HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
25.4.2013 Official
Journal
of
the
European
Union L
115/39
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) The
communication
from
the
Commission
entitled
EUROPEAN UNION,
‘Energy infrastructure priorities for 2020 and
beyond — A Blueprint for an integrated European
energy network’, followed by the Council conclusions
of 28 February 2011 and the European Parliament resol
Having regard to the Treaty on the Functioning of the European
ution (
Union, and in particular Article 172 thereof,

4 ), called for a new energy infrastructure policy to
optimise network development at European level for the
period up to 2020 and beyond, in order to allow the
Union to meet its core energy policy objectives of
Having regard to the proposal from the European Commission,
competitiveness, sustainability and security of supply.
After transmission of the draft legislative act to the national
parliaments,
(4) The
European
Council
of
4
February
2011
underlined
the need to modernise and expand Europe’s energy infra
structure and to interconnect networks across borders, in
order to make solidarity between Member States oper
Having regard to the opinion of the European Economic and
ational, to provide for alternative supply or transit routes
Social Committee ( 1 ),
and sources of energy and to develop renewable energy
sources in competition with traditional sources. It
insisted that no Member State should remain isolated
Having regard to the opinion of the Committee of the
from the European gas and electricity networks after
Regions ( 2 ),
2015 or see its energy security jeopardised by lack of
the appropriate connections.
Acting in accordance with the ordinary legislative procedure ( 3 ),
(5) Decision
No
1364/2006/EC
of
the
European
Parliament
and of the Council ( 5 ) lays down guidelines for trans-
Whereas:
European energy networks (TEN-E). Those guidelines
have as objectives to support the completion of the
Union internal energy market while encouraging the
(1) On
26
March
2010,
the
European
Council
agreed
to
the
rational production, transportation, distribution and use
Commission’s proposal to launch a new strategy ‘Europe
of energy resources, to reduce the isolation of less-
2020’. One of the priorities of the Europe 2020 strategy
favoured and island regions, to secure and diversify the
is sustainable growth to be achieved by promoting a
Union’s energy supplies, sources and routes, including
more resource-efficient, more sustainable and more
through cooperation with third countries, and to
competitive economy. That strategy put energy infra
contribute to sustainable development and protection
structures at the forefront as part of the flagship initiative
of the environment.
‘Resource efficient Europe’, by underlining the need to
urgently upgrade Europe’s networks, interconnecting
them at the continental level, in particular to integrate
renewable energy sources.
(6) Evaluation
of
the
current
TEN-E
framework
has
clearly
shown that this framework, while making a positive
contribution to selected projects by giving them
(2)
The target agreed in the conclusions of the March 2002
political visibility, lacks vision, focus, and flexibility to
Barcelona European Council for Member States to have a
fill identified infrastructure gaps. The Union should
level of electricity interconnections equivalent to at least
therefore increase its efforts to meet future challenges
to 10 % of their installed production capacity has not yet
in this field, and due attention should be paid to iden
been achieved.
tifying potential future gaps in energy demand and
supply.
( 1 ) OJ C 143, 22.5.2012, p. 125.
( 2 ) OJ C 277, 13.9.2012, p. 137.
( 4 ) European Parliament resolution of 5 July 2011 on energy infra
( 3 ) Position of the European Parliament of 12 March 2013 (not yet
structure priorities for 2020 and beyond (OJ C 33 E, 5.2.2013,
published in the Official Journal) and decision of the Council of
p. 46).
21 March 2013.
( 5 ) OJ L 262, 22.9.2006, p. 1.

---

L 115/40
EN
Official Journal of the European Union
25.4.2013
(7) Accelerating
the
refurbishment
of
existing
energy
infra
(11) The
importance
of
smart
grids
in
achieving
the
Union’s
structure and the deployment of new energy infra
energy policy objectives has been acknowledged in the
structure is vital to achieve the Union’s energy and
communication from the Commission of 12 April 2011
climate policy objectives, consisting of completing the
entitled ‘Smart grids: from innovation to deployment’.
internal market in energy, guaranteeing security of
supply, in particular for gas and oil, reducing greenhouse
gas emissions by 20 % (30 % if the conditions are right),
increasing the share of renewable energy in final energy
consumption to 20 % ( 1 ) and achieving a 20 % increase
in energy efficiency by 2020 whereby energy efficiency
(12) Energy storage facilities and reception, storage and rega
gains may contribute to reducing the need for
sification or decompression facilities for liquefied natural
construction of new infrastructures. At the same time,
gas (LNG) and compressed natural gas (CNG) have an
the Union has to prepare its infrastructure for further
increasingly important role to play in the European
decarbonisation of its energy system in the longer term
energy infrastructure. The expansion of such energy
towards 2050. This Regulation should therefore also be
infrastructure facilities forms an important component
able to accommodate possible future Union energy and
of a well-functioning network infrastructure.
climate policy objectives.
(8) Despite
the
fact
that
Directive
2009/72/EC
of
the (13) The communication from the Commission of
European Parliament and of the Council of 13 July
7 September 2011 entitled ‘The EU Energy Policy:
2009 concerning common rules for the internal market
Engaging with Partners beyond Our Borders’ underlined
in electricity
(
the need for the Union to include the promotion of

2 ) and Directive 2009/73/EC of the
European Parliament and of the Council of 13 July
energy infrastructure development in its external
2009 concerning common rules for the internal market
relations with a view to supporting socio-economic
in natural gas (
development beyond the Union borders. The Union

3 ) provide for an internal market in
energy, the market remains fragmented due to insuf
should facilitate infrastructure projects linking the
ficient interconnections between national energy
Union’s energy networks with third-country networks,
networks and to the suboptimal utilisation of existing
in particular with neighbouring countries and with
energy infrastructure. However, Union-wide integrated
countries with which the Union has established specific
networks and deployment of smart grids are vital for
energy cooperation.
ensuring a competitive and properly functioning inte
grated market, for achieving an optimal utilisation of
energy infrastructure, for increased energy efficiency
and integration of distributed renewable energy sources
and for promoting growth, employment and sustainable
(14) To
ensure voltage and frequency stability, particular
development.
attention should be focused on the stability of the
European electricity network under the changing
conditions caused by the growing inflow of energy
from renewable resources that are variable in nature.
(9) The
Union’s
energy
infrastructure
should
be
upgraded
in
order to prevent technical failure and to increase its
resilience against such failure, natural or man-made
disasters, adverse effects of climate change and threats
to its security, in particular as regards European critical
(15) The
investment
needs
up
to
2020
in
electricity
and
gas
infrastructures as set out in Council Directive
transmission infrastructures of European relevance have
2008/114/EC of 8 December 2008 on the identification
been estimated at about EUR 200 billion. The significant
and designation of European critical infrastructures and
increase in investment volumes compared to past trends
the assessment of the need to improve their protec
and the urgency of implementing the energy infra
tion ( 4 ).
structure priorities requires a new approach in the way
energy infrastructures, and in particular those of a cross-
border nature, are regulated and financed.
(10) Transporting
oil
through
land
pipelines
rather
than
over
water can make an important contribution to lowering
the environmental risk associated with the transportation
of oil.
(16) The
Commission
Staff
Working
Paper
for
the
Council
of
10 June 2011 entitled ‘Energy infrastructure investment
( 1 ) Directive 2009/28/EC of the European Parliament and of the
needs and financing requirements’ stressed that approxi
Council of 23 April 2009 on the promotion of the use of energy
mately half of the total investments needed for the
from renewable sources (OJ L 140, 5.6.2009, p. 16).
decade up to 2020 are at risk of not being delivered at
( 2 ) OJ L 211, 14.8.2009, p. 55.
( 3 ) OJ L 211, 14.8.2009, p. 94.
all or not in time due to obstacles related to the granting
( 4 ) OJ L 345, 23.12.2008, p. 75.
of permits, regulatory issues and financing.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/41
(17) This
Regulation
lays
down
rules
for
the
timely
devel
liquefied or compressed natural gas infrastructure, smart
opment and interoperability of trans-European energy
grids, electricity highways, carbon dioxide transport and
networks in order to achieve the energy policy objectives
oil infrastructure.
of the Treaty on the Functioning of the European Union
(TFEU) to ensure the functioning of the internal energy
market and security of supply in the Union, to promote
energy efficiency and energy saving and the development
of new and renewable forms of energy, and to promote
the interconnection of energy networks. By pursuing
(21) Projects of common interest should comply with
these objectives, this Regulation contributes to smart,
common, transparent and objective criteria in view of
sustainable and inclusive growth and brings benefits to
their contribution to the energy policy objectives. For
the entire Union in terms of competitiveness and
electricity and gas, in order to be eligible for inclusion
economic, social and territorial cohesion.
in the second and subsequent Union lists, projects should
be part of the latest available 10-year network devel
opment plan. This plan should notably take account of
the conclusions of the European Council of 4 February
2011 with regard to the need to integrate peripheral
energy markets.
(18) It is essential for the development of trans-European
networks and their effective interoperability to ensure
operational coordination between electricity transmission
system operators (TSOs). In order to ensure uniform
conditions for the implementation of the relevant
provisions of Regulation (EC) No 714/2009 of the
European Parliament and of the Council of 13 July
(22) Regional
groups
should
be
established
for
the
purpose
of
proposing and reviewing projects of common interest,
2009 on conditions for access to the network for
leading to the establishment of regional lists of projects
cross-border exchanges in electricity ( 1 ) in this respect,
of common interest. In order to ensure broad consensus,
implementing powers should be conferred on the
these regional groups should ensure close cooperation
Commission. Those powers should be exercised in
between Member States, national regulatory authorities,
accordance with Regulation (EU) No 182/2011 of the
project promoters and relevant stakeholders. The
European Parliament and of the Council of 16 February
cooperation should rely as much as possible on
2011 laying down the rules and general principles
existing regional cooperation structures of national regu
concerning mechanisms for control by Member States
latory authorities and TSOs and other structures estab
of the Commission’s exercise of implementing powers ( 2 ).
lished by the Member States and the Commission. In the
The examination procedure should be used for the
context of this cooperation, national regulatory auth
adoption of the guidelines on the implementation of
orities should, when necessary, advise the regional
operational coordination between electricity TSOs at
groups, inter alia on the feasibility of the regulatory
Union level, given that those guidelines will apply
aspects of proposed projects and on the feasibility of
generally to all TSOs.
the proposed timetable for regulatory approval.
(19) The Agency for the Cooperation of Energy Regulators
(the ‘Agency’) established by Regulation (EC) No
(23) In
order
to
ensure
that
the
Union
list
of
projects
of
713/2009 of the European Parliament and of the Coun
common interest (‘Union list’) is limited to projects
cil (
which contribute the most to the implementation of

3 ) is allocated important additional tasks under this
Regulation and should be given the right to levy fees for
the strategic energy infrastructure priority corridors and
some of these additional tasks.
areas, the power to adopt and review the Union list
should be delegated to the Commission in accordance
with Article 290 of the TFEU, while respecting the
right of the Member States to approve projects of
common interest related to their territory. According to
analysis carried out in the impact assessment accom
(20) Following
close
consultations
with
all
Member
States
and
panying the proposal that has led to this Regulation,
stakeholders, the Commission has identified 12 strategic
the number of such projects is estimated at some 100
trans-European energy infrastructure priorities, the imple
in the field of electricity and 50 in the field of gas.
mentation of which by 2020 is essential for the
Taking into account this estimate, and the need to
achievement of the Union’s energy and climate policy
ensure the achievement of the objectives of this Regu
objectives. These priorities cover different geographic
lation, the total number of projects of common interest
regions or thematic areas in the field of electricity trans
should remain manageable, and therefore should not
mission and storage, gas transmission, storage and
significantly exceed 220. The Commission, when
preparing and drawing up delegated acts, should ensure
the simultaneous, timely and appropriate transmission of
( 1 ) OJ L 211, 14.8.2009, p. 15.
( 2 ) OJ L 55, 28.2.2011, p. 13.
relevant documents to the European Parliament and to
( 3 ) OJ L 211, 14.8.2009, p. 1.
the Council.

