COMMISSION DELEGATED REGULATION (EU) No 1391/2013
of 14 October 2013
amending Regulation (EU) No 347/2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure as regards the Union list of projects of common interest
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 3(4) thereof,
Whereas:
(1)
Regulation (EU) No 347/2013 sets out a new framework for infrastructure planning and project implementation for the period up to 2020 and beyond. It identifies nine strategic geographic infrastructure priority corridors in the domains of electricity, gas and oil, and three Union-wide infrastructure priority areas for electricity highways, smart grids and carbon dioxide transportation networks, and establishes a transparent and inclusive process to identify concrete projects of common interest (PCIs). Projects labelled as PCIs will benefit from accelerated and streamlined permit granting procedures, better regulatory treatment and - where appropriate - financial support under the Connecting Europe Facility (CEF).
(2)
Pursuant to Article 3(4) of Regulation (EU) No 347/2013, the Commission is to be empowered to adopt delegated acts to establish the Union list of PCIs (Union list) on the basis of the regional lists adopted by the decision-making bodies of the Regional Groups as established under that Regulation.
(3)
Project proposals submitted for inclusion in the first Union list of PCIs were assessed by the Regional Groups established under Regulation (EU) No 347/2013 and composed of representatives of the Member States, national regulatory authorities, transmission system operators (TSOs), as well as the Commission, the Agency for the Cooperation of Energy Regulators (the Agency) and the European Network of Transmission System Operators for Electricity and Gas (ENTSO-E and ENTSOG).
(4)
In the context of the work of the Regional Groups, organisations representing relevant stakeholders, including producers, distribution system operators, suppliers, consumers, and organisations for environmental protection, were consulted.
(5)
The draft regional lists were agreed upon during a meeting at technical level, comprising representatives of the Commission and of the relevant Member States, on 13 July 2013. Following an opinion by the Agency on the draft regional lists submitted on 17 July 2013, the final regional lists were adopted by the decision-making bodies of the Regional Groups on 24 July 2013. All of the proposed projects obtained the approval of the Member States to which territory they relate, in accordance with Article 172 of the TFEU and with Article 3(3)(a) of Regulation (EU) No 347/2013.
(6)
The Union list of PCIs is based on the final regional lists. One project had to be removed from the list due to on-going discussions on the designation of Natura 2000 sites.
(7)
The projects on this first Union list of PCIs were assessed against, and found to meet, the criteria for projects of common interest set out in Article 4 of Regulation (EU) No 347/2013.
(8)
Cross-regional consistency was ensured, taking into account the opinion of the Agency submitted on 17 July 2013.
(9)
The PCIs are listed according to the order of the priority corridors set out in Annex I of Regulation (EU) No 347/2013. The list does not contain any ranking of projects.
(10)
PCIs are either listed as stand-alone PCIs or as part of a cluster of several PCIs. Some PCIs have been clustered because of their interdependent, potentially competing or competing nature (2). All PCIs are subject to the same rights and obligations established by Regulation (EU) No 347/2013.
(11)
The Union list contains PCIs in different stages of their development. Some are still in the early phases, i.e. the pre-feasibility, feasibility or assessment phases. In those cases, studies are still needed to demonstrate that the projects are technically and economically viable, and that they are compliant with Union legislation, and with Union environmental legislation in particular. In this context, potential impacts on the environment should be adequately identified, assessed and avoided or mitigated.
(12)
The inclusion of projects in the Union list of PCIs, in particular of those still in the early phases, is without prejudice to the outcome of relevant environmental assessment and permitting procedures. Projects not in compliance with Union legislation should be removed from the Union list of PCIs. The implementation of the PCIs, including their compliance with EU legislation, should be monitored at national level and pursuant to Article 5 of Regulation (EU) No 347/2013.
(13)
Pursuant to Article 3(4) of Regulation (EU) No 347/2013, the Union list is to take the form of an annex to that Regulation.
(14)
Regulation (EU) No 347/2013 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
An Annex VII is added to Regulation (EU) No 347/2013 in accordance with the Annex to this Regulation.
Article 2
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, 14 October 2013.