| Dokumendiregister | Majandus- ja Kommunikatsiooniministeerium |
| Viit | 6-1/162-1 |
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| Sari | 6-1 EL otsustusprotsessidega seotud dokumendid (eelnõud, seisukohad, töögruppide materjalid, kirjavahetus) |
| Toimik | 6-1/2026 |
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| Juurdepääsupiirang | |
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| Originaal | Ava uues aknas |
EN EN
EUROPEAN COMMISSION
Brussels, 10.12.2025
COM(2025) 1006 final
2025/0399 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on guidelines for trans-European energy infrastructure, amending Regulations (EU)
2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869
{SEC(2025) 2000 final} - {SWD(2025) 2000 final} - {SWD(2025) 2001 final}
(Text with EEA relevance)
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
This proposal aims to contribute to the timely and efficient development and
interoperability of resilient energy infrastructure across the EU. Energy network
infrastructure plays a crucial role in reinvigorating EU competitiveness, ensuring the security of
our Union and in the energy transition and decarbonisation. At the same time, the development
of energy networks is confronted with new and significant challenges,
Electricity grids will need to serve growing demand linked to electrification of end-uses
and the ramp-up of the hydrogen system. Electrification of final energy consumption in the
Union is aimed to increase from around 23% currently to around 32% in 2030, as set out in
the Clean Industrial Deal.1 Member States should aim for an electricity interconnectivity level
of 15% by 2030.2 Networks will need to integrate 2.2-2.4 TW of renewables capacity to meet
2040 EU targets.3 Grids will need to adapt for the EU to have a more decentralised, digitalised
and flexible electricity system with millions of rooftop solar panels and local energy
communities sharing resources. By 2040, electricity transmission and distribution grids will
require investments of EUR 1.2 trillion and hydrogen networks of EUR 240 billion.4 Offshore
renewables alone should increase by up to 360 GW by 20505, which need to be connected to
shore including through necessary onshore grid reinforcements. Hydrogen will be important
in decarbonising industrial and transport processes where electrification is not an
attainable solution. Hydrogen networks will connect production and demand centres across
Europe, where on-site hydrogen production is not feasible.
The Draghi report6 called for simplifying and streamlining permitting and administrative
processes as well as for a coordinated strategic approach to cross-border infrastructure
development between the EU and Member States. The Council invited the Commission to
propose a strengthened framework for grid planning and rollout to be compliant with EU
targets.7 In its Conclusions of 16 June 20258, the Council called on the Commission to propose
a grids package consisting of measures to, inter alia, simplify EU rules on grids, integrate EU-
level, regional and national needs, ensure the delivery of projects, develop effective cost sharing
mechanisms for cross-border projects of common interest, and assess the need for further
legislative proposals to accelerate permitting of energy infrastructure. The European Council
in its Conclusions also called for Union-wide long-term investment planning to fully integrate
and interconnect the EU electricity market, contributing to the Union’s energy security, and
1 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions: The Clean Industrial Deal: A joint
roadmap for competitiveness and decarbonisation, COM(2025) 85 final 2 Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action 3 COM(2025) 524 final: Proposal for a Regulation establishing the framework for achieving climate
neutrality 4 Artelys, LBST, Trinomics, Finesso, A. et al., Investment needs of European energy infrastructure to
enable a decarbonised economy, 2025; investment needs for distribution grids alone amount to EUR
730 billion. 5 https://energy.ec.europa.eu/news/member-states-agree-new-ambition-expanding-offshore-renewable-
energy-2024-12-18_en 6 https://commission.europa.eu/topics/eu-competitiveness/draghi-report_en#paragraph_47059 7 Energy Council Conclusions of 30 May 2024 on Advancing Sustainable Electricity Grid Infrastructure,
10459/24 8 Council of the European Union, 10279/25
EN 2 EN
infrastructure protection and resilience.9 The European Parliament highlighted the importance
of modernising and expanding grids, as well as investment into digitalisation, with a focus on
integrated cross-sector and cross-level planning.10 It also emphasises cross-border
infrastructure as a condition for successful deepening of the single market and for increasing
the Union’s resilience.11
The TEN-E Regulation, adopted in 2013, has contributed to the Union’s core energy
policy objectives by laying down rules for identifying and ensuring the timely development
of Projects of Common Interest (PCIs), that will ensure interoperability of trans-European
energy networks, the functioning of the internal energy market, security of supply in the
Union and the integration of renewable forms of energy. It has also contributed to
streamlined permit granting procedures for Projects of Common Interest (PCIs) and provided
for regulatory assistance, rules and guidance for the cross-border allocation of costs and risk-
related incentives and the conditions to access financing from the Connecting Europe
Facility (CEF). The TEN-E Regulation was revised in 2022 to bring the framework in line
with the 2050 climate neutrality objective under the European Green Deal.
While the objectives of the TEN-E Regulation remain largely valid, several short-
comings need to be addressed to ensure the framework is fit to support a decarbonised,
competitive and resilient energy system towards 2050, in line with the Clean Industrial Deal
objectives and the European Climate Law.
First, existing and planned infrastructure projects are not sufficiently targeted towards
achieving the EU’s energy and climate objectives. There is a substantial gap between our
cross-border electricity infrastructure needs and the speed and level of infrastructure
development at both the transmission and distribution grid level.12 For electricity, about half
of cross-border electricity needs for 2030 (41 of 88 GW) will remain unaddressed, and this
gap is expected to increase the next decade. By 2040, cross-border electricity capacity needs
will amount to 108 GW.13 Failing to address infrastructure needs could hinder system
decarbonisation, undermine security of supply and potentially lead to further market
fragmentation and higher energy prices. From system efficiency perspective, current
framework does not consider use of alternatives to grid expansion, such as non-wire or
digital solutions. Further, improved hydrogen network planning and integration will be
crucial to ensure system optimisation and decarbonisation of industry.
Second, the implementation of cross-border infrastructure projects is too slow,
increasing overall project costs and impeding network development. The completion of
electricity infrastructure projects takes up to 10 years for transmission grids. Delays are often
attributed to difficulties in reaching agreement on cost-sharing when projects carry benefits
outside their hosting Member States. As cross-border infrastructure becomes more
integrated, the number of such projects with benefits occurring outs
ide the hosting Member States is expected to increase. In addition, delayed permitting
procedures continue to constitute a key bottleneck, accounting for more than half of the
time needed to complete an electricity transmission infrastructure project.
9 Conclusions of the European Council of March 2025 EUCO 1/25 10 European Parliament resolution of 19 June 2025 on electricity grids (2025/2006(INI)) 11 EP resolution of 7 May 2025 on a revamped long-term budget for the Union in a changing world
(2024/2051(INI)), 12 ACER (2024): Electricity infrastructure development to support a competitive and sustainable energy
System (2024 Monitoring Report) 13 ENTSO-E (2025), TYNDP 2024. Opportunities for a more efficient European power system by 2050.
Infrastructure Gaps Report.
EN 3 EN
Finally, concerns over infrastructure security. Recent physical and cyber security
incidents have highlighted the risk of hostile actors targeting the Union’s energy
infrastructure, with economic cost implications and consequences for the stability of our
energy system. There is also a rising interest from third-country actors to invest in EU
energy infrastructure, which can increase the Union’s exposure to risks related to energy
security. Beyond deliberate acts of sabotage, emerging risks including natural hazards and
climate-related impacts also affect the resilience of the EU’s energy infrastructure.
This proposal to revise the TEN-E Regulation aims to address these issues, which were
identified in the Impact Assessment and Implementation Report accompanying this proposal.
Specifically, the proposal will introduce changes to:
• Ensure that projects included in the network development plans and selected as
PCIs/PMIs address appropriately and effectively identified infrastructure needs
with due consideration of non-wire solutions.
• Facilitate the use of cost-sharing tools for faster deployment of cross-border
infrastructure projects, leading to an increased use of cost-sharing tools and a
reduction in project deployment times.
• Simplify and accelerate permit granting procedures for cross-border energy
infrastructure projects (PCIs/PMIs) making it feasible to meet existing deadlines.
• Enhance physical and cyber security and resilience of cross-border energy
infrastructure.
Further, the initiative assessed and identified a set of measures to simplify and improve the
efficiency of the TEN-E Regulation and reduce compliance and regulatory costs for
stakeholders where possible (see below).
• Consistency with existing policy provisions in the policy area
This proposal responds to the Commission’s commitment in the Action Plan for Affordable
Energy14 to propose a European Grid Package consisting of legislative and non-legislative
measures to, amongst others, simplify the TEN-E Regulation, ensure cross-border integrated
planning and delivery of projects, especially on interconnectors; streamline permitting for
grids, enhance electricity distribution grid planning; accelerate the ramp-up of the hydrogen
market; boost digitalisation and innovation. The proposal builds on the revision of the TEN-E
Regulation in 2022, as well as the 2023 EU Action Plan for Grids15 that focused on
implementing the TEN-E Regulation framework.
The Connecting Europe Facility (CEF) is complementary to the TEN-E Regulation by
addressing the financing gap for PCIs with a high socioeconomic and societal value, but
which lack commercial viability. The eligibility for financial assistance under CEF is linked
to the scope of the infrastructure categories covered under the revised TEN-E Regulation
considering that having obtained PCI or PMI status is a precondition for financing from CEF
for cross-border infrastructure projects. The proposal is consistent with the current CEF under
the 2021-2027 Multiannual Financial Framework (MFF), as well as the proposal for the CEF
under the 2028-2034 MFF, which highlights “the vital importance of a genuine Energy Union
14 COM(2025) 79 final 15 COM(2023) 757 final
EN 4 EN
and well-integrated EU infrastructure networks” by substantially increasing the budget
proposed for the CEF-E16.
The proposal is also consistent with the targets and objectives set out in the Electricity Market
Directive and Regulation, the Governance Regulation and the Renewable Energy Directive,
notably enabling the integration of the Union’s energy markets and the large-scale
deployment and integration of renewable energy sources and flexibility solutions.
• Consistency with other Union policies
This proposal is complementary to other initiatives that aim to create a more integrated
European energy market. It is also consistent with the proposed 2040 EU climate target and
2050 climate neutrality obligation enshrined in the European Climate Law. This proposal is
adopted together with an amending Directive aiming to accelerate the permitting of energy
infrastructure projects, including transmission and distribution grids, storage and recharging
station and renewable energy projects in order to facilitate their fast deployment.
The revision of the TEN-E Regulation aims to support the goals of the electricity market
legislation by ensuring that infrastructure brings additional socio-economic welfare and to
further strengthen efficient use of existing infrastructure. Possible measures to enhance
electricity interconnection targets enshrined in the Governance Regulation will be assessed as
part of the revision of that Regulation and measures to further support the necessary national
investment levels in energy infrastructure.
The security-related measures under this proposal build on the requirements of the horizontal
security legislation, including the EU Critical Entities Resilience Directive17, the NIS 2
Directive18 and the Network Code on sector-specific rules for cybersecurity aspects of cross-
border electricity flows19. Measures suggested under this proposal support its objectives and
implementation, as well as the framework for the screening of foreign direct investments into
the Union, while being specifically focused on infrastructure in scope of the TEN-E. The
2026 revision of the EU Energy Security Framework will address energy security
horizontally, complementing the network specific approach under this proposal.
The Industrial Accelerator Act will include measures to accelerate permitting of projects to
decarbonise energy-intensive industries. Having sufficient grid capacity and timely grid
connection is crucial to electrify industry, hence both initiatives are developed in close
cooperation.20 The proposal is also relevant for the Trans-Mediterranean Renewable Energy
and Clean Tech (T-MED) Initiative and the Pact for the Mediterranean.
16 COM(2025) 547 final: Proposal for a Regulation establishing the Connecting Europe Facility for 2028-
2034 17 Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the
resilience of critical entities and repealing Council Directive 2008/114/EC 18 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on
measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No
910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) 19 Commission Delegated Regulation (EU) 2024/1366 of 11 March 2024 supplementing Regulation (EU)
2019/943 of the European Parliament and of the Council by establishing a network code on sector-
specific rules for cybersecurity aspects of cross-border electricity flows 20 For instance, the needs of industry in terms of energy consumption should be well reflected in national
network development plans and, vice-versa, there is a need for recognition of infrastructure planning in
industrial policy considering the need for grid and pipeline infrastructure for H2 and CO2.
EN 5 EN
In view of the planned Carbon Capture, Utilisation and Storage (CCUS) Package, this
proposal will not address carbon dioxide cross-border infrastructure planning. Given a strong
link between network planning on a national, regional and local levels and the heating and
cooling sector, the recent revision of the Gas Directive21 requires stronger coordination among
sectors. The Grids Package aims to build upon these requirements. In addition, the upcoming
Electrification Action Plan and the Strategic Roadmap on Digitalisation and AI in the energy
sector as well as the Heating and Cooling Strategy will provide important input for future grid
planning. The Package also underpins the upcoming Cloud and AI Development Act to attract
investment in data centres.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 172 of the Treaty on the Functioning of the European
Union (TFEU), which provides for the legal basis to adopt guidelines covering the objectives,
priorities and broad lines of measures envisaged in the sphere of trans-European networks as
set out in Article 171. The guidelines are to identify PCIs that are necessary for making the
TEN-E fit for purpose and set the conditions under which the EU may financially support the
PCIs.
• Subsidiarity (for non-exclusive competence)
The proposed amendments fulfil the principle of subsidiarity, as action at Union level will
contribute to the further integration of the Union energy market through the modernisation
and development of Europe’s cross-border energy network more effectively than action at
national level.
The need for EU action
Energy transmission infrastructure (including an interconnected offshore grid and smart grid
infrastructure) has a European added value due to its cross-border impacts and is essential to
achieve a climate neutral energy system. The TEN-E Regulation has contributed to achieving
results regarding the Union energy market integration, competition and security of supply. A
framework for regional cooperation across Member States is necessary to develop cross-
border energy infrastructure. The internal energy market requires cross-border infrastructure,
the development of which requires cooperation of two or more Member States, all with their
own regulatory framework.
National regulation and planning are not sufficient as individual national administrations do
not have the power to deal with cross-border infrastructure planning. Internal network
elements significantly influence the possibilities of cross-border infrastructure development,
which in turn affects cross-border trade. More closely coordinating national and European
planning is necessary due to the character of the EU’s meshed network and to build a more
efficient energy system.
EU added value
The TEN-E Regulation has provided added value compared to what could have been achieved
at national or regional level alone. More than 100 projects were completed thanks to the PCI
status between 2013-2025. The accelerated electrification, decarbonisation and digitalisation
21 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common
rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU)
2023/1791 and repealing Directive 2009/73/EC (recast)
EN 6 EN
of industry and deployment of renewable energy projects call for the reinforcement of energy
infrastructure at an unprecedented pace, that cannot be met by national measures alone. More
effective cross-border planning will improve the integration of clean energy sources as well as
meeting electricity market needs, which would help the EU reach its energy and climate
targets. A more integrated market encourages the development and uptake of innovative
technologies for transmission and distribution of energy and contributes to system flexibility
and security of supply. This can result in a more efficient network and improve cross-border
trade for a more cost-efficient and secure energy system.
• Proportionality
The initiative complies with the proportionality principle. It falls within the scope for action in
the field of the trans-European energy networks, as defined in Article 170 of the TFEU. The
policy intervention is proportional to the scale and nature of the problems identified in the
Impact Assessment and the achievement of the set objectives of the initiative. The proposed
revision of the TEN-E Regulation does not go beyond what is necessary to achieve the
general objective of ensuring the timely and efficient development and interoperability of
resilient energy infrastructure, renewable energy and flexibility, including storage and
recharging stations, across the EU.
The proposed measures contribute to more effectively addressing the Union’s energy
infrastructure needs, ensure faster project deployment, and enhance the resilience of the EU’s
energy network infrastructure, without imposing significant costs for Transmission System
Operators and project promoters, Member States, National Regulatory Authorities and the
Agency for the Cooperation of Energy Regulators (ACER).
Based on the results of the Implementation Report, the Commission assessed several policy
options covering four impact areas of the current TEN-E framework, namely infrastructure
planning and project implementation, cost and benefit sharing, permitting and security. The
comparison of the options (see section 6 and 7 of the Impact Assessment Report) indicates
that Policy Option 2 is best suited to achieve the specific objective of the initiative without
imposing disproportionate additional burden on relevant actors. The proposal is based on
Policy Option 2 which appears proportional to the nature of the problem by focussing on
streamlining the current processes and offering new substantive new tools that are considered
effective to meet the objectives of this initiative.
• Choice of the instrument
Building on the overall positive experience with the implementation of the current TEN-E
Regulation and the positive evaluation of the previous Regulation, the instrument chosen is a
Regulation, an effective instrument which has direct application and is binding in its entirety,
ensuring uniform implementation and legal certainty.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Given the scope of the proposed revision and the recent amendment of TEN-E Regulation in
2022, it was not feasible to conduct an ex-post evaluation. Instead, an Implementation Report
was prepared and included as part of the Impact Assessment Report. The Implementation
Report focuses on the performance of the specific provisions introduced and revised as part of
the 2022 TEN-E Regulation revision. It replaces a full evaluation which would only be
EN 7 EN
expected as part of the review of the TEN-E Regulation due in 2027.22 An evaluation was
previously conducted between January 2019 and September 2020, in context of the 2022
TEN-E Regulation revision.23
The Implementation Report provided evidence of the need for further improvements, namely
when it comes to scenario development, infrastructure needs identification and consequent
Ten Year Network Development Plan (TYNDP), PCI/PMI project selection and assessment,
as well as cross-border cost allocation (CBCA) and permitting frameworks. The report found
that the scenario development and infrastructure gaps identification processes are faced with
drawbacks, including delays which hamper their effectiveness in meeting the TEN-E
Regulation goals. The Commission and ACER have little means to steer the process towards
identification of the key projects for the Union. Moreover, while the permitting-related
amendments of the 2022 revision of TEN-E Regulation generally achieved their intended
objective to increase the clarity and flexibility of procedures, further improvements could be
made to support the acceleration of procedures, contributing to the process’s overall
efficiency. Regarding cross-border cost allocation, the TEN-E Regulation provisions have
facilitated the allocation of investment costs for PCI/PMIs, primarily to support CEF
applications. However, there have been very few instances of involvement of non-hosting
countries in CBCA decisions, and none in the electricity sector. Provisions have therefore had
limited effectiveness in triggering additional investments from non-hosting countries that may
otherwise significantly benefit from the projects.
This proposal aims to tackle these issues identified in the Implementation Report annexed to
the Impact Assessment Report, through targeted amendments to the TEN-E Regulation.
• Stakeholder consultations
In line with the Better Regulation guidelines, the Commission carried out a comprehensive
online public consultation between 13 May to 5 August 2025 on the ‘Have Your Say’
website. The consultation covered the following topics: i) the general functioning of the TEN-
E Regulation, ii) EU infrastructure planning, iii) electricity network planning at national level,
iv) electricity grid hosting capacity, v) permitting, vi) investments in grid infrastructure, vii)
supply chains, viii) digitalisation and resilience, and ix) simplification.
The consultation received a total of 197 responses. In addition, 2 emails were received via a
functional mailbox for the consultation. There were 197 responses to every multiple-choice
question in the public consultation, meaning that every respondent answered each question.
For some questions, respondents were asked on a five-point scale the extent to which they
agreed or disagreed with statements. The scale was i) Strongly disagree ii) Slightly disagree,
iii) Neutral, iv) Slightly agree, v) Strongly agree. A “don’t know” option was also given.
Stakeholders’ views were split on whether the TYNDP and national transmission
development plans ensure integrated and coherent planning across EU and national levels.
Opinions on the extent to which the TYNDP identifies all cross-border infrastructure needs
were also diverse. Still, a majority (54%) indicated that the current governance framework of
the TYNDPs, including stakeholder roles, should be revised to enhance its effectiveness.
22 See Article 22 of the TEN-E Regulation. 23 European Commission: Directorate-General for Energy, ECORYS, Ramboll, REKK, Shepherd and
Wedderburn, Akkermans, F., Le Den, X., Heidecke, L., Jansen, L., Juárez, V., Kácsor, E., Mezősi, A.,
Nigohosyan, D., Nguyen, N., Rodger, S., Selei, A., Takácsné Tóth, B., Møller Thomsen, S., Til, H.
v.Yagafarova, A., Support to the evaluation of Regulation (EU) No 347/2013 on guidelines for trans-
European energy infrastructure – Final report, Publications Office,
2021, https://data.europa.eu/doi/10.2833/154438
EN 8 EN
Moreover, in line with the legislative proposal, about half (44%) believed the TYNDP falls
short in addressing identified infrastructure gaps and a majority (60%) agreed that national
projects should more clearly support EU-wide priorities. Further, a majority of respondents
(61%) also agreed that there is a need for stronger alignment between national transmission
development plans. In addition, a majority of respondents (59%) were positive to streamlining
the PCI/PMI application process by amending requirements for projects with PCI/PMI status
to reapply during each process (provided certain conditions are met) in line with this proposal.
When asked whether the TYNDP should have a more top-down approach to infrastructure
planning aimed at aligning network development with EU and Member State climate and
energy goals, 41% of respondents (many of which system operators) disagreed whereas 36%
agreed. Similarly, 41% of respondents (many of which system operators) expressed
disagreement with the TYNDP having a more top-down European approach to better link
identified needs and priority projects of common European interest, whereas 36% agreed.
While this legislative proposal strengthens EU-level steer in the infrastructure planning
process with the Commission taking over central scenario development and being empowered
to launch calls for proposal to address infrastructure gaps, the proposal maintains strong
Member State involvement and validation of steps in the process striking a balance to also
align with the public consultation results. On the frequency of the processes, most
stakeholders (85%) found the current two-year cycle appropriate. The legislative proposal
prolongs the current two-year TYNDP cycle to four years, but maintains flexibility if updates
are needed.
A majority of respondents were positive to the inclusion of internal reinforcements (72%) and
non-wire solutions (54%) in infrastructure needs identification, aligning well with the
legislative proposal. A majority (62%) of stakeholders also agreed that more EU-level action
is needed to enhance the visibility and quantified benefits of digital, innovative, and grid-
enhancing technologies. A larger majority, 76% argued that further measures are needed to
increase the efficiency of the existing grid.
As regards the cost-sharing, 38%24 of respondents stated that the current framework is not fit
for purpose and 36%25 favoured that the CBCA framework further develops to facilitate the
sharing of investment costs among countries, beyond hosting Member States, in proportion to
the expected benefits, indicating support for legislative revision. Further, 37%26 of
respondents thought that an investment request within the CBCA framework could also cover
several projects (‘bundling’) to facilitate cost sharing amongst more Member State
beneficiaries in line with this proposal.
Permitting was ranked by most respondents as a key barrier to developing grid infrastructure
at the necessary pace for the energy transition, indicating support for the strengthening of the
TEN-E framework in this respect. Further, about a third of respondents reported that the
permitting provisions of the TEN-E Regulation are not clear or easy to implement, with 16%
remaining neutral and 34% unsure. A vast majority of stakeholders support simplifying and
streamlining of environmental assessments, digitalising permit-granting procedures,
shortening of legal deadlines for permitting of networks in line with the legislative proposal.
As regards security-related measures, over a third of stakeholders agreed that the EU legal
framework does not sufficiently address emerging security risks (38%)27 and that additional
24 20% of respondents were neutral and 35% expressed no opinion (see Annex 2 of Impact Assessment). 25 18% of respondents were neutral and 31% uncertain (see Annex 2 of Impact Assessment) 26 25% of respondents were neutral and 32% uncertain (see Annex 2 of Impact Assessment). 27 18% of respondents were neutral and 32% uncertain (see Annex 2 of Impact Assessment).
EN 9 EN
security criteria for PCIs and PMIs are needed to enhance protection against physical and
cyber risks (36%)28 in line with the legislative proposal. Furthermore, only 14% indicated that
the framework addresses the exclusion of non-trusted actors from participating in critical
infrastructure projects, with 19% revealing neutrality and almost a majority, 45% (companies
41%, business associations 48%, NGOs 86%, public authorities 40%) being uncertain.
The feedback received from stakeholders as part of the consultation was taken into account in
developing the proposal. The measures under this legislative proposal therefore align well
with the stakeholder views.
For a detailed analysis of the public consultation results, please see Annex 2 of the Impact
Assessment Report accompanying this initiative.
• Collection and use of expertise
The proposal and its underpinning impact assessment draws on evidence from the
Implementation Report on the TEN-E Regulation, from stakeholder input to the extensive
consultations carried out in this respect, as well as a literature review, PCI portfolio analysis
and modelling.
Formal conclusions adopted in the framework of the Copenhagen Forum in 2023, 2024 and
2025 were also considered in the analysis. The Copenhagen Forum gathers annually
representatives of the EU institutions, transmission system operators, project promoters,
regulators, energy companies, NGOs and civil society and the financing community to discuss
the challenges of developing Europe’s energy infrastructure.
ACER’s annual consolidated monitoring reports on the progress of electricity and gas PCIs,
incremental capacity projects and virtual interconnection points, on the electricity and gas
market monitoring and capacity allocation and congestion management, as well as other
updates on the cross-border cost allocation decisions, project-specific risk-based incentives
were equally considered.
The proposal and its underpinning impact assessment draws on evidence from the
Implementation Report on the TEN-E Regulation, from stakeholder input and extensive
consultations carried out in this respect, as well as a literature review, PCI portfolio analysis
and modelling. Further information was gathered through several support studies to support
the development of policy options and assessment on investment needs in infrastructure,
infrastructure planning and costs of delays.
• Impact assessment
In accordance with the Better Regulation guidelines, the Commission carried out an impact
assessment of several policy options. This work was supported by structured consultation
within the Commission via an Inter-Service Steering Group. The impact assessment was
presented to and discussed with the Regulatory Scrutiny Board (RSB). The RSB gave a
positive opinion with reservations on 26 September 2025 which were notably addressed by: i)
further clarifying the problem drivers and root causes and their links to the proposed
measures, ii) elaborating the assessment of subsidiarity considerations, iii) revising the
general and specific objectives, specifying what success will look like, making the operational
objectives more S.M.A.R.T, and elaborating on monitoring arrangements, iv) more clearly
presenting and justifying how the different options compare in terms of costs and benefits, v)
further describing the content of permitting measures and their impacts, vi) highlighting
possible trade-offs with other EU objectives (see Annex 1 of the Impact Assessment Report).
28 14% of respondents were neutral and 27% uncertain (see Annex 2 of Impact Assessment).
EN 10 EN
The impact assessment identified three key problems and their corresponding problem
drivers. Throughout the impact assessment work, a range of measures were considered across
four intervention areas – i) infrastructure planning and project implementation, ii) cost and
benefit sharing, iii) permitting, and iv) security – to address the identified problems and
achieve the general and specific objectives of the initiative. The measures under each
intervention area were grouped into three policy options, following a logic of varying degrees
of EU-level intervention and coordination, and taking into account internal compatibility and
coherence of the measures (see Section 5.2.2 of the Impact Assessment Report).
Policy option 1 entails an enhanced bottom-up approach, introducing only a limited
number of changes to the current EU legislative and policy framework in comparison to the
business as usual and involves minimal additional EU-level intervention. As regards
infrastructure planning and project implementation, it strengthens the existing framework by
better defining certain requirements and simplifying processes (including PCI/PMI selection
and Commission and ACER approvals) to ensure a leaner and more robust planning process.
It also aligns the scope of PCI/PMI project categories, including by strengthening
requirements related to electrolysers and removing the smart gas grid category. As regards
cost and benefit sharing, it enhances transparency and strengthens EU principles as well as
better enables the use of congestion income for financing cross-border electricity
infrastructure as an incentive to cost-sharing. On permitting, it supports implementation of
existing legislation, including by issuing guidance on the implementation of certain aspects of
the environmental assessment framework. On security, it introduces physical and cyber-risk
resilience considerations in the monitoring of PCIs and PMIs.
Policy option 2 entails moving from a bottom-up approach towards a more top-down
approach with stronger steer from the EU-level and enhanced coordination with the current
actors at Member State level. It introduces more significant changes to the current EU
legislative and policy framework as compared to policy option 1, with additional EU-level
coordination and reallocation of certain responsibilities among relevant stakeholders. As
regards infrastructure planning and project implementation, it notably enhances the role of
the Commission by entrusting it with central scenario development for the infrastructure
needs identification as well as introduces a gap filling mechanism to ensure all infrastructure
needs are addressed by project proposals. It also broadens the scope of the electricity PCI
category to more prominently include non-wire solutions and better acknowledge the role of
internal lines. As regards cost-benefit sharing, it introduces an enabling framework for the
voluntary bundling of cross-border projects to enable and encourage discussions amongst
relevant Member States and third countries. On permitting, it entails targeted legislative
changes to accelerate permitting processes for cross-border infrastructure covered under the
TEN-E Regulation. On security, it introduces additional transparency requirements regarding
the ultimate beneficial owners of candidate PCIs/PMIs and including security and resilience-
related equipment for the upgrade of existing electricity cross-border infrastructure under
TEN-E scope.
Policy option 3 entails a full top-down approach for cross-border infrastructure. It includes
substantial structural and institutional changes to the status quo and a higher degree of
centralising and streamlining at EU level, including through entrusting infrastructure
planning and coordination of permitting for cross-border infrastructure projects to EU bodies.
As regards cost-benefit sharing, it builds on the measures of policy option 2 but introduces
also mandatory regional planning and cost-sharing for offshore cross-border infrastructure
projects. On security, policy option 2 and 3 are identical.
The policy options were compared along their effectiveness, efficiency, coherence, and
proportionality. Policy option 2 and 3 are considered more effective, efficient and coherent
EN 11 EN
with the overall EU policy framework than policy option 1. Policy option 1 only performs
slightly better in terms of subsidiarity and proportionality. Therefore, policy option 1 is not
considered as possible preferred policy option. While policy options 2 and 3 both perform
better than policy option 1 as concerns their effectiveness in meeting the specific objectives,
policy option 2 seems overall more effective at this stage when it comes to ensuring that
projects included in network plans and selected as PCI/PMIs address appropriately identified
infrastructure needs as well as to shorten and simplify permitting procedures. As regards the
efficiency, policy option 3 is considered less efficient due to the additional resources needed
and high-up front costs to set up two new entities at EU level (or reinforce existing ones)
responsible for infrastructure planning and coordinated permitting procedures. In terms of
subsidiarity and proportionality, measures proposed in policy option 3 (i.e. EU entities
responsible for infrastructure planning and permitting as well as mandatory offshore grid
planning) with a high degree of EU level intervention appear disproportionate at this stage
considering they do not result in a higher level of effectiveness and are expected to entail
substantially higher additional costs.
Following comparison of the policy options, policy option 2 was identified as the preferred
option, best suited to achieve the general and specific objectives of the initiative in a
proportionate manner. Policy option 2 is expected to have positive economic, social and
environmental impacts. The key target groups expected to be impacted by this initiative are
European citizens and consumers, project promoters (including TSOs), European TSO
associations (ENTSO for Electricity, ENTSO for Gas, and ENNOH), National Competent
Authorities and their local and regional representatives, National Regulatory Authorities,
European Union Regulators, Distribution system operators and DSO branch organisations,
and energy producers/industry.
As regards economic impacts, it is expected to significantly reduce energy system costs in line
with the optimal grid scenario by ensuring that identified projects better match and fully cover
the identified needs. For 2040, investments of EUR 6 bn/year into the optimal grid would lead
to EUR 14 bn/year reduction in system costs, that is EUR 8 bn/year net saving. It is also
expected to have a substantial impact on wholesale electricity prices by improving
interconnectivity, leading to price convergence and, overall, more stable and lower prices,
across the EU. An improved cost-sharing framework should facilitate the materialisation and
quicker implementation of cross-border projects, with significant socio-economic welfare
gains. Further, quicker permitting times and thereby project implementation, is expected to
generate economic benefits in terms of avoided costs of delays for project promoters. Finally,
through improved energy infrastructure security, the preferred option could bring about
benefits in terms of avoided loss of economic welfare and of costs of repairs.
Energy system cost reductions are expected to have positive implications for competitiveness,
through avoided costs and mitigating network tariff increases for consumers, including
industry. The preferred option also shows positive impacts on digitalisation, through stronger
emphasis on the use of non-wire solutions in grid planning and digitalisation of permitting
procedures. The preferred option overall expected to reduce administrative and adjustment
costs for businesses (including energy generators, project promoters, TSOs and ENTSOs)
through streamlining infrastructure planning, PCI/PMI application and evaluation processes
as well as permitting procedures.While the annual costs savings for businesses cannot be fully
estimated as relevant data were not available, it can be concluded that the preferred option
would lead to recurrent cost saving. For Member States and national authorities, policy option
2 would create additional administrative costs in the short-term, related to the implementation
of revised legislative framework.
EN 12 EN
The initiative is expected to have positive social impacts, though the quantitative impacts and
distributional effects are difficult to estimate. An optimised grid planning based on precise
estimates of future development of demand and supply should avoid future stranded assets,
minimising grid costs for consumers, and enable further electrification allowing to spread grid
investment costs over a higher number of kWh.
As regards environmental benefits, the preferred policy option is expected to lead to a
reduction of CO2 emissions (around 27 Mtonnes/year) by aligning with the optimal grid
scenario and decreasing renewable energy curtailment. The additional 108 GW cross-border
capacities needed by 2040 in line with the 2024 TYNDP would also allow to substitute 65
TWh of electricity produced by gas with RES generation, by allowing a better integration of
non-CO2 emitting generation, leading to a significant reduction of European CO2 emissions
estimated at 27 million tonnes of CO2 emissions avoided in 2040.29 As regards permitting,
environmental impacts are highly dependent on the technology used and the assets’ location
and the environmental status of the surrounding fauna and flora. The potential impacts are
however addressed in the design of the proposed measures through introducing safeguards.
• Regulatory fitness and simplification
The revised TEN-E Regulation is expected to bring positive impacts in terms of simplification
and improved efficiency. The initiative is expected to reduce the administrative burden on
ENTSOs, TSOs and project promoters notably as regards infrastructure planning as a result of
the Commission taking over central scenario development and through simplifications such as
the reduced frequency to a four-year cycle and the amended application and evaluation
process for mature PCIs. The streamlined, simplified and digitalised permitting procedures for
PCIs and PMIs would also reduce the administrative burden for businesses. The annual cost
savings for businesses cannot be fully estimated as relevant data were not available, but it can
be concluded that the proposal will lead to recurrent cost savings.
No direct impacts in terms of compliance or administrative costs for SMEs or micro-
enterprises are identified. SMEs could benefit from positive competitiveness impacts as a
result of lower energy system costs, as well as increased competitiveness in those technology
areas that are included or strengthened in the proposal (e.g. high-voltage technologies).
The initiative is consistent with the Digital Check and is internet ready and appropriate for
both the physical and digital environment. The proposal includes measures to promote
digitalisation (see the Legislative Financial and Digital Statement).
• Fundamental rights
The initiative is not expected to have an impact on fundamental rights.
4. BUDGETARY IMPLICATIONS
The budgetary impact associated to the proposal concerns the resources of the European
Commission Directorate-General for Energy and the Joint Research Centre, as well as the
Agency for the Cooperation of Energy Regulators (ACER). The Commission will take on
substantial additional responsibilities for central scenario development as part of the
infrastructure needs identification process in the Ten-Year Network Development Plan. These
responsibilities will require additional resources (see Legislative Financial and Digital
Statement).
29 ENTSO for Electricity TYNDP 2024 Infrastructure gaps report.
EN 13 EN
The ACER will be tasked with additional responsibilities in the oversight of the Ten-Year
Network Development Plan, as well as the cross-border cost allocation framework. These
additional responsibilities will also require additional resources (see Legislative Financial and
Digital Statement).
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Building on the existing processes for monitoring data from regular reports prepared by
project promoters and national regulators, several indicators have been developed to measure
the achievement of each of the specific objective of the revised TEN-E Regulation. The actual
impacts of the legislation will be monitored and evaluated against a set of indicators tailored
to the specific policy objectives to be achieved with the legislation.
All data will be monitored on the basis of regular reports from project promoters and national
regulators, and on the basis of the existing monitoring requirements of ACER including the
biennial monitoring of consistency between the Union-wide TYNDP and national network
development plans, annual monitoring of progress of PCIs and PMIs and permitting
processes, annual monitoring report on congestion management and capacity allocation,
monitoring of the application of non-wire and grid enhancing technologies based on data
available by the Joint Allocation Office, and annual monitoring of the achievement of the
interconnection target, done as part of the European Semester.
By 30 June 2033, the Commission shall carry out a review of this Regulation, on the basis of
the results of the reporting and evaluation provided for in Article 24 of this Regulation, as
well as the monitoring, reporting and evaluation carried out pursuant to Articles 22 and 23 of
Regulation (EU) 2021/1153.
• Detailed explanation of the specific provisions of the proposal
Chapter I of the Regulation outlines the general provisions, notably its subject matter,
objectives and scope as well as the definitions applicable. It introduces, complemented by
Annex II, new infrastructure categories compared to Regulation (EU) 2022/869 to ensure
strengthened safety, security and efficiency of existing networks, notably to enable existing
high-voltage networks elements to operate systems safely through investments in monitoring
control and digitalisation equipment and installations and to increase the protection and
resilience of critical network elements through investment in equipment that is specifically
designed for that purpose and physically connected to those elements. Project categories and
definitions are also adjusted to align with the EU’s decarbonised gas and hydrogen legislative
package adopted in 2024 setting common rules for the transition to renewable and low-carbon
gases; this package prioritises the production and use of hydrogen in its pure form and its
transportation in the dedicated hydrogen system. A definition of “non-wire” solutions in
electricity is also introduced; these solutions need to be carefully considered as they may be
cheaper than grid expansion to ensure cost-optimal grid planning.
Chapter II outlines the provisions as regards the process of preparing the Union lists of
projects of common interest and projects of mutual interest within the regional groups, the
criteria for the assessment of projects by the groups and the monitoring of project
implementation.
Article 3, complemented by Annex III, provides rules for the establishment of regional groups
as well as for the process for establishing the Union list of projects of common interest and
projects of mutual interest. Compared with Regulation (EU) 2022/869, Article 3 and Annex
EN 14 EN
III provide for a simplified approach for advanced projects already on the Union list to
maintain their status of project of common interest or project of mutual interest.
Compared with Regulation (EU) 2022/869, Article 4 which sets out the criteria for the
assessment of projects by the groups, complemented by Annex IV, further clarifies that
projects of mutual interest extend to the first connection point in the third country and ensures
that these projects are accompanied by corresponding development in internal infrastructure
in third countries. For Energy Community contracting countries, the benefits brought by
individual projects are considered for both EU and Energy Community contracting countries,
and not only for the EU as done so far.
In Article 5 the provisions on the implementation and monitoring of projects on the Union list
are strengthened by requirements related to risk assessments as regards physical and cyber
security, building on Directive (EU) 2022/2557 on the resilience of critical entities and
Directive (EU) 2022/2555 on measures for a high common level of cybersecurity across the
Union. As regards European coordinators that may be designated where a project encounters
significant implementation difficulties, Article 6 provides that the period for which the
designation applies may be renewed.
