
energy sources and which are different from the measures included in Directive (EU) 
2018/2001, therefore ensuring that the prolongation of Regulation (EU) 2022/2577 is 
not  duplicating  that  Directive.  Moreover,  those  measures  include  appropriate 
safeguards  to  ensure  environmental  protection  in  the  form  of  specific  conditions  for 
this  Directive, 
their  application.  These  measures  shall  apply 
complementing  it  with  additional  emergency  measures  for  a  limited  period  of  time. 
Not  prolonging  the  Regulation  would  create  a  risk  of  slowing  down  the  pace  of 
permitting  and  deployment  of  renewables  and  related  infrastructure,  in  particular  in 
Member  States  which  have  made  extensive  use  of  this  Regulation.  For  example, 
according to Germany, the installation of around 41 GW of wind power onshore could 
be delayed and take approximately two years longer or in some cases halted altogether 
without  a  prolongation  of  the  Regulation,  in  particular  its  Article  6.  Speed  of 
permitting of a number of planned large transmission grid projects totalling thousands 
of kilometres in length  would equally be slowed down, by estimated one up to three 
years.  

in  parallel 

to 

(13)  One of the temporary measures introduced by Regulation (EU) 2022/2577 which has 
shown positive effects and which has a significant acceleration potential in the future 
is  the introduction  in  Article 3(1) of  a rebuttable presumption that  renewable energy 
projects are of overriding public interest and serving public health and safety  for the 
purposes  of  specific  derogations  foreseen  in  the  relevant  Union  environmental 
legislation, except where there is clear evidence that those projects have major adverse 
effects  on the environment  which cannot  be mitigated or compensated for.  Directive 
(EU) 2018/2001 establishes in its Article 16f a rebuttable presumption that renewable 
energy projects are of overriding public interest and serving public health and safety, 
with  almost  identical  wording  to  Article  3,  first  paragraph  of  Regulation  (EU) 
2022/2577.  Therefore,  it  is  not  necessary  to  prolong  the  application  of  the  first 
paragraph since such presumption will apply by virtue of Article 16f of Directive (EU) 
2018/2001. 

(14)  However,  Article  3  contains  a  second  paragraph  which  calls  to  give  priority  to  the 
projects  that  are  recognised  as  being  of  overriding  public  interest  whenever  a 
balancing of legal interests is required in the individual case and introduces additional 

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compensation  requirements  for  species  protection.  This  paragraph  is  not  included  in 
Directive  (EU)  2018/2001.  The  first  sentence  of  Article  3,  second  paragraph  of 
Regulation  (EU)  2022/2577  has  the  potential  to  further  accelerate  renewable  energy 
projects  since  it  requires  Member  States  to  promote  them  by  giving  them  priority 
when  dealing  with  different  conflicting  goods  beyond  environmental  matters.  The 
Commission’s  report  has  shown  the  value  of  this  provision  which  recognises  the 
relative  importance  of  renewable  energy  deployment  in  the  current  difficult  energy 
context  beyond 
the 
environmental  Directives  referred  to  in  Article  3(1).  Therefore,  it  is  appropriate  to 
prolong  its  application  in  order  to  appropriately  recognise  the  crucial  role  played  by 
renewable energy plants 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  in  the  context  of  balancing  of  legal  interests  carried  out  by  permitting 
authorities or national courts.  