---

L 115/42
EN
Official Journal of the European Union
25.4.2013
(24) A
new
Union
list
should
be
established
every
two
years.
treatment. Projects of common interest should be
Projects of common interest that are completed or that
considered by competent authorities as being in the
no longer fulfil the relevant criteria and requirements as
public interest. Authorisation should be given to
set out in this Regulation should not appear on the next
projects which have an adverse impact on the
Union list. For that reason, existing projects of common
environment, for reasons of overriding public interest,
interest that are to be included in the next Union list
when all the conditions under Council Directive
should be subject to the same selection process for the
92/43/EEC of 21 May 1992 on the conservation of
establishment of regional lists and for the establishment
natural habitats and of wild fauna and flora ( 1 ) and
of the Union list as proposed projects; however, care
Directive 2000/60/EC of the European Parliament and
should be taken to minimise the resulting administrative
of the Council of 23 October 2000 establishing a
burden as much as possible, for example by using to the
framework for Community action in the field of water
extent possible information submitted previously, and by
policy ( 2 ) are met.
taking account of the annual reports of the project
promoters.
(29) The
establishment
of
a
competent
authority
or
auth
orities integrating or coordinating all permit granting
(25) Projects
of
common
interest
should
be
implemented
as
processes (‘one-stop shop’) should reduce complexity,
quickly as possible and should be closely monitored and
increase efficiency and transparency and help enhance
evaluated, while keeping the administrative burden for
cooperation among Member States. Upon their desig
project promoters to a minimum. The Commission
nation, the competent authorities should be operational
should nominate European coordinators for projects
as soon as possible.
facing particular difficulties.
(30) Despite
the
existence
of
established
standards
for
the
(26) Permit
granting
processes
should
neither
lead
to
adminis
trative burdens which are disproportionate to the size or
participation of the public in environmental decision-
complexity of a project, nor create barriers to the devel
making procedures, additional measures are needed to
opment of the trans-European networks and market
ensure the highest possible standards of transparency
access. The conclusions of the Council of 19 February
and public participation for all relevant issues in the
2009 highlighted the need to identify and remove
permit granting process for projects of common interest.
barriers to investment, including by means of stream
lining of planning and consultation procedures. Those
conclusions were reinforced by the conclusions of the
European Council of 4 February 2011 which again
underlined the importance of streamlining and
(31) The
correct
and
coordinated
implementation
of
Directive
improving permit granting processes while respecting
2011/92/EU of the European Parliament and of the
national competences.
Council of 13 December 2011 on the assessment of
the effects of certain public and private projects on the
environment ( 3 ), of 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
(27) The
planning
and
implementation
of
Union
projects
of
and programmes on the environment ( 4 ), where appli
common interest in the areas of energy, transport and
cable, of the Convention on access to information,
telecommunication infrastructure should be coordinated
public participation in decision-making and access to
to generate synergies whenever to do so makes sense
justice in environmental matters, signed in Aarhus on
from an overall economic, technical, environmental or
25 June 1998 ( 5 ) (the ‘Aarhus Convention’), and of the
spatial planning point of view and with due regard to
Espoo Convention on environmental impact assessment
the relevant safety aspects. Thus, when the various
in a transboundary context (the ‘Espoo Convention’)
European networks are being planned, preference could
should ensure the harmonisation of the main principles
be given to integrating transport, communication and
for the assessment of environmental effects, including in
energy networks in order to ensure that as little land
a cross-border context. Member States should coordinate
as possible is taken up, whilst ensuring, where possible,
their assessments for projects of common interest, and
that existing or disused routes are reused, in order to
provide for joint assessments, where possible. Member
reduce to a minimum any negative social, economic,
States should be encouraged to exchange best practice
environmental and financial impact.
and administrative capacity-building for permit granting
processes.
( 1 ) OJ L 206, 22.7.1992, p. 7.
( 2 ) OJ L 327, 22.12.2000, p. 1.
( 3 ) OJ L 26, 28.1.2012, p. 1.
(28) Projects
of
common
interest
should
be
given
‘priority
( 4 ) OJ L 197, 21.7.2001, p. 30.
status’ at national level to ensure rapid administrative
( 5 ) OJ L 124, 17.5.2005, p. 4.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/43
(32) It is important to streamline and improve permit
(36) The basis for the discussion on the appropriate allocation
granting processes, while respecting — to the extent
of costs should be the analysis of the costs and benefits
possible with due regard to the principle of
of an infrastructure project on the basis of a harmonised
subsidiarity — national competences and procedures
methodology for energy-system-wide analysis, in the
for the construction of new infrastructure. Given the
framework of the 10-year network development plans
urgency of developing energy infrastructures, the simplifi
prepared by the European Networks of Transmission
cation of permit granting processes should be accom
System Operators under Regulation (EC) No 714/2009
panied by a clear time-limit for the decision to be
and Regulation (EC) No 715/2009 of the European
taken by the respective authorities regarding the
Parliament and of the Council of 13 July 2009 on
construction of the project. That time limit should
conditions for access to the natural gas transmission
stimulate a more efficient definition and handling of
networks ( 1 ), and reviewed by the Agency. That analysis
procedures, and should under no circumstances
could take into consideration indicators and
compromise the high standards for the protection of
corresponding reference values for the comparison of
the environment and public participation. With regard
unit investment costs.
to the maximum time limits established by this Regu
lation, Member States could nevertheless strive to further
shorten them if feasible. The competent authorities
should ensure compliance with the time limits, and
Member States should endeavour to ensure that appeals
challenging the substantive or procedural legality of a
(37) In
an
increasingly
integrated
internal
energy
market,
clear
comprehensive decision are handled in the most
and transparent rules for cost allocation across borders
efficient way possible.
are necessary in order to accelerate investment in cross-
border infrastructure. The European Council of
4 February 2011 recalled the importance of promoting
a regulatory framework attractive to investment in
networks, with tariffs set at levels consistent with
financing needs and the appropriate cost allocation for
(33) Where
Member
States
consider
it
appropriate,
they
may
cross-border investments, while enhancing competition
include in the comprehensive decision decisions taken in
and competitiveness and taking account of the impact
the context of: negotiations with individual landowners
on consumers. When deciding on cross-border cost allo
to granting access to, ownership of, or a right to occupy
cation, national regulatory authorities should ensure that
property; spatial planning which determines the general
its impact on national tariffs does not represent a dispro
land use of a defined region, includes other developments
portionate burden for consumers. The national regulatory
such as highways, railways, buildings and nature
authorities should also avoid the risks of double support
protection areas, and is not undertaken for the specific
for projects by taking into account actual or estimated
purpose of the planned project; granting of operational
charges and revenues. Those charges and revenues should
permits. In the context of the permit granting processes,
be taken into account only insofar as they are designed
a project of common interest could include related infra
to cover the costs concerned and as much as possible
structure to the extent that it is essential for the
related to the projects. When an investment request takes
construction or functioning of the project.
into account benefits beyond the borders of the Member
States concerned, the national regulatory authorities
should consult the TSOs concerned on the project-
specific cost-benefit analysis.
(34) This
Regulation,
in
particular
the
provisions
on
permit
granting, public participation and the implementation of
projects of common interest, should apply without
prejudice to international and Union law, including
(38) The
existing
internal
energy
market
law
requires
that
provisions to protect the environment and human
tariffs for access to gas and electricity networks provide
health, and provisions adopted under the Common
appropriate incentives for investment. When applying the
Fisheries and Maritime Policy.
internal energy market law, national regulatory auth
orities should ensure a stable and predictable regulatory
framework with incentives for projects of common
interest, including long-term incentives, that are
commensurate with the level of specific risk of the
project. This applies in particular to innovative trans
(35) The
costs
for
the
development,
construction,
operation
mission technologies for electricity allowing for large
and maintenance of projects of common interest should
scale integration of renewable energy, of distributed
in general be fully borne by the users of the infra
energy resources or of demand response in intercon
structure. Projects of common interest should be
nected networks, and to gas transmission infrastructure
eligible for cross-border cost allocation when an
offering advanced capacity or additional flexibility to the
assessment of market demand or of the expected
market to allow for short-term trading or back-up supply
effects on the tariffs have indicated that costs cannot
in case of supply disruptions.
be expected to be recovered by the tariffs paid by the
infrastructure users.
( 1 ) OJ L 211, 14.8.2009, p. 36.

---

L 115/44
EN
Official Journal of the European Union
25.4.2013
(39) This
Regulation
applies
only
to
the
granting
of
permits
financial assistance should ensure the necessary synergies
for, public participation in, and the regulatory treatment
with the Structural Funds, which will finance smart
of projects of common interest within the meaning set
energy distribution networks of local or regional
out herein. Member States may nevertheless apply, by
importance. A three-step logic applies to investments in
virtue of their national law, the same or similar rules
projects of common interest. First, the market should
to other projects which do not have the status of
have the priority to invest. Second, if investments are
projects of common interest within the scope of this
not made by the market, regulatory solutions should
Regulation. As regards the regulatory incentives,
be explored, if necessary the relevant regulatory
Member States may apply, by virtue of their national
framework should be adjusted, and the correct appli
law, the same or similar rules to projects of common
cation of the relevant regulatory framework should be
interest falling under the category of electricity storage.
ensured. Third, where the first two steps are not
sufficient to deliver the necessary investments in
projects of common interest, Union financial assistance
could be granted if the project of common interest fulfils
the applicable eligibility criteria.
(40) Member
States
that
currently
do
not
provide
for
a
legal
status of the highest national significance possible that is
attributable to energy infrastructure projects in the
context of permit granting processes should consider
introducing such a status, in particular by evaluating if
(43) Since the objective of this Regulation, namely the devel
this would lead to a quicker permit granting process.
opment and interoperability of trans-European energy
networks and connection to such networks, cannot be
sufficiently achieved by the Member States and can
therefore 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
(41) The European Energy Programme for Recovery (EEPR),
European Union. In accordance with the principle of
established by Regulation (EC) No 663/2009 of the
proportionality, as set out in that Article, this Regulation
European Parliament and of the Council ( 1 ) has demon
does not go beyond what is necessary in order to achieve
strated the added value of leveraging private funding
that objective.
through significant Union financial assistance to allow
the implementation of projects of European significance.
The European Council of 4 February 2011 recognised
that some energy infrastructure projects may require
limited public finance to leverage private funding. In
the light of the economic and financial crisis and
(44) Regulations (EC) No 713/2009, (EC) No 714/2009 and
budgetary constraints, targeted support, through grants
(EC) No 715/2009 should therefore be amended accord
and financial instruments, should be developed under
ingly.
the next multiannual financial framework, which will
attract new investors into the energy infrastructure
priority corridors and areas, while keeping the
budgetary contribution of the Union to a minimum.
The relevant measures should draw on the experience
gained during the pilot phase following the introduction
(45) Decision
No
1364/2006/EC
should
therefore
be
repealed,
of project bonds to finance infrastructure projects.
HAVE ADOPTED THIS REGULATION:
(42) Projects
of
common
interest
in
the
fields
of
electricity,
gas and carbon dioxide should be eligible to receive
Union financial assistance for studies and, under certain
conditions, for works as soon as such funding becomes
available under the relevant Regulation on a Connecting
Europe Facility in the form of grants or in the form of
CHAPTER I
innovative financial instruments. This will ensure that
GENERAL PROVISIONS
tailor-made support can be provided to those projects
of common interest which are not viable under the
Article 1
existing regulatory framework and market conditions. It
is important to avoid any distortion of competition, in
Subject matter and scope
particular between projects contributing to the
1. This Regulation lays down guidelines for the timely devel
achievement of the same Union priority corridor. Such
opment and interoperability of priority corridors and areas of
trans-European energy infrastructure set out in Annex I (‘energy
( 1 ) OJ L 200, 31.7.2009, p. 31.
infrastructure priority corridors and areas’).

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/45
2. In
particular,
this
Regulation:
(5) ‘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;
(a) addresses the identification of projects of common interest
necessary to implement priority corridors and areas falling
under the energy infrastructure categories in electricity, gas,
oil, and carbon dioxide set out in Annex II (‘energy infra
structure categories’);
(6) ‘project
promoter’
means
one
of
the
following:
(b) facilitates the timely implementation of projects of common
(a) a TSO, distribution system operator or other operator
interest by streamlining, coordinating more closely, and
or investor developing a project of common interest;
accelerating permit granting processes and by enhancing
public participation;
(b) where there are several TSOs, distribution system oper
(c) provides rules and guidance for the cross-border allocation
ators, other operators, investors, or any group thereof,
of costs and risk-related incentives for projects of common
the entity with legal personality under the applicable
interest;
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
(d) determines the conditions for eligibility of projects of
arrangement;
common interest for Union financial assistance.
(7) ‘smart
grid’
means
an
electricity
network
that
can
integrate
Article 2
in a cost efficient manner the behaviour and actions of all
Definitions
users connected to it, including generators, consumers and
those that both generate and consume, in order to ensure
For the purpose of this Regulation, in addition to the definitions
an economically efficient and sustainable power system
provided for in Directives 2009/28/EC, 2009/72/EC and
with low losses and high levels of quality, security of
2009/73/EC, Regulations (EC) No 713/2009, (EC) No
supply and safety;
714/2009, and (EC) No 715/2009, the following definitions
shall apply:
(8) ‘works’ means the purchase, supply and deployment of
(1) ‘energy infrastructure’ means any physical equipment or
components, systems and services including software, the
facility falling under the energy infrastructure categories
carrying out of development and construction and instal
which is located within the Union or linking the Union
lation activities relating to a project, the acceptance of
and one or more third countries;
installations and the launching of a project;
(2) ‘comprehensive decision’ means the decision or set of
(9) ‘studies’
means
activities
needed
to
prepare
project
imple
decisions taken by a Member State authority or authorities
mentation, such as preparatory, feasibility, evaluation,
not including courts or tribunals, that determines whether
testing and validation studies, including software, and
or not a project promoter is to be granted authorisation to
any other technical support measure including prior
build the energy infrastructure to realise a project without
action to define and develop a project and decide on its
prejudice to any decision taken in the context of an
financing, such as reconnaissance of the sites concerned
administrative appeal procedure;
and preparation of the financial package;
(3) ‘project’ means one or several lines, pipelines, facilities,
equipments or installations falling under the energy infra
(10) ‘national regulatory authority’ means a national regulatory
structure categories;
authority designated in accordance with Article 35(1) of
Directive 2009/72/EC or Article 39(1) of Directive
2009/73/EC;
(4) ‘project of common interest’ means a project necessary to
implement the energy infrastructure priority corridors and
areas set out in Annex I and which is part of the Union
(11) ‘commissioning’ means the process of bringing a project
list of projects of common interest referred to in Article 3;
into operation once it has been constructed.