Chapter III addresses the permit granting and public acceptance of projects of common
interest. Compared with Regulation (EU) 2022/869 this chapter has been revised with three
main objectives: (1) update the permitting framework to ensure that projects of common
interest and projects of mutual interest are granted the best treatment possible in line with
their strategic importance and special status, especially when considering the permitting
measures introduced in the Hydrogen and Decarbonised Gas Market Package and the revised
Renewable Energy Directive; (2) update the permitting regime to support the accelerated
permitting for electricity grids, in line with the needs recognised in the Draghi report and the
amendments introduced in Directive (EU) 2019/944; (3) increase the clarity of the permitting
regime and improve its efficiency.
Article 7 on the priority status of projects on the Union list is updated to include requirements
that electricity projects of common and mutual interest benefit from an automatic presumption
of overriding public interest and, when included in a National Development Plan subjected to
a strategical environmental assessment and to an appropriate assessment under Directive
92/43/EEC in case there is a likely significant impact on Natura 2000 sites, may, subject to
strict conditions, be exempted from assessments under specified environmental legislation.
Article 8 on the organisation of the permit granting process clarifies the responsibilities of
national competent authorities established under the Regulation in line with the different
permitting schemes, especially in what concerns cooperation with other authorities and
mediation of contacts with project promoters. It also increases the cross-border cooperation
requirements for projects involving multiple jurisdictions.
Article 9 on transparency and public participation provides for increased clarity and simplicity
of the procedure, notably by merging the reporting obligations of this article into a single
report.
Article 10 on duration and implementation of the permit granting process introduces in
particular an obligation to digitalise permitting procedures; clarifies what is considered as the
starting date for the permitting procedure; makes the optional nature of the pre-application
phase clearer; elaborates on the steps comprising it (scoping, screening, scheduling,
application file verification); clarifies the need to take into account existing studies and
authorisations to reduce duplication when defining the documentation necessary for the
EN 15 EN
permitting process; and introduces tacit approval to decisions taken by the concerned national
authorities with the exception of environmental decisions.
Chapter IV outlines the provisions as regards cross-sectoral infrastructure planning, which are
strengthened compared with Regulation (EU) 2022/689, with a view to better steering of the
planning, notably as regards the definition of future scenarios, the identification of long-term
energy infrastructure needs and bottlenecks and addressing those needs with the most
adequate solutions.
Article 11 empowers the Commission to adopt delegated acts establishing a central scenario
for the electricity, hydrogen and gas sectors to be used for the Union-wide TYNDP, the
infrastructure needs identification process, the energy system wide cost-benefit analysis and
the cross-border cost allocation of energy infrastructure projects. To ensure data used for
developing the scenario are up-to date, the Commission has a right to request them from
Member States, the ENTSO for Electricity, the ENTSO for Gasand the ENNOH, as relevant.
The scenario should be developed in a cross-sectoral manner. TYNDP scenarios have until
now been developed by the ENTSO for Electricity, the ENTSO for Gas and the ENNOH.
Article 12 entrusts the ENTSO for Electricity and the ENNOH, with developing an
infrastructure needs identification report for electricity and hydrogen respectively. The
report should identify infrastructure gaps affecting the Union’s objectives related to electricity
and hydrogen, based in particular on a binding methodology to be prepared by ACER and the
central scenario pursuant to Article 11. The Article provides that the infrastructure needs
identification reports must be endorsed by the decision-making body of the TEN-E Group,
which is the cross-regional meeting configuration of all Groups established under the
Regulation. Specifically for electricity, the report must consider non-wire solutions when
assessing and addressing the needs.
Article 13 empowers the Commission to launch a needs matching process in the electricity
system to identify possible solutions for unmatched needs in case the infrastructure needs
identification report for electricity concludes that projects submitted for inclusion in the
Union wide ten-year network development plan do not fully meet the infrastructure needs
identified pursuant to Article 12. The needs matching process should be based on existing
regional cooperation, steered by the Commission and linked with the TYNDP process.
Article 14 mandates the ENTSO for Electricity and the ENNOH to use consistent single
sector methodologies for a harmonised energy system-wide cost-benefit analysis at Union
level when assessing projects (in all energy infrastructure categories except smart electricity
grids and CO2) for their inclusion in their respective Union wide ten-year network
development plans. The methodologies must be submitted to the Commission for approval.
ENTSO for Electricity and the ENNOH are required to calculate and publish, as part of the
Union-wide ten-year network development plan, the results of cost-benefit analyses for all
projects, showing how the benefits are distributed across countries. The Article further
specifies that for smart electricity grids projects and CO2 projects, it is for the Commission to
develop methodologies for a harmonised energy system-wide cost-benefit analysis at Union
level, as is the case today.
The provisions under Chapter V address the need to develop the grid to accommodate the
significant expected scale-up of electricity generation from offshore renewable energy
sources. The Chapter supports the coordinated long-term planning and development of
offshore and onshore infrastructure. As a novelty, under Article 15 Member States are
required, as part of their non-binding agreements and within their specific priority offshore
grid corridors, to consider establishing specific cross-border goals, such as for hybrid or cross-
EN 16 EN
border radial projects, with the aim to achieve the goals for offshore renewable generation to
be deployed within each sea basin in the most efficient manner.
Chapter VI strengthens the provisions for a regulatory framework enabling investments with a
cross-border impact.
Firstly, it specifies in Article 17 the principles that national regulatory authorities must apply
when allocating costs across borders, including that in order to ensure investment certainty,
the cross-border cost allocation (‘CBCA’) must be based on an ex-ante cost-allocation
agreement, with the possibility of ex-post adjustments, provided that such adjustments are
explicitly defined in the cost allocation decision and clearly framed, including as regards
timeframes and categories of costs covered. Where appropriate, the allocation of costs
amongst Member States shall be based on the distribution of net-benefits. It also includes that
if 10% or more of a project’s estimated benefits occur in a Member State, that Member State
and its national regulatory authority shall take part in the cross-border cost allocation process.
ACER is mandated to update its Recommendation on identifying good practices for the
treatment of investment requests for projects in line with the above-mentioned principles and
to establish a central repository of all cross-border cost-allocation decisions taken by national
regulatory authorities and to host it on its website as well as to provide a non-binding CBCA
template to facilitate the work of national regulatory agencies.
Secondly, a new Article (Article 18) is introduced, which supports a process under which
project promoters may bundle two or more projects of common interest and projects of
mutual interest to facilitate the discussions on cost-sharing between the relevant Member
States, and with third countries as appropriate, and the CBCA decisions between the
concerned competent authorities of the Member States or between the competent authorities
of the Member States and third countries, as appropriate. Article 18 further clarifies the rules
on joint cost-benefit analysis and CBCA applicable to such bundles of projects in view of
facilitating a possible CEF application.
Thirdly, new Article (Article 19) is introduced, requiring transmission system operators
(‘TSOs’) to set aside, for network investments into projects on the Union list relevant to
reducing interconnector congestion, 25% of the congestion rents not spent for guaranteeing
the actual availability of allocated capacity and for compensation to offshore renewable
electricity generation plant operators. Article 19 specifies conditions for the use of the funds
and empowers the Commission to adopt delegated acts to further specify the conditions under
which TSOs may use these funds and the conditions for their release. ACER is required to
update its existing methodology on the use of revenues from congestion income pursuant
Article 19(4) Electricity Regulation to ensure consistency with these new provisions.
Lastly, Article 20 lays down the conditions under which Member States and national
regulatory authorities may grant appropriate incentives for projects that incur higher risks for
the development, construction, operation or maintenance, when compared to the risks
normally incurred by a comparable infrastructure project.
Chapter VII sets out the conditions for the eligibility of projects on the Union list for financial
assistance under the Connecting Europe Facility, including for the new infrastructure
categories. In particular, compared with Regulation (EU) 2022/689, Article 21 sets out in
more detail the criteria applicable for projects other than the energy infrastructure that are
under the competence of national regulatory authorities. Since those projects do not receive a
CBCA, they must receive an evaluation carried out by the relevant national authority and the
provision develops the conditions for such an evaluation. Article 22 provides that the specific
criteria set out in Article 4(3) and the parameters set out in Article 4(5) of the Regulation must
be applied for the purpose of establishing award criteria for Union financial assistance under
EN 17 EN
the Regulation on the Connecting Europe Facility and lays down additional requirements for
legacy gas projects concerning Cyprus and Malta under Article 27 of the Regulation.
Chapter VIII includes final provisions regarding delegated acts, reporting and evaluation,
including regarding the digitalisation of the permitting process, the improvement of physical
and cyber security resilience of cross-border energy infrastructure and the uptake of non-wire
solutions, the review of the Regulation as well as information and publicity of the projects. It
further maintains the existing derogations for the gas interconnectors of Malta and Cyprus
until Cyprus or Malta, respectively, is directly interconnected to the trans-European gas
network or until 31 December 2029, whichever is the earlier. The Chapter further lists
amendments to other energy acquis resulting from the amendments introduced in the
Regulation and sets out transitional provisions and provisions for the repeal of the current
TEN-E Regulation. In particular, the revised Regulation does not affect the granting,
continuation or modification of financial assistance awarded previously under the Connecting
Europe Facility, and the existing Union list of projects of common interest and projects of
mutual interest is to remain in force and produce effects until a new Union list of projects of
common interest and projects of mutual interest pursuant to this Regulation is established and
enters into force.
EN 0 EN
2025/0399 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on guidelines for trans-European energy infrastructure, amending Regulations (EU)
2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 172 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Having regard to the opinion of the Committee of the Regions2,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) The Commission Communication of 26 February 2025 on the “Clean Industrial Deal”3
sets out a joint roadmap for competitiveness and decarbonisation. Securing affordable
energy is a key condition for the competitiveness of the Union industry, especially for
energy-intensive sectors. Access to affordable energy is therefore a cornerstone of the
Clean Industrial Deal as well as the Action Plan for Affordable Energy4. At the same
time, decarbonisation policies are a powerful driver of growth when they are well
integrated with industrial, competition, economic and trade policies as set out in the
Commission Communication of 29 January 2025 on a “Competitiveness Compass for
the EU”5. With Regulation (EU) 2021/1119 of the European Parliament and of the
Council6, the Union has set out an ambitious framework to become a decarbonised
economy by 2050.
1 OJ C , , p. . 2 OJ C , , p. . 3 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 26 February 2025, “The Clean
Industrial Deal: A joint roadmap for competitiveness and decarbonisation” (COM(2025) 85 final). 4 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 26 February 2025: “Action Plan
for Affordable Energy - Unlocking the true value of our Energy Union to secure affordable, efficient
and clean energy for all Europeans”, COM(2025) 79 final. 5 Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions of 29 January 2025,
“A Competitiveness Compass for the EU” (COM(2025) 30 final). 6 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing
the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)
EN 1 EN
(2) As part of the ambition of Regulation (EU) 2021/1119, the binding Union level target
for renewable energy for 2030 has been increased to 42.5 % renewable energy in the
Union’s energy mix by 2030, aiming for 45 %7, and the binding Union level target for
energy efficiency has been made more ambitious, with a reduction of Union final
energy consumption by 11.7 % by 2030, compared to 2020 projections8. With the
intermediate target of at least 55 % net greenhouse gas (GHG) emissions reduction
compared with 1990 levels by 2030 well on track, on 2 July 2025 the Commission
proposed an amendment to Regulation (EU) 2021/11199 setting a Union climate target
for 2040 of a 90 % reduction in net GHG emissions, compared to 1990 levels.
(3) Infrastructure needs to be in place to support the Union energy transition in accordance
with those targets, including rapid electrification, scaling up renewable and fossil fuel
free electricity generation, the increased use of renewable and low-carbon gases,
energy integration and a higher uptake of innovative solutions. Current investments in
cross-border energy infrastructure are clearly insufficient to transform and build the
energy infrastructure needed to support those targets and there is a substantial gap
between our cross-border electricity infrastructure needs and the speed and level of
infrastructure development at both the transmission and distribution grid level.10 For
electricity, about half of cross-border electricity needs for 2030 (41 of 88 GW) will
remain unaddressed, and this gap is expected to increase the next decade. By 2040,
cross-border electricity capacity needs will amount to 108 GW.11. Increased
investments in energy infrastructure are therefore necessary, and the Draghi report12
pointed in particular to the need to rapidly increase the deployment of cross-border
energy infrastructure to decarbonise Europe’s industry. In the Clean Industrial Deal13
and the accompanying “Action Plan for Affordable Energy”14, the Commission
underlined the crucial role of completing the Energy Union by investing in energy
infrastructure and cross-border grids for safeguarding the competitiveness of Union
industry and the prosperity of people as well as for the affordability and security of
energy supply.
2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1,
ELI: http://data.europa.eu/eli/reg/2021/1119/oj). 7 Directive (EU) 2023/2413 of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU)
2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and
repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023,
ELI: http://data.europa.eu/eli/dir/2023/2413/oj). 8 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on
energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p.1,
ELI: http://data.europa.eu/eli/dir/2023/1791/oj). 9 COM(2025) 524 final of 2 July 2025. 10 ACER (2024): Electricity infrastructure development to support a competitive and sustainable energy
system (2024 Monitoring Report) 11 ENTSO-E (2025), TYNDP 2024. Opportunities for a more efficient European power system by 2050.
Infrastructure Gaps Report. 12 M. Draghi (2025): “The future of European competitiveness”. 13 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 26 February 2025, “The Clean
Industrial Deal: A joint roadmap for competitiveness and decarbonisation”, COM(2025) 85 final. 14 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 26 February 2025, “Action Plan
for Affordable Energy - Unlocking the true value of our Energy Union to secure affordable, efficient
and clean energy for all Europeans” (COM(2025) 79 final).
EN 2 EN
(4) Regulation (EU) 2022/869 of the European Parliament and of the Council15 laid down
guidelines for the timely development and interoperability of priority corridors and
areas of trans-European energy infrastructure in order to contribute to ensuring climate
change mitigation in particular achieving the Union’s 2030 targets for energy and
climate change and the climate neutrality objective by 2050 at the latest and to
ensuring interconnections, energy security, market and system integration and
competition that benefits all Member States, as well as affordability of energy prices.
In particular, Regulation (EU) 2022/869 provides for the identification of projects of
common interest and of projects of mutual interest, facilitates their implementation
and determines the conditions for eligibility of those projects for Union financial
assistance. However, given their cross-border nature, projects of common interest and
projects of mutual interest not only create significant positive externalities and foster
solidarity, but also entail specific challenges for project promoters, due to their multi-
jurisdictional nature, coordination challenges and an often asymmetrical distribution of
costs and benefits. They therefore continue to require a Union level framework.
(5) While the objectives of Regulation (EU) 2022/869 remain largely valid, the current
trans-European energy networks framework should be adjusted to fully reflect the
expected changes to the energy system that will result from the new policy context and
in particular the 2050 climate neutrality objective and the proposed intermediary target
for 2040. In particular, there is a need for more integrated grid planning to support an
increasingly interdependent and decentralised internal energy market, faster permit
granting processes and to ensure the security and resilience of cross-border energy
infrastructure to be adequately reflected in the revised trans-European energy networks
framework. Besides the new political context and objectives, technological
development has been rapid in the past decade. That development should be taken into
account in the energy infrastructure categories covered by this Regulation, the
selection criteria for projects of common interest and projects of mutual interest as
well as the priority corridors and areas. At the same time, the provisions of this
Regulation should not affect a Member State’s right to determine the conditions for
exploiting its energy resources, its choice between different energy sources and the
general structure of its energy supply, in accordance with Article 194 of the Treaty.
(6) The implementation of the identified 13 trans-European energy infrastructure priority
corridors and thematic areas is essential for the achievement of the Union’s energy and
climate targets including further market integration, energy security, the 2050 climate
neutrality objective as well as affordability of energy prices. Those priorities cover
investments in electricity transmission and storage, offshore grids for renewable
energy, smart electricity grids, equipment and installation designed to ensure
protection and resilience of existing critical network elements, hydrogen transmission,
storage and terminals, electrolysers, and the transport and storage of carbon dioxide as
well as monitoring, control and digitalisation equipment and installation essential for
existing high-voltage networks of cross-border relevance.
(7) The Union’s energy infrastructure should be upgraded in order to increase its
resilience against natural or man-made disasters, adverse effects of climate change,
deliberate hostile actions and threats to its security, in particular as regards European
15 Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on
guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU)
2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation
(EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45, ELI: http://data.europa.eu/eli/reg/2022/869/oj).
EN 3 EN
critical infrastructures pursuant to Directive 2022/2557 of the European Parliament
and of the Council16.
(8) In the current geopolitical context, it is important to ensure the uninterrupted flow of
electricity across borders to ensure security of supply. This depends not only on the
resilience of interconnectors between Member States, but also on the resilience of
critical network elements. Therefore, this Regulation should introduce a new
infrastructure category in the form of investments into equipment and installations
directly connected to and designed to enhance the critical network elements’ resilience
and protection. That new infrastructure category should cover critical network
elements, as set out in Regulation (EU) 2019/943 of the European Parliament and of
the Council17, that support network security and supply security in accordance with the
Member States’ crisis scenarios and risk preparedness plans under Regulation (EU)
2019/941 of the European Parliament and of the Council 18.
(9) While foreign investment can bring benefits such as increased financing options for
capital-intensive projects, it can also increase the Union’s exposure to energy security
related risks such as disruptions or reduced reliability of cross-border flows, in
particular where such foreign investments originate from third countries with
diverging geopolitical interests from the Union. Transparency regarding ultimate
beneficiary ownership, including information on the ultimate investor and
participation in the capital as set out in Regulation (EU) 2019/452 of the European
Parliament and of the Council19, of cross-border energy infrastructure and projects
with a cross-border impact is therefore crucial to prevent the Union from becoming
dependent on non-trusted third countries and should be taken into consideration when
selecting projects of common interest and projects of mutual interest.
(10) To ensure cost-efficient and accelerated grid development and access to grids in the
Union, non-wire solutions should play a prominent role in addressing system needs
next to physical grid reinforcement, as they may be deployed faster and at lower costs.
Deploying such technologies should be considered before investing in the expansion
of grid infrastructure. To this aim, a new infrastructure category should cover
investments in non-wire technologies and digital solutions, including software
solutions, where they are deployed on existing critical network elements relevant for
cross-border trade, and where bringing quantified benefits for market integration in
terms of increasing cross-border capacity.
(11) A decarbonised gas and hydrogen legislative package was adopted with Regulation
(EU) 2024/1789 of the European Parliament and of the Council20 and Directive (EU)
16 Directive EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the
resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p.
164, ELI: http://data.europa.eu/eli/dir/2022/2557/oj). 17 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal
market for electricity (OJ L 158, 14.6.2019, p. 54, ELI: http://data.europa.eu/eli/reg/2019/943/oj). 18 Regulation (EU) 2019/941 of the European Parliament and of the Council of 5 June 2019 on risk-
preparedness in the electricity sector and repealing Directive 2005/89/EC (OJ L 158, 14.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/941/oj).
19 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019
establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I,
21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj). 20 Regulation (EU) 2024/1789 of the European Parliament and of the Council of 13 June 2024 on the
internal markets for renewable gas, natural gas and hydrogen, amending Regulations (EU) No
1227/2011, (EU) 2017/1938, (EU) 2019/942 and (EU) 2022/869 and Decision (EU) 2017/684 and
EN 4 EN
2024/1788 of the European Parliament and of the Council21 to set common rules at
Union level for the transition to renewable and low-carbon gases. The infrastructure
categories set out in this Regulation should be fully aligned with the objectives of that
package and ensure that energy infrastructure projects have a significant cross-border
impact. Where technically possible and most efficient, the possibility of repurposing
existing infrastructure and equipment should be taken into account in the development
of such projects.
(12) Regional groups (Groups) should be established for the purpose of proposing and
reviewing projects of common interest and projects of mutual interest, leading to the
establishment of regional lists of projects of common interest and projects of mutual
interest. In order to ensure broad consensus, those Groups should include and ensure
close cooperation between Member States, national regulatory authorities, project
promoters and relevant stakeholders. In the context of that cooperation, national
regulatory authorities should, where necessary, advise Groups, inter alia, on the
feasibility of the national regulatory aspects of proposed projects and on the feasibility
of the proposed timetable for regulatory approval.
(13) In order to increase the efficiency of the network planning and project development
processes, cooperation between the Groups should be strengthened. It is necessary that
the Commission play an important role in facilitating that cooperation with a view to
addressing the possible impact of projects developed within one region on other
regions.
(14) In order to complement the Groups, several regional cooperation fora have been
established with the support of the Commission. Regional cooperation within and
between the fora and the Groups is a key tool to ensure deeper integration of the
European energy system. The four High-Level Groups cover different European
regions also with the involvement of third countries: the Baltic Energy Market
Interconnection Plan (BEMIP), the North Seas Energy Cooperation (NSEC), the High-
Level Group on Interconnections for South-West Europe (SWE) and the High-Level
Group for Central and South-Eastern European Energy Connectivity (CESEC).
Regional cooperation in those fora has been successful in supporting monitoring and
accelerating the implementation of key energy infrastructure projects of regional
dimension and of market integration actions. Consequently, those regional cooperation
fora should be increasingly deployed to support the achievement of the objectives of
this Regulation.
(15) A new Union list of projects of common interest and projects of mutual interest (“the
Union list”) should be established every two years. Projects of common interest and
projects of mutual interest that have been completed or that no longer fulfil the
relevant criteria and requirements as set out in this Regulation should not appear on
the subsequent Union list.
(16) Existing projects of common interest and existing projects of mutual interest that are
to be included in the subsequent Union list should be subject to the same selection
repealing Regulation (EC) No 715/2009 (OJ L, 2024/1789, 15.7.2024,
ELI: http://data.europa.eu/eli/reg/2024/1789/oj). 21 Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 on common
rules for the internal markets for renewable gas, natural gas and hydrogen, amending Directive (EU)
2023/1791 and repealing Directive 2009/73/EC (OJ L, 2024/1788, 15.7.2024,
ELI: http://data.europa.eu/eli/dir/2024/1788/oj).
EN 5 EN
process for the establishment of regional lists and for the establishment of the Union
list applied to proposed projects unless they have obtained an approval of the
competent national regulatory authority or a final investment decision providing
sufficient assurance of the construction of the projects or their construction is ongoing
and they show sufficient progress in their annual report, in which case they should
remain on the Union list.
(17) Where existing projects of common interest and existing projects of mutual interest
that are to be included in the following Union list are subject to the same selection
process for the establishment of regional lists and for the establishment of the Union
list applied to proposed projects, the administrative burden should be reduced to the
extent possible, for example by using project information submitted previously in the
assessment, if still up to date.
(18) Projects of common interest and projects of mutual interest should comply with
common, transparent and objective general and specific criteria in view of their
contribution to the energy policy objectives. In order to be eligible for inclusion in the
Union list, proposed electricity projects, with the exception of smart electricity grids
and projects specifically designed to provide protection and resilience to existing
critical network elements, should be part of the latest available Union-wide ten-year
network development plan. Likewise, proposed hydrogen and electrolyser projects
should be part of the latest available Union-wide ten-year network development plan.
(19) Sustainability in terms of the integration of renewable energy sources into the grid or
the reduction of greenhouse gas emissions, as relevant, is a key criterion for ensuring
that trans-European energy networks policy is coherent with the Union’s targets for
energy and climate and the 2050 climate neutrality objectives, taking into account the
specificities of each Member State in reaching the climate neutrality objective. To this
end, sustainability is one of the assessment criteria to be applied for all project
categories.
(20) There is a growing need for stronger market integration and interconnectivity of the
networks of the Union with those of the European Economic Area (EEA) and the
Energy Community. Therefore, the benefits and costs of projects of mutual interest
between a Member State and a country in the EEA or a Energy Community
contracting party should be considered cumulatively for the Union and for the country
concerned in the EEA or the contracting party concerned in the Energy Community.
(21) The Union should facilitate infrastructure projects linking Union networks directly
with third-country networks which are mutually beneficial and necessary for the
energy transition and the achievement of the climate targets, and which also meet the
specific criteria of the relevant infrastructure categories pursuant to this Regulation. To
reinforce the focus on cross-border projects and to maintain complementarity with the
Union’s external policy, in the case of projects of mutual interest, the projects should
directly connect a Member State with the first electricity network connection point or
the first hydrogen or carbon dioxide connection point in the third country.
(22) As regards projects of mutual interest related to electricity networks, only
interconnection projects linking energy systems should be eligible, provided that their
transfer capacity could be fully used for market exchanges. It is the responsibility of
the respective transmission system operators (TSOs) to assess in advance the impacts
of any projects on the grid security and stability in order to confirm that the project can
be fully integrated into the electricity networks of the countries concerned.
EN 6 EN
(23) It is necessary to ensure that projects of mutual interest, which are granted priority
treatment, genuinely advance the Union’s internal market, security of supply and
climate neutrality objectives. Therefore, projects of mutual interest should be eligible
for inclusion in the Union list only where the policy framework of a third country
involved has a high level of convergence and is supported by enforcement
mechanisms, and such projects demonstrate a contribution to the Union’s and the third
countries’ overall energy and climate policy objectives in terms of security of supply
and decarbonisation.
(24) A high level of convergence of the policy framework should be presumed for the EEA
or Energy Community contracting parties or can be demonstrated in case of other third
countries through bilateral agreements that include relevant provisions on climate and
energy policy objectives on decarbonisation and further assessed by the appropriate
Group with the support of the Commission. In addition, the third country with which
the Union cooperates in the development of projects of mutual interest should
facilitate a similar timeline for accelerated implementation and other policy support
measures, as provided for in this Regulation.
(25) The third country involved should ensure that the section of the project of mutual
interest located in the third country and any additional investments necessary for the
total benefits of the project of mutual interest to be implemented, such as internal grid
reinforcements, are also treated as a priority and are timely deployed to ensure full use
of the project.
(26) In order to ensure that projects for the storage of carbon dioxide which involve third
countries contribute to cross-border carbon dioxide transport and storage in a manner
consistent with the Union’s climate and environmental requirements, such projects
should only be eligible if they are necessary for the functioning of cross-border
transport and storage of carbon dioxide and where the third country maintains and
effectively enforces an adequate legal framework. This legal framework in the third
country should ensure the application of standards and safeguards that prevent carbon
dioxide leaks and that guarantee the safety and effectiveness of the permanent storage
of carbon dioxide for the protection of climate, human health and ecosystems. Those
standards and safeguards should provide a level of protection at least equivalent to that
laid down in Union law. It should be presumed that the EEA or Energy Community
Contracting Parties meet those standards and safeguards.
(27) Projects of common interest and projects of mutual interest should be implemented as
quickly as possible and should be closely monitored by the national competent
authorities, the Agency and the Groups, while duly observing the requirements for
stakeholder participation and environmental legislation and keeping the administrative
burden for project promoters to a minimum. Particular attention should be paid to the
assessment of risks as regards climate adaptation and as regards physical and cyber
security, building where applicable on the requirements of Directive (EU) 2022/2557
with regard to the resilience of critical entities and the requirements of Directive
2022/2555 of the European Parliament and of the Council22 with regard to measures
for a high level of cybersecurity across the Union, and project promoters should report
22 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on
measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No
910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive)
(OJ L 333, 27.12.2022, p. 80, ELI: http://data.europa.eu/eli/dir/2022/2555/oj).
EN 7 EN
to the national competent authorities on the measures taken resulting from the risks
assessed. Project promoters should also report on the compliance with environmental
legislation and demonstrate that projects do ‘no significant harm’ to the environment
within the meaning of Article 17 of Regulation (EU) 2020/852 of the European
Parliament and of the Council23. For existing projects of common interest having
reached sufficient maturity, those considerations should be taken into account during
project selection for the subsequent Union list by the Groups.
(28) The Commission should have the possibility to nominate European coordinators for
projects facing particular difficulties or delays, in order to facilitate the
implementation of projects which encounter difficulties.
(29) The permit-granting process should neither lead to administrative burdens which are
disproportionate to the size or complexity of a project, nor create barriers to the
development of the trans-European networks and market access.
(30) Projects of common interest and projects of mutual interest should be given priority
status at national level to ensure rapid administrative treatment and urgent treatment in
all judicial and dispute resolution procedures relating to them.
(31) Member States that currently do not attribute the highest possible national significance
to energy infrastructure projects as regards the permit-granting process, are
encouraged to consider introducing such a high national significance, in particular
where this could lead to a quicker permit-granting process.
(32) Member States that do not currently have in place accelerated or urgent judicial
procedures applicable to energy infrastructure projects should be encouraged to
consider introducing such procedures, in particular by evaluating whether that would
lead to the quicker implementation of such projects.
(33) Projects concerning hydrogen assets, electrolyser facilities and carbon dioxide assets
contribute to energy and climate goals, including with regard to the need to accelerate
the deployment of renewable energy and its integration in their energy mix. Therefore,
all projects of common interest and projects of mutual interest concerning hydrogen,
electrolyser facilities, and carbon dioxide assets should be considered to be of public
interest from an energy policy perspective, and it should be possible for Member
States to consider them as being of overriding public interest, except for cultural
heritage and where there is clear evidence that those projects have significant adverse
effects on the environment which cannot be mitigated or compensated for.
(34) Due to their role integrating renewable energy assets, flexibility solutions, energy
storage and electrification in general, electricity infrastructure projects are considered
essential to reach climate neutrality. Therefore, until the Union climate neutrality
target is achieved, such projects should be presumed to be of overriding public interest
and to serve public health and safety where balancing competing legal interests,
except for cultural heritage and where there is clear evidence that those projects have
significant adverse effects on the environment which cannot be mitigated or
23 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the
establishment of a framework to facilitate sustainable investment, and amending Regulation (EU)
2019/2088 (OJ L 198, 22.6.2020, p. 13, ELI: http://data.europa.eu/eli/reg/2020/852/oj).
EN 8 EN
compensated for, as provided for in Directive (EU) 2019/944 of the European
Parliament and of the Council24.
(35) Due to their importance to reach climate neutrality, and their strategic importance as
projects on the Union list, it should be possible for Member States to allow for projects
of common interest and projects of mutual interest concerning electricity25 that have
been expressly included in a National Development Plan which was subject to a
strategic environmental assessment in accordance with Directive 2001/42/EC of the
European Parliament and of the Council26, and, if it is likely to have a significant
impact on Natura 2000 sites, to the appropriate assessment pursuant to Article 6(3) of
Directive 92/43/EEC, to be exempted from environmental impact assessments under
Directive 2011/92/EU, from assessments of their implications on species protection
pursuant to Article 12(1) of Directive 92/43/EEC and to Article 5 of Directive
2009/147/EC, and from assessments of their implications for Natura 2000 sites. Such
exemptions should be possible until climate neutrality is achieved.
(36) In order to mitigate any possible impact of such exemptions, following the screening
Member States’ competent authorities should ensure that appropriate and
proportionate mitigation measures are applied, considering the use of the best
available technologies. Where it is not possible to apply such mitigation measures,
competent authorities should ensure that project promoters adopt appropriate
compensatory measures to address those effects, which, if other proportionate
compensatory measures are not available, may include the payment of monetary
compensation for species protection programmes. In addition, where a project is likely
to have significant negative effects on the environment of another Member State, the
national competent authorities should ensure that the Member States concerned have
cooperated to identify measures to avoid the significant impacts, or, where needed, to
mitigate or compensate them.
(37) In order to speed up the deployment of the trans-European energy network, the
conditions for applying specific derogations as set out in Union environmental
legislation should be clear. In particular, when assessing whether there are satisfactory
alternative solutions to energy projects, the scope of such assessment should be limited
to alternative solutions that ensure the achievement of the same objective within the
same or similar timeframe and without resulting in significantly higher costs. When
comparing the timeframe and the cost of satisfactory alternative solutions, the relevant
authorities should be able to take into account the need to deploy projects of common
interest and projects of mutual interest in an accelerated and cost-effective manner in
accordance with the priorities set out in their integrated national energy and climate
plans and updates thereof submitted to the Commission pursuant to Regulation (EU)
2018/1999.
24 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common
rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019,
p. 125, ELI: http://data.europa.eu/eli/dir/2019/944/oj). 25 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the
assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012,
p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj http://data.europa.eu/eli/dir/2011/93/oj). 26 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the
assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.
30, http://data.europa.eu/eli/dir/2001/42/oj).
EN 9 EN
(38) Similarly, when applying the relevant derogation provided for in Directive 92/43/EEC,
it is appropriate that the relevant authorities may, in justified cases and where it can be
reasonably demonstrated that the plan or project would not irreversibly affect, before
the measures are put into place, the overall coherence of the Natura 2000 network, the
environmental integrity of the site is preserved and a high level of protection of the
Natura 2000 sites is ensured, allow that compensatory measures are carried out in
parallel with the implementation of the plan or project.
(39) In order to reduce complexity, increase efficiency and transparency, and help enhance
cooperation among Member States, Member States should ensure that there is one
single competent authority responsible for facilitating and coordinating all permit-
granting processes towards the issuing of a comprehensive decision, cooperating with
other concerned authorities and national competent authorities of other Member States,
acting as a sole point of contact for promotors mediating their contact with other
authorities, and monitoring the development and delays of projects on the Union list.
(40) To increase the efficiency of procedures, national competent authorities should also be
responsible for ensuring that, for hybrid transmission and generation projects, the
timeline for permitting aligns to all assets of the project in a manner that expedites the
permit-granting process for the generation and transmission assets.
(41) In order to simplify and expedite the permit-granting process for projects on the Union
list located in two or more Member States, a unique point of contact amongst the
national competent authorities should be jointly designated by the Member States
concerned. Having a single authority facilitating the process, and issuing the final
comprehensive decision, should lighten the administrative burden for project
developers and reduce complexity, increase efficiency and speed up the permit-
granting process, especially where Member States provide for joint procedures with
aligned timelines and assessments. To ensure effective cross-border cooperation, the
Commission should focus on identified interconnection priority projects strengthening
the coordination and monitoring of their implementation and permitting. For that
purpose, the Commission should support Member States in identifying joint
procedures for an effective and efficient permit-granting process.
(42) Member States should be able to include in comprehensive decisions, where
appropriate, decisions taken in the context of negotiations with individual landowners
to grant access to, ownership of, or a right to occupy, property in the context of spatial
planning, which determines the general land use of a defined region, including other
developments such as highways, railways, buildings and nature protection areas and
which is not undertaken for the specific purpose of the planned project and granting of
operational permits. In the context of the permit-granting process, a project of
common interest should be able to include related infrastructure to the extent that it is
essential for the construction or functioning of the project.
(43) This Regulation, in particular the provisions on permit-granting, public participation
and the implementation of projects of common interest, should apply without
prejudice to Union and international law, including provisions to protect the
environment and human health, and provisions adopted under the Common Fisheries
EN 10 EN
Policy and Integrated Maritime Policy, in particular Directive 2014/89/EU of the
European Parliament and of the Council27.
(44) It is essential that stakeholders, including civil society, are provided with information
and are consulted, in order to ensure the success of projects and to limit objections to
them. Despite the existence of established standards ensuring the participation of the
public in environmental decision-making procedures, which apply fully to projects of
common interest, additional measures should be required to ensure the highest
possible standards of transparency and public participation in all relevant issues in the
permit-granting process for projects of common interest. Where already covered by
national rules under the same or higher standards as in this Regulation, the pre-
consultation ahead of the permit-granting process should be optional and duplication
of legal requirements should be avoided.
(45) The correct and coordinated implementation of Directives 2001/42/EC and
2011/92/EU and, where applicable, of the United Nations Economic Commission for
Europe Convention on access to information, public participation in decision-making
and access to justice in environmental matters28, signed in Aarhus on 25 June 1998
(the ‘Aarhus Convention’), and of the Convention on environmental impact
assessment in a transboundary context29, signed in Espoo on 25 February 1991 (the
‘Espoo Convention’), should ensure the harmonisation of the main principles for the
assessment of environmental and climate effects, including in a cross-border context.
The Commission has issued guidance to support Member States to streamline the
environmental assessment procedures for energy infrastructure and to ensure the
coherent application of environmental assessment procedures required under Union
law for projects of common interest.
(46) It is important to streamline and improve the permit-granting process, while
respecting, to the extent possible and with due regard to the principle of subsidiarity,
national competences and procedures for the construction of new energy
infrastructure. Given the urgency of developing energy infrastructures, the
simplification of the permit-granting process should set a clear time limit for the
decision of the relevant authorities regarding the construction of the project. That time
limit should stimulate an efficient definition and handling of procedures. This
Regulation should establish maximum time limits. However, Member States can strive
to achieve shorter time limits where feasible, in particular, as regards projects such as
smart grids, which may not require as complex a permit-granting process as the one
for transmission infrastructure.
(47) The lack of resources of permit-granting authorities and the
lack of digitalisation of permit-granting processes and data availability
are bottlenecks slowing down permit-granting processes. Digitalisation and an
appropriate use of artificial intelligence features are expected to speed up procedures
and to increase efficiency of processes by allowing for faster handling of applications
and increase transparency through improved access to information on procedural steps
and requirements. However, digitalisation of permit-granting processes is lagging
behind, with data often scattered across different competent authorities without unified
27 Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a
framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135,
http://data.europa.eu/eli/dir/2014/89/oj) 28 OJ L 124, 17.5.2005, p. 4 29 OJ C 104, 24.4.1992, p. 7
EN 11 EN
digital processes or platforms, and without interoperability being ensured. That leads
to lack of clarity on the status of the applications and hindering the identification of
bottlenecks. Therefore, Member States should set up a digital platform at national
level for all the steps of the permit-granting processes for renewable
energy, storage and grid projects so that the digitalisation of procedures is uniform,
interoperable and transparent maximising its benefits in terms of speeding up the
permit-granting process. Such platforms should enable project promoters to file
applications and check their status, attribute them to the competent authorities, and
allow authorities to process them by having access to all relevant data and information,
without the need for intermediate paper-based steps. In addition, such platform should
allow for the extraction of statistics on the overall progress of permit-granting
processes in Member States. Such digital platforms should rely on secure and
interoperable means provided through European Digital Identity Wallets, in
compliance with the requirements of Regulation (EU) No 910/2014, for natural
persons and, in the future, with European Business Wallets, in compliance with
[Regulation (EU) No XXX/20YY], for legal persons, for enabling electronic
identification and authentication, signing or sealing of documents, submission of
documents and sending or receiving notifications between competent authorities and
economic operators
(48) The competent authorities should be responsible for ensuring compliance with the
time limits established in this Regulation. Further, in line with the urgency to deploy
energy infrastructures, and the strategic importance of projects of common interest and
projects of mutual interest to achieve the Union’s energy and climate goals and to the
extent that the concept of tacit approval exists under national law, Member States
should ensure that the lack of a reply by the national competent authorities within the
deadline set out in this Regulation, or a lack of a reply by an authority concerned
within the deadline established by the national competent authority, leads to the
specific opinion, authorisation or permit being tacitly approved or answered positively,
with the exception of environmental decisions, and that such conclusion is made
public.
(49) The permit-granting process should provide for two procedures, namely the optional
pre-application procedure where the work towards a complete application file is
delivered and accepted by the national competent authority, and the mandatory
statutory permit-granting procedure between the acceptance of the file and the moment
the authorities render a comprehensive decision. Within the pre-application phase
national competent authorities should carry out a series of tasks. They should screen
the project and notify the project promoter of what authorisations, studies, permits and
assessments are required to complete the permit-granting process, including the
environmental assessments and mitigation or compensation measures that should be
deployed. They should define the scope and level of detail of the documentation
identified in the screening conclusions, making sure that no subsequent documentation
is to be requested from the project promoter save for where a material change has
occurred to the project or its surrounding environment that renders the conditions and
assumptions used to determine the scope non-applicable. They should draw up a
detailed schedule for the permit-granting process. After receiving the draft application
file, including all the preparatory documents, they should decide whether the file is
deemed complete or requires the missing information in accordance with what was
identified at the pre-application procedure.
