ACCELERATED PERMITTING FOR TRANSPORT INFRASTRUCTURE IN IRELAND
European Union (Trans-European Transport Network Streamlining) Regulations 2024 S.I. No. 184/2024 transpose provisions of the TEN-T Directive (EU) 2021/1187.
The Regulations apply to permit-granting procedures required for projects referred to in Article 1(1) of the Directive. Article 1(1) projects are, generally, (a) projects that are part of pre-identified sections of the core network listed in the Annex of the Directive, and (b) other projects on the core network corridors, as identified pursuant to Article 44(1) of TEN-T Regulation (EU) No 1315/2013, with a total cost exceeding €300 million.
The Regulations provide that all authorities, including the designated authority (An Bord Pleanála), involved in the permit-granting procedure shall give priority to projects falling within the scope of the Directive or the Regulations. The designated authority shall provide for deadlines for the relevant permit-granting procedure which shall not exceed four years from the start of the permit-granting procedure.
The Commission recently sent Ireland a reasoned opinion calling on it to transpose the TEN-T Directive.
GOVERNMENT CONSULTS ON ALTERNATIVE FUELS INFRASTRUCTURE
Last month we highlighted that Regulation (EU) 2023/1804 on the deployment of alternative fuels infrastructure is applicable in Ireland from 13 April 2024, as outlined further in our briefings here and here.
In light of the Regulation coming into force, the Government in Ireland is consulting until 14 June 2024 on an AFIR Issues Paper, with a view to updating the National Policy Framework for Alternative Fuels Infrastructure in the second half of 2024, with final policy frameworks to be submitted to the Commission by the end of 2025.
The Government states that the delivery of the alternative fuels infrastructure called for under the Regulation within the mandated timeframes will be extremely challenging.
ALTERNATIVE FUELS INFRASTRUCTURE FUNDING
The European Commission announced 42 new projects to be funded through the Alternative Fuels Infrastructure Facility of the Connecting Europe Facility. An ongoing AFIF call is open for applications, with a budget of €1 billion for 2024-2025. The first deadline is 24 September 2024.
REVISED ENERGY PERFORMANCE OF BUILDINGS DIRECTIVE
The Recast Energy Performance of Buildings Directive has been published in the OJEU and will enter into force on 28 May 2024. It contains updated requirements around infrastructure for sustainable mobility, outlined further in our briefing here.
GREEN CLAIMS
The European Commission has, with national consumer authorities, sent letters to 20 airlines identifying several types of potentially misleading green claims and inviting them to bring practices in line with EU consumer law within 30 days. Further information is available here.
AIR TAXIS AND UNMANNED DRONES
The Commission adopted measures to address safety challenges of new emerging air mobility. The measures target two emerging areas in aviation: manned aircraft capable of vertical take-off and landing (known as VTOL or piloted air taxis, which are small commercial aircrafts making short flights on demand) and higher-risk unmanned drone operations. Further information is available here.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.