One stop shop for PCIs in Germany

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1 One stop shop for PCIs in Germany Marta Mituta 29 September 2014, Brussels

2 Agenda 1 One Stop Shop in Germany 2 Tasks of OSS during the permit granting process 3 General tasks of OSS 4 Public participation provided by the Federal Network Agency 2

3 Agenda 1 One Stop Shop in Germany 2 Tasks of OSS during the permit granting process 3 General tasks of OSS 4 Public participation provided by the Federal Network Agency 3

4 PCIs in Germany In total 27 PCIs on the PCIlist: 20 electricity PCIs 5 gas PCIs 2 oil PCIs Transitional provisions according to Article 19 TEN- E Regulation for: 11 electricity PCIs 2 gas PCIs One-Stop-Shop for: 9 electricity PCIs 3 gas PCIs 2 oil PCIs 4

5 Federal Network Agency (BNetzA) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur, BNetzA): is a separate higher federal authority within the scope of business of the German Federal Ministry of Economics and Energy with headquarters in Bonn tasked to provide, by liberalisation and deregulation, for the further development of the telecommunications and postal markets (since 1998) electricity and gas (since 2005) railway infrastructure market (since 2006) Since 2011 it is also responsible for the Electricity and Gas Network Development Plan and since 2013 for Planning Approval Procedure for electricity projects crossing national borders or borders between the federal states 5

6 The role of BNetzA National regulatory authority Federal authority for planning approval of cross-state and cross-border extrahigh voltage power lines One-stop-shop for PCIs according to the collaborative scheme [Article 8(3)(c) TEN-E regulation] 6

7 One-Stop-Shop One-Stop- Shop nach Art. 8 Abs. 1 TEN-E VO No changes in the division of competences between the federal and state authorities responsible for the permit granting process of the PCIs The role of One-Stop-Shop according to the collaborative scheme (Article 8(3)(c) TEN-E Regulation): Coordinates the comprehensive decision Shall set time limits in accordance with Article 10 TEN-E Regulation in consultation with the other authorities concerned Monitors compliance with time limits Is contact point for other OSS, regional authorities and the public regarding the permit granting process of the PCIs 7

8 Agenda 1 One Stop Shop in Germany 2 Tasks of OSS during the permit granting process 3 General tasks of OSS 4 Public participation provided by the Federal Network Agency 8

9 Permit granting process Permit granting process (TEN-E Regulation) Pre-application procedure Article 10(1)(a) Time limit: max. 2 years Statutory permit granting procedure Article 10(1)(b) Time limit: max. 1.5 years Permit granting process in Germany Planning approval 9

10 OSS tasks during the permit granting process I Pre-application procedure Receiving of notification of the project Writing of notification/rejection of the project Art. 10(1) TEN-E Regulation Art. 10(1) & (4)(a) TEN-E Regulation Drawing up a detailed schedule for the permit granting process Art. 10(4)(b in conjunction with Annex VI No 2 TEN-E Regulation Receiving a concept for public participation by project promotor Art. 9(3) in conjunction with Annex VI No 4 TEN-E Regulation Public consultation & receiving the report on public participation Art. 9(4) in conjunction with Annex VI No 3 und 5 TEN-E Regulation II Statutory permit granting procedure Coordinating the comprehensive decision Art. 10(1)(b) TEN-E Regulation If applicable, obtain COM opinion in case of overriding public interest of a project Art. 7(8) TEN-E Regulation 10

11 PCI pre-application procedure (up to 2 years) Public interest parties, NGOs becoming familiar with application file BNetzA delivery of proposal file to public interest parties & NGOs Project promoter application file / information leaflet, PCI website Public application conference / scoping acknowledge the PCI incl. the scope of material and level of information for the application file draw up schedule for the permit granting process verify application, possible request accept application Start pre-application procedure drawing up and submit concept for public participation revised application file, incl. report of activities to the participation of public before the start of the permit granting process 11

12 PCI application procedure (up to 1.5 year) Public interest parties, local citizens, NGOs BNetzA Project promoter accepting application EIA announcement, exposition and publication of the application, participation procedure opinions & objections collecting hearing and discussion on submitted opinions & objections examination, consideration planning permission missing information 12

13 Agenda 1 One Stop Shop in Germany 2 Tasks of OSS during the permit granting process 3 General tasks of OSS 4 Public participation provided by the Federal Network Agency 13

14 General tasks of OSS III General tasks Monitoring compliance with time limits Publication of manual of procedure Art. 10(1) and Art. 5 TEN-E Regulation Art. 9(1) TEN-E Regulation Taking action to facilitate the issuing of the comprehensive decision Art. 8(3) TEN-E Regulation Collaboration and coordination among OSS concerned Art. 8(5) TEN-E Regulation 14

15 III Manual of procedures Manual of procedures for the permit granting process of the PCIs In close collaboration with the federal authorities Published in May 2014 on: europa and It will be updated as necessary Structure: Introduction, table of contents, abbreviations Chapter A Extra-high voltage transmission lines Chapter B Gas pipelines Chapter C Oil pipelines Chapter D PCIs list and contact details of the corresponding authorities Annex: Glossary and checklists 15

16 III Monitoring of PCIs by BNetzA part of monitoring of the projects listed in the Federal Requirements Plan and Power Grid Expansion Act published on content: up-to-date information Project profile (sample) Source: 16

17 Agenda 1 One Stop Shop in Germany 2 Tasks of OSS during the permit granting process 3 Overall tasks of OSS 4 Public participation provided by the Federal Network Agency 17

18 Informal public participation 1 Information days Tailored to different target groups in different locations across Germany, e.g. Public discussions Information events Publications Print DVD 18

19 Informal public participation 2 Citizen service Information hotline, free of charge info@netzausbau.de Information online Twitter & Youtube twitter.com/netzausbau 19

20 Marta Mituta Bundesnetzagentur (BNetzA), Department of Grid Expansion

21 Legal framework Legal basis for development on the extra-high voltage transmission networks Energy Act (EnWG) 2005 Power Grid Expansion Act (EnLAG) 2009 Grid Expansion Acceleration Act (NABEG) 2011 Delegated Act for Assignment of Planning Approval Procedure for BNetzA (PlfZV) 2013 Environmental Impact Assessment Act (UVPG) 1990 with amendments 21

22 Five steps of grid development in Germany According to the Grid Expansion Acceleration Act (2011): Scenario framework Network Development Plan Electricity, Offshore Network Development Plan Federal Requirements Plan, Strategic Environmental Assesment (SEA) Federal sectoral planning Planning approval Gradually identify needs for new projects incl. public participation (3 public consultations) Determine requirements in the Federal Requirements Plan The requirements are re-examined yearly Determination of the route or location of the new projects in two steps The public participates during the public consultations 22