EN 12 EN
(50) Where it is considered efficient, the national competent authorities may design the
permitting requirements for the permit-granting process and public consultations of a
certain project to take place in phases, provided the permit-granting process is
simplified and accelerated.
(51) This Regulation should apply only to the granting of permits for projects of common
interest and projects of mutual interest, public participation therein and the regulatory
treatment of the projects. Member States should nevertheless be able to adopt national
provisions to apply the same or similar rules to other projects that do not have the
status of projects of common interest or projects of mutual interest within the scope of
this Regulation.
(52) The Union-wide ten-year network development plan process provides a solid basis for
the identification of projects of common interest and projects of mutual interest. While
the European Network of Transmission System Operators for Electricity (ENTSO for
Electricity), the European Network of Transmission System Operators for Gas
(ENTSO for Gas), the European Network of Network Operators for Hydrogen
(ENNOH) and TSOs continue to play an important role in the process, more
streamlining and steering is required, in particular as regards defining the scenarios for
the future, identifying long-term infrastructure gaps and energy infrastructure
bottlenecks and addressing those gaps with most adequate solutions, to increase the
political weight, pertinence and robustness of the process. Therefore, the Agency and
the Commission should have an increased role in the process for drawing up the
Union-wide ten-year network development plans pursuant to Regulations (EU)
2019/943 and (EU) 2024/1789.
(53) Considering that the selected scenario and its underlying assumptions play a major
role in the Union-wide network development planning process, the Commission
should play a central role in defining it. That should help streamline the inputs and
ensure better compliance with the Union’s policy targets. It is also appropriate for the
Union-wide ten-year network development plans to be based on one central scenario,
with possible sensitivity analyses to the scenario in case of change of external
conditions, because the main purpose of the scenario is to provide a common basis for
the assessment of the infrastructure gaps and benefits of candidate projects of common
interest and project of mutual interest. The increased importance of the central
scenario requires close involvement of the ENTSO for Electricity, the ENNOH, and
the ENTSO for Gas, the Member States and the Agency to ensure that relevant data
and information is provided, and that the scenario is aligned with national
developments. The Stakeholder Reference Group should continue providing
coordinated stakeholder input and advice on scenario development.
(54) The process of identifying infrastructure needs should play a stronger role in guiding
planned infrastructure investments. Compared to current practice, the process should
be broader and consider more thoroughly cross-sectoral links and non-wire solutions,
in order to clearly identify what solutions best serve the energy system in achieving
the energy and climate goals. The Agency should be more involved in setting the
framework for the process and its verification to increase acceptance of the subsequent
solutions necessary to address the gaps. The Agency should develop methodologies
for the process of identifying infrastructure needs to be conducted by the ENTSO for
Electricity and the ENNOH in order to ensure that the outcomes are sufficiently robust
and in accordance with the principles set out in this Regulation. The ultimate
endorsement of the needs identification report by the decision-making body of the
EN 13 EN
TEN-E Group should be a strong signal to project promoters where the possible
projects are needed.
(55) Making the process of identifying infrastructure needs more comprehensive and
granular should enable better matchmaking of planned projects with the needs for
transmission capacity expansion. It should also enable a follow-up process leading to
identifying new solutions which could address unmatched needs. TSOs should be the
primary entity to suggest possible projects to address the gaps, but alternative
solutions coming from other stakeholders should also be considered. Therefore, a
needs matching process should be an outcome of regional cooperation and involve
relevant stakeholders in the discussions. The central role of the Commission in the
process should enhance regional cooperation and involvement of Member States,
national regulatory authorities, project promoters and other relevant stakeholders in the
effort to come up with the most adequate projects, be it non-wire or infrastructure
solutions to match any possible unaddressed needs. As a last resort, the Commission
should have the right to launch a call for proposals to overcome insufficient progress
in addressing persisting gaps. It should be ensured that eligible projects are included as
soon as possible in the subsequent national development plans, Union-wide ten-year
network development plan and the Union list.
(56) An energy system-wide cost-benefit analysis is necessary to ensure that infrastructure
planning reflects the evolving needs of an integrated and decarbonised system, by
consistently assessing all relevant costs and benefits in order to identify the most
efficient solutions for achieving Union energy and climate objectives. Non-wire
solutions, such as dynamic line and transformer rating, advanced power flow control
systems or digital twin platforms should play a greater role in addressing network
needs both in operational and expansion terms and should therefore also be covered by
the energy system wide cost-benefit analysis.
(57) The Union-wide ten-year network development plan should provide a comprehensive
overview of planned infrastructure projects having cross-border impacts in the Union.
Non-wire and flexibility solutions should form an intrinsic part of the plan so that it
provides a full picture of future investments necessary for optimal operation of the
electricity and hydrogen networks. A specific consideration should also be given to
projects improving security and resilience of the network.
(58) In carrying out their tasks preceding the adoption of the Union-wide ten-year network
development plans, the ENTSO for Electricity and the ENNOH, the Agency and the
Commission should conduct an extensive consultation process involving all relevant
stakeholders. Those stakeholders should include the European entity for the
cooperation of electricity distribution system operators in the European Union ,
associations involved in electricity, gas and hydrogen markets, heating and cooling,
carbon capture and storage and carbon capture and utilisation stakeholders,
independent aggregators, demand-response operators, organisations involved in
energy efficiency solutions, industrial sectors including transport, digitalisation, and
data, as well as energy consumer associations, the European Scientific Advisory Board
on Climate Change and civil society representatives, as relevant. The Stakeholder
Reference Group has proven to be an effective forum of stakeholder cooperation and
its further contribution to the Union wide ten-year network development plan should
be supported. The consultation should be open and transparent and should be
organised in a timely manner to allow for stakeholders’ feedback in the preparation of
key phases of the Union-wide ten-year network development plans, such as
infrastructure gaps identification and the cost-benefit analysis methodology for project
EN 14 EN
assessment. The ENTSO for Electricity and the ENNOH should give due
consideration to the input received from stakeholders during consultations and should
explain how they took that input into account when submitting final proposals.
(59) Energy infrastructure planning should properly reflect sector coupling and cross-
linkages between energy carriers. The scenarios’ development, the process of
identifying infrastructure needs and the methodologies for cost-benefit analysis should
be based on an integrated, long-term and optimised ‘one energy system’ approach and
modelling which uses common assumptions and consistent methodologies. Greater
coordination of infrastructure planning across sectors should help prioritise and deploy
new infrastructure solutions in a more optimal manner.
(60) The importance of ensuring that only infrastructure projects for which no reasonable
alternative solutions exist may receive the status of project of common interest or
project of mutual interest also entails that the ‘energy efficiency first’ principle should
be taken into account in the energy infrastructure planning and in the work of the
regional groups in establishing the regional lists of proposed projects. In accordance
with the energy efficiency first principle, all relevant alternatives to new infrastructure
for ensuring future infrastructure needs, should be considered. Special consideration
should be given to non-wire or digital solutions, use of demand response or non-fossil
flexibility, which could improve overall efficiency of the networks. To this aim, these
solutions should be considered with priority by system operators when assessing
projects for system expansion. A cost-efficient utilisation of networks should also be
incentivised, notably through the use of locational and time-of-use price signals in
network charges and support schemes.
(61) To achieve the Union’s 2050 climate neutrality objective, the Union needs to
significantly scale up renewable electricity generation. Investment in offshore
renewable energy should be increased with the aim of reaching at least 350 GW of
offshore renewable generation installed in accordance with the cumulative non-
binding regional Member States offshore renewable goals updated in December 2024
and supported in the Commission Communication of 24 October 2023 entitled
‘Delivering on the EU offshore renewable energy ambitions’30. The first Offshore
network development plans (ONDPs) published by the ENTSO for Electricity in
January 2024 made an important step forward by anchoring Member States offshore
regional ambitions in offshore network planning. That should support the
identification of cross-border offshore renewable projects, including hybrids and
cross-border radials, to ensure an optimized and cost-efficient development of offshore
networks at sea-basin level. The strategic long-term logic included in the ONDPs
should be extended to onshore electricity grids, as well as hydrogen networks.
(62) The assessment of the benefits and costs of the priority offshore grid corridors for
renewable energy should support Member States to carry out a preliminary cost-
sharing analysis at priority offshore grid corridor level, in order to underpin the
subsequent joint political commitments for cross-border offshore grid projects. The
Commission guidance on collaborative investment frameworks for offshore projects of
27 June 2024 should inform the assessment of the benefits and costs of the priority
offshore grid corridors for renewable energy and may be updated by the Commission,
30 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions of 24 October 2023, Delivering on
the EU offshore renewable energy ambitions (COM(2023) 668 final.
EN 15 EN
with the involvement of the Member States, relevant TSOs, the Agency and the
national regulatory authorities, when considered relevant.
(63) The costs of the development, construction, operation and maintenance of projects of
common interest should in general be borne by the users of the infrastructure. The cost
allocation should ensure that end-users are not disproportionately burdened, especially
where that could lead to energy poverty. Projects of common interest should be
eligible for cross-border cost allocation where an assessment of market demand, or of
the expected effects on tariffs, indicates that costs cannot be expected to be recovered
by the tariffs paid by the infrastructure users.
(64) In an increasingly interconnected internal energy market, clear and transparent rules
for cross-border cost-allocation are necessary in order to accelerate investment in
cross-border infrastructure and in projects with a cross-border impact. As cross-border
energy infrastructure becomes more integrated, more projects deliver benefits beyond
the territories where they are built. That makes fair and transparent cost-sharing
essential to avoid disproportionate burdens on local consumers. The discussion on the
appropriate allocation of costs should be based on the analysis of the costs and benefits
of an infrastructure project carried out on the basis of a harmonised methodology for
energy-system-wide analysis, using the central scenario and any sensitivity analysis
established for the purpose of the Union-wide ten-year network development plans
prepared pursuant to Regulations (EU) 2019/943 and (EU) 2024/1789, allowing for a
robust analysis of the contribution of the project of common interest or mutual interest
to the Union energy policies of decarbonisation, market integration, competition,
sustainability and security of supply. Member States and national regulatory
authorities in which at least 10 % of the benefits of a project are located should
participate in discussions on cost allocation to ensure that the project can be
implemented and its benefits delivered. Furthermore, cross-border cost allocation
agreements should consider ex-post arrangements to ensure fair and proportionate
participation of non-host countries, provided that such adjustments are clearly defined
and structured in a way that safeguards investment certainty.
(65) It is essential to ensure a stable financing framework for the development of projects
of common interest while minimising the need for financial support, and at the same
time to encourage interested investors, with appropriate incentives and financial
mechanisms. In deciding on cross-border cost-allocation, national regulatory
authorities should allocate efficiently incurred investment costs, as relevant in view of
their national approaches and methodologies for similar infrastructure, across borders
in their entirety and include them in the national tariffs. Afterwards, where relevant,
national regulatory authorities should determine whether their impact on national
tariffs could represent a disproportionate burden for consumers in their respective
Member States. The national regulatory authorities should avoid the risks of double
support for projects by taking into account actual or estimated charges and revenues.
Those charges and revenues should be taken into account only in so far as they relate
to the projects and are designed to cover the costs concerned.
(66) To facilitate discussions on cost-sharing between the relevant Member States and third
countries a possibility of bundling projects of common interest and projects of mutual
interest should be provided. By allowing groups of Member States to treat a project
bundle as mutually beneficial, win-win solutions can be fostered, risks and transaction
costs in negotiations reduced, and the likelihood of implementation can be increased.
Additional support at Union level, for example through the Connecting Europe
EN 16 EN
Facility, or at regional level using congestion income, could further facilitate such
agreements and promote the timely delivery of priority infrastructure.
(67) Regulation (EU) 2019/943 lays down, in Article 19(2), three priority objectives for the
use of revenues resulting from the allocation of cross-zonal capacity, namely: (a)
guaranteeing the actual availability of the allocated capacity, including firmness
compensation; (b) maintaining or increasing cross-zonal capacities through the
optimisation of existing interconnectors or by covering costs resulting from network
investments relevant to reducing interconnector congestion; and (c) compensating
offshore renewable electricity generation plant operators in the circumstances set out
therein. TSOs should ensure that all three priority objectives are fulfilled, including the
objective in point (b). In order to facilitate the financing of projects of common
interest and projects of mutual interest that reduce interconnector congestion and to
bring predictability and transparency to discussions on cross-border cost allocation
decisions pursuant to Article 16 of this Regulation, it is appropriate to require TSOs to
set aside a limited share of congestion income for such investments. That requirement
is without prejudice to the responsibility of TSOs to decide on funding priorities,
under the supervision of regulatory authorities and in accordance with the
methodology approved pursuant to Article 19(4) of Regulation (EU) 2019/943. That
requirement should not apply where it can be demonstrated that there is no need for
additional cross-border capacity to be built at the borders of the Member State
concerned.
(68) Where there is no TSO in a Member State, the references to TSOs throughout this
Regulation should apply mutatis mutandis to distribution system operators (DSO).
(69) The internal energy market legislation requires that tariffs for access to networks
provide appropriate incentives for investment. However, several types of projects of
common interest are likely to have externalities that might not be fully captured in,
and recovered through, the regular tariff system. In applying the internal energy
market legislation, national regulatory authorities should ensure a stable and
predictable regulatory and financial framework with incentives for projects of
common interest, including long-term incentives, that are commensurate with the level
of specific risk of the project. That framework should apply in particular to cross-
border projects, innovative transmission technologies for electricity allowing for the
large scale integration of renewable energy, of distributed energy resources or of
demand response in interconnected networks, and energy technology and digitalisation
projects, which are either likely to incur higher risks than similar projects located
within one Member State or which promise higher benefits for the Union. Moreover,
projects with high operational expenditure should also have access to appropriate
incentives for investment. In particular, offshore grids for renewable energy, which
serve the dual functionality of electricity interconnectors and connecting renewable
offshore generation projects, are likely to incur higher risks than comparable onshore
infrastructure projects, due to their intrinsic connection to generation assets which
brings regulatory risks, financing risks such as the need for anticipatory investments,
market risks and risks pertaining to the use of new innovative technologies.
(70) Regulation (EU) 2022/869 has demonstrated the added value of leveraging private
funding through significant Union financial assistance to allow the implementation of
projects of Union significance. In the light of the economic and financial situation and
budgetary constraints, targeted support should continue under the multiannual
financial framework, also with a view to de-risking projects and crowding in private
investment, in order to maximise the impact of public funding and its benefits to
EN 17 EN
Union citizens and to attract new investors into the energy infrastructure priority
corridors and areas set out in Annex I to this Regulation, while keeping the budgetary
contribution of the Union to a minimum.
(71) Projects of common interest should be eligible for Union financial assistance for
studies and, under certain conditions, for works pursuant to Regulation (EU)
2021/1153 of the European Parliament and of the Council31 in the form of grants or
innovative financial instruments to ensure that tailor-made support can be provided to
those projects of common interest which are not viable under the existing regulatory
framework and market conditions. It is important to avoid any distortion of
competition, in particular between projects contributing to the achievement of the
same Union priority corridor. Such financial assistance should ensure the necessary
synergies with other Union funds available for financing smart energy distribution
networks, and with the Union renewable energy financing mechanism established by
Commission Implementing Regulation (EU) 2020/129432.
(72) A three-step logic should apply to investments in projects of common interest. First,
the market should have the priority to invest. Second, where investments are not made
by the market, regulatory solutions should be explored, the relevant regulatory
framework should be adjusted where necessary, and the correct application of the
relevant regulatory framework should be ensured. Third, where the first two steps are
not sufficient to deliver the necessary investments in projects of common interest, it
should be possible to grant Union financial assistance where the project of common
interest fulfils the applicable eligibility criteria.
(73) Projects of common interest and projects of mutual interest should not be eligible for
Union financial assistance where the project promoters, operators or investors are in
one of the situations of exclusion referred to in Article 138 of Regulation (EU,
Euratom) 2024/2509 of the European Parliament and of the Council33, such as in cases
of a conviction for fraud, corruption or conduct related to a criminal organisation. It
should be possible to remove a project of common interest from the Union list if its
inclusion in that list was based on incorrect information which was a determining
factor for that inclusion, or if the project does not comply with Union law. For a
project of common interest located in the Member States benefiting from a derogation
under this Regulation, those Member States should ensure, when supporting any
applications for financing pursuant to Regulation (EU) 2022/869 for such projects, that
the projects do not benefit directly or indirectly persons or entities that are in one of
the situation of exclusion as referred to in Article 138 of Regulation (EU, Euratom)
2024/2509.
(74) Grants for works related to projects of mutual interest should be available under the
same conditions as for projects of common interest where they contribute to the
31 Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing
the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014
(OJ L 249, 14.7.2021, p. 38, http://data.europa.eu/eli/reg/2021/1153/oj). 32 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable
energy financing mechanism (OJ L 303, 17.9.2020, p. 1,
http://data.europa.eu/eli/reg_impl/2020/1294/oj). 33 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September
2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024,
http://data.europa.eu/eli/reg/2024/2509/oj).
EN 18 EN
Union’s overall energy and climate policy objectives and where the decarbonisation
objectives of the third country are consistent with the Paris Agreement.
(75) The Union should facilitate energy projects in disadvantaged, less connected,
peripheral, outermost or isolated regions to enable access to the trans-European energy
networks in order to accelerate the decarbonisation process and reduce dependency on
fossil fuels.
(76) In accordance with the European Council conclusions of 4 February 2011 that no
Member State should remain isolated from the European gas and electricity networks
after 2015 or see its energy security jeopardised by lack of the appropriate
connections, this Regulation aims to ensure access to the trans-European energy
networks by ending the energy isolation of Cyprus and Malta, that are still not
interconnected to the trans-European gas network. That objective should be attained
by allowing projects under development or planning that have been granted the status
of project of common interest under Regulation (EU) 2022/869 to maintain their status
until Cyprus and Malta are interconnected to the trans-European gas network or until
31 December 2029, whichever is earliest. Apart from contributing to the development
of the renewable energy market, the flexibility and resilience of the energy system, and
the security of supply, those projects would ensure access to future energy markets,
including hydrogen, and contribute to achieving the Union’s overall energy and
climate policy objectives.
(77) To ensure consistency of proposed changes under this Regulation with the Union
framework on electricity, gases and hydrogen markets, corresponding amendments are
proposed to Articles 3 and 11 of Regulation (EU) 2019/942 of the European
Parliament and of the Council34, Article 48 of Regulation (EU) 2019/943 and Articles
60 and 61 of Regulation (EU) 2024/1789. Those amendments relate to the use of the
central scenario in the Union-wide ten-year network development plan, consideration
of non-wire solutions and other alternatives to system expansion and clarifying the
time scope of the plans. Those Regulations should therefore be amended accordingly.
(78) In order to ensure the timely development of essential energy infrastructure projects
for the Union, the third Union list of projects of common interest and projects of
mutual interest should remain in force until the first Union list of projects of common
interest and projects of mutual interest established pursuant to this Regulation enters
into force. Moreover, to enable the development, monitoring and financing of the
projects of common interest on the third Union list pursuant to the Regulation (EU)
2022/869, certain provisions of Regulation (EU) 2022/869 should remain in force and
produce effects until the entry into force of the first Union list of projects of common
interest and projects of mutual interest established pursuant to this Regulation.
(79) In order to ensure that the Union list is limited to projects which contribute the most to
the implementation of the strategic energy infrastructure priority corridors and areas
set out in Annex I to this Regulation, the power to adopt acts in accordance with
Article 290 of the Treaty should be delegated to the Commission in order to amend the
annexes to this Regulation so as to establish and review the Union list, while
34 Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a
European Union Agency for the Cooperation of Energy Regulators (OJ L 158, 14.6.2019, p. 22, ELI:
http://data.europa.eu/eli/reg/2019/942/oj.)
EN 19 EN
respecting the right of the Member States to approve projects on the Union list related
to their territories.
(80) The power to adopt acts in accordance with Article 290 of the Treaty should be
delegated to the Commission to develop the central scenario, which is a basis for the
Union-level network planning.
(81) The power to adopt acts in accordance with Article 290 of the Treaty should be
delegated to the Commission to specify the conditions under which TSOs may use
congestion income and the conditions under which the objective of Article 19(2), point
(b), of Regulation (EU) 2019/943 is considered adequately fulfilled.
(82) It is of particular importance that the Commission carry out appropriate consultations
during its preparatory work, including at expert level, and that those consultations be
conducted in accordance with the principles laid down in the Interinstitutional
Agreement of 13 April 2016 on Better Law-Making35. In particular, to ensure equal
participation in the preparation of delegated acts, the European Parliament and the
Council receive all documents at the same time as Member States' experts, and their
experts systematically have access to meetings of Commission expert groups dealing
with the preparation of delegated acts.
(83) The discussions in the Groups are instrumental for the Commission to adopt the
delegated acts establishing the Union list. Therefore, it is appropriate that, to the extent
possible, the European Parliament and the Council are informed about the results, and
may send experts to the meetings of Groups in accordance with the Interinstitutional
Agreement of 13 April 2016 on Better Law Making. Taking into account the need to
ensure the achievement of the objectives of this Regulation and, in view of the number
of projects on Union lists so far, the total number of projects on the Union list should
remain manageable and therefore should not significantly exceed 220.
(84) Therefore, Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 should be
amended accordingly, and Regulation (EU) 2022/869 should be repealed.
(85) Since the objectives of this Regulation, namely the development and interoperability
of trans-European energy networks and connection to such networks that contribute to
ensuring climate change mitigation, in particular achieving the Union’s targets for
energy and climate and its climate neutrality objective by 2050 at the latest, and to
ensuring interconnections, energy security, market and system integration, competition
that benefits all Member States, and affordable energy prices, cannot be sufficiently
achieved by the Member States but can rather, by reason of the scale and effects of the
proposed action, 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 those
objectives,
35 Interinstitutional Agreement between the European Parliament, the Council of the European Union and
the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj).
EN 20 EN
HAVE ADOPTED THIS REGULATION:
CHAPTER I
General provisions
Article 1
Subject matter and scope
1. This Regulation lays down guidelines for the timely development and
interoperability of the priority corridors and areas of trans-European energy
infrastructure (energy infrastructure priority corridors and areas) set out in Annex I,
that contribute to ensuring climate change mitigation, in particular achieving the
Union’s targets for energy and climate and its climate neutrality objective by 2050 at
the latest, and to ensuring interconnections, energy security, market and system
integration and competition that benefits all Member States, as well as affordability
of energy prices.
2. In particular, this Regulation:
(a) provides for the identification of projects of common interest and of projects of
mutual interest on the Union list;
(b) facilitates the timely implementation of projects on the Union list by
streamlining, coordinating more closely and accelerating permit-granting
processes, and by enhancing transparency and public participation;
(c) provides rules for the cross-border allocation of costs and risk-related
incentives for projects on the Union list;
(d) determines the conditions for eligibility of projects on the Union list for Union
financial assistance.
Article 2
Definitions
For the purposes of this Regulation, in addition to the definitions in Regulations (EU)
2018/1999, (EU) 2019/942 and (EU) 2019/943 and (EU) 2024/1789, and in Directive
(EU) 2018/2001 of the European Parliament and of the Council36 and Directives
(EU) 2019/944 and (EU) 2024/1788 the following definitions apply:
(1) ‘energy infrastructure’ means any physical equipment or facility falling under
the energy infrastructure categories set out in Annex II which is located within
the Union, or linking the Union and third countries;
36 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the
promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82, ELI:
http://data.europa.eu/eli/dir/2018/2001/oj).
EN 21 EN
(2) ‘energy infrastructure bottleneck’ means limitation of physical flows in an
energy system due to insufficient transmission capacity, which includes, inter
alia, the absence of infrastructure;
(3) ‘comprehensive decision’ means the binding document, available to project
promoters in writing or electronic form, comprised of, or containing, the
decision or set of decisions taken by a Member State authority or authorities
other than courts or tribunals, that determines whether or not a project
promoter is authorised to build the energy infrastructure to realise a project of
common interest or a project of mutual interest by having the possibility to
start, or procure and start, the necessary construction works (ready-to-build
phase) without prejudice to any decision taken in the context of an
administrative appeal procedure;
(4) ‘project’ means one or several lines, pipelines, facilities, equipment or
installations falling under the energy infrastructure categories set out in Annex
II;
(5) ‘project of common interest’ means a project which is necessary to implement
the energy infrastructure priority corridors and areas set out in Annex I and
which is on the Union list;
(6) ‘project of mutual interest’ means a project promoted by the Union in
cooperation with a third country, which is supported by the governments of the
directly affected countries, contributes to the Union’s 2050 climate neutrality
objective, is on the Union list, and falls under one of the infrastructure
categories for electricity set out in points (1)(a), (d) or (h) of Annex II, and
links the Union electricity system with the electricity grid of a third country, or
falls under one of the infrastructure categories for hydrogen set out in point (2)
of Annex II, or falls under one of the infrastructure categories for CO2 set out
in points (4)(a) or (c) of that Annex;
(7) ‘competing projects’ means projects that fully or partially address the same
identified infrastructure need;
(8) ‘project promoter’ means one of the following:
(a) a transmission system operator (TSO), a distribution system operator
(DSO), a hydrogen network operator (HNO) or another operator or
investor developing a project on the Union list;
(b) in the case of more than one such TSO, DSO, HNO, other operator or
investor, or any group thereof, the entity with legal personality under the
applicable national law which has been designated by contractual
arrangement between them and which has the capacity to undertake legal
obligations and assume financial liability on behalf of the parties to the
contractual arrangement;
(9) ‘smart electricity grid’ means an electricity network, including on islands that
are not interconnected or not sufficiently connected to the trans-European
energy networks, that enables cost-efficient integration and active control of
the behaviour and actions of all users connected to it, including generators,
consumers and prosumers, in order to ensure an economically efficient and
sustainable power system with low losses and a high level of integration of
renewable sources, of security of supply and of safety, and in which the grid
operator can digitally monitor the actions of the users connected to it, and
EN 22 EN
information and communication technologies for communicating with related
grid operators, generators, energy storage facilities, and consumers or
prosumers, with a view to transmitting and distributing electricity in a
sustainable, cost-efficient and secure way;
(10) ‘national regulatory authority’ means a national regulatory authority designated
in accordance with Article 76(1) of Directive (EU) 2024/1788 or a regulatory
authority at national level designated in accordance with Article 57 of
Directive (EU) 2019/944;
(11) ‘relevant national regulatory authority’ means the national regulatory authority
in the Member States hosting the projects and in Member States to which the
project provides a significant positive impact;
(12) ‘authority concerned’ means an authority that, under national law, is competent
to issue various permits and authorisations related to the planning, design and
construction of immovable assets necessary to complete a project of common
interest or a project of mutual interest, including energy infrastructure in itself,
and the authority competent to issue permits and authorisations related to the
works necessary to complete the project;
(13) ‘works’ means the purchase, supply and deployment of components, systems
and services including software, the carrying out of development, repurposing
and construction and installation activities relating to a project, the acceptance
of installations and the launching of a project;
(14) ‘studies’ means activities required to prepare project implementation, such as
preparatory, feasibility, evaluation, testing and validation studies, including
software, and any other technical support measure including prior action to
define and develop a project and decide on its financing, such as
reconnaissance of the sites concerned and preparation of the financial package;
(15) ‘commissioning’ means the process of bringing a project into operation once it
has been constructed;
(16) ‘dedicated hydrogen assets’ means hydrogen infrastructure designed for the
exclusive use or transport of pure hydrogen without the need for any further
adaptation works, including pipeline networks or storage facilities that are
newly constructed, repurposed from natural gas assets, or both;
(17) ‘repurposing’ means the technical upgrading or modification of existing natural
gas infrastructure in order to ensure that it is dedicated to the exclusive use of
hydrogen;
(18) ‘climate adaptation’ means a process that ensures that resilience to the potential
adverse impacts of climate change of energy infrastructure is achieved through
a climate vulnerability and risk assessment, including through relevant
adaptation measures;
(19) ‘non-wire solutions’ means investments in the energy infrastructure in
electricity, which can increase the available grid capacity or improve the
efficiency of grid operation by deploying grid enhancing technologies,
including digital solutions.
EN 23 EN
CHAPTER II
Projects of common interest and projects of mutual interest
Article 3
Union list of projects of common interest and projects of mutual interest
1. Regional groups (‘Groups’) shall be established in accordance with the process set
out in Section 1 of Annex III. The membership of each Group shall be based on each
priority corridor and area and their respective geographical coverage as set out in
Annex I. The Groups can merge or meet in different configurations as necessary. The
cross-regional meeting configuration of all Groups shall be the TEN-E Group.
Decision-making power in the Groups shall be restricted to Member States and the
Commission (together referred to as ‘the decision-making body’) and shall be based
on consensus.
2. The TEN-E Group shall adopt rules of procedure, having regard to the provisions set
out in Annex III. Those rules of procedure shall apply to all Groups.
3. The decision-making body of each Group shall adopt a regional list of projects drawn
up in accordance with: the process set out in Section 2 of Annex III; the contribution
of each project to implementing the energy infrastructure priority corridors and areas
set out in Annex I; and their fulfilment of the criteria set out in Article 4.
Where the decision-making body of a Group draws up its regional list:
(a) each individual proposal for a project shall require the approval of the Member
States to whose territory the project relates; where a Member State does not
give its approval, it shall present its substantiated reasons to the decision-
making body;
(b) it shall take into account advice from the Commission with the aim of having a
manageable total number of projects on the Union list.
4. The Commission is empowered to adopt delegated acts in accordance with Article 23
to supplement this Regulation by establishing the Union list, subject to Article 172,
second paragraph, of the Treaty.
The Union list shall be established every two years, on the basis of the regional lists
adopted by the decision-making bodies of the Groups established pursuant to Section
1, point (1), of Annex III, following the procedure set out in paragraph 3 of this
Article.
The Commission shall adopt the delegated act establishing the first Union list
pursuant to this Regulation by 30 November 2029.
If a delegated act adopted by the Commission pursuant to this paragraph cannot enter
into force due to an objection expressed either by the European Parliament or the
Council pursuant to Article 23(6), the Commission shall immediately convene the
Groups in order to draw up new regional lists taking into account the reasons for the
objection. The Commission shall adopt a new delegated act establishing the Union
list as soon as possible.
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5. When establishing the Union list by combining the regional lists referred to in
paragraph 3, the Commission shall, taking due account of the deliberations of the
Groups:
(a) ensure that only projects that fulfil the criteria referred to in Article 4 are
included;
(b) ensure cross-regional consistency;
(c) take into account the opinions of Member States referred to in Section 2, point
(10), of Annex III;
(d) aim to ensure a manageable total number of projects on the Union list.
6. Projects of common interest and projects of mutual interest that fall under the energy
infrastructure categories set out in points (1)(a), (b), (c), (d), (f) and (h) of Annex II,
as relevant, shall become an integral part of the relevant regional investment plans
adopted in accordance with Article 34 of Regulation (EU) 2019/943 and of the
relevant national ten-year network development plans adopted in accordance with
Article 51 of Directive (EU) 2019/944. Projects of common interest and projects of
mutual interest that fall under the energy infrastructure categories set out in point (2)
of Annex II ,as relevant, shall become an integral part of the ten-year network
development plan for hydrogen under Article 55 of Directive (EU) 2024/1788 and
other national infrastructure plans, as appropriate. Those projects of common interest
and projects of mutual interest shall be conferred the highest possible priority within
each of those national plans. This paragraph shall not apply to competing projects or
projects that have not reached a sufficient degree of maturity to provide a project-
specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.
7. Projects of common interest and projects of mutual interest that fall under the energy
infrastructure categories set out in points (1)(a), (b), (c), (d), (f) and (h) and point (2)
of Annex II, as relevant, and that are competing projects or projects that have not
reached a sufficient degree of maturity to provide a project-specific cost-benefit
analysis as referred to in Section 2, point (1)(d), of Annex III may be included in the
relevant regional investment plans, the national ten-year network development plans
and other national infrastructure plans, as appropriate, as projects under
consideration.
Article 4
Criteria for the assessment of projects by the Groups
1. A project of common interest shall meet the following general criteria:
(a) the project is necessary for at least one of the energy infrastructure priority
corridors and areas set out in Annex I;
(b) the potential overall benefits of the project, assessed in accordance with the
relevant specific criteria in paragraph 3, outweigh its costs, including in the
longer term;
(c) the project meets any of the following criteria:
(i) it involves at least two Member States by directly or indirectly, via
interconnection with a third country, crossing the border of two or more
Member States;
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(ii) it is located in the territory of one Member State, either inland or
offshore, including islands, and has a significant cross-border impact as
set out in point (1) of Annex IV.
2. A project of mutual interest shall meet all of the following general criteria:
(a) the project contributes significantly to the objectives referred to in Article 1(1),
and those of the third country, in particular by not hindering the capacity of the
third country to phase out fossil fuel generation assets for its domestic
consumption, and to sustainability;
(b) the potential overall benefits of the project, assessed in accordance with the
relevant specific criteria in paragraph 3, for the Union, or cumulatively for the
Union and the Energy Community contracting party or the EEA country
directly involved in the project, outweigh its costs for the Union, or
cumulatively for the Union and the Energy Community contracting party or
EEA country, as relevant, including in the longer term;
(c) the project connects directly the territory of at least one Member State with the
territory of a third country by connecting directly the relevant Member State
with the first connection point in the electricity network of the third country or
the first hydrogen or CO2 connection point in the third country, and has a
significant cross-border impact as set out in point (2) of Annex IV;
(d) for the part of the project located in Member State territory, the project is in
accordance with Directives (EU) 2019/944 and (EU) 2024/1788 where it falls
within the infrastructure categories set out in points (1) and (2) of Annex II to
this Regulation;
(e) there is a high level of convergence of the policy framework of the third
country involved and legal enforcement mechanisms are demonstrated in order
to support the policy objectives of the Union, in particular to ensure:
(i) the well-functioning of the internal energy market in the Union;
(ii) network security and security of supply in the Union based, inter alia, on
diverse sources, cooperation and solidarity;
(iii) an energy system, including production, transmission and distribution,
moving towards the objective of climate neutrality, in accordance with
the Paris Agreement and the Union’s targets for energy and climate and
its 2050 climate neutrality objective, in particular, avoiding carbon
leakage;
(f) the third country involved supports the priority status of the project, as set out
in Article 7, and other investments in the third country necessary for the
benefits of the project to materialise as referred to in point (b) of this
paragraph, and commits explicitly to complying with a similar timeline for
accelerated implementation and other policy and regulatory support measures
as applied to projects of common interest in the Union.
As regards projects for the storage of carbon dioxide falling under the energy
infrastructure category set out in point (4)(c) of Annex II, the project shall be
necessary to allow the cross-border transport and storage of carbon dioxide and the
third country where the project is located shall have an adequate legal framework
based on demonstrated effective enforcement mechanisms to ensure that standards
and safeguards apply to the project, which prevent any carbon dioxide leaks. In
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relation to climate, human health and ecosystems, the safety and effectiveness of the
permanent storage of carbon-dioxide shall be ensured, and shall at least attain the
same level as those provided by Union law.
3. The following specific criteria shall apply to projects of common interest and
projects of mutual interest, as relevant, falling within specific energy infrastructure
categories:
(a) for electricity transmission, distribution and storage projects falling under the
energy infrastructure categories set out in points (1)(a), (b), (c), (d), (f) and (h)
of Annex II, the project contributes significantly to sustainability through the
integration of renewable energy into the grid, the transmission or distribution
of renewable generation to major consumption centres and storage sites, and to
reducing energy curtailment, where applicable, and contributes to at least one
of the following specific criteria:
(i) market integration, including through lifting the energy isolation of at
least one Member State and reducing energy infrastructure bottlenecks,
competition, interoperability and system flexibility;
(ii) security of supply, including through interoperability, system flexibility,
cybersecurity, appropriate connections and secure and reliable system
operation;
(b) for smart electricity grid projects falling under the energy infrastructure
category set out in point (1)(g) of Annex II, the project contributes significantly
to sustainability through the integration of renewable energy into the grid, and
contributes to at least two of the following specific criteria:
(i) security of supply, including through efficiency and interoperability of
electricity transmission and distribution in day-to-day network operation,
avoidance of congestion, and integration and involvement of network
users;
(ii) market integration, including through efficient system operation and use
of interconnectors;
(iii) network security, flexibility and quality of supply, including through
higher uptake of innovation in balancing, flexibility markets,
cybersecurity, monitoring, system control and error correction;
(iv) smart sector integration, either in the energy system through linking
various energy carriers and sectors, or in a wider way, favouring
synergies and coordination between the energy, transport and
telecommunication sectors;
(c) for projects falling under the infrastructure category set out in point (1)(e) of
Annex II, the project contributes to the following specific criteria:
(i) security of supply, including by protecting assets from risks and
contributing to the measures identified pursuant Articles 7 and 11 of
Regulation (EU) 2019/941 on risk-preparedness in the electricity sector;
(ii) network security, including through measures facilitating a higher degree
of physical security and cybersecurity, monitoring, and system control;
(d) for carbon dioxide transport and storage projects falling under the energy
infrastructure categories set out in point (4) of Annex II, the project contributes
EN 27 EN
significantly to sustainability through the reduction of carbon dioxide
emissions in the connected industrial installations and contributes to all of the
following specific criteria:
(i) avoiding carbon dioxide emissions while maintaining security of supply;
(ii) increasing the resilience and security of transport and storage of carbon
dioxide;
(iii) the efficient use of resources, by enabling the connection of multiple
carbon dioxide sources and storage sites via common infrastructure and
minimising environmental burden and risks;
(e) for hydrogen projects falling under the energy infrastructure categories set out
in point (2) of Annex II, the project contributes significantly to sustainability,
including by reducing greenhouse gas emissions, by enhancing the deployment
of renewable or low carbon hydrogen, with an emphasis on hydrogen from
renewable sources in particular in end-use applications, such as hard-to-abate
sectors, in which more energy efficient solutions are not feasible, and
supporting variable renewable power generation by offering flexibility, storage
solutions, or both, and the project contributes significantly to at least one of the
following specific criteria:
(i) market integration, including by connecting existing or emerging
hydrogen networks of Member States, or otherwise contributing to the
emergence of an Union-wide network for the transport and storage of
hydrogen, and ensuring interoperability of connected systems;
(ii) security of supply and flexibility, including through appropriate
connections and facilitating secure and reliable system operation;
(iii) competition, including by allowing access to multiple supply sources and
network users on a transparent and non-discriminatory basis;
(f) for electrolysers falling under the energy infrastructure category set out in point
(3) of Annex II, the project contributes significantly to all of the following
specific criteria:
(i) sustainability, including by reducing greenhouse gas emissions and
enhancing the deployment of renewable or low-carbon hydrogen in
particular from renewable sources, as well as synthetic fuels of those
origins;
(ii) security of supply, including by contributing to secure, efficient and
reliable system operation, or by offering storage, flexibility solutions, or
both, such as demand side response and balancing services;
(iii) enabling flexibility services such as demand response and storage by
facilitating smart energy sector integration through the creation of links
to other energy carriers and sectors.
4. For projects falling under the energy infrastructure categories set out in Annex II, the
criteria set out in paragraph 3 of this Article shall be assessed in accordance with the
indicators set out in points (3) to (8) of Annex IV.