---

L 115/46
EN
Official Journal of the European Union
25.4.2013
CHAPTER II
5. The
Commission
shall,
when
adopting
the
Union
list
on
the basis of the regional lists:
PROJECTS OF COMMON INTEREST
Article 3
(a) ensure that only those projects that fulfil the criteria referred
Union list of projects of common interest
to in Article 4 are included;
1. This
Regulation
establishes
twelve
Regional
Groups
(‘Groups’) as set out in Annex III.1. The membership of each
Group shall be based on each priority corridor and area and
(b) ensure cross-regional consistency, taking into account the
their respective geographical coverage as set out in Annex I.
opinion of the Agency as referred to in Annex III.2(12);
Decision-making powers in the Groups shall be restricted to
Member States and the Commission, who shall, for those
purposes, be referred to as the decision-making body of the
(c) take into account any opinions of Member States as referred
Groups.
to in Annex III.2(9); and
(d) aim for a manageable total number of projects of common
2. Each Group shall adopt its own rules of procedure, having
interest on the Union list.
regard to the provisions set out in Annex III.
6. Projects
of
common
interest
included
on
the
Union
list
pursuant to paragraph 4 of this Article shall become an integral
3. The
decision-making
body
of
each
Group
shall
adopt
a part of the relevant regional investment plans under Article 12
regional list of proposed projects of common interest drawn up
of Regulations (EC) No 714/2009 and (EC) No 715/2009 and
according to the process set out in Annex III.2, according to the
of the relevant national 10-year network development plans
contribution of each project to implementing the energy infra
under Article 22 of Directives 2009/72/EC and 2009/73/EC
structure priority corridors and areas and according to their
and other national infrastructure plans concerned, as appro
fulfilment of the criteria set out in Article 4.
priate. Those projects shall be conferred the highest possible
priority within each of those plans.
When a Group draws up its regional list:
Article 4
Criteria for projects of common interest
1. Projects
of
common
interest
shall
meet
the
following
(a) each individual proposal for a project of common interest
general criteria:
shall require the approval of the Member States, to whose
territory the project relates; if a Member State decides not to
give its approval, it shall present its substantiated reasons
(a) the project is necessary for at least one of the energy infra
for doing so to the Group concerned;
structure priority corridors and areas;
(b) the potential overall benefits of the project, assessed
(b) it shall take into account advice from the Commission that
according to the respective specific criteria in paragraph 2,
is aimed at having a manageable total number of projects of
outweigh its costs, including in the longer term; and
common interest.
(c) the project meets any of the following criteria:
4. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 16 that establish the Union list
(i) involves at least two Member States by directly crossing
of projects of common interest (‘Union list’), subject to the
the border of two or more Member States;
second paragraph of Article 172 of the TFEU. The Union list
shall take the form of an annex to this Regulation.
(ii) is located on the territory of one Member State and has
a significant cross-border impact as set out in Annex
IV.1;
In exercising its power, the Commission shall ensure that the
Union list is established every two years, on the basis of the
regional lists adopted by the decision-making bodies of the
(iii) crosses the border of at least one Member State and a
Groups as established in Annex III.1(2), following the
European Economic Area country.
procedure set out in paragraph 3 of this Article.
2. The
following
specific
criteria
shall
apply
to
projects
of
common interest falling within specific energy infrastructure
The first Union list shall be adopted by 30 September 2013.
categories:

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/47
(a) for electricity transmission and storage projects falling under
(ii) efficiency and interoperability of electricity transmission
the energy infrastructure categories set out in Annex II.1(a)
and distribution in day-to-day network operation;
to (d), the project is to contribute significantly to at least
one of the following specific criteria:
(iii) network security, system control and quality of supply;
(i) market integration, inter alia through lifting the
isolation of at least one Member State and reducing
(iv) optimised planning of future cost-efficient network
energy infrastructure bottlenecks; competition and
investments;
system flexibility;
(v) market functioning and customer services;
(ii) sustainability, inter alia through the integration of
renewable energy into the grid and the transmission
of renewable generation to major consumption
(vi) involvement of users in the management of their
centres and storage sites;
energy usage;
(iii) security of supply, inter alia through interoperability,
(d) for oil transport projects falling under the energy infra
appropriate connections and secure and reliable
structure categories set out in Annex II.3, the project is to
system operation;
contribute significantly to all of the following specific
criteria:
(b) for gas projects falling under the energy infrastructure
categories set out in Annex II.2, the project is to contribute
(i) security of supply reducing single supply source or
significantly to at least one of the following specific criteria:
route dependency;
(ii) efficient and sustainable use of resources through miti
(i) market integration, inter alia through lifting the
gation of environmental risks;
isolation of at least one Member State and reducing
energy infrastructure bottlenecks; interoperability and
system flexibility;
(iii) interoperability;
(ii) security of supply, inter alia through appropriate
connections and diversification of supply sources,
(e) for carbon dioxide transport projects falling under the
supplying counterparts and routes;
energy infrastructure categories set out in Annex II.4, the
project is contribute significantly to all of the following
specific criteria:
(iii) competition, inter alia through diversification of supply
sources, supplying counterparts and routes;
(i) the avoidance of carbon dioxide emissions while main
taining security of energy supply;
(iv) sustainability, inter alia through reducing emissions,
supporting intermittent renewable generation and
(ii) increasing the resilience and security of carbon dioxide
enhancing deployment of renewable gas;
transport;
(iii) the efficient use of resources, by enabling the
(c) for electricity smart grid projects falling under the energy
connection of multiple carbon dioxide sources and
infrastructure category set out in Annex II.1(e), the project is
storage sites via common infrastructure and minimising
to contribute significantly to all of the following specific
environmental burden and risks.
criteria:
3. For
projects
falling
under
the
energy
infrastructure
(i) integration and involvement of network users with new
categories set out in Annex II.1 to 3, the criteria listed in this
technical requirements with regard to their electricity
Article shall be assessed in accordance with the indicators set
supply and demand;
out in Annex IV.2 to 5.

---

L 115/48
EN
Official Journal of the European Union
25.4.2013
4. In
order
to
facilitate
the
assessing
of
all
projects
that
could 2. TSOs,
distribution
system
operators
and
other
operators
be eligible as projects of common interest and that could be
shall co-operate with each other in order to facilitate the devel
included in a regional list, each Group shall assess each project’s
opment of projects of common interest in their area.
contribution to the implementation of the same 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
3. The
Agency
and
the
Groups
concerned
shall
monitor
the
paragraph 2; this assessment shall lead to a ranking of
progress achieved in implementing the projects of common
projects for internal use of the Group. Neither the regional
interest and, if necessary, make recommendations to facilitate
list nor the Union list shall contain any ranking, nor shall the
the implementation of projects of common interest. The Groups
ranking be used for any subsequent purpose except as described
may request that additional information be provided in
in Annex III.2(14).
accordance with paragraphs 4, 5 and 6, convene meetings
with the relevant parties and invite the Commission to verify
the information provided on site.
When assessing projects, each Group shall furthermore give due
consideration to:
4. By
31
March
of
each
year
following
the
year
of
inclusion
(a) the urgency of each proposed project in order to meet the
of a project of common interest on the Union list pursuant to
Union energy policy targets of market integration, inter alia
Article 3, project promoters shall submit an annual report, for
through lifting the isolation of at least one Member State
each project falling under the categories set out in Annex II.1
and competition, sustainability and security of supply;
and 2, to the competent authority referred to in Article 8 and
either to the Agency or, for projects falling under the categories
set out in Annex II.3 and 4, to the respective Group. That
(b) the number of Member States affected by each project,
report shall give details of:
whilst ensuring equal opportunities for projects involving
peripheral Member States;
(a) the progress achieved in the development, construction and
commissioning of the project, in particular with regard to
(c) the contribution of each project to territorial cohesion; and
permit granting and consultation procedures;
(d) complementarity with regard to other proposed projects.
(b) where relevant, delays compared to the implementation
plan, the reasons for such delays and other difficulties
For smart grids projects falling under the energy infrastructure
encountered;
category set out in Annex II.1(e), 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
(c) where relevant, a revised plan aiming at overcoming the
share of generation from non-dispatchable resources in the area
delays.
covered by these users.
Article 5
5. Within three months of the receipt of the annual reports
Implementation and monitoring
referred to in paragraph 4 of this Article, the Agency shall
submit to the Groups a consolidated report for the projects
1. Project
promoters
shall
draw
up
an
implementation
plan of common interest falling under the categories set out in
for projects of common interest, including a timetable for each
Annex II.1 and 2, evaluating the progress achieved and make,
of the following:
where appropriate, recommendations on how to overcome the
delays and difficulties encountered. That consolidated report
shall also evaluate, in accordance with Article 6(8) and (9) of
(a) feasibility and design studies;
Regulation (EC) No 713/2009, the consistent implementation of
the Union-wide network development plans with regard to the
energy infrastructure priority corridors and areas.
(b) approval by the national regulatory authority or by any
other authority concerned;
6. Each
year,
the
competent
authorities
referred
to
in
Article 8 shall report to the respective Group on the progress
(c) construction and commissioning;
and, where relevant, on delays in the implementation of projects
of common interest located on their respective territory with
regard to the permit granting processes, and on the reasons for
(d) the permit granting schedule referred to in Article 10(4)(b).
such delays.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/49
7. If the commissioning of a project of common interest is
obligations arising from Chapter III, except where the project
delayed compared to the implementation plan, other than for
is no longer on the list for the reasons set out in paragraph 8.
overriding reasons beyond the control of the project promoter:
10. This
Article
shall
be
without
prejudice
to
any
Union
(a) in so far as measures referred to in Article 22(7)(a), (b) or (c)
financial assistance granted to any project of common interest
of Directives 2009/72/EC and 2009/73/EC are applicable
prior to its removal from the Union list.
according to respective national laws, national regulatory
authorities shall ensure that the investment is carried out;
Article 6
European coordinators
(b) if the measures of national regulatory authorities according
1. Where a project of common interest encounters
to point (a) are not applicable, the project promoter shall
significant implementation difficulties, the Commission may
choose a third party to finance or construct all or part of
designate, in agreement with the Member States concerned, a
the project. The project promoter shall do so before the
European coordinator for a period of up to one year renewable
delay compared to the date of commissioning in the imple
twice.
mentation plan exceeds two years;
2. The
European
coordinator
shall:
(c) if a third party is not chosen according to point (b), the
Member State or, when the Member State has so provided,
the national regulatory authority may, within two months
(a) promote the projects, for which he has been designated
of the expiry of the period referred to in point (b), designate
European coordinator and the cross-border dialogue
a third party to finance or construct the project which the
between the project promoters and all concerned stake
project promoter shall accept;
holders;
(d) if the delay compared to the date of commissioning in the
(b) assist all parties as necessary in consulting concerned stake
implementation plan exceeds two years and two months,
holders and obtaining necessary permits for the projects;
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
(c) if appropriate, advise project promoters on the financing of
becoming a project promoter to build the project
the project;
according to an agreed timeline;
(d) ensure that appropriate support and strategic direction by
the Member States concerned are provided for the prep
(e) when points (c) or (d) are applied, the system operator in
aration and implementation of the projects;
whose area the investment is located shall provide the
implementing operators or investors or third party with
all the information needed to realise the investment, shall
(e) submit every year, and if appropriate, upon completion of
connect new assets to the transmission network and shall
their mandate, a report to the Commission on the progress
generally make its best efforts to facilitate the implemen
of the projects and on any difficulties and obstacles which
tation of the investment and the secure, reliable and efficient
are likely to significantly delay the commissioning date of
operation and maintenance of the project of common
the projects. The Commission shall transmit the report to
interest.
the European Parliament and the Groups concerned.
8. A
project
of
common
interest
may
be
removed
from
the 3. The European coordinator shall be chosen on the basis of
Union list according to the procedure set out in Article 3(4) if
his experience with regard to the specific tasks assigned to him
its inclusion in that list was based on incorrect information
for the projects concerned.
which was a determining factor for that inclusion, or the
project does not comply with Union law.
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
9. Projects which are no longer on the Union list shall lose
the methodology to be followed. The coordination effort shall
all rights and obligations linked to the status of project of
be proportionate to the complexity and estimated costs of the
common interest arising from this Regulation.
projects.
However, a project which is no longer on the Union list but for
5. The
Member
States
concerned
shall
fully
cooperate
with
which an application file has been accepted for examination by
the European coordinator in his execution of the tasks referred
the competent authority shall maintain the rights and
to in paragraphs 2 and 4.

