Proposal for a Council Regulation (EC) adopting a multiannual programme to promote international cooperation in the energy sector - Synergy programme (95/C 310/13) COM(95) 197 final - 95/0126(CNS)

(Submitted by the Commission on 8 September 1995) THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Community's accession to the European Energy Charter Treaty and the Convention on Climate Change commits it to cooperation in the energy field;

Whereas according to the Green Paper 'For a European Union energy policy` presented by the Commission international energy cooperation is essential owing to the increase in pollution due to the growth of consumption in the developing countries, the role of energy in the stability of society, whether in consumer or producer countries, the increasing energy dependence of the Community and the growth of world markets in production, transport, distribution and consumption technologies;

Whereas this need for international energy cooperation can be satisfied by the creation of a cooperation and assistance programme on the formulation and implementation of energy policy in non-member countries; whereas in view of the Community's experience in this area and, in particular, of the steps it has taken since 1980, these activities should be based on a legal instrument capable of adjusting them to the various Community policies;

Whereas the objectives of the programme envisaged cannot be attained, by reason of their wide-ranging nature, other than at a Community level;

Whereas it is necessary to establish a multiannual framework for the activities carried out under the Community's international energy cooperation programme for the next five years;

Whereas the objectives of the energy cooperation under the programme should be to promote sustainable development, to enhance security of supply and to improve energy efficiency; whereas effect may be given to such cooperation by the provision of grants for financing projects;

Whereas such aid should be anchored in a multiannual indicative programme and annual programmes and may be the subject of agreements with the countries concerned or with international networks of study and research centres;

Whereas since the aid in question is external aid it is governed by the special provisions laid down in Title IX of the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EC) No 2730/94 (2);

Whereas it is appropriate that the Commission be assisted, in the implementation of Community aid, by a committee made up of Member States' representatives;

Whereas it is necessary to coordinate this programme with other activities of the Community, Member States, non-member countries and international institutions;

Whereas the Treaty does not provide, for the adoption of this Regulation, powers other than those of Article 235 of the EC Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

A Community programme of assistance and cooperation with non-member countries in the field of the formulation and implementation of energy policy, hereinafter called 'Synergy`, is hereby adopted.

Article 2

Synergy shall be addressed to all non-member countries.

Article 3

1. Synergy shall be implemented from 1 January 1996 to 31 December 2000.

2. The budgetary authority shall determine the appropriations available for each financial year with due regard for the financial perspectives and budget discipline.

Article 4

1. The purpose of Synergy is to provide assistance and cooperation with the definition, formulation and implementation of energy policy for non-member countries in areas of mutual interest.

2. The objectives of Synergy shall be in accordance with the detailed rules set out in Article 6, in particular:

- to promote sustainable development, notably by reducing emissions of greenhouse gases and of pollutants linked to energy consumption,

- to enhance the security of energy supplies, and

- to improve energy efficiency.

These objectives shall be attained in accordance with the rules set out in Article 6. To that end, the Community may maintain relations with international organizations in the energy sector.

3. In order to achieve the objectives referred to in paragraph 2, the Community shall contribute, in particular, to the financing of activities concerning:

- technical assistance and training,

- energy planning,

- the organization of conferences and seminars,

- the creation of institutions such as the energy centres.

Funding shall also cover costs related to the preparation, implementation, monitoring and evaluation of these operations, as well as costs concerning information and its dissemination. Taxes, duties and the purchase of immovable property shall not be funded.

No funding may be granted to research, development and demonstration projects.

The programme's resources may also be used temporarily to support the operation of the Secretariat of the European Energy Charter Treaty.

Article 5

1. Community funding shall take the form of grants which shall be released in tranches as projects materialize.

2. The grants may cover the whole of a specific project or supplement funding by Member States, non-member countries, international organizations or on the basis of another Community programme.

3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary.

Article 6

1. An indicative programme covering the period referred to in Article 3 (1) shall be established in accordance with the procedure laid down in Article 8 (2), without this being a multiannual budget commitment.

This programme shall define the principal objectives, guidelines and priorities of Community assistance in the indicative areas referred to in Article 4 (2). It shall indicate the objectives considered to have priority.

The programme may be modified in accordance with the same procedure during the period of its application.

2. Action programmes based on the indicative programme shall be adopted each year in accordance with the procedure laid down in Article 8 (2).

These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 4 (2). The content of the programmes shall be determined in detail so as to provide the Member States with the relevant information to enable the committee referred to in Article 8 (1) to deliver its opinion.

3. Specific agreements may be concluded with the non-member countries, in the framework and for the duration of the indicative programme referred to in paragraph 1, in order to define the main lines of cooperation with the countries concerned and the annual consultation procedures regarding the implementation of the programme.

4. Contracts may also be concluded with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the indicative programme.

Article 7

1. The Commission shall implement operations in accordance with the annual programmes referred to in Article 6 (2).

2. Supply contracts shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the Financial Regulation.

Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation.

Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. This amount may be revised by the Council on the basis of a Commission proposal, account being taken of experience gained in similar cases.

Participation in invitations to tender and private contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary non-member countries.

Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries.

3. In the case of co-financing, the participation of undertakings from the non-member countries concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report provided for in Article 10.

Article 8

1. The Commission shall be assisted by a committee of an advisory nature composed of representatives of the Member States and chaired by the representative of the Commission ('Synergy` Committee).

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

3. The Committee may examine any question relating to the implementation of this Regulation which may be put to it by its chairman, possibly at the request of the representative of a Member State and, in particular, any question relating to general implementation, the administration of the programme, co-financing and the coordination referred to in Article 9.

