Permitting schemes and process

The TEN-E Regulation ensures that Projects of Common Interest and Projects of Mutual Interest (PCIs and PMIs) have priority status and follow a dedicated process. 

Their priority status is considered necessary from an energy and climate policy perspective, regardless of the location, routing or technology of the projects. 

The regulation requires them to be treated as urgent projects of the highest national significance, including in any dispute resolution. PCIs and PMIs can be considered as projects of overriding public interest by EU countries when carrying out the relevant environmental assessments. This applies to projects both at transmission and distribution level.

Permitting schemes

The schemes are based on 3 options:

NCA cooperation

Since 2021, NCAs meet at least 4 times per year to discuss their national permitting systems and current overarching issues. They have identified several non-legislative measures for the acceleration of permitting procedures, such as 

• early involvement of the concerned environmental authorities
• NCA-coordinated communication between promoters and concerned authorities 
• early 'flagging' of potential issues and relevant assessments in the comprehensive schedule for permitting during the pre-application phase 
• advice for promoters to build capacity or employ consultants’ experience on the national permitting process and to be technically capable to conclude the process  

For all of the permitting schemes, the permitting of PCIs is a 2-step process lasting a maximum of 3.5 years, extendable by 9 months in exceptional circumstances.

Pre-application 

The pre-application can last a maximum of 2 years and can be waived if not necessary, depending on the project. It runs between the start of the permit granting process, when the project reaches the required degree of maturity, and when the application file is accepted by the national competent authority (NCA). 

During this period, the project promoters run all the studies and assessments necessary to fill in their permitting application file, such as the environmental impact assessment, and carry out at least 1 public consultation early in the design phase of the project. If such studies and assessments are not required, the pre-application procedure can be waived, and projects can directly enter the statutory permitting period, perhaps for example the case of certain smart grid PCIs which might not require an environmental impact assessment. 

Before the start of the statutory permit granting process, NCAs assess the maturity of a project and determine the scope of the permitting application file, also advising on the permitting schedule. 

Statutory permit granting 

The statutory permit granting can run for a maximum of 18 months, between the acceptance of the permitting application file by the NCAs,  complete with all required studies and documents,  and the issuing of a decision that the project is ready to be built.  

During this phase, the authorities evaluate the content of the assessments carried out by the promoter and decide on the issuing of the respective permits. It should result in the issuing of a so-called ‘comprehensive decision’. It may be a stand-alone decision or comprise of a set of individual permits and authorisations. It determines whether a project promoter is authorised to start the necessary construction works to build the energy infrastructure and deliver the PCI or PMI (ready-to-build phase). 

Transparency and public participation 

To increase the transparency of the national procedures, EU countries or NCAs must publish a manual of procedures for the permit granting process applicable to PCIs and PMIs.

Further, Article 9 of the regulation also establishes the minimum requirements for public participation applicable to PCIs and PMIs, without preventing the application of higher national standards. 

Under Article 9, a project promoter is required to prepare a concept for public participation and submit it for approval by the competent authority within 3 months from the start of the permitting granting process, conduct a minimum of 1 public consultation before the submission of the final application file and prepare a report summarising the results of the public participation and how these have influenced the project to be submitted to the NCA and published on the project website.

Additionally, an NCA is required to take into account any consultation done before the start of the permitting process when approving the concept for public consultation and take into account the content of the public consultation report when issuing the comprehensive decision.

In addition to the accelerated permitting for PCIs and PMIs, EU countries can apply a series of EU legislative provisions to other energy infrastructure projects, beyond PCIs and PMIs

• until 30 June 2025, the accelerated permitting framework (EU/2022/2577) to accelerate the deployment of renewable energy, applicable to grid infrastructure, which is necessary to integrate renewables into the energy system
• as of July 2024 for selected provisions, and as of May 2025 in its entirety, the simplified permitting frameworks under the Renewable Energy Directive, applicable to 
  • overriding public interest presumption for grids related to renewable energy projects
  • connecting storage and generation to the grid in renewable acceleration areas
  • infrastructure projects in dedicated areas where grid and storage infrastructure is necessary to integrate renewable energy into the electricity system

The hydrogen and decarbonised gas market package authorisation framework, applicable to hydrogen production facilities and hydrogen system infrastructure.

The TEN-E Regulation introduces single points of contact for offshore PCIs and PMIs and states that National Competent Authorities (NCAs) must cooperate amongst themselves and jointly designate such single points of contact for offshore grids’ projects crossing several national jurisdictions.

The role of the single point of contact is to facilitate the exchange of permitting information between the NCAs, including existing studies and assessments carried out for a specific project that might be of interest to other parties. 

To speed out the permitting for these key projects and reduce administrative burden on promoters, EU countries concerned by the project should aim at joint procedures and timing.

• TEN-E Regulation (EU/2022/869)
• Enabling framework for renewables
• Public acceptance of infrastructure projects