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COM (83) 031 
 
 
 
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l. 1983/0 013 
  
 
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
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oncernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Economic 
C
ommunit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom  22. September 2003  
(
ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION  OF THE EUROPEAN  COMMUNITIES 
COM(83)  31 final 
Brussels,  19th  January  1983 
PROPOSAL  FOR A  COUNCIL  REGULATION  (EEC) 
establishing specific measures of Community interest 
relating to energy strategy 
(presented by the Commission to the Council) 
COM(83)  31 final 

Explanatory Memorandum 
Energy  strategy remains an  important  priority  for the Community,, The oil 
crisis  of 1973/4 and the oil price crisis of 1979/80 underlined the 
penalties of the Community's reliance on imported Middle  East  oil. The 
Commission's  October 1981 paper on The Development of an Energy strategy 
for the Community  (C0MC8D540  Final) was welcomed by  both  the European 
Parliament and the  Council.  The analysis in  that  paper of the Community's 
energy situation demonstrated  that  the Community must increase its use 
of both  coal and nuclear energy in order to displace imported oil. The 
paper also showed  that  an effective energy policy must be based on realistic 
energy pricing, on innovation in the fields of new and renewable energy 
technologies, and on satisfactory levels of investment in the rational 
use of energy extending to  both  energy conservation and switching  from 
oil to other fue Is. 
Since  1979/80 the Community's energy situation has improved. Both energy 
and oil consumption have declined, and the level of oil imports is lower. 
These  favourable trends have however largely been the result of ecor.omic 
recession.  Structural change in the Community's energy economy -js still insuf­
ficient. For instance, there has still been no major increase in the 
consumption of  coal,  despite its apparent price advantage over oil. In 
recent months, world oil prices have declined. This heightens the risk 
that  the Community's reliance on imported oil, and therefore vulnerability 
to further  oil price and supply  shocks,  will  once again increase when 
economic  growth  resumes. The combination of economic  recession,  reduced 
cash  flow  in industry, and weakening oil prices is tending to depress the 
level of investments in rational use of energy projects. But these invest­
ments are essential if the Community is to achieve a basis for economic 
growth  and prosperity which is not vulnerable to events in the international 
oil market. 
At an informal meeting in Copenhagen on 16 December 1982, the Energy Ministers 
of the Member States agreed  that  it was of  joint  interest to see progress 
towards a more balanced and comprehensive Community strategy for solid fuels. 

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The Commission is now preparing specific proposals to meet  that  need. 
The discussion in Copenhagen in  effect  reaffirmed the importance of 
coal  and other solid fuels in the Community's energy strategy. 
Energy  investment is  therefore  a central problem which merits the support 
of the Community's financial instruments. In December 1982, the European 
Council  agreed  that  energy policy should continue to be a  priority  objective, 
and charged the Council to accelerate the adoption of new energy measures. 
The proposed regulation follows  from  the conclusions reached by the 
Ministers of Foreign Affairs on 26 October, 1982 and, hence, concerns 
energy projects and measures in the Federal Republic of Germany and the 
United Kingdom. The achievement of such projects and measures of 
Community interest in two Community countries, which are also major 
energy producers and consumers,should allow progress to be made towards 
a Community energy strategy. The following energy fields are concerned: 
energy production, energy conservation and the more rational use of energy, 
energy research and technology and supply security measures. 

