No C 35/22 Official  Journal  of the European  Communities 16. 2. 76 
Opinion  on  the  draft  Council  Regulation  amending  Council  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 text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 219  of 25 September  1975,  page  5. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 August  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community  and  Article  170  of the  Treaty  establishing  the 
European  Atomic  Energy  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
135th  plenary  session,  held  in Brussels  on 26 and  27 November  1975. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  for an opinion  made  by 
the Council  on 14 August  1975, 
Having  regard  to  the  Treaty  establishing  the 
European  Atomic  Energy  Community,  and  in 
particular  Article  170  thereof;  and  having  regard  to 
the Treaty  establishing  the  European  Economic 
Community,  and  in particular  Article  198  thereof, 
Having  regard  to the decision  taken  by its Bureau  on 
23 September  1975,  instructing  the  Section  for 
Energy  and  Nuclear  Questions  to draw  up  an 
opinion  and  a report  on the matter, 
Having  regard  to the opinion  issued  by the Section 
for Energy  and  Nuclear  Questions  at its meeting  on 
7 November  1975, 
Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr Hoffmann, 
Having  regard  to the discussions  at its 135th  plenary 
session,  held  on 26 and  27 November  1975  (meeting 
of 26 November), 
Whereas  achievement  of a Common  Energy  Policy  is 
an urgent  Community  objective; Whereas  the  Commission  has  been  instructed  to 
propose  and  implement  that  policy; 
Whereas  it is therefore  appropriate  that  the 
Commission  be notified  of investment  projects  in the 
energy  sector, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a majority  vote,  with  two  abstentions: 
1. General  comments 
1.1. The  Committee  approves  the  Commission's 
proposal,  subject  to the following  comments: 
1.2. The  most  comprehensive,  accurate  and  timely 
information  possible  on future  investments  is among 
the most  important  prerequisities  for  a Community 
Energy  Policy.  Such  information  is equally  important 
for Community  suppliers  of energy-generating  and 
ancillary  equipment  so that  they  can  gear  their 
production  schedules  accordingly.  For  these  reasons, 
the Committee  considers  that  the  Commission  is 
justified  in seeking:  (i) to extend  the  scope  of 
existing  Regulation  (EEC)  No  1056/72  to cover 
nuclear  electricity-generating  equipment;  (ii)  to 
16. 2. 76 Official  Journal  of the European  Communities No C 35/23 
obtain  information  on all electricity  projects  five 
years  before  construction  work  begins;  (iii)  to ensure 
that details  are  given  on the  planning  status  of all 
projects. 
1.3. At  the  same  lime,  the  information  sought 
under  the amended  Regulation  must,  for the sake  of 
clarity,  relate  exclusively  to  the  planning 
requirements  of  energy  policy  and  equipment 
production.  Therefore,  while  the  Committee 
supports  the need  for information  in the interests  of 
environmental  protection,  it considers  that  the 
information  obtained  on desulphurization  plants  for 
residue/gas-oil/feedstock  should  relate  to energy 
policy  only. 
1.4. On  the  question  of placing  nuclear  electricity 
projects  for  the  first  time  under  a forward 
information  requirement  of five  years  and  of the 
extension  of  the  forward  requirement  for 
conventional  electricity  plants  from  three  years  to 
five years,  the  Committee  notes  that  these  new 
requirements  will  be sufficient  to ensure  that  early 
information  is provided  on the bulk  of conventional 
and nuclear  electricity  projects,  since  construction 
work  on these  projects  is generally  scheduled  to 
begin  within  five  years  of the initial  decision. 
1.5. In  view  of the critical  position  which  will  be 
occupied  in the planning  of future  energy  policy  by 
nuclear  fuel  cycle  installations  (uranium  enrichment, 
fuel preparation,  reprocessing  and  waste  disposal 
facilities),  these  should  be brought  within  the  scope 
of the Regulation. 
1.6. The  need  to obtain  information  on  the 
planning  status  of projects  is important,  particularly 
in the case  of long-term  plans.  When  information  on 
Done  at Brussels,  26 November  1975. such  long-term  plans  is published  in a general  form, 
care should  be taken  to ensure  that  it is properly 
qualified  with  information  on its planning  status,  lest 
it give  rise  to alarmist  fears  among  the general  public 
that the  normal  processes  of consultation  on such 
projects  have  been  by-passed. 
2. Specific  comments 
2.1. Article  2 
Neither  the  'capacities  in commission'  nor  'the 
capacities  which  are  scheduled  to be taken  out  of 
commission  within  three  years',  referred  to in 
Article  1 (3) of Regulation  (EEC)  No  1056/72  can, 
by definition  'include  investment  projects',  as 
mentioned  in the  paragraph  5 which  it is now 
proposed  to add.  This  contradiction  in terms  could 
be removed  by amending  the paragraph  5 to read: 
'5. The  communications  provided  for  in 
paragraphs  1 and  2 shall  include  investment 
projects  of which  some  or all the major  features 
(site,  constructor,  undertaking,  technical 
characteristics,  etc.)  may  be subject  to further 
review  or  final  approval  by  a competent 
authority'. 
2.2. Article  4 
In line  with  the  general  comments  of  1.3, 
information  on  desulphurization  which  is not 
specifically  required  for  energy  policy  purposes 
should  be dealt  with  by a separate  Community 
provision. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for multiannual  research  and  development  programme  of the 
European  Economic  Community  for  reference  materials  and  methods  (Community 
Bureau  of Reference  — CBR)  (1976  to 1978)  (indirect  action) 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 222  of 29 September  1975,  page  115. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 30 July  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community.