8. 2. 77 Official  Journal  of the European  Communities No C 31/3 
II 
(Preparatory  Acts) 
COMMISSION 
'Proposal  for  a Council  Regulation  concerning  the  introduction  of a Community 
consultation  procedure  in respect  of power  stations  likely  to affect  the territory  of 
another  Member  State 
(Submitted  by the Commission  to the Council  on 13 December  1976) 
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  Treaty  establishing  the 
European  Atomic  Energy  Community,  and  in 
particular  Article  203  thereof, 
Having  regard  to the proposal  of the Commission, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  the  establishment  of a common  energy 
policy  is one  of the  objectives  of the  Community; 
whereas  it is the Commission's  task  to propose  the 
measures  to be taken  for this  purpose; 
Whereas  under  the  Council  resolution  of 3 March 
1975  on energy  and  the environment  it is incumbent 
on the Communities  and  the Member  States  to take 
environmental  protection  requirements  into  account 
in all energy  policy  strategy  by taking  effective 
measures; 
Whereas  electric  power  has an important  role  to play 
in a Community  energy  policy; 
Whereas  the selection  of sites  for new  power  stations, 
be they  nuclear  or conventional,  is one  of the major 
problems  raised  by  the  development  of electric 
power; 
Whereas  power  stations,  particularly  those  built  in 
frontier  regions  and  on international  watercourses  or water  surfaces  may  affect  the national  territory  of 
States  other  than  those  responsible  for the stations; 
Whereas  Community-wide  consultation  exists  only  in 
respect  of plans  for  the  discharge  of radioactive 
effluents  likely  to cause  radioactive  contamination  of 
the waters,  soil or air space  of another  Member  State; 
Whereas  it is therefore  necessary  to introduce  a 
Community  consultation  procedure  in respect  of the 
abovementioned  power  stations; 
Whereas  such  a consultation  procedure  implies  that 
the Member  State  on whose  territory  the  proposed 
project  is to be carried  out shall  communicate  to the 
Commission  such  data  as to make  possible  an 
assessment  of the  likely  effects  which  the  project 
might  have  on the territory  of another  Member  State; 
whereas,  to this  end,  the  persons  and  undertakings 
involved  shall  be required  to communicate  this  data 
to the Member  State  on whose  territory  the proposed 
project  is to be carried  out; 
Whereas  the  powers  of action  required  for  this 
purpose  are  not  provided  for  by  the  Treaty 
establishing  the European  Economic  Community  and 
the Treaty  establishing  the European  Atomic  Energy 
Community, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
1. The  construction  of new  power  stations  and  the 
extension  of existing  ones  likely  to have  effects,  not 
No C 31/4 Official  Journal  of the European  Communities 8. 2. 77 
covered  by Article  37 of the  Treaty  establishing  the 
European  Atomic  Energy  Community,  on  the 
territory  of a Member  State  other  than  the  one  on 
whose  territory  it is proposed  to carry  out the project 
shall  be subject  to a procedure  of prior  Community 
consultation. 
2. Conventional  thermal  power  stations  with  a net 
generating  capacity  of less  than  200  MW  and 
hydro-electric  power  stations  with  a net  generating 
capacity  less  than  50 MW  shall  be excluded  from  the 
consultation  procedure. 
Article  2 
1. The  Commission  shall,  on  the  basis  of 
communications  submitted  to it pursuant  to Council 
Regulation  (EEC)  No  1056/72  of 18 May  1972  on 
the notification  to the  Commission  of investment 
projects  of interest  to the  Community  in the 
petroleum,  natural  gas  and  electricity  sectors  (*), as 
amended  by  Council  Regulation  (EEC)  No 
1215/76  (*), draw  up a list  of new  power-station 
projects,  indicating  their  site,  capacity  and  type  and 
shall  forward  this  list to the  Member  States  during 
the month  of March  each  year. 
2. The  Community  consultation  procedure 
envisaged  by Articles  3 to 6 may  be initiated: 
— by a Member  State  which  considers  that  a power 
station  planned  by another  Member  State  is likely 
to have  effects  on its territory  which  are  not 
covered  by Article  37 of the Euratom  Treaty, 
— by the  Member  State  on whose  territory  it is 
proposed  to build  the power  station, 
— by the Commission. 
Article  3 
1. The  Commission  shall  inform  the Member  State 
in question  that  Community  consultation  has  been 
requested  in respect  of a proposed  power  station  to 
be built  on its territory  and  shall  request  that  State  to 
supply  such  data  as will  enable  an assessment  to be 
made  of the following  points: 
— the  permanent,  temporary  or potential  effects  on 
the atmosphere,  soil,  surface  and  ground  waters 
of the other  Member  States, 
— the  risks  for  neighbouring  States  likely  to arise 
from  any  malfunctioning  of the power  station  or 
from  accidents, 
(*) OJ No L 120,  25. 5. 1972. 
(») OJ No L 140,  28. 5. 1976. — the  possible  interaction  between  one  or more 
border  power  stations  and  installations  of all 
types,  whether  existing,  under  construction  or 
planned,  in a neighbouring  Member  State  where 
the hazards  and  effects  on the  environment  and 
health  might  be cumulative. 
2. This  information  shall,  at the  latest,  be 
communicated  to  the  Commission  when  the 
competent  national  authorities  receive  a request  for 
permission  to build  or extend  a power  station. 
