# CE2010348EN.01003801.xml

| 21.12.2010 | EN | Official Journal of the European Union | CE 348/38 |
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21.12.2010

EN

Official Journal of the European Union

CE 348/38

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Thursday 25 February 2010Investment projects in energy infrastructure ***I

P7_TA(2010)0034

European Parliament legislative resolution of 25 February 2010 on the proposal for a Council regulation concerning the notification to the Commission of investment projects in energy infrastructure within the European Community and repealing Regulation (EC) No 736/96 (COM(2009)0361 – C7-0125/2009 – 2009/0106(COD))

2010/C 348 E/06

(Ordinary legislative procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2009)0361),

having regard to the Council’s consultation of Parliament (C7-0125/2009),

having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

having regard to Article 294(3) and Article 194(1) and (2) of the Treaty on the Functioning of the EU,

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to Rules 55 and 37 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0016/2010),

| 1. | Adopts the position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts the position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, to the Commission and to the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

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Thursday 25 February 2010P7_TC1-COD(2009)0106

Position of the European Parliament adopted at first reading on 25 February 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Council Regulation (EC) No 736/96

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
  on the Functioning of
  the European
  Union
  , and in particular
  Article 194 (1) and (2)
  thereof,

▐

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1)

Whereas:

| (1) | The introduction of a common energy policy
  based on solidarity and
  aiming at securing the Union’s energy supply, a transition towards a
  highly energy-efficient economy
  and the functioning of competitive energy markets
  based on solidarity and fair competition within the internal market
  is an objective which the Union has set itself. |
| --- | --- |

(1)

The introduction of a common energy policy
  based on solidarity and
  aiming at securing the Union’s energy supply, a transition towards a
  highly energy-efficient economy
  and the functioning of competitive energy markets
  based on solidarity and fair competition within the internal market
  is an objective which the Union has set itself.

| (2) | Obtaining an overall picture of the development of investment in energy infrastructure in the Union is
  a prerequisite for the development
  of
  a European energy
  policy. It should enable the
  Commission
  to make the necessary comparisons, evaluations or to
  propose
  relevant measures based on appropriate figures and analyses, in particular concerning the future energy supply-demand balance.
  Any measures proposed or taken at Union level should be neutral and should not amount to interventions in the functioning of the market. |
| --- | --- |

(2)

Obtaining an overall picture of the development of investment in energy infrastructure in the Union is
  a prerequisite for the development
  of
  a European energy
  policy. It should enable the
  Commission
  to make the necessary comparisons, evaluations or to
  propose
  relevant measures based on appropriate figures and analyses, in particular concerning the future energy supply-demand balance.
  Any measures proposed or taken at Union level should be neutral and should not amount to interventions in the functioning of the market.

| (3) | The energy landscape within and outside the
  Union
  has significantly changed in recent years and makes investment in energy infrastructure a crucial issue
  to be resolved with a view to
  securing the
  Union’s energy security, in particular through energy efficiency and energy savings, identifying potential future gaps and/or surplus of energy supply and ensuring a regular supply of energy for the Union and
  the
  uninterrupted
  functioning of the internal market and the transition towards a
  highly energy-efficient economy
  the
  Union
  has embarked on. |
| --- | --- |

(3)

The energy landscape within and outside the
  Union
  has significantly changed in recent years and makes investment in energy infrastructure a crucial issue
  to be resolved with a view to
  securing the
  Union’s energy security, in particular through energy efficiency and energy savings, identifying potential future gaps and/or surplus of energy supply and ensuring a regular supply of energy for the Union and
  the
  uninterrupted
  functioning of the internal market and the transition towards a
  highly energy-efficient economy
  the
  Union
  has embarked on.

| (4) | The new energy context requires significant investment in all infrastructure
  , in particular
  in
  the renewable
  energy
  and energy efficiency
  sectors, as well as the development of new types of infrastructure and new technologies being taken up by the market. The liberalisation of the energy sector and the further integration of the internal market give a more prominent role to economic operators for investment and at the same time, new policy requirements such as targets affecting the fuel mix will alter Member States’ policies towards new and/or modernised energy infrastructure. |
| --- | --- |

(4)

The new energy context requires significant investment in all infrastructure
  , in particular
  in
  the renewable
  energy
  and energy efficiency
  sectors, as well as the development of new types of infrastructure and new technologies being taken up by the market. The liberalisation of the energy sector and the further integration of the internal market give a more prominent role to economic operators for investment and at the same time, new policy requirements such as targets affecting the fuel mix will alter Member States’ policies towards new and/or modernised energy infrastructure.

| (5) | Member States should for this purpose always consider reducing energy consumption in line with the EU’s 20 % target of energy efficiency, as the most cost-effective means of attaining its greenhouse gas (GHG) emissions reductions targets, and improving and building on existing infrastructure before investing in new infrastructure. Investment projects in energy infrastructure should be fully aligned with the 2020 target of at least 20 % energy from sustainable renewable sources. |
| --- | --- |

(5)

Member States should for this purpose always consider reducing energy consumption in line with the EU’s 20 % target of energy efficiency, as the most cost-effective means of attaining its greenhouse gas (GHG) emissions reductions targets, and improving and building on existing infrastructure before investing in new infrastructure. Investment projects in energy infrastructure should be fully aligned with the 2020 target of at least 20 % energy from sustainable renewable sources.

