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REGULATION ( EEC ) NO 1056/72 OF THE COUNCIL OF 18 MAY 1972 ON NOTIFYING THE COMMISSION OF INVESTMENT PROJECTS OF INTEREST TO THE COMMUNITY IN THE PETROLEUM , NATURAL GAS AND ELECTRICITY SECTORS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 5 AND 213 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;

WHEREAS THE INTRODUCTION OF A COMMON ENERGY POLICY IS ONE OF THE OBJECTIVES OF THE COMMUNITIES ; WHEREAS IT IS THE TASK OF THE COMMISSION TO PROPOSE THE MEASURES TO BE TAKEN FOR THIS PURPOSE ;

WHEREAS , AFTER STUDYING THE COMMUNICATION MADE TO IT BY THE COMMISSION ON 18 DECEMBER 1968 ON INITIAL GUIDELINES FOR A COMMUNITY ENERGY POLICY , THE COUNCIL , DURING ITS 88TH SESSION HELD ON 13 NOVEMBER 1969 :

- APPROVED THE BASIC PRINCIPLES OF THAT COMMUNICATION IN THE LIGHT OF THE REPORT FROM THE COMMITTEE OF PERMANENT REPRESENTATIVES ;

- REQUESTED THE COMMISSION TO PUT BEFORE IT AS SOON AS POSSIBLE THE MOST URGENT CONCRETE PROPOSALS IN THIS FIELD ;

- AGREED TO STUDY THESE PROPOSALS AS SOON AS POSSIBLE IN ORDER TO ESTABLISH A COMMUNITY ENERGY POLICY ;

WHEREAS OBTAINING AN OVERALL PICTURE OF THE DEVELOPMENT OF INVESTMENTS IN THE COMMUNITY IS ONE FEATURE OF SUCH A POLICY ; WHEREAS THIS WILL , IN PARTICULAR , ENABLE THE COMMUNITY TO MAKE THE NECESSARY COMPARISONS ;

WHEREAS THE ACCOMPLISHMENT OF THAT TASK REQUIRES THE MOST ACCURATE INFORMATION POSSIBLE ON INVESTMENTS ; WHEREAS , WITH REGARD TO COAL AND ATOMIC ENERGY , UNDERTAKINGS ARE UNDER AN OBLIGATION , PURSUANT TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , TO NOTIFY THEIR INVESTMENT PROJECTS ; WHEREAS IT IS DESIRABLE TO SUPPLEMENT SUCH INFORMATION WITH PARTICULARS RELATING TO PETROLEUM , NATURAL GAS AND ELECTRICITY ; WHEREAS TO THIS END THE COMMISSION SHOULD BE INFORMED OF INVESTMENT PROJECTS WHICH ARE OF INTEREST TO THE COMMUNITY IN THE SECTORS CONCERNED ;

WHEREAS , SO THAT THE COMMISSION MAY CARRY OUT ITS TASK , IT SHOULD BE INFORMED IN GOOD TIME OF ANY FUNDAMENTAL ALTERATION IN SUCH PROJECTS , IN PARTICULAR AS REGARDS THE PERIOD REQUIRED FOR CARRYING THEM OUT AND THE PLANNED CAPACITY ; WHEREAS IN CONSEQUENCE COMMUNICATION OF SUCH PARTICULARS IS SIMILARLY INDISPENSABLE ;

WHEREAS MEMBER STATES SHOULD FOR THIS PURPOSE COMMUNICATE TO THE COMMISSION , WITH ANY COMMENTS THEY MAY HAVE , PARTICULARS OF INVESTMENT PROJECTS CONCERNING PRODUCTION , STORAGE AND DISTRIBUTION OF PETROLEUM , NATURAL GAS OR ELECTRIC POWER PLANNED IN THEIR TERRITORY ; WHEREAS TO THIS END THE PERSONS AND UNDERTAKINGS CONCERNED MUST BE UNDER AN OBLIGATION TO COMMUNICATE TO THE MEMBER STATES THE INFORMATION IN QUESTION ;

