EN Official Journal of the European Communities L 183/1

COMMISSION DECISION

of 15 June 1979

laying down detailed rules for the implementation of Council Decision 77/706/EEC

(79/639/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision 77/706/EEC of 7 November 1977 on the setting of a Community target for a reduction in the consumption of primary sources of energy in the event of difficulties in the supply of crude oil and petroleum products (1), and in particular Article 5 thereof,

Having consulted the Member States in accordance with Article 5 of the said Decision,

Whereas the Council has adopted Regulation (EEC) No 1729/76 of 21 June 1976 concerning the communication of information on the state of the Community's energy supplies (2);

Whereas the Commission has adopted Decision 78/890/EEC of 28 September 1978 applying Council Decision 77/186/EEC on the exporting of crude oil and petroleum products from one Member State to another in the event of supply difficulties (3);

Whereas Article 1 (1) of Decision 77/706/EEC provides that where difficulties arise in the supply of crude oil or petroleum products in one or more Member State, the Commission, acting at the request of a Member State or on its own initiative, and after consulting the group provided for in Directive 73/238/EEC, may set a target for reducing consumption of petroleum products in the Community as a whole by up to 10 % of normal consumption;

Whereas Article 1 (2) of Decision 77/706/EEC provides that, in order to safeguard the unity of the market and to ensure that all energy consumers in the Community bear their fair share of the difficulties arising from the crisis, the Commission shall, on the expiry of a period of two months following the application of Article 1 (1), propose to the Council a new target for reducing consumption by up to 10 % of normal consumption and differentiated according to Member State, following which the quantities saved are to be shared among the Member States;

Whereas Article 1 (2) of Decision 77/706/EEC provides that in the event of a larger shortfall the Commission may propose to the Council that the target for reducing consumption exceeds 10% and be extended to other forms of energy;

Whereas the sharing-out among Member States of the quantities saved following the application of Article 1 (3) of Decision 77/706/EEC may entail additional costs, the evaluation and settlement of which are within the competence of the parties involved; whereas, however, the Commission must be able, at the request of a Member State, to make recommendations and deliver opinions to the Member States concerned to enable agreement to be reached between Member States as regards additional costs;

Whereas, in order to perform these tasks the Commission must have accurate knowledge of the energy situation in the Member States, their supplies of crude oil and petroleum products, the possibilites for substitution between the various forms of energy, and national measures which have been taken to reduce energy consumption in the Member States; whereas the Member States must accordingly provide the Commission with the necessary information,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purposes of this Decision the definitions contained in Article 1 (a), (b), (c) and (d) respectively of Commission Decision 78/890/EEC shall apply in respect of:

(a) ‘normal consumption of crude oil and petroleum products’,

(b) ‘base period’,

(c) ‘supply shortfall’, and

(d) ‘normal supply’.\

2. For the purposes of this Decision:

(a) ‘normal energy consumption’ means the average daily consumption recorded over a base period, i.e.: domestic production of primary fuels, plus imports, plus deliveries from Community countries, minus exports, minus deliveries to Community countries, plus or minus variations in stocks. Seagoing ships' bunkers shall be regarded as exports;

(b) ‘substitutable petroleum products’ means all fuel oil consumed in electricity generation, and, as appropriate, in other sectors of industry, including autoproducers, as calculated pursuant to Article 2(2);

(c) ‘substitutable energy’ means all energy consumed in electricity generation and, where appropriate, in other sectors of industry, including autoproducers, as calculated pursuant to Article 2 (2).

Article 2

1. The amount of any differential cut in substitutable petroleum products as indicated in Article 1 (2) (a) of Decision 77/706/EEC shall not exceed the actual capacity for substitution, the level of which is established pursuant to paragraph 2 below, existing when supply difficulties arise.

2. The group set up by Directive 73/23 8/EEC shall examine annually and, in case of supply difficulties, on the basis of information supplied to the Commission by the Member States, calculated pursuant to Article 10, the capacity for substitution in the Member States of petroleum products defined as covering primarily fuel oil requirements for electricity generation, but also having regard to any possibilities of substitution of fuel oil in industry, including autoproducers. Following upon this examination, the Commission shall take note of the possibilities of substitution thus established.

Article 3

1. Where, pursuant to Article 1 (1) of Decision 77/706/EEC, the Commission sets a target for reducing consumption of petroleum products by up to 10% of normal consumption, it shall in particular take the following into account:

— the overall petroleum products supply situation,

— the supply situation in each Member State,

— measures to reduce consumption taken by Member States,

— international obligations entered into by Member States.

2. Where, pursuant to Article 1.(2) (a) of Decision 77/706/EEC, the Commission proposes to the Council different targets for reducing consumption of non-substitutable petroleum products and of substitutable petroleum products, it shall take into account the factors listed in paragraph 1 and, in particular, the limitations imposed on each Member State by the real possibilities for substitution in electricity generation and, as appropriate, other sectors of industry including autoproducers, as established pursuant to Article 2.

