No C 344/4 Official Journal of the European Communities 20. 12.83 
II 
(Preparatory Acts) 
COMMISSION 
i 
Proposal for a Council Regulation establishing special measures of Community interest 
relating to energy strategy 
COM(83) 698 final 
(Submitted by the Commission to the Council on 2 December 1983) 
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, 
Whereas the Council resolutions of 17 December 
1974 0), of 13 February 1975 (2), and of 9 June 
1980 (3), as well as the Council recommendations of 
28 July 1982 (4), and of 24 May 1983 (5), laid down 
certain guidelines for the Community's energy policy; 
Whereas conditions incompatible with the proper 
functioning of the Community could arise when a 
Member State's economy, whilst in a special situation, 
is forced to bear a disproportionate burden in the 
financing of the Community budget; 
Whereas the Community has defined an energy 
strategy designed notably to reduce dependence on 
imports of energy products, particularly oil; 
Whereas it is necessary to establish special measures 
of Community interest relating to energy strategy and 
involving financial contributions from the Community 
to energy projects or measures in the Federal 
Republic of Germany and in the United Kingdom, 
which contribute towards Community energy policy 
objectives; 
Whereas the total amount of the Community contri­
butions necessary for the said specific measures is 
estimated at 255 million ECU for projects and 
(») OJ No C 153, 9. 7. 1975, p. 2. 
O OJ No C 153, 9. 7. 1975, p. 6. 
(') OJNoC 149, 18.6. 1980, p. 1. 
(4) OJ No L 247, 23. 8. 1982, p. 9. 
(*) OJ No L 140, 31. 5. 1983, p. 25. measures executed in the United Kingdom and at 
201 million ECU for projects and measures executed 
in the Federal Republic of Germany; 
Whereas the projects and measures must be specified 
and supported by the information required in order to 
retain only those which are of Community interest in 
the field to which they relate; 
Whereas the Commission should be in a position to 
check the implementation of the projects and 
measures provided for in this Regulation; 
Whereas the Treaty has not provided for the powers 
of action required for this purpose, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Special measures of Community interest relating to 
energy strategy are hereby established in 1984 in the 
Federal Republic of Germany and in the United 
Kingdom. 
Article 2 
1. The special measures of Community interest 
shall be implemented by means of financial assistance 
for the implementation of projects and measures 
which contribute towards one or more of the 
following Community energy policy objectives: 
— the maintenance of the level of the Community's 
coal production under satisfactory economic 
conditions, 
— to ensure by a technological research and 
development policy that traditional forms of 
energy are better exploited and, in the long term, 
replaced 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 growth, 
20. 12. 83 Official Journal of the European Communities No C 344/5 
— the reduction of oil consumption in the 
Community as a proportion of total energy 
consumption, 
— an increased share for solid fuels and nuclear 
energy in electricity production, 
— 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. 
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 referred to in 
paragraph 1, 
— their conformity with the eligibility criteria laid 
down in Article 3, 
— their Community interest taking account of 
energy strategy and the field under consideration, 
— the possibilities of verifying the execution of each 
project and measure and of auditing expenditure. 
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 auth­
orities and fulfil the following criteria: 
(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, particularly as regards the amounts 
of public aid. 
2. Additionally, only those demonstration projects 
or energy research projects will be retained for which 
Member States make the necessary provisions with 
xegard 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 and 
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 and 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 appro­
priations available. 
3. The Community's overall financial contribution 
may not exceed, for each project or measure, 70 % of 
the annual public expenditure to be provided for its 
execution. 
4. No financial contribution shall be made in 
respect of expenditure implemented more than 12 
months before the entry into force of this Regulation. 
5. Not less than 20 % of the Community's total 
financial contributions under this Regulation for 
projects and measures in each country shall be 
allocated in respect of projects or measures 
commenced after a date 12 months before the entry 
into force of this Regulation. 
6. The Commission decisions referred to in 
paragraph 2 shall be published in the Official Journal 
of the European Communities. 
Article 5 
1. Appropriations relating to projects and measures 
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. 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 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. 
No C 344/6 Official Journal of the European Communities 20.12.83 
Article 6 Article 8 
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 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 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 
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 or measure is not implemented 
in conformity with this Regulation or departs sub­
stantially 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 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. 
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. 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 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.