The European Commission has issued a reasoned opinion to Cyprus and seven other EU member states for failing to transpose into national law the EU rules aimed at accelerating permitting procedures for renewable energy projects. The warning comes as part of the February infringement package, which monitors compliance with EU legislation.

A reasoned opinion represents the final step before a case is referred to the Court of Justice of the European Union. If a member state does not comply within two months, the European Commission may escalate the matter to the EU Court.

According to the Commission’s announcement, reasoned opinions were sent to Cyprus (INFR(2024)0213), Bulgaria, Spain, France, Italy, the Netherlands, Slovakia, and Sweden. These countries have failed to incorporate the EU Directive (EU) 2023/2413, which amends Directive (EU) 2018/2001, into their national legislation. The revised directive introduces new rules to simplify and expedite permitting procedures for both renewable energy projects and energy infrastructure necessary for integrating additional capacity into the power grid.

The amendment establishes clear deadlines for permit approvals based on specific technologies and project types. Additionally, it recognizes renewable energy projects, storage facilities, and related grid infrastructure as being of overriding public interest, ensuring priority treatment in permitting decisions.

Member states are also required to designate “renewable acceleration areas”, where permitting processes will be faster due to low environmental impact considerations.

The deadline for transposing these provisions into national law was July 1, 2024. In September 2024, the European Commission sent formal notices to 26 member states for failing to fully transpose the directive.

After reviewing the responses, the Commission decided to escalate action against Cyprus, Spain, Italy, Slovakia, and Sweden, as these countries did not notify their national transposition measures. Meanwhile, Bulgaria, France, and the Netherlands were also issued reasoned opinions for failing to provide clear and detailed information on how their national measures align with each directive provision.