3. Where, pursuant to Article 1 (2) (b) of Decision 77/706/EEC, the Commission proposes to the Council that the target for reducing consumption should exceed 10% and be extended to other forms of energy, it shall in particular take into account the factors listed in paragraph 1 and, in addition, the following:

— the overall energy supply situation,

— the expected duration of difficulties in the supply of crude oil and petroleum products,

— the extent to which the obligatory stocks of crude oil, and/or petroleum products held by Member States have already been drawn on.

Article 4

Where Article 1 of Decision 77/706/EEC is applied, a Member State may, instead of restricting consumption, draw on that portion of its stocks of crude oil and/or petroleum products in excess of its obligations under Directives 68/414/EEC and 72/425/EEC.

Article 5

1. The quantities which are saved and are to be shared out among the Member States pursuant to Article 1 (3) of Decision 77/706/EEC shall be calculated by applying the different rates of reduction in the consumption of the petroleum products for each Member State provided for in Article 1 (2) of the said Decision.

2. A Member State whose rate of reduction in consumption exceeds the Community average shall be required to reallocate a quantity equal to the difference between the level of consumption it could have maintained if a uniform rate of reduction for the Community as a whole had been applied and its consumption as reduced pursuant to Article 1 (2) of Decision 77/706/EEC.

3. A Member State whose rate of reduction in consumption is below the Community average shall be entitled to a reallocation of a quantity equal to the difference between its consumption as reduced pursuant to Article 1 (2) of Decision 77/706/EEC and the level of consumption it could have maintained if a uniform rate of reduction for the Community as a whole had been applied.

Article 6

1. Any additional costs which may be entailed by the sharing-out among Member States of the quantities saved following the application of Article 1 (3) of Decision 77/706/EEC shall be borne by the parties benefiting from such sharing-out. The evaluation of these additional costs shall be within the competence of the parties involved.

2. In the event of disagreement regarding these additional costs, the Commission may, at the request of a Member State, make recommendations or deliver opinions to the Member States concerned.

Article 7

1. The Commission may consult the companies supplying the Community with crude oil and petroleum products in order to obtain general information and, if necessary, appropriate technical assistance in particular in implementing Article 1 (3) of Decision 77/706/EEC as provided for by Article 4 of Decision 78/890/EEC.

2. The Commission shall notify Member States of their allocation rights or allocation obligations pursuant to Article 1 (3) of Decision 77/706/EEC, and Member States shall take appropriate action.

Article 8

Information on energy consumption broken down by major products and sectors of consumption shall be obtained from the replies sent to the Commission by the Member States in accordance with Regulation (EEC) No 1729/76.

Article 9

1. Information on normal consumption of crude oil and petroleum products shall be obtained from the replies sent to the Commission by the Member States pursuant to Article 5 of Decision 78/890/EEC.

2. Where difficulties arise in the supply of crude oil and petroleum products, the Commission may request this information to be supplied in the form of estimates in accordance with a procedure which it shall establish on the basis of the models set out in the Annex.

3. In order to gain a better understanding of the supply situation, with respect in particular to the application of Article 1 (3) of Decision 77/706/EEC, the Commission may, after consulting the group set up by Directive 73/238/EEC, invite Member States to provide the information required in paragraphs 1 and 2 broken down undertaking by undertaking.

Article 10

1. Pursuant to Article 2, the Member States shall, by 31 December each year, communicate to the Commission, on the basis of a common model established by it, the information needed to determine the possibilities of substitution as they exist on 1 October of that year.

2. When Article 1 of Decision 77/706/EEC is applied, the Member States shall forthwith communicate to the Commission the information needed to determine the actual possibilities of substitution as they exist at that date.

Article 11

Where Article 1 of Council Decision 77/706/EEC is applied, Member States shall inform the Commission of any measure taken to reduce the consumption of petroleum products as soon as it is adopted.

Article 12

The Commission shall, on receipt of the information gathered in accordance with Articles 9, 10 and 11, supply a summary thereof to the group set up by Article 3 of Directive 73/238/EEC.

Article 13

Information supplied pursuant to this Decision shall be confidential. This provision shall not prevent the distribution of general information or of summaries which do not contain particulars concerning individual undertakings.

Article 14

The Commission shall, at the request of a Member State, after consulting the group set up by Directive 73/238/EEC, examine problems which may arise from the implementation of this Decision in order to introduce the necessary amendments to the text on the basis of past experience or in the light of any significant changes in the structure of energy supplies, notably to power stations in one or more Member State.

Article 15

This Decision is addressed to the Member States.

Done at Brussels, 15 June 1979. For the Commission Guido BRUNNER Member of the Commission

(1) OJ No L 292, 16. 11. 1977, p. 9.

(2) OJ No L 198, 23. 7. 1976, p. 1.

(3) OJ No L 311, 4. 11. 1978, p. 13.