The RED Directive and renewable project permitting: what really changes
The RED III Directive establishes a new European framework to accelerate the permitting of renewable projects, with maximum deadlines, acceleration areas and positive administrative silence. Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
The European RED Directive is the legislative framework that defines how far and how fast the energy transition must advance in the European Union. Its impact, however, goes well beyond installed capacity targets: it directly determines the timelines, the procedures and the viability of every renewable project. In this article we explain what these directives are, which of their provisions matter most for permitting, and what their legal status in Spain is today.
RED Directive: what it is.
«RED» may refer to two different types of European legislation: the Radio Equipment Directive (Ràdio Equipment Directive, 2014/53/UE), aimed at the cybersecurity of wireless devices; and the Renewable Energy Directive, which is the one that directly affects the energy sector and the permitting of renewable generation facilities.
We focus on the latter. The RED Directive on renewable energy is the legislative instrument the European Union uses to set binding renewable penetration targets and to establish the procedural framework within which Member States must operate in order to meet them.
RED 1 (2009) – First Renewables Directive
It set the target of 20% of EU energy consumption coming from renewable sources by 2020. It was the first binding framework at European level on clean energy.
RED II (2018) – Second Directive: 30% target by 2030
It revised the target upwards to 32% by 2030 and strengthened monitoring mechanisms. Linked to the European Green Deal and its objective of climate neutrality by 2050.
RED III (2023) – Third Directive: 42.5% target and a procedural revolution
Published in the OJEU on 31 October, it raises the target to 42.5% by 2030 and introduces substantial changes to the administrative permitting of renewable projects, which are the focus of this article.
The most significant provisions for renewables permitting
RED III is not merely a revision of targets. It amounts to a transformation of the authorisation model for renewable projects in Europe. These are its most relevant pillars:
1.- Renewables Acceleration Areas (ZAR)
- Member States must map out priority onshore and offshore areas for the deployment of renewable energy.
- Within these areas, projects do not require an individual environmental impact assessment (unless they generate significant effects), but only appropriate mitigation measures.
- Positive administrative silence applies: if the administration does not respond within the deadline, the authorisation is deemed granted (except where environmental assessment is mandatory).
- Permitting deadlines are notably shorter (see the comparative table below).
2.- Single administrative window
- An obligation on all Member States to create a single point of contact managing the entire authorisation procedure.
- It removes the fragmentation between bodies and administrations that, as things stand today, lengthens case files unnecessarily.
3.- Overriding public interest of renewables
- Renewable generation facilities, their grid connection infrastructure and storage assets are considered to be of overriding public interest.
- This grants them priority when conflicting legal interests are weighed up, speeding up the resolution of appeals and objections.
- This provision has been mandatory since 21 March 2024.
4.- New sectoral targets
- A binding target of 42.5% renewable energy in gross consumption by 2030, extendable to 45% with additional efforts.
- For renewable fuels of non-biological origin (RFNBO, such as green hydrogen): a target of 42% in 2030 and 60% in 2035, extended to any end use and not only to transport.
RED III permitting deadlines
The directive sets specific maximum deadlines. The gap with actual permitting times in Europe —and in Spain in particular— is very significant:
| Project type / Situation | RED III deadline | Situation in Spain | Status |
|---|---|---|---|
| Within Renewables Acceleration Areas | 12 months (+6 extendable) | ZAR not yet defined | Pending |
| Outside ZAR (general regime) | 24 months (+6 extendable) | Up to 8 years (Operating auth.) | Divergent |
| Small installations (≤100 kW) | 1 month | No clear equivalent | Not transposed |
| Construction Admin. Authorisation | Included in the deadlines above | Up to 49 months | Excessive |
| Offshore wind and pumped hydro | No specific distinction | Maximum 9 years | Divergent |
The European figures are equally worrying: in several countries the delays in granting permits for solar projects exceed two years and, in some cases, stretch to four, double the maximum allowed by the directive itself.
RED III – Are they mandatory? The key lies in transposition
This is one of the most frequent questions we receive at auma from our developer clients. The answer has important nuances:
European directives are NOT directly applicable. Unlike EU regulations —which bind all citizens and companies from their publication in the Official Journal— directives oblige Member States to transpose their content into national law within a set deadline.
Until this transposition process is complete, developers cannot directly invoke the deadlines and advantages of RED III before the Spanish administration.
The general deadline for transposing RED III expired on 21 May 2025. However, none of the 27 Member States fully complied. As of today, Spain is more than 465 days late in transposing this directive, making it the most delayed piece of green transition legislation in the country.
Consequences of the delay: The European Commission has already opened infringement proceedings against non-compliant Member States. Sweden has been referred to the Court of Justice of the EU (CJEU) precisely for failing to accelerate renewable authorisation processes. Spain, although it has not yet received a financial penalty on this ground, remains highly exposed legally before Brussels.
At national level, MITECO has opened for public consultation a draft Royal Decree on the promotion of renewable fuels which partially transposes RED III as regards transport. Nevertheless, the provisions that are key for facility permitting —ZAR, the single window, maximum deadlines— have yet to be incorporated into Spanish law.
What is already in force in Spain
- The presumption of overriding public interest of renewables, whose transposition deadline expired on 21 March 2024, may be invoked in administrative and judicial proceedings.
- The regime of deadlines and milestones established by Royal Decree-Law 8/2023 (Construction Authorisation: 49 months; Operating Authorisation: up to 8 years) remains the applicable rule.
- The simplified environmental impact determination procedure for wind and solar photovoltaic projects, introduced on a temporary basis, continues to apply to projects submitted before 31 December 2024.
What this means for developers
RED III represents a paradigm shift in renewables permitting in Europe. Its deadlines, its ZAR model and positive administrative silence are a substantial improvement on the current status quo. But until transposition takes place in Spain, these advantages remain out of developers' reach.
The practical implications are clear: project planning must be carried out under the national legislation in force, anticipating current deadlines and their possible extensions. At the same time, it is worth following legislative progress closely, because transposition —when it comes— may significantly alter permitting times and costs, especially for projects in areas that may be designated as ZAR.
At auma auma we support our clients across the entire administrative permitting chain of renewable projects: from the analysis of regulatory feasibility through to obtaining authorisations, with continuous monitoring of regulatory changes at European and national level.