22.6.84 Official Journal of the European Communities No C 162/7 
procedure laid down in Article 8, to other schemes or 
measures submitted under this Regulation. If, in the 
opinion of the Commission, no other scheme is 
available, it shall recover the payments made. 
Article 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. 
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 (*), 
Having regard to the opinion of the European Par­
liament, 
O OJ No C 344, 20. 12. 1983, p. 4. 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 
The United Kingdom 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 twice a year report to the 
Council and to the European Parliament on the 
application 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. 
Whereas the Council resolutions of 17 December 
1974(2), of 13 February 1975 (3), and of 9 June 
1980 (4), as well as the Council recommendations of 
28 July 1982 (5) and of 24 May 1983 (6) laid down 
certain guidelines for the Community's energy policy; 
(2) OJ No C 153, 9. 7. 1975, p. 2. 
(3) OJNoC 153,9.7. 1975, p. 6. 
(4) OJ No C 149, 18. 6. 1980, p. 3. 
(s) OJ No L 247, 23. 8. 1982, p. 9. 
(') OJ No L 140, 31. 5. 1983, p. 25. Amendments to the proposal for a Council Regulation establishing special measures of 
Community interest relating to energy strategy 
COM(84) 150 final/2 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 28 February 1984) 
(84/C 162/04) 
C^oCtD^ Official journal of the European Communities ^.D.^ 
whereas the Community should establish Community 
policies which make it possible to assist member 
states which find themsel^es^ in their relations with 
the Community^ inasituationof financialimbalance 
incomn^dble with economic efficiency^ 
whereas any such imbalance should therefore be 
corrected by means of expenditure in the contextof 
Community nolicies^ 
whereas the Community has defined an energy 
strategy designed notably to reduce dependence on 
imnorts of energy nroducts^ particularly oib 
whereas it is necessary to establish snecial measures 
of Community interest relating to energy strategy and 
in^ol^ing financial contributions from the Community 
to energy nro^ects programmes or measures in the 
Pederal Republic of (Germany and in the United 
Aingdom^ which contribute towards Community 
energy nolicyob^ecti^es^ 
whereas thetotal amount of the Community contri 
butions necessary for the said specific measures is 
estimated at ^ million ECaO for nro^ects 
programmes and measures executed in the United 
kingdom and at ^Ot million ECU for nro^ects 
programmes and measures executed in the Pederal 
Republic of (Germany^ 
whereas the Community^ financial contribution 
should be in favour of nro^ects or programmes of 
Community interest which ha^erecently been started 
or are about to be started^ or of measures being 
carried outor abouttobe carried outin connection 
with the implementation of current r^ro^ects of 
Community interests 
whereas the nro^ects programmes and measures must 
be specified and sunnorted by the information 
required in order to retain only those which are of 
Community interest in the field to which they related 
whereas thefreatyhasnotnro^idedforthenowers 
of action required for this nurnose^ 
whereas the implementation of the nro^ects 
programmes or measures nro^ided for in this Regu 
lation should be subject to the control of the 
Commissions as wellas tothecontrols laiddownby 
thefreaties and the financial Regulations 
^A^Ane^^r^or^^^^ot^r^^ 
fecial measures of Community interest relating to 
energy strategyareherebyestablishedin t^^inthe 
Pederal Republic of (Germany and in the United 
kingdom. t. The snecial measures of community interest 
shall be implemented by means of financial assistance 
for the imnlcmentation of nro^ects programmes or 
measures which contribute towards one or more of 
the following Community energy nolicyobiecti^es^ 
— the maintenanceof the le^elof the Community^ 
coal production under satisfactory economic 
conditions^ 
— to ensure by a technological research and 
development nolicy that traditional forms of 
energy are better exploited and^inthelongterm^ 
renl^ced by new sources of energy^ 
— the development of indigenous energy resources 
under satisfactory economic conditions^ 
— the reduction of the ratio between the rate of 
growth in energy consumption and the rate of 
economic growths 
— the reduction of oil consumption in the 
Community as a nronortion of total energy 
consumptions 
— an increased share for solid fuels and nuclear 
energy in electricity productions 
— the increased use of renewable energy sources^ 
— restructuring of demand in favour of the more 
rational use of energy^ 
— increased investment in conversion to the use of 
solid fuels. 
^. The projects programmes and measures shall be 
submitted to the Commission together with all the 
information necessary in order to assess^ 
— their conformity withtheobiecti^esreferredtoin 
naragranhp 
— their conformity with the eligibility criteria laid 
down in Articled 
— their Community interest taking account of 
energy strategy and the field under considerations 
— the possibilities of verifying the executionof each 
nro^ect programme or measure and of auditing 
exn^diture. 