| (6) | Given the new
  energy
  policy objectives and market developments, greater attention should be paid to
  priority
  investment in energy infrastructure in the Union, in particular with a view to anticipating problems
  with security of supply
  , promoting best practices and establishing greater transparency on the future development of
  interconnected
  energy
  systems
  in the Union. |
| --- | --- |

(6)

Given the new
  energy
  policy objectives and market developments, greater attention should be paid to
  priority
  investment in energy infrastructure in the Union, in particular with a view to anticipating problems
  with security of supply
  , promoting best practices and establishing greater transparency on the future development of
  interconnected
  energy
  systems
  in the Union.

| (7) | The Commission and in particular
  its
  Market Observatory for Energy should therefore
  , with a view to providing the necessary guarantees for investment priorities,
  dispose of accurate data and information on
  current and future
  investment projects, including
  partial
  decommissioning in the most significant components of the EU energy system. |
| --- | --- |

(7)

The Commission and in particular
  its
  Market Observatory for Energy should therefore
  , with a view to providing the necessary guarantees for investment priorities,
  dispose of accurate data and information on
  current and future
  investment projects, including
  partial
  decommissioning in the most significant components of the EU energy system.

| (8) | Data and information regarding foreseeable developments in production, transport and storage capacities and projects in the various energy sectors are
  important
  to
  future
  Union
  investment
  . It is therefore necessary to ensure that the Commission
  , and in particular its Market Observatory for Energy,
  is notified of investment
  plans and
  projects on which work has started or is scheduled to start within five years and those which aim at taking infrastructure
  wholly or partially
  out of commission within three years.
  ▐ |
| --- | --- |

(8)

Data and information regarding foreseeable developments in production, transport and storage capacities and projects in the various energy sectors are
  important
  to
  future
  Union
  investment
  . It is therefore necessary to ensure that the Commission
  , and in particular its Market Observatory for Energy,
  is notified of investment
  plans and
  projects on which work has started or is scheduled to start within five years and those which aim at taking infrastructure
  wholly or partially
  out of commission within three years.

▐

| (9) | In order for the Commission to dispose of a consistent view of the future developments of the whole EU energy system, a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the Member States is necessary. |
| --- | --- |

(9)

In order for the Commission to dispose of a consistent view of the future developments of the whole EU energy system, a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the Member States is necessary.

| (10) | Information obtained by the Commission pursuant to this Regulation may be used to monitor compliance by Member States within the framework of specific EU legislation, notably Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (2). |
| --- | --- |

(10)

Information obtained by the Commission pursuant to this Regulation may be used to monitor compliance by Member States within the framework of specific EU legislation, notably Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (2).

| (11) | Member States should for this purpose notify to the Commission data and information on investment projects
  in energy infrastructure
  concerning production, storage and transport of oil, ▐ gas,
  coal, renewable energy,
  electric power
  , as well as major projects of district heating and cooling
  and carbon dioxide
  capture, transport and storage
  planned or under construction in their territory
  , including interconnections with third countries
  . The undertakings concerned should be under an obligation to notify to the Member State the data and information in question
  , in order to enable the Commission to monitor the EU energy infrastructure. The Member States and the Commission should be obliged to ensure the confidentiality of the data provided by undertakings
  . |
| --- | --- |

(11)

Member States should for this purpose notify to the Commission data and information on investment projects
  in energy infrastructure
  concerning production, storage and transport of oil, ▐ gas,
  coal, renewable energy,
  electric power
  , as well as major projects of district heating and cooling
  and carbon dioxide
  capture, transport and storage
  planned or under construction in their territory
  , including interconnections with third countries
  . The undertakings concerned should be under an obligation to notify to the Member State the data and information in question
  , in order to enable the Commission to monitor the EU energy infrastructure. The Member States and the Commission should be obliged to ensure the confidentiality of the data provided by undertakings
  .

| (12) | Given the time horizon of investment projects in the energy sector, reporting every two years should be sufficient. |
| --- | --- |

(12)

Given the time horizon of investment projects in the energy sector, reporting every two years should be sufficient.

| (13) | With a view to avoiding a disproportionate administrative burden and minimising costs for Member States and undertakings, in particular for small and medium-sized enterprises, this Regulation should allow Member States and undertakings to be exempted from reporting obligations, provided that equivalent
  and comparable
  information is supplied to the Commission pursuant to EU energy sector specific legislation, adopted by institutions of the European Union and aiming at achieving the objectives of competitive EU energy markets, of sustainability of the EU energy system and of the security of energy supply to the European Union.
  Any duplication of reporting requirements specified in the third energy liberalisation package (Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (3), Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (4), Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (5), Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity (6) and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (7) should therefore be avoided. The Commission should clarify the application of this exemption in order to truly ease the reporting burden and to clarify the content, format and timing of the reporting obligations, the person or bodies who are subject to those obligations and those who are responsible for administering the reporting system. |
| --- | --- |

(13)

