COMMISSION REGULATION (EEC) No 3025/77 of 23 December 1977 applying Regulation (EEC) No 1056/72 on notifying the Commission of investment projects of interest to the Community in the petroleum, natural gas and electricity sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1056/72 of 18 May 1972 on notifying the Commission of investment projects of interest to the Community in the petroleum, natural gas and electricity sectors (1), as amended by Regulation (EEC) No 1215/76 (2), and in particular Article 2 (2) thereof,

Whereas Article 2 (2) of Regulation (EEC) No 1056/72 provides that the Commission may, within the limits laid down by that Regulation and the Annexes thereto, adopt implementing provisions concerning the form, content and other details of the notifications provided for in Article 1 thereof;

Whereas such provisions were made by the Commission in Regulation (EEC) No 1069/73 of 16 March 1973 (3);

Whereas, to simplify the transmission of information and to ensure that statistics are comparable, notifications to be made by Member States and undertakings should be standardized by the use of questionnaires which would serve as a guide for the presentation and content of such notifications;

Whereas the implementation of Regulation (EEC) No 1215/76 requires certain amendments to the implementing provisions set out in Regulation (EEC) No 1069/73 ; whereas it is therefore necessary to adopt new implementing provisions,

HAS ADOPTED THIS REGULATION:

Article 1

The notifications referred to in Article 1 of Regulation (EEC) No 1056/72 shall be drawn up as shown in the Annex hereto.

Article 2

Regulation (EEC) No 1069/73 is hereby repealed.

Article 3

This Regulation shall enter into force on the day following 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, 23 December 1977.

For the Commission

Guido BRUNNER

Member of the Commission

(1)OJ No L 120, 25.5.1972, p. 7. (2)OJ No L 140, 28.5.1976, p. 1. (3)OJ No L 113, 28.4.1973, p. 14.

ANNEX CONFIDENTIAL QUESTIONNAIRE

to be submitted (a) by companies to the Governments of the Member States

(b) by the Member States to the Commission of the European Communities

The questionnaires forming part of this Annex shall serve as a guide to enable the form and content of the communications to be standardized. The communications shall refer to the following: - existing installations or part installations,

- installations or part installations under construction,

- installations or part installations at the planning stage,

- proposed withdrawals from service of installations or part installations.

Under "existing installations or part installations" shall be included and separately specified: - those installations which have come into service since the previous communication, whether or not such installations were included in previous communications (as being at the planning stage or as installations under construction),

- the total capacity in service at the reporting date.

The following shall be considered as "installations or part installations at the planning stage":

investment projects within the meaning of Council Regulation (EEC) No 1056/72, as amended by Regulation (EEC) No 1215/76, for which the decision in principle to construct or enlarge an installation or part installation has been taken and on which work is scheduled to start within three years from the reference date, in the case of investment projects in the petroleum and natural gas sectors, or within five years in the case of investment projects in the electricity sector. This shall include those investment projects of which the major features (location, contractor, undertaking, technical features etc.) may, in whole or in part, be subject to future review or to final authorization by a competent authority.

The following shall be considered as "proposed withdrawals from service of installations or part installations" : installations or part installations with respect to which the decision has been taken in principle to withdraw them from service (Article 1 (3) of the abovementioned Council Regulation), this decision normally being expected to be put into effect within three years from the reference date.

With respect to the above communications:

the "decisional status" of investment projects shall mean:

clear and concise indications as to whether or not firm decisions have been taken concerning all the major features of the project. These shall specifically include reference to decisions concerning the location, contractor and principal technical features such as size, capacity, type of fuel, nature of process and any other features as appropriate. Such indications shall include explanatory statements;

the "relation to national planning" of investment projects shall mean:

clear and concise indications as to whether or not the investment projects form part of a national plan established by a Member State for the sector concerned. In either case the existence or otherwise of such a national plan must be indicated;

the "supplementary information" relating to investment projects shall include:

clear and concise indications of the reasons for and the purpose of the investment projects and such other indications as will enable the Commission to understand fully the contribution of the investment projects to the sectors concerned, together with details of all significant changes in the major features and decisional status of projects since the previous communication, and such other specific comments indicated by footnotes on the relevant questionnaire sheet. In addition Member States shall add any comments they may have relating to the projects.