^. The commission may request any additional 
information necessary for the examinationof the said 
projects programmes or measures. 
t. The nro^ects programmes or measures shall be 
eligible forafinancial contribution by the Community 
nro^ided they are financed wholly orinnart by nublic 
authorities and fulfil the following criteria^ 
22.6.84 Official Journal of the European Communities No C 162/9 
(a) they must serve to bring about the objectives of 
the Community's energy policy; 
(b) they must be compatible with other Community 
policies; 
(c) 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 commer­
cialization and dissemination of the results in a non­
discriminatory way throughout the Community. 
Article 4 
1. The Commission shall examine the projects 
programmes or measures 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 programmes or measures meriting 
Community assistance, in the light of the criteria 
provided for in Article 3; 
(b) the amount of the Community's overall financial 
contribution, within the limits of the appropri­
ations available. 
3. The Community's overall financial contribution 
may not exceed, for each project programme or 
measure, 60 % of the public expenditure to be 
provided for its execution. 
4. Community financial contributions shall be 
made only in respect of projects programmes or 
measures initiated after 1 January 1983. 
No contribution shall be made in respect of projects 
programmes completed before the entry into force of 
this Regulation. 
5. The Commission's decisions referred to in 
paragraph 2 shall be published in the Official Journal 
of the European Communities. 
Article 5 
1. Appropriations relating to projects programmes 
and measures shall be entered in the budget of the 
European Communities. 
2. When the implementation of the project has 
already started, the advance payment shall be equal to 
the Community share of the amount already 
committed, as notified by the Member State 
concerned: that amount may not, however, exceed 
90 % of the total Community contribution; the Commission shall first ensure that every project 
programme or measure has been started as required 
by this regulation. 
In other cases, as soon as the Commission has taken a 
decision pursuant to Article 4 (2), it will grant an 
advance of 50 %. A further advance of 40 °/o will be 
granted once 50 % of the expenditure on the project, 
programme or measure has been made. 
3. Payment of the 10 % balance shall be effected 
immediately after the sum referred to in paragraph 2 
has been used up, as certified by the Government of 
the Member State concerned, provided that 
implementation of the project programme or measure 
proceeds as planned and that on-the-spot checks have 
been carried out in accordance with the procedure 
provided for in Article 6. 
Article 6 
1. The Commission shall ensure that each project 
programme or measure is implemented in accordance 
with this Regulation, with the provisions adopted for 
its application and with the Regulation 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 programmes or 
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 State concerned by the latter's 
competent authorities, in which Commission officials 
may participate. 
Each Member State concerned shall make available to 
the Commission, for a period of three years from the 
transfer of the balance referred to in Article 5 (3), all 
supporting documents or certified copies thereof 
relating to expenditure. 
2. "Where a project programme 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 also 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 programmes or measures submitted 
under this Regulation. If, in the opinion of the 
Commission, no other project programme or measure 
is available, it shall recover the payments made. 
No C 162/10 Official Journal of the European Communities 22.6.84 
Article 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 a 
qualified majority in accordance with Article 148 (2) 
of the Treaty. 
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 twice a year report to the 
Council and to the European Parliament on the 
application 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. 
Amendments to the proposal for a Council Directive amending Directive 71/118/EEC on 
health problems affecting trade in fresh poultrymeat (') 
COM(84) 286 final 
{Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 4 June 1984) 
(84/C 162/05) 
The proposal referred to above, which was submitted 
by the Commission to the Council on 19 March 1981, 
is hereby amended as follows: 
Article 1 (2) is replaced by the following: 
'2. The following Article is inserted: 
"Article 17 
1. The cost of the health inspections and 
controls provided for in this Directive shall be 
borne by the authorities of the Member States. 
2. In order to participate in the financing of 
the inspections and controls referred to in 
paragraph 1, Member States shall collect or 
(') OJ No C 97, 29. 4. 1981, p. 12. order the collection of a contribution towards 
the cost of the said inspections and controls, 
fixed in accordance with the procedure laid 
down in paragraph 4 and payable upon the 
slaughter of the animals specified in Article 
1 (1) or upon the importation of poultrymeat 
from non-member countries. This contribution 
to be borne by the person on whose account 
the animal is slaughtered or the importation 
made. 
3. The contribution shall replace all charges 
payable in the Member States in connection 
with the health and control of fresh poultry-
meat, with the exception of the charges 
provided for: 
— where slaughter or destruction is ordered 
by the inspection department,