Article 9

1. The Commission shall, together with the Member States, ensure the effective coordination of the technical assistance efforts undertaken in the beneficiary non-member countries by the Community and individual Member States on the basis of the information supplied by the Member States.

2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged.

3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral assistance of the Member States and other Community programmes might be promoted. It shall, in particular, ensure that any duplication of effort between Synergy and these other programmes is avoided.

Article 10

The Commission shall, by 30 June 1998, present a progress report on the implementation of the programme in the previous financial years. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee.

Article 11

This Regulation shall enter into force on the 20th day following 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.

(1) OJ No L 356, 31. 12. 1977, p. 1.

(2) OJ No L 293, 12. 11. 1994, p. 7.

Proposal for a Council Regulation (EC) adopting a multiannual programme to promote international cooperation in the energy sector - Synergy programme (95/C 310/13) COM(95) 197 final - 95/0126(CNS)

(Submitted by the Commission on 8 September 1995) THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Community's accession to the European Energy Charter Treaty and the Convention on Climate Change commits it to cooperation in the energy field;

Whereas according to the Green Paper 'For a European Union energy policy` presented by the Commission international energy cooperation is essential owing to the increase in pollution due to the growth of consumption in the developing countries, the role of energy in the stability of society, whether in consumer or producer countries, the increasing energy dependence of the Community and the growth of world markets in production, transport, distribution and consumption technologies;

Whereas this need for international energy cooperation can be satisfied by the creation of a cooperation and assistance programme on the formulation and implementation of energy policy in non-member countries; whereas in view of the Community's experience in this area and, in particular, of the steps it has taken since 1980, these activities should be based on a legal instrument capable of adjusting them to the various Community policies;

Whereas the objectives of the programme envisaged cannot be attained, by reason of their wide-ranging nature, other than at a Community level;

Whereas it is necessary to establish a multiannual framework for the activities carried out under the Community's international energy cooperation programme for the next five years;

Whereas the objectives of the energy cooperation under the programme should be to promote sustainable development, to enhance security of supply and to improve energy efficiency; whereas effect may be given to such cooperation by the provision of grants for financing projects;

Whereas such aid should be anchored in a multiannual indicative programme and annual programmes and may be the subject of agreements with the countries concerned or with international networks of study and research centres;

Whereas since the aid in question is external aid it is governed by the special provisions laid down in Title IX of the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EC) No 2730/94 (2);

Whereas it is appropriate that the Commission be assisted, in the implementation of Community aid, by a committee made up of Member States' representatives;

Whereas it is necessary to coordinate this programme with other activities of the Community, Member States, non-member countries and international institutions;

Whereas the Treaty does not provide, for the adoption of this Regulation, powers other than those of Article 235 of the EC Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

A Community programme of assistance and cooperation with non-member countries in the field of the formulation and implementation of energy policy, hereinafter called 'Synergy`, is hereby adopted.

Article 2

Synergy shall be addressed to all non-member countries.

Article 3

1. Synergy shall be implemented from 1 January 1996 to 31 December 2000.

2. The budgetary authority shall determine the appropriations available for each financial year with due regard for the financial perspectives and budget discipline.

Article 4

1. The purpose of Synergy is to provide assistance and cooperation with the definition, formulation and implementation of energy policy for non-member countries in areas of mutual interest.

2. The objectives of Synergy shall be in accordance with the detailed rules set out in Article 6, in particular:

- to promote sustainable development, notably by reducing emissions of greenhouse gases and of pollutants linked to energy consumption,

- to enhance the security of energy supplies, and

- to improve energy efficiency.

These objectives shall be attained in accordance with the rules set out in Article 6. To that end, the Community may maintain relations with international organizations in the energy sector.

3. In order to achieve the objectives referred to in paragraph 2, the Community shall contribute, in particular, to the financing of activities concerning:

- technical assistance and training,

- energy planning,

- the organization of conferences and seminars,

- the creation of institutions such as the energy centres.

Funding shall also cover costs related to the preparation, implementation, monitoring and evaluation of these operations, as well as costs concerning information and its dissemination. Taxes, duties and the purchase of immovable property shall not be funded.

No funding may be granted to research, development and demonstration projects.

The programme's resources may also be used temporarily to support the operation of the Secretariat of the European Energy Charter Treaty.

Article 5

1. Community funding shall take the form of grants which shall be released in tranches as projects materialize.

2. The grants may cover the whole of a specific project or supplement funding by Member States, non-member countries, international organizations or on the basis of another Community programme.

3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary.

Article 6

1. An indicative programme covering the period referred to in Article 3 (1) shall be established in accordance with the procedure laid down in Article 8 (2), without this being a multiannual budget commitment.

This programme shall define the principal objectives, guidelines and priorities of Community assistance in the indicative areas referred to in Article 4 (2). It shall indicate the objectives considered to have priority.

The programme may be modified in accordance with the same procedure during the period of its application.

2. Action programmes based on the indicative programme shall be adopted each year in accordance with the procedure laid down in Article 8 (2).

These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 4 (2). The content of the programmes shall be determined in detail so as to provide the Member States with the relevant information to enable the committee referred to in Article 8 (1) to deliver its opinion.

3. Specific agreements may be concluded with the non-member countries, in the framework and for the duration of the indicative programme referred to in paragraph 1, in order to define the main lines of cooperation with the countries concerned and the annual consultation procedures regarding the implementation of the programme.

4. Contracts may also be concluded with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the indicative programme.

Article 7

1. The Commission shall implement operations in accordance with the annