Recommendations on the Council Regulation laying down a framework to accelerate the deployment of renewable energy

(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 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 selfconsumers, 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

(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 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 selfconsumers, 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. Hybrid heat pumps combining renewable electricity with biomethane can be an option where heat pumps alone do not represent an appropriate solution. 

(7) 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. 

(7) 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 and biomethane plants, 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. 

(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 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. 

(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 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. Repowering can become relevant at a later stage also for other renewable technologies such as biogas plants. To this end, the proposed Regulation introduces additional measures. 

(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. 

(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 fossil 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, alongside with other renewable heating solutions such as biogas and biomethane, 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. 

(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. 

(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 and renewable gas 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 while the production of biomethane helps further decarbonizing the gas sector via renewable sources. 

Article 4  

Repowering of renewable energy power plants  

1. 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. 

    

2. 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. 

3. (3) 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. 

Article 4  

Repowering of renewable energy power plants  

1. 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. 

    

2. 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 energy 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.