With a view to avoiding a disproportionate administrative burden and minimising costs for Member States and undertakings, in particular for small and medium-sized enterprises, this Regulation should allow Member States and undertakings to be exempted from reporting obligations, provided that equivalent
  and comparable
  information is supplied to the Commission pursuant to EU energy sector specific legislation, adopted by institutions of the European Union and aiming at achieving the objectives of competitive EU energy markets, of sustainability of the EU energy system and of the security of energy supply to the European Union.
  Any duplication of reporting requirements specified in the third energy liberalisation package (Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (3), Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (4), Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (5), Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity (6) and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (7) should therefore be avoided. The Commission should clarify the application of this exemption in order to truly ease the reporting burden and to clarify the content, format and timing of the reporting obligations, the person or bodies who are subject to those obligations and those who are responsible for administering the reporting system.

| (14) | Member States, the entity to which they delegate or, where appropriate, the bodies entrusted with EU energy sector-specific investment plans, should ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information notified to the Commission, whilst ensuring the confidentiality of commercially sensitive data and information. |
| --- | --- |

(14)

Member States, the entity to which they delegate or, where appropriate, the bodies entrusted with EU energy sector-specific investment plans, should ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information notified to the Commission, whilst ensuring the confidentiality of commercially sensitive data and information.

| (15) | To process data as well as to simplify and secure data notification, the Commission and in particular its Market Observatory for Energy should be able to take all appropriate measures to that effect, in particular the operation of integrated IT tools and procedures.
  The Commission should ensure that such IT resources guarantee the confidentiality of the data and information notified to the Commission. |
| --- | --- |

(15)

To process data as well as to simplify and secure data notification, the Commission and in particular its Market Observatory for Energy should be able to take all appropriate measures to that effect, in particular the operation of integrated IT tools and procedures.
  The Commission should ensure that such IT resources guarantee the confidentiality of the data and information notified to the Commission.

| (16) | The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (8), while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9). This Regulation leaves those provisions unchanged. |
| --- | --- |

(16)

The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (8), while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9). This Regulation leaves those provisions unchanged.

| (17) | Access to environmental information is governed by Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (10), as well as by Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (11). This Regulation leaves those provisions unchanged. |
| --- | --- |

(17)

Access to environmental information is governed by Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (10), as well as by Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (11). This Regulation leaves those provisions unchanged.

| (18) | The Commission and in particular
  its
  Market Observatory for Energy should provide a regular and cross-sector analysis of the structural evolution and perspectives of the EU energy system and, where appropriate, a more focused analysis of certain aspects of that energy system; such an analysis should
  complement national approaches, develop regional dimensions and,
  in particular, contribute to
  enhancing energy security by
  identifying possible infrastructure and investment gaps
  and associated risks
  with a view to a long-term energy supply and demand balance.
  That analysis should also contribute to a continuous debate at EU level about the need for energy infrastructures and therefore should be forwarded to interested parties for discussion. |
| --- | --- |

(18)

The Commission and in particular
  its
  Market Observatory for Energy should provide a regular and cross-sector analysis of the structural evolution and perspectives of the EU energy system and, where appropriate, a more focused analysis of certain aspects of that energy system; such an analysis should
  complement national approaches, develop regional dimensions and,
  in particular, contribute to
  enhancing energy security by
  identifying possible infrastructure and investment gaps
  and associated risks
  with a view to a long-term energy supply and demand balance.
  That analysis should also contribute to a continuous debate at EU level about the need for energy infrastructures and therefore should be forwarded to interested parties for discussion.

| (19) | Small and medium-sized enterprises should be able to benefit from monitoring and reporting on energy investment projects resulting from this Regulation through which the data collected will be made publicly available and, in the long term, will contribute to new and better coordinated investment trends. |
| --- | --- |

(19)

Small and medium-sized enterprises should be able to benefit from monitoring and reporting on energy investment projects resulting from this Regulation through which the data collected will be made publicly available and, in the long term, will contribute to new and better coordinated investment trends.

| (20) | The Commission may be assisted by experts from Member States or any other competent experts; with a view to developing a common understanding
  of potential infrastructure gaps and associated risks
  and to fostering transparency regarding future developments which is of particular interest for new market entrants. |
| --- | --- |

(20)

The Commission may be assisted by experts from Member States or any other competent experts; with a view to developing a common understanding
  of potential infrastructure gaps and associated risks
  and to fostering transparency regarding future developments which is of particular interest for new market entrants.

| (21) | The technical measures, including supplementary technical definitions, necessary for the implementation of this Regulation, should be adopted by the Commission. |
| --- | --- |

(21)

The technical measures, including supplementary technical definitions, necessary for the implementation of this Regulation, should be adopted by the Commission.

| (22) | Given the amendments necessary to adapt it to today’s energy challenges and for the sake of clarity, Council Regulation (EC) No 736/96 (12) should therefore be repealed and replaced by a new Regulation, |
| --- | --- |

(22)

Given the amendments necessary to adapt it to today’s energy challenges and for the sake of clarity, Council Regulation (EC) No 736/96 (12) should therefore be repealed and replaced by a new Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.   This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, ▐ gas,
  coal, renewable energy and
  electricity ▐ sectors, and on
  major
  investment projects related to
  district heating and cooling and related to the capture and storage of
  carbon dioxide produced by these sectors.

2.
     
  This Regulation also applies to EU undertakings which invest in energy infrastructure projects in third countries which are directly connected to or impact on the energy networks of one or more Member States.