5. In order to facilitate the assessment of all projects that could be eligible as projects of
common interest and that could be included in a regional list, each Group shall assess
each project’s contribution to the implementation of the same energy infrastructure
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priority corridor or area in a transparent and objective manner. Each Group shall
determine its assessment method on the basis of the aggregated contribution to the
criteria referred to in paragraph 3. That assessment shall lead to a ranking of projects
for internal use of the Group. Neither the regional list nor the Union list shall contain
any ranking, nor shall the ranking be used for any subsequent purpose except as
referred to in Section 2, point (15), of Annex III.
In assessing projects, in order to ensure a consistent assessment approach among the
Groups, each Group shall give due consideration to:
(a) the urgency and the contribution of each proposed project in order to meet the
Union’s targets for energy and climate and its 2050 climate neutrality
objective, market integration, competition, sustainability, and security of
supply;
(b) the complementarity of each proposed project with other proposed projects,
including competing or potentially competing projects;
(c) possible synergies with priority corridors and thematic areas identified under
trans-European networks for transport and telecommunications;
(d) for proposed projects that are, at the time of the assessment, projects on the
Union list, the progress of their implementation and their compliance with the
reporting and transparency obligations provided by this Regulation;
(e) any third country direct or indirect ownership as beneficiary, shareholder or
ultimate beneficiary as project promoter in any of the proposed projects.
As regards smart electricity grids falling under the energy infrastructure category set
out in point (1)(g) of Annex II, and for projects falling under the energy
infrastructure categories set out in point (1)(e) of Annex II, ranking shall be carried
out for those projects that affect the same two Member States, and due consideration
shall also be given to the number of users affected by the project, the annual energy
consumption and the share of generation from non-dispatchable resources in the area
covered by those users.
Article 5
Implementation and monitoring of projects on the Union list
1. Project promoters shall draw up an implementation plan for projects on the Union list
within two months of their inclusion on the Union list, with a timetable including all
of the following:
(a) feasibility and design studies including risk assessment studies as regards
climate adaptation and physical and cyber security, building on the
requirements of Directives (EU) 2022/2557 and (EU) 2022/2555, where
applicable, as well as compliance with environmental legislation, and with the
‘do no significant harm’ principle;
(b) approval by the national regulatory authority or by any other authority
concerned;
(c) construction and commissioning;
(d) the permit-granting process referred to in Article 10(9), point (c).
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2. TSOs, DSOs, HNOs and other operators shall cooperate with each other in order to
facilitate the development of projects on the Union list in their area.
3. The Agency for the Cooperation of Energy Regulators (‘the Agency’) and the
Groups concerned shall monitor the progress achieved in implementing the projects
on the Union list and, where necessary, make recommendations to facilitate their
implementation. The Groups may request additional information in accordance with
paragraphs 4, 5 and 6, convene meetings with the relevant parties and invite the
Commission to verify the information provided on site.
4. By 31 December of the year in which the Union list where the project is included
enters into force and starts to produce effects, and every subsequent year, project
promoters shall submit a report for each project of common interest and project of
mutual interest they promote, to the national competent authority referred to in
Article 8(1).
That report shall include details of:
(a) the progress achieved in the development, construction and commissioning of
the project as set out in the implementation plan referred to in paragraph 1 of
this Article, in particular with regard to the permit-granting process and the
consultation procedure, as well as compliance with environmental legislation,
with the principle that the project does ‘no significant harm’ to the
environment, climate adaptation measures taken, and mitigation measures
taken resulting from the risks assessed as regards the project under Article 5(1),
point (a), where relevant and building on the requirements of Directives (EU)
2022/2557 and (EU) 2022/2555 where applicable;
(b) where relevant, delays compared to the implementation plan, the reasons for
such delays and other difficulties encountered;
(c) where relevant, a revised implementation plan aiming to overcome the delays.
5. By 28 of February of each year following the submission by the project promoter of
the report referred in paragraph 4 of this Article, the competent authorities referred to
in Article 8(1) shall submit to the Agency and to the relevant Group the report
referred to in paragraph 4 of this Article supplemented with information on the
progress and, where relevant, on delays in the implementation and permit-granting
processes of projects on the Union list located in their respective territory, including
the reasons for such delays. The contribution of competent authorities to the report
shall be clearly marked and drafted without modifying the text of the report provided
by project promoters.
6. By 30 April of each year in which a new Union list should be adopted, the Agency
shall submit to the Groups a consolidated report for the projects on the Union list that
are subject to the competence of national regulatory authorities, evaluating the
progress achieved and expected changes in project costs, and, where appropriate,
make recommendations on how to overcome the delays and difficulties encountered.
That consolidated report shall also evaluate the implementation of Article 3(6) and
(7) as regards projects of common interest and projects of mutual interest.
In duly justified cases, the Agency may request additional information from
competent authorities necessary for carrying out its tasks set out in this paragraph.
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7. Where the commissioning of a project on the Union list is delayed when compared to
the implementation plan, other than for overriding reasons beyond the control of the
project promoter, the following measures shall apply:
(a) in so far as measures referred to in Article 55(7), points (a), (b) or (c), of
Directive (EU) 2024/1788 and Article 51(7), points (a), (b) or (c), of Directive
(EU) 2019/944 are applicable in accordance with respective national law,
national regulatory authorities shall ensure that the investment is carried out;
(b) where the measures of national regulatory authorities pursuant to point (a) of
this paragraph are not applicable, the project promoter shall, within 12 months
of the date of commissioning set out in the implementation plan, choose a third
party to finance or construct all or part of the project;
(c) where a third party is not chosen in accordance with point (b), the Member
State or, where the Member State has so provided, the national regulatory
authority may, within two months of the expiry of the period referred to in
point (b), designate a third party to finance or construct the project which the
project promoter shall accept;
(d) where the delay compared to the date of commissioning in the implementation
plan exceeds 26 months, the Commission, subject to the agreement and with
the full cooperation of the Member States concerned, may launch a call for
proposals open to any third party capable of becoming a project promoter to
build the project in accordance with an agreed timetable;
(e) where measures referred to in point (c) or (d) are applied, the system operator
in whose area the investment is located shall: provide the implementing
operators or investors or third party with all the information required to realise
the investment; connect new assets to the transmission network; or, where
applicable, the distribution network and shall generally make its best efforts to
facilitate the implementation of the investment and the secure, reliable and
efficient operation and maintenance of the project on the Union list.
8. A project on the Union list may be removed from the Union list in accordance with
the procedure set out in Article 3(4) if its inclusion in that list was based on incorrect
information which was a determining factor for that inclusion, or the project does not
comply with Union law.
9. Projects which are no longer on the Union list shall lose all rights and obligations
linked to the status of project of common interest or project of mutual interest
provided for in this Regulation.
However, a project which is no longer on the Union list but for which an application
file has been accepted for examination by the competent authority shall maintain the
rights and obligations laid down in Chapter III, except where the project has been
removed from the Union list for the reasons set out in paragraph 8 of this Article.
10. This Article shall be without prejudice to any Union financial assistance granted to
any project on the Union list prior to its removal from the Union list.
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Article 6
European coordinators
1. Where a project of common interest or a project of mutual interest encounters
significant implementation difficulties, the Commission may designate, in agreement
with the Member States concerned, a European coordinator for a period of up to one
year, renewable twice.
2. The European coordinator shall:
(a) promote the projects, for which they have been designated as a European
coordinator, and the cross-border dialogue between the project promoters and
all stakeholders concerned;
(b) assist and coordinate all parties as necessary in consulting the stakeholders
concerned, discussing alternative routing, where appropriate, and obtaining
necessary permits for the projects;
(c) where appropriate, advise project promoters on the financing of the project;
(d) ensure that appropriate support and strategic direction by the Member States
concerned are provided for the preparation and implementation of the projects;
(e) starting from the date of their designation submit every year, and, where
appropriate, upon completion of their mandate, a report to the Commission on
the progress of the projects and on any difficulties and obstacles which are
likely to significantly delay the commissioning date of the projects; where
appropriate, the report shall make recommendations to overcome obstacles and
difficulties.
The Commission shall transmit the report of the European coordinator referred to in
point (e) of the first subparagraph to the European Parliament and the Groups
concerned.
3. The European coordinator shall be chosen following an open, non-discriminatory and
transparent process and on the basis of a candidate’s experience with regard to the
specific tasks they have been assigned for the projects concerned.
4. The decision designating the European coordinator shall specify the terms of
reference, detailing the duration of the mandate, the specific tasks and corresponding
deadlines, and the methodology to be followed. The coordination effort shall be
proportionate to the complexity and estimated costs of the projects.
5. The Member States concerned shall fully cooperate with the European coordinator in
the execution of the tasks referred to in paragraphs 2 and 4.
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CHAPTER III
Permit-granting and public participation
Article 7
Priority status of projects on the Union list
1. The Union list shall establish, for the purposes of any decisions issued in the permit-
granting process, the necessity of projects on the Union list from an energy policy
and climate perspective, without prejudice to the exact location, routing or
technology of the project.
The first subparagraph shall not apply to competing projects or to projects that have
not reached a sufficient degree of maturity to provide a project specific cost-benefit
analysis as referred to in Section 2, point (1)(d), of Annex III.
2. For the purpose of ensuring efficient administrative processing of the application
files related to projects on the Union list, project promoters and all authorities
concerned shall ensure that those files are treated in the most rapid way possible in
accordance with Union and national law.
3. Projects on the Union list shall have the status of the highest national significance
possible, where such a status exists in national law and be treated as such in the
permit-granting process, including those relating to environmental assessments, in
spatial planning, and in obtaining rights of way and expropriation of necessary land.
4. All dispute resolution procedures, litigation, appeals and judicial remedies related to
projects on the Union list in front of any national courts, tribunals, panels, including
mediation or arbitration, where they exist in national law, shall be treated as urgent,
if and to the extent to which national law provides for such urgency procedures.
5. With regard to the environmental impacts addressed in Article 6(4) of Directive
92/43/EEC and Article 4(7) of Directive 2000/60/EC, provided that all the conditions
set out in those Directives are fulfilled, projects on the Union list falling under the
infrastructure categories referred to in points (2), (3), and (4) of Annex II to this
Regulation shall be considered as being of public interest from an energy policy
perspective, and may be considered as having an overriding public interest.
Where the opinion of the Commission is required in accordance with Article 6(4) of
Directive 92/43/EEC, the Commission and the national competent authority referred
to in Article 8 of this Regulation shall ensure that the decision with regard to the
overriding public interest of a project is taken within the time limits set in Article
10(1) and (2) of this Regulation.
The first and second subparagraphs shall not apply to competing projects or to
projects that have not reached a sufficient degree of maturity to provide a project
specific cost-benefit analysis as referred to in Section 2, point (1)(d), of Annex III.
6. Until climate neutrality is achieved at Union level, in the permit-granting procedure,
the planning, construction and operation of projects falling within the infrastructure
category referred to in Annex II point (1) fall under the provision of Article 8(8) of
Directive (EU) 2019/944 and are presumed as being in the overriding public interest
and serving public health and safety when balancing legal interests in individual
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cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive
92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of
Directive 2009/147/EC. Member States may, in duly justified and specific
circumstances, restrict the application of the presumption to certain parts of their
territory, to certain types of technology or to projects with certain technical
characteristics.
Member States shall ensure that, in the planning and permit-granting process, the
construction and operation of projects falling under the infrastructure category
referred to in point (1) of Annex II are given priority when balancing legal interests
in individual cases for other purposes than the ones referred in the first subparagraph
with the exception of cultural heritage on the basis of legal criteria to ensure
harmonized implementation.
The first subparagraph shall not apply to competing projects or to projects that have
not reached a sufficient degree of maturity to provide a project specific cost-benefit
analysis as referred to in Section 2, point (1)(d), of Annex III.
7. Until climate neutrality is achieved at Union level, with regard to projects on the
Union list falling under the infrastructure categories referred to in point (1) of Annex
II to this Regulation which are expressly included in a National Development Plan
that has been subject to a strategic environmental assessment in accordance with
Directive 2001/42, and, where it is likely to have a significant impact on Natura 2000
sites, to the appropriate assessment pursuant to Article 6(3) of Directive 92/43/EEC,
Member States may, insofar as the project complies with and does not go beyond the
framework of the assessed National Development Plan:
(a) exempt those projects from the environmental impact assessment under Article
2(1) of Directive 2011/92/EU, and
(b) exempt those projects from an assessment of their implications for Natura 2000
sites pursuant to Article 6(3) of Directive 92/43/EEC and from the assessment
of their implications on species protection pursuant to Article 12(1) of
Directive 92/43/EEC and to Article 5 of Directive 2009/147/EC.
For projects located in, or crossing, Natura 2000 sites and areas designated under
national protection schemes for nature and biodiversity conservation, the exemptions
referred to in the first subparagraph shall only be applicable in case there are no
proportionate alternatives for their deployment, taking into account the objectives of
the site. Projects referred to in Annex II point 1(c) shall exclude Natura 2000 sites
and areas designated under national protection schemes.
8. Where Member States apply the exemptions under paragraph 7, they shall ensure that
rules on effective mitigation measures to be adopted for the projects on the Union list
falling under the infrastructure categories referred to in Annex II point (1) are
identified based on the National Development Plan, in order to avoid the adverse
environmental impact that may arise or, where that is not possible, to significantly
mitigate it. Member States shall ensure that the appropriate mitigation measures are
applied in a timely manner to ensure compliance with the obligations laid down in
Article 6(2) of Directive 92/43/EEC and Article 4(1), point (a)(i), of Directive
2000/60/EC of the European Parliament and of the Council and to avoid
deterioration and achieve good ecological status or good ecological potential in
accordance with Article 4(1), point (a), of Directive 2000/60/EC.
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Compliance with the rules referred to in the first subparagraph of this paragraph and
the implementation of the appropriate mitigation measures by the individual projects
shall result in the presumption that projects are not in breach of the provisions
mentioned in that subparagraph, without prejudice to paragraph 10 of this Article.
9. Member States shall ensure public participation regarding the National Development
Plan in accordance with Articles 6 and 7 of Directive 2001/42/EC, including
identifying the public affected or likely to be affected as well as the Member States
that may be affected by the implementation of that Plan and the projects on the
Union list falling under the infrastructure categories referred to in point (1) of Annex
II to this Regulation included in that Plan.
10. For projects for which Member States decide to apply exemptions under paragraph 7,
the competent authorities shall carry out a screening to identify:
(a) if the project is likely to give rise to significant adverse effects, which were not
identified during the environmental assessment of the National Development
Plan carried out pursuant to Directive 2001/42/EC and, where relevant, to
Directive 92/43/EEC.
(b) if the project falls within the scope of Article 7 of Directive 2011/92/EU and
Article 2 of the Convention on environmental impact assessment in a
transboundary context due to its likelihood of significant effects on the
environment in another Member State or due to the request of a Member State
which is likely to be significantly affected.
This screening referred to in the first subparagraph shall be finalised within 45 days
from the notification of the project promoter referred to in paragraph 5 of Article 10.
11. Where a project on the territory of a Member State is likely to have significant
effects on the environment of other Member States, the Member State where the
project is located shall ensure the application of Article 7 of Directive 2011/92/EU
and Articles 2 to 7 of the Convention on environmental impact assessment in a
transboundary context.
12. Where the screening process identifies a project to be highly likely to give rise to
significant unforeseen adverse effects as referred to in paragraph 10 of this Article,
the competent authorities shall inform the project promoter that assessments referred
to in points (a) and (b) of paragraph 7 of this Article are required and ensure that on
the basis of existing data, appropriate and proportionate mitigation measures are
applied for these projects to ensure compliance with Articles 12(1) of Directive
92/43/EEC and Article 5 of Directive 2009/147/EC. Where it is not possible to apply
such mitigation measures, the competent authorities shall ensure that project
promoters adopt appropriate compensatory measures to address those effects, which,
if other proportionate compensatory measures are not available, may take the form of
a monetary compensation for species protection programmes, in order to secure or
improve the conservation status of the species affected.
13. When assessing whether satisfactory alternative solutions to projects on the Union
list falling under the infrastructure categories referred to in points (2), (3) and (4) of
Annex II to this Regulation, exist for the purposes of Articles 6(4) and Article 16(1)
of Directive 92/43/EEC, Article 4(7), point (d), of Directive 2000/60/EC and Article
9(1) of Directive 2009/147/EC, the condition of having no satisfactory alternatives
shall be fulfilled if there are no satisfactory alternative solutions capable of achieving
the same objective of the project in question, in terms of the development of the
EN 35 EN
same capacity through the same technology within the same or similar timeframe and
without resulting in significantly higher costs.
14. When implementing compensatory measures for projects on the Union list falling
under the infrastructure categories referred to in points (2), (3) and (4) of Annex II to
this Regulation for the purpose of Article 6(4) of Directive 92/43/EEC, Member
States may, in justified cases and where it can be reasonably demonstrated that the
plan or project would not irreversibly affect the ecological processes essential for
maintaining the structure and functions of the site and would compromise the overall
coherence of the Natura 2000 network before compensatory measures are put into
place, allow for such compensatory measures to be carried out in parallel with the
implementation of the project. Member States may allow, in accordance with the
precautionary principle, for those compensatory measures to be adapted over time,
depending on whether the significant negative effects are expected to arise in the
short, medium or long term.
15. Regarding the assessment, satisfactory alternative solutions to projects falling under
the infrastructure category referred to in point (1) of Annex II to this Regulation and
the implementation of compensatory measures for those projects, Article 8a of
Directive (EU) 2019/944 shall apply.
Article 8
Organisation of the permit-granting process
1. Each Member State shall ensure that one single national competent authority is
responsible for:
(a) acting as the sole point of contact for project promoters in the permit-granting
process, replying to their queries, mediating all contacts with the authorities
concerned and support them with knowledge and information aiming at the
fastest process possible;
(b) receiving permitting-granting applications from promoters of projects on the
Union list and all relevant documents in electronic form and disseminating
them across authorities concerned;
(c) facilitating and coordinating the permit-granting process of projects on the
Union list in their territory with other authorities concerned, determining in
cooperation with them, what authorisations, permits and assessments are
required to complete the permit-granting process and reach a comprehensive
decision in accordance with paragraph 3. This includes the scope and level of
detail of the studies, assessment and documentation that project promoters are
expected to produce;
(d) cooperating and communicating with national competent authorities of other
Member States to facilitate and coordinate the permit-granting process for
projects on the Union list in their territory, and permitting authorities in third
countries as regards projects of mutual interest, including: aligning public
consultations for cross-border projects, in accordance with Article 9(5); sharing
information on likely significant transboundary impacts, in accordance with
Article 9(6); aligning the timeline and requirements for studies, permits or
authorisations to be conducted; and, organising the pre-application procedure
in accordance with Article 10(9);
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(e) monitoring the development and delays of projects on the Union list within
their territory of responsibility, including by receiving and approving reports
submitted by project promoters in accordance with Article 5(4) and reporting
to the Agency and relevant Groups on the development and delays of projects
on the union list located in their territory in accordance with Article 5(5).
In case of update to, or changes of, the designated national competent authority,
Member States shall notify the Commission as soon as the change is decided and
inform when such changes produce effects.
2. The responsibilities of the national competent authority referred to in paragraph 1
and the tasks related to it may be delegated to another authority, per project on the
Union list or per particular category of projects on the Union list, or per geographical
area, provided that:
(a) the national competent authority notifies the Commission of that delegation
and the information therein is made easily available to the public including on
the website referred to in Article 9(7);
(b) only one authority is responsible per project, or category of projects, on the
Union list, and it is the sole point of contact for the project promoters, taking
upon all responsibilities in the process leading to the comprehensive decision
within the legal deadline provided in Article 10(2) and coordinates the
submission of all relevant documents and information including to any other
authority concerned;
(c) irrespective of the delegation, the national competent authority remains
responsible to aggregate the reports submitted by project promoters in
accordance with Article 5(4) and report to the Agency and relevant Groups in
accordance with Article 5(5).
The national competent authority may also retain the responsibility to establish time
limits, without prejudice to the time limits set in Article 10(1) and (2).
3. The national competent authority shall ensure the issuing of the comprehensive
decision within the time limits set out in Article 10(1) and (2).
Member States shall choose among the following schemes, taking into account
which scheme is most effective in light of national law, national planning and
permit-granting process specificities, and whether it can be implemented in a manner
that contributes to the most efficient and timely issuing of the comprehensive
decision:
(a) integrated scheme:
(i) the comprehensive decision shall be issued by the national competent
authority and shall be the sole legally binding decision arising from the
statutory permit-granting process;
(ii) where other authorities are concerned by the project, they may, in
accordance with national law, give their opinion as input to the
procedure, which shall be taken into account by the national competent
authority;
(b) coordinated scheme:
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(i) the comprehensive decision comprises multiple individual legally
binding decisions issued by the several authorities concerned and is
coordinated centrally by the national competent authority;
(ii) the national competent authority may establish a working group where all
authorities concerned are represented in order to draw up the screening or
the detailed schedule for the permit-granting process in accordance with
Article 10(9), point (b), and to monitor and coordinate its
implementation;
(iii) the national competent authority shall, after consulting the other
authorities concerned, establish on a case-by-case basis a reasonable time
limit within which the individual decisions shall be issued with the aim to
minimise the duration of the process without prejudice to time limits set
out in Article 10(1) and (2);
(iv) the national competent authority shall be able to take an individual
decision on behalf of another authority concerned, where the decision by
that authority is not delivered within the set time limit and where the
delay cannot be adequately justified. The national competent authority
may also disregard an individual decision of another authority concerned
if it considers that the decision is not sufficiently substantiated with
regard to the underlying evidence presented by that authority concerned;
(c) collaborative scheme:
(i) the comprehensive decision shall be comprised of multiple individual
legally binding decisions issued by several authorities concerned and
coordinated by the national competent authority;
(ii) the national competent authority may establish a working group where all
authorities concerned are represented in order to draw up the screening or
the detailed schedule for the permit-granting process in accordance with
Article 10(9), and to monitor and coordinate its implementation;
(iii) the national competent authority shall, after consulting the other
authorities concerned, establish on a case-by-case basis a reasonable time
limit, within which the individual decisions shall be issued with the aim
to minimise the duration of the process, without prejudice to the time
limits set in Article 10(1) and (2);
(iv) the national competent authority shall monitor compliance with the time
limits by the authorities concerned and, in case of delays, shall take
measures with the aim to minimise the duration of the process;
(v) where a Member State chooses the collaborative scheme, it shall inform
the Commission of its reasons.
Authorities concerned shall, in accordance with the permitting scheme chosen by
Member States, either delegate the necessary competences to the national competent
authority or facilitate cooperation and collaboration with the national competent
authority to ensure the issuing of the comprehensive decision within the time limits
set in Article 10(1) and (2).
Where an authority concerned does not expect to deliver an individual decision
within the set time limit, that authority shall immediately inform the national
competent authority, providing reasons for the delay. Subsequently, the national
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competent authority shall set another time limit within which that individual decision
shall be issued, in compliance with the overall time limits set in Article 10(1) and (2).
4. Member States may apply the schemes set out in paragraph 3 to onshore and offshore
projects on the Union list.
In the case of projects on the Union list that are intrinsically linked to generation
assets, such as the projects included in the infrastructure categories provided by
points (1)(b) or (h) of Annex II, the national competent authority shall be responsible
for coordinating the permit-granting process of the respective project on the Union
list with the permitting of the generation assets so that the timelines are cohesive and
together aim at the most efficient and timely permitting of all assets related to the
project.
5. Where a project on the Union list is located in the territory of two or more Member
States, their respective national competent authorities shall jointly appoint one of
them to act as a unique point of contact, responsible for facilitating the exchange of
information between the national competent authorities and other authorities
concerned on the permit-granting process, as well as, issuing the final comprehensive
decisions in cooperation with the other national competent authorities concerned.
Member States shall endeavour to provide a joint procedure which facilitates the
cooperation between their respective national competent authorities concerned,
create procedural synergies and align timelines to facilitate the permit-granting
process for projects, particularly with regard to the assessment of environmental
impacts, and the public consultations required under Article 9.
Upon request from Member States, the Commission shall play the role of a facilitator
to support cooperation between concerned national competent authorities. The
Commission shall facilitate agreement on a unified joint procedure by providing an
opinion and making recommendations on procedural aspects.
Article 9
Transparency and public participation
1. By 24 October 2027, the Member State or national competent authority shall, where
necessary, in collaboration with other authorities concerned, publish an updated
manual of procedures for the permit-granting process applicable to projects on the
Union list to include at least the information specified in point (1) of Annex VI. The
manual shall not be legally binding, but it shall refer to or quote relevant legal
provisions. The national competent authorities shall, where relevant, cooperate and
find synergies with the authorities of neighbouring countries with a view to align
timelines and facilitating the permit-granting process for projects, including for the
development of the manual of procedures.
2. Without prejudice to public participation requirements under environmental law, the
Aarhus Convention, the Espoo Convention and relevant Union law, all parties
involved in the permit-granting process shall follow the principles for public
participation set out in point (3) of Annex VI.
3. The project promoter shall, within an indicative period of three months following the
start of the permit-granting process pursuant to Article 10(5), draw up and submit a
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concept for public participation to the national competent authority, following the
process outlined in the manual referred to in paragraph 1 of this Article and in
accordance with the guidelines set out in Annex VI.
4. The national competent authority shall request modifications or approve the concept
for public participation within three months of receipt of the concept, taking into
consideration, without the need for repetition, of any form of public participation and
consultation that took place before the start of the permit-granting process, to the
extent that such public participation and consultation has fulfilled the requirements of
this Article.
Where the project promoter intends to make significant changes to an approved
concept for public participation, it shall inform the national competent authority
thereof. In that case the national competent authority may request additional
modifications.
5. Where it is not already required under national law, the project promoter shall carry
out at least one early-stage public consultation, before the submission of the final and
complete permitting application to the national competent authority pursuant to
Article 10(10). The public consultation may be carried out in combination with any
public consultation after submission of the request for development consent pursuant
to Article 6(2) of Directive 2011/92/EU.
6. The public consultation required in the previous paragraph shall comply with the
minimum requirements set out in point (5) of Annex VI and shall inform the
stakeholders referred to in point (3)(a) of Annex VI about the project at an early
stage and shall help to identify the most suitable location, trajectory or technology,
including, where relevant, in view of adequate climate adaptation and security
considerations for the project, all impacts relevant under Union and national law, and
the relevant issues to be addressed in the application file.
7. Without prejudice to the procedural and transparency rules in Member States, the
project promoters shall publish on the website referred to in paragraph 10 a report
summarising the results of activities related to public participation as regards the
project including any activities pre-dating the early public consultation, and
explaining how the opinions expressed in the public consultations were taken into
account, showing the amendments made in the location, trajectory and design of the
project, or providing reasons why such opinions have not been taken into account.
The project promoter shall submit the report together with the application file to the
national competent authority. The comprehensive decision shall take due account of
the result of this report.
8. For cross-border projects involving two or more Member States, the public
consultations carried out pursuant to paragraph 5 in each of the Member States
concerned shall, to the extent possible, take place within a period of no more than
two months from each other, and, where possible, be combined.
9. For projects likely to have a significant transboundary impact in one or more
neighbouring Member States, to which Article 7 of Directive 2011/92/EU and the
Espoo Convention are applicable, the relevant information shall be made available to
the national competent authorities of the neighbouring Member States concerned.
The national competent authorities of the neighbouring Member States concerned
shall indicate, in the notification process where appropriate, whether they, or any
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other authority concerned, wishes to participate in the relevant public consultation
procedures.
10. The project promoter shall establish and regularly update a dedicated project website
with relevant information about the project of common interest, which shall be linked
to the Commission website and the transparency platform referred to in Article 26
and which shall meet the requirements specified in point (6) of Annex VI. National
competent authorities shall check the fulfilment of this obligation by the project
promoters and take measures ensuring compliance where necessary.
Article 10
Duration and implementation of the permit-granting process
1. The permit-granting process shall provide for the following two procedures:
(a) the optional pre-application procedure, covering the period between the start of
the permit-granting process and the acceptance of the submitted complete
application file by the national competent authority, which shall take place
within a maximum period of 24 months;
(b) the mandatory statutory permit-granting procedure, covering the period from
the date of acceptance of the submitted complete application file until the date
of the comprehensive decision, which shall not exceed 18 months.
With regard to the first subparagraph, point (b), where possible, Member States may
provide for a statutory permit-granting procedure that is shorter than 18 months.
2. The national competent authority shall ensure that the combined duration of the two
procedures referred to in paragraph 1 does not exceed a period of 42 months.
However, where the national competent authority considers that one or both of the
procedures will not be completed within the time limits set out in paragraph 1, it may
extend one or both of those time limits before their expiry and on a case-by-case
basis. The national competent authority shall not extend the combined duration of the
two procedures for more than six months other than in exceptional circumstances.
Where the national competent authority extends the time limits, it shall inform the
Group concerned of the reasons for such extension and present it with the measures
taken, or to be taken, for the conclusion of the permit-granting process, with the least
possible delay. The Group may request that the national competent authority reports
regularly on the progress achieved in that regard and provide reasons for any delays.
3. Member States shall ensure that the national competent authorities referred to in
Article 8(1) have adequate technical, financial and human resources to render a
comprehensive decision within the timeframe indicated in Article 10(2).
4. Member States shall ensure that, in the permit-granting procedure referred to in
paragraph 1,:
(a) the lack of reply by the national competent authorities within the deadline
established in paragraph 2 results in the comprehensive decision to be
considered as approved;
(b) the lack of reply by other authorities concerned within the reasonable time limit
established by a national competent authority in accordance with Article 8(3),
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results in their specific opinion, authorisation or permit to be considered as
granted or answered positively.
This paragraph does not produce effects for environmental decisions, and where the
principle of administrative tacit approval does not exist in the legal system of the
Member State concerned.
All decisions shall be made publicly available, including final decisions granted
tacitly following the lack of reply by the relevant competent authorities or authorities
concerned.
5. When requesting the start of the permit-granting process, the project promoters shall
notify the project to the national competent authority of each Member State where
the project is located, including in Member States where the project crosses their
exclusive economic zone, in written or electronic form and include a reasonably
detailed outline of the project.
Within one month of receipt of the notification, the national competent authority
shall, in electronic form, either:
(a) issue an acknowledgement of the receipt; or
(b) if the project is not considered to be mature enough to enter the permit-granting
process, reject the notification, and provide the reasons for its decision
including on behalf of other authorities concerned.
The date of the acknowledgement of receipt shall mark the start of the permit-
granting process. Where two or more Member States are concerned, the date of the
acceptance of the last notification by the national competent authority concerned
shall mark the start of the permit-granting process.
Member States shall ensure that dedicated digital platforms are established to
manage permitting applications, permitting processes, ongoing permitting decisions,
and decisions issued in an easily accessible format.
Those platforms shall provide access to the relevant environmental and geological
data and decisions available in the central online portal referred to in Article 10(3) of
Regulation [xxxxx]37 of the European Parliament and of the Council.
6. National competent authorities shall ensure that the permit-granting process is
accelerated in accordance with this Chapter for each category of projects of common
interest and projects of mutual interest. To that end, the national competent
authorities shall adapt their requirements for the start of the permit-granting process
and for the acceptance of the complete application file, in accordance with the
relevant project category, their nature, dimension, lack of requirement for
environmental assessment, or any other assessments under national law, or the fact
that they may require less authorisations and approvals to reach the ready-to-build
phase.
As such, national competent authorities may decide that the pre-application
procedure referred to in paragraphs 1 and 6 of this Article is not necessary in case the
project promoter does not require this period to perform studies, assessments and
gather data for completing their permitting application file.
37 [reference to the Regulation on speeding-up environmental assessments]
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7. The national competent authorities shall take into consideration, in the screening for
establishing the requirements for the permit-granting process, any studies conducted
and permits or authorisations issued up to five years before the project entered the
permit-granting process in accordance with this Article, including assessments
conducted for the deployment of other projects that are relevant and can be reused,
and shall not require unnecessary or duplicate studies, assessments, permits or
authorisations.
8. In Member States where the determination of a route or location undertaken solely
for the specific purpose of a planned project, including the planning of specific
corridors for grid infrastructures, cannot be included in the permit-granting process
leading to the comprehensive decision, the corresponding decision shall be taken
within a separate period of six months, starting on the date of submission of the final
and complete application documents by the project promoter.
9. The pre-application procedure shall include: the screening and scoping of the
required studies, reports and documentation expected from the project promoter; the
drawing up of the detailed schedule; and, the verification of the draft application file,
under the following steps:
(a) as soon as possible and no later than three months following the notification by
the project promoter referred to in paragraph 5, the national competent
authority shall determine, and notify the project promoter of the authorisations,
permits and assessments required to complete permit-granting process.
The notification made by the national competent authority shall include the
checklist referred to in point (1)(e) of Annex VI, and where relevant, its
content shall be established in cooperation with the other authorities concerned
and with national competent authorities in the other Member States where the
project is located, including if the project crosses their exclusive economic
zone.
Where applicable the notification shall detail the conditions for the project to
benefit from the exemption of Article 7(7) and identify:
(i) whether the project is highly likely to give rise to significant unforeseen
adverse effects in view of the environmental sensitivity of the
geographical areas where it is planned, which were not identified during
the environmental assessment of the National Development Plans carried
out pursuant to Directive 2001/42/EC and, where relevant, to
Directive 92/43/EEC;
(ii) the appropriate and proportionate mitigation measures, or monetary
compensation for species protection programs applicable to the project in
accordance with Article 7(8);
(iii) whether any part of the project is likely to produce significant effects on
the environment in another Member State; in such a case the national
competent authority of the Member State in which the project is located
shall ensure the application of Article 7 of Directive 2011/92/EU and
Articles 2 to 7 of the Convention on environmental impact assessment in
a transboundary context;
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(b) the notification shall also indicate whether the national competent authority
approves, or amends, the concept for public participation submitted by the
project promoter in accordance with Article 9(3). During the screening period,
the national competent authority shall, in cooperation with other authorities
concerned, determine the scope and level of detail of the studies, reports and
documentations, including assessments required for the environmental
permitting of the project, that the project promoter is expected to produce and
submit as part of the complete application file.
Neither the national competent authority, nor any of the authorities concerned
shall subsequently request any additional information, studies, reports or
assessments than the ones determined in this initial screening process, except
where a material change has occurred to the project or its surrounding
environment. Where such a material change occurs, the national competent
authority may request additional information from the project promoter based
on a reasoned justification;
(c) the national competent authority shall draw up, in close cooperation with the
project promoter and other authorities concerned and the national competent
authorities in the other Member States where the project is located, including if
the project crosses their exclusive economic zone, and taking into account the
results of the activities carried out under point (a) of this paragraph, a detailed
schedule for the permit-granting process in accordance with the guidelines set
out in point (2) of Annex VI;
(d) upon receipt of the draft application file, the national competent authority may,
on its own behalf or on behalf of other authorities concerned, request the
project promoter to submit missing information relating to the requested
elements referred to in point (a) within a maximum deadline of one month.
The pre-application procedure shall include the preparation of any environmental
reports by the project promoters, as necessary, including the climate adaptation and
cyber and physical security documentation and assessments.
In cooperation with the project promoter and, as necessary, other authorities
concerned or other national competent authorities of other Member States where the
project is located, including if the project crosses their exclusive economic zone, the
national competent authority may design the requirements for the permit-granting
process of a certain project, and the public consultation timeline set out in point (4)
of Annex VI, in phases, provided it does not delay the overall development of the
project and ensures that the permit-granting process is simplified and accelerated.
The maximum deadlines of paragraphs 1 and 2 shall apply for each of the phases.
Within one month of submission of the missing information referred to in the first
subparagraph, point (d), the competent authority shall accept for examination the
complete application in written or electronic form or on dedicated digital platforms,
starting the statutory permit-granting procedure referred to in paragraph 1, point (b).
10. The project promoter shall cooperate in good faith with the national competent
authorities and with all authorities concerned, in order to provide them with complete
and correct information, in particular with regard to the information identified in the
screening process.
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The project promoter shall ensure that the application file is complete and adequate,
seeking the national competent authority’s opinion it as early as possible in the
permit-granting process.
The project promoter shall cooperate fully with the national competent authority in
order to comply with the time limits set in this Regulation. Any delays due to the
fault of the project promoter in good faith in this respect, shall not count against the
maximum permitting duration.
11. Member States shall ensure that any amendments to the national law do not lead to
prolonging any permit-granting process started before the entry into force of those
amendments. With a view of maintaining an accelerated permit-granting process for
projects on the Union list, national competent authorities shall adequately adapt the
schedule established in accordance with paragraph 6, point (b), of this Article to
ensure, to the extent possible, that the time limits for the permit-granting process set
in this Article are not exceeded.
12. The time limits set in this Article shall be without prejudice to obligations arising
from Union and international law, and without prejudice to administrative appeal
procedures and judicial remedies before a court or tribunal.
The time limits set in this Article for any of the permit-granting procedures shall be
without prejudice to any shorter time limits set by Member States.
CHAPTER IV
Cross-sectoral infrastructure planning
Article 11
Central scenario for the ten-year network development plans
1. By [two years after entry into force] and at least every four years thereafter, the
Commission shall develop a central scenario for the electricity, hydrogen and gas
sectors to be used for the Union-wide ten-year network development plans referred
to in: Article 48 of Regulation (EU) 2019/943 and Article 59 of Regulation (EU)
2024/1789, the infrastructure needs identification process referred to in Article 12 of
this Regulation, the energy system wide cost-benefit analysis referred to in Article 14
of this Regulation, and the cross-border cost allocation referred to in Article 17 of
this Regulation.
2. The central scenario shall:
(a) be consistent with the Union’s targets for energy and climate and include a
long-term perspective until at least 2050 in accordance with the Union’s
climate neutrality objective;
(a) take a cross-sectoral approach ensuring consistency between the electricity,
hydrogen and gas sectors, optimizing system efficiency;
(b) include sensitivity analyses as appropriate.
3. The European Network of Transmission System Operators for Electricity (ENTSO
for Electricity), the European Network of Network Operators for Hydrogen
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(ENNOH), the European Network of Transmission System Operators for Gas
(ENTSO for Gas) and the Member States shall provide, upon request from the
Commission, the data and information necessary for the development of the central
scenario referred to in paragraph 1. That includes, but is not limited to market and
network data, such as demand and supply projections, characteristics of power
generation, hydrogen production and networks, flexibility sources, imports
assumptions, as well as climatic years data. The Commission shall set a reasonable
time limit within which the data and information is to be provided, taking into
account the complexity and urgency of the data and information required. Where an
addressee does not provide the information requested within the time limit set by the
Commission or supplies incomplete information, the Commission may by decision
require the information to be provided. The Commission may request the Agency to
verify the data submitted to the Commission, including by verifying national data
with the relevant national regulatory authorities.
4. The Commission shall consult the Agency, national regulatory authorities, the
ENTSO for Electricity, the ENNOH, the ENTSO for Gas, the European entity for the
cooperation of electricity distribution system operators in the European Union (EU
DSO Entity), the Member States as well as other relevant stakeholders on the data
collected for the purpose of the central scenario development process, including
assumptions and their use in the development of the central scenario.
