Regulation on Trans-European Energy Networks (TEN-E Regulation)

The first Regulation on Trans-European Energy Networks (TEN-E) was the Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009.

It laid down harmonised European rules for the timely development and interoperability of trans-European energy networks (covering the EU and the European Economic Area). The provisions of the first TEN-E Regulation were based on the 2011 impact assessment, published by the European Commission on 19 October 2011, related to Decision No 1364/2006/EC establishing the first guidelines for trans-European energy infrastructure. The first TEN-E Regulation established a new approach to cross-border energy infrastructure planning.

The first TEN-E Regulation included a number of provisions, including:

• provisions on a process for the selection of projects of common interest (PCIs);
• provisions on (priority status in) permit-granting procedures and public participation;
• provisions on monitoring of project implementation;
• provisions on cross-border allocation of project costs and regulatory incentives; and
• provisions on eligibility for funding from the Connecting Europe Facility (CEF).

It brought together stakeholders in regional groups to identify and help implement PCIs that contribute to the development of energy infrastructure priority corridors and thematic areas. In addition to an effective and cost-efficient approach to infrastructure planning, the regulation improved the permitting procedures. It required Member States to ensure a streamlined permit granting process for PCIs within a timeframe of 42 months for a permitting decision. They are to receive the highest national priority status and be included in national network development plans. The regulation also provided for regulatory assistance, rules and guidance for the cross-border allocation of costs and risk-related incentives, and provides access to financing opportunities from the CEF.

As indicated in the Annexes to the European Commission's draft regulation, since its adoption in 2013, TEN-E Regulation enabled the implementation of over 40 key energy infrastructure projects and further 75 projects are expected to be implemented by 2022. The financing support provided by CEF of EUR 4.7 billion in total enabled the implementation of 95 PCIs. Since 2014, CEF provided financing to 149 actions of which 114 (EUR 519 million) for studies and 35 (EUR 4.2 billion) for works. Of the total budget of EUR 4.7 billion, EUR 1.5 billion were allocated to gas projects and EUR 2.8 billion to electricity projects. So far, around one fifth of all PCIs received CEF financial assistance for studies and/or works. The 4th ‘PCI list’ contains 149 PCIs - PCIs are categorised by sector; the majority of list entries are electricity PCIs (100 projects), followed by gas PCIs (32), oil PCIs (6), smart grids PCIs (6) and carbon dioxide (CO2) PCIs.

On 8 April 2022 the Commission Delegated Regulation (EU) 2022/564 of 19 November 2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest has been published in the EU Official Journal.

European Green Deal of December 2019 (European Commission Communication COM(2019) 640) explicitly refers to the need for a review of the TEN-E Regulation to ensure consistency with climate neutrality objectives.

European Commission Communication on the European Green Deal (COM(2019) 640) of December 2019 The transition to climate neutrality also requires smart infrastructure. Increased cross-border and regional cooperation will help achieve the benefits of the clean energy transition at affordable prices. The regulatory framework for energy infrastructure, including the TEN-E Regulation, will need to be reviewed to ensure consistency with the climate neutrality objective. This framework should foster the deployment of innovative technologies and infrastructure, such as smart grids, hydrogen networks or carbon capture, storage and utilisation, energy storage, also enabling sector integration. Some existing infrastructure and assets will require upgrading to remain fit for purpose and climate resilient.

The procedure started in May 2020 when the European Commission published an inception impact assessment of a revision of the TEN-E Regulation to align the policy framework with the new policy context and in January 2021 Final Report “Support to the evaluation of Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure”. The new TEN-E regulation has been adopted on 30 May 2022 (Regulation (EU) 2022/869 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013).

   Regulatory chronicle

28 November 2023

Commission Delegated Regulation (EU) of 28.11.2023 amending Regulation (EU) No 2022/869 of the European Parliament and of the Council as regards the Union list of projects of common interest and projects of mutual interest (C(2023) 7930 final)

4 October 2023

ACER advises future improvements in the selection process of hydrogen PCIs/PMIs

Preliminary list of electricity PCIs/PMIs (2023): ACER calls for greater transparency in the selection process and improvement of the methodologies used

23 June 2023

ACER unveils trio of publications on progress and regulatory treatment of European energy projects 

ACER Consolidated report on the progress of electricity and gas Projects of Common Interest found that the total cost of PCIs in 2023 is EUR 81.2 billion, which reflects a 10% increase compared to 2022.

23 February 2023

Public consultation on the update of ACER cross-border cost allocation (CBCA) Recommendation (PC_2023_EG_03)

25 January 2023

Framework Guidelines for the joint TYNDP scenarios to be developed by ENTSO for Electricity and ENTSO for Gas “TYNDP Scenarios Guidelines” 

6 October 2022

ACER consults on its framework guidelines on scenarios for network development planning until 14 November 2022

23 June 2022

ACER, 8th Edition of Annual Report on the progress of electricity and gas Projects of Common Interest (PCIs) for trans-European energy infrastructure for the year 2021

30 May 2022

Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013

16 May 2022

The Council adopts a revised Trans-European Networks for Energy (TEN-E) Regulation

8 April 2022

Commission Delegated Regulation (EU) 2022/564 of 19 November 2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest published in the EU Official Journal

February 2022

Extension of 2 Months scrutiny period  for the European Parliament regarding Commission Delegated Delegation (EU) of 19.11.2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest, C(2021) 8409 final, {SWD(2021) 335 final}

15 December 2021

Council and Parliament reach provisional agreement on new rules for cross-border energy projects

 
25 November 2021

State aid: Commission adopts revised State aid rules on Important Projects of Common European Interest

19 November 2021

Commission Delegated Delegation (EU) of 19.11.2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest, C(2021) 8409 final, {SWD(2021) 335 final}

11 June 2021

Council agrees on new rules for cross-border energy infrastructure

9 June 2021

Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013’ (COM(2020) 824 final — 2020/0360 (COD) (2021/C 220/06)

June 2021

ACER Consolidated report on the progress of electricity and gas Projects of Common Interest

8 June 2021

Proposal for a Regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 - General approach, Council of the European Union
 

19 March 2021

Electrification Alliance response to the revision of the TEN-E regulation

5 March 2021

ACER/CEER Position on Improving the Regulation on Guidelines for Trans-European Energy Networks (TEN-E Regulation)

January 2021

Support to the evaluation of Regulation (EU) No 347/2013 on guidelines for trans- European energy infrastructure, Final report

15 December 2020

European Commission proposes revised rules for cross-border energy infrastructure in line with the European Green Deal

Proposal for a Regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013 (COM(2020) 824 final, 2020/0360 (COD), {SEC(2020) 431 final} - {SWD(2020) 346 final} - {SWD(2020) 347 final})

Annexes

Questions and Answers: The revision of the TEN-E Regulation 

31 October 2019

Commission publishes 4th list of Projects of Common Interest – making energy infrastructure fit for the energy union

    Documentation

Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013

 
Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009