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P 1, P 2, 2 A definitions

1. Capacity (to be expressed in 1 000 tonnes per year) : the rated or design intake capacity of plant per stream day multiplied by the average number of days per year the plant is expected to be in operation (1). (In cases where usable capacity is significantly inferior to capacity in this sense the former should be noted in the "Remarks" column.)

2. Total (installed) capacity : the aggregate capacity of individual plants including units which have been shut down (unless scrapped), but excluding units which have been converted to other uses.

3. Total capacity in service : the aggregate capacity of individual plants which are in regular operation, including plants shut down for maintenance or repairs. It is thus equal to "total (installed) capacity" less capacity which has been withdrawn from service indefinitely, or for an extended period.

4. New or re-Commissioned capacity : the capacity of plant which in the previous year was: (a) newly Commissioned;

(b) converted from other uses;

(c) brought back into service after being withdrawn because surplus to requirements.

5. Capacity withdrawn: (A) "Finally" : the capacity of plant which has been, or is scheduled to be, withdrawn from service either to be scrapped or to be converted permanently to other uses.

(B) "Temporarily" : the capacity of plant which has been withdrawn because surplus to current requirements but which it is firmly expected will eventually be put back into service.

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Notes for questionnaire G 1 : Investments

(1) Use own descriptive designation i.e. feeder line, transmission trunk line, distribution line etc.

(2) In cases of extension of an existing system (including looping) designate existing system in 1, 2 and 3 and extension in 4, 5, 6, 7 and 8.

(3) SI units should be used i.e. standard cubic metre at 15 ºC and 1 013 725 millibar.

(4) Provide current best estimate of yearly throughput.

(5) Indicate which of the following have get to be secured : A = government approval ; B = local planning approval ; C = wayleaves ; D = board approval ; E = technical approval ; F = finance ; G = other (specify). Suffix "p" where provisional approvals have already been obtained and only final approval is now required (i.e. Ap, Bp, Fp, etc.).

(6) Indicate : A = national plan exists and installation plays a specific part in implementation of national plan ; B = national plan exists but installation plays no part ; C = no national plan exists ; D = comments provided on separate sheet.

(7) Indicate which of the following are applicable : A = for new imports ; B = for new indigenous production ; C = for market expansion ; D = for supply security ; E = for supply reorganization (new sources) ; F = for market reorganization (no major growth) ; G = opening new consumer areas ; H = other information specified on separate sheet.

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Notes for questionnaire G 2 : Investments

(1) Indicate which of the following have yet to be secured : A = government approval ; B = local planning approval ; C = land ; D = board approval ; E = technical approval ; F = finance ; G = other (specify). Suffix "p" where provisional approvals have already been obtained and only final approval is now required (i.e. Ap, Bp, Fp, etc.).

(2) Indicate : A = national plan exists and installation plays a specific part in implementation of national plan ; B = national plan exists but installation plays no part ; C = no national plan exists ; D = comments provided on separate sheet.

(3) Indicate which of the following are applicable : A = strategic storage (indicate percentage of stock regarded as strategic (i.e. A 25 %) ; B = significant factor in peak shaving ; C = space for additional tankage ; D = no space for additional tankage ; E = requires pipeline investment to integrate with transmission system ; F = other information specified on separate sheet.

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Notes for questionnaire G 3 : Investments

(1) Indicate which of the following have yet to be secured : A = government approval ; B = local planning approval ; C = land ; D = board approval ; E = technical approval ; F = finance ; G = other (specify). Suffix "p" where provisional approvals have already been obtained and only final approval is now required (i.e. Ap, Bp, Fp, etc.).

(2) Indicate A = national plan exists and installation plays a specific part in implementation of national plan ; B = national plan exists but installation plays no part ; C = no national plan exists ; D = comments provided on separate sheet.

(3) Indicate which of the following are applicable : A = strategic storage ; B = peak shaving (indicate frequency of use) ; if mixed, indicate percentage regarded as strategic (i.e. A 50 %. B : daily) ; C = considerable prospects for expansion ; D = little prospect for expansion ; E = requires pipeline investment to integrate with transmission system ; F = other information specified on separate sheet.