---

L 115/50
EN
Official Journal of the European Union
25.4.2013
CHAPTER III
8. With
regard
to
the
environmental
impacts
addressed
in
Article 6(4) of Directive 92/43/EEC and Article 4(7) of
PERMIT GRANTING AND PUBLIC PARTICIPATION
Directive 2000/60/EC, projects of common interest shall be
Article 7
considered as being of public interest from an energy policy
perspective, and may be considered as being of overriding
‘Priority status’ of projects of common interest
public interest, provided that all the conditions set out in
1. The adoption of the Union list shall establish, for the
these Directives are fulfilled.
purposes of any decisions issued in the permit granting
process, the necessity of these projects from an energy policy
perspective, without prejudice to the exact location, routing or
technology of the project.
Should the opinion of the Commission be required in
accordance with Directive 92/43/EEC, the Commission and
the competent authority referred to in Article 9 of this Regu
lation shall ensure that the decision with regard to the over
riding public interest of a project is taken within the time limit
2. For
the
purpose
of
ensuring
efficient
administrative pursuant to Article 10(1) of this Regulation.
processing of the application files related to projects of
common interest, project promoters and all authorities
concerned shall ensure that the most rapid treatment legally
possible is given to these files.
Article 8
Organisation of the permit granting process
1. By
16
November
2013,
each
Member
State
shall
designate
3. Where
such
status
exists
in
national
law,
projects
of one national competent authority which shall be responsible for
common interest shall be allocated the status of the highest
facilitating and coordinating the permit granting process for
national significance possible and be treated as such in permit
projects of common interest.
granting processes — and if national law so provides, in spatial
planning — including those relating to environmental assess
ments, in the manner such treatment is provided for in national
law applicable to the corresponding type of energy infra
2. The
responsibility
of
the
competent
authority
referred
to
structure.
in paragraph 1 and/or the tasks related to it may be delegated
to, or carried out by, another authority, per project of common
interest or per particular category of projects of common
interest, provided that:
4. By
16
August
2013,
the
Commission
shall
issue
non-
binding guidance to support Member States in defining
adequate legislative and non-legislative measures to streamline
the environmental assessment procedures and to ensure the
(a) the competent authority notifies the Commission of that
coherent application of environmental assessment procedures
delegation and the information therein is published by
required under Union law for projects of common interest.
either the competent authority or the project promoter on
the website referred to in Article 9(7);
5. Member
States
shall
assess,
taking
due
account
of
the (b) only one authority is responsible per project of common
guidance referred to in paragraph 4, which measures to
interest, is the sole point of contact for the project promoter
streamline the environmental assessment procedures and to
in the process leading to the comprehensive decision for a
ensure their coherent application are possible, and shall
given project of common interest, and coordinates the
inform the Commission of the result.
submission of all relevant documents and information.
6. By nine months from the date of issue of the guidance
The competent authority may retain the responsibility to
referred to in paragraph 4, Member States shall take the non-
establish time limits, without prejudice to the time limits set
legislative measures that they have identified under paragraph 5.
in accordance with Article 10.
3. Without
prejudice
to
relevant
requirements
under
inter
7. By 24 months from the date of issue of the guidance
national and Union law, the competent authority shall take
referred to in paragraph 4, Member States shall take the legis
actions to facilitate the issuing of the comprehensive decision.
lative measures that they have identified under paragraph 5.
The comprehensive decision shall be issued within the time
These measures shall be without prejudice to obligations
limit referred to in Article 10(1) and (2) and according to
resulting from Union law.
one of the following schemes:

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/51
(a) integrated scheme: the comprehensive decision shall be
Acknowledging the national specificities in planning and permit
issued by the competent authority and shall be the sole
granting processes, Member States may choose among the three
legally binding decision resulting from the statutory
schemes referred to in points (a), (b) and (c) of the first
permit granting procedure. Where other authorities are
subparagraph to facilitate and coordinate their procedures and
concerned by the project, they may, in accordance with
shall opt to implement the most effective scheme. Where a
national law, give their opinion as input to the procedure,
Member State chooses the collaborative scheme, it shall
which shall be taken into account by the competent auth
inform the Commission of its reasons therefor. The
ority;
Commission shall undertake an evaluation of the effectiveness
of the schemes in the report referred to in Article 17.
(b) coordinated scheme: the comprehensive decision comprises
multiple individual legally binding decisions issued by
4. Member
States
may
apply
different
schemes
as
set
out
in
several authorities concerned, which shall be coordinated
paragraph 3 to onshore and offshore projects of common
by the competent authority. The competent authority may
interest.
establish a working group where all concerned authorities
are represented in order to draw up a permit granting
schedule in accordance with Article 10(4)(b), and to
monitor and coordinate its implementation. The
5. If
a
project
of
common
interest
requires
decisions
to
be
competent authority shall, in consultation with the other
taken in two or more Member States, the respective competent
authorities concerned, where applicable in accordance with
authorities shall take all necessary steps for efficient and
national law, and without prejudice to time limits set in
effective cooperation and coordination among themselves,
accordance with Article 10, establish on a case-by-case
including as regards the provisions referred to in Article 10(4).
basis a reasonable time limit within which the individual
Member States shall endeavour to provide for joint procedures,
decisions shall be issued. The competent authority may
particularly with regard to the assessment of environmental
take an individual decision on behalf of another national
impacts.
authority concerned, if the decision by that authority is not
delivered within the time limit and if the delay cannot be
adequately justified; or, where provided under national law,
and to the extent that this is compatible with Union law,
the competent authority may consider that another national
Article 9
authority concerned has either given its approval or refusal
Transparency and public participation
for the project if the decision by that authority is not
delivered within the time limit. Where provided under
1. By
16
May
2014,
the
Member
State
or
competent
national law, the competent authority may disregard an
authority shall, where applicable in collaboration with other
individual decision of another national authority
authorities concerned, publish a manual of procedures for the
concerned if it considers that the decision is not sufficiently
permit granting process applicable to projects of common
substantiated with regard to the underlying evidence
interest. The manual shall be updated as necessary and made
presented by the national authority concerned; when
available to the public. The manual shall at least include the
doing so, the competent authority shall ensure that the
information specified in Annex VI.1. The manual shall not be
relevant requirements under international and Union law
legally binding, but it may refer to or quote relevant legal
are respected and shall duly justify its decision;
provisions.
2. Without
prejudice
to
any
requirements
under
the
Aarhus
(c) collaborative scheme: the comprehensive decision shall be
and Espoo Conventions and relevant Union law, all parties
coordinated by the competent authority. The competent
involved in the permit granting process shall follow the prin
authority shall, in consultation with the other authorities
ciples for public participation set out in of Annex VI.3.
concerned, where applicable in accordance with national
law, and without prejudice to time limits set in accordance
with Article 10, establish on a case-by-case basis a
reasonable time limit within which the individual
decisions shall be issued. It shall monitor compliance with
3. The
project
promoter
shall,
within
an
indicative
period
of
the time limits by the authorities concerned.
three months of the start of the permit granting process
pursuant to Article 10(1)(a), draw up and submit a concept
for public participation to the competent authority, following
the process outlined in the manual referred to in paragraph 1
and in line with the guidelines set out in Annex VI. The
If an individual decision by an authority concerned is not
competent authority shall request modifications or approve
expected to be delivered within the time limit, that authority
the concept for public participation within three months; in
shall inform the competent authority without delay and include
so doing, the competent authority shall take into consideration
a justification for the delay. Subsequently, the competent
any form of public participation and consultation that took
authority shall reset the time limit within which that individual
place before the start of the permit granting process, to the
decision shall be issued, whilst still complying with the overall
extent that such public participation and consultation has
time limits set in accordance with Article 10.
fulfilled the requirements of this Article.

---

L 115/52
EN
Official Journal of the European Union
25.4.2013
Where the project promoter intends to make significant changes
Article 10
to an approved concept, it shall inform the competent authority
thereof. In that case the competent authority may request modi
Duration and implementation of the permit granting
fications.
process
1. The permit granting process shall consist of two
procedures:
4.
At least one public consultation shall be carried out by the
project promoter, or, where required by national law, by the
competent authority, before submission of the final and
(a) The pre-application procedure, covering the period between
complete application file to the competent authority pursuant
the start of the permit granting process and the acceptance
to Article 10(1)(a). This shall be without prejudice to any public
of the submitted application file by the competent authority,
consultation to be carried out after submission of the request
shall take place within an indicative period of two years.
for development consent according to Article 6(2) of Directive
2011/92/EU. The public consultation shall inform stakeholders
referred to in Annex VI.3(a) about the project at an early stage
and shall help to identify the most suitable location or trajectory
This procedure shall include the preparation of any envi
and the relevant issues to be addressed in the application file.
ronmental reports to be prepared by the project promoters.
The minimum requirements applicable to this public consul
tation are specified in Annex VI.5.
For the purpose of establishing the start of the permit
granting process, the project promoters shall notify the
project to the competent authority of the Member States
The project promoter shall prepare a report summarising the
concerned in written form, and shall include a reasonably
results of activities related to the participation of the public
detailed outline of the project. No later than three months
prior to the submission of the application file, including those
following the receipt of the notification, the competent
activities that took place before the start of the permit granting
authority shall, including on behalf of other authorities
process. The project promoter shall submit that report together
concerned, acknowledge or, if it considers the project as
with the application file to the competent authority. Due
not mature enough to enter the permit granting process,
account shall be taken of these results in the comprehensive
reject the notification in written form. In the event of a
decision.
rejection, the competent authority shall justify its decision,
including on behalf of other authorities concerned. The date
of signature of the acknowledgement of the notification by
the competent authority shall serve as the start of the
5. For
projects
crossing
the
border
of
two
or
more
Member
permit granting process. Where two or more Member
States, the public consultations pursuant to paragraph 4 in each
States are concerned, the date of the acceptance of the
of the Member States concerned shall take place within a period
last notification by the competent authority concerned
of no more than two months from the date on which the first
shall serve as the date of the start of the permit granting
public consultation started.
process.
6. For
projects
likely
to
have
significant
adverse
cross-border (b) The statutory permit granting procedure, covering the
impacts in one or more neighbouring Member States, where
period from the date of acceptance of the submitted appli
Article 7 of Directive 2011/92/EU and the Espoo Convention
cation file until the comprehensive decision is taken, shall
are applicable, the relevant information shall be made available
not exceed one year and six months. Member States may set
to the competent authority of the neighbouring Member States.
an earlier date for the time-limit, if considered appropriate.
The competent authority of the neighbouring Member States
shall indicate, in the notification process where appropriate,
whether it, or any other authority concerned, wishes to
2. The
combined
duration
of
the
two
procedures
referred
to
participate in the relevant public consultation procedures.
in paragraph 1 shall not exceed a period of three years and six
months. However, where the competent authority considers that
one or both of the two procedures of the permit granting
process will not be completed before the time limits as set
7. The
project
promoter,
or,
where
national
law
so
provides, out in paragraph 1, it may decide, before their expiry and on
the competent authority, shall establish and regularly update a
a case by case basis, to extend one or both of those time limits
website with relevant information about the project of common
by a maximum of nine months for both procedures combined.
interest, which shall be linked to the Commission website and
which shall meet the requirements specified in Annex VI.6.
Commercially sensitive information shall be kept confidential.
In that case, the competent authority shall inform the Group
concerned and present to the Group concerned the measures
taken or to be taken to conclude the permit granting process
Project promoters shall also publish relevant information by
with the least possible delay. The Group may request the
other appropriate information means to which the public has
competent authority to report regularly on progress achieved
open access.
in this regard.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/53
3. In
Member
States
where
the
determination
of
a
route
or authority’s opinion on this as early as possible during the pre-
location undertaken solely for the specific purpose of a planned
application procedure. The project promoter shall cooperate
project, including the planning of specific corridors for grid
fully with the competent authority to meet deadlines and
infrastructures, cannot be included in the process leading to
comply with the detailed schedule as defined in paragraph 4(b).
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 promoter.
6. The
time
limits
laid
down
in
this
Article
shall
be
without
prejudice to obligations arising from international and Union
law, and without prejudice to administrative appeal procedures
and judicial remedies before a court or tribunal.
In that case, the extension period referred to in paragraph 2
shall be reduced to six months, including for the procedure
referred to in this paragraph.
CHAPTER IV
REGULATORY TREATMENT
4. The pre-application procedure shall comprise the
Article 11
following steps:
Energy system wide cost-benefit analysis
1. By
16
November
2013,
the
European
Network
of
Trans
mission System Operators (ENTSO) for Electricity and the
(a) upon the acknowledgement of the notification pursuant to
ENTSO for Gas shall publish and submit to Member States,
paragraph 1(a), the competent authority shall identify, in
the Commission and the Agency their respective methodologies,
close cooperation with the other authorities concerned,
including on network and market modelling, for a harmonised
and where appropriate on the basis of a proposal by the
energy system-wide cost-benefit analysis at Union level for
project promoter, the scope of material and level of detail of
projects of common interest falling under the categories set
information to be submitted by the project promoter, as
out in Annex II.1(a) to (d) and Annex II.2. Those methodologies
part of the application file, to apply for the comprehensive
shall be applied for the preparation of each subsequent 10-year
decision. The checklist referred to in Annex VI.1(e) shall
network development plan developed by the ENTSO for Elec
serve as a basis for this identification;
tricity or the ENTSO for Gas pursuant to Article 8 of Regulation
(EC) No 714/2009 and Article 8 of Regulation (EC) No
715/2009. The methodologies shall be drawn up in line with
the principles laid down in Annex V and be consistent with the
(b) the competent authority shall draw up, in close cooperation
rules and indicators set out in Annex IV.
with the project promoter and other authorities concerned
and taking into account the results of the activities carried
out under point (a), a detailed schedule for the permit
granting process in line with the guidelines set out in
Prior to submitting their respective methodologies, the ENTSO
Annex VI.(2);
for Electricity and the ENTSO for Gas shall conduct an extensive
consultation process involving at least the organisations repre
senting all relevant stakeholders — and, if deemed appropriate,
the stakeholders themselves — national regulatory authorities
and other national authorities.
For projects crossing the border between two or more
Member States, the competent authorities of the Member
States concerned shall prepare a joint schedule, in which
they endeavour to align their timetables;
2. Within three months of the day of receipt of the method
ologies, the Agency shall provide an opinion to Member States
and the Commission on the methodologies and publish it.
(c) upon receipt of the draft application file, the competent
authority shall, if necessary, and including on behalf of
other authorities concerned, make further requests
3. Within three months of the receipt of the opinion of the
regarding missing information to be submitted by the
Agency, the Commission shall, and Member States may, deliver
project promoter, which may only address subjects
an opinion on the methodologies. The opinions shall be
identified under point (a). Within three months of the
submitted to the ENTSO for Electricity or the ENTSO for Gas.
submission of the missing information, the competent
authority shall accept for examination the application in
written form. Requests for additional information may
only be made if they are justified by new circumstances.
4. Within three months of the day of receipt of the last
opinion received under paragraph 3, the ENTSO for Electricity
and the ENTSO for Gas shall adapt their methodologies taking
due account of the opinions received from Member States, the
5. The
project
promoter
shall
ensure
the
completeness
and Commission’s opinion and the Agency’s opinion, and submit
adequate quality of the application file and seek the competent
them to the Commission for approval.