3.   This Regulation shall apply to the types of investment projects listed in the Annex, on which
  construction
  has started or is scheduled to start within five years or which are scheduled to be taken out of operation within three years.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

| (1) | ‘infrastructure’ means any type of installations or part of installations related to the production, transport and storage of energy
  and energy sources
  or carbon dioxide; |
| --- | --- |

(1)

‘infrastructure’ means any type of installations or part of installations related to the production, transport and storage of energy
  and energy sources
  or carbon dioxide;

| (2) | ‘investment projects’ mean projects aiming at:






  (a) | building new infrastructure; |
| --- | --- | --- |

(2)

‘investment projects’ mean projects aiming at:

(a)

building new infrastructure;

| (b) | transforming, modernising, increasing or reducing capacities of existing infrastructure; |
| --- | --- |

(b)

transforming, modernising, increasing or reducing capacities of existing infrastructure;

| (c) | partial or total
  decommissioning of existing infrastructure; |
| --- | --- |

(c)

partial or total
  decommissioning of existing infrastructure;

| (d) | developing new interconnections with energy transport systems between the European Union and third countries; |
| --- | --- |

(d)

developing new interconnections with energy transport systems between the European Union and third countries;

| (3) | ‘planned investment projects’ mean investment projects before construction starts and capital costs are incurred or before decommissioning is effective, including investment projects
  for which an initial request for authorisation has been received by the relevant authorities, but for
  which the major features (location, contractor, undertaking,
  certain basic
  technical
  and operational
  features, etc.) may, in whole or in part, be subject to further review or to final authorisation; |
| --- | --- |

(3)

‘planned investment projects’ mean investment projects before construction starts and capital costs are incurred or before decommissioning is effective, including investment projects
  for which an initial request for authorisation has been received by the relevant authorities, but for
  which the major features (location, contractor, undertaking,
  certain basic
  technical
  and operational
  features, etc.) may, in whole or in part, be subject to further review or to final authorisation;

| (4) | ‘investment projects under construction’ mean investment projects for which construction has started and capital costs are incurred; |
| --- | --- |

(4)

‘investment projects under construction’ mean investment projects for which construction has started and capital costs are incurred;

| (5) | ‘decommissioning’ means the phase where an infrastructure is permanently taken out of operation; |
| --- | --- |

(5)

‘decommissioning’ means the phase where an infrastructure is permanently taken out of operation;

| (6) | ‘production’ means the generation of electricity and the processing of fuels, including bio-fuels; |
| --- | --- |

(6)

‘production’ means the generation of electricity and the processing of fuels, including bio-fuels;

| (7) | ‘transport’ means the transmission of
  electricity, gas, liquid fuels
  or carbon dioxide, through a network, in particular:






  (a) | through pipelines, other than upstream pipeline networks and other than the part of pipelines primarily used in the context of local distribution; |
| --- | --- | --- |

(7)

‘transport’ means the transmission of
  electricity, gas, liquid fuels
  or carbon dioxide, through a network, in particular:

(a)

through pipelines, other than upstream pipeline networks and other than the part of pipelines primarily used in the context of local distribution;

| (b) | through extra high-voltage and high-voltage interconnected systems other than the systems primarily used in the context of local distribution; |
| --- | --- |

(b)

through extra high-voltage and high-voltage interconnected systems other than the systems primarily used in the context of local distribution;

| (c) | through district heating and cooling pipes; |
| --- | --- |

(c)

through district heating and cooling pipes;

| (8) | ‘storage’ means the
  storage
  on a permanent or temporary basis of
  thermal and electrical energy or
  energy sources ▐ in above ground and underground infrastructure or geological sites,
  or the containment of carbon dioxide in underground geological formations
  ; |
| --- | --- |

(8)

‘storage’ means the
  storage
  on a permanent or temporary basis of
  thermal and electrical energy or
  energy sources ▐ in above ground and underground infrastructure or geological sites,
  or the containment of carbon dioxide in underground geological formations
  ;

| (9) | ‘storage site’ means a closed system of storage tanks or a specific geological structure forming a closed storage area; |
| --- | --- |

(9)

‘storage site’ means a closed system of storage tanks or a specific geological structure forming a closed storage area;

| (10) | ‘undertakings’ means any natural or legal private or public person deciding or implementing investment projects; |
| --- | --- |

(10)

‘undertakings’ means any natural or legal private or public person deciding or implementing investment projects;

| (11) | ‘energy sources’ mean






  (a) | primary energy sources, such as oil, natural gas, coal
  or nuclear fuel
  , or transformed energy sources, such as electricity; |
| --- | --- | --- |

(11)

‘energy sources’ mean

(a)

primary energy sources, such as oil, natural gas, coal
  or nuclear fuel
  , or transformed energy sources, such as electricity;

| (b) | renewable energy sources including hydro-electricity, biomass, wind, solar, tidal and geothermal energy; |
| --- | --- |

(b)

renewable energy sources including hydro-electricity, biomass, wind, solar, tidal and geothermal energy;

| (c) | energy products, such as refined oil products and bio-fuels; |
| --- | --- |

(c)

energy products, such as refined oil products and bio-fuels;

| (12) | ‘aggregated data’ means data aggregated at the national or regional level; if aggregation at the national level would reveal commercially sensitive information relating to an individual undertaking, aggregation may be done at the regional level; |
| --- | --- |

(12)