Proposal,  for a 
COUNCIL  REGULATION  (ECC) No /83 
of 
establishing specific measures of Community interest 
relating to energy strategy 
THE COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 235  thereof, 
Having regard to the proposal  from  the Commission (1), 
Having regard to the opinion of the European Parliament (2), 
Having regard to the opinion of the Court of Auditors (3), 
Whereas  the Ministers for Foreign Affairs reached certain conclusions on 
26 October 1982 ; 
Whereas  the Community has established an energy strategy designed notably 
to reduce dependence on imports of energy products, particularly oil ; 
Wheareas  it is necessary to establish specific measures of Community interest 
relating to energy strategy and involving financial contributions  from  the 
Community to measures and projects in the fields of energy research and 
technology, energy production, energy conservation, energy supply 
security measures and the more rational use of energy in the Federal 
Republic  of Germany and in the United Kingdom ; 
(1) OJ No C ... of , p. 
(2) 
(3) 

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Whereas  the gLobal  amount  of the  Community  contributions necessary for 
the said specific  measures  is estimated at  610 million  ECU, of  which 
210 million  ECU is the  amount  estimated for the  measures  and projects 
in the Federal Republic of  Germany  and the balance for  measures  and 
projects  executed in the United  Kingdom;  whereas  these amounts  will 
be adjusted to take account of the  above-mentioned  conclusions of the 
Ministers  of Foreign  Affairs  of 26 October,  1982. 
Whereas  the measures  and projects  must be specified  and supported with 
the information required in order to  retain  only those  which  have a 
Community  interest  in the  field  to which  they relate. 
Whereas  the Treaty  does not provide  specific  powers  for action in  this 
regard 
HAS ADOPTED  THIS REGULATION  : 
Article  1 
The specific  measures  of Community  interest relating  to the  energy  strategy, 
to which  the Community  will make contributions  under  this Regulation, are 
hereby established in the Federal Republic of  Germany  and in the United 
Kingdom. 
Article  2 
1. The specific  measures  of Community  interest shall  be implemented  by 
means of financial  assistance for the implementation of projects and 
measures  which  fall,  in compliance with the  energy  policy  defined by 
the Community,  within the  framework  of energy  strategy and  relate  to 
one or more of the following  fields: 
- energy research and technology, 
- energy production, 
- conservation and the  more rational  use of  energy, 
- energy supply security  measures. 
2. The projects and  measures  shall  be submitted to the  Commission  together 
with all the information necessary in order to assess: 
- their conformity with the objectives of  Community  energy  policy, 
- their conformity with the  eligibility  criteria  laid down in 
Article  3, 

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- their Community  interest taking account  of energy  strategy 
and the field under  consideration, 
- the possibilities  of verifying  the execution  of each measure 
and project  and of  auditing  the expenditures* 
3. The Commission  may request  any additional information necessary  for 
the examination  of the  said projects  and measures* 
Article 3 
1* The projects  or measures  shall be eligible  for a  financial  contribution 
by the Community  provided they  are financed wholly  or in  part by public 
authorities  and fulfil the following  criteria  : 
a) they must serve to bring about the objectives  of the  Community's 
energy policy  ; 
b) they must demonstrate  a Community  interest  relating  to energy 
strategy  ; 
c) they must not be  incompatible with other  Community  policies  ; 
d) they must not give rise to distortions  of competition* 
2* Additionally, only those demonstration projects  or energy  research 
projects  will be retained  for which Member  States  make the  necessary 
provisions  with regard  to ensuring  the productive  use, the  commferciali-
sation and dissemination  of the  results  in an  undiscriminating  way 
throughout  the Community* 
Article 4 
1* The Commission  shall examine  the measures  and projects submitted  to 
it, by each of the Member  States concerned,  under  this Regulation  and shall 
refer them for Information  to the  Committee  referred  to in  Article  7. 
2* In accordance  with the procedure  laid down in  Article  8, the Commission 
shall decide  on : 
a) the projects  and measures  meriting  Community  assistance,  in the 
light of the  criteria  laid down in  Article  3 ; 

