On 19 October, the European Commission proposed a Regulation on guidelines for trans- European infrastructure. It is intended to create the conditions for the delivery of the €200 billion of investment in oil and gas infrastructure that the Commission sees as necessary in order to meet the EU's 20/20/20 targets (20% reduction in greenhouse gas emissions, 20% increase in energy efficiency and 20% renewable energy in final energy consumption by 2020),

The proposed Regulation will:

  • identify a number of trans-European priority corridors and areas, covering gas and electricity networks (for example, the Northern Seas Offshore Grid, linking countries around the Irish Sea, North Sea, English Channel and the Baltic Sea);
  • streamline consenting procedures, identified as a major bottleneck in the process of developing new infrastructure. The aim here is, to ensure more rapid approval without sacrificing public involvement;
  • modify the regulatory treatment of such projects, so that the cost of each project is shared among users in all Members States benefiting from that project; and " provide for EU financial support for some projects.

The consenting procedures bear a number of similarities to those applicable to major infrastructure projects under the Planning Act 2008 in England and Wales, They go further in that they require a "onestop shop" nationally, under which one authority in each Member State will be responsible for either issuing or coordinating all relevant applications. This seems likely to go beyond traditional "planning" consents and to include other forms of consent, for example from environmental or marine authorities. However, it is equally important to note that the onestop shop regime is only national, and while authorities considering the same project in different Member States are required to coordinate their activities, there is still a risk of inconsistency across borders, and therefore uncertainty and delay.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.