‘aggregated data’ means data aggregated at the national or regional level; if aggregation at the national level would reveal commercially sensitive information relating to an individual undertaking, aggregation may be done at the regional level;

| (13) | ‘specific body’ means a body entrusted by EU energy sector-specific legislation with the preparation and adoption of EU-wide multi-annual network development and investment plans in energy infrastructure, such as the European network of transmission system operators for electricity in accordance with Article 4 of Regulation (EC) No 714/2009 and the European network for transmission system operators for gas in accordance with Article 4 of Regulation (EC) No 715/2009; |
| --- | --- |

(13)

‘specific body’ means a body entrusted by EU energy sector-specific legislation with the preparation and adoption of EU-wide multi-annual network development and investment plans in energy infrastructure, such as the European network of transmission system operators for electricity in accordance with Article 4 of Regulation (EC) No 714/2009 and the European network for transmission system operators for gas in accordance with Article 4 of Regulation (EC) No 715/2009;

| (14) | ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling. |
| --- | --- |

(14)

‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling.

Article 3

Notification of data

1.   While keeping the collection and reporting burden proportionate, Member States or the entity to which they delegate this task shall compile all the data and information specified in this Regulation from the beginning of
  2011
  and thereafter every two years.

They shall notify the aggregated data and relevant project information to the Commission in
  2011
  , that year being the first reporting year, and thereafter every two years.

Member States or their delegated entities shall notify aggregated data and relevant project information by 31 July of the reporting year concerned.

2.   The Commission shall exempt the Member States or their delegated entities from the obligation referred to in paragraph 1 where pursuant to EU energy sector-specific legislation:

| (a) | the Member State concerned or its delegated entity has already notified the requested data or information and has indicated the date of the notification and the specific legislation concerned; |
| --- | --- |

(a)

the Member State concerned or its delegated entity has already notified the requested data or information and has indicated the date of the notification and the specific legislation concerned;

| (b) | a specific body is entrusted with the preparation of a multi-annual investment plan in energy infrastructure at EU level and compiles to this end equivalent data and information; in this case, the specific body shall notify all the relevant data and information to the Commission within the time-limits laid down in paragraph 1. |
| --- | --- |

(b)

a specific body is entrusted with the preparation of a multi-annual investment plan in energy infrastructure at EU level and compiles to this end equivalent data and information; in this case, the specific body shall notify all the relevant data and information to the Commission within the time-limits laid down in paragraph 1.

Article 4

Data sources

1.   The undertakings concerned shall notify the data or information referred to in Article 3 to the Member States, or the entity to which they have delegated, in whose territory they are planning to carry out investment projects before 31 May of each reporting year. The data or information notified shall reflect the situation of investment projects as of 31 March of the reporting year concerned.

However, subparagraph 1 shall not apply to undertakings where the Member State concerned decides to use other means of supplying the Commission with the data or information referred to in Article 3
  provided that the data or information supplied are comparable and equivalent
  .

2.   Member States shall avoid any duplication of data collection
  which is already required under existing EU legislation
  and shall minimise costs for undertakings.

Article 5

Content of the notification

1.   With regard to the investment projects referred to in the Annex, the notification provided for in Article 3 shall indicate where appropriate:

| (a) | the
  volume of the
  capacities planned or under construction; |
| --- | --- |

(a)

the
  volume of the
  capacities planned or under construction;

| (b) | the location, name, type and main characteristics of infrastructure or capacities planned or under construction
  , with details of which are at the planning stage and which are under construction
  ; |
| --- | --- |

(b)

the location, name, type and main characteristics of infrastructure or capacities planned or under construction
  , with details of which are at the planning stage and which are under construction
  ;

| (c) | the date on which the initial request for authorisation was received by the relevant authorities and the estimated date by which all necessary construction authorisations and permits will have been granted; |
| --- | --- |

(c)

the date on which the initial request for authorisation was received by the relevant authorities and the estimated date by which all necessary construction authorisations and permits will have been granted;

| (d) | the probable date of commissioning; |
| --- | --- |

(d)

the probable date of commissioning;

| (e) | the type of energy sources used; |
| --- | --- |

(e)

the type of energy sources used;

| (f) | the technologies of interest for security of supply purposes, such as reverse flows, fuel switching capacities or any other relevant equipment; |
| --- | --- |

(f)

the technologies of interest for security of supply purposes, such as reverse flows, fuel switching capacities or any other relevant equipment;

| (g) | the equipment of carbon capture systems or retrofitting mechanisms; |
| --- | --- |

(g)

the equipment of carbon capture systems or retrofitting mechanisms;

| (h) | the temporary unavailability or interruption of the operation of an infrastructure for a period exceeding three years. |
| --- | --- |

(h)

the temporary unavailability or interruption of the operation of an infrastructure for a period exceeding three years.

2.   With regard to any proposed decommissioning of capacities, the notification provided for in Article 3 shall indicate:

| (a) | the character and the capacity of the infrastructure concerned; |
| --- | --- |

(a)

the character and the capacity of the infrastructure concerned;

| (b) | the probable date of decommissioning
  including, where applicable, the intermediate dates for the gradual phasing-out of the operation of the infrastructure
  ; |
| --- | --- |

(b)

the probable date of decommissioning
  including, where applicable, the intermediate dates for the gradual phasing-out of the operation of the infrastructure
  ;

| (c) | the list of planned measures for environmental rehabilitation, where such rehabilitation is required by specific legislation. |
| --- | --- |

(c)

the list of planned measures for environmental rehabilitation, where such rehabilitation is required by specific legislation.