the  specific  objectives  of 

the  derogations  foreseen 

in 

(15)  As  shown  in  the  Commission’s  report,  challenges  exist  in  the  application  of  another 
condition  to  apply  specific  derogations  foreseen  in  the  Union  environmental 
legislation requiring the absence of other alternative solutions for the purposes of the 
application  of  specific  derogations.  Such  challenges  limit  the  practical  usefulness  of 
the  presumption  that  renewable  energy  projects  are  of  overriding  public  interest, 
because  it  is  a  considerable  hurdle  to  prove  that  a  project  could  not  take  place 
elsewhere, if the territory of a whole country has to be considered, and  even more if 
other  renewable  energy  technologies  have  to  be  considered.  Therefore,  in  order  to 
speed  up  the  deployment  of  renewables,  it  is  appropriate  to  allow  Member  States  to 
temporarily  limit  the  scope  of  the  relevant  alternative  conditions  that  have  to  be 
considered.  For  the  purposes  of  the  relevant  Union  environmental  law,  in  the 
necessary  case-by-case  assessments  to  ascertain  whether  there  are  satisfactory 
alternative solutions to the specific renewable energy project, Member States  should 
be able to limit the assessment to those alternatives that ensure the achievement of the 
same  objectives  as  the  project  in  question,  namely  in  terms  of  deployment  of 
renewable  energy  capacity  using  the  same  renewable  energy  technology,  within  the 
same  or  similar  timeframe  and  without  resulting  in  significantly  higher  cost.  When 
comparing the timeframe and cost of satisfactory alternative solutions, Member States 
should  take  into  account  the  need  to  deploy  renewable  energy  in  an  accelerated  and 
cost-effective  manner  in  accordance  with  the  priorities  set  out  in  their  integrated 
national  energy  and  climate  plans  submitted  pursuant  to  Articles  3  and  14  of 
Regulation (EU) 2018/1999 and the expected speed to achieve them.  

(16)  Another provision with potential for significant acceleration of the pace of deployment 
of  renewable  energy  sources  is  to  be  found  in  Article  5(1)  of  Regulation  (EU) 
2022/2577, which imposes a six-month maximum deadline for repowering of existing 
renewable  energy  plants.  Repowering  existing  renewable  energy  plants  has  a 
significant potential to rapidly increase renewable power generation, thus allowing to 
reduce  gas  consumption.  It  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  usually  allows  the  existing  capacity  to  be  maintained  or  increased  but  with 
fewer, bigger and more efficient turbines. Repowering also benefits from the existing 
grid  connection,  a  likely  higher  degree  of  public  acceptance  and  knowledge  of 
environmental impacts.   

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(17)  The  Commission  found  in  its  review  that  there  is  scope  for  further  streamlining  the 
permit-granting process applicable to the repowering of renewable energy projects, in 
particular  in  those  Member  States  with  greater  repowering  potential.  Directive  (EU) 
2023/2413 introduces several provisions in this regard into Directive (EU) 2018/2001, 
including  maximum  permitting  deadlines.  Article  16b  of    Directive  (EU)  2018/2001 
introduces  a  maximum  deadline  of  one  year  for  the  repowering  of  projects  located 
outside  renewable  acceleration  areas,  while  Article  16a  of  that  Directive  includes  a 
six-month  deadline  for  projects  located  within  the  renewables  acceleration  areas. 
Given that the implementation deadline for the designation of renewable acceleration 
areas  is  27  months  from  the  entry  into  force  of  the  Directive  (meaning  these  areas 
would  have  to  be  designated  by  20  February  2026),  and  even  if  those  areas  can  be 
designated  earlier,  it  is  appropriate  to  prolong  the  application  of  Article  5(1)  of 
Regulation  (EU)  2022/2577.  This  prolongation  includes  a  targeted  amendment 
regarding  the  scope  of  this  provision,  in  order  to  limit  its  application  to  the  areas 
identified  pursuant  to  Article  6  of  Regulation  (EU)  2022/2577.  Prolonging  the 
application  of  Article  5(1)  of  that  Regulation,  together  with  the  application  of  its 
Article 6, would ensure that an ambitious permitting deadline applies immediately for 
the  repowering  of  projects  located  in  the  specific  areas  identified  by  Member  States 
voluntarily under this Regulation, while the maximum deadlines for the repowering of 
projects contained in Directive (EU) 2018/2001 would apply to the rest of the territory. 
Moreover,  this  is  consistent  with  the  differentiation  introduced  by  Directive  (EU) 
2023/2413 between renewables acceleration areas and areas not having such a status.  