WHEREAS IT IS DESIRABLE TO ENABLE THE COMMISSION TO PRESCRIBE , IF NEED BE , CERTAIN PRACTICAL DETAILS , SUCH AS THE FORM AND CONTENT OF THE NOTIFICATIONS TO BE MADE ;

WHEREAS OBSERVANCE OF THE OBLIGATIONS PROVIDED FOR IN THIS REGULATION AND THE CONFIDENTIAL NATURE OF THE INFORMATION COLLECTED SHOULD BE ENSURED ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . MEMBER STATES SHALL , BEFORE 15 FEBRUARY OF EACH YEAR , COMMUNICATE TO THE COMMISSION THE INFORMATION THEY HAVE OBTAINED ON THE BASIS OF THE PROVISIONS OF PARAGRAPH 2 CONCERNING INVESTMENT PROJECTS LISTED IN THE ANNEX WHICH RELATE TO THE PRODUCTION , TRANSPORT , STORAGE OR DISTRIBUTION OF PETROLEUM , NATURAL GAS OR ELECTRIC POWER AND WHICH ARE SCHEDULED TO START WITHIN THREE YEARS FROM 1 JANUARY OF THE CURRENT YEAR .

MEMBER STATES SHALL ADD TO THEIR NOTIFICATIONS ANY COMMENTS THEY MAY HAVE .

2 . IN ORDER TO FULFIL THE OBLIGATION LAID DOWN IN PARAGRAPH 1 , THE PERSONS AND UNDERTAKINGS CONCERNED SHALL , BEFORE 15 JANUARY OF EACH YEAR , COMMUNICATE DETAILS OF INVESTMENT PROJECTS REFERRED TO IN PARAGRAPH 1 TO THE MEMBER STATES IN WHOSE TERRITORY THEY ARE PLANNING TO CARRY THEM OUT .

3 . THE NOTIFICATIONS PROVIDED FOR IN PARAGRAPHS 1 AND 2 SHALL , MOREOVER , INDICATE THE VOLUME OF CAPACITIES IN COMMISSION OR UNDER CONSTRUCTION OR WHICH ARE SCHEDULED TO BE TAKEN OUT OF COMMISSION WITHIN THREE YEARS .

4 . WHEN CALCULATING CAPACITIES OR DIMENSIONS MENTIONED IN THE ANNEX , THE MEMBER STATES , PERSONS OR UNDERTAKINGS CONCERNED SHALL TAKE INTO ACCOUNT ALL PARTS OF A PROJECT IN SO FAR AS THEY TOGETHER CONSTITUTE A TECHNICALLY INDIVISIBLE WHOLE , EVEN WHERE THE PROJECT IS CARRIED OUT IN SEVERAL SUCCESSIVE STAGES .

ARTICLE 2

1 . WITH REGARD TO INVESTMENT PROJECTS PLANNED OR IN PROGRESS , ANY NOTIFICATIONS AS REFERRED TO IN ARTICLE 1 SHALL INDICATE THE FOLLOWING :

- THE NAME , AND ADDRESS OR SEAT OF THE PERSON OR UNDERTAKING PLANNING TO MAKE THE INVESTMENTS ;

- THE PRECISE PURPOSE AND NATURE OF SUCH INVESTMENTS ;

- THE PLANNED CAPACITY OR POWER ;

- THE DATE WHEN WORK IS DUE TO BEGIN AND THE PROBABLE DATE OF COMMISSIONING ;

- THE TYPE OF RAW MATERIALS USED .

AS REGARDS ANY PROPOSED WITHDRAWAL FROM SERVICE , NOTIFICATIONS SHALL INDICATE THE FOLLOWING :

- THE CHARACTER AND THE CAPACITY OR POWER OF THE INSTALLATIONS CONCERNED ;

- THE PROBABLE DATE WHEN THE INSTALLATIONS WILL BE WITHDRAWN FROM SERVICE .

2 . WITHIN THE LIMITS LAID DOWN BY THIS REGULATION AND THE ANNEX THERETO , THE COMMISSION IS AUTHORIZED TO ADOPT IMPLEMENTING PROVISIONS CONCERNING THE FORM , CONTENT AND OTHER DETAILS OF THE NOTIFICATIONS PROVIDED FOR IN ARTICLE 1 .

