Single points of contact
1. By 30 December 2024 Member States shall establish or designate one or more authorities as single points of contact at the relevant administrative level. Each single point of contact shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and for providing information on streamlining the administrative processes in accordance with Article 7, including information on when an application is considered to be completed in accordance with Article 9(10).
2. Where a Member State establishes or designates more than one single point of contact pursuant to paragraph 1 of this Article the Member State shall provide tools to help project promoters identify the appropriate established or designated contact point on the online web page set up in accordance with Article 7.
3. A single point of contact established or designated pursuant to paragraph 1shall be the sole point of contact for the project promoter in the permit-granting process for a net-zero technology manufacturing project, including a net-zero strategic project. It shall coordinate and facilitate the submission of all relevant documents and information and shall notify the project promoter of the outcome of the comprehensive decision.
4. Project promoters shall be allowed to submit any documents relevant to the permit-granting process in electronic form.
5. The competent authorities shall ensure that any relevant studies carried out, or permits or authorisations issued, for a given project are taken into account and that no duplicate studies, permits or authorisations are required, unless otherwise required under Union or national law.
6. Member States shall ensure that applicants have easy access to information on and procedures for the settlement of disputes concerning the permit-granting process including, where applicable, alternative dispute resolution mechanisms, if such procedures are provided for by national law.
7. Member States shall ensure that the single point of contact and all competent authorities responsible for any step along the permit-granting processes, including all procedural steps, have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including, where appropriate, for up- skilling and re-skilling, for the effective performance of their tasks under this Regulation.
8. The Platform referred to in Articles 38 and 39 shall periodically discuss the implementation of this Section and Articles 15 and 16 and share best-practices for organising single points of contact.
9. The authorities involved in the permit-granting process and other authorities concerned shall specify and make available to the single point of contact concerned, the requirements and extent of information requested of a project promoter before the permit-granting process commences.
Online accessibility of information
Member States shall provide access to the following information on processes relevant to net-zero technology manufacturing projects, including net-zero strategic projects, online and in a centralised and easily accessible manner:
(a)
the single points of contact referred to in Article 6(1);
(b)
the permit-granting process, including information on dispute settlement;
(c)
financing and investment services;
(d)
funding possibilities at Union or Member State level;
(e)
business support services, including but not limited to corporate tax declaration, local tax laws or labour law.
Accelerating implementation
Member States shall provide administrative support to net-zero technology manufacturing projects located on their territory, to facilitate their timely and effective implementation, paying particular attention to SMEs involved in the projects, including by providing:
(a)
assistance with regard to compliance with applicable administrative and reporting obligations;
(b)
assistance to project promoters to inform the public with the aim of increasing public acceptance of the project;
(c)
assistance to project promoters along the permit-granting process, in particular for SMEs.
Duration of the permit-granting process
1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limits:
(a)
12 months for the construction or expansion of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;
(b)
18 months for the construction or expansion of net-zero technology manufacturing projects with a yearly manufacturing capacity of 1 GW or more.
2. The permit-granting process for net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, shall not exceed a time limit of 18 months.
3. Where energy-intensive industry decarbonisation projects, including when recognised as strategic projects, require the construction of several facilities or units in one site, the project promoter and the single point of contact may agree on splitting the project into several smaller projects for the purposes of complying with the applicable time limits.
4. Where an environmental impact assessment is required pursuant to Directive 2011/92/EU, the steps of the assessment referred to in Article 1(2), point (g)(i), of that Directive shall not be included in the duration of permit-granting process referred to in paragraphs 1 and 2 of this Article.
5. Where the consultation pursuant to Article 1(2), point (g)(ii), of Directive 2011/92/EU results in the need to supplement the environmental impact assessment report with additional information, the single point of contact may give the project promoter the opportunity to submit additional information. In that case, the single point of contact shall notify the project promoter of the date when the additional information is due, which shall be no less than 30 days from the date of the notification. The period between the deadline for providing additional information and the submission of that information shall not be counted towards the duration of the permit-granting process referred to in paragraphs 1 and 2 of this Article.
6. In exceptional cases, where the nature, complexity, location or size of the proposed net-zero technology manufacturing project or net-zero strategic project so requires, a Member State may once extend the time limits referred to in paragraphs 1, 2 and 7 of this Article and in Article 16(1) and (2) by a maximum of 3 months before their expiry and on a case-by-case basis.
7. Where a Member State considers that the proposed net-zero technology manufacturing project or net-zero strategic project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that measures to address identifiable risks have been put in place, it may extend the time limits referred to in paragraphs 1 and 2 of this Article and in Article 16 (1) and (2) by 6 months, within 6 months of the start of the permit-granting process.
8. In the application of paragraph 6 or 7, the single point of contact shall inform the project promoter in writing of the reasons for the extension and of the date when the comprehensive decision is expected.
