The European Union adopts a new Regulation establishing a temporary framework to implement and accelerate the deployment of renewable energy, while Spain speeds up the approval of new self-consumption and renewable projects that are competence of the central administration.
On 22 December, the European Council approved the final text of Regulation € 2022/2577 establishing a temporary framework aimed at accelerating the deployment of renewable energy by streamlining the authorisation procedures for renewable energy projects. This regulation has been adopted together with other temporary measures aimed at improving the security of short-term energy supply in the European Union.
It entered into force on 30 December, the day following its publication in the Official Journal of the European Union. As it takes the form of a Regulation, it will be directly applicable without the need for Member States to adopt legislative transposition measures. In this respect, it entails a modification of the authorisation procedures provided for in the current legislation when these are affected by the measures of the Regulation.
Its validity is limited to eighteen months, with a review clause foreseen for 31 December 2023 at the latest, in order for the Commission to propose to extend its validity, if deemed necessary.
The temporary rules of the Regulation aim to streamline the permit-granting process applicable to renewable energy projects, with particular emphasis on specific renewable energy technologies or project types that are capable of achieving a short-term acceleration of the pace of renewable deployment. Some of the measures have a general scope, while others target specific technologies.
Regulation should apply to permit-granting processes that have a starting date within the period of its application. Member States should be allowed to apply this Regulation, or certain of its provisions, to pending permit-granting processes for which a final decision of the relevant authority has not been taken.
- Presumption of overriding public interest for renewable energy projects
The Regulation introduces a general and rebuttable presumption that renewable energy projects, including solar, wind or heat pump power plants, are of overriding public interest and contribute to public health and safety. In application of this principle, Member States should ensure that in the planning and permit-granting process, the construction and operation of energy plants from renewable sources and the development of the related grid infrastructure should be given priority when balancing legal interests in the individual case, at least for projects which are recognized as being of public interest. This priority should only be given if, and to the extent that, appropriate species conservation measures contributing to the maintenance or restoration of the populations of the species at a favorable conservation status are undertaken.
Taking into consideration their national specificities, Member States should be allowed to restrict the application of this presumption to certain parts of their territories or certain technologies or projects.
- Acceleration the permit-granting process for the installation of solar energy equipment
A maximum time deadline of three months is set 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 – including building-integrated solar installations and rooftop solar energy equipment – provided that the primary aim of such structures is not solar energy production.
An exemption from the requirement to carry out an environmental impact assessment is also introduced for these structures.
In the case of installation of solar energy equipment of self-consumers of renewable energy with a capacity of 50 kW or less, the Regulation introduces a positive administrative silence rule, according to the absence of a reply by the relevant authorities or entities within one month following the application shall result in the permit being considered as granted, provided that the capacity of the solar energy equipment does not exceed the existing capacity of the connection to the distribution grid. Member s may apply a lower threshold provided that it remains above 10,8 kW.
- Repowering of renewable energy power plants
The regulation introduces measures to streamline the process of granting authorisations for the repowering of renewable energy projects, including solar and wind farms. A maximum time limit of six months will apply, and must include environmental impact assessments where required by relevant legislation. In addition, any environmental impact assessment must be limited to the change or extension compared to the original project.
A simplified three-month procedure will apply for grid connection where the repowering does not result in an increase of more than 15% of the capacity of the renewable energy power plant.
Where the repowering of solar installations does not entail the use of additional space, the project shall be exempted from the environmental impact assessment.
- Accelerating the deployment of heat pumps
To accelerate the installation and use of heat pumps with an electrical capacity of less than 50 MW, the Regulation introduces shorter processes for granting authorisations for their installation (maximum one month, or three months for ground source heat pumps), as well as a simplified procedure for connecting smaller heat pumps to the electricity grid where there are no technical or safety concerns and no further works are required for grid connection.
The Commission proposal was presented on 9 November 2022, following the conclusions of the European Council of 20-21 October. It has been adopted under the exceptional procedure of Article 122 of the Treaty on the Functioning of the European Union, foreseen for emergency situations.
- In light of Regulation (UE) 2022/2577 Spain modifies regulation to accelerate renewable energy deployment in self-consumption and renewable projects that are competence of the central administration
The Spanish government approved, on 27 December, Royal Decree-Law 20/2022 with the aim of accelerating the deployment of renewable energy sources in the short term through administrative simplification in three areas:
Modification of the conditions for self-consumption
Firstly, the regulation modifies Royal Decree 244/2019, which regulates the conditions for self-consumption, considering photovoltaic generation plants located on rooftops, industrial land or existing or future artificial structures whose main purpose is not the generation of electricity, provided they are located at a distance of less than 2,000 metres from the associated consumers, as a proximate production facility.
Modification of the procedure for determining the environmental impact of renewable energy projects.
Royal Decree-Law 20/2022 creates a transitional procedure for determining environmental impacts. Projects subject to this procedure are not subject to an environmental assessment. However, if the environmental body considers that the project may have significant adverse effects on the environment, it will be subject to the environmental assessment procedure in accordance with the Environmental Assessment Act.
This only applies to renewable projects that must be approved by the Central State Administration.
Simplification of authorisation procedures for renewable energy projects
Finally, the Royal Decree-Law 20/2022 declares the authorisation procedures for renewable that must by approved by the Central State Administration energy projects to be urgent, for reasons of public interest, with the consequent reduction of timeframes, as well as the joint processing and resolution of prior and construction authorisations. If the declaration of public utility is requested, the application would also be submitted together with the aforementioned authorisations.
Like the Regulation, the rules introduced by the Royal Decree-Law 20/2022 are temporary, as they only apply to applications submitted from the entry into force of the regulation until 31 December 2024.