ARTICLE 3

THE COMMISSION SHALL PLACE BEFORE THE COUNCIL A SUMMARY OF THE INFORMATION OBTAINED PURSUANT TO THIS REGULATION .

ARTICLE 4

INFORMATION FORWARDED PURSUANT TO THIS REGULATION SHALL BE TREATED AS CONFIDENTIAL . THIS PROVISION SHALL NOT PREVENT THE PUBLICATION OF GENERAL INFORMATION OR OF SUMMARIES NOT CONTAINING PARTICULARS CONCERNING INDIVIDUAL UNDERTAKINGS .

ARTICLE 5

MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO ENSURE OBSERVANCE OF THE OBLIGATIONS ARISING UNDER ARTICLES 1 ( 2 ) AND 4 .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ONE MONTH AFTER ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 18 MAY 1972 .

FOR THE COUNCIL

THE PRESIDENT

M . MART

ANNEX

INVESTMENT PROJECTS

1 . PETROLEUM

1.1 REFINING

- DISTILLATION PLANTS WITH A CAPACITY OF NOT LESS THAN 1 000 000 METRIC TONS A YEAR ;

- EXTENSION OF DISTILLING CAPACITY BEYOND 1 000 000 METRIC TONS A YEAR ;

- REFORMING/CRACKING PLANTS WITH A MINIMUM CAPACITY OF 500 METRIC TONS A DAY ;

CHEMICAL PLANTS WHICH DO NOT PRODUCE FUEL OIL AND/OR MOTOR FUELS , OR WHICH PRODUCE THEM ONLY AS BY-PRODUCTS , ARE EXCLUDED .

1.2 TRANSPORT

- CRUDE OIL PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 3 000 000 METRIC TONS A YEAR , WHICH ARE NOT LESS THAN 30 KILOMETRES LONG ;

- PETROLEUM PRODUCT PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 1 500 000 METRIC TONS A YEAR WHICH ARE NOT LESS THAN 30 KILOMETRES LONG ;

- EXTENSION OR LENGTHENING BY NOT LESS THAN 30 KILOMETRES OF PIPELINES COMING WITHIN THE CATEGORIES MENTIONED ABOVE .

PIPELINES FOR MILITARY PURPOSES AND THOSE SUPPLYING PLANTS OUTSIDE THE SCOPE OF ITEM 1.1 ARE EXCLUDED .

1.3 SUPPLY/DISTRIBUTION

- TANKS FOR STORING CRUDE OIL AND PETROLEUM PRODUCTS WITH A CAPACITY OF NOT LESS THAN 100 000 M3 .

TANKS INTENDED FOR MILITARY PURPOSES AND THOSE SUPPLYING PLANTS OUTSIDE THE SCOPE OF ITEM 1.1 ARE EXCLUDED .

2 . NATURAL GAS

2.1 TRANSPORT

- GAS PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 1000 MILLION M3 PER YEAR ;

- EXTENSION OR LENGTHENING BY NOT LESS THAN 30 KILOMETRES OF SUCH GAS PIPELINES ;

- TERMINALS FOR THE IMPORTATION OF LIQUEFIED NATURAL GAS .

GAS PIPELINES AND TERMINALS FOR MILITARY PURPOSES AND THOSE SUPPLYING CHEMICAL PLANTS WHICH DO NOT PRODUCE ENERGY PRODUCTS , OR WHICH PRODUCE THEM ONLY AS BY-PRODUCTS , ARE EXCLUDED .

2.2 DISTRIBUTION

- UNDERGROUND STORAGE INSTALLATIONS WITH A CAPACITY OF NOT LESS THAN 150 000 000 M3 .

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 . ELECTRICITY

3.1 PRODUCTION

- CONVENTIONAL THERMAL POWER STATIONS ( GENERATORS WITH A UNIT CAPACITY OF 200 MW OR MORE ) ;

- HYDRO-ELECTRIC POWER STATIONS ( POWER STATIONS HAVING A CAPACITY OF 50 MW OR MORE ) .

3.2 TRANSPORT

- TRANSMISSION LINES , IF THEY HAVE BEEN DESIGNED FOR A VOLTAGE OF 345 KV OR MORE .