---

L 115/54
EN
Official Journal of the European Union
25.4.2013
5. Within two weeks of the approval by the Commission,
other charges, be paid for by network users through tariffs for
the ENTSO for Electricity and the ENTSO for Gas shall publish
network access in that or those Member States.
their respective methodologies on their websites. They shall
transmit the corresponding input data sets as defined in
Annex V.1 and other relevant network, load flow and market
data in a sufficiently accurate form according to national law
and relevant confidentiality agreements to the Commission and
2. For
a
project
of
common
interest
falling
under
the
the Agency, upon request. The data shall be valid at the date of
categories set out in Annex II.1(a), (b) and (d) and Annex II.2,
the request. The Commission and the Agency shall ensure the
paragraph 1 shall apply only if at least one project promoter
confidential treatment of the data received, by themselves and
requests the relevant national authorities to apply this Article
by any party carrying out analytical work for them on the basis
for all or parts of the costs of the project. For a project of
of those data.
common interest falling under the categories set out in Annex
II.2, paragraph 1 shall apply only where an assessment of
market demand has already been carried out and indicated
that the efficiently incurred investment costs cannot be
expected to be covered by the tariffs.
6. The
methodologies
shall
be
updated
and
improved
regularly in accordance with paragraphs 1 to 5. The Agency,
on its own initiative or upon a duly reasoned request by
national regulatory authorities or stakeholders, and after
formally consulting the organisations representing all relevant
Where a project has several project promoters, the relevant
stakeholders and the Commission, may request such updates
national regulatory authorities shall without delay request all
and improvements with due justification and timescales. The
project promoters to submit the investment request jointly in
Agency shall publish the requests by national regulatory auth
accordance with paragraph 3.
orities or stakeholders and all relevant non-commercially
sensitive documents leading to a request from the Agency for
an update or improvement.
3. For
a
project
of
common
interest
to
which
paragraph
1
applies, the project promoters shall keep all concerned national
7. By 16 May 2015, national regulatory authorities regulatory authorities regularly informed, at least once per year,
cooperating in the framework of the Agency shall establish
and until the project is commissioned, of the progress of that
and make publicly available a set of indicators and
project and the identification of costs and impacts associated
corresponding reference values for the comparison of unit
with it.
investment costs for comparable projects of the infrastructure
categories included in Annex II.1 and 2. Those reference values
may be used by the ENTSO for Electricity and the ENTSO for
Gas for the cost-benefit analyses carried out for subsequent 10-
year network development plans.
As soon as such a project has reached sufficient maturity, the
project promoters, after having consulted the TSOs from the
Member States to which the project provides a significant net
positive impact, shall submit an investment request. That
investment request shall include a request for a cross-border
8. By
31
December
2016,
the
ENTSO
for
Electricity
and
the cost allocation and shall be submitted to all the national regu
ENTSO for Gas shall jointly submit to the Commission and the
latory authorities concerned, accompanied by the following:
Agency a consistent and interlinked electricity and gas market
and network model including both electricity and gas trans
mission infrastructure as well as storage and LNG facilities,
covering the energy infrastructure priority corridors and areas
and drawn up in line with the principles laid down in Annex V.
(a) a project-specific cost-benefit analysis consistent with the
After approval of this model by the Commission according to
methodology drawn up pursuant to Article 11 and taking
the procedure set out in paragraphs 2 to 4, it shall be included
into account benefits beyond the borders of the Member
in the methodologies.
State concerned;
Article 12
(b) a business plan evaluating the financial viability of the
Enabling investments with cross-border impacts
project, including the chosen financing solution, and, for a
project of common interest falling under the category
1. The
efficiently
incurred
investment
costs,
which
excludes
referred to in Annex II.2, the results of market testing; and
maintenance costs, related to a project of common interest
falling under the categories set out in Annex II.1(a), (b) and
(d) and Annex II.2 shall be borne by the relevant TSO or the
project promoters of the transmission infrastructure of the
Member States to which the project provides a net positive
(c) if the project promoters agree, a substantiated proposal for a
impact, and, to the extent not covered by congestion rents or
cross-border cost allocation.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/55
If a project is promoted by several project promoters, they shall
cross-border benefit and shall therefore not constitute a basis
submit their investment request jointly.
for allocating costs to the TSO of the Member States affected by
those negative externalities.
For projects included in the first Union list, project promoters
shall submit their investment request by 31 October 2013.
5. National
regulatory
authorities
shall,
based
on
the
cross-
border cost allocation as referred to in paragraph 4 of this
Article, take into account actual costs incurred by a TSO or
other project promoter as a result of the investments when
A copy of each investment request shall be transmitted for
fixing or approving tariffs in accordance with Article 37(1)(a)
information without delay by the national regulatory authorities
of Directive 2009/72/EC and Article 41(1)(a) of Directive
to the Agency on receipt.
2009/73/EC, insofar as these costs correspond to those of an
efficient and structurally comparable operator.
The national regulatory authorities and the Agency shall
preserve the confidentiality of commercially sensitive
information.
The cost allocation decision shall be notified, without delay, by
the national regulatory authorities to the Agency, together with
all the relevant information with respect to the decision. In
particular, the information shall contain detailed reasons on
4. Within six months of the date on which the last
the basis of which costs were allocated among Member States,
investment request was received by the national regulatory auth
such as the following:
orities concerned, the national regulatory authorities shall, after
consulting the project promoters concerned, take coordinated
decisions on the allocation of investment costs to be borne by
each system operator for the project, as well as their inclusion
(a) an evaluation of the identified impacts, including concerning
in tariffs. The national regulatory authorities may decide to
network tariffs, on each of the concerned Member States;
allocate only part of the costs, or may decide to allocate costs
among a package of several projects of common interest.
(b) an evaluation of the business plan referred to in paragraph
3(b);
When allocating the costs, the national regulatory authorities
shall take into account actual or estimated:
(c) regional or Union-wide positive externalities, which the
— congestion rents or other charges,
project would generate;
— revenues stemming from the inter-transmission system
(d) the result of the consultation of the project promoters
operator compensation mechanism established under
concerned.
Article 13 of Regulation (EC) No 714/2009.
The cost allocation decision shall be published.
In deciding to allocate costs across borders, the economic, social
and environmental costs and benefits of the projects in the
Member States concerned and the possible need for financial
support shall be taken into account.
6. Where
the
national
regulatory
authorities
concerned
have
not reached an agreement on the investment request within six
months of the date on which the request was received by the
In deciding to allocate costs across borders, the relevant
last of the national regulatory authorities concerned, they shall
national regulatory authorities, in consultation with the TSOs
inform the Agency without delay.
concerned, shall seek a mutual agreement based on, but not
limited to, the information specified in paragraph 3(a) and (b).
In this case or upon a joint request from the national regulatory
authorities concerned, the decision on the investment request
If a project of common interest mitigates negative externalities,
including cross-border cost allocation referred to in paragraph 3
such as loop flows, and that project of common interest is
as well as the way the cost of the investments are reflected in
implemented in the Member State at the origin of the
the tariffs shall be taken by the Agency within three months of
negative externality, such mitigation shall not be regarded as a
the date of referral to the Agency.

---

L 115/56
EN
Official Journal of the European Union
25.4.2013
Before taking such a decision, the Agency shall consult the
project of common interest falling under the categories set
national regulatory authorities concerned and the project
out in Annex II.1(a), (b) and (d) and Annex II.2, compared to
promoters. The three-month period referred to in the second
the risks normally incurred by a comparable infrastructure
subparagraph may be extended by an additional period of two
project, Member States and national regulatory authorities
months where further information is sought by the Agency.
shall ensure that appropriate incentives are granted to that
That additional period shall begin on the day following
project in accordance with Article 37(8) of Directive
receipt of the complete information.
2009/72/EC, Article 41(8) of Directive 2009/73/EC, Article 14
of Regulation (EC) No 714/2009, and Article 13 of Regulation
(EC) No 715/2009.
The cost allocation decision shall be published. Articles 19 and
20 of Regulation (EC) No 713/2009 shall be applicable.
The first subparagraph shall not apply where the project of
7. A
copy
of
all
cost
allocation
decisions,
together
with
all common interest has received:
the relevant information with respect to each decision, shall be
notified, without delay, by the Agency to the Commission. That
information may be submitted in aggregate form. The
Commission shall preserve the confidentiality of commercially
(a) an exemption from Articles 32, 33, 34 and Article 41(6),
sensitive information.
(8) and (10) of Directive 2009/73/EC pursuant to Article 36
of Directive 2009/73/EC;
8. This
cost
allocation
decision
shall
not
affect
the
right
of
TSOs to apply and national regulatory authorities to approve
charges for access to networks in accordance with Article 32 of
(b) an exemption from Article 16(6) of Regulation (EC) No
Directive 2009/72/EC and of Directive 2009/73/EC, Article 14
714/2009 or an exemption from Article 32 and
of Regulation (EC) No 714/2009, and Article 13 of Regulation
Article 37(6) and (10) of Directive 2009/72/EC pursuant
(EC) No 715/2009.
to Article 17 of Regulation (EC) No 714/2009;
9. This
Article
shall
not
apply
to
projects
of
common
(c) an exemption under Article 22 of Directive 2003/55/EC; or
interest having received:
(a) an exemption from Articles 32, 33, 34 and Article 41(6),
(d) an exemption under Article 7 of Regulation (EC) No
(8) and (10) of Directive 2009/73/EC pursuant to Article 36
1228/2003.
of Directive 2009/73/EC;
(b) an exemption from Article 16(6) of Regulation (EC) No
2. The
decision
of
the
national
regulatory
authorities
for
714/2009 or an exemption from Article 32 and
granting the incentives referred to in paragraph 1 shall
Article 37(6) and (10) of Directive 2009/72/EC pursuant
consider the results of the cost-benefit analysis on the basis
to Article 17 of Regulation (EC) No 714/2009;
of the methodology drawn up pursuant to Article 11 and in
particular the regional or Union-wide positive externalities
generated by the project. The national regulatory authorities
(c) an exemption under Article 22 of Directive 2003/55/EC (
shall further analyse the specific risks incurred by the project

1 );
or
promoters, the risk mitigation measures taken and the justifi
cation of this risk profile in view of the net positive impact
provided by the project, when compared to a lower-risk alter
(d) an exemption under Article 7 of Regulation (EC) No
native. Eligible risks shall notably include risks related to new
1228/2003 (
transmission technologies, both onshore and offshore, risks

2 ).
related to under-recovery of costs and development risks.
Article 13
Incentives
3. The
incentive
granted
by
the
decision
shall
take
account
of
the specific nature of the risk incurred and may cover inter alia:
1. Where
a
project
promoter
incurs
higher
risks
for
the
development, construction, operation or maintenance of a
( 1 ) Directive 2003/55/EC of the European Parliament and of the
(a) the rules for anticipatory investment; or
Council of 26 June 2003 concerning common rules for the
internal market in natural gas (OJ L 176, 15.7.2003, p. 57).
( 2 ) Regulation (EC) No 1228/2003 of the European Parliament and of
the Council of 26 June 2003 on conditions for access to the
network for cross-border exchanges in electricity (OJ L 176,
(b) the rules for recognition of efficiently incurred costs before
15.7.2003, p. 1).
commissioning of the project; or