(18)  Article  6  of  Regulation  (EU)  2022/2577  allows  Member  States,  under  certain 
conditions  to  ensure  environmental  protection,  to  introduce  exemptions  from  certain 
environmental  assessment  obligations  set  in  Union  environmental  legislation  for 
renewable energy projects and for energy storage projects and electricity grid projects 
that are necessary for the integration of renewable energy into the electricity system. 
The  application  of  this  provision  is  optional  for  Member  States  and  provides  them 
with an effective tool to accelerate the deployment of renewable energy and the related 
infrastructure  projects  by  ensuring  a  careful  balance  between  the  need  to  deploy 
renewables  at  a  much  faster  speed  and  the  need  to  ensure  protection  of 
environmentally  sensitive  areas.  As  explained  in  the  Commission  report,  this  Article 
has  led  to  tangible  positive  results  both  in  terms  of  number  of  successful  renewable 
and grid projects that are being deployed, and of acceleration potential and shortening 
of  permitting  time  in  the  Member  States  that  have  made  use  of  it.  According  to  the 
findings  of  the  Commission’s  report  based  on  estimates  provided  by  Member  States 
and  stakeholders,  such  acceleration  could  range  from  several  months  to  even  up  to 
three years for offshore projects.  

(19)  Based  on  the  evidence  gathered  in  the  Commission’s  report,  prolonging  Article  6  of 
Regulation  (EU)  2022/2577  appears  necessary  to  ensure  an  immediate  strong 
acceleration of renewable energy projects. Such Article can and should co-exist, for a 
limited  period,  with  the  provisions  included  in  Directive  2018/2001  regarding  the 
designation  of  renewable  acceleration  areas  (Article  15c)  and  areas  for  grid  and 
storage  infrastructure  necessary  to  integrate  renewable  energy  into  the  electricity 
system (Article 15e).  

(20)  Article 15c of Directive (EU) 2018/2001 imposes the obligation on Member States to 
designate renewable acceleration areas for one or more renewable energy technologies 
within a deadline of 27 months from the entry into force of Directive (EU) 2023/2413. 
Even if Member States can designate renewables acceleration areas from the moment 

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Directive  (EU)  2023/2413  entered  into  force,  without  waiting  to  its  transposition 
deadline, this designation requires time, which is expected to be longer than the time 
needed  to  designate  the  dedicated  areas  referred  to  in  Article  6  of  Regulation  (EU) 
2022/2577. This is because this provision does not require to establish upfront as part 
of the plan designating renewable accelerations areas appropriate rules for these areas 
on effective mitigation measures to be adopted for the installation of renewable energy 
plants and co-located energy storage in those areas and it does not introduce specific 
procedures  to  be  followed  in  those  areas.  Therefore,  in  order  to  further  facilitate  the 
construction of renewable energy projects during a temporary period, the application 
of Article 6 should be prolonged, so that  it is possible for Member States to  designate 
specific areas in a streamlined manner, without prejudice to the possibility to designate 
in  parallel  renewable  acceleration  areas  pursuant  to  Article  15c  of  Directive  (EU) 
2018/2001 in order to ensure that such areas are set up within the deadline prescribed 
in the Directive.  

(21)  Article 15e of Directive (EU) 2018/2001 includes a provision granting Member States 
the  possibility  to  designate  areas  for  grid  and  storage  infrastructure  necessary  to 
integrate renewable energy into the electricity system under certain conditions. In view 
of the optional  nature of Article 6 of Regulation  (EU) 2022/2577  and Article 15e  of 
Directive (EU) 2018/2001, there is no legal risk of contradiction since Member States 
can  decide  which  provision  to  apply  or  even  apply  both  during  the  period  of 
application  of  that  Regulation  in  order  to  identify  different  grid  areas  in  parallel, 
following the different conditions set in those legal acts, respectively.   

(22)  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. 

(23)  The principle of energy solidarity is a general principle under Union law 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. The measures apply to renewable energy installations in all 
Member States and capture a wide scope of projects. 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  flows  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. 