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b) the amount of the  Community's  financial  contribution, within  the 
limits of the.appropriations available* 
3* The Community's  financial  contribution  may not  exceed,  for each project 
or measure,  70 % of the  annual public expenditure provided  for its 
execution* 
4* The Commission  }'3cisions  referred  to in  paragraph  2 shall be published 
in the Official  Journal  of the  European  Communities* 
Article 5 
1* The appropriations  relating  to the  projects  and measures  referred  to 
by this Regulation  shall be entered  in the  budget of the  European 
Communities, 
2* As soon as a decision  has been taken pursuant  to Article  4(2), the 
Commission  shall make a  payment  of 90% of the  amount of the  Community 
contribution  provided  for* 
3. The payment  of the  10% balance  shall be effected immediately after 
exhaustion  of the sum  referred  to in  paragraph  2, as certified  by the 
government  of the Member  State concerned,  and at the  latest  before  the 
end of the  financial  year following that  of the  commitments,  provided 
that implementation  of the  project  or measure  proceeds  as planned* 
Art i cle 6 
1* The Commission  shall ensure  that each project  or measure  is implemented 
in accordance  with this Regulation, with  the provisions  adopted  for its 
application  and with the Regulations  adopted  pursuant  to Article  209 
of the Treaty* 
To this end, each of the Member  States concerned  shall  supply  the 
Commission  with all information requested  by it and  shall take all 
steps with regard  to Community-assisted projects  and measures  to 
facilitate  such supervision  as the  Commission  may consider appropriate, 
including  on-the-spot  checks  made at  its request with  the approval  of the 
Member States concerned  by its competent  authorities,  in which Commission 
officials  may participate* 
*/* 

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Each Member  State concerned  shall make available  to the  Commission, 
for a period  of three years after transfer  of the  balance referred  to 
in Article  5(3), all supporting  documents  or certified  copies thereof 
relating  to expenditure, 
2, Where a  project  or measure  is not  implemented  in conformity with  this 
Regulation  or departs substantially  from decisions taken  for its 
application,  the Commission  may suspend  payments  still due. In  this 
case, it may  decide that  sums already paid  or still due are to be 
allocated,  in accordance  with the procedure  laid down in  Article  8, 
to other projects  or measures  submitted  under  this Regulation,  If, 
in the opinion  of the  Commission,  no other project  or measure  is 
available,  it shall recover  the payments  made, 
Arti cle 7 
1, A Management  Committee  (hereinafter  called the Committee)  is hereby 
established,  composed  of representatives  of the Member  States  and 
chaired by a representative  of the  Commission, 
2, Within  the Committee/the  votes of the Member  States  shall be weighted 
in accordance  with Article  148(2)  of the  Treaty,  The Chairman  shall not 
vote. 
Article 8 
1, Where the  procedure  laid down in  this Article  is to be  followed,  the 
Chairman  shall  refer the matter to the  Committee  either  on his own 
initiative  or at the  request  of the  representative  of a Member  State, 
2, The representative  of the  Commission  shall submit  drafts  of decisions 
to be taken.  The Committee  shall  deliver its opinion  on the  drafts 
within a time limit  which the Chairman  may fix according  to the  urgency 
• of the  questions  under  consideration.  An opinion  shall be adopted  by 
qualified  majority  in accordance  with Article  148(2)  of the  Treaty, 

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3» The Commission  shall adopt  decisions  which  shall  apply immediately* 
However,  if these decisions are not in  accordance  with the opinion 
of the Committee,  they shall  be communicated  to the Council as  soon 
as possible and at the  latest  within one  month*  In that event, the 
Commission  shall  defer application of the decisions it has  adopted 
for not more than two  months  from the date of such communication* 
The Council, acting by a  qualified  majority, may take a different decision 
within two months* 
Article  9 
Each of the  Member  States  concerned  shall,  in agreement  with the 
Commission,  take the necessary steps to  ensure  that suitable  publicity 
is given to the assistance granted  under  this Regulation* 
Article  10 
The Commission  shall  report to the Council and to the  European  Parliament 
on the application of  this Regulation every six  months  from the entry into 
force of  this Regulation* 
Article  11 
This Regulation  shall  enter into force on the day of 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, 
For the Council 
The President