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/57
(c) the rules for providing additional return on the capital
of significant positive externalities, such as security of
invested for the project; or
supply, solidarity or innovation;
(d) the any other measure deemed necessary and appropriate.
(b) the project has received a cross-border cost allocation
decision pursuant to Article 12; or, for projects of
4. By
31
July
2013,
each
national
regulatory
authority
shall
common interest falling under the category set out in
submit to the Agency its methodology and the criteria used to
Annex II.1(c) and that therefore do not receive a cross-
evaluate investments in electricity and gas infrastructure projects
border cost allocation decision, the project shall aim to
and the higher risks incurred by them, where available.
provide services across borders, bring technological inno
vation and ensure the safety of cross-border grid operation;
5. By
31
December
2013,
taking
due
account
of
the
information received pursuant to paragraph 4 of this Article,
the Agency shall facilitate the sharing of good practices and
make recommendations in accordance with Article 7(2) of
(c) the project is commercially not viable according to the
Regulation (EC) No 713/2009 regarding:
business plan and other assessments carried out, notably
by possible investors or creditors or the national regulatory
authority. The decision on incentives and its justification
referred to in Article 13(2) shall be taken into account
(a) the incentives referred to in paragraph 1 on the basis of a
when assessing the project’s commercial viability.
benchmarking of best practice by national regulatory auth
orities;
(b) a common methodology to evaluate the incurred higher
3. Projects
of
common
interest
carried
out
in
accordance
risks of investments in electricity and gas infrastructure
with the procedure referred to in Article 5(7)(d) shall also be
projects.
eligible for Union financial assistance in the form of grants for
works if they fulfil the criteria set out in paragraph 2 of this
Article.
6. By
31
March
2014,
each
national
regulatory
authority
shall publish its methodology and the criteria used to evaluate
investments in electricity and gas infrastructure projects and the
higher risks incurred by them.
4. Projects
of
common
interest
falling
under
the
categories
set out in Annex II.1(e) and 4 shall be also eligible for Union
financial assistance in the form of grants for works, if the
7. Where
the
measures
referred
to
in
paragraphs
5
and
6
are concerned project promoters can clearly demonstrate the
not sufficient to ensure the timely implementation of projects of
significant positive externalities generated by the projects and
common interest, the Commission may issue guidelines
their lack of commercial viability, according to the business
regarding the incentives laid down in this Article.
plan and other assessments carried out, notably by possible
investors or creditors or, where applicable, a national regulatory
authority.
CHAPTER V
FINANCING
Article 14
Article 15
Eligibility of projects for Union financial assistance
Guidance for the award criteria of Union financial
1. Projects
of
common
interest
falling
under
the
categories
assistance
set out in Annex II.1, 2 and 4 are eligible for Union financial
assistance in the form of grants for studies and financial instru
The specific criteria set out in Article 4(2) and the parameters
ments.
set out in Article 4(4) shall also fulfil the role of objectives for
the purpose of establishing award criteria for Union financial
assistance in the relevant Regulation on a Connecting Europe
Facility.
2. Projects
of
common
interest
falling
under
the
categories
set out in Annex II.1(a) to (d) and Annex II.2, except for hydro-
pumped electricity storage projects, are also eligible for Union
financial assistance in the form of grants for works if they fulfil
all of the following criteria:
Article 16
Exercise of the delegation
(a) the project specific cost-benefit analysis pursuant to
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Article 12(3)(a) provides evidence concerning the existence
Commission subject to the conditions laid down in this Article.

---

L 115/58
EN
Official Journal of the European Union
25.4.2013
2. The power to adopt delegated acts referred to in Article 3
evolution of energy prices, as well as the number of
shall be conferred on the Commission for a period of four years
network system failure events, their causes and related
from 15 May 2013. The Commission shall draw up a report in
economic cost;
respect of the delegation of power not later than nine months
before the end of this period. The delegation of power shall be
tacitly extended for periods of an identical duration, unless the
(d) permit granting and public participation, in particular:
European Parliament or the Council opposes such extension not
later than three months before the end of each period.
(i) the average and maximum total duration of permit
granting processes for projects of common interest,
including the duration of each step of the pre-appli
3. The
delegation
of
power
referred
to
in
Article
3
may
be
cation procedure, compared to the timing foreseen by
revoked at any time by the European Parliament or by the
the initial major milestones referred to in Article 10(4);
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
(ii) the level of opposition faced by projects of common
therein. It shall not affect the validity of any delegated acts
interest (notably number of written objections during
already in force.
the public consultation process, number of legal
recourse actions);
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
(iii) an overview of best and innovative practices with
notify it simultaneously to the European Parliament and to the
regard to stakeholder involvement and mitigation of
Council.
environmental impact during permit granting
processes and project implementation;
5. A
delegated
act
adopted
pursuant
to
Article
3
shall
enter
(iv) the effectiveness of the schemes foreseen in Article 8(3)
into force only if no objection has been expressed either by the
regarding compliance with the time limits set under
European Parliament or the Council within a period of two
Article 10;
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
(e) regulatory treatment, in particular:
Commission that they will not object. That period shall be
extended by two months at the initiative of the European
Parliament or of the Council.
(i) the number of projects of common interest having been
granted a cross-border cost allocation decision pursuant
to Article 12;
CHAPTER VI
FINAL PROVISIONS
(ii) the number and type of projects of common interest
Article 17
having received specific incentives pursuant to
Article 13;
Reporting and evaluation
Not later than 2017, the Commission shall publish a report on
the implementation of projects of common interest and submit
(f) the effectiveness of this Regulation in contributing to the
it to the European Parliament and the Council. This report shall
goals for market integration by 2014 and 2015, to the
provide an evaluation of:
climate and energy targets for 2020, and, in the longer
term, to the move toward a low-carbon economy by 2050.
(a) the progress achieved for the planning, development,
Article 18
construction and commissioning of projects of common
interest selected pursuant to Article 3, and, where
Information and publicity
relevant, delays in implementation and other difficulties
The Commission shall establish by six months after the date of
encountered;
adoption of the first Union list an infrastructure transparency
platform easily accessible to the general public, including via the
internet. This platform shall contain the following information:
(b) the funds engaged and disbursed by the Union for projects
of common interest, compared to the total value of funded
projects of common interest;
(a) general, updated information, including geographic
information, for each project of common interest;
(c) for the electricity and gas sectors, the evolution of the inter
(b) the implementation plan as set out in Article 5(1) for each
connection level between Member States, the corresponding
project of common interest;

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/59
(c) the main results of the cost-benefit analysis on the basis of
Article 21
the methodology drawn up pursuant Article 11 for the
projects of common interest concerned, except for any
Amendments to Regulation (EC) No 714/2009
commercially sensitive information;
Regulation (EC) No 714/2009 is hereby amended as follows:
(d) the Union list;
(1) Article 8 is amended as follows:
(e) the funds allocated and disbursed by the Union for each
(a) in paragraph 3, point (a) is replaced by the following:
project of common interest.
‘(a) common network operation tools to ensure coor
Article 19
dination of network operation in normal and
Transitional provisions
emergency conditions, including a common
incident classification scale, and research plans.
This Regulation shall not affect the granting, continuation or
These tools shall specify inter alia:
modification of financial assistance awarded by the Commission
on the basis of calls for proposals launched under Regulation
(EC) No 680/2007 of the European Parliament and of the
Council of 20 June 2007 laying down general rules for the
(i) the information, including appropriate day
granting of Community financial aid in the field of the trans-
ahead, intra-day and real-time information,
European transport and energy networks ( 1 ) to projects listed in
useful for improving operational coordination,
Annexes I and III to Decision No 1364/2006/EC or in view of
as well as the optimal frequency for the
the targets, based on the relevant categories of expenditure for
collection and sharing of such information;
TEN-E, as defined in Council Regulation (EC) No 1083/2006 of
11 July 2006 laying down general provisions on the European
Regional Development Fund, the European Social Fund and the
Cohesion Fund ( 2 ).
(ii) the technological platform for the exchange of
information in real time and where appropriate,
the technological platforms for the collection,
processing and transmission of the other
For projects of common interest in the permit granting process
information referred to in point (i), as well as
for which a project promoter has submitted an application file
for the implementation of the procedures
before 16 November 2013, the provisions of Chapter III shall
capable of increasing operational coordination
not apply.
between transmission system operators with a
view to such coordination becoming Union-
wide;
Article 20
Amendments to Regulation (EC) No 713/2009
(iii) how transmission system operators make
In Regulation (EC) No 713/2009, paragraph 1 of Article 22 is
available the operational information to other
replaced by the following:
transmission system operators or any entity
duly mandated to support them to achieve
operational coordination, and to the Agency;
and
‘1. Fees
shall
be
due
to
the
Agency
for
requesting
an
exemption decision pursuant to Article 9(1) and for
decisions on cross border cost allocation provided by the
Agency pursuant to Article 12 of Regulation (EU) No
(iv) that transmission system operators designate a
347/2013 of the European Parliament and of the Council
contact point in charge of answering inquiries
of 17 April 2013 on guidelines for trans-European energy
from other transmission system operators or
infrastructure (*).
from any entity duly mandated as referred to
in point (iii), or from the Agency concerning
such information.
___________
(*) OJ L 115, 25.4.2013, p. 39.’.
The ENTSO for Electricity shall submit the adopted
( 1 ) OJ L 162, 22.6.2007, p. 1.
specifications on points (i) to (iv) above to the
( 2 ) OJ L 210, 31.7.2006, p. 25.
Agency and to the Commission by 16 May 2015.

---

L 115/60
EN
Official Journal of the European Union
25.4.2013
Within 12 months of the adoption of the specifi
(4) in Article 23 the following paragraph is inserted:
cations, the Agency shall issue an opinion in which
it considers whether they sufficiently contribute to
the promotion of cross-border trade and to
‘3. Where
reference
is
made
to
this
paragraph,
Article
5
ensuring the optimal management, coordinated
of Regulation (EU) No 182/2011 of the European
operation, efficient use and sound technical
Parliament and of the Council of 16 February 2011
evolution of the European electricity transmission
laying down the rules and general principles concerning
network.’;
mechanisms for control by Member States of the Commis
sion’s exercise of implementing powers (*) shall apply.
(b) in paragraph 10 point (a) is replaced by the following:
___________
(*) OJ L 55, 28.2.2011, p. 13.’.
‘(a) build on national investment plans, taking into
account regional investment plans as referred to
in Article 12(1), and, if appropriate, Union aspects
of network planning as set out in Regulation (EU)
Article 22
No 347/2013 of the European Parliament and of
the Council of 17 April 2013 on guidelines for
Amendments to Regulation (EC) No 715/2009
trans-European energy infrastructure (*); it shall be
Regulation (EC) No 715/2009 is amended as follows:
subject to a cost-benefit analysis using the
methodology established as set out in Article 11
of that Regulation;
(1) in Article 8(10), point (a) is replaced by the following:
___________
‘(a) build on national investment plans, taking into account
(*) OJ L 115, 25.4.2013, p. 39.’;
regional investment plans as referred to in Article 12(1),
and, if appropriate, Union aspects of network planning
as set out in Regulation (EU) No 347/2013 of the
European Parliament and of the Council of 17 April
(2) Article 11 is replaced by the following:
2013 on guidelines for trans-European energy infra
structure (*); it shall be the subject to a cost-benefit
analysis using the methodology established as set out
in Article 11 of that Regulation.
‘Article 11
Costs
___________
The costs related to the activities of the ENTSO for Elec
(*) OJ L 115, 25.4.2013, p. 39.’;
tricity referred to in Articles 4 to 12 of this Regulation, and
in Article 11 of Regulation (EU) No 347/2013 shall be
borne by the transmission system operators and shall be
taken into account in the calculation of tariffs. Regulatory
authorities shall approve those costs only if they are
(2) Article 11 is replaced by the following:
reasonable and appropriate.’;
‘Article 11
(3) in Article 18, the following paragraph is inserted:
Costs
The costs related to the activities of the ENTSO for Gas
referred to in Articles 4 to 12 of this Regulation, and in
‘4a. The
Commission
may
adopt
guidelines
on
the
imple
Article 11 of Regulation (EU) No 347/2013 shall be borne
mentation of operational coordination between trans
by the transmission system operators and shall be taken
mission system operators at Union level. Those guidelines
into account in the calculation of tariffs. Regulatory auth
shall be consistent with and build upon the network codes
orities shall approve those costs only if they are reasonable
referred to in Article 6 of this Regulation and build upon
and appropriate.’.
the adopted specifications and the Agency opinion referred
to in Article 8(3)(a) of this Regulation. When adopting
those guidelines, the Commission shall take into account
Article 23
differing regional and national operational requirements.
Repeal
Decision No 1364/2006/EC is hereby repealed from 1 January
Those guidelines shall be adopted in accordance with the
2014. No rights shall arise under this Regulation for projects
examination procedure referred to in Article 23(3).’;
listed in Annexes I and III to Decision No 1364/2006/EC.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/61
Article 24
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.
It shall apply from 1 June 2013 with the exception of Articles 14 and 15 which shall apply as from the
date of application of the relevant Regulation on a Connecting Europe Facility.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 17 April 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

---

L 115/62
EN
Official Journal of the European Union
25.4.2013
ANNEX I
ENERGY INFRASTRUCTURE PRIORITY CORRIDORS AND AREAS
This Regulation shall apply to the following trans-European energy infrastructure priority corridors and areas:
1. PRIORITY ELECTRICITY CORRIDORS
(1) Northern Seas offshore grid (‘NSOG’): integrated offshore electricity grid development and the related interconnectors
in the North Sea, the Irish Sea, the English Channel, the Baltic Sea and neighbouring 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: Belgium, Denmark, France, Germany, Ireland, Luxemburg, the Netherlands, Sweden, the
United Kingdom;
(2) 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, notably to
integrate electricity from renewable energy sources and reinforce internal grid infrastructures to foster market
integration in the region.
Member States concerned: Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Malta,
Portugal, Spain, the United Kingdom;
(3) North-South electricity interconnections in Central Eastern and South Eastern Europe (‘NSI East Electricity’): inter
connections and internal lines in North-South and East-West directions to complete the internal market and
integrate generation from renewable energy sources.
Member States concerned: Austria, Bulgaria, Croatia ( 1 ), Czech Republic, Cyprus, Germany, Greece, Hungary, Italy,
Poland, Romania, Slovakia, Slovenia;
(4) Baltic
Energy
Market
Interconnection
Plan
in
electricity
(‘BEMIP
Electricity’):
interconnections
between
Member
States
in the Baltic region and reinforcing internal grid infrastructures accordingly, to end isolation of the Baltic States and
to foster market integration inter alia by working towards the integration of renewable energy in the region.
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Sweden.
2. PRIORITY GAS CORRIDORS
(5) North-South gas interconnections in Western Europe (‘NSI West Gas’): gas infrastructure for North-South gas flows
in Western Europe to further diversify routes of supply and for increasing short-term gas deliverability.
Member States concerned: Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands,
Portugal, Spain, the United Kingdom;
(6) North-South gas interconnections in Central Eastern and South Eastern Europe (‘NSI East Gas’): gas infrastructure for
regional connections between and in the Baltic Sea region, the Adriatic and Aegean Seas, the Eastern Mediterranean
Sea and the Black Sea, and for enhancing diversification and security of gas supply.
Member States concerned: Austria, Bulgaria, Croatia ( 1 ), Cyprus, Czech Republic, Germany, Greece, Hungary, Italy,
Poland, Romania, Slovakia, Slovenia;
(7) Southern Gas Corridor (‘SGC’): infrastructure for the transmission of gas from the Caspian Basin, Central Asia, the
Middle East and the Eastern Mediterranean Basin to the Union to enhance diversification of gas supply.
( 1 ) Subject to and as of the date of accession of Croatia.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/63
Member States concerned: Austria, Bulgaria, Croatia ( 1 ), Czech Republic, Cyprus, France, Germany, Hungary, Greece,
Italy, Poland, Romania, Slovakia, Slovenia;
(8) Baltic Energy Market Interconnection Plan in gas (‘BEMIP Gas’): gas infrastructure to end the isolation of the three
Baltic States and Finland and their dependency on a single supplier, to reinforce internal grid infrastructures
accordingly, and to increase diversification and security of supplies in the Baltic Sea region.
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Sweden.
3. PRIORITY OIL CORRIDOR
(9) Oil supply connections in Central Eastern Europe (‘OSC’): interoperability of the oil pipeline network in Central
Eastern Europe to increase security of supply and reduce environmental risks.
Member States concerned: Austria, Croatia ( 1 ), Czech Republic, Germany, Hungary, Poland, Slovakia.
4. PRIORITY THEMATIC AREAS
(10) Smart grids deployment: adoption of 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.
Member States concerned: all;
(11) Electricity highways: first electricity highways by 2020, in view of building an electricity highways system across the
Union that is capable of:
(a) accommodating ever-increasing wind surplus generation in and around the Northern and Baltic Seas and
increasing renewable generation in the East and South of Europe and also North Africa;
(b) connecting these new generation hubs with major storage capacities in the Nordic countries, the Alps and other
regions with major consumption centres; and
(c) coping with an increasingly variable and decentralised electricity supply and flexible electricity demand.
Member States concerned: all;
(12) Cross-border carbon dioxide network: development of carbon dioxide transport infrastructure between Member
States and with neighbouring third countries in view of the deployment of carbon dioxide capture and storage.
Member States concerned: all.
( 1 ) Subject to and as of the date of accession of Croatia.

---

L 115/64
EN
Official Journal of the European Union
25.4.2013
ANNEX II
ENERGY INFRASTRUCTURE CATEGORIES
The energy infrastructure categories to be developed in order to implement the energy infrastructure priorities listed in
Annex I are the following:
(1) concerning electricity:
(a) high-voltage overhead transmission lines, 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;
(b) concerning in particular electricity highways; any physical equipment designed to allow transport of electricity on
the high and extra-high voltage level, in view of connecting large amounts of electricity generation or storage
located in one or several Member States or third countries with large-scale electricity consumption in one or
several other Member States;
(c) electricity storage facilities used for storing electricity 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 designed for a voltage of 110 kV or more;
(d) any equipment or installation essential for the systems defined in (a) to (c) to operate safely, securely and
efficiently, including protection, monitoring and control systems at all voltage levels and substations;
(e) any equipment or installation, both at transmission and medium voltage distribution level, aiming at two-way
digital communication, real-time or close to real-time, interactive and intelligent monitoring and management of
electricity generation, transmission, distribution and consumption within an electricity network in view of
developing a network efficiently integrating the behaviour and actions of all users connected to it — generators,
consumers and those that do both — in order to ensure an economically efficient, sustainable electricity system
with low losses and high quality and security of supply and safety;
(2) concerning gas:
(a) transmission pipelines for the transport of natural gas and bio gas that form part of a network which mainly
contains high-pressure pipelines, excluding high-pressure pipelines used for upstream or local distribution of
natural gas;
(b) underground storage facilities connected to the above-mentioned high-pressure gas pipelines;
(c) reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) or compressed
natural gas (CNG);
(d) any equipment or installation essential for the system to operate safely, securely and efficiently or to enable bi-
directional capacity, including compressor stations;
(3) concerning oil:
(a) pipelines used to transport crude oil;
(b) pumping stations and storage facilities necessary for the operation of crude oil pipelines;
(c) any equipment or installation essential for the system in question to operate properly, securely and efficiently,
including protection, monitoring and control systems and reverse-flow devices;
(4) concerning carbon dioxide:
(a) dedicated pipelines, other than upstream pipeline network, used to transport anthropogenic carbon dioxide from
more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from
combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the
purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European
Parliament and of the Council ( 1 );
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not
include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide
pursuant to Directive 2009/31/EC and associated surface and injection facilities;
(c) any equipment or installation essential for the system in question to operate properly, securely and efficiently,
including protection, monitoring and control systems.
( 1 ) OJ L 140, 5.6.2009, p. 114.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/65
ANNEX III
REGIONAL LISTS OF PROJECTS OF COMMON INTEREST
1. RULES FOR GROUPS
(1) For electricity projects falling under the categories set out in Annex II.1, each Group shall be composed of represen
tatives of the Member States, national regulatory authorities, TSOs, as well as the Commission, the Agency and the
ENTSO for Electricity.
For gas projects falling under the categories set out in Annex II.2, each Group shall be composed of representatives
of the Member States, national regulatory authorities, TSOs, as well as the Commission, the Agency and the ENTSO
for Gas.
For oil and carbon dioxide transport projects falling under the categories referred to in Annex II.3 and 4, each
Group shall be composed of the representatives of the Member States, project promoters concerned by each of the
relevant priorities designated in Annex I and the Commission.
(2) The decision-making bodies of the Groups may merge. All Groups or decision-making bodies shall meet together,
when relevant, to discuss matters common to all Groups; 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 unman
ageable.
(3) Each Group shall organise its work in line with regional cooperation efforts pursuant Article 6 of Directive
2009/72/EC, Article 7 of Directive 2009/73/EC, Article 12 of Regulation (EC) No 714/2009, and Article 12 of
Regulation (EC) No 715/2009 and other existing regional cooperation structures.
(4) Each Group shall invite, as appropriate in view of implementing the relevant priority designated in Annex I,
promoters of a project potentially eligible for selection as a project of common interest as well as representatives
of national administrations, of regulatory authorities, and TSOs from EU candidate countries and potential candi
dates, the member countries of the European Economic Area and the European Free Trade Association, represen
tatives from the Energy Community institutions and bodies, countries covered by the European Neighbourhood
policy and countries, with which the Union has established specific energy cooperation. The decision to invite third
country-representatives shall be based on consensus.
(5) Each Group shall consult the organisations representing relevant stakeholders — and, if deemed appropriate,
stakeholders directly — including producers, distribution system operators, suppliers, consumers, and organisations
for environmental protection. The Group may organise hearings or consultations, where relevant for the accom
plishments of its tasks.
(6) The internal rules, an updated list of member organisations, regularly updated information on the progress of work,
meeting agendas, as well as final conclusions and decisions of each Group shall be published by the Commission on
the transparency platform referred to in Article 18.
(7) The Commission, the Agency and the Groups shall strive for consistency between the different Groups. For this
purpose, the Commission and the Agency shall ensure, when relevant, the exchange of information on all work
representing an interregional interest between the Groups concerned.
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 Articles 36 and 37 of Directive 2009/72/EC and
Articles 40 and 41 of Directive 2009/73/EC, or under Regulation (EC) No 713/2009.

---

L 115/66
EN
Official Journal of the European Union
25.4.2013
2. PROCESS FOR ESTABLISHING REGIONAL LISTS
(1) Promoters of a project potentially eligible for selection as a project of common interest wanting to obtain the status
of projects of common interest shall submit an application for selection as project of common interest to the Group
that includes:
— an assessment of their projects with regard to the contribution to implementing the priorities set out in Annex I,
— an analysis of the fulfilment of the relevant criteria defined in Article 4,
— for projects having reached a sufficient degree of maturity, a project-specific cost-benefit analysis in accordance
with Articles 21 and 22 based on the methodologies developed by the ENTSO for electricity or the ENTSO for
gas pursuant to Article 11, and
— any other relevant information for the evaluation of the project.
(2) All
recipients
shall
preserve
the
confidentiality
of
commercially
sensitive
information.
(3) After adoption of the first Union list, for all subsequent Union lists adopted, proposed electricity transmission and
storage projects falling under the categories set out in Annex II.1(a), (b) and (d) shall be part of the latest available
10-year network development plan for electricity, developed by the ENTSO for Electricity pursuant Article 8 of
Regulation (EC) No 714/2009.
(4) After adoption of the first Union list, for all subsequent Union lists adopted, proposed gas infrastructure projects
falling under the categories set out in Annex II.2 shall be part of the latest available 10-year network development
plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) No 715/2009.
(5) The
project
proposals
submitted
for
inclusion
in
the
first
Union
list
which
were
not
previously
evaluated
pursuant
to
Article 8 of Regulation (EC) No 714/2009 shall be assessed at Union-wide system level by:
— the ENTSO for Electricity in line with the methodology applied in the latest available 10-year network devel
opment plan for projects falling under Annex II.1(a), (b) and (d),
— the ENTSO for Gas or by a third party in a consistent manner based on an objective methodology for projects
falling under Annex II.2.
By 16 January 2014, the Commission shall issue Guidelines on criteria to be applied by the ENTSO for electricity
and the ENTSO for gas when developing their respective 10-year network development plans referred to in points
(3) and (4), in order to ensure equal treatment and transparency of the process.
(6) Proposed
carbon
dioxide
transport
projects
falling
under
the
category
set
out
in
Annex
II.4
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.
(7) For proposed projects falling under the categories set out in Annex II.1 and 2, national regulatory authorities, and if
necessary the Agency, shall, where possible in the context of regional cooperation (Article 6 of Directive
2009/72/EC, Article 7 of Directive 2009/73/EC), check the consistent application of the criteria/ cost-benefit
analysis methodology and evaluate their cross-border relevance. They shall present their assessment to the Group.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/67
(8) For proposed oil and carbon dioxide transport projects falling under the categories set out in Annex II.3 and 4, the
Commission shall evaluate the application of the criteria set out in Article 4. For proposed carbon dioxide projects
falling under the category set out in Annex II.4, 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.
(9) 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.
(10) The decision-making body of 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 of
common interest related to its territory.
(11) The Group shall meet to examine and rank the proposed projects taking into account the assessment of the
regulators, or the assessment of the Commission for oil and carbon dioxide transport projects.
(12) The draft regional lists of proposed projects falling under the categories set out in Annex II.1 and 2 drawn up by the
Groups, together with any opinions as specified in point (9), shall be submitted to the Agency six months before the
adoption date of the Union list. The draft regional lists and the accompanying opinions shall be assessed by the
Agency within three months of the date of receipt. The Agency shall provide an opinion on the draft regional lists,
in particular on the consistent application of the criteria and the cost-benefit analysis across regions. The opinion of
the Agency shall be adopted in accordance with the procedure referred to in Article 15(1) of Regulation (EC) No
713/2009.
(13) Within one month of the date of receipt of the Agency’s opinion, the decision-making body of each Group shall
adopt its final regional list, respecting the provisions set out in Article 3(3), based on the Groups’ proposal and
taking into account the opinion of the Agency and the assessment of the national regulatory authorities submitted in
accordance with point (7), or the assessment of the Commission for oil and carbon dioxide transport projects
proposed in accordance with point (8). The Groups shall submit the final regional lists to the Commission, together
with any opinions as specified in point (9).
(14) If, based on the regional lists received, and after having taken into account the Agency opinion, the total number of
proposed projects of common interest on the Union list would exceed a manageable number, the Commission shall
consider, after having consulted each Group concerned, not to include in the Union list projects that were ranked
lowest by the Group concerned according to the ranking established pursuant to Article 4(4).

