Scope of the new spatial planning framework

The Joint Ministerial Decision (JMD) under number ΥΠΕΝ/ΔΝΕΠ/89998/3072 concerning the ‘Approval of the Special Spatial Planning Framework for Renewable Energy Sources (RES) and environmental approval thereof’ (the ‘SPF-RES’) was published in the Government Gazette No. 694/D/19.08.2026.

This JMD comes 18 years after the previous JMD of 2008, addressing a significant long-standing issue.

The new SPF-RES covers the key RES technologies:

• wind projects
• photovoltaics
• solar thermal energy
• biomass, biogas, biofuels and biomethane
• geothermal energy
• small hydropower (SHP),

as well as (electrochemical) energy storage projects, which are now subject to their own spatial planning regulations.

The following categories of projects are, however, not covered by the scope of the SPF-RES:

• small-scale renewable energy projects exempt from environmental licensing, with the exception of photovoltaic installations
• photovoltaic systems on roofs, artificial surfaces and uncovered plots of land
• large hydropower projects (>15 MW)
• pumped-storage hydroelectricity
• projects for the generation of electricity from wave or other forms of ocean energy
• renewable hydrogen projects
• as well as the accompanying projects.

Meanwhile, the Ministry of the Environment has already published clarifications through 18 Q&A regarding the new SPF-RES.

With extensive experience in energy law and, in particular, in the development and licensing of renewable energy projects, our firm has dealt with issues relating to the current spatial planning framework, from the earliest stages of a project’s development through to its operation. In this context, we are monitoring developments regarding the new SPF-RES and its implications for projects already under development or in operation, as well as for new investments.

What applies to existing projects

Following the enactment of the new SPF-RES, a key question that arises is whether and how it possibly affects existing projects, whether they are currently operational or under development.

The new SPF-RES came into force on 19 August 2026.

In accordance with its transitional provisions, projects that are operating lawfully shall continue to do so until they cease operations and, in general, licences (installation licence, environmental terms approval (ΕΤΑ), standard environmental commitments (SEC), etc.) that have been issued shall remain in force for their respective prescribed durations, whilst they are renewed or amended in accordance with the provisions, which were in force prior to the entry into force of the new SPF-RES and on the basis of which they were assessed at the time of their issue, subject to two reservations:

– firstly, the amendment of the ETA/SEC in the event of (a) a change in the location of a facility in accordance with Article 24 of Law 4951/2022, and (b) an increase or amendment to the boundaries of the previously approved installation polygon by more than 50%, without an increase in installed capacity, and

– secondly, the amendment of a Producer’s Certificate / Special Project Certificate / Production Licence for wind power installations due to a change in the diameter of the wind turbines, to which the provisions of Article 5 case g of the SPF-RES shall apply.

Consequently, projects holding an ETA or SEC, as applicable, may obtain an installation and operation licence, where required, as well as any other licence or authorisation, and may be constructed and commissioned within the timeframe provided for by the relevant legislation.

It is also provided that environmental impact studies dossiers, which have been submitted to the competent authorities and have received approval of dossier formal completeness by the date the SPF-RES came into force shall continue to be assessed, under the applicable procedure for their approval or rejection in order for the issue of ETA, in accordance with the provisions in force prior to the entry into force of the SPF-RES.

On the other hand, for existing producer certificates, special project certificates, producer licences and storage licences, for which the licensing procedure has not progressed further and, in the event an EIA dossier has been submitted but not obtained formal completeness approval, the SPF-RES provides that they are reviewed anew as concerns their compliance with the provisions thereof.

Furthermore, with regard to projects currently in operation, the new SPF-RES stipulates an explicit obligation, upon cessation of their operation, to restore, at their own expense and in accordance with the approved environmental conditions, the relevant sites, ensuring in particular the dismantling and safe removal of the installations, the restoration of native vegetation and, in general, the return of the site, as far as possible, to its previous condition.