5. The Commission shall submit the draft central scenario to the TEN-E Group,
together with information on how the comments received in the consultation referred
to in paragraph 4 have been taken into consideration. The TEN-E Group members
shall deliver their comments, if any, within one month of receiving the draft central
scenario.
6. The Commission is empowered to adopt delegated acts in accordance with Article 23
to supplement this Regulation by establishing the central scenarios pursuant to this
Article. The Commission shall adopt the central scenario taking into account the
comments from the TEN-E Group.
7. Following the publication of the delegated act on the central scenario the
Commission shall publish the underlying input and output data for the central
scenario, subject to restrictions under national law and relevant confidentiality
agreements.
8. The Commission, taking into account the views of the Agency, the Member States,
national regulatory authorities, and relevant stakeholders, may develop sensitivity
analyses to the central scenario if this is necessary based on market or policy
developments. The Commission may amend the delegated act referred to in
paragraph 6 of this Article in order to include any such sensitivity analyses.
Article 12
Infrastructure needs identification report
1. The ENTSO for Electricity and the ENNOH respectively, shall develop an
infrastructure needs identification report to identify infrastructure gaps affecting the
Union’s objectives related to electricity and hydrogen.
2. The infrastructure needs identification reports shall:
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(a) be based on the central scenario developed by the Commission in accordance
with Article 11 and its sensitivity analyses;
(b) comply with the methodology developed by the Agency pursuant to paragraph
11;
(c) comply with the principles laid down in Annex VII of this Regulation;
(d) ensure a cross-sectoral approach ensuring consistency between the electricity
and hydrogen sectors as well as, where applicable, gas, district heating and
CO2 sectors.
3. The ENTSO for Electricity and the ENNOH, respectively, shall consult relevant
stakeholders on the additional data, assumptions and their use for the development of
their infrastructure needs identification report.
4. Within six months of the publication of a central scenario pursuant to Article 11,
except where the publication is limited to adding a sensitivity analysis, the ENTSO
for Electricity and the ENNOH shall submit their respective draft infrastructure
needs identification report, including the assessment of how projects submitted for
inclusion in the Union wide ten-year network development plan match the needs
identified, to the TEN-E Group. In case the publication is limited to adding a
sensitivity analysis, the Commission may request the ENTSO for Electricity and the
ENNOH to develop a new infrastructure needs identification report in accordance
with the procedure laid down in this Article.
5. Within two months of receipt of the draft infrastructure needs identification reports
by the TEN-E Group, the Agency shall assess compliance of the draft infrastructure
needs identification reports, including the assessment to what extent projects
submitted for inclusion in the Union wide ten-year network development plan match
the needs identified, with the methodology referred to in paragraph 12 and the
principles set out in Annex VII and inform the TEN-E Group.
6. Within one month of being informed by the Agency about the compliance of the
draft infrastructure needs identification reports, the TEN-E Group members, taking
into account the Agency’s input on compliance, may deliver their comments and
inform the ENTSO for Electricity and the ENNOH respectively.
7. Within two months of having received the comments from the TEN-E Group
members, the ENTSO for Electricity and the ENNOH shall adapt the draft
infrastructure needs identification reports, taking into account the comments of the
TEN-E Group and the Agency, to ensure full compliance with the requirements in
paragraph 2, and shall submit the final infrastructure identification report to the
Commission.
8. The Commission shall submit the final draft infrastructure needs identification report
to the decision-making body of the TEN-E Group for endorsement. Before
submitting the final draft infrastructure needs identification reports to the decision-
making body of the TEN-E Group, the Commission may request updates and
improvements with due justification and within a reasonable timeframe, where it
finds that the final draft infrastructure needs identification reports do not
appropriately reflect the comments from the members of the TEN-E Group and to
ensure full compliance with the principles set out in Annex VII. The ENTSO for
Electricity and the ENNOH respectively, shall fully address such requests within one
month and re-submit the revised final draft infrastructure needs identification reports
to the Commission.
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9. The decision-making body of the TEN-E Group shall endorse the final infrastructure
needs identification reports within one month of their receipt.
10. Within two weeks of the endorsement of the infrastructure needs identification
reports pursuant to paragraph 8, the ENTSO for Electricity and the ENNOH shall
publish them on their website respectively. Where relevant, the ENTSO for
Electricity and the ENNOH shall update the infrastructure needs identification
reports in accordance with the sensitivity analyses adopted pursuant to Article 11(8),
when requested by the Commission.
11. By [9 months after entry into force of this Regulation] the Agency, after having
conducted an extensive consultation involving the Commission, the Member States
the ENTSO for Electricity, the ENTSO for Gas, the ENNOH, the EU DSO Entity
and other relevant stakeholders, shall publish a binding methodology for the
identification of infrastructure needs.
12. The methodology shall ensure that the infrastructure needs identification report
complies with the principles laid down in Annex VII.
13. The Agency on its own initiative, or upon request of the Commission, shall update
the methodology where necessary.
14. Until 1 January 2027, this Article applies subject to the transitional provisions set out
in Article 61 of Regulation (EU) 2024/1789.
Article 13
Needs matching process in the electricity system
1. When the infrastructure needs identification report for electricity concludes that
projects submitted for inclusion in the Union wide ten-year network development
plan do not fully meet the infrastructure needs identified pursuant to Article 12, the
Commission may launch a process to identify possible solutions to address the
unmatched needs.
2. The Commission, in cooperation with the ENTSO for Electricity, the Member States
and the Agency, shall invite system operators in the relevant Groups to propose,
within six months of the invitation, projects capable of addressing the unmatched
needs. The Commission shall submit the proposed projects to the relevant Groups
established in accordance with Article 3 for discussion. The Commission may
involve other relevant stakeholders and other regional cooperation fora. Project
promoters capable of addressing the unmatched needs shall submit eligible projects
as soon as possible for inclusion in the subsequent national development plans, the
Union-wide ten-year network development plan and the Union list.
3. Where the process under paragraph 2 does not identify projects capable of addressing
the unmatched needs, the Commission may launch a call for proposals open to any
third party capable of becoming a project promoter to propose projects capable of
addressing the unmatched needs. Project promoters capable of addressing the
unmatched needs shall submit eligible projects as soon as possible for inclusion in
the subsequent national development plans, the Union-wide ten-year network
development plan and the Union list.
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4. The Commission shall monitor the outcome of the process and progress of the
projects referred to in paragraphs 2 and 3 and closely involve the relevant Groups
established in accordance with Article 3 and other relevant regional cooperation fora.
Article 14
Energy system wide cost-benefit analysis
1. For projects falling under the infrastructure categories set out in points (1)(a), (b),
(c), (d), (e), (f) and (h) and points (2) and (3) of Annex II , the ENTSO for Electricity
and the ENNOH shall use consistent single sector methodologies for a harmonised
energy system-wide cost-benefit analysis at Union level when assessing projects for
their inclusion in their respective Union-wide ten-year network development plans.
2. The methodologies shall:
(a) be drawn up in accordance with the principles laid down in Annex V;
(b) be based on common assumptions allowing for project comparison;
(c) be consistent with the Union’s targets for energy and climate and its 2050
climate neutrality objective and the central scenario referred to in Article 11, as
well as with the rules and indicators set out in Annex IV;
(d) allow for the assessment of project bundles pursuant to Article 18 and, in the
electricity sector, for the consideration of non-wire solutions;
(e) shall take a cross-sectoral approach.
3. The ENTSO for Electricity and the ENNOH shall develop and publish preliminary
draft methodologies for the purpose of consulting the EU DSO Entity, and other
relevant stakeholders. The consultation process shall be open, timely and transparent.
The ENTSO for Electricity and the ENNOH shall prepare and make public a report
on the consultation process.
4. The ENTSO for Electricity and the ENNOH shall publish and submit to Member
States, the Commission and the Agency their draft methodologies. The ENTSO for
Electricity and the ENNOH shall provide reasons where they have not, or have only
partly, taken into account the comments from Member States, national authorities, or
other stakeholders. The ENTSO for Electricity and the ENNOH shall publish and
submit to Member States, the Commission and the Agency their first consistent
single sector draft methodologies by December 2027.
5. Within three months of receipt of the draft methodologies, the Agency and Member
States may deliver their opinions to the ENTSO for Electricity and the ENNOH and
the Commission. The Commission may organise specific meetings of the Groups to
discuss the draft methodologies.
6. Within three months of receipt of the opinions of the Agency and Member States, the
ENTSO for Electricity and the ENNOH shall amend their respective methodologies
to fully take into account the opinions of the Agency and the Member States and
submit them to the Commission for its approval.
7. Within three months of receipt of the respective methodologies, the Commission
shall issue its decision.
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8. If the Commission rejects the draft methodology, it shall provide reasons. The
ENTSO for Electricity and the ENNOH respectively shall revise the draft
methodology and resubmit it to the Commission for its approval.
9. Within two weeks of the approval by the Commission, the ENTSO for Electricity
and the ENNOH shall publish their respective methodologies on their websites.
10. The Commission and the Agency may request the ENTSO for Electricity and the
ENNOH, as applicable, to update their methodologies and set a timetable. The
Agency may act on its own initiative, or upon a duly reasoned request by national
regulatory authorities or stakeholders. The Agency shall publish the requests it
receives and all relevant non-commercially sensitive documents on which its request
is based.
11. Where requested by the Agency or by the Commission, the ENTSO for Electricity
and the ENNOH shall update the consistent single sector cost-benefit methodologies
in accordance with the approval procedure pursuant to paragraphs 3 to 9.
12. The ENTSO for Electricity and the ENNOH shall publish in the context of each
Union-wide ten-year network development plan the updated input data relevant for
application of the methodologies, including calculation methods, network models,
relevant load flow and market data. These data shall be published in a sufficiently
accurate form subject to restrictions under national law and relevant confidentiality
agreements. The Commission and the Agency shall ensure the confidential treatment
of the data received by them and by any party that carries out analytical work on the
basis of those data on their behalf.
13. The ENTSO for Electricity and the ENNOH shall calculate and publish, as part of
the Union-wide ten-year network development plan, the results of cost-benefit
analyses for all projects, showing how the benefits are distributed across countries.
This shall include benefits for both hosting countries and non-hosting countries that
benefit from the respective project.
14. For projects falling under the energy infrastructure categories set out in point (1)(g)
and in point (4) of Annex II, the Commission shall ensure the development of
methodologies for a harmonised energy system-wide cost-benefit analysis at Union
level. Those methodologies shall be compatible in terms of benefits and costs with
the methodologies developed by the ENTSO for Electricity and the ENNOH. The
methodologies shall be developed in a transparent manner, including extensive
consultation of the Agency, the Member States and all relevant stakeholders.
15. Starting from [April 2028] and every two years, the Agency shall establish and
publish a set of indicators and corresponding reference values for the comparison of
unit investment costs for comparable projects of the energy infrastructure categories
included in Annex II. Project promoters shall provide the requested data to the
national regulatory authorities and to the Agency. Those reference values may be
used by the ENTSO for Electricity and the ENNOH for the cost-benefit analyses
carried out for subsequent Union-wide ten-year network development plans.
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CHAPTER V
Offshore grids for renewable integration
Article 15
Offshore grid planning
1. By [within 6 months after entry into force], Member States, with the support of the
Commission, within their specific priority offshore grid corridors, set out in Section
2 of Annex I, taking into account the specificities and development in each region,
shall update the non-binding agreement to cooperate on goals for offshore renewable
generation to be deployed within each sea basin by 2030, 2040 and 2050, in
accordance with their national energy and climate plans, and the offshore renewable
potential of each sea basin. The agreement shall include renewable offshore
hydrogen goals as applicable.
As part of the non-binding agreements, Member States, with the support of the
Commission, within their specific priority offshore grid corridors, set out in Section
2 of Annex I, shall also consider whether specific cross-border goals, such as for
hybrid or cross-border radial projects, should be established between two or more
Member States in their respective national energy and climate plans with the aim to
achieve the goals for offshore renewable generation to be deployed within each sea
basin in the most efficient manner.
That non-binding agreement shall be made in writing as regards each sea basin
linked to the territory of the Member States, and shall be without prejudice to the
right of Member States to develop projects on their territorial sea and exclusive
economic zone. The Commission shall provide guidance for the work in the Groups.
2. By [within 12 months after entry into force], and every four years thereafter, as part
of the following ten-year network development plan thereafter, the ENTSO for
Electricity, with the involvement of the relevant TSOs, the national regulatory
authorities, the Member States and the Commission, and in accordance with the non-
binding agreement referred to in paragraph 1 of this Article, shall develop and
publish, as a separate report which is part of the Union-wide ten-year network
development plan, high-level strategic integrated offshore network development
plans for each sea-basin, in line with the priority offshore grid corridors referred to in
Annex I, taking into account environmental protection and other uses of the sea.
In the development of the high-level strategic integrated offshore network
development plans within the timeline provided for in paragraph 1, the ENTSO for
Electricity shall consider the non-binding agreements referred to in paragraph 1 for
the development of the Union-wide ten-year network development plan central
scenario.
The high-level strategic integrated offshore network development plans shall provide
a general overview of offshore generation capacities potential and resulting offshore
grid needs, including the potential needs for interconnectors, hybrid projects, radial
connections, reinforcements, and hydrogen infrastructure.
3. The high-level strategic integrated offshore network development plans shall be
consistent with regional investment plans published pursuant to Article 34(1) of
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Regulation (EU) 2019/943 and integrated within the Union-wide ten-year network
development plans in order to ensure coherent development of onshore and offshore
grid planning and the necessary reinforcements.
4. At the latest every four years after the adoption of the non-binding agreement with
paragraph 1, the Member States, shall update their non-binding agreements referred
to in paragraph 1 of this Article, including in view of the results of the application of
the latest cost-benefit and cost-sharing to the priority offshore grid corridors.
5. After each update of the non-binding agreements in accordance with paragraph 4, for
each sea basin, the ENTSO for Electricity shall update the high level strategic
integrated offshore network development plans within the next Union-wide ten-year
network development plan as referred to in paragraph 2.
Article 16
Guidance on collaborative investment frameworks for offshore energy projects
1. The Commission shall, with the involvement of the Member States, relevant TSOs,
the Agency and the national regulatory authorities, consider whether an update of the
guidance on collaborative investment frameworks for offshore energy projects,
which provides for a specific cost-benefit and cost-sharing for the deployment of the
sea-basin integrated offshore network development plans referred to in Article 15(2)
in accordance with the non-binding agreements referred to in Article 14(1), is
necessary and, where relevant, publish an updated version of the guidance. This
guidance shall be compatible with Article 17(1). The Commission shall update its
guidance when appropriate, taking into account the results of its implementation.
2. The ENTSO for Electricity, with the involvement of the relevant TSOs, the Agency,
the national regulatory authorities and the Commission, shall update the results of the
application of the cost-benefit and cost-sharing to the priority offshore grid corridors,
including whenever the Commission publishes any update to the guidance for a
specific cost-benefit and cost-sharing for the deployment of the sea-basin integrated
offshore network development plans referred to in Article 15(2) in accordance with
the non-binding agreements referred to in Article 15(1).
CHAPTER VI
Regulatory framework
Article 17
Enabling investments with a cross-border impact
1. The efficiently incurred investment costs, which exclude maintenance costs, related
to a project of common interest falling under the energy infrastructure categories set
out in points (1)(a), (b), (c), (d), (e), (f) and (h) of Annex II, and projects of common
interest falling under the energy infrastructure category set out in point (2) of Annex
II, where they fall under the competence of national regulatory authorities in each
Member State concerned, shall be borne by the relevant TSO, HNO, other operators
or the project promoters of the transmission infrastructure of the Member States to
which the project provides a net positive impact, and, to the extent not covered by
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congestion rents or other charges, be paid for by network users through tariffs for
network access in that or those Member States.
2. The provisions of this Article shall apply to a project of common interest falling
under the energy infrastructure categories set out in Article 27 and points (1)(a), (b),
(c), (d), (e), (f) and (h) and point (2) of Annex II, where at least one project promoter
requests the relevant national authorities their application for the costs of the project.
Projects falling under the energy infrastructure category set out in point (1)(g) of
Annex II may benefit from the provisions of this Article where at least one project
promoter requests its application from the relevant national authorities.
Where a project has several project promoters, the relevant national regulatory
authorities shall without delay request all project promoters to submit the investment
request jointly in accordance with paragraph 4.
3. For a project of common interest to which paragraph 1 applies, the project promoters
shall keep all relevant national regulatory authorities regularly informed, at least
once per year from inclusion of the project on the Union list, and until the project is
commissioned, of the progress of that project and the identification of costs and the
impact associated with it.
4. As soon as such a project of common interest has reached sufficient maturity, and is
estimated to be ready to start the construction phase within the next 36 months, the
project promoters, after having consulted the TSOs from the Member States which
receive a significant net positive impact from it, shall submit an investment request.
That investment request shall include a request for a cross-border cost allocation and
shall be submitted to all the relevant national regulatory authorities concerned,
accompanied by the following:
(a) up-to-date project-specific cost-benefit analysis consistent with the central
scenario referred to in Article 11 and any sensitivities referred to in Article 11,
and the methodology for a harmonised energy system-wide cost-benefit
analysis referred to in Article 14 and taking into account benefits beyond the
borders of the Member States on the territory of which the project is located;
(b) a business plan evaluating the financial viability of the project, including the
chosen financing solution, and, for a project of common interest falling under
the energy infrastructure category referred to in point (3) of Annex II, the
results of market testing;
(c) where the project promoters agree, a substantiated proposal for a cross-border
cost allocation.
Where a project is promoted by several project promoters, they shall submit their
investment request jointly.
The relevant national regulatory authorities shall, upon receipt, transmit to the
Agency, without delay, a copy of each investment request, for information purposes.
The relevant national regulatory authorities and the Agency shall preserve the
confidentiality of commercially sensitive information.
5. Within six months of the date on which the investment request is received by the last
of the relevant national regulatory authorities, those authorities shall, after consulting
the project promoters concerned, take joint coordinated decisions on the allocation of
efficiently incurred investment costs to be borne by each system operator for the
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project, as well as their inclusion in tariffs, or on the rejection of the investment
request, in whole or in part, if the common analysis of the relevant national
regulatory authorities concludes that the project or a part of it fails to provide a
significant net benefit in any of the Member States of the relevant national regulatory
authorities.
The relevant national regulatory authorities shall include the relevant efficiently
incurred investment costs in tariffs, as defined in the recommendation referred to in
paragraph 14, in accordance with the allocation of investment costs to be borne by
each system operator for the project.
For projects in the territories of their respective Member State, the relevant national
regulatory authorities shall thereafter assess, where appropriate, whether any
affordability issues might arise due to the inclusion of the investment costs in tariffs.
6. In allocating the costs, the relevant national regulatory authorities shall take into
account the following:
(a) actual or estimated congestion rents or other charges;
(b) actual or estimated revenues stemming from the inter-transmission system
operator compensation mechanism established under Article 49 of Regulation
(EU) 2019/943.
The allocation of costs across borders shall take into account, the economic, social
and environmental costs and benefits of the projects in the Member States concerned
and the need to ensure a stable financing framework for the development of projects
of common interest while minimising the need for financial support. In allocating
costs across borders, the relevant national regulatory authorities, after consulting the
TSOs concerned, shall seek a mutual agreement based on, but not limited to, the
information specified in paragraph 4, first subparagraph, points (a) and (b), of this
Article. Their assessment shall be based on the central scenario and any sensitivities
referred to in Article 11, allowing a robust analysis of the contribution of the project
of common interest to the Union energy policy of decarbonisation, market
integration, competition, sustainability and security of supply.
7. In allocating the costs, the relevant national regulatory authorities shall apply the
following general principles:
(a) where at least 10 % of the estimated benefits of a project occur in a Member
State, that Member State and the relevant national regulatory authority shall
take part in the cross-border cost-allocation process;
(b) where appropriate, the allocation of costs among the Member States shall be
based on the distribution of net benefits, ensuring that the cost-allocation key
reflects that distribution;
(c) the cross-border cost allocation shall be based on an ex-ante cost-allocation
agreement designed to ensure investment certainty, whereas the agreement
shall be transparent and predictable and the cross-border cost-allocation may
provide for the possibility of ex-post adjustments, provided that such
adjustments are explicitly defined in the cost allocation decision and clearly
framed, including as regards timeframes and categories of costs covered.
Where a project of common interest mitigates negative externalities, such as loop
flows, and that project of common interest is implemented in the Member State at the
origin of the negative externality, such mitigation shall not be regarded as a cross-
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border benefit and shall therefore not constitute a basis for allocating costs to the
TSO of the Member States affected by those negative externalities.
8. The relevant national regulatory authorities shall, on the basis of the cross-border
cost allocation referred to in paragraph 5 of this Article, take into account actual
costs incurred by a TSO, HNO or other project promoter as a result of the
investments when fixing or approving tariffs in accordance with Article 78(1) of
Directive (EU) 2024/1788 and Article 59(1), point (a), of Directive (EU) 2019/944,
insofar as those costs correspond to those of an efficient and structurally comparable
operator.
9. The relevant national regulatory authorities shall notify the cost allocation decision to
the Agency, without delay, together with all the relevant information with respect to
that decision. In particular, the cost allocation decision shall set out detailed reasons
for the allocation of costs among Member States, including the following:
(a) an evaluation of the identified impact on each of the concerned Member States,
including those concerning network tariffs;
(b) an evaluation of the business plan referred to in paragraph 4, first
subparagraph, point (b);
(c) regional or Union-wide positive externalities, such as security of supply,
system flexibility, solidarity or innovation, which the project would generate;
(d) the result of the consultation of the project promoters concerned.
The cost allocation decision shall be published on the websites of the relevant
national regulatory authorities and shared with Agency and the Commission.
By [within 6 months of entry into force], the Agency shall establish a central
repository of all cross-border cost-allocation decisions taken by national regulatory
authorities and host it on its website.
10. Where the relevant national regulatory authorities have not reached an agreement on
the investment request within six months of the date on which the request was
received by the last of the relevant national regulatory authorities, they shall inform
the Agency without delay.
In that case, or upon a joint request from the relevant national regulatory authorities,
the decision on the investment request including cross-border cost allocation referred
to in paragraph 5 shall be taken by the Agency within three months of the date of
referral to the Agency.
Before taking such a decision, the Agency shall consult the relevant national
regulatory authorities and the project promoters. The three-month period referred to
in the second subparagraph may be extended by an additional period of two months
where further information is sought by the Agency. That additional period shall
begin on the day following receipt of the complete information.
The assessment of the Agency shall be based on the central scenario established
under Article 11 and any sensitivities, allowing a robust analysis of the contribution
of the project of common interest to the Union energy policy targets of
decarbonisation, market integration, competition, sustainability and security of
supply.
The Agency, in its decision on the investment request including cross-border cost
allocation, shall leave the determination of the way the investment costs are included
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in the tariffs in accordance with the cross-border cost allocation prescribed, to the
relevant national authorities at the time of the implementation of that decision in
accordance with national law.
The decision on the investment request including cross-border cost allocation shall
be published. Article 25(3) and Articles 28 and 29 of Regulation (EU) 2019/942 shall
apply.
11. A copy of all cost allocation decisions, together with all the relevant information
with respect to each decision, shall be notified, without delay, by the Agency to the
Commission. The Agency shall publish non-confidential versions of all decisions on
its website. That information may be submitted in aggregate form. The Agency and
the Commission shall preserve the confidentiality of commercially sensitive
information.
12. Cost allocation decisions shall not affect the right of TSOs to apply and of national
regulatory authorities to approve charges for access to networks in accordance with
Regulations (EU) 2019/943 and (EU) 2024/1789 and Directives (EU) 2019/944 and
(EU) 2024/1788.
13. This Article shall not apply to projects of common interest which benefit from one or
more of the following:
(a) an exemption from Articles 31, 32, 33 and Articles 78(7) and Directive (EU)
2024/1788, pursuant to Article 78 of Regulation (EU) 2024/1789;
(b) an exemption from Article 19(2) and (3) of Regulation (EU) 2019/943 or
Article 6, Article 59(7) and Article 60(1) of Directive (EU) 2019/944, pursuant
to Article 63 of Regulation (EU) 2019/943;
(c) a derogation from unbundling or third-party access rules, pursuant to Article 17
of Regulation (EC) No 714/2009 of the European Parliament and of the
Council38 or to Article 64 of Regulation (EU) 2019/943 and Article 66 of
Directive (EU) 2019/944.
14. By [six months after entry into force of this Regulation], the Agency shall adopt a
recommendation for identifying good practices for the treatment of investment
requests for projects of common interest in accordance with the principles referred to
in paragraph 7 of this Article.
That recommendation shall be regularly updated by the Agency as necessary. It shall
take account of sectorial specificities, and shall ensure consistency with the
principles on the offshore grids for renewable energy cross-border cost sharing as
referred to in Article 16(1). In adopting or updating the recommendation, the Agency
shall carry out an extensive consultation process, involving all relevant
stakeholders. That recommendation shall also include a non-binding cross-border
cost-allocation template to facilitate the work of national regulatory agencies.
15. Projects of mutual interest shall obtain a cross-border cost allocation under the same
rules and conditions referred to in this Article as regards the benefits they bring for
the Union. It shall be issued in a coordinated manner by the relevant national
regulatory authorities of the benefiting Member States.
38 Regulation (EC) No 714/2009 of the European Parliament and of the Council on conditions for access
to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003
(OJ L 211, 14.8.2009, p. 15, ELI: http://data.europa.eu/eli/reg/2009/714/oj).
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16. This Article shall apply mutatis mutandis to project bundles under Article 18.
Article 18
Enabling energy infrastructure projects bundling for the purpose of cost-sharing
1. Project promoters may bundle two or more projects on the Union list to facilitate the
discussions on cost-sharing between the relevant Member States and third countries,
as appropriate, and the cross-border cost-allocation decisions between the concerned
competent authorities of the Member States or between the competent authorities of
the Member States and third countries, as appropriate.
2. The Commission may invite project promoters to submit a proposal for one or
several bundles of two or more projects on the Union list to the relevant Groups for
discussion. A project bundle may include projects at different stages of maturity,
provided that their bundling does not delay the implementation of the most mature
projects.
3. Following the discussions in the Groups, the Commission may request the ENTSO
for Electricity or the ENNOH to provide a common cost-benefit analysis for the
proposed bundles of two or more projects on the Union list. The common cost-
benefit analysis shall be consistent with the central scenario and sensitivities referred
to under Article 11, and the methodology drawn up pursuant to Article 15. The
ENTSO for Electricity or the ENNOH shall provide the common cost-benefit
analysis within 2 months of the request to the Commission.
4. The relevant Member States, with the involvement of the relevant national regulatory
authorities, and with the support of the Commission, shall conclude on the bundle of
projects and, where appropriate, invite project promoters to add projects to the
bundle or delete projects from the bundle, if this facilitates discussions on cost-
sharing, provided that the number of projects on the Union list included in the bundle
remains manageable.
5. The relevant Member States may decide to endorse the bundles and invite project
promoters to submit a joint investment request under Article 17(4). That decision
shall be shared with the relevant Groups and the Commission. For the purpose of
Article 17(4), only one up-to-date cost-benefit analysis and one proposal for a cross-
border cost-allocation shall be included in the investment request in view of
facilitating a possible application for Union financial assistance pursuant to Article
21.
Article 19
Ring-fenced congestion income for projects on the Union list
1. TSOs shall set aside 25 % of the congestion rents not spent for guaranteeing the
actual availability of the allocated capacity pursuant to Article 19(2), point (a), of
Regulation (EU) 2019/943 and for compensation to offshore renewable electricity
generation plant operators pursuant to Article 19(2), point (c), of Regulation (EU)
2019/943, for network investments into projects on the Union list relevant to
reducing interconnector congestion pursuant Article 19(2), point (b), of Regulation
(EU) 2019/943.
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2. TSOs shall place the funds referred to in point 1 of this Article on a separate account
line until it can be spent for financing projects on the Union list relevant to reducing
interconnector congestion, or until they have demonstrated that the priority
objectives set out in Article 19(2), point (b), of Regulation (EU) 2019/943 have been
adequately fulfilled and there is no need for additional cross-border capacity to be
built at the borders of the Member States concerned to reduce interconnector
congestion.
3. The use of the funds referred to in paragraph 1 shall:
(a) address the financing gap of projects on the Union list which have
significant benefits outside their hosting countries, taking due account of
expected tariff financing;
(b) be made transparent in requests for cross-border cost allocation decisions
pursuant to Article 17 of this Regulation;
(c) avoid double funding and ensure proportionality, transparency and non-
discrimination;
(d) not compromise the fulfilment of the priority objectives under Article
19(2) of Regulation (EU) 2019/943.
4. The Commission is empowered to adopt delegated acts in accordance with Article 23
of this Regulation to supplement this Regulation by specifying the conditions under
which TSOs may use the funds referred to in paragraph 1 of this Article and the
conditions under which the objective of Article 19(2), point (b), of Regulation (EU)
2019/943 is considered adequately fulfilled.
5. Within [6 months] after the entry into force of the delegated acts referred in
paragraph 4, the Agency shall update the methodology on the use of revenues from
congestion income pursuant to Article 19(4) of Regulation (EU) 2019/943. The
updated methodology shall be consistent with paragraphs 1, 2 and 3 of this Article
and with the delegated acts adopted pursuant to paragraph 4 of this Article.
Article 20
Regulatory incentives
1. Where a project promoter incurs higher risks for the development, construction,
operation or maintenance of a project of common interest falling under the
competence of national regulatory authorities, when compared to the risks normally
incurred by a comparable infrastructure project, national regulatory authorities may
grant appropriate incentives to that project in accordance with Regulations (EU)
2019/943 and 2024/1789 and Directives (EU) 2019/944 and (EU) 2024/1788.
The first subparagraph shall not apply where the project of common interest benefits
from one or more of the following:
(a) an exemption from Articles 31, 32, and 33, and Articles 78(7) and (9) of
Directive (EU) 2024/1788, pursuant to Article 78 of Regulation (EU)
2024//1789;
(b) an exemption from Article 19(2) and (3) of Regulation (EU) 2019/943 or from
Article 6, Article 59(7) and Article 60(1) of Directive (EU) 2019/944 pursuant
to Article 63 of Regulation (EU) 2019/943;
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(c) an exemption pursuant to Article 36 of Directive 2009/73/EC;
(d) a derogation pursuant to Article 17 of Regulation (EC) No 714/2009.
2. In the case of a decision to grant the incentives referred to in paragraph 1 of this
Article, national regulatory authorities shall consider the results of the cost-benefit
analysis consistent with the methodology drawn up pursuant to Article 14 and in
particular the regional or Union-wide positive externalities generated by the project.
The national regulatory authorities shall further analyse the specific risks incurred by
the project promoters, the risk mitigation measures taken and the reasons for the risk
profile in view of the net positive impact provided by the project, when compared to
a lower-risk alternative. Eligible risks shall in particular include risks related to new
transmission technologies, both onshore and offshore, risks related to under-recovery
of costs and development risks.
3. The decision to grant the incentives shall take into account the specific nature of the
risk incurred and may grant incentives covering, inter alia, one or more of the
following measures:
(a) the rules for anticipatory investment;
(b) the rules for recognition of efficiently incurred costs before commissioning of
the project;
(c) the rules for providing additional return on the capital invested for the project;
(d) any other measure deemed necessary and appropriate.
CHAPTER VII
Financing
Article 21
Eligibility of projects for Union financial assistance under Regulation (EU) 2021/1153
1. Projects of common interest falling under the energy infrastructure categories set out
in Article 27 and Annex II shall be eligible for Union financial assistance in the form
of grants for studies and financial instruments.
2. Projects of common interest falling under the energy infrastructure categories set out
in Article 27 and in points (1)(a), (b), (c), (d), (e), (f) and (h) and point (2) of Annex
II and under the competence of national regulatory authorities shall also be eligible
for Union financial assistance in the form of grants for works where they fulfil all of
the following criteria:
(a) the project specific cost-benefit analysis drawn up pursuant to Article 17(4),
point (a), provides evidence concerning the existence of significant positive
externalities, such as security of supply, system flexibility, solidarity or
innovation;
(b) the project has received a cross-border cost allocation decision pursuant to
Article 17;
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(c) the project cannot be financed by the market or through the regulatory
framework in accordance with the business plan and other assessments, in
particular those carried out by potential investors, creditors or the national
regulatory authority, taking into account any decision on incentives and
reasons referred to in Article 20(2) when assessing the project’s need for Union
financial assistance.
3. Projects of common interest carried out in accordance with the procedure referred to
in Article 5(7), point (d), shall also be eligible for Union financial assistance in the
form of grants for works where they fulfil the criteria set out in paragraph 2 of this
Article.
4. Projects of common interest falling under the energy infrastructure categories set out
in Annex II other than those referred to in paragraph 2, with the exception of the
infrastructure category set out in point (3) of that Annex shall also be eligible for
Union financial assistance in the form of grants for works where they fulfil all of the
following criteria:
(a) the project specific cost-benefit analysis drawn up by the project promoter in
application of the relevant cost-benefit analysis methodology developed in
accordance with Article 11 provides evidence concerning the existence of
significant positive externalities, such as security of supply, system flexibility,
solidarity or innovation;
(b) the project cannot be financed by the market in accordance with the business
plan drawn-up by the project promoter and other assessments, in particular
those carried out by potential investors, creditors or the national regulatory
authority;
(c) the project has received an evaluation carried out by the relevant national
authority or, where applicable, the national regulatory authority, in
consultation with the TSOs or relevant DSOs from the Member States where
the project provides a significant net positive impact, that clearly demonstrates
the existence of significant positive externalities, such as security of supply,
system flexibility, solidarity or innovation, generated by the project and include
an evaluation thereof, and provides clear evidence of their lack of commercial
viability, in accordance with the cost-benefit analysis, the business plan and
assessments carried out by the project promoter and potential investors or
creditors and, where applicable, a national regulatory authority.
5. The evaluation referred to in paragraph 4, point (c), of this Article shall be based on
the scenario established under Article 11 and any existing sensitivity analyses thereof
and shall include an accurate evaluation and assessment of the efficiently incurred
costs, an accurate description of the benefits of the project including their split across
borders for individual Member States or third countries including non-hosting
countries, a description of the split of costs across-borders and of all financing
sources relevant for the project and already certain.
6. This Article shall apply mutatis mutandis to projects of mutual interest and bundles
of projects pursuant to Article 18.
Projects of mutual interest shall be eligible for Union financial assistance under
conditions set out in Regulation (EU) 2021/1153. With regard to grants for works,
projects of mutual interest shall be eligible for Union financial assistance provided
that they fulfil the criteria set out in paragraph 2 or 4 of this Article, as applicable,
EN 60 EN
and where the project contributes to the Union’s overall energy and climate policy
objectives.
Article 22
Guidance for the award criteria of Union financial assistance
The specific criteria set out in Article 4(3) of this Regulation and the parameters set
out in Article 4(5) of this Regulation shall apply for the purpose of establishing
award criteria for Union financial assistance under Regulation (EU) 2021/1153. For
projects of common interest falling under Article 27 of this Regulation, in addition to
the requirements provided by Article 21(2), the criteria of market integration,
security of supply, competition and sustainability shall apply.
CHAPTER VIII
Final provisions
Article 23
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 3(4), Article 11(6) and
Article 19(4) shall be conferred on the Commission for a period of seven years from
23 June 2027. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the seven-year period. The
delegation of power shall be tacitly extended for periods of an identical duration,
unless the European Parliament or the Council opposes such extension not later than
three months before the end of each period.
3. The delegation of power referred to in Article 3(4), Article 11(6) and 19(4) may be
revoked at any time by the European Parliament or by the Council. A decision to
revoke shall put an end to the delegation of the power specified in that decision. It
shall take effect the day following the publication of the decision in the Official
Journal of the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the
Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 3(4), Article 11(6) and Article 19(4)
shall enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months of notification of that act to
the European Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
EN 61 EN
will not object. That period shall be extended by two months at the initiative of the
European Parliament or of the Council.
Article 24
Reporting and evaluation
By 30 June 2032, the Commission shall publish a report on the implementation of
projects on the Union list and submit it to the European Parliament and the Council.
That report shall provide an evaluation of:
(a) the progress achieved in the planning, development, construction and
commissioning of projects on the Union list, and, where relevant, delays in
implementation and other difficulties encountered;
(b) the funds engaged and disbursed by the Union for projects on the Union list,
compared to the total value of funded projects on the Union list;
(c) the progress achieved in terms of integration of renewable energy sources,
including offshore renewable energy sources, and reduced greenhouse gas
emissions through the planning, development, construction and commissioning
of projects on the Union list;
(d) for the electricity and hydrogen sectors, the evolution of the interconnection
level between Member States, and the corresponding evolution of energy
prices;
(e) the permit-granting process and public participation, in particular:
(i) the average and maximum total duration of the permit-granting process
for projects on the Union list, including the duration of each step of the
pre-application procedure, compared to the timing foreseen by the initial
major milestones referred to in Article 10(9);
(ii) best and innovative practices with regard to stakeholder involvement;
(iii) best and innovative practices with regard to mitigation of environmental
impacts, including climate adaptation, during permit-granting processes
and project implementation;
(iv) the effectiveness of the schemes provided for in Article 8(3) regarding
compliance with the time limits set in Article 10(1) and (2);
(v) the rate of digitalisation of permitting procedures;
(f) regulatory treatment, in particular:
(i) the number of projects of common interest, or bundles of projects, having
been granted a cross-border cost allocation decision pursuant to Article
17;
(ii) the number and type of projects of common interest which received
specific incentives pursuant to Article 20;
(g) the effectiveness of this Regulation in contributing to the Union targets for
energy and climate and the achievement of climate neutrality by 2050 at the
latest;
EN 62 EN
(h) the improvement of physical and cyber security resilience of cross-border
energy infrastructure;
(i) the uptake of non-wire solutions in terms of number of projects and respective
increase in grid capacity.
Article 25
Review
By 30 June 2033, the Commission shall carry out a review of this Regulation, on the
basis of the results of the reporting and evaluation provided for in Article 24 of this
Regulation, as well as the monitoring, reporting and evaluation carried out pursuant
to Articles 22 and 23 of Regulation (EU) 2021/1153.
Article 26
Information and publicity
The Commission shall establish and maintain a transparency platform easily
accessible to the general public through the internet. The platform shall be regularly
updated with information from: the reports referred to in Article 5(4); the website
referred to in Article 9(7); and direct information from the project promoters as
regards projects no longer on the Union list. The platform shall contain the following
information:
(a) general, updated information, including geographic information, for each
project on the Union list;
(b) the implementation plan as set out in Article 5(1) for each project on the Union
list, presented in a manner that allows the assessment of the progress in
implementation at any time;
(c) the main expected benefits and contribution to the objectives referred to in
Article 1(1) and the costs of the projects except for any commercially sensitive
information;
(d) the Union list;
(e) the funds allocated and disbursed by the Union for each project on the Union
list;
(f) the links to the national manual of procedures referred to in Article 9;
(g) information and status updates as regards projects that were on the Union list,
but are no longer included.
Article 27
Derogation for interconnections for Cyprus and Malta
1. In the case of Cyprus and Malta, which are not interconnected to the trans-European
gas network, a derogation from Article 3, Article 4(1), points (a) and (b), Article
4(5), and Annexes I, II and III shall apply. One interconnection for each of those
EN 63 EN
Member States shall maintain its status of project of common interest under this
Regulation with all relevant rights and obligations, where that interconnection:
(a) was under development or planning on 23 June 2022;
(b) has been granted the status of project of common interest under Regulation
(EU) No 347/2013 of the European Parliament and of the Council39;
(c) is necessary to secure permanent interconnection of those Member States to the
trans-European gas network.