---

L 115/68
EN
Official Journal of the European Union
25.4.2013
ANNEX IV
RULES AND INDICATORS CONCERNING CRITERIA FOR PROJECTS OF COMMON INTEREST
(1) A project with significant cross-border impact is a project on the territory of a Member State, which fulfils the
following conditions:
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for
commercial flows, at the border of that Member State with one or several other Member States, or at any
other relevant cross-section of the same transmission corridor having the effect of increasing this cross-border
grid transfer capacity, by at least 500 Megawatt compared to the situation without commissioning of the project;
(b) for electricity storage, the project provides at least 225 MW installed capacity and has a storage capacity that
allows a net annual electricity generation of 250 Gigawatt-hours/year;
(c) for gas transmission, the project concerns investment in reverse flow capacities or changes the capability to
transmit gas across the borders of the Member States concerned by at least 10 % compared to the situation prior
to the commissioning of the project;
(d) for gas storage or liquefied/compressed natural gas, the project aims at supplying directly or indirectly at least two
Member States or at fulfilling the infrastructure standard (N-1 rule) at regional level in accordance with Article 6(3)
of Regulation (EU) No 994/2010 of the European Parliament and of the Council ( 1 );
(e) for smart grids, the project is designed for equipments and installations at high-voltage and medium-voltage level
designed for a voltage of 10 kV or more. It involves transmission and distribution system operators from at least
two Member States, which cover at least 50 000 users that generate or consume electricity or do both in a
consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from renewable resources
that are variable in nature.
(2) Concerning projects falling under the categories set out in Annex II.1(a) to (d), the criteria listed in Article 4 shall be
evaluated as follows:
(a) Market integration, competition and system flexibility shall be measured in line with the analysis made in the
latest available Union-wide 10-year network development plan in electricity, notably by:
— calculating, for cross-border projects, the impact on the grid transfer capability in both power flow directions,
measured in terms of amount of power (in megawatt), and their contribution to reaching the minimum
interconnection capacity of 10 % installed production capacity or, 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 countries or within relevant Member States and on demand-supply balancing and
network operations in relevant Member States,
— assessing the impact, for the area of analysis as defined in Annex V.10, in terms of energy system-wide
generation and transmission costs and evolution and convergence of market prices provided by a project
under different planning scenarios, notably taking into account the variations induced on the merit order.
(b) Transmission of renewable energy generation to major consumption centres and storage sites shall be measured in
line with the analysis made in the latest available 10-year network development plan in electricity, notably by:
— for electricity transmission, by estimating the amount of generation capacity from renewable energy sources
(by technology, in megawatts), which is connected and transmitted due to the project, compared to the
amount of planned total generation capacity from these types of renewable energy sources in the
concerned Member State in 2020 according to the national renewable energy action plans as defined in
Article 4 of Directive 2009/28/EC,
( 1 ) OJ L 295, 12.11.2010, p. 1.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/69
— for electricity storage, by comparing new capacity provided by the project with total existing capacity for the
same storage technology in the area of analysis as defined in Annex V.10.
(c) Security of supply, interoperability and secure system operation shall be measured in line with the analysis made
in the latest available 10-year network development plan in electricity, notably by assessing the impact of the
project on the loss of load expectation for the area of analysis as defined in Annex V.10 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.
(3) Concerning projects falling under the categories set out in Annex II.2, the criteria listed in Article 4 shall be evaluated
as follows:
(a) Market integration and interoperability shall be 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, including the capacity
level offered for reverse flows under various scenarios.
(b) Competition shall be measured on the basis of diversification, including the facilitation of access to indigenous
sources of supply, taking into account, successively: diversification of sources; diversification of counterparts;
diversification of routes; the impact of new capacity on the Herfindahl-Hirschmann index (HHI)calculated at
capacity level for the area of analysis as defined in Annex V.10.
(c) Security of gas supply shall be measured by calculating the additional value of the project to the short and long-
term resilience of the Union’s gas system and to enhancing the remaining flexibility of the system to cope with
supply disruptions to Member States under various scenarios as well as the additional capacity provided by the
project measured in relation to the infrastructure standard (N-1 rule) at regional level in accordance with
Article 6(3) of Regulation (EU) No 994/2010.
(d) Sustainability shall be measured as the contribution of a project to reduce emissions, to support the back-up of
renewable electricity generation or power-to-gas and biogas transportation, taking into account expected changes
in climatic conditions.
(4) Concerning projects falling under the category set out in Annex II.1(e), each function listed in Article 4 shall be
evaluated against the following criteria:
(a) Level of sustainability: This criterion shall be measured by assessing the reduction of greenhouse gas emissions,
and the environmental impact of electricity grid infrastructure.
(b) Capacity of transmission and distribution grids to connect and bring electricity from and to users: This criterion
shall be measured by estimating the installed capacity of distributed energy resources in distribution networks, the
allowable maximum injection of electricity without congestion risks in transmission networks, and the energy not
withdrawn from renewable sources due to congestion or security risks.
(c) Network connectivity and access to all categories of network users: This criterion shall be measured by assessing
the methods adopted to calculate charges and tariffs, as well as their structure, for generators, consumers and
those that do both, and the operational flexibility provided for dynamic balancing of electricity in the network.
(d) Security and quality of supply: This criterion shall be measured by assessing the ratio of reliably available
generation capacity and peak demand, the share of electricity generated from renewable sources, the stability
of the electricity system, the duration and frequency of interruptions per customer, including climate related
disruptions, and the voltage quality performance.

---

L 115/70
EN
Official Journal of the European Union
25.4.2013
(e) Efficiency and service quality in electricity supply and grid operation: This criterion shall be measured by assessing
the level of losses in transmission and in distribution networks, the ratio between minimum and maximum
electricity demand within a defined time period, the demand side participation in electricity markets and in energy
efficiency measures, 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 the actual availability of network capacity with respect to its standard value.
(f) Contribution to cross-border electricity markets by load-flow control to alleviate loop-flows and increase inter
connection capacities: This criterion shall be estimated by assessing the ratio between interconnection capacity of
a Member State and its electricity demand, the exploitation of interconnection capacities, and the congestion rents
across interconnections.
(5) Concerning oil transport projects falling under the categories set out in Annex II.3, the criteria listed in Article 4 shall
be evaluated as follows:
(a) Security of oil supply shall be measured by assessing the additional value of the new capacity offered by a project
for the short and long-term resilience of the system and the remaining flexibility of the system to cope with
supply disruptions under various scenarios.
(b) Interoperability shall be measured by assessing to what extent the project improves the operation of the oil
network, in particular by providing the possibility of reverse flows.
(c) Efficient and sustainable use of resources shall be measured by assessing the extent to which the project makes use
of already existing infrastructure and contributes to minimising environmental and climate change burden and
risks.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/71
ANNEX V
ENERGY SYSTEM-WIDE COST-BENEFIT ANALYSIS
The methodology for a harmonised energy system-wide cost-benefit analysis for projects of common interest shall satisfy
the following principles laid down in this Annex.
(1) The
methodology
shall
be
based
on
a
common
input
data
set
representing
the
Union’s
electricity
and
gas
systems
in
the years n+5, n+10, n+15, and n+20, where n is the year in which the analysis is performed. This data set shall
comprise at least:
(a) in electricity: scenarios for demand, generation capacities by fuel type (biomass, geothermal, hydro, gas, nuclear,
oil, solid fuels, wind, solar photovoltaic, concentrated solar, other renewable technologies) and their geographical
location, fuel prices (including biomass, coal, gas and oil), carbon dioxide prices, the composition of the
transmission and, if relevant, the distribution network, and its evolution, taking into account all new significant
generation (including capacity equipped for capturing carbon dioxide), storage and transmission projects for
which a final investment decision has been taken and that are due to be commissioned by the end of year n+5;
(b) in gas: scenarios for demand, imports, fuel prices (including coal, gas and oil), carbon dioxide prices, the
composition of the transmission network and its evolution, taking into account all new projects for which a
final investment decision has been taken and that are due to be commissioned by the end of year n+5.
(2) The data set shall reflect Union and national law in force at the date of analysis. The data sets used for electricity and
gas respectively shall be compatible, notably with regard to assumptions on prices and volumes in each market. The
data set shall be elaborated after formally consulting Member States and the organisations representing all relevant
stakeholders. The Commission and the Agency shall ensure access to the required commercial data from third
parties when applicable.
(3) The methodology shall give guidance for the development and use of network and market modelling necessary for
the cost- benefit analysis.
(4) The
cost-benefit
analysis
shall
be
based
on
a
harmonised
evaluation
of
costs
and
benefits
for
the
different
categories
of projects analysed and cover at least the period of time referred to in point (1).
(5) The
cost-benefit analysis
shall
at least
take into account
the following
costs:
capital
expenditure,
operational
and
maintenance expenditure over the technical lifecycle of the project and decommissioning and waste management
costs, where relevant. The methodology shall give guidance on discount rates to be used for the calculations.
(6) For electricity transmission and storage, the cost-benefit analysis shall at least take into account the impact and
compensations resulting from the application of Article 13 of Regulation (EC) No 714/2009, the impacts on the
indicators defined in Annex IV, and the following impacts:
(a) greenhouse gas emissions and transmission losses over the technical lifecycle of the project;
(b) future costs for new generation and transmission investment over the technical lifecycle of the project;
(c) operational flexibility, including optimisation of regulating power and ancillary services;
(d) system resilience, including disaster and climate resilience, and system security, notably for European critical
infrastructures as defined in Directive 2008/114/EC.

---

L 115/72
EN
Official Journal of the European Union
25.4.2013
(7) For gas, the cost-benefit analysis shall at least take into account the results of market testing the impacts on the
indicators defined in Annex IV and the following impacts:
(a) disaster and climate resilience, and system security, notably for European critical infrastructures as defined in
Directive 2008/114/EC;
(b) congestion in the gas network.
(8) For smart grids, the cost-benefit analysis shall take into account the impacts on the indicators defined in Annex IV.
(9) The detailed method used to take into account the indicators referred to in points 6 to 8 shall be elaborated after
formally consulting Member States and the organisations representing all relevant stakeholders.
(10) The methodology shall define the analysis to be carried out, based on the relevant input data set, by determining the
impacts with and without each project. The area for the analysis of an individual project shall cover all Member
States and third countries, on whose territory the project shall be built, all directly neighbouring Member States and
all other Member States significantly impacted by the project.
(11) The analysis shall identify the Member States on which the project has net positive impacts (beneficiaries) and those
Member States on which the project has a net negative impact (cost bearers). Each cost-benefit analysis shall include
sensitivity analyses concerning the input data set, the commissioning date of different projects in the same area of
analysis and other relevant parameters.
(12) Transmission, storage system and compressed and liquefied natural gas terminal operators and distribution system
operators shall exchange the information necessary for the elaboration of the methodology, including the relevant
network and market modelling. Any transmission or distribution system operator collecting information on behalf
of other transmission or distribution system operators shall give back to the participating transmission and
distribution system operators the results of the collection of data.
(13) For the common electricity and gas market and network model set out in paragraph 8 of Article 11, the input data
set referred to in point (1) shall cover the years n+10, n+20 and n+30 and the model shall allow for a full
assessment of economic, social and environmental impacts, notably including external costs such as those related
to greenhouse gas and conventional air pollutant emissions or security of supply.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/73
ANNEX VI
GUIDELINES FOR TRANSPARENCY AND PUBLIC PARTICIPATION
(1) The manual of procedures referred to in Article 9(1) shall at least specify:
(a) the relevant law upon which decisions and opinions are based for the different types of relevant projects of
common interest, including environmental law;
(b) the relevant decisions and opinions to be obtained;
(c) the names and contact details of the Competent Authority, other authorities and major stakeholders concerned;
(d) the work flow, outlining each stage in the process, including an indicative time frame and a concise overview of
the decision-making process;
(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.
(2) The detailed schedule referred to in Article 10(4)(b) shall specify as a minimum 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) 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 auth
orities, 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, 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.
(b) Competent authorities shall ensure that public consultation procedures for projects of common interest are
grouped together where possible. 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 from the beginning of the public consultation until the expiry of
the deadline only.
(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 the respective tasks.

---

L 115/74
EN
Official Journal of the European Union
25.4.2013
(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 an information leaflet of no more than 15 pages, giving, in a clear and concise manner, an overview of
the purpose and preliminary timetable of the project, the national grid development plan, alternative routes
considered, expected impacts, including of cross-border nature, and possible mitigation measures, which shall
be published prior to the start of the consultation; The information leaflet shall furthermore list the web addresses
of the transparency platform referred to in Article 18 and of the manual of procedures referred to in point (1);
(b) inform all stakeholders affected about the project through the website referred to in Article 9(7) and other
appropriate information means;
(c) invite in written form relevant affected stakeholders to dedicated meetings, during which concerns shall be
discussed.
(6) The project website shall make available as a minimum the following:
(a) the information leaflet referred to in point (5);
(b) a non-technical and regularly updated summary of no more than 50 pages reflecting the current status of the
project and clearly indicating, in case of updates, changes to previous versions;
(c) 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;
(d) contact details in view of obtaining the full set of application documents;
(e) contact details in view of conveying comments and objections during public consultations.

---

EN
25.4.2013 Official
Journal
of
the
European
Union L
115/75
Statement by the European Commission as regards the eligibility of projects of common interest for
EU financial assistance in the context of trans-European energy infrastructures (Chapter V of
Regulation (EU) No 347/2013 of the European Parliament and of the Council ( 1 ))
The Commission underlines that it considers important that the support from EU and national sources
extends to grants for works to enable the implementation of projects of common interest enhancing the
diversification of energy supply sources, routes and counterparts. The Commission reserves the right to
make proposals in this direction based on the experience gained from the monitoring of the implementation
of projects of common interest in the context of the report foreseen in Article 17 of the Regulation on
guidelines for trans-European energy infrastructures.
( 1 ) See page 39 of this Official Journal.

---

Document Outline

• �

---