(24)  Article  122(1)  TFEU  enables  the  Council  to  decide,  without  prejudice  to  any  other 
procedures provided for in the Treaties, on a proposal from the Commission and in a 
spirit  of  solidarity  between  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 view of those considerations, the urgent and 
still  unstable  energy  situation  and  the  urgent  need  to  immediately  accelerate  of 
renewable energy sources as an instrument to mitigate the risks on the energy supply 
and volatility of energy prices that still exist, constitutes such a situation. Moreover, it 
is necessary to take into account the approaching end of the mandate of the European 

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Parliament,  the  time  required  to  adopt  legislation  under  the  ordinary  legislative 
procedure, as well as the need for Member States and investors to have predictability 
and  legal  certainty  about  the  legal  framework.  A  prolongation  by  one  year  of  some 
provisions  of  Regulation  (EU)  2022/2577  and  the  addition  of  a  new  provision  is 
necessary  to  respond  to  the  ongoing  situation  and  it  is  therefore  justified  to  have 
Article 122(1) TFEU as the legal basis for this Regulation. 

(25)  The need to act is urgent as Regulation (EU) 2022/2577 will cease to apply on 30 June 
2024 and investors and authorities need to have clarity as soon as possible as regards 
the legal framework applying thereafter to secure their investment decisions and plan 
their projects accordingly. Therefore, it is appropriate to adopt the prolongation of that 
Regulation  some  months  before  the  end  of  its  application.  In  addition,  due  to  the 
inclusion  of  a  new  provision,  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. 

(26)  The  application  of  the  concerned  provisions  should  be  extended  temporarily  and 

should, together with the new provision added, remain in force until 30 June 2025. 

(27)  Since the objective 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 in  order to 
achieve that objective. 

(28)  Regulation (EU) 2022/2577 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EU) 2022/2577 

Regulation (EU) 2022/2577 is amended as follows: 

In Article 1, paragraph 2 is replaced by the following: 

‘This Regulation applies to all permit-granting processes that have a starting date within the 
period  of  its  application  and  is  without  prejudice  to  national  provisions  establishing  shorter 
deadlines than those laid down in Article 5(1).’; 

In Article 3, paragraph 2 is replaced by the following: 

‘2.  Member  States  shall  ensure,  for  projects  which  are  recognised  as  being  of  overriding 
public  interest,  that  in  the  planning  and  permit-granting  process,  the  construction  and 
operation of plants and installations for the production of energy from renewable sources and 
the related grid infrastructure development are given priority when balancing legal interests in 
the individual case. Until 30 June 2024, 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 that purpose.’; 

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The following Article  is inserted:  

Article 3a 
Absence of alternative or satisfactory solutions  

‘When assessing whether there are no satisfactory alternative solutions to a project for a plant 
or  installation  for  the  production  of  energy  from  renewable  sources  for  the  purposes  of 
Articles 6(4) and 16(1) of Council Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC 
and Article 9(1) of Directive 2009/147/EC, this condition may be considered fulfilled if there 
are no satisfactory alternative solutions capable of achieving the same objective of the project 
in question, notably in terms of development of the same renewable energy capacity through 
the  same  energy  technology  within  the  same  or  similar  timeframe  and  without  resulting  in 
significantly higher costs.’; 

in Article 5, paragraph 1 is replaced by the following: 

‘1. The permit-granting process for the repowering of renewable energy projects located in a 
dedicated  area  referred  to  in  Article  6,  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  6  months  including  environmental  impact  assessments  where 
required by relevant legislation.’; 

In Article 8, the title and the introductory sentence are replaced by the following: 

‘Timelines  for  the  permit-granting  process  for  the  repowering  of  renewable  energy  power 
plants in dedicated areas pursuant to Article 6 

When  applying  the  deadlines  referred  to  in  Article  5(1),  the  following  time  shall  not  be 
counted within those deadlines except  when it  coincides with  other administrative stages of 
the permit-granting process:’ 

in Article 10, the following third paragraph is added: 

However, Article 1, Article 2(1), Article 3(2), Article 5(1), Article 6 and Article 8 shall apply  
until 30 June 2025. 

Article 2 

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. 

This Regulation shall apply from 1 July 2024. However, Article 1(3) shall apply from its entry 
into force. 

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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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