Those projects shall ensure the future ability to access new energy markets, including
hydrogen.
2. The project promoters shall provide sufficient evidence of how the interconnections
referred to in paragraph 1 will allow access to new energy markets, including
hydrogen, in accordance with the Union’s overall energy and climate policy
objectives. Such evidence shall include an assessment of the supply and demand for
renewable or low-carbon hydrogen as well as a calculation of the greenhouse gas
emissions reduction enabled by the project.
The Commission shall regularly verify that assessment and that calculation, as well
as the timely implementation of the project.
3. In addition to the specific criteria set out in Article 21 for Union financial assistance,
the interconnections referred to in paragraph 1 shall be designed in view of ensuring
access to future energy markets, including hydrogen, shall not lead to a prolongation
of the lifetime of natural gas assets and shall ensure the interoperability of
neighbouring networks across borders. Any eligibility for Union financial assistance
under Article 21 shall end on 31 December 2027.
4. Any request for Union financial assistance for works shall clearly demonstrate the
aim to convert the asset into a dedicated hydrogen asset by 2036 if market conditions
allow, by means of a roadmap with a precise timeline.
5. The derogation set out in paragraph 1 shall apply until Cyprus or Malta, respectively,
is directly interconnected to the trans-European gas network or until 31 December
2029, whichever is the earlier.
Article 28
Amendments to Regulation (EU) 2019/942
Regulation (EU) 2019/942 is amended as follows:
(1) in Article 3(2), the first subparagraph is replaced by the following:
‘At ACER’s request, the regulatory authorities, the ENTSO for Electricity, the
ENTSO for Gas, the ENNOH, the regional coordination centres, the EU DSO Entity,
the transmission system operators, hydrogen network operators, the nominated
electricity market operators, and entities established by transmission system
39 Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on
guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and
amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115,
25.4.2013, p. 39, ELI: http://data.europa.eu/eli/reg/2013/347/oj).
EN 64 EN
operators for natural gas, LNG system operators, natural gas storage system
operators or hydrogen storage operators or hydrogen terminal operators shall provide
to ACER the information in the same level of detail necessary for the purpose of
carrying out ACER’s tasks under this Regulation, unless ACER has already
requested and received such information.’
(2) in Article 11, points (c) and (d) are replaced by the following:
‘(c) carry out the obligations laid out in Articles 5, 11, 12, 14, 17 of Regulation (EU)
…/… of the European Parliament and of the Council* [the TEN-E Regulation as
proposed by COM(2025)xxxx] and in Section 2, point (8), of Annex III to that
Regulation;
(d) take decisions on investment requests including cross-border cost allocation
pursuant to Article 17(9) of Regulation (EU) …/… [the TEN-E Regulation as
proposed by COM(2025)xxxx].
___________
* Regulation (EU) …/… of the European Parliament and of the Council [the TEN-E
Regulation as proposed by COM(2025)xxxx] (OJ…, ELI: …)’
Article 29
Amendments to Regulation (EU) 2019/943
Article 48 of Regulation (EU) 2019/943 is replaced by the following:
‘Article 48
Ten-year network development plan
1. The Union-wide network development plan referred to under Article 30(1), point (b),
of this Regulation shall be based on the central scenario and the identification of
system needs report pursuant to Articles 11 and 12 of Regulation (EU) …/… of the
European Parliament and of the Council* [the TEN-E Regulation as proposed by
COM(2025)xxxx] and shall include the modelling of the integrated network and an
assessment of the resilience of the system. Relevant input parameters for the
modelling of the central scenario, such as assumptions on fuel and carbon prices or
installation of renewables, and assumptions for the European resource adequacy
assessment developed pursuant to Article 23 of this Regulation should be consistent
to the extent possible.
The Union-wide network development plan shall, in particular:
(a) build on projects of cross-border relevance included in national ten-year
network development plans and national investment plans, taking into account
regional investment plans as referred to in Article 34(1) of this Regulation, and
be based on Union aspects of network planning as set out in Regulation (EU)
…/… [the TEN-E Regulation as proposed by COM(2025)xxxx]; it shall be
subject to a cost-benefit analysis using the methodology established in
Article 14 of that Regulation;
(b) consider with priority alternatives to network expansion, such as non-wire
solutions pursuant to Regulation (EU) …/… [the TEN-E Regulation as
proposed by COM(2025)xxxx] or non-fossil flexibility;
EN 65 EN
(c) regarding cross-border interconnections, also build on the reasonable needs of
different system users and integrate long-term commitments from investors
referred to in Articles 44 and 51 of Directive (EU) 2019/944;
(d) identify investment gaps, in particular with respect to cross-border capacities.
In regard to the second subparagraph, point (d), a review of barriers to the increase of
cross-border capacity of the network arising from different approval procedures or
practices may be annexed to the Union–wide network development plan.
2. ACER shall provide an opinion on the national ten-year network development plans
to assess their consistency with the Union–wide network development plan,
including compliance with requirements of Article 3(6) and (7) of Regulation (EU)
…/… [the TEN-E Regulation as proposed by COM(2025)xxxx]. If ACER identifies
inconsistencies between a national ten-year network development plan and the
Union–wide network development plan, it shall recommend amending the national
ten-year network development plan or the Union–wide network development plan as
appropriate by two months upon its receipt. If such a national ten-year network
development plan is developed in accordance with Article 40a of Directive
(EU) 2019/944, ACER shall recommend that the regulatory authority amend the
national ten-year network development plan in accordance with Article 40a(7) of that
Directive and inform the Commission thereof.
___________
* Regulation (EU) …/… of the European Parliament and of the Council [the TEN-E
Regulation as proposed by COM(2025)xxxx] (OJ…, ELI: …)’
Article 30
Amendments to Regulation (EU) 2024/1789
Regulation (EU) 2024/1789 is amended as follows:
(1) Article 60 is replaced by the following:
‘Article 60
Union-wide network development plan for hydrogen
1. The Union-wide network development plan for hydrogen shall be based on the
central scenario and the identification of system needs report pursuant to Articles 11
and 12 of Regulation (EU) …/… of the European Parliament and of the Council*
[the TEN-E Regulation as proposed by COM(2025)xxxx] and shall include the
modelling of the integrated hydrogen network, a European supply adequacy outlook
and an assessment of the resilience of the system.
The Union-wide network development plan for hydrogen shall, in particular:
(a) build on the national hydrogen transmission network development plans as
laid down in Article 55 of Directive (EU) 2024/1788 and be based on Union aspects
of network planning as set out in Regulation (EU) …/… [the TEN-E Regulation as
proposed by COM(2025)xxxx];
EN 66 EN
(b) regarding cross-border interconnections, build on the reasonable needs of
different network users and integrate long-term commitments from investors as
referred to in Article 55(7) of Directive (EU) 2024/1788;
(c) identify investment gaps, in particular with respect to the necessary cross-
border capacities, to implement the priority corridors for hydrogen and electrolysers
as referred to in point 3 of Annex I to Regulation (EU) …/… [the TEN-E Regulation
as proposed by COM(2025)xxxx].
With regard to the second subparagraph, point (c), a review of barriers to the increase
of cross-border capacity of the network arising from different approval procedures or
practices may be annexed to the Union-wide network development plan for
hydrogen. Such a review may be accompanied, where appropriate, by a
comprehensive plan to remove such barriers and accelerate the implementation of the
priority corridors for hydrogen and electrolysers.
2. ACER shall provide an opinion on the national hydrogen transmission network
development plans where relevant to assess their consistency with the Union-wide
network development plan for hydrogen including compliance with requirements of
Article 3(6) and (7) of Regulation (EU) …/… [the TEN-E Regulation as proposed by
COM(2025)xxxx]. If ACER identifies inconsistencies between a national hydrogen
transmission network development plan and the Union-wide network development
plan for hydrogen, it shall recommend amending the national hydrogen transmission
network development plan or the Union-wide network development plan for
hydrogen as appropriate, no later than two months after receiving the national
hydrogen transmission network development plan.
3. When developing the Union-wide network development plan for hydrogen, the
ENNOH shall cooperate with the ENTSO for Electricity and with the ENTSO for
Gas, in particular on the development of the energy system wide cost-benefit analysis
referred to in Article 14 of Regulation (EU) …/… [the TEN-E Regulation as
proposed by COM(2025)xxxx], and the infrastructure gaps identification referred to
in Article 13 of that Regulation.
___________
* Regulation (EU) …/… of the European Parliament and of the Council … [the
TEN-E Regulation as proposed by COM(2025)xxxx] (OJ…, ELI: …)’
(2) Article 61 is replaced by the following:
‘Article 61
Union-level integrated network planning
1. During the transitional period until 1 January 2027, the ENTSO for Gas shall
develop the 2026 Union-wide network development plan for hydrogen, with the full
involvement of hydrogen transmission network operators and together with the
ENNOH as soon as it is established. The 2026 Union-wide network development
plan for hydrogen shall consist of two separate chapters, one for hydrogen and one
for natural gas. The ENTSO for Gas shall without delay transfer to the ENNOH all
the information, including data and analyses it collected during the preparation of the
Union-wide network development plans for hydrogen by 1 January 2027.
EN 67 EN
2. The ENNOH shall develop the 2028 Union-wide network development plan for
hydrogen pursuant to this Article and Article 60.
3. The ENNOH shall cooperate closely with the ENTSO for Electricity and the ENTSO
for Gas to develop integrated Union-wide network development plans pursuant to
Articles 32 and 60 of this Regulation and to Article 30 of Regulation (EU) 2019/943
respectively.
4. Where decisions need to be made to ensure system efficiency as defined in Article 2,
point (4), of Directive (EU) 2023/1791 of the European Parliament and of the
Council across energy-carriers the Commission shall ensure that the ENTSO for
Electricity, the ENTSO for Gas and the ENNOH cooperate closely.
5. The ENNOH, the ENTSO for Electricity and the ENTSO for Gas shall cooperate in
an efficient, inclusive and transparent manner, they shall facilitate taking decisions
by consensus and they shall develop the necessary working arrangements for the
purpose of enabling such cooperation and ensuring their fair representation.
The ENNOH, together with the ENTSO for Electricity and the ENTSO for Gas, may
establish working groups to fulfil its obligations pursuant to the first subparagraph,
points (a), (b) and (d) and shall ensure fair and equal representation of the hydrogen,
electricity and gas sectors in the working groups.
Article 31
Transitional provisions
1. This Regulation shall not affect the granting, continuation or modification of
financial assistance awarded by the Commission pursuant to Regulation (EU) No
1316/2013 of the European Parliament and of the Council40 and Regulation (EU)
2021/1153.
2. Any process for developing the cost-benefit analysis methodology initiated by the
ENTSO for Electricity or ENNOH in accordance with Article 11 of Regulation (EU)
2022/869 before [date of entry into force/start of application of this Regulation] shall
continue under Article 14 of this Regulation.
Any steps completed under Article 11 of Regulation (EU) 2022/869 shall be deemed
to have been completed under the corresponding provisions of Article 14 of this
Regulation.
Any energy system-wide cost-benefit analysis methodology approved by the
Commission pursuant to Article 11(4) of Regulation (EU) 2022/869 shall be deemed
to have been approved under Article 14 (7) of this Regulation and shall remain valid
until it is replaced by a new energy system-wide cost-benefit analysis methodology
developed pursuant to Article 14 of this Regulation.
3. The joint scenarios being developed by the ENTSO for Electricity, the ENTSO for
Gas, and the ENNOH pursuant to Article 12 of Regulation (EU) 2022/869 shall
continue to be developed and approved by the Commission in accordance with the
40 Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013
establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing
Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013) p. 129,
http://data.europa.eu/eli/reg/2013/1316/oj.
EN 68 EN
procedure set out in that Article. Those joint scenarios, once approved by the
Commission, shall be deemed to be central reference scenarios under Article 11 of
this Regulation and shall remain valid until they are replaced by new central
reference scenarios developed pursuant to Article 11 of this Regulation.
4. Annex VII to Regulation (EU) 2022/869 setting out the [__] Union list of projects of
common interest and projects of mutual interest as well as Articles [___] of
Regulation (EU) 2022/869, and Annexes [___] to that Regulation, shall continue to
apply to the projects of common interest and projects of mutual interest included on
the [__] Union list until the delegated act referred to in Article 3(4) of this Regulation
establishing the first Union list starts to apply.
Article 32
Repeal
Regulation (EU) 2022/869 is repealed. References to Regulation (EU) 2022/869 shall be
construed as references to this Regulation.
Article 33
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
EN 1 EN
LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3
1.1. Title of the proposal/initiative ...................................................................................... 3
1.2. Policy area(s) concerned .............................................................................................. 3
1.3. Objective(s) .................................................................................................................. 3
1.3.1. General objective(s) ..................................................................................................... 3
1.3.2. Specific objective(s) ..................................................................................................... 3
1.3.3. Expected result(s) and impact ...................................................................................... 4
1.3.4. Indicators of performance ............................................................................................ 4
1.4. The proposal/initiative relates to: ................................................................................. 4
1.5. Grounds for the proposal/initiative .............................................................................. 5
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative ............................................................ 5
1.5.2. Added value of Union involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this point 'added value of Union involvement' is the value resulting
from Union intervention, which is additional to the value that would have been
otherwise created by Member States alone. ................................................................. 5
1.5.3. Lessons learned from similar experiences in the past .................................................. 8
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies
with other appropriate instruments............................................................................... 8
1.5.5. Assessment of the different available financing options, including scope for
redeployment ................................................................................................................ 8
1.6. Duration of the proposal/initiative and of its financial impact .................................. 10
1.7. Method(s) of budget implementation planned ........................................................... 10
2. MANAGEMENT MEASURES................................................................................. 11
2.1. Monitoring and reporting rules .................................................................................. 11
2.2. Management and control system(s) ........................................................................... 11
2.2.1. Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed ................ 11
2.2.2. Information concerning the risks identified and the internal control system(s) set up
to mitigate them.......................................................................................................... 11
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control
costs ÷ value of the related funds managed"), and assessment of the expected levels
of risk of error (at payment & at closure) .................................................................. 12
2.3. Measures to prevent fraud and irregularities .............................................................. 12
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 14
EN 2 EN
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)
affected ....................................................................................................................... 14
3.2. Estimated financial impact of the proposal on appropriations ................................... 15
3.2.1. Summary of estimated impact on operational appropriations.................................... 15
3.2.1.1. Appropriations from voted budget ............................................................................. 15
3.2.2. Estimated output funded with operational appropriations (not to be completed for
decentralised agencies)............................................................................................... 18
3.2.3. Summary of estimated impact on administrative appropriations ............................... 20
3.2.3.1. Appropriations from voted budget .............................................................................. 20
3.2.3.2. Total appropriations ................................................................................................... 20
3.2.4. Estimated requirements of human resources.............................................................. 20
3.2.4.1. Financed from voted budget....................................................................................... 21
3.2.4.2. Total requirements of human resources ..................................................................... 21
3.2.5. Overview of estimated impact on Digital related investments .................................. 22
3.2.6. Compatibility with the current multiannual financial framework.............................. 23
3.2.7. Third-party contributions ........................................................................................... 23
3.3. Estimated impact on revenue ..................................................................................... 26
4. DIGITAL DIMENSIONS .......................................................................................... 26
4.1. Requirements of digital relevance .............................................................................. 26
4.2. Data ............................................................................................................................ 27
4.3. Digital solutions ......................................................................................................... 28
4.4. Interoperability assessment ........................................................................................ 28
4.5. Measures to support digital implementation .............................................................. 29
EN 3 EN
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
1.1. Title of the proposal/initiative
Regulation of the European Parliament and of the Council on guidelines for trans-
European energy infrastructure amending Regulations (EU) 2019/942, and (EU)
2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869.
1.2. Policy area(s) concerned
Area: Energy
Activity: Clean Industrial Deal
1.3. Objective(s)
1.3.1. General objective(s)
The general objective is the timely an efficient development and interoperability of
resilient energy infrastructure, renewable energy and flexibility, including storage
and recharging stations, across the EU. This will enable the EU to deliver on its
energy and climate objectives, including ensuring energy affordability through better
interconnectivity, leading to price convergence, reduced wholesale electricity prices
and lower volatility of electricity prices as well as to accelerated connection of
generation and demand.
1.3.2. Specific objective(s)
To achieve the general objective, four specific objectives (SOs) are addressed by this
initiative:
i) SO1: Ensure that projects included in network development plans and selected as
PCI/PMIs address appropriately and effectively identified infrastructure needs
ensuring timely and efficient development of energy infrastructure;
ii) SO2: Facilitate the use of cost-sharing tools for faster deployment of cross-border
infrastructure projects, leading to an increased use of cost-sharing tools and a
reduction in project deployment time;
iii) SO3: Shorten and simplify permitting procedures for energy infrastructure,
renewable energy and storage projects, as well as recharging stations, leading to
shorter time to obtain necessary permits, making it feasible to meet the existing
deadlines, and simplified permit requirements;
iv) SO4: Enhance physical and cyber security and resilience of cross-border energy
infrastructure (PCIs/PMIs) by increasing the number of protection and resilience
equipment and installations on critical network elements.
The proposal entails a new requirement for the Commission, which is linked to the
achievement of SO1:
– Requirement 1 (linked to SO1): The Commission is tasked with the
development of a comprehensive central scenario and sensitivity analyses, as
necessary, at least every four years for the electricity, hydrogen and gas sectors
to be used for the Union-wide ten year network development plans (TYNDP)
(Article 11).
EN 4 EN
The proposal entails new requirements for ACER, which are linked to the
achievement of SO1 and SO2:
– Requirement 2 (linked to SO1): For the purpose of the central scenario
development, ACER is tasked with supporting as well as verifying the data
collection by the Commission (Article 11). In addition, ACER is required to
develop and publish a binding framework methodology for the identification of
infrastructure needs (to be conducted by ENTSO-E and ENNOH).
– Requirement 3 (linked to SO2): ACER is mandated to update its Cross-Border
Cost Allocation (CBCA) recommendation and establish a central repository of
all CBCA decisions (Article 17).
1.3.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries / groups targeted.
The additional resources will allow the Commission and ACER to carry out the tasks
necessary to fulfil their mandate under EU legislation as per the requirements under
this proposal. The proposal is expected to have the following effects on the
beneficiaries and groups targeted:
– Requirement 1: Tasking the Commission with central scenario development is
expected to ensure greater transparency, scrutiny and coherence of inputs used
in network planning both at European and national level, with the ultimate aim
to ensure infrastructure needs are identified and addressed more effectively,
leading to a reduction in the gap between planned infrastructure projects in the
TYNDP and the identified cross-border infrastructure needs over time, to the
benefit of all system and network operators and users by progressing faster
towards an optimal grid.
– Requirement 2: Entrusting ACER with tasks related to the central scenario
development and infrastructure needs identification will ensure the process and
its outcomes are robust and credible, with similar benefits as Requirement 1.
– Requirement 3: Tasking ACER with updating its Cross-Border Cost
Allocation Recommendation will create a more harmonised cost-sharing
framework improving consistency across Member States and CBCA decisions
and encourage greater involvement of non-hosting Member States, with the
aim to facilitate the use of cost-sharing tools for faster deployment of cross-
border infrastructure projects.
1.3.4. Indicators of performance
Specify the indicators for monitoring progress and achievements.
The indicators for monitoring progress and achievement of the initiative’s objectives
are listed in Annex 8 of the Impact Assessment accompanying the Grids Package.
They include in particular:
– the extent to which projects included in network developments and selected as
PCIs/PMIs address appropriately and effectively identified infrastructure
needs;
– the effective and increased use of cost-sharing tools;
– the simplification of permitting procedures, shortening of permitting lead times
and meeting current deadlines;
EN 5 EN
– the enhanced physical and cyber security and resilience of energy
infrastructure.
As regards the specific objectives which Requirements 1-3 are linked with, the
following indicators apply:
– Indicators for Requirement 1 & 2 (linked to SO1): The number and total
capacity of new cross-border interconnectors approved/implemented; the
extent to which identified infrastructure needs are addressed by infrastructure
projects (capacity) included in the TYNDP (planned, under construction or
commissioned) or other non-wire solutions (presence of the gap between needs
and projects, and decrease of the gap); the uptake of non-wire solutions in
terms of number of projects and respective increase in grid capacity.
– Indicators for Requirement 3 (linked to SO2): The number of binding cost-
sharing agreements enabling the implementation cross-border projects; the
average duration for reaching a cost-allocation agreement; the number of non-
hosting countries contributing to cost-sharing agreements; the number of
projects being as part of bundles being submitted for PCI/PMI status
1.4. The proposal/initiative relates to:
a new action
a new action following a pilot project / preparatory action70
X the extension of an existing action
a merger or redirection of one or more actions towards another/a new action
1.5. Grounds for the proposal/initiative
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative
Requirement 1:
A new provision is introduced requiring the Commission to develop a central
scenario to be used for the Union-wide TYNDP after entry into force of the
Regulation and at least every four years thereafter (Article 11). The Commission
must also develop a methodology for the collection of data from the ENTSO-E,
ENNOH and ENTSO-G and consult the relevant actors on the data collected. The
Commission must also consult the draft central scenario with the TEN-E Group and
adopt and publish the final central scenario. The Commission may also develop
sensitivity analyses to the central scenario if necessary based on market of policy
developments. The Commission will have to follow up on the identified needs in the
relevant regional fora. Within the Commission, these tasks would be attributed to DG
Energy and the JRC.
As regards DG Energy, the new requirement related to the central scenario
development, would necessitate additional resources to manage the scenario
development process which implies a large number of interactions with stakeholders,
Member States, supporting services and partners etc. On the basis of the impact
assessment accompanying this proposal, the execution of these tasks will result in an
70 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.
EN 6 EN
additional workload for DG Energy totalling 6 FTEs. These additional resources
would cover the following needs:
Process steering:
– Coordinate the overall process between ENTSO/TSOs, the Commission and
ACER as required by the TEN-E legislation; Consult with stakeholders and
Member States during the different phases of the process (including hrough
workshopes and meeetings) and appropriate follow-up (as described in Articles
11 to 13).
– Ensure the compatibility of grid scenarios within the overall policy
architecture; Align the scenario design with ongoing policy scenario (e.g.
related to 2040 targets, RED, EE, ETS, etc); Ensure alignment with NECPs and
ERAA; Manage the assessment process of the draft and final infrastructure
needs identification report (carried out by the ENTSOs).
– Coordinate the needs matching process (following the adoption of the
infrastructure needs assessment) with ENTSO-E, TSOs, Member States,
national regulatory authorities and relevant stakeholders and steer the process
with the relevant regional groups. Closely follow the energy system wide cost-
benefit analysis with ENTSOs and ensure propoer implementation including
the inclusions of relevant stakeholders.
– Prepare and draft legal acts and manage the adoption process.
Scenario development and coordination:
– Ensure data collection with Member States, ENTSO-E, ENTSO-G, ENNOH,
NRAs, and other stakeholders. Maintain repositories and ensure data quality
process.
– Coordination of the assessment work. This will include all steps of the
modelling process, i.e. ensuring data availability, setting critical assumptions,
reviewing and quality controlling draft modelling results, following up on work
plan and planning the interaction of modellers/analysts with relevant
stakeholders.
– Document the different steps of the modelling exercise and disseminate the
reports and data sets. The documentation will include methodology, data, key
assumptions, results in different formats: reports, data files, online resources.
As regards the JRC, they would be tasked with supporting DG Energy in the central
scenario development as well as executing the modelling. Data collection from
Member States and TSOs for electricity, gas and hydrogen modelling will be the
responsibility of DG ENER with support from the JRC. On the basis of the impact
assessment this is expected to result in new workload for JRC totalling 12 FTEs.
– Working with DG Energy and providing technical and policy expertise in
developing the methodology for the central scenario modelling as well as
supporting DG Energy with the necessary data collection from the ENTSO-E,
ENNOH and ENTSO-G.
– Energy system modelling: Construct scenarios and sensitivities; Data
management required for the energy system modelling;
– Electricity modelling: Electricity dispatch modelling of the scenarios; Power
flow calculations; Data management required for the electricity modelling
EN 7 EN
– Gas and hydrogen modelling: Updating the long-term expectations for gas and
hydrogen; Gas market and network modelling of the scenarios; Modelling of
gas/hydrogen flows; Data modelling included for gas/hydrogen modelling;
Data management required for gas and hydrogen modelling.
Overall, it is estimated that the proposal will result in new workload for the
Commission totalling 18 FTEs for (6 FTEs for DG Energy and 12 FTEs for JRC, of
which 4 redeployed from its current resources and 9 financed via an administrative
agreementI). In addition, EUR 1 million in one-off operational costs and 500,000 in
recurrent, annual operational costs would be required for technical updates,
extensions and maintenance of the electricity, gas and hydrogen models, for
modelling of targets, NECPs and energy mixes, as well as organisation of workshops
and missions.
ACER
Requirement 2:
ACER is tasked with supporting as well as verifying the all input data collected by
the Commission as part of the central scenario development (Article 11). In addition,
ACER is required to develop a binding methodology for the identification of
infrastructure needs (Article 12) and assess the compliance of the draft infrastructure
needs identification developed and submitted by ENTSO-E and ENNOH, with the
developed framework methodology and report to the TEN-E Group. ACER is also
required to update the framework methodology when necessary on its own initiative
or upon the request of the Commission
The execution of these new tasks is estimated to result in an additional workload for
ACER totalling 2 FTE. In addition, ACER would have operational expenditures
including consultancy support for the development of the infrastructure needs
methodology, the development of an IT tool to facilitate data verification and
overheads, with estimated one-off cost of EUR 130 000 as well as recurrent
operational costs of EUR 100 000 per year.
Requirement 3:
ACER is required to adopt a Cross-Border Cost Allocation Recommendation,
identifying good practices for the treatment of investment requests for PCIs, taking
into account the principles in the TEN-E Regulation (Article 17). That
recommendation shall be regularly updated as necessary. In adopting or amending
the recommendation, ACER shall carry out an extensive consultation process,
involving all relevant stakeholders. That recommendation shall also include a non-
binding cross-border cost-allocation template to facilitate the work of national
regulatory agencies.
The development and adoption of a Cross-Border Cost Allocation Recommendation
a\s well as the maintenance of a repository of CBCA Decisions is estimated to result
in an additional workload for ACER totalling 1 FTE as well as an estimated one-off
cost of EUR 70 000 for the development of the IT tool for the repository of CBCA
decisions.
For DG Energy and, JRC and ACER, the requirements above to implementation of
the legislative proposal extend beyond the current 2021-2027 MFF.
1.5.2. Added value of EU involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
EN 8 EN
the purposes of this section 'added value of EU involvement' is the value resulting
from EU action that is additional to the value that would have been otherwise
created by Member States alone.
Please see Explanatory Memorandum sections on subsidiarity and proportionality.
1.5.3. Lessons learned from similar experiences in the past
The evaluation of the previous TEN-E Regulation showed that it effectively
improved integration of Member States’ networks, stimulated energy trade and hence
contributed to Union competitiveness. PCIs have also strongly contributed to security
of supply as a main contextual driver to the design of the TEN-E Regulation.
Following its evaluation in 2020, the TEN-E Regulation was revised in 2022. The
Implementation Report annexed to the Impact Assessment analyses lessons learned
from the implementation of the revised TEN-E Regulation. The Implementation
Report provides evidence of the need for further improvements, namely when it
comes to scenario development, infrastructure needs identification and consequent
TYNDP, PCI/PMI project selection and assessment, as well as CBCA and permitting
frameworks.
1.5.4. Compatibility with the multiannual financial framework and possible synergies with
other appropriate instruments
This Grids Package is a key deliverable under the Clean Industrial Deal and the
Action Plan for Affordable Energy, which are part of the 2025 Commission Work
Program. The proposal is complementary to other initiatives that aim to create a
more integrated European energy market and lower energy costs for households and
industries. Energy infrastructure is also crucial to achieve the proposed 2040 EU
climate target, and to the EU’s objective of achieving climate neutrality by 2050.
The Commission proposal for the new Multiannual Financial Framework (MFF)
2028-2034 highlights “the vital importance of a genuine Energy Union and well-
integrated EU infrastructure networks”, which is reflected in a substantially increased
budget proposed for the Connecting Europe Facility (CEF) for Energy. The TEN-E
Regulation provides the basis for energy infrastructure projects funded under CEF.
1.5.5. Assessment of the different available financing options, including scope for
redeployment
The Impact Assessment report acompanying this proposal analysed different policy
options to achieve the initiative’s general and specific objectives. The preferred
policy option which is pursued through this legislative proposal, was considered the
most effective and cost-efficient approach and in line with the subsidiarity and
proportionality principles.
DG Energy, JRC and ACER are considered best placed to execute the additional
requirements stemming from the legislative proposal due to their previous
experiences with the infrastructure planning process and energy system modelling.
DG Energy has developed significant experience in the infrastructure planning and
coordination process since the TEN-E Regulation was first adopted in 2013. It is
therefore best suited to coordinate the infrastructure needs identification and gap
filling mechanisms at EU-level in an impartiall manner. The JRC has significant
technical knowledge in energy system modelling and has developed its own
EN 9 EN
modelling tools. It is therefore considered best placed to conduct the modelling tasks
linked to the central scenario development.
Due to its mandate, ACER is best placed to implement requirements 1 & 2. It has
developed substantial technical expertise as a key actor with a formal role in both the
infrastructure planning process and the cross-border cost allocation framework at
EU-level under the current TEN-E framework
The additional FTEs are needed for new tasks/requirements ensuing from this
legisltive proposal, while existing tasks will not decrease in the foreseeable future.
EN 10 EN
1.6. Duration of the proposal/initiative and of its financial impact
limited duration
– in effect from [DD/MM]YYYY to [DD/MM]YYYY
– financial impact from YYYY to YYYY for commitment appropriations and
from YYYY to YYYY for payment appropriations.
unlimited duration
– Implementation with a start-up period from YYYY to YYYY,
– followed by full-scale operation.
1.7. Method(s) of budget implementation planned
Direct management by the Commission
– by its departments, including by its staff in the Union delegations;
– by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
– third countries or the bodies they have designated
– international organisations and their agencies (to be specified)
– the European Investment Bank and the European Investment Fund
– bodies referred to in Articles 70 and 71 of the Financial Regulation
– public law bodies
– bodies governed by private law with a public service mission to the extent that
they are provided with adequate financial guarantees
– bodies governed by the private law of a Member State that are entrusted with
the implementation of a public-private partnership and that are provided with
adequate financial guarantees
– bodies or persons entrusted with the implementation of specific actions in the
common foreign and security policy pursuant to Title V of the Treaty on
European Union, and identified in the relevant basic act
– bodies established in a Member State, governed by the private law of a
Member State or Union law and eligible to be entrusted, in accordance with
sector-specific rules, with the implementation of Union funds or budgetary
guarantees, to the extent that such bodies are controlled by public law bodies or
by bodies governed by private law with a public service mission, and are provided
with adequate financial guarantees in the form of joint and several liability by the
controlling bodies or equivalent financial guarantees and which may be, for each
action, limited to the maximum amount of the Union support.
Comments
N.A.
EN 11 EN
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
DG Energy and the JRC
The tasks directly implemented by DG Energy will follow the annual cycle of
planning and monitoring, as implemented in the Commission and the executive
agencies, including reporting the results through the Annual Activity Report of DG
ENER and the Annual Activity Report of the JRC.
ACER
According to its financial regulation, ACER has to provide, in the context of its
Programming Document, an annual Work Programme including details on resources,
both financial and human, per each of the activities carried out.
ACER reports monthly to DG Energy on budget execution, including commitments,
and payments by budget title, and vacancy rates by type of staff.
In addition, DG Energy is directly represented in the governance bodies of ACER.
Through its representatives in the Administrative Board, DG Energy will be
informed of the use of the budget and the establishment plan at each of its meetings
during the year.
Finally, also in line with financial rules, ACER is subject to annual requirements for
reporting on activities and the use of resources through the Administrative Board and
its Annual Activity Report.
2.2. Management and control system(s)
2.2.1. Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed
Requirement 1:
The tasks under Requirement will be assigned to the Commission.
Subject to decision taken during the implementation, these tasks may be carried out
internally or outsourced to a service provider, via a public procurement procedure. In
the case the tasks are procured from a service provider, the procurement will be
implemented under direct management, in full application of the provisions of the
Financial Regulation. The control strategy for procurements in DG Energy and the
JRC includes specific ex-ante legal, operational and financial controls on the
procurement procedure (review by the advisory committee for procurement and
contracts) as well as on the signature of contracts. In addition, expenditure made to
procure goods and services is subject to ex ante and, when necessary, ex-post and
financial controls.
Requirements 2 & 3:
Due to its mandate, ACER is best placed to establish expertise related to the
implementation of requirements 4 and 3.
DG Energy established a control strategy for managing its relations with ACER, part
of the 2017 Internal Control Framework of the Commission. The Agency revised and
adopted its own Internal Control Framework in December 2018.
EN 12 EN
2.2.2. Information concerning the risks identified and the internal control system(s) set up
to mitigate them
DG Energy
The elements directly managed by DG Energy may be subject to the usual risks
affecting public procurement procedures. These risks are considered low level as
regards legality and regularity of the expenditure. Appropriate and effective controls
are in place at corporate and DG level.
Concerning performance, the main risk are wrong estimates as regards the workload
created by this proposal, given that it introduces new tasks. This risk needs to be
accepted, since, as experience has shown, if additional resources needs are not
included in the initial proposal, it is very difficult to remedy this situation later on.
DG JRC
As part of the risk assessment process for its scientific activities, the JRC identifies
potential risks, evaluates their level and plans necessary mitigating actions and
identifies existing controls. The key risk identified refers to a) the estimation of the
related workload for the new tasks associated to this proposal (the workload for some
of the tasks might be underestimated); b) insufficient quantity or quality of the data
to support the various new tasks. For a) the risk needs to be accepted; mitigation
measures include careful staff planning throughout the duration of the activities to
ensure appropriate expertise. For b) the actions include an early participation in
designing and framing the data collection processes, as well as early identification,
within each task requiring data intense activities, of the potential barriers to get
access to the data of interest and early communication with DG ENER and relevant
stakeholders to raise the issue of data availability.
ACER
As regards new tasks for ACER, the proposal includes several new tasks which
mitigates this risk, since while the workload of some future tasks may be
underestimated, others may be overestimated, providing scope for possible future
redeployment.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between
the control costs and the value of the related funds managed), and assessment of the
expected levels of risk of error (at payment & at closure)
DG Energy
The tasks assigned for DG Energy will be implemented following already existing
control system and the cost of control ratio is expected to remain stable (5 to 6% of
the funds managed based on recent exercises).
ACER
The allocation of additional tasks for the existing mandate of ACER is not expected
to generate specific additional controls at Agency level, therefore, the ratio of control
costs over value of funds managed will remain unaltered for ACER.
2.3. Measures to prevent fraud and irregularities
DG Energy
EN 13 EN
DG Energy adopted a revised Anti-fraud Strategy in 2020 and, in 2023, a revised
action plan covering the years 2023-2025. DG Energy is is currently revising its AFS
for the years 2026-2028, in accordance with the OLAF methodology. The Energy
AFS are based on the Commission Antifraud Strategy and on a specific risk
assessment carried out internally to identify the areas most vulnerable to fraud, the
controls already in place and the actions necessary to improve DG Energy’s capacity
to prevent, detect and correct fraud.
DG JRC
The JRC Anti-Fraud Strategy, along with its accompanying Action Plan, was
adopted in 2020 and modified in 2024 to revise and update the plan for the period
2025-2027. The updated plan includes three new actions: an awareness-raising
campaign focusing on Commission ethics issues and anti-fraud measures, with
relevant examples tailored for JRC scientific staff, launched in the first half of 2025;
an expanded training programme featuring thematic sessions on topics such as
conflict of interest, authorship, the use of AI, whistleblowing and reporting channels,
among others; updated Sharepoint pages dedicated to ethics issues and anti-fraud
measures. These new actions complement the ongoing efforts from the 2021-2024
Action Plan and JRC participation in the Commission Antifraud Strategy Action
Plan. The JRC values its cooperation with OLAF, the internal control team, and other
stakeholders in our collective efforts to combat fraud.
ACER
ACER applies the anti-fraud principles of decentralised EU Agencies, in line with
the Commission approach and the Guidelines by OLAF of 2024 for decentralised
agencies and JUs. In December 2024 the Agency adopted a new Anti-Fraud Strategy,
repealing Decision 15/2021 of the Administrative Board of the Agency. The new
strategy, spanning the period 2025-2027, is based on the following strategic
objectives: optimise existing fraud prevention measures, enhance timeliness and
accuracy of existing detection systems, strengthen investigation protocols, and
optimise corrective actions for swift recoveries.
EN 14 EN
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 71
3.1. Heading(s) of the multiannual financial framework and expenditure budget
line(s) affected
• Existing budget lines
In order of multiannual financial framework headings and budget lines.
Heading of
multiannual
financial
framework
Budget line Type of
expenditure Contribution
Number
Diff./Non-
diff.72
from
EFTA
countries 73
from
candidate
countries
and
potential
candidates 74
From
other
third
countries
other assigned
revenue
01
02.03.02 Connecting Europe Facility –
Energy
Diff. NO NO NO NO
01 02.01.22.01 Support expenditure for
Connecting Europe Facility – Energy Non-diff. NO NO NO NO
01
02.10.06 European Union Agency for the
Cooperation of Energy Regulators
Diff. YES NO NO NO
71 Though this LFDS covers only the 2021-2027 MFF, the proposal is expected to have financial impact
beyond 2027, 72 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 73 EFTA: European Free Trade Association. 74 Candidate countries and, where applicable, potential candidates from the Western Balkans.
EN 15 EN
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations75
– The proposal/initiative does not require the use of operational appropriations
– X The proposal/initiative requires the use of operational appropriations, as explained below
3.2.1.1. Appropriations from voted budget
EUR million (to three decimal places)
Heading of multiannual financial framework Number 01
DG: ENER
Year Year Year
Year TOTAL
MFF
2021-
2027
POST
2027 2024 2025 2026
2027
Operational appropriations
Budget line: 02.03.02 Connecting Europe Facility – Energy Commitments (1a) 4.232 4.23276 6.732
Payments (2a) 3.232 3.232 7.732
Appropriations of an administrative nature financed from the envelope of specific programmes
Budget line 02.01.22.01 Support expenditure for Connecting Europe Facility -
Energy (3)
0,428 0,428 2,996
TOTAL appropriations
for DG Energy77
Commitments =1a+1b+3 0.000 0.000 0.000 4,660 4,660 9,728
Payments =2a+2b+3 0.000 0.000 0.000 3,660 3,660 10,728
JRC Year Year Year
Year TOTAL
MFF
2021-
POST
2027 2024 2025 2026 2027
75 The post-2027 amounts are indicative and do not prejudge the outcome of the ongoing negotiations on the next MFF. 76 A part of the operational appropriations under the Connecting Europe Facility will be dedicated to an Administrative Agreement with the JRC for the 9 FTEs (CA) as
indicated in Section 1.5.1 77
EN 16 EN
2027
Operational appropriations
N/A Commitments (1a)
Payments (2a)
Appropriations of an administrative nature financed from the envelope of specific programmes
Budget line 01 01 01 11 Expenditure related to officials and temporary staff
implementing Horizon Europe — Direct research (3)
0,754 0,754 5,278
TOTAL appropriations
for JRC78
Commitments =1a+1b+3 0.000 0.000 0.000 0,754 0,754 5,278
Payments =2a+2b+3 0.000 0.000 0.000 0,754 0,754 5,278
EUR million (to three decimal places)
[Agency]: European Union Agency for the Cooperation of Energy Regulators (ACER) Year
2024
Year
2025
Year
2026
Year
2027
TOTAL
MFF
2021-2027
Post 2027
Budget line: 02.10.06 European Union Agency for the Cooperation of Energy
Regulators / EU Budget contribution to the agency 0.327 0.327 3.320
The appropriations / EU budget contribution to the agency will be compensated by a reduction of the envelope of the following
programme Connecting Europe Facility - Energy/ budget line: 02.03.02 / in the year(s): 2027.