3. In  order  to fulfil  the  obligation  specified  in 
paragraphs  1 and  2, the  persons  and  undertakings 
concerned  are  required  to  communicate  the 
information  referred  to in paragraph  1 to each 
Member  State  on whose  territory  they  intend  to build 
the planned  power  station,  in respect  of which 
Community  consultation  has been  requested. 
Article  4 
1. The  Commission  shall  consult  a panel  of 
independent  experts. 
2. At  the request  of the Commission  each  Member 
State  shall  appoint  one  or more  experts  on whom  the 
Commission  may  call  in order  to form  the  panel 
referred  to in paragraph  1. 
Article  5 
1. The  Commission  shall,  after  consulting  the 
panel  of experts  referred  to in Article  4, deliver  an 
opinion  within  six  months  from  the  date  of 
notification  of the information  referred  to in Article  3. 
2. The  Commission's  opinion  shall  be forwarded 
to the Member  State  on whose  territory  the proposed 
project  is to be carried  out  and  to those  Member 
States  which  have  requested  that  the  Community 
consultation  procedure  be put into  operation. 
Article  6 
1. If  the  Commission  considers  that  the 
information  supplied  is insufficient  to enable  an 
assessment  to be made  of the  aspects  referred  to in 
Article  3 paragraph  1, it shall  inform  within  60 days 
the Member  State  on whose  territory  the project  is to 
be carried  out  specifying  the information  which  is 
lacking.  The  Member  State  concerned  shall  forward 
this additional  information  to the Commission  within 
30 days.  Upon  receipt  of this  additional  information 
and in any  case  on expiry  of the 30-day  period,  the 
Commission  shall  deliver  an opinion  in accordance 
with  the procedure  laid  down  in Article  5. 
8.2.77 Official  Journal  of the  European  Communities No C 31/5 
2. If  important  changes  likely  to influence  the 
assessment  of the  various  points  referred  to in Article 
3 paragraph  1 are  made  to the  power  station  plans 
after  the  Commission  has  delivered  its opinion,  the 
Member  State  on  whose  territory  the  proposed 
power  station  is to be  built  shall  be required  to 
provide  the  Commission  with  the  additional 
information  as soon  as  it becomes  available.  In 
accordance  with  the  procedure  laid  down  in Article 
4, the  Commission  shall  deliver  a supplementary 
opinion  within  three  months. Article  7 
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. 
Proposal  for  a Council  Directive  on the  harmonization  of provisions  laid  down  by law, 
regulation  or administrative  action  relating  to the  rules  governing  turnover  tax  and 
excise  duty  applicable  in international  travel 
(Submitted  by  the Commission  to  the Council  on  31 December  1976) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  99 thereof, 
Having  regard  to Council  Directive  69/169/EEC  of 
28 May  1969  (1), as amended  by Council  Directive 
72/230/EEC  of  12  June  1972  (%),  on  the 
harmonization  of  provisions  laid  down  by  law, 
regulation  or  administrative  action  relating  to 
exemption  from  turnover  tax  and  excise  duty  on 
imports  in international  travel, 
Having  regard  to the proposal  of the  Commission, 
Having  regard  to  the  opinion  of  the  European 
Parliament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  it is appropriate  to  pursue  the  action 
undertaken  in respect  of tax  exemptions  granted  to 
individuals  in  international  travel  so  that  the 
populations  of the  Member  States  should  become 
more  strongly  conscious  of the  reality  of the  common 
market; 
Whereas  travel  between  Member  States  should  be 
facilitated  by  an  increase  in  exemptions  from 
turnover  tax  and  excise  duty,  the  amounts  of which, 
as fixed  by the  Council  Directive  of 28 May  1969,  as 
amended  by the  Directive  of 12 June  1972,  have  been reduced,  in real  terms,  by the  rise  in the  cost  of living 
in the Community  as a whole; 
Whereas,  so as to safeguard  the  real  value  of the 
concessions,  the amount  of the  exemptions  granted  to 
travellers  should  be reviewed  each  year; 
Whereas,  in order  to reduce  the  difficulties  and 
instances  of  double  taxation  resulting  from 
fluctuations  in Member  States'  currencies  and  from 
the present  provisions  governing  tax  remission,  it is 
desirable,  firstly,  to draw  as close  as possible  to 
economic  reality  by  using  the  European  unit  of 
account,  as defined  by  Commission  Decision  No 
3289/75/ECSC  of 18  December  1975  (3),  for  con-
verting  units  of account  into  Member  States'  cur-
rencies  and,  secondly,  to  harmonize  the  rules 
governing  tax  remission  at the retail  stage, 
HAS  DECIDED  AS FOLLOWS: 
Article  1 
Article  2 of the  Council  Directive  of 28 May  1969,  as 
amended  by Article  1 of the  Council  Directive  of 12 
June  1972,  shall  be amended  as follows: 
(a) in paragraph  1, the  words  'two  hundred  units  of 
account'  shall  be substituted  for  'one  hundred 
and twenty-five  units  of account'; 
(b) in paragraph  2, the  words  'fifty  units  of account' 
shall  be substituted  for  'thirty  units  of account'; 
(J) OJ No L 133,  4. 6. 1969. 
(2) OJ No L 139,  17. 6. 1972. (s) OJ No L 327,  19. 12. 1975.