Proposal for a Regulation on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013

Summary:

Legislative initiative tabled by the European Commission on 15 December 2020, revising rules for trans-European energy (TEN-E) infrastructure. It repeals Regulation (EU) No 347/2013, also know as the TEN-E Regulation.

Further information:

The TEN-E Regulation adopted in 2013 set out rules for the timely development and interoperability of trans-European energy networks. It helped achieve the European Union's energy policy objectives by laying down rules for identifying and developing Projects of Common Interest (PCIs). It also required Member States to streamline permit granting procedures for PCIs and provided for regulatory assistance, rules and guidance for cross-border allocation of costs and risk-related incentives and the conditions to access financing from the Connecting Europe Facility (CEF).

Energy infrastructure is seen as a key enabler for the energy transition, as reflected in the European Commission’s Communications on the European Green Deal and on A Clean Planet for All. While the objectives of the 2013 TEN-E Regulation remained largely valid, the framework no longer reflected the expected changes to the energy system resulting from a new political context and in particular the upgraded 2030 climate targets, as well as the 2050 climate neutrality objective under the European Green Deal. The revised TEN-E is particularly aiming at:

• Enabling the identification of the cross-border projects and investments across the EU and with its neighbouring countries that are necessary for the energy transition and achievement of the climate targets;
• Improving infrastructure planning for energy system integration and offshore grids;
• Shortening permitting procedures for PCIs to avoid delays in projects that facilitate the energy transition;
• Ensuring the appropriate use of cost sharing tools and regulatory incentives.

The draft law was tabled by the European Commission on 15 December 2020. The Council of the European Union adopted its general approach on 11 June 2021, followed by the European Parliament during the first plenary session of October 2021. An informal agreement between the co-legislators on a compromise text for this proposal was reached on 15 December 2021. This was formally endorsed by the Parliament on 5 April 2022 and by the Council on 16 May.

• Primary Source

Commentary and Analysis

EASE: Policy Papers, February 2021: EASE Reply to the European Commission’s Public Consultation on the TEN-E Regulation Revision https://ease-storage.eu/publication/ease-reply-to-the-european-commissions-public-consultation-on-the-ten-e-regulation-revision/

French Institute of International Relations (IFRI): Briefings, June 2021: Is the TEN-E Regulation Fit for a Decarbonized Future? A Battle to Shape the European Energy Transition https://www.ifri.org/en/publications/briefings-de-lifri/ten-e-regulation-fit-decarbonized-future-battle-shape-european

Corporate Europe Observatory, 23/09/2021: Pro-gas rapporteur on controversial EU energy revision refuses to reveal who has lobbied him https://corporateeurope.org/en/2021/09/pro-gas-rapporteur-controversial-eu-energy-revision-refuses-reveal-who-has-lobbied-him

Friends of the Earth (FoE): Press Release, 28/09/2021: MEPs fail to end support for climate-damaging gas https://friendsoftheearth.eu/press-release/meps-fail-to-end-support-for-climate-damaging-gas/

openDemocracy: OurEconomy, 13/10/2021: EU fails to reduce dependency on fossil fuels amid soaring energy bills https://www.opendemocracy.net/en/oureconomy/eu-fails-to-reduce-dependency-on-fossil-fuels-amid-soaring-energy-bills/

EPRS: Briefing, November 2021: Revision of the TEN-E Regulation: EU guidelines for new energy infrastructure https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2021)689343

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News

EurActiv, 15/12/2020: EU’s trans-European energy infrastructure plan update https://www.euractiv.com/section/energy/news/leaked-eus-trans-european-energy-infrastructure-plan-update/

Reuters, 15/12/2020: EU to shift funding away from gas, into low-carbon energy https://uk.reuters.com/article/idUKKBN28P25N

EUObserver, 15/12/2020: New EU rules for energy-project funding to keep fossil gas https://euobserver.com/green-deal/150381

