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Commission Delegated Regulation (EU) 2022/342 of 21 December 2021 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council with regard to the specific selection criteria and the details of the process for selecting cross-border projects in the field of renewable energy

Commission Delegated Regulation (EU) 2022/342 of 21 December 2021 supplementing Regulation (EU) 2021/1153 of the European Parliament and of the Council with regard to the specific selection criteria and the details of the process for selecting cross-border projects in the field of renewable energy

Delegated Regulation (EU) 2022/342 · Regulation · 12 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

CHAPTER I — GENERAL PROVISIONS

Subject matter

Article 1

This Regulation lays down specific selection criteria and details of the process for selecting renewable energy cross-border projects pursuant to Article 7(2) of Regulation (EU) 2021/1153.

Definitions

Article 2

For the purposes of this Regulation, the following definitions apply: (1) ‘renewable energy cross-border project’ or ‘project’ means a cross-border project in the field of renewable energy within the meaning of Regulation (EU) 2021/1153; (2) ‘renewable energy’ means a renewable energy as defined in Article 2(1) of Directive (EU) 2018/2001; (3) ‘project promoter’ means a legal entity that develops a cross-border project in the field of renewable energy, including a Member State; (4) ‘application’ means an application to have a project selected as a cross-border project in the field of renewable energy by the Commission under Regulation (EU) 2021/1153; (5) ‘cooperation mechanism’ means cooperation between at least two Member States, or between at least one Member State and a non-EU country, that takes place in accordance with Articles 8, 9, 11 and 13 of Directive (EU) 2018/2001; (6) ‘cooperation agreement’ means a formal agreement setting up a cooperation mechanism; (7) ‘the draft list’ means the list of renewable energy cross-border projects as agreed by the Group referred to in point 4(b) of Annex Part IV of Regulation (EU) 2021/1153; (8) ‘the final list’ means the list of renewable energy cross-border projects as established by the Commission under point 4(g) of Annex Part IV of Regulation (EU) 2021/1153; (9) ‘host Member State’ means a Member State where the renewables generation facility is physically located; (10) ‘off-taking Member State’ means a Member State that makes a financial contribution to the renewables generation investment located in another Member State; (11) ‘participating Member States’ includes both off-taking and host Member States; (12) ‘storage’ means energy storage as defined in Article 2(59) of Directive (EU) 2019/944 of the European Parliament and of the Council  ( 5 ) .

CHAPTER II — SPECIFIC SELECTION CRITERIA FOR RENEWABLE ENERGY CROSS-BORDER PROJECTS

Eligible technologies, components and investments

Article 3

The following technologies, components and investments shall be eligible as part of the renewable energy cross-border projects: (a) Generation technologies based on any of the renewable energy sources listed in Directive (EU) 2018/2001; (b) Storage facilities both on and offsite, provided that they form an integral part of the project, effectively enable the integration of and are ancillary to a renewables generation facility; (c) Any system and component integrating information and communication technologies, including to improve predictability of renewables production and any equipment or installation essential for the investment to operate properly, including monitoring and control systems, provided they form an integral part of the project, effectively enable the integration of and are ancillary to a renewables generation facility; (d) Connection of the renewables generation either to the distribution or the transmission grid and, if applicable, of storage to either the transmission or distribution grid, provided they form an integral part of the project, effectively enable the integration of and are ancillary to a renewables generation facility; (e) Conversion of renewable electricity to renewable liquid and gaseous fuels of non-biological origin, including transformer or compression facilities, provided they form an integral part of the project, effectively enable the integration of and are ancillary to a renewables generation facility; (f) Any other technologies, components or investments specified in the relevant CEF work programmes and calls, that form an integral part of the project, effectively enable the integration of and are ancillary to a renewables generation facility.

Cooperation mechanisms setting up the renewable energy cross-border projects and application

Article 4

1.   For a project to be included in the draft list of renewable energy cross-border projects, it shall be set up by a cooperation mechanism. 2.   A project promoter applying for a project to be included in the draft list of renewable energy cross-border projects shall provide a written declaration of the participating Member States and, where relevant, third countries, expressing their willingness to conclude a cooperation agreement in order to set up the renewable energy cross-border project. The declaration does not require a specific format, but it shall be signed by the Ministries of the participating Member States in charge of implementing the cooperation agreement, including transit countries, where relevant and where the agreement requires the use of their infrastructure. 3.   The application to be included in the draft list shall include the information on the criteria for selection referred to in this Chapter.