3.   Any notification under Article 3 shall include the volume of installed
  production, transport and storage
  capacities
  which are in place
  at the beginning of the reporting year concerned.

Where
  Member States
  possess any information concerning delays and/or obstacles to the implementation of investment projects
  , their delegated entities or the specific body referred to in Article 3(2) shall
  include that information in the notification
  .

Article 6

Quality and publicity of data

1.   Member States, the entity to which they delegate or where appropriate the
  specific
  bodies entrusted with EU energy sector-specific investment plans shall ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information which they notify to the Commission.
  If the information is not sufficiently clear and comprehensive, the Commission may require those bodies to provide additional information.

In the case of
  specific
  bodies entrusted with EU energy sector-specific investment plans, the data and information notified shall be accompanied by appropriate comments from Member States on the quality
  and relevance
  of the data and information collected.

2.   The Commission
  shall
  publish
  aggregated
  data and information forwarded pursuant to this Regulation, in particular in analyses referred to in Article 10(3), provided that data and information are published in an aggregated form
  at the national or regional level (in particular where there is only one undertaking in a Member State)
  and that no details concerning individual undertakings are disclosed
  or can be inferred
  .

Such publication shall be without prejudice to the relevant national and EU legislation relating to public access to information, in particular environmental information, information regarding publicly listed companies or information on the public financing of investment projects.

Member States, their delegated entities
  and the Commission
  shall
  each be responsible for preserving
  the confidentiality of commercially sensitive data or information
  in their possession
  .

Article 7

Implementing measures

The Commission shall adopt the measures necessary for the implementation of this Regulation.
  Such measures shall include
  in particular the calculation methodologies to be used, the technical definitions, the form, the content and other details of the notification of data and information referred to in Article 3
  , including the application of the exemption under Article 3(2), and in particular provisions concerning the timing and content of the notifications and the entities which are subject to the reporting obligations
  .

Article 8

Data processing

1.
     The Commission shall be responsible
  , in connection with planning,
  for developing, hosting, managing and maintaining the IT resources needed to receive, store and carry out any processing of the data or information
  on energy infrastructure
  notified to the Commission pursuant to this Regulation.

2.
     
  The Commission shall also ensure that the IT resources needed for the purposes referred to in paragraph 1 guarantee the confidentiality of the data and information notified to the Commission pursuant to this Regulation.

Article 9

Protection of individuals with regards to the processing of data

This Regulation is without prejudice to the provisions of Union law and, in particular, does not alter Member States’ obligations with regard to the processing of personal data, as laid down by Directive 95/46/EC, or the obligations incumbent upon EU institutions and bodies under Regulation (EC) No 45/2001 with regard to the processing of personal data by them in the course of their duties.

Article 10

Monitoring and reporting

1.   On the basis of data and information forwarded and, if appropriate, of any other data sources including data purchased by the Commission, the Commission shall provide at least every two years a cross-sector analysis of the structural evolution and perspectives of the EU energy system in particular with a view to:

| (a) | identifying potential future gaps
  and/or surplus
  of energy supply and demand
  with a special emphasis on potential forthcoming deficiencies and flaws in the production and transmission infrastructure, in particular those due to aging of infrastructures
  ; |
| --- | --- |

(a)

identifying potential future gaps
  and/or surplus
  of energy supply and demand
  with a special emphasis on potential forthcoming deficiencies and flaws in the production and transmission infrastructure, in particular those due to aging of infrastructures
  ;

| (b) | monitoring the evolution of
  investment
  projects from the date of the notification to actual implementation,
  and
  in particular the development of renewable sources of energy,
  promoting best practices to address
  identified obstacles
  ; |
| --- | --- |

(b)

monitoring the evolution of
  investment
  projects from the date of the notification to actual implementation,
  and
  in particular the development of renewable sources of energy,
  promoting best practices to address
  identified obstacles
  ;

| (c) | increasing transparency for market participants
  and potential entrants; |
| --- | --- |

(c)

increasing transparency for market participants
  and potential entrants;

| (d) | monitoring EU investment projects in third countries having an impact on the EU energy market and security; |
| --- | --- |

(d)

monitoring EU investment projects in third countries having an impact on the EU energy market and security;

| (e) | identifying the risk of an excessive dependency on a single energy infrastructure, as well as the risks linked to connections with third countries; |
| --- | --- |

(e)

identifying the risk of an excessive dependency on a single energy infrastructure, as well as the risks linked to connections with third countries;

| (f) | identifying investment needs for improving the functioning of the internal energy market (reverse flows and interconnectors for example). |
| --- | --- |

(f)

identifying investment needs for improving the functioning of the internal energy market (reverse flows and interconnectors for example).

The Commission may also provide on the basis of these data and information any specific analysis deemed necessary or appropriate.

2.   In preparing the analyses referred to in paragraph 1, the Commission
  shall coordinate with the specific bodies entrusted with EU energy sector investment plans and
  may be assisted by experts from Member States and/or any other experts
  , groups and associations
  with specific competence in the area concerned.

3.   The Commission
  shall
  discuss the analyses with interested parties. It shall forward the analyses carried out to the European Parliament, to the Council and to the European Economic and Social Committee and publish them.

4.
     
