Implementation of RED III

Research Question / Project Objectives

The amendment to Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, introduced by Directive (EU) 2023/2413 (RED III), contains numerous requirements and options for transposing various provisions into national law. Member States are thus required to designate areas for the accelerated deployment of renewable energy and infrastructure areas (grids and storage) in which conditions facilitating the process will apply (for example, the omission of an environmental impact assessment, a specific species protection assessment and a Habitats Directive assessment at the planning permission stage). The requirements of RED III have now been transposed into national law, inter alia through the Act Implementing the EU Renewable Energy Directive in the Areas of Offshore Wind Energy and Electricity Grids (Omnibus Act). Key elements include provisions for the designation of priority areas at local, state and regional planning levels, as well as regulations governing the conduct of proceedings and the scope of substantive assessment in approval procedures within designated priority areas. Furthermore, further legislation is expected to accelerate the expansion of renewable energy. The national implementation of these measures raises numerous technical and legal issues. The aim of this project is therefore to provide support with the implementation of secondary legislation and the enforcement of the new regulations, as well as to offer both technical and legal advice, whilst ensuring that environmental and nature conservation considerations are taken into account.

Procedure

When drawing up guidelines and practical aids, attention should be paid, for example, to the practical application of rules, obligations and effective measures to mitigate environmental impacts, as well as to the legal and technical clarification of new, undefined legal terms, procedural elements and assessment steps.