Socioeconomic net benefits of the renewable energy cross-border projects

Article 5

1.   A project promoter applying for a project to be included in the draft list of renewable energy cross-border projects shall demonstrate that the potential overall cost savings in the deployment of renewables and/or the benefits for system integration, security of supply or innovation that are associated with the project outweigh its costs (‘socioeconomic net benefits’). 2.   The socioeconomic net benefits referred to in the previous paragraph shall be demonstrated for the period, which shall cover at least 15 years, starting with the first year of operation of the project and reflecting its technological lifetime. 3.   The estimation of the project’s socioeconomic net benefits referred to in the first paragraph shall be based on a cost-benefit analysis, prepared by the project promoter. The cost-benefit analysis shall include all elements referred to in point 3 of Annex Part IV of Regulation (EU) 2021/1153 and shall demonstrate the existence of socioeconomic net benefits in comparison to a similar project or renewable energy project implemented by one of the Member States participating in the cooperation agreement.

CHAPTER III — SELECTION PROCESS FOR THE LIST OF RENEWABLE ENERGY CROSS-BORDER PROJECTS

Group for renewable energy cross-border projects

Article 6

1.   The Commission shall set up a group for renewable energy cross-border projects (‘the Group’) which shall be composed of one representative of each Member State and one of the Commission. 2.   The representative of each Member State may be accompanied by other relevant parties, such as the national regulatory authority, transmission or distribution system operators, or permitting authorities. 3.   The Group shall invite, as appropriate, promoters of cross-border projects in the field of renewable energy and representatives of non-EU countries involved in renewable energy cross-border projects. 4.   The Group may invite to its meetings, as appropriate, organisations representing relevant stakeholders including producers, suppliers, consumers and organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishment of its tasks. 5.   The Group shall establish the draft list of projects to become renewable energy cross-border projects and shall monitor the implementation of the projects in the final list. 6.   The Group shall adopt its own rules of procedure and shall be chaired by a representative of the Commission.

Draft list of renewable energy cross-border projects

Article 7

1.   The Commission shall launch a call for applications to have a project selected as a renewable energy cross-border project at least once per year. 2.   Following an evaluation of the projects, in accordance with point 4(c) of Annex Part IV of Regulation (EU) 2021/1153, the Commission shall prepare and submit to the Group a list of the projects that comply with the selection criteria set out in Annex Part IV of Regulation (EU) 2021/1153, together with the relevant information referred to in point 4(d) of Annex Part IV of Regulation (EU) 2021/1153. The Commission shall not submit the full applications to the Group, or any information that was indicated by the applicant as commercially sensitive. 3.   On the basis of the information received from the Commission, the Group shall establish the draft list of projects to become renewable energy cross-border projects.

Final list of renewable energy cross-border projects

Article 8

1.   The Commission shall adopt the final list of renewable energy cross-border projects in accordance with Article 25(1)(b) of Regulation (EU) 2021/1153. The final list of projects shall not attribute ranking to the projects on the list. 2.   The final list shall reflect the draft list established by the Group in accordance with Article 7(3) of this Regulation. If the final list differs from the draft list, the Commission shall obtain the positive opinion of the Group before adopting the final list.

Review of the final list of renewable energy cross-border projects

Article 9

1.   The Commission shall review the list at least every 2 years. 2.   Without prejudice to the evaluation referred to in the previous paragraph, the Commission shall withdraw a project from the final list as soon as it establishes one of the following: (a) the project’s evaluation was based on incorrect information which was a determining factor in the evaluation; or (b) the project does not comply with Union law. 3.   The Commission may withdraw a project from the list if: (a) the endorsement by one or all of the participating Member States has been withdrawn; and/or (b) the project promoter informs the group that the project is no longer pursued; or (c) the project has not progressed since it was put on the list; or (d) the project has been completed. 4.   Before withdrawing a project from the list, the Commission shall consult the Group and shall take due account of the relevant information received from the members of the Group.

Monitoring the implementation of projects included in the list of renewable energy cross-border projects

Article 10

1.   The promoter of the project that is included in the final list shall submit a progress report with relevant updates of the project specification and implementation once per year to the Commission, and the Commission shall submit the report to the Group. 2.   If project promoters include commercially-sensitive information in their reporting, they shall indicate which information shall neither be made public nor be submitted to the Group in a manner that it allows the project to which the information refers to be identified. In this case, the Commission shall provide the information on monitoring of progress of the projects to the Group in an aggregated manner. 3.   For the purpose of the monitoring by the Group, the progress report submitted by the promoter shall include: (a) an updated project description and its status; (b) a timetable of the following as applicable: feasibility, design, permitting, construction, commissioning; (c) any administrative, legal, financial or other information that differs from the previously provided information. 4.   Based on the information on progress submitted by the Commission, the Group shall monitor the implementation of the projects. 5.   The Group may make recommendations pertaining to a specific project with a view to overcoming any possible delays in implementation. This may include actions to be taken in one or more Member States.

Information and publicity

Article 11

1.   The Commission shall publish information on the projects included in the final list of projects in a manner that is easily accessible to the general public. 2.   The Commission shall publish only non-commercially sensitive information of the project, such as project description, status, implementation timetable or location. 3.   The promoter of a project included in the final list shall publish at least the information indicated in the previous paragraph through its own webpage and update it at least every 6 months.

Entry into force

Article 12

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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