  The Commission shall, with a view to ensuring consistency between the various monitoring-related publications, take due account of multi-annual investment plans in energy infrastructure drawn up by specific bodies.

Article 11

Review

1.
     Within five years of the entry into force of this Regulation, the Commission shall review its implementation.

2.
     
  In order to improve the quality of data, the Commission, when carrying out the review under paragraph 1 shall examine, if appropriate, the minimum thresholds set out in the Annex, and may require Member States to specify the main characteristics of the infrastructure or capacities planned or under construction.

Article 12

Repeal

Regulation (EC) No 736/96 is hereby repealed.

Article 13

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the
  Official Journal of the European Union
  .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 25 February 2010.

1

(2)  

  OJ L 140, 5.6.2009, p. 16.

2

OJ L 140, 5.6.2009, p. 16.

(3)  

  OJ L 211, 14.8.2009, p. 55.

3

OJ L 211, 14.8.2009, p. 55.

(4)  

  OJ L 211, 14.8.2009, p. 94.

4

OJ L 211, 14.8.2009, p. 94.

(5)  

  OJ L 211, 14.8.2009, p. 1.

5

OJ L 211, 14.8.2009, p. 1.

(6)  

  OJ L 211, 14.8.2009, p. 15.

6

OJ L 211, 14.8.2009, p. 15.

(7)  

  OJ L 211, 14.8.2009, p. 36.

7

OJ L 211, 14.8.2009, p. 36.

(8)  OJ L 281, 23.11.1995, p. 31.

8

(9)  OJ L 8, 12.1.2001, p. 1.

9

(10)  

  OJ L 264, 25.9.2006, p. 13.

10

OJ L 264, 25.9.2006, p. 13.

(11)  

  OJ L 41, 14.2.2003, p. 26.

11

OJ L 41, 14.2.2003, p. 26.

(12)  OJ L 102, 25.4.1996, p. 1.

12

Thursday 25 February 2010ANNEX

INVESTMENT PROJECTS

1.   OIL

1.1.
     
  Production

| — | Extraction installations with a capacity of at least 20 000 bbl/day; |
| --- | --- |

—

Extraction installations with a capacity of at least 20 000 bbl/day;

1.2.   Refining

| — | Distillation plants with a capacity of not less than 1 Mio tonnes a year; |
| --- | --- |

—

Distillation plants with a capacity of not less than 1 Mio tonnes a year;

| — | Extension of distilling capacity beyond 1 Mio tonnes a year; |
| --- | --- |

—

Extension of distilling capacity beyond 1 Mio tonnes a year;

| — | Reforming/cracking plants with a minimum capacity of 500 tonnes a day; |
| --- | --- |

—

Reforming/cracking plants with a minimum capacity of 500 tonnes a day;

| — | Desulphurisation plants for residual fuel oil/gas oil/feedstock/other petroleum products. |
| --- | --- |

—

Desulphurisation plants for residual fuel oil/gas oil/feedstock/other petroleum products.

Chemical plants which do not produce fuel oil and/or motor fuels, or which produce them only as by-products, are excluded.

1.3.   Transport

| — | Crude oil pipelines with a capacity of not less than 3 Mio Metric tonnes a year, and extension or lengthening of these pipelines, which are not less than 30 kilometres long; |
| --- | --- |

—

Crude oil pipelines with a capacity of not less than 3 Mio Metric tonnes a year, and extension or lengthening of these pipelines, which are not less than 30 kilometres long;

| — | Petroleum product pipelines with a capacity of not less than 1.5 Mio tonnes a year, and extension or lengthening of these pipelines, which are not less than 30 kilometres long; |
| --- | --- |

—

Petroleum product pipelines with a capacity of not less than 1.5 Mio tonnes a year, and extension or lengthening of these pipelines, which are not less than 30 kilometres long;

| — | Pipelines which constitute essential links in national or international interconnecting networks and pipelines and projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European Union. |
| --- | --- |

—

Pipelines which constitute essential links in national or international interconnecting networks and pipelines and projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European Union.

Pipelines for military purposes and those supplying plants outside the scope of point 1.2 are excluded.

1.4.   Storage

| — | Storage installations for crude oil and petroleum products (installations with a capacity of 150 Mio m3 or more or, in the case of tanks, with a capacity not less than 100 000 m3). |
| --- | --- |

—

Storage installations for crude oil and petroleum products (installations with a capacity of 150 Mio m3 or more or, in the case of tanks, with a capacity not less than 100 000 m3).

Tanks intended for military purposes and those supplying plants outside the scope of point 1.2 are excluded.

2.   GAS

2.1.
     
  Production

| — | Extraction installations with a capacity of at least 0,1 m cm/day; |
| --- | --- |

—

Extraction installations with a capacity of at least 0,1 m cm/day;

2.2.   Transport

| — | Gas, including natural gas and biogas, transport pipelines; |
| --- | --- |

—

Gas, including natural gas and biogas, transport pipelines;

| — | Pipelines
  which constitute essential links in national or international interconnecting networks and pipelines
  and projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European
  Union and projects referred to in the Annex to Regulation (EC) No 663/2009 of the European Parliament and of the Council of 13 July 2009 establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy (1). |
| --- | --- |

—

Pipelines
  which constitute essential links in national or international interconnecting networks and pipelines
  and projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European
  Union and projects referred to in the Annex to Regulation (EC) No 663/2009 of the European Parliament and of the Council of 13 July 2009 establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy (1).