EurActiv, 16/12/2020: EU shifts energy infrastructure funding away from gas, into electricity grids https://www.euractiv.com/section/energy/news/eu-shifts-energy-infrastructure-funding-away-from-gas-into-electricity-grids/

EurActiv, 06/05/2021: Eleven EU countries call to ban fossil fuels from trans-European energy infrastructure https://www.euractiv.com/section/climate-environment/news/eleven-countries-call-to-ban-fossil-fuels-from-trans-european-energy-infrastructure/

Reuters, 11/06/2021: EU countries agree to prolong gas project funding, with caveats https://www.reuters.com/business/energy/eu-countries-meet-tussle-over-gas-project-funding-2021-06-11/

The Guardian, 28/09/2021: EU lawmakers vote to prolong fossil fuel gas subsidies until 2027 https://www.theguardian.com/environment/2021/sep/28/eu-lawmakers-vote-prolong-fossil-fuel-gas-subsidies

EUObserver, 29/09/2021: MEPs vote to support gas in cross-border projects rules https://euobserver.com/climate/153061

DPA International, 15/12/2021: European Union plans to stop funding new oil and gas pipelines https://www.dpa-international.com/topic/european-union-plans-stop-funding-new-oil-gas-pipelines-urn%3Anewsml%3Adpa.com%3A20090101%3A211215-99-389587

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Official

EUR-Lex: SWD(2020)346: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:346:FIN

EUR-Lex: SWD(2020)347: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:347:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Trans-European energy infrastructure: guidelines (2020/0360(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2020/0360(COD)

European Parliament: Legislative Train Schedule: Revision of the TEN-E Regulation for Energy Infrastructure (REFIT) https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/file-revision-of-the-ten-e-regulation-for-energy-infrastructure

European Commission: Press Release, 15/12/2020: Commission proposes revised rules for cross-border energy infrastructure in line with the European Green Deal https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2394

European Commission: Questions and Answers: The revision of the TEN-E Regulation (15 December 2020) https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2393

European Commission: Remarks by Commissioner Simson on the Commission's proposal for a revised TEN-E Regulation at the European Parliament's ITRE Committee meeting (15 December 2020) https://ec.europa.eu/commission/presscorner/detail/en/speech_20_2438

Irish Government: Consultations, 20/01/2021: Consultation on the proposed amendments to the TEN-E Regulation https://www.gov.ie/en/consultation/41483-consultation-on-the-proposed-amendments-to-the-ten-e-regulation/

EPRS: Briefing, April 2021: Trans-European energy infrastructure guidelines: Updating the current framework - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2021)662620

International Energy Agency (IEA): Policies, 05/10/2021: Cross-border energy infrastructure, new rules for TEN-E https://www.iea.org/policies/13642-cross-border-energy-infrastructure-new-rules-for-ten-e

ECR EP Group: News, 28/09/2021: A solid foundation to support development of trans-European energy infrastructure https://ecrgroup.eu/article/a_solid_foundation_to_support_development_of_trans_european_energy_infrastr

EPP EP Group: Newsroom, 15/12/2021: Make energy sustainable, securely supplied and affordable https://www.eppgroup.eu/newsroom/news/make-energy-sustainable-securely-supplied-and-affordable

Council of the European Union: Press Release, 22/12/2021: TEN-E: Council and Parliament reach provisional agreement on new rules for cross-border energy projects https://www.consilium.europa.eu/en/press/press-releases/2021/12/22/ten-e-council-and-parliament-reach-provisional-agreement-on-new-rules-for-cross-border-energy-projects/

European Parliament: Press Release, 05/04/2022: Green Deal: EP backs updated guidelines for trans-European energy infrastructure https://www.europarl.europa.eu/news/en/press-room/20220401IPR26530/

Council of the European Union: Press Release, 16/05/2022: TEN-E: Council gives green light to new rules for cross-border energy infrastructure https://www.consilium.europa.eu/en/press/press-releases/2022/05/16/ten-e-council-gives-green-light-to-new-rules-for-cross-border-energy-infrastructure/

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