The appropriations allocated in the next MFF should be integrated into the Agency’s subsidy due to the permanent nature of the tasks
allocated by this proposal and will be compensated, if relevant, by an equivalent reduction of a relevant programme envelope under the
same MFF heading, without prejudice to its future agreement. If a compensatory reduction is needed, the resources allocated to the
Agency will need to be revised.
Year Year Year Year TOTAL MFF
2021-2027
POST 2027
2024 2025 2026 2027
• TOTAL operational appropriations (all
operational headings)
Commitments (4) 0,000 0,000 0,000 4,559 4,559 10,052
Payments (5) 0,000 0,000 0,000 3,559 3,559 11,052
78 Estimates based on average staff costs applicable as from 2026 and corresponding to four officials in the relevant category to be redeployed within JRC.
EN 17 EN
• TOTAL appropriations of an administrative nature financed
from the envelope for specific programmes (all operational
headings)
(6) 0.000 0.000 0,000 1,182 1,182 8,274
TOTAL appropriations under
Headings 1 to 6 Commitments =4+6 0,000 0,000 0,000 5,741 5,741 18,326
of the multiannual financial framework
(Reference amount) Payments =5+6 0.000 0.000 0.000 4,741 4,741 19,326
Heading of multiannual financial framework 7 ‘Administrative expenditure’
DG: ENER Year Year Year Year TOTAL
MFF 2021-
202779
POST
2027 2024 2025 2026 2027
Human resources 0,000 0,000 0,000 0,376 0,376 2,632
Other administrative expenditure 0,000 0,000 0,000 0,012 0,012 0,084
TOTAL DG ENER 0,000 0,000 0,000 0,000 0,388 0,388 2,716
EUR million (to three decimal places)
Year Year Year Year TOTAL POST 2027
79 This administrative expenditure is to be continued in the next MFF.
TOTAL appropriations
under HEADING 7
of the multiannual financial framework
(Total
commitments
= Total
payments)
0,000 0,000 0,388 0,388 2,716
EN 18 EN
2024 2025 2026 2027 MFF 2021-
2027
TOTAL appropriations under HEADINGS 1 to 7 Commitments 0.000 0.000 0.000 6,129 6,129 21,042
of the multiannual financial framework Payments 0.000 0.000 0.000 5,129 5,129 22,042
3.2.2. Estimated output funded from operational appropriations
Commitment appropriations in EUR million (to three decimal places)
Indicate
objectives and
outputs
Year 2024
Year 2025
Year 2026
Year 2027
Enter as many years as necessary to show the
duration of the impact (see Section 1.6) TOTAL
OUTPUTS
Type80
Avera
ge
cost
N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost Total
No
Total
cost
SPECIFIC OBJECTIVE No 181…
- Output
- Output
- Output
Subtotal for specific objective No 1
SPECIFIC OBJECTIVE No 2 ...
- Output
Subtotal for specific objective No 2
80 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 81 As described in Section 1.3.2. ‘Specific objective(s)’
EN 19 EN
TOTALS
EN 20 EN
3.2.3. Summary of estimated impact on administrative appropriations
– The proposal/initiative does not require the use of appropriations of an
administrative nature
– X The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below
3.2.3.1. Appropriations from voted budget
VOTED APPROPRIATIONS Year Year Year Year TOTAL
2021 -
2027
POST
2027 2024 2025 2026 2027
HEADING 7
Human resources 0,000 0,000 0,000 0,376 0,376 2,632
Other administrative expenditure 0,000 0,000 0,000 0,012 0,012 0,084
Subtotal HEADING 7 0,000 0,000 0,000 0,388 0,388 2,716
Outside HEADING 7
Human resources 0.000 0.000 0.000 1,910 1,910 13,370
Other expenditure of an administrative nature 0.000 0.000 0.000 0,024 0,024 0,168
Subtotal outside HEADING 7 0.000 0.000 0.000 1,934 1,934 13,538
TOTAL 0.000 0.000 0.000 2,322 2,322 16,254
3.2.3.2. Total appropriations
TOTAL
VOTED APPROPRIATIONS
+
EXTERNAL ASSIGNED REVENUES
Year Year Year Year TOTAL
2021 -
2027
POST
2027
2024 2025 2026 2027
HEADING 7
Human resources 0,000 0,000 0,000 0,376 0,376 2,632
Other administrative expenditure 0,000 0,000 0,000 0,012 0,012 0,084
Subtotal HEADING 7 0,000 0,000 0,000 0,388 0,388 2,716
Outside HEADING 7
Human resources 0,000 0,000 0,000 1,910 1,910 13,370
Other expenditure of an administrative nature 0,000 0,000 0,000 0,024 0,024 0,168
Subtotal outside HEADING 7 0,000 0,000 0,000 1,934 1,934 13,370
TOTAL 0,000 0,000 0,000 2,322 2,322 16,254
The appropriations required for human resources under H7 and other expenditure of an administrative
nature will be met by appropriations from the DG that are already assigned to management of the
action and/or have been redeployed within the DG, together, if necessary, with any additional
allocation which may be granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints.
3.2.4. Estimated requirements of human resources
– The proposal/initiative does not require the use of human resources
EN 21 EN
– X The proposal/initiative requires the use of human resources, as explained below
3.2.4.1. Financed from voted budget1
Estimate to be expressed in full-time equivalent units (FTEs)
VOTED APPROPRIATIONS Year Year Year Year Post
2024 2025 2026 2027 2027
Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation Offices) 0 0 0 2 2
20 01 02 03 (EU Delegations) 0 0 0 0
01 01 01 01 (Indirect research) 0 0 0 0
01 01 01 11 (Direct research) 0 0 0 4 4
Other budget lines (specify) 0 0 0 0
• External staff (in FTEs)
20 02 01 (AC, END from the ‘global envelope’) 0 0 0 0
20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0
Admin. Support
line
[XX.01.YY.YY]
- at Headquarters 0 0 0 0
- in EU Delegations 0 0 0 0
01 01 01 02 (AC, END - Indirect research) 0 0 0 0
01 01 01 12 (AC, END - Direct research) 0 0 0 0
Other budget lines (specify) - Heading 7 0 0 0 0
Other budget lines (02 01 22 01 Support expenditure for CEF-E ) - Outside Heading 7
0 0 0 4 4
TOTAL 0 0 0 10 10
3.2.4.2. Total requirements of human resources
TOTAL VOTED APPROPRIATIONS +EXTERNAL
ASSIGNED REVENUES
Year Year Year Year Post
2024 2025 2026 20272 2027
Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation
Offices) 0 0 0 2 2
20 01 02 03 (EU Delegations) 0 0 0 0
01 01 01 01 (Indirect research) 0 0 0 0
01 01 01 11 (Direct research) 0 0 0 4 4
Other budget lines (specify) 0 0 0 0
• External staff (in full time equivalent units)
20 02 01 (AC, END from the ‘global envelope’) 0 0 0 0
20 02 03 (AC, AL, END and JPD in the EU Delegations) 0 0 0 0
1 Because the additional FTEs will cover new tasks assigned to the Commission, there are currently not
FTEs that are already assigned to the management of the action or that can be redeployed within the DG
as far as DG Energy is concerned. 2 As indicated earlier, the proposal has an unlimited duration and the resource needs will extend beyond
2027 also under the 2028-2034 MFF.
EN 22 EN
Admin. Support
line
[XX.01.YY.YY]
- at Headquarters 0 0 0 0
- in EU Delegations 0 0 0 0
01 01 01 02 (AC, END - Indirect research) 0 0 0 0
01 01 01 12 (AC, END - Direct research) 0 0 0 0
Other budget lines (specify) - Heading 7 0 0 0 0
Other budget lines (02 01 22 01 Support expenditure for CEF-E ) -
Outside Heading 7 0 0 0 4 4
TOTAL 0 0 0 10 10
Current staff
available in the
Commission
services
Additional staff*
To be financed
under Heading
7 / Research
To be financed
from BA line
To be financed
from fees/
Establishment plan
posts
4 DG JRC
(redeployment)
2 DG ENER
0 0 0
External staff (CA,
SNEs, INT)
0 4 CA DG ENER
Description of tasks to be carried out by:
Officials and temporary staff DG Energy: The 2 additional officials requested for DG Energy would be
tasked with overseeing, steering and coordinating the new tasks of DG Energy
related to central scenario development (please see section 1.5.1 above). These
tasks pertain to process steering (including effective coordination of
stakeholder eco-syste, compatibility of grid scenarios with overall policy
architecture, coordination of new infrastructure needs matching process and
the preparation of legal acts), as well as scenario development and
coordination (including overseeing data collection, coordination of the
assessment work, and overseeing and documenting the modelling process).
External staff DG Energy: The 4 additional Contract Agents requested for DG Energy
would be tasked with central scenario development, supporting the 2 officials
assinged to oversee and steer this work. The Contract Agents would execute
tasks related to process steering and scenario development and coordination
(please see section 1.5.1 above).
3.2.5. Overview of estimated impact on digital technology-related investments
Compulsory: the best estimate of the digital technology-related investments entailed
by the proposal/initiative should be included in the table below.
Exceptionally, when required for the implementation of the proposal/initiative, the
appropriations under Heading 7 should be presented in the designated line.
EN 23 EN
The appropriations under Headings 1-6 should be reflected as “Policy IT expenditure
on operational programmes”. This expenditure refers to the operational budget to be
used to re-use/ buy/ develop IT platforms/tools directly linked to the implementation
of the initiative and their associated investments (e.g. licences, studies, data storage
etc). The information provided in this table should be consistent with details
presented under Section 4 “Digital dimensions”.
TOTAL Digital and IT appropriations
Year Year Year Year TOTAL
MFF
2021 -
2027
TOTAL
MFF
post-2027
2024 2025 2026 2027
HEADING 7
IT expenditure (corporate) 0.000 0.000 0.000 0.000 0.000
Subtotal HEADING 7 0.000 0.000 0.000 0.000 0.000
Outside HEADING 7
Policy IT expenditure on operational programmes
0.000 0.000 0.000 1,120 1,120 3,500
Subtotal outside HEADING 7 0.000 0.000 0.000 1,120 1,120 3,500
TOTAL 0.000 0.000 0.000 1,120 1,120 3,500
3.2.6. Compatibility with the current multiannual financial framework
The proposal/initiative:
– X can be fully financed through redeployment within the relevant heading of the
multiannual financial framework (MFF)
Redeployment would be required within the CEF-E budget line to finance the
operational expenditure for 2027.
Inter-DG redeployment could be required to provide for the 2 officials requested for
DG Energy to execute the tasks under Requirement 1 described in section 1.5.1.
– requires use of the unallocated margin under the relevant heading of the MFF
and/or use of the special instruments as defined in the MFF Regulation
– requires a revision of the MFF
3.2.7. Third-party contributions
The proposal/initiative:
– X does not provide for co-financing by third parties
– provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
Year 2024 Year 2025 Year 2026 Year 2027 Total
Specify the co-financing body
TOTAL appropriations co-
financed
EN 24 EN
3.2.8. Estimated human resources and the use of appropriations required in a
decentralised agency
Staff requirements (fulll-time equivalent units)
Agency: ACER Year 2024 Year 2025 Year 2026 Year 2027 Post 2027
Temporary agents (AD Grades) 1 1
Temporary agents (AST grades)
Temporary agents (AD+AST) subtotal 0 0 0 1 1
Contract agents 1 2
Seconded national experts
Contract agents and seconded national
experts subtotal 0 0 0 1 2
TOTAL staff 0 0 0 2 3
Appropriations covered by the EU budget contribution in EUR million (to three decimal places)
Staff expenditure to be adapted to the planned recruitment month (if recruitment occurs in July,
only 50 % of the average cost is taken into account).
Agency: ACER Year 2024 Year 2025 Year 2026 Year 2027
TOTAL
2021 -
2027
POST
20273
Title 1: Staff expenditure 0.127 0.127 2.546
Title 2: Infrastructure and operating
expenditure
Title 3: Operational expenditure 0.200 0.200 0.773
TOTAL of appropriations covered by
the EU budget 0.000 0.000 0.000 0.327 0.327 3.320
Overview/summary of human resources and appropriations (in EUR million) required by the
proposal/initiative in a decentralised agency
Agency: ACER Year 2024 Year 2025 Year 2026 Year 2027
TOTAL
2021 -
2027
Post 2027
3 Figure for the entire MFF 2028-2034
EN 25 EN
Temporary agents (AD+AST) 0 0 0 1 1 1
Contract agents 0 0 0 1 1 2
Seconded national experts 0 0 0 0 0 0
Total staff 0 0 0 2 2 3
Appropriations covered by the EU budget 0.000 0.000 0.000 0.327 0.327 3.320
Appropriations covered by fees
(if applicable) 0.000 0.000 0.000 0.000 0.000 0.000
Appropriations co-financed
(if applicable) 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL appropriations 0.000 0.000 0.000 0.327 0.327 3.320
EN 26 EN
3.3. Estimated impact on revenue
– X The proposal/initiative has no financial impact on revenue.
– The proposal/initiative has the following financial impact:
– on own resources
– on other revenue
– please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
Budget revenue line:
Appropriations
available for the
current financial
year
Impact of the proposal/initiative4
Year 2024 Year 2025 Year 2026 Year 2027
Article ………….
For assigned revenue, specify the budget expenditure line(s) affected.
n.a
Other remarks (e.g. method/formula used for calculating the impact on revenue or
any other information).
4. DIGITAL DIMENSIONS
4.1. Requirements of digital relevance
Requirements of digital relevance in the proposal:
Requirement 1 (R1) relates to scenario development processes and infrastructure needs
identification, which should consider the potential use of digital and smart solutions next to
physical grid development already in the modelling part of the network development
planning. As a related requirement, transmission system operators in electricity are required
to consider with priority non-wire and digital solutions when proposing new infrastructure
projects, with such requirements applicable on a European level (as part of the EU-wide
ten-years network development plan) as well as on a national level (national network
development plans on a transmission level). This will help ensuring maximum efficiency in
grid development and also incentivise use of digital solutions in practice.
This requirement applies for EU institutions responsible for the modelling process, Member
States, bodies representing transmission system operators on a European level (ENTSO for
Electricity, ENTSO for Gas and ENNOH) as well as to transmission system operators on a
national level.
Requirement 2 (R2) relates to introduction of a new non-wire and digital transmission
category for Projects of Common Interest. Such category aims to provide better incentives
for use of grid enhancing and digital technologies by transmission system operators, to
increase efficiency of grid utilisation and increase cross-border transmission capacity.
When applying for the new category, transmission system operators are required to submit
data related to technical characteristics of proposed digitalisation systems as well as
4 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 20 % for collection costs.
EN 27 EN
expected impacts on the transmission system operation. ENTSO for Electricity, as a body
proposed for calculating the costs and benefits of new projects, would be responsible for
processing related data.
Requirement 3 (R3) relates to the permitting application procedure for projects on the
Union list of projects of common interest and of projects of mutual interest. Member States’
national competent authority must be able to receive permitting applications and all relevant
documents in digital format (Article 8). Under the proposal, Member States are required to
ensure a digital platform is available at national level to manage steps of the permit of the
permit-granting procedure (including permitting applications, permitting processes,
ongoing permitting decisions) and make available decisions issued in an easily accessible
format (Article 10 (4)). This should contribute to more uniform digitalisation and
transparency across different permitting authorities in Member States and ultimately speed
up permitting.
This will be on top of the obligation on MS that all decisions are to be issued in an easily
accessible format.
4.2. Data
For Requirement 1: The requirement relates to existing data collection for purposes of grid
modelling and scenario development and may lead to new data being collected on future
use of digital technologies and their potential. While assumptions on potential of such
technologies exist in literature, Member States’ data are currently not publicly available and
are not collected for the same purpose (once-only principle has been duly followed).
Transmission system operators will start assessing flexibility needs assessment pursuant to
Regulation (EU) 2019/943 as of 2026 and some of the data being used can also be used for
purposes of grid planning. However, the span of the former is only 10 years, while Union-
wide grid planning covers upcoming 10-20 years. In this regard, data collection seems
inevitable to ensure full coverage. Secondary legislation on concrete format of data will
ensure existing collections for the purposes of Flexibility Needs Assessments are taken into
account to avoid any duplication in requirements. Regarding the data flow, data are
provided by transmission system operators, regulatory authorities and Member States to the
Commission based on rule to be adopted via secondary legal acts. Additional data for grid
modelling, if necessary, are to be provided by transmission system operators directly to the
ENTSO for electricity.
For Requirement 2: Data related to submission of application for the Project of Common
Interest are unique for each project and hence must be collected at time of submission of
the application (once-only principle hence fully complied to). Such data relate to scope of
the project, financial estimates, technologies used, location, impact on environment and
power grid, etc. Data will be submitted by project promoters (mostly transmission system
operators) to the ENTSO for Electricity and the European Commission for the purpose of
assessing costs and benefits under the evaluation processes for Projects of Common
Interest.
For Requirement 3: The digital platforms which Member States would be required to set up
would store all data necessary for a complete permit or permits for projects of common
interest and projects of mutual interest. These are personal data with connection to the
applicant whether a natural or legal person, the characteristics of the project and all
necessary supporting documents.
EN 28 EN
4.3. Digital solutions
4.4. Interoperability assessment
For Requirement 1: Platform related to requirement 1 relates to grid modelling and scenario
modelling for future infrastructure development. ENTSO for Electricity already uses such
platform, hence new requirement relates to upgrade of the platform to process more data.
Regarding European Commission role in the scenario modelling process, data will be used
in existing models, hence no new requirements to establish a separate platform are
stipulated by changes.
For Requirement 2: This requirement should not lead to establishment of new platforms of
systems for processing the data, as the PCI selection process is well established and the aim
is to broaden the scope of categories (while keeping the principles for the assessment, using
existing systems for processing applications and calculating costs and benefits).
For Requirement 3: The digitalisation and centralisation of permitting procedures will be
facilitated by the digital platforms which Member States would be required to set up. By
centralising this data, we expect to simplify procedures and prevent the duplication of the
same data in different platforms. In the recitals, the Commission urges that the portal
should present features, including by means of artificial intelligence, allowing the single
contact point, other authorities and applicants to check the status of the application and
where delays are, as well as check compliance with the permitting deadlines. In addition, it
should allow for the extraction of statistics to check the overall progress of permitting-
granting procedures in Member States. The portal should facilitate the duties of the single
contact point who should have access to all relevant data and information.
Requirements 1 and 2 do not require interaction across Member State borders as the aim is
to feed data for evaluations at the EU level, in a centralized way. They are also not related
to cross-border interoperability as the data exchanged are on future estimates of project
development, not on existing data flows related to operation of the system (which are
already exchanged via other TSO cooperation platforms). There is an expectation that data
will be shared only once, i.e. either to the ENTSO for Electricity (which will consequently
share them with the Commission), or with the Commission directly (in case identical data
are not needed by the ENTSO for Electricity). Information is exchanged via data files – not
via mutual linking of two platforms.
Requirement 3 does not require interaction across Member State borders, among EU
entities or between EU entities and public sector bodies. It also does not have an effect on
cross-border inter-operability as the data is of relevance for national, rather than EU-level
decision-making procedures. A centrally defined data structure has been considered and
discarded, since due to the mostly national character of the biggest percentage of the
permitting procedures in each MS and the different permitting systems, it is logical that the
actual decision on format for the implementation is left to MS, which can decide what fits
best to their system and the new digital platform they will set up. While TEN-E Regulation
requires national competent authorities in charge of permitting to cooperate in cross border
projects to the extent possible, it gives Member States the freedom to decide on the most
appropriate way to do so. Since part of the data in question may also be required and
assessed for procedures related with projects not covered unde TEN-E regulation, it will
also be proposed that these platforms are set up as multi-purpose platform that covers the
EN 29 EN
4.5. Measures to support digital implementation
permitting of a wide range of energy asets (grids,pipelines, renewables, storage, etc).
The public services affected by these suggestions would be all national authorities involved
in the permitting of energy assets, e.g. energy ministry and/or agencies, municipal/local
administration and environmental authorities. Administrative bodies or entities responsible
for opinion or approval on projects afecting spatiall planning and cultural heritage sites
would also be affected.
Measures relate to Requirement 2, i.e. introduction of a new non-wire and digital
transmission category for Projects of Common Interest. Such category aims to provide
better incentives for use of grid enhancing and digital technologies by transmission system
operators, to increase efficiency of grid utilisation and increase cross-border transmission
capacity. Such investment, if granted a status of a Project of Common Interest, would
benefit from accelerated permitting and if fulfilling all necessary conditions, may apply for
a funding from Connecting Europe Facility. These measures should support implementation
of digital platforms within EU transmission and distribution grids.
EN EN
EUROPEAN COMMISSION
Brussels, 10.12.2025
COM(2025) 1006 final
ANNEXES 1 to 7
ANNEXES
to the
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
on guidelines for trans-European energy infrastructure, amending Regulations (EU)
2019/942, (EU) 2019/943, and (EU) 2024/1789 and repealing Regulation (EU) 2022/869
{SEC(2025) 2000 final} - {SWD(2025) 2000 final} - {SWD(2025) 2001 final}
EN 1 EN
ANNEX I
ENERGY INFRASTRUCTURE PRIORITY CORRIDORS AND AREAS
(as referred to in Article 1(1))
This Regulation shall apply to the following trans-European energy infrastructure priority
corridors and areas:
1. PRIORITY ELECTRICITY CORRIDORS
(1) North-South electricity interconnections in Western Europe (NSI West Electricity):
interconnections between Member States of the region and with the Mediterranean
area including the Iberian peninsula, in particular to integrate electricity from
renewable energy sources, reinforce internal grid infrastructures to foster market
integration in the region and to end isolation of Ireland, to increase security of supply
and network security, and to ensure the necessary onshore prolongations of offshore
grids for renewable energy and the domestic grid reinforcements necessary to ensure
an adequate and reliable transmission grid and to supply electricity generated
offshore to landlocked Member States.
Member States concerned: Belgium, Denmark, Germany, Ireland, Spain, France,
Italy, Luxembourg, Malta, Netherlands, Austria and Portugal.
(2) North-South electricity interconnections in Central Eastern and South Eastern Europe
(NSI East Electricity): interconnections, and internal lines in North-South and East-
West directions to complete the internal market, integrate generation from renewable
energy sources to end the isolation of Cyprus, to increase security of supply and
network security, and to ensure the necessary onshore prolongations of offshore grids
for renewable energy and the domestic grid reinforcements necessary to ensure an
adequate and reliable transmission grid and to supply electricity generated offshore
to landlocked Member States.
Member States concerned: Bulgaria, Czechia, Germany, Croatia, Greece, Cyprus,
Italy, Hungary, Austria, Poland, Romania, Slovenia and Slovakia.
(3) Baltic Energy Market Interconnection Plan in electricity (BEMIP Electricity):
interconnections between Member States and internal lines in the Baltic region, to
foster market integration while integrating growing shares of renewable energy in the
region, and to increase security of supply and network security.
Member States concerned: Denmark, Germany, Estonia, Latvia, Lithuania, Poland,
Finland and Sweden.
2. PRIORITY OFFSHORE GRID CORRIDORS
(4) Northern Seas offshore grids (NSOG): offshore electricity grid development,
integrated offshore electricity, as well as, where appropriate, hydrogen grid
development and the related interconnectors in the North Sea, the Irish Sea, the
Celtic Sea, the English Channel and neighbouring waters to transport electricity or,
where appropriate, hydrogen from renewable offshore energy sources to centres of
consumption and storage or to increase cross-border renewable energy exchange.
Member States concerned: Belgium, Denmark, Germany, Ireland, France,
Luxembourg, Netherlands and Sweden.
(5) Baltic Energy Market Interconnection Plan offshore grids (BEMIP offshore):
offshore electricity grid development, integrated offshore electricity, as well as,
EN 2 EN
where appropriate, hydrogen grid development and the related interconnectors in the
Baltic Sea and neighbouring waters to transport electricity or, where appropriate,
hydrogen from renewable offshore energy sources to centres of consumption and
storage or to increase cross-border renewable energy exchange.
Member States concerned: Denmark, Germany, Estonia, Latvia, Lithuania, Poland,
Finland and Sweden.
(6) South and West offshore grids (SW offshore): offshore electricity grid development,
integrated offshore electricity, as well as, where appropriate, hydrogen grid
development and the related interconnectors in the Mediterranean Sea, including the
Cadiz Gulf, and neighbouring waters to transport electricity or, where appropriate,
hydrogen from renewable offshore energy sources to centres of consumption and
storage or to increase cross-border renewable energy exchange.
Member States concerned: Greece, Spain, France, Italy, Malta and Portugal.
(7) South and East offshore grids (SE offshore): offshore electricity grid development,
integrated offshore electricity, as well as, where appropriate, hydrogen grid
development and the related interconnectors in the Mediterranean Sea, Black Sea and
neighbouring waters to transport electricity or, where appropriate, hydrogen from
renewable offshore energy sources to centres of consumption and storage or to
increase cross-border renewable energy exchange.
Member States concerned: Bulgaria, Croatia, Greece, Italy, Cyprus, Romania and
Slovenia.
(8) Atlantic offshore grids: offshore electricity grid development, integrated offshore
electricity grid development and the related interconnectors in the North Atlantic
Ocean waters to transport electricity from renewable offshore energy sources to
centres of consumption and storage and to increase cross-border electricity exchange.
Member States concerned: Ireland, Spain, France and Portugal.
3. PRIORITY CORRIDORS FOR HYDROGEN AND ELECTROLYSERS
(9) Hydrogen interconnections in Western Europe (HI West): hydrogen infrastructure
and the repurposing of gas infrastructure, enabling the emergence of an integrated
hydrogen backbone, directly or indirectly (via interconnection with a third country),
connecting the countries of the region and addressing their specific infrastructure
needs for hydrogen supporting the emergence of an Union-wide network for
hydrogen transport in the Union.
Electrolysers: supporting the deployment of power-to-gas applications aiming to
enable greenhouse gas reductions and contributing to secure, efficient and reliable
system operation and smart energy system integration in the Union.
Member States concerned: Belgium, Czechia, Denmark, Germany, Ireland. Spain,
France, Italy, Luxembourg, Malta, Netherlands, Austria and Portugal.
(10) Hydrogen interconnections in Central Eastern and South Eastern Europe (HI East):
hydrogen infrastructure and the repurposing of gas infrastructure, enabling the
emergence of an integrated hydrogen backbone, directly or indirectly (via
interconnection with a third country), connecting the countries of the region and
addressing their specific infrastructure needs for hydrogen supporting the emergence
of an Union-wide network for hydrogen transport in the Union.
EN 3 EN
Electrolysers: supporting the deployment of power-to-gas applications aiming to
enable greenhouse gas reductions and contributing to secure, efficient and reliable
system operation and smart energy system integration in the Union.
Member States concerned: Bulgaria, Czechia, Germany, Greece, Croatia, Italy,
Cyprus, Hungary, Austria, Poland, Romania, Slovenia and Slovakia.
(11) Baltic Energy Market Interconnection Plan in hydrogen (BEMIP Hydrogen):
hydrogen infrastructure and the repurposing of gas infrastructure, enabling the
emergence of an integrated hydrogen backbone, directly or indirectly (via
interconnection with a third country), connecting the countries of the region and
addressing their specific infrastructure needs for hydrogen supporting the emergence
of an Union-wide network for hydrogen transport in the Union.
Electrolysers: supporting the deployment of power-to-gas applications aiming to
enable greenhouse gas reductions and contributing to secure, efficient and reliable
system operation and smart energy system integration in the Union.
Member States concerned: Denmark, Germany, Estonia, Latvia, Lithuania, Poland,
Finland and Sweden.
4. PRIORITY THEMATIC AREAS
(12) Smart electricity grids deployment: adopting smart grid technologies across the
Union to efficiently integrate the behaviour and actions of all users connected to the
electricity network, in particular the generation of large amounts of electricity from
renewable or distributed energy sources and demand response by consumers, energy
storage, electric vehicles and other flexibility sources and, in addition, as regards
islands and island systems, decreasing energy isolation, supporting innovative and
other solutions involving at least two Member States with a significant positive
impact on the Union’s targets for energy and climate and its 2050 climate neutrality
objective, and contributing significantly to the sustainability of the island energy
system and that of the Union.
Member States concerned: all.
(13) Cross-border carbon dioxide network: development of infrastructure for transport
and storage of carbon dioxide between Member States and with neighbouring third
countries of carbon dioxide capture and storage captured from industrial installations
for the purpose of permanent geological storage as well as carbon dioxide utilisation
for synthetic fuel gases leading to the permanent neutralization of carbon dioxide.
Member States concerned: all.
EN 4 EN
ANNEX II
ENERGY INFRASTRUCTURE CATEGORIES
The energy infrastructure categories to be developed in order to implement the energy
infrastructure priorities set out in Annex I shall be the following:
(1) concerning electricity:
(a) high and extra-high voltage overhead transmission lines, crossing a border or
within a Member State territory including the exclusive economic zone, if they
have been designed for a voltage of 220 kV or more, and underground and
submarine transmission cables, if they have been designed for a voltage of 150
kV or more. For Member States and small isolated systems with a lower
voltage overall transmission system, those voltage thresholds are equal to the
highest voltage level in their respective electricity systems;
(b) any equipment or installation falling under energy infrastructure category
referred to in point (a) enabling transmission of offshore renewable electricity
from the offshore generation sites (energy infrastructure for offshore renewable
electricity);
(c) energy storage facilities, in individual or aggregated form, used for storing
energy on a permanent or temporary basis in above-ground or underground
infrastructure or geological sites, provided they are directly connected to high-
voltage transmission lines and distribution lines designed for a voltage of 110
kV or more. For Member States and small isolated systems with a lower
voltage overall transmission system, those voltage thresholds are equal to the
highest voltage level in their respective electricity systems;
(d) any equipment or installation essential for the systems referred to in points (a),
(b) and (c) to operate the systems safely, securely and efficiently, including
protection, resilience, monitoring, control and digitalisation equipment or
installation at all voltage levels and substations;
(e) any equipment or installation, which is specifically designed to provide
protection and resilience to existing critical network elements pursuant to
Regulation (EU) 2019/943, is physically directly connected to them, and is
essential to operate the systems safely, securely and efficiently;
(f) any equipment or installation essential for existing high-voltage network
elements to operate the systems safely and efficiently which constitutes
monitoring, control and digitalisation equipment or installation;
(g) smart electricity grids: any equipment or installation, digital systems and
components integrating information and communication technologies (ICT),
through operational digital platforms, control systems and sensor technologies
both at transmission and medium and high voltage distribution level, aiming to
ensure a more efficient and intelligent electricity transmission and distribution
network, increased capacity to integrate new forms of generation, energy
storage and consumption and facilitating new business models and market
structures, including investments in islands and island systems to decrease
energy isolation, to support innovative and other solutions involving at least
two Member States with a significant positive impact on the Union’s targets for
energy and climate and its 2050 climate neutrality objective, and to contribute
EN 5 EN
significantly to the sustainability of the island energy system and that of the
Union;
(h) offshore grids for renewable energy: any equipment or installation falling
under energy infrastructure category referred to in point (a) having dual
functionality: interconnection and offshore grid connection system from the
offshore renewable generation sites to two or more Member States and a third
country, including the onshore prolongation of this equipment up to the first
substation in the onshore transmission system, as well as any offshore adjacent
equipment or installation essential to operate safely, securely and efficiently,
including protection, monitoring and control systems, and necessary
substations if they also ensure technology interoperability, inter alia, interface
compatibility between various technologies ;
(2) concerning hydrogen:
(a) pipelines for the transport, mainly at high pressure, of hydrogen, including
repurposed natural gas infrastructure, giving access to multiple network users
on a transparent and non-discriminatory basis;
(b) storage facilities connected to the high-pressure hydrogen pipelines referred to
in point (a);
(c) reception, storage and regasification or decompression facilities for liquefied
hydrogen or hydrogen embedded in other chemical substances with the
objective of injecting the hydrogen, where applicable, into the grid;
(d) any equipment or installation essential for the hydrogen system to operate
safely, securely and efficiently or to enable bi-directional capacity, including
compressor stations;
Any of the assets listed in points (a) to (d) may be newly constructed or repurposed
from natural gas to hydrogen, or a combination of the two;
(3) concerning electrolyser facilities:
(a) electrolysers that:
(i) have at least 500 MW capacity, provided by a single electrolyser or by a set
of electrolysers that form a single, coordinated project; and
(ii) the production qualifies as low carbon hydrogen in line with Directive (EU)
2024/1788 in case of low-carbon hydrogen or renewable fuel of non-biological
origin in line with the Directive (EU) 2018/2001; and
(iii) have a network-related function for both the electricity and the hydrogen
networks, particularly with a view to overall system flexibility and overall
system efficiency of the two networks.
(b) related equipment, including pipeline connection to the network.
(4) concerning carbon dioxide:
(a) dedicated pipelines, other than upstream pipeline network, used to transport
carbon dioxide from more than one source, for the purpose of permanent
geological storage of carbon dioxide pursuant to Directive 2009/31/EC;
(b) fixed facilities for liquefaction, buffer storage and converters of carbon dioxide
in view of its further transportation through pipelines and in dedicated modes
of transport such as ship, barge, truck, and train;
EN 6 EN
(c) without prejudice to any prohibition of geological storage of carbon dioxide in
a Member State, surface and injection facilities associated with infrastructure
within a geological formation that is used, in accordance with Directive
2009/31/EC, for the permanent geological storage of carbon dioxide, where
they do not involve the use of carbon dioxide for the enhanced recovery of
hydrocarbons and are necessary to allow the cross-border transport and storage
of carbon dioxide;
(d) any equipment or installation essential for the system in question to operate
properly, securely and efficiently, including protection, monitoring and control
systems.
EN 7 EN
ANNEX III
REGIONAL LISTS OF PROJECTS
1. RULES FOR GROUPS
(1) With regard to energy infrastructure falling under the competence of national
regulatory authorities, each Group shall be composed of representatives of the
Member States, national regulatory authorities, TSOs as well as the Commission, the
Agency, the EU DSO entity and either the ENTSO for Electricity or the ENNOH.
For the other energy infrastructure categories, each Group shall be composed of the
Commission and the representatives of the Member States, project promoters
concerned by each of the relevant priorities set out in Annex I.
(2) Depending on the number of candidate projects for the Union list, regional
infrastructure gaps and market developments, the Groups and the decision-making
bodies of the Groups may split, merge or meet in different configurations, as
necessary, to discuss matters common to all Groups via the TEN-E Group or
pertaining solely to particular regions. Such matters may include issues relevant to
cross-regional consistency or the number of proposed projects included on the draft
regional lists at risk of becoming unmanageable.
(3) Each Group shall organise its work in line with regional cooperation efforts pursuant
to Articles 31 and 65 of Regulation (EU) 2024/1789, Article 80 of Directive (EU)
2024/1788, Article 34 of Regulation (EU) 2019/943, and Article 61 of Directive
(EU) 2019/944, and other existing regional cooperation structures.
(4) Each Group shall invite, as appropriate for the purpose of implementing the relevant
energy infrastructure priority corridors and areas designated in Annex I, promoters of
a project potentially eligible for selection as a project of common interest or projects
of mutual interest as well as representatives of national administrations, of regulatory
authorities, of civil society and TSOs from third countries.
(5) For the energy infrastructure priority corridors set out in Section 2 of Annex I, each
Group shall invite, as appropriate, representatives of the landlocked Member States,
competent authorities, national regulatory authorities and TSOs.
(6) Each Group shall invite to the meetings, as appropriate, the organisations
representing relevant stakeholders, including representatives from third countries,
and, where deemed to be appropriate, directly the stakeholders, including producers,
DSOs, suppliers, consumers, local populations and Union-based organisations for
environmental protection, to express their specific expertise. Each Group shall
organise hearings or consultations where relevant for the accomplishments of its
tasks.
(7) As regards the meetings of the Groups, the Commission shall publish, on a platform
accessible to stakeholders, the internal rules, an updated list of member
organisations, regularly updated information on the progress of work, meeting
agendas, as well as meeting minutes, where available. The deliberations of the
decision-making bodies of the Groups and the project ranking in accordance with
Article 4(5) shall be confidential. All decisions concerning to the functioning and
work of the Groups shall be made by consensus between the Member States and the
Commission.
(8) The Commission, the Agency and the Groups shall strive for consistency between
the Groups. For that purpose, the Commission and the Agency shall ensure, when
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relevant, the exchange of information on all work representing an interregional
interest between the Groups concerned.
(9) The participation of national regulatory authorities and the Agency in the Groups
shall not jeopardise the fulfilment of their objectives and duties under this Regulation
or under Regulation (EU) 2019/942, Articles 77, 78, and 79 of Directive (EU)
2024/1788 and Articles 58, 59 and 60 of Directive (EU) 2019/944.
2. PROCESS FOR ESTABLISHING REGIONAL LISTS
(1) Promoters of a project potentially eligible for selection as a project on the Union list
wanting to obtain that status shall submit an application for selection as a project on
the Union list to the Group that includes:
(a) an assessment of their projects with regard to their contribution to
implementing the priorities set out in Annex I;
(b) an indication of the relevant project category set out in Annex II;
(c) an analysis of the fulfilment of the relevant criteria laid down in Article 4;
(d) for projects having reached a sufficient degree of maturity, a cost-benefit
analysis, which is consistent with the methodologies pursuant Article 14, and
which, for energy infrastructure categories relating to electricity falling under
points 1 (a), (b), (c), (d), (f), (h) of Annex II, to hydrogen falling under point 2
of Annex II, and to electrolysers falling under point 3 of Annex II, has been
performed by the ENTSO for Electricity or the ENNOH, as applicable, in the
framework of the Union-wide ten-year network development plan;
(e) information regarding their ultimate beneficiary owners and their internal
ownership structure which shall be treated as confidential by the Commission
and the members of the high-level decision-making body at duly justified
request by the project promoters, in case of business secrets/commercial
information;
(f) for projects of mutual interest, project specific non-binding agreements
between or letters of support from the governments of the directly affected
countries expressing their explicit support for the project and, for the third
country, confirming their explicit commitment to complying with a similar
timeline for accelerated implementation and other policy and regulatory
support measures as applies to projects of common interest in the Union
pursuant to Article 4(2), point (f), and, for energy infrastructure categories
relating to electricity falling under points 1(a), (d) or (h), a preliminary grid
security and stability study from the transmission system operators confirming
that the project can be fully integrated into the electricity networks of the
countries concerned;
(g) any other relevant information for the evaluation of the project.