9. The single point of contact referred to in Article 6(1) of this Regulation shall notify the project promoter of the date when the environmental impact assessment report referred in Article 5(1) of Directive 2011/92/EU is due, taking into account the organisation of the permit-granting process in the relevant Member State and the need to allow sufficient time to assess the report. The period between the deadline for providing the environmental impact report and the submission of that report shall not be counted towards the duration of the permit-granting process referred to in paragraphs 1 and 2 of this Article.
10. No later than 45 days from the receipt of the permit-granting application, the single point of contact concerned shall acknowledge that the application is complete or, if the project promoter has not sent all the information required to process the application, request the project promoter to submit a complete application without undue delay, specifying which information is missing. In the event that the submitted application is deemed to be incomplete for a second time, the single point of contact may, within 30 days of the second submission, make a second request for information. The single point of contact shall not request information in areas not covered in the first request for additional information and shall be entitled only to request further evidence to complete the identified missing information. The date of the acknowledgement of the completeness of the application from the single point of contact referred to in Article 6(1) shall serve as the start of the permit-granting process for that particular application.
11. No later than two months from the date of the receipt of the application, the single point of contact shall draw up, in close cooperation with other authorities concerned, a detailed schedule for the permit-granting process. That schedule shall start from the moment when the single point of contact acknowledges the completeness of the application. The schedule shall be published by the single point of contact on a free access website.
12. The time limits set in this Article and in Article 16 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.
13. The time limits set in this Article and in Article 16 for any of the permit-granting processes shall be without prejudice to any shorter time limits set by Member States.
Environmental assessments and authorisation
1. Where an environmental impact assessment is required pursuant to Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned may request, before submitting the application, an opinion from the single point of contact on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The single point of contact shall ensure that the opinion is issued as soon as possible and no later than 45 days from the date on which the project promoter submitted its request for an opinion.
2. Where the obligation to assess the effects on the environment arises simultaneously from any two or more of Directive 2000/60/EC, Directive 2001/42/EC of the European Parliament and of the Council ( 52 ) , Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, Directive 2011/92/EU, Directive 2012/18/EU or Directive 92/43/EEC, Member States shall ensure that a coordinated or joint procedures fulfilling all the requirements of those Union legislative acts are applied.
Under the coordinated procedure referred to in the first subparagraph, a competent authority shall coordinate the various individual assessments of the environmental impact of a particular project required by the relevant Union legislative acts.
Under the joint procedure referred to in the first subparagraph, a competent authority shall provide for a single assessment of the environmental impact of a particular project required by the relevant Union legislative acts. The application of the joint or coordinated procedure shall not affect the content of the environmental impact assessment.
3. Member States shall ensure that the competent authorities issue the reasoned conclusion referred to in Article 1(2), point (g)(iv), of Directive 2011/92/EU on the environmental impact assessment within 90 days of receiving all necessary information pursuant to Articles 5, 6 and 7 of that Directive and after completing the consultations referred to in Articles 6 and 7 of that Directive.
4. In exceptional cases, where the nature, complexity, location or size of the proposed project so requires, Member States may extend the time limit referred to in paragraph 3 by a maximum of 20 days, before its expiry and on a case-by-case basis. In that event, the single point of contact concerned shall inform the project promoter in writing of the reasons justifying the extension and of the deadline for its reasoned conclusion.
5. The timeframes for consulting the public concerned as referred to in Article 1(2), point (e), of Directive 2011/92/EU and the authorities referred to in Article 6(1) of that Directive on the environmental report referred to in Article 5(1) of that Directive shall not be longer than 85 days and, in accordance with article 6(7) of that Directive, not shorter than 30 days. In the cases falling under the second sub-paragraph of Article 6(4) of that Directive, that period shall be extended to a maximum of 90 days on a case-by-case basis.
6. Member States shall ensure that their competent authorities and other authorities designated pursuant to Article 6(1) of Directive 2011/92/EU have a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary to fulfil their obligations under this Article.
Planning
1. National, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, shall consider including in such plans, where appropriate, provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and, where appropriate, net-zero industry acceleration valleys, as well as the necessary infrastructure. Where considering to include such provisions, priority shall be given to artificial and built surfaces, industrial sites and brownfield sites. To facilitate the development of net-zero technology manufacturing projects, Member States shall ensure that all relevant spatial planning data is available online in accordance with Article 7.
2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, and their required infrastructure, and are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where applicable, the combined assessment shall also address the impact on potentially affected water bodies referred to in Directive 2000/60/EC. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU of the European Parliament and of the Council ( 53 ) , those impacts shall also be covered in the combined assessment. The fact that assessments are combined pursuant to this paragraph shall not affect their content or quality. The combined assessment shall be carried out in a manner that does not lead to a prolongation of the time limits set out in this Regulation.
Applicability of UNECE Conventions
1. This Regulation is without prejudice to the obligations under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991 and its Protocol on Strategic Environmental Assessment, signed in Kyiv on 21 May 2003.
2. All decisions adopted pursuant to this Section and Articles 8, 15, 16 and 28 shall be made publicly available in an easily understandable manner and all decisions concerning a net-zero technology manufacturing project or a net-zero strategic project shall be available on the same website.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
