1992D0167 — EN — 01.01.1995 — 001.001 — 1
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►B COMMISSION DECISION
of 4 March 1992
setting up a Committee of Experts on the Transit of Electricity between Grids
(92/167/EEC)
(OJ L 74, 20.3.1992, p. 43)
Amended by:
OfficialJournal
No page date
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by CouncilDecision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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▼B
COMMISSION DECISION
of 4 March 1992
setting up a Committee of Experts on the Transit of Electricity
between Grids
(92/167/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Whereas, in the context of the completion of the internal energy market,
the Commission has the objective of facilitating energy transfers bypromoting the transit of electricity between grids within the meaning ofArticle 2 of Council Directive 90/547/EEC of 29 October 1990 on thetransit of electricity through transmission grids (
1);
Whereas, to this end, it is desirable for the Commission to be advised
by a committee of experts on matters relating to the smooth functioningof transit and related economic, technical, legal and social factors;
Whereas the entities responsible for the grids should be represented on
that committee; whereas provision should also be made for the partici-pation of particularly qualified persons capable of providing specificknowledge in the field of electricity transit;
Whereas it would be appropriate for the committee of experts also to act
as the conciliation body provided for in Article 3 (4) of Directive90/547/EEC;
Whereas, for the sake of the efficiency of the conciliation procedure, the
committee of experts should meet in an ad hoc composition to consider
any request for conciliation,
HAS DECIDED AS FOLLOWS:
Article 1
The Committee of Experts on Transit of Electricity between Grids,
hereinafter referred to as ‘the Committee', is hereby set up under theauspices of the Commission.
Article 2
Responsibilities
The tasks of the Committee shall be:
— to advise the Commission, at the latter’s request,
— to propose conciliation compromises, at the request of the nego-
tiating parties, in the event of specific requests for transit.
Article 3
Provision of advice
As part of its role of providing advice, the Committee:
(a) shall examine more specifically:
— the technical, financial and legal conditions of transit, taking
into account economic and socialfactors,
— measures to promote the development of electricity transfers
and the improvement of infrastructures,
— the possibilities of cooperation with entities in non-member
countries;
(1) OJ No L 313, 13. 11. 1990, p. 30.
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(b) shall assist the Commission in connection with:
— the drafting of an annualreport on the impl ementation of
Directive 90/547/EEC,
— the revision of the Annex to Directive 90/547/EEC.
▼A1
Article 4
Composition
1. The Committee shall comprise 20 members, namely:
— 15 representatives of the high-voltage grids operating in the
Community (one representative per Member State),
— three independent experts whose professionalexperience and
competence in the field of electricity transit in the Community arewidely recognized,
— one representative of Eurelectric,— one Commission representative.
2. The members of the Committee shall be appointed by the
Commission. The 15 representatives of the grids and the Eurelectricrepresentative shall be appointed after consultation of the circlesconcerned from a list containing at least two proposals for each post.
▼
B
Article 5
Publication
The list of members shall be published by the Commission in the
Official Journal of the European Communities .
Article 6
Term of office
1. The term of office of members of the Committee shall be four
years.
2. Their term of office shall not be renewable.3. By way of derogation from paragraphs 1 and 2, the term of office
of half of the members appointed on the setting-up of the Committeeshall be two years and shall be renewable for a further four-year period.
4. On expiry of their term of office, the members of the Committee
shall remain in office until they are replaced.
5. Where the term of office of a member ends before the expiry of
the four-year period, as a result of his resignation or death or for anyother reasons, he shall be replaced for the remainder of his term ofoffice in accordance with Article 4 (2).
6. The Commission may bring to an end the term of office of a
member after consulting the circles concerned referred to in Article 4(2) and to replace him in accordance with that provision.
7. The office of member of the Committee shall be unpaid.
Article 7
Operation
1. The Committee shall be chaired by the Commission repres-
entative.
2. Representatives of the Commission departments concerned shall
attend meetings of the Committee as observers.
3. Secretariat services for the Committee shall be provided by the
Commission departments.
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4. The chairman may invite any person with particular competence in
respect of an item included on the agenda to take part in the delibera-tions as an expert. Experts shall take part in the deliberations only forthe item for which they have been invited to attend.
5. The Committee shall adopt its own rules of procedure.6. The Committee shall meet at least once a year.
Article 8
Conciliation
1. Only the parties to a dispute relating to a specific request for
transit may refer a matter to the Committee.
2. The Committee shall meet in an ad hoc composition to consider
any request for conciliation.
3. The Committee in its conciliation composition shall comprise the
chairman and six members:
— the Eurelectric representative,
— two experts chosen by and from among the three experts who asre
members of the Committee,
— three representatives of the grids not involved in the negotiations
relating to the specific request for transit on which conciliation hasbeen requested, chosen by and from among the twelve representa-tives of the grids which are members of the Committee.
The chairman shall not vote.4. Any conciliation request must be acted upon.5. The Committee in its conciliation composition shall designate a
rapporteur from among its members.
6. The representatives of the grids involved in the negotiations on a
specific request for transit on which conciliation by the Committee hasbeen requested shall be invited to present their points of view.
7. After discussion by the Committee in its conciliation composition,
the rapporteur shall formulate a conciliation compromise on which thereis likely to be a consensus among the five other members of theCommittee. In the event of disagreement, the rapporteur shall formulatea conciliation compromise on which there is likely to be agreementamong a majority of the five other members. In that event, the opinionsof the minority members shall be put on record.
8. The chairman shall submit the conciliation compromise to the
parties, accompanied by any minority opinions, within three months ofthe date on which the request for conciliation by the Committee wassubmitted.
9. The outcome of the conciliation procedure shall not have binding
force.
10. Representatives of the Member States concerned by a request for
transit may take part in the conciliation procedure as observers.
Article 9
Confidentiality
Members of the Committee and, where appropriate, the experts referred
to in Article 7 (4), shall be required not to disclose information broughtto their knowledge through the work of the Committee, where theCommission informs them that the opinion requested or the questionraised relates to a confidential matter.
Article 10
Effect
This Decision shall take effect on 4 March 1992.