(2) Projects on the Union list that have obtained regulatory approval or final investment
decision providing sufficient assurance of the construction of the project, or projects
for which construction is on-going and show sufficient progress in their annual report
required under Article 5, shall remain on the Union list and not be required to re-
submit information pursuant to points (a) to (f) and of point 1. All recipients shall
ensure the confidentiality of commercially sensitive information.
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(3) The proposed electricity transmission and storage projects of common interest and
projects of mutual interest falling under the energy infrastructure categories set out in
point (1)(a), (b), (c), (d), (f), and (h) of Annex II to this Regulation, as relevant, shall
be part of the latest available Union-wide ten-year network development plan for
electricity, developed by the ENTSO for Electricity pursuant Article 30 of
Regulation (EU) 2019/943. The proposed electricity transmission projects of
common interest falling under the energy infrastructure categories set out in points
(1)(b) and (h) of Annex II to this Regulation shall be consistent with the integrated
offshore network development and grid reinforcements referred to in Article 15(2) of
this Regulation.
(4) The proposed hydrogen projects of common interest and projects of mutual interest
falling under the energy infrastructure categories set out in point (2) and (3) of
Annex II to this Regulation shall be part of the latest available Union-wide ten-year
network development plan for hydrogen, developed by the ENNOH pursuant to
Article 60 of Regulation (EU) 2024/1789.
(5) By 30 June 2027 and subsequently for every Union-wide ten-year network
development plan, the ENTSO for Electricity, and the ENNOH shall issue updated
guidelines for inclusion of projects in their respective Union-wide ten-year network
development plan, as referred to in points (3) and (4), in order to ensure equal
treatment and the transparency of the process. For all the projects on the Union list in
force at the time, the guidelines shall establish a simplified process of inclusion in the
Union-wide ten-year network development plans taking into account the
documentation and data already submitted during the previous Union-wide ten-year
network development plan processes, provided that the documentation and data
already submitted remains valid.
The ENTSO for Electricity, and the ENNOH shall consult the Commission and the
Agency about their respective draft guidelines for inclusion of projects in the Union-
wide ten-year network development plans and take due account of the Commission’s
and the Agency’s recommendations before the publication of the final guidelines.
(6) The ENTSO for Electricity and the ENNOH shall provide information to the TEN-E
Group as to how they applied the guidelines to evaluate inclusion in the Union-wide
ten-year network development plans.
(7) Proposed carbon dioxide transport and storage projects falling under the energy
infrastructure category set out in point (4) of Annex II shall be presented as part of a
plan, developed by at least two Member States, for the development of cross-border
carbon dioxide transport and storage infrastructure, to be presented by the Member
States concerned or entities designated by those Member States to the Commission.
(8) For projects falling under their competence, the national regulatory authorities and,
the Agency shall, taking into account regional cooperation pursuant to Article 80 of
Directive (EU) 2024/1788 and Article 61 of Directive (EU) 2019/944, check the
consistent application of the criteria and of the project-specific cost-benefit analysis
methodology pursuant to Article 14 of this Regulation, and evaluate projects’ cross-
border relevance and progress achieved for projects on the Union list, taking into
account the reports submitted pursuant to Article 5(4) of this Regulation. They shall
present their assessment to the Group. The Commission shall ensure that criteria and
methodologies referred to in Article 4 of this Regulation and Annex IV are applied in
a harmonised way to ensure consistency across the regional groups.
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(9) For all projects not covered in point (8) of this Annex, the Commission shall evaluate
the application of the criteria set out in Article 4 of this Regulation. The Commission
shall also take into account the potential for future extension to include additional
Member States. The Commission shall present its assessment to the Group. For
projects applying for the status of project of mutual interest, third-country
representatives and regulatory authorities shall be invited to the presentation of the
assessment.
(10) Each Member State to whose territory a proposed project does not relate, but on
which the proposed project may have a potential net positive impact or a potential
significant effect, such as on the environment or on the operation of the energy
infrastructure on its territory, may present an opinion to the Group specifying its
concerns.
(11) The Group shall examine, at the request of a Member State of the Group, the
substantiated reasons presented by a Member State pursuant to Article 3(3) for not
approving a project related to its territory.
(12) The Group shall consider whether the energy efficiency first principle is applied as
regards the establishment of the regional infrastructure needs and as regards each of
the candidate projects. The Group shall, in particular, consider solutions such as non-
wire solutions, demand-side management, non-fossil flexibility, market arrangement
solutions, implementation of digital solutions, and renovation of buildings as priority
solutions where they are judged more cost-efficient on a system wide perspective
than the construction of new supply side infrastructure.
(13) The Group shall meet to examine and rank the proposed projects based on a
transparent assessment of the projects and using the criteria set out in Article 4 taking
into account the assessment of the national regulatory authorities, or the assessment
of the Commission for projects not falling within the competence of national
regulatory authorities.
(14) The decision-making body of each Group shall adopt its final list of proposed
projects at latest by two months before the adoption date of the Union list Article 22,
respecting the provisions set out in Article 3(3), on the basis of the Groups’ proposal
and taking into account the assessment of national regulatory authorities and the
Agency and the assessment of the Commission for projects not falling within the
competence of national regulatory authorities proposed in accordance with point (9),
and the advice from the Commission that aims to ensure a manageable total number
of projects on the Union list, especially at borders related to competing or potentially
competing projects. The decision-making bodies of the Groups shall submit the final
lists to the Commission, together with any opinions as specified in point (10).
(15) Where, on the basis of the draft lists, the total number of proposed projects on the
Union list would exceed a manageable number, the Commission shall advise each
Group concerned, not to include in the list projects that were ranked lowest by the
Group concerned in accordance with the ranking established pursuant to Article 4(5).
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ANNEX IV
RULES AND INDICATORS CONCERNING CRITERIA FOR PROJECTS
(1) A project of common interest with a significant cross-border impact shall be a project
on the territory of a Member State and shall fulfil the following conditions:
(a) for electricity transmission projects falling under point (1) (a), (b), (d), and (f)
of Annex II , the project increases the net transfer capacity, at the border of that
Member State with one or several other Member States by at least 200
Megawatts (MW) compared to the situation without commissioning of the
project;
(b) for any equipment or installation projects falling under point (1) (e) of Annex
II, they need to be deployed on existing critical network elements, as defined
in Article 2, point (69), of Regulation (EU) 2019/943, be included as part of the
measures defined in the risk preparedness plans established by Member States
pursuant to the Risk Preparedness Regulation to address risks to energy
security, and increase energy security in at least one additional Member State;
(c) for electricity storage projects falling under point (1) (c) of Annex II, the
project provides at least 225 MW installed capacity and has a storage capacity
that allows a net annual electricity generation of 250 GW-hours/year;
(d) for smart electricity grids projects falling under point (1) (g) of Annex II, the
project is designed for equipment and installations at high-voltage and
medium-voltage level, and involves TSOs, TSOs and DSOs, or DSOs from at
least two Member States. The project may involve only DSOs provided that
they are from at least two Member States and provided that interoperability is
ensured. The project shall satisfy at least two of the following criteria: it
involves 50 000 users, generators, consumers or prosumers of electricity, it
captures a consumption area of at least 300 GW hours/year, at least 20 % of the
electricity consumption linked to the project originates from variable
renewable resources, or it decreases energy isolation of non-interconnected
systems in one or more Member States. The project does not need to involve a
physical common border. For projects related to small isolated systems as
defined in Article 2, point (42), of Directive (EU) 2019/944, including islands,
those voltage levels shall be equal to the highest voltage level in the relevant
electricity system;
(e) for hydrogen transmission the project increases existing cross-border hydrogen
transport capacity at a border between two Member States by at least 10 %
compared to the situation prior to the commissioning of the project, and the
project sufficiently demonstrates that it is an essential part of a planned cross-
border hydrogen network and provides sufficient proof of existing plans and
cooperation with neighbouring countries and network operators or, for projects
decreasing energy isolation of non-interconnected systems in one or more
Member States, the project aims to supply, directly or indirectly, at least two
Member States;
(f) for hydrogen storage or hydrogen reception facilities referred to in point (2) of
Annex II, the project aims to supply, directly or indirectly, at least two Member
States;
(g) for electrolysers, the project provides at least 500 MW installed capacity
provided by a single electrolyser or by a set of electrolysers that form a single
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coordinated project and brings benefits directly or indirectly to at least two
Member States;
(h) for offshore renewable electricity transmission, the project is designed to
transfer electricity from offshore generation sites with capacity of at least 500
MW and allows for electricity transmission to onshore grid of a specific
Member State, increasing the volume of renewable electricity available on the
internal market. The project shall be developed in the areas with low
penetration of offshore renewable electricity and shall demonstrate a
significant positive impact on the Union’s targets for energy and climate and its
2050 climate neutrality objective;
(i) for carbon dioxide projects, the project is used to transport and, where
applicable, store anthropogenic carbon dioxide originating from at least two
Member States.
(2) A project of mutual interest with significant cross-border impact shall fulfil the
following conditions:
(a) for projects of mutual interest relating to the category set out in point (1)(a), (d)
and (h) of Annex II, the project increases the net transfer capacity at the border
of that Member State with a third country and brings significant benefits to at
least two countries directly or indirectly concerned by the project;
(b) for projects of mutual interest in the category set out in point (2) (a) of Annex
II, the hydrogen project enables the transmission of hydrogen across the border
of a Member State with a third country and proves bringing significant benefits
to at least two countries directly or indirectly concerned by the project;
(c) for projects of mutual interest in the category set out in point (4) of Annex II,
the project can be used to transport and store anthropogenic carbon dioxide by
at least two Member States and a third country.
(3) Concerning projects falling under the energy infrastructure categories set out in point
(1)(a), (b), (c), (d), (f) and (h) of Annex II, the criteria listed in Article 4 shall be
evaluated as follows:
(a) transmission of renewable energy generation to major consumption centres and
storage sites, measured in line with the analysis made in the latest available
Union-wide ten-year network development plan in electricity, in particular by:
(i) for electricity transmission set out in point (1)(a), (b), (d), (f) and (h) of
Annex II, estimating the amount of generation capacity from renewable
energy sources (by technology, in MW), which is connected and
transmitted due to the project, compared to the amount of planned total
generation capacity from those types of renewable energy sources in the
Member State concerned according to the National Energy and Climate
Plans submitted by Member States in accordance with Regulation (EU)
2018/1999;
(ii) or energy storage set out in point (1)(c) of Annex II, comparing new
capacity provided by the project with total existing capacity for the same
storage technology in the area of analysis as set out in Annex V;
(b) market integration, competition and system flexibility, measured in line with
the analysis made in the latest available Union-wide ten-year network
development plan in electricity, in particular by:
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(i) calculating, for cross-border projects, including reinvestment projects,
the impact on the grid transfer capability in both power flow directions,
measured in terms of amount of power (in MW), and their contribution to
reaching the interconnection target, and for projects with significant
cross-border impact, the impact on grid transfer capability at borders
between relevant Member States, between relevant Member States and
third country or within relevant Member States and on demand-supply
balancing and network operations in relevant Member States;
(ii) assessing the impact, for the area of analysis as set out in Annex V, in
terms of energy system-wide generation and transmission costs and
evolution and convergence of market prices provided by a project under
various planning scenarios, in particular taking into account the
variations induced on the merit order;
(c) security of supply, interoperability and secure system operation, measured in
line with the analysis made in the latest available Union-wide ten-year network
development plan in electricity, in particular by assessing the impact of the
project on the loss of load expectation for the area of analysis as set out in
Annex V in terms of generation and transmission adequacy for a set of
characteristic load periods, taking into account expected changes in climate-
related extreme weather events and their impact on infrastructure resilience.
Where applicable, the impact of the project on independent and reliable control
of system operation and services shall be measured.
(4) Concerning projects falling under the energy infrastructure category set out in point
(1)(g) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
(a) the level of sustainability, measured by assessing the extent of the ability of the
grids to connect and transport variable renewable energy;
(b) security of supply, measured by assessing the level of losses in distribution,
transmission networks, or both, the percentage utilisation (i.e. average loading)
of electricity network components, the availability of network components
(related to planned and unplanned maintenance) and its impact on network
performances, and on the duration and frequency of interruptions, including
climate related disruptions;
(c) market integration, measured by assessing the innovative uptake in system
operation, the decrease of energy isolation and interconnection, as well as the
level of integrating other sectors and facilitating new business models and
market structures;
(d) network security, flexibility and quality of supply, measured by assessing the
innovative approach to system flexibility, cybersecurity, efficient operability
between TSO and DSO level, the capacity to include demand response,
storage, energy efficiency measures, the cost-efficient use of digital tools and
ICT for monitoring and control purposes, the stability of the electricity system
and the voltage quality performance.
(5) Concerning projects falling under the energy infrastructure category set out in point
(1)(e) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
(a) security of supply, measured by the percentage utilisation (i.e. average loading)
of electricity network components; the availability of network components and
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its impact on network performances; the duration and frequency of
interruptions, including climate related disruptions;
(b) network security, measured by assessing the ability to prevent significant
incidents through physical and cybersecurity measures;
(6) Concerning hydrogen falling under the energy infrastructure category set out in point
(2) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
(a) sustainability, measured as the contribution of a project to greenhouse gas
emission reductions in various end-use applications in hard-to-abate sectors,
such as industry or transport; flexibility and seasonal storage options for
renewable electricity generation; or the integration of renewable and low-
carbon hydrogen with a view to consider market needs and promote renewable
hydrogen;
(b) market integration and interoperability, measured by calculating the additional
value of the project to the integration of market areas and price convergence to
the overall flexibility of the system;
(c) security of supply and flexibility, measured by calculating the additional value
of the project to the resilience, diversity and flexibility of hydrogen supply;
(d) competition, measured by assessing the project’s contribution to supply
diversification, including the facilitation of access to indigenous sources of
hydrogen supply.
(7) Concerning electrolyser projects falling under the energy infrastructure category set
out in point (3) of Annex II the criteria listed in Article 4 shall be evaluated as
follows:
(a) sustainability, measured by assessing the share of renewable hydrogen or low-
carbon hydrogen, in particular from renewable sources meeting the criteria
defined in point (3)(a)(ii) of Annex II integrated into the network or estimating
the amount of deployment of synthetic fuels of those origins and the related
greenhouse gas emission savings;
(b) security of supply, measured by assessing its contribution to the safety,
stability and efficiency of network operation, including through the assessment
of avoided curtailment of renewable electricity generation;
(c) enabling flexibility services such as demand response and storage by the
facilitation of smart energy sector integration through the creation of links to
other energy carriers and sectors, measured by assessing the cost savings
enabled in connected energy sectors and systems, such as the gas, hydrogen,
power and heat networks, the transport and industry sectors.
(8) Concerning carbon dioxide infrastructure falling under the energy infrastructure
categories set out in point (4) of Annex II the criteria listed in Article 4 shall be
evaluated as follows:
(a) sustainability, measured by assessing the total expected project life-cycle
greenhouse gas reductions and the absence of alternative technological
solutions such as, but not limited to, energy efficiency, electrification
integrating renewable sources, to achieve the same level of greenhouse gas
reductions as the amount of carbon dioxide to be captured at connected
industrial installations at a comparable cost within a comparable timeline
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taking into account the greenhouse gas emissions from the energy necessary to
capture, transport and store the carbon dioxide, as applicable, considering the
infrastructure including, where applicable, other potential future uses;
(b) resilience and security, measured by assessing the security of the infrastructure;
(c) the mitigation of environmental burden and risk via the permanent
neutralisation of carbon dioxide.
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ANNEX V
ENERGY SYSTEM-WIDE COST-BENEFIT ANALYSIS
The methodologies for cost-benefit analyses developed by the ENTSO for Electricity and the
ENNOH shall be consistent with each other, taking into account sectorial specificities. The
methodologies for a harmonised and transparent energy system-wide cost-benefit analysis for
projects on the Union list shall be uniform for all infrastructure categories, unless specific
divergences are justified. They shall address costs in the broader sense, including
externalities, in view of the Union’s targets for energy and climate and its 2050 climate
neutrality objective and shall comply with the following principles:
(1) the area for the analysis of an individual project shall cover all Member States and
third countries, on whose territory the project is located, all directly neighbouring
Member States and all other Member States in which the project has a significant
impact. For this purpose, ENTSO for Electricity and ENNOH shall cooperate with
all the relevant system operators in the relevant third countries. In the case of projects
falling under the energy infrastructure category set out at point (3) of Annex II, the
ENTSO for Electricity and the ENNOH shall cooperate with the project promoter,
including where it is not a system operator;
(2) each cost-benefit analysis shall include sensitivity analyses concerning the input data
set, where relevant, including the cost of generation and greenhouse gases as well as
the expected development of demand and supply, including with regard to renewable
energy sources, and including the flexibility of both, and the availability of storage,
the commissioning date of various projects in the same area of analysis, climate
impacts and other relevant parameters;
(3) they shall establish the analysis to be carried out, based on the relevant multi-
sectorial input data set by determining the impact with and without each project and
shall include the relevant interdependencies with other projects;
(4) they shall give guidance for the development and use of energy network and market
modelling necessary for the cost-benefit analysis. The modelling shall allow for a full
assessment of economic benefits, including market integration, security of supply
and competition, as well as lifting energy isolation, social and environmental and
climate impacts, including the cross-sectorial impacts. The methodology shall be
fully transparent including details on why, what and how each of the benefits and
costs are calculated;
(5) they shall include an explanation on how the energy efficiency first principle is
implemented in all the steps of the Union-wide ten-year network development plans;
(6) they shall explain that the development and deployment of renewable energy will not
be hampered by the project;
(7) they shall ensure that the Member States on which the project has a net positive
impact, the beneficiaries, the Member States on which the project has a net negative
impact, and the cost bearers, which may be Members States other than those on
which territory the infrastructure is constructed, are identified;
(8) they shall take into account, at least, the capital expenditure, operational and
maintenance expenditure costs, as well as the costs induced for the related system
over the technical lifecycle of the project as a whole, such as decommissioning and
waste management costs, including external costs. The methodologies shall give
guidance on discount rates, technical lifetime and residual value to be used for the
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cost- benefit calculations. They shall furthermore include a mandatory methodology
to calculate benefit-to-cost ratio and the net present value, as well as a differentiation
of benefits in accordance with the level of reliability of their estimation methods.
Methods to calculate the climate and environmental impacts of the projects and the
contribution to Union energy targets, such as renewable penetrations, energy
efficiency and interconnection targets shall also be taken into account;
(9) they shall ensure that the climate adaptation measures taken for each project are
assessed and reflect the cost of greenhouse gas emissions and that the assessment is
robust and consistent with other Union policies in order to enable comparison with
other solutions which do not require new infrastructures.
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ANNEX VI
GUIDELINES FOR TRANSPARENCY AND PUBLIC PARTICIPATION
(1) The manual of procedures referred to in Article 9(1) shall contain at least:
(a) specifications of the relevant pieces of legislation upon which decisions and
opinions are based for the various types of relevant projects of common
interest, including environmental law;
(b) the list of relevant decisions and opinions to be obtained;
(c) the names and contact details of the competent authority, other authorities
concerned and major stakeholders concerned;
(d) the work flow, outlining each stage in the process, including an indicative
timeline and a concise overview of the decision-making process for the various
types of relevant projects of common interest;
(e) information about the scope, structure and level of detail of documents to be
submitted with the application for decisions, including a checklist;
(f) the stages and means for the general public to participate in the process;
(g) the manner in which the competent authority, other authorities concerned and
the project promoter shall demonstrate that the opinions expressed in the public
consultation were taken into account, for example by showing what
amendments were done in the location and design of the project or by
providing reasons why such opinions have not been taken into account;
(h) to the extent possible, translations of its content in English and all languages of
the neighbouring Member States to be realised in coordination with the
relevant neighbouring Member States.
(2) The detailed schedule referred to in Article 10(8), shall at least specify the following:
(a) the decisions and opinions to be obtained;
(b) the authorities, stakeholders, and the public likely to be concerned;
(c) the individual stages of the procedure and their duration;
(d) major milestones to be accomplished and their deadlines in view of the
comprehensive decision to be taken;
(e) the resources planned by the authorities and possible additional resource needs.
(3) Without prejudice to the requirements for public consultations under environmental
law, to increase public participation in the permit granting process and ensure in
advance information and dialogue with the public, the following principles shall be
applied:
(a) the stakeholders affected by a project of common interest, including relevant
national, regional and local authorities, landowners and citizens living in the
vicinity of the project, the general public and their associations, organisations
or groups, shall be extensively informed and consulted at an early stage, in an
inclusive manner, when potential concerns by the public can still be taken into
account and in an open and transparent manner. Where relevant, the competent
authority shall actively support the activities undertaken by the project
promoter;
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(b) competent authorities shall ensure that public consultation procedures for
projects of common interest are grouped together where possible including
public consultations already required under national law. Each public
consultation shall cover all subject matters relevant to the particular stage of
the procedure, and one subject matter relevant to the particular stage of the
procedure shall not be addressed in more than one public consultation;
however, one public consultation may take place in more than one
geographical location. The subject matters addressed by a public consultation
shall be clearly indicated in the notification of the public consultation;
(c) comments and objections shall be admissible only from the beginning of the
public consultation until the expiry of the deadline;
(d) the project promoters shall ensure that consultations take place during a period
that allows for open and inclusive public participation.
(4) The concept for public participation shall at least include information about:
(a) the stakeholders concerned and addressed;
(b) the measures envisaged, including proposed general locations and dates of
dedicated meetings;
(c) the timeline;
(d) the human resources allocated to various tasks.
(5) In the context of the public consultation to be carried out before submission of the
application file, the relevant parties shall at least:
(a) publish in electronic and, where relevant, printed form, an information leaflet
of no more than 15 pages, giving, in a clear and concise manner, an overview
of the description, purpose and preliminary timetable of the development steps
of the project, the national grid development plan, alternative routes
considered, types and characteristics of the potential impact, including of cross-
border or transboundary nature, and possible mitigation measures, such
information leaflet is to be published prior to the start of the consultation and to
list the web addresses of the website of the project of common interest referred
to in Article 9(7), the transparency platform referred to in Article 23 and the
manual of procedures referred to in point (1) of this Annex;
(b) publish the information on the consultation on the website of the project of
common interest referred to in Article 9(7), on the bulletin boards of the offices
of local administrations, and, at least, in one or, if applicable, two local media
outlets;
(c) invite, in written or electronic form, the relevant affected stakeholders,
associations, organisations and groups to dedicated meetings, during which
concerns shall be discussed.
(6) The project website referred to in Article 9(7) shall at least publish the following
information:
(a) the date when the project website was last updated;
(b) translations of its content in English and in all languages of the Member States
concerned by the project or on which the project has a significant cross-border
impact in accordance with point (1) of Annex IV;
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(c) the information leaflet referred to in point (5) updated with the latest data on
the project;
(d) a non-technical and regularly updated summary reflecting the current status of
the project, including geographic information, and clearly indicating, in case of
updates, changes to previous versions;
(e) the implementation plan as set out in Article 5(1) updated with the latest data
on the project;
(f) the funds allocated and disbursed by the Union for the project;
(g) the project and public consultation planning, clearly indicating dates and
locations for public consultations and hearings and the envisaged subject
matters relevant for those hearings;
(h) contact details in view of obtaining additional information or documents;
(i) contact details in view of conveying comments and objections during public
consultations.
EN 21 EN
ANNEX VII
INFRASTRUCTURE NEEDS IDENTIFICATION REPORTS
The framework methodology developed by ACER for identification of infrastructure needs by
the ENTSO for Electricity and the ENNOH shall ensure that the identification of
infrastructure needs reports referred to in Article 12 comply with the following principles:
(1) It shall be based on the central scenario pursuant to Article 11 of this Regulation, and
complemented by further assessment, when relevant, using the central scenario’s
sensitivities.
(2) It shall follow cross-sectoral and integrated approach taking into account
interlinkages between electricity, hydrogen and gas sectors, as well as, where
applicable, district heating and CO2 sectors.
(3) It shall ensure that the needs are identified by analysing most efficient joined-up
contribution of the electricity and hydrogen network solutions, including non-wire
solutions, non-fossil flexibility or other alternatives to system expansion, to achieve
the optimal energy network for achieving the energy and climate targets and
objectives. The optimal energy network should also ensure security of supply and
lead to a higher market integration and competitiveness of the European industry by
increasing price convergence between respective market and bidding zones as and
higher electricity interconnectivity levels.
(4) It shall look at medium (10-15 years) and long-term (20-30 years) time horizon based
on a realistic starting network for each time horizon, identifying needs at Member
States borders and at national level if of cross-border relevance, taking also into
account infrastructure developments in the third countries in line with the EU policy
priorities.
(5) It shall reflect the European perspective by first identifying cross-border needs
leading to the identification of possible infrastructure reinforcement needs at national
level.
(6) It shall provide sufficient level of detail and granularity to properly consider current
and future network constraints and enable subsequent identification of infrastructure
needs on regional as well as national level. It shall also provide clear information on
the necessary investments to address the infrastructure gaps as well as the cumulative
benefits of these investments for the energy system..
(7) In electricity, it shall consider infrastructure and non-wire solutions, with due
consideration of non-fossil flexibility potential and use, including storage, which
would lead to more optimised energy system. The matchmaking of needs with
projects submitted for inclusion in the Union wide ten-year network development
shall be accompanied by an explanation how non-wire solutions, non-fossil
flexibility or other alternatives to system expansion were taken into account.
(8) It shall be an outcome of a transparent process, based on robust tools and data,
requiring up to date and verified cost assumptions. In this context, it shall use clear
and quantifiable criteria for the set-up of the starting network. Key relevant
stakeholders shall be involved into provision of inputs as well as validation of the
results through the consultation process structured in a way to enable the
accommodation of comments.
(9) It shall deliver specific and quantified results allowing for measuring the magnitude
of potential infrastructure gaps in specific locations, referring both non-wire and new
EN 22 EN
infrastructure. To this aim, the identified needs should indicate to market participants
the main cross-border transmission infrastructure gaps, including internal
infrastructure with significant cross-border impact, that need to be addressed over the
next ten to twenty years.
Resolutsiooni liik: Riigikantselei resolutsioon Viide: Kliimaministeerium / / ; Riigikantselei / / 2-5/26-00097
Resolutsiooni teema: TEN-E määrus ja loamenetluste kiirendamise direktiiv
Adressaat: Kliimaministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukohtade ja otsuste eelnõud järgmiste algatuste kohta, kaasates seejuures olulisi huvigruppe ja osapooli:
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869,COM(2025)1006
- Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures,COM(2025)1007
EISi toimiku nr: 26-0018 Tähtaeg: 13.03.2026
Adressaat: Justiits- ja Digiministeerium, Majandus- ja Kommunikatsiooniministeerium, Rahandusministeerium, Välisministeerium Ülesanne: Palun esitada oma sisend Kliimaministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 20.02.2026
Lisainfo: Eelnõusid on kavas arutada valitsuse 26.03.2026 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (18.03.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 13.03.2026.
Kinnitaja: Merli Vahar, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 15.01.2026 Resolutsiooni koostaja: Sandra Metste [email protected],
.
13.01.2026
Ettepanek:
TEN-E määrus ja loamenetluste kiirendamise direktiiv (COM (2025) 1006, COM (2025) 1007)
Otsuse ettepanek koordinatsioonikogule
Kujundada seisukoht
Kaasvastutaja sisendi tähtpäev 20.02.2026
KOKi esitamise tähtpäev 18.03.2026
VV esitamise tähtpäev 26.03.2026
Vastutav ministeerium: Kliimaministeerium
Kaasvastutajad: Majandus- ja Kommunikatsiooniministeerium, Rahandusministeerium, Justiits- ja Digiministeerium, Välisministeerium
Seisukoha valitsusse toomise alus ja põhjendus
Algatuse vastuvõtmisega kaasneks oluline majanduslik või sotsiaalne mõju (RKKTS § 152¹ lg 1 p 2)
Algatuse reguleerimisala nõuab vastavalt Eesti Vabariigi põhiseadusele seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist (RKKTS § 152¹ lg 1 p 1)
Sisukokkuvõte
Euroopa Komisjon avaldas 10.12.25 võrkude paketi, mille eesmärk on parandada ELi elektrivõrkude toimimist ja tugevdada üleeuroopalist energiaturgu, panustades seeläbi ühteaegu nii Euroopa julgeolekusse kui konkurentsivõime tugevdamisse.
Pakett näeb ette piiriülese taristu planeerimise, olemasoleva taristu tõhusama kasutamise, loamenetluste kiirendamise nii võrkude, taastuvenergia, salvestuse kui ka laadimisjaamade puhul, rahastusküsimuste käsitlemise (ülekoormustulu ja kulude jagamine) ning kriitilise taristu kaitse. Kavandatakse piiriülese võrguplaneerimise protsesside lihtsustamist ja paremat integreerimist, kus komisjoni eesmärk on senisest enam elektrivõrgu ühendusprojekte ja nn energiakiirteedede arendamist üleeuroopaliselt koordineerida.
2
Pakett sisaldab TEN-E määruse muutmise (COM (2025) 1006)1 ja loamenetluste kiirendamise direktiivi (COM (2025) 1007)2 eelnõusid ning Euroopa Komisjoni suuniseid võrguliitumiste3 ja hinnavahelepingute4 (CfD) kohta. Paketti raamistab komisjoni teatis5.
TEN-E määruse muudatusel on paketist kõige olulisem mõju Eestile, sest see aitab tugevdada kriitilise taristu kaitset ja tagada, et meie elektrivõrk oleks vastupidav kasvavatele koormustele ning julgeolekuriskidele. Samuti loob see selgema raamistiku kavandatavatele piiriülestele ühendustele, nagu Estlink 3 ja EstLat4, mis on vajalikud varustuskindluse parandamiseks ja piirkondliku energiajulgeoleku tugevdamiseks. Lisaks annab pakett aluse piiriüleste ühenduste kulude õiglasemaks jaotamiseks ning aitab vähendada Eesti tarbijate ja riigi rahalist koormust suurte investeeringute tegemisel.
Eesmärgid
Uus TEN-E määruse eelnõu
2013. aastal vastu võetud ja 2022. aastal ajakohastatud TEN-E määrus esitatake uuendatud sõnastuses. Määrus loob aluse piiriüleste ühishuvi energiataristuprojektide (PCIde) arendamiseks ja rahastamiseks. Määrust muudetakse, et lahendada praguseks esilekerkinud probleeme nagu piiriüleste elektrivõrkude ebapiisav arengutempo, alternatiivsete, nt digitaalsed ja mittevõrgulahendused lahenduste vähene arvestamine, aeglane projektide elluviimine kulude jagamise vaidluste ja pikkade loamenetluste tõttu ning kasvavad riskid taristu füüsilisele ja küberjulgeolekule.
Eesmärk on paremini suunata ühishuviprojekte tegelikele taristuvajadustele, kiirendada piiriüleste projektide elluviimist kulude jagamise vahendite abil, lihtsustada ja kiirendada loamenetlusi ning tugevdada energia taristu julgeolekut ja vastupidavust, vähendades samal ajal haldus- ja regulatiivkoormust.
1 Proposal for revised Trans-European Network for Energy (TEN-E) Regulation - Energy 2 Guidance on efficient grid connections - Energy - European Commission 3 Communication on European Grids Package - Energy - European Commission 4 Proposal for revised Directive to accelerate permit-granting procedures of infrastructure projects - Energy 5 Guidance on Contracts for difference - Energy - European Commission
3
Eelnõuga liigutakse nn alt-üles lähenemiselt ELi tasandilt juhitud lähenemise poole, kus Euroopa Komisjon saab senisest suurema rolli taristuvajaduste kesksete stsenaariumide koostamisel ning luuakse mehhanism taristulünkade katmiseks. Ühishuviprojektide ulatust laiendatakse, et hõlmata mittevõrgulahendusi ja siseliine. Kulude jaotamise osas luuakse raamistik piiriüleste projektide vabatahtlikuks koondamiseks, soodustades liikmesriikide ja kolmandate riikide koostööd.
Detailsemalt määruse muudatustest – ajakohastatakse eesmärke, mõisteid ja taristukategooriaid. Raamistik viiakse kooskõlla 2024. aasta gaasi ja vesiniku õiguspaketiga. Ühishuvi projektide puhul täpsustatakse hindamiskriteeriume ning tugevdatakse seiret ja julgeolekuriskide hindamist. Loamenetlustes antakse projektidele eelisstaatus, kiirendatakse ja digitaliseeritakse neid, laiendatakse vaikimisi heakskiitmist (v.a keskkonnaotsused). Suurendatakse ELi tasandi juhtimist – Komisjon kehtestab keskse stsenaariumi; ENTSO-E ja ENNOH koostavad taristuvajaduste aruanded; luuakse „vajaduste katmise“ mehhanism, kui projektid ei kata tuvastatud lünki. Suurendatakse läbipaistvust riikidevahelises kasujaotuses ning soodustatakse projektide koondamist (bundling) kulude jagamise lihtsustamiseks. Täpsustatakse piiriülest kulude jaotust (CBCA), suunatakse osa tuludest investeeringutesse ning võimaldatakse suurema riskiga projektidele sihitud stiimuleid. Tugevdatakse avamere- ja maismaataristu koordineeritud pikaajalist planeerimist ning seatakse piiriülesed eesmärgid. Täpsustatakse abikõlblikkuse kriteeriume uutele taristukategooriatele ja projektidele.
Loamenetluste kiirendamise direktiivi eelnõugaga muudetakse kolme direktiivi.
- Direktiivis (EL) 2018/2001 taastuvenergia kasutamise edendamise kohta soodustatakse taastuvenergia alade planeerimist, suurendatakse kogukondade kaasatust, kohustatakse riike looma ühtset digitaalset portaali taastuvenergia, salvestuse ja võrguprojektide loamenetluste jaoks, laiendatakse menetlustel vaikimisi heakskiidu võimalust, soodustatakse olemasolevate taastuvenergia (eriti tuuleenergia) rajatiste uuendamist, leevendades keskkonnanõudeid, lihtsustatakse loamenetlusi väikestele päikeseelektrijaamadele, energiasalvestitele, laadimistaristule ja hübriidprojektidele, laiendatakse taastuvenergia projektide käsitlemist ülekaaluka avaliku huvi objektina, koondatakse ja täpsustatakse võrguga liitumise sätted, laiendatakse nende kohaldamisala ning kehtestatakse selged menetlusreeglid ja tähtajad.
- Direktiivis (EL) 2019/944 elektrienergia siseturu ühiste normide kohta kehtestatakse ühtsed reeglid ülekande- ja jaotusvõrkude lubade andmiseks (sh pädevate asutuste piisavad ressursid, selged tähtajad, vaikimisi heakskiit, piirangud andmenõuete esitamise ajale ning kohustus luua digitaalsed loamenetluse platvormid). Elektrivõrkudele kehtestatakse ajutine ülekaaluka avaliku huvi eeldus ning ajutised erandid keskkonnamõju hindamisest.
4
Täpsustatakse alternatiivsete lahenduste hindamise ulatust ja kompenseerivate meetmete kohaldamist ELi keskkonnaõiguse raames. Luuakse riiklikul tasandil võrkude arendamise ja investeerimisotsuseid käsitlev raamistik.
- Direktiivis (EL) 2024/1788 taastuvenergiaallikatest toodetud gaasi, maagaasi ja vesiniku kohta kehtestatakse nõue tagada riiklikele pädevatele asutustele piisavad ressursid, näha ette haldusotsuste puhul vaikimisi heakskiit, kehtestada tähtaeg, mille jooksul asutused võivad projektide arendajatelt andmeid küsida, ning sätestada kohustus kasutada loamenetluste läbiviimiseks digitaalset platvormi.
Kas EL algatus reguleerib karistusi või haldustrahve? Ei
Kas nähakse ette uue asutuse loomine (järelevalvelised või muud asutused)? Ei
Kas lahenduse rakendamine vajab IT-arendusi? Jah, kuivõrd riikidele lisatakse kohustus võimaldada loamenetlusi ühtse digiportaali kaudu. Täpsem arendusvajadus vajab täiendavat analüüsi.
Mõju ja sihtrühm
Majandus
Ettevõtlus – Majanduslik mõju seisneb energiataristu ja -turu toimivuse parandamisest tekkivas majanduskeskkonna kindluses, mis tagab soodsama pinnase ettevõtjatele tegutsemiseks ja investeerimiseks meie piirkonnas. Ühishuvi projektidega seotud arendajatele kaasneb kiirem ja selgem loamenetlus, suurem investeerimiskindlus, parem ligipääs rahastusele, kuid ka kõrgemad nõuded julgeoleku, läbipaistvuse ja koordineerimise osas. Energiatarbijatele (tööstusettevõtted jt) kaasneb parem varustuskindlus, väiksemad süsteemikulud pikemas perspektiivis, kiirem taastuvenergia integreerimine ning väiksem risk hinnatõusudeks taristupuudujääkide tõttu.
Halduskoormus – Loamenetluste lihtsustamisega vähendatakse energiataristu projektide halduskoormust ning kiirendatakse lubade andmist.
Keskkond
Kliimamuutused – Mõjutatud sihtrühmadeks on elanikud, kohalikud kogukonnad ja ettevõtjad. Muudatustega soodustatakse taastuvenergia kasutuselevõttu ning seeläbi panustatakse süsinikuheite vähendamisse. Kohalike kogukondade kaasamise lahenduste kaudu soodustatakse sünergiat energiataristuvajaduste ja kohaliku elu edendamise vahel.
Riigivalitsemine
Riigieelarve
5
Vajab täiendavat analüüsi. Esiteks muudatustel on mõju riigi energiataristu ja selle kaitse investeeringukuludele seoses sellega, et muudatused loovad tingimused EL rahastusvõimalustele. Lahendusega võib kaasneda mõju riigieelarve kuludele ka seoses kohustusega tagada pädevatele asutusele piisavad tehnilised, rahalised ja inimressursid, samuti kohustusega luua lubade menetluseks digitaalsed platvormid. Samal ajal võib pädevate asutuste koormus väheneda seoses vaikiva heakskiidu kasutamise võimaluste laiendamisega lubade menetlustel.
Kaasamine
Kaasata kõik asjassepuutuvad partnerid ja huvirühmad, eelkõige energiaturuosalised Enefit, Elering.
Eelnõude infosüsteemis (EIS) on antud täitmiseks ülesanne. Eelnõu toimik: 19.1.1/26-0018 - COM(2025) 1006 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European energy infrastructure, amending Regulations (EU) 2019/942, (EU) 2019/943 and (EU) 2024/1789 and repealing Regulation (EU) 2022/869 Arvamuse andmine eelnõu kohta Kliimaministeeriumile vastavalt Riigikantselei 15.01.2026 resolutsioonile. Osapooled: Majandus- ja Kommunikatsiooniministeerium; Justiits- ja Digiministeerium; Rahandusministeerium; Välisministeerium Tähtaeg: 20.02.2026 23:59 Link eelnõu toimiku vaatele: https://eelnoud.valitsus.ee/main/mount/docList/18e5d6a1-0025-4434-970a-1904e9ccf966 Link menetlusetapile: https://eelnoud.valitsus.ee/main/mount/docList/18e5d6a1-0025-4434-970a-1904e9ccf966?activity=2 Eelnõude infosüsteem (EIS) https://eelnoud.valitsus.ee/main