2.3.   LNG ▐

| — | Terminals for the importation
  and exportation
  of liquefied natural gas; |
| --- | --- |

—

Terminals for the importation
  and exportation
  of liquefied natural gas;

| — | Capacities for regasification and storage and liquefaction. |
| --- | --- |

—

Capacities for regasification and storage and liquefaction.

2.4.   Storage

| — | Storage installations connected to the transport pipelines referred to in point 2.2; |
| --- | --- |

—

Storage installations connected to the transport pipelines referred to in point 2.2;

| — | IT software and hardware that monitors and reports in real time the stocks of gas, to the competent agencies of the EU. |
| --- | --- |

—

IT software and hardware that monitors and reports in real time the stocks of gas, to the competent agencies of the EU.

Gas pipelines, terminals and installations for military purposes and those supplying chemical plants which do not produce energy products, or which produce them only as by-products, are excluded.

3.
     
  COAL, LIGNITE & OIL SHALES

3.1.
     
  Production

| — | New or expanded surface mines with an annual output of not less than 1 million tonnes; |
| --- | --- |

—

New or expanded surface mines with an annual output of not less than 1 million tonnes;

| — | New or expanded deep mines with an annual output of not less than 1 million tonnes. |
| --- | --- |

—

New or expanded deep mines with an annual output of not less than 1 million tonnes.

4.   ELECTRICITY

4.1.   Production

| — | Thermal and nuclear power stations (generators with a unit capacity of 100 MW or more); |
| --- | --- |

—

Thermal and nuclear power stations (generators with a unit capacity of 100 MW or more);

| — | Hydro-electric power stations (power stations having a capacity of 30 MW or more); |
| --- | --- |

—

Hydro-electric power stations (power stations having a capacity of 30 MW or more);

| — | Wind power farms (with a capacity of 20 MW or more for offshore farms or with a capacity of
  5 MW
  or more for onshore farms); |
| --- | --- |

—

Wind power farms (with a capacity of 20 MW or more for offshore farms or with a capacity of
  5 MW
  or more for onshore farms);

| — | Concentrated solar thermal
  and
  geothermal ▐ installations (generators with a unit capacity of 10 MW or more)
  and photovoltaic installations (with a capacity of 5 MW or more)
  ; |
| --- | --- |

—

Concentrated solar thermal
  and
  geothermal ▐ installations (generators with a unit capacity of 10 MW or more)
  and photovoltaic installations (with a capacity of 5 MW or more)
  ;

| — | Biomass/
  bioliquids
  /waste power generation installations (generators with a unit capacity of
  5 MW
  or more); |
| --- | --- |

—

Biomass/
  bioliquids
  /waste power generation installations (generators with a unit capacity of
  5 MW
  or more);

| — | Power stations with cogeneration of electricity and useful heat (units with an electrical capacity of 10 MW or more); |
| --- | --- |

—

Power stations with cogeneration of electricity and useful heat (units with an electrical capacity of 10 MW or more);

| — | Decentralised installations for the production of renewable energy which are connected to an electricity grid or have a contract for purchase by an undertaking with a combined production capacity exceeding 10 MW. |
| --- | --- |

—

Decentralised installations for the production of renewable energy which are connected to an electricity grid or have a contract for purchase by an undertaking with a combined production capacity exceeding 10 MW.

4.2.   Transport

| — | Overhead transmission lines, if they have been designed for a voltage of
  100 kV
  or more; |
| --- | --- |

—

Overhead transmission lines, if they have been designed for a voltage of
  100 kV
  or more;

| — | Underground and submarine transmission cables, if they have been designed for a voltage of 100 kV or more; |
| --- | --- |

—

Underground and submarine transmission cables, if they have been designed for a voltage of 100 kV or more;

| — | Projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European Union
  and projects referred to in the Annex to Regulation (EC) No 663/2009
  ; |
| --- | --- |

—

Projects of common interest identified in the guidelines established under Article 171 of the Treaty on the Functioning of the European Union
  and projects referred to in the Annex to Regulation (EC) No 663/2009
  ;

| — | District heating networks with a diameter of 300 mm or more. |
| --- | --- |

—

District heating networks with a diameter of 300 mm or more.

4.3.
     
  Storage

| — | Electricity storage facilities. |
| --- | --- |

—

Electricity storage facilities.

5.   BIOFUEL

5.1.   Production

| — | Bio-fuel production installations (refinery with a capacity of 50 000 tonnes/year or more). |
| --- | --- |

—

Bio-fuel production installations (refinery with a capacity of 50 000 tonnes/year or more).

6.   CARBON DIOXIDE

6.1.   Transport

| — | CO2 pipelines related to production installations referred to in points 1.2 and 4.1. |
| --- | --- |

—

CO2 pipelines related to production installations referred to in points 1.2 and 4.1.

6.2.   Storage

This section also applies to projects for the geological storage of carbon dioxide provided for in Regulation (EC) No 663/2009.

| — | Storage installations (storage site or complex with a capacity of 100 kt or more). |
| --- | --- |

—

Storage installations (storage site or complex with a capacity of 100 kt or more).

Storage installations intended for research and technological development are excluded.

---

(1)  

  OJ L 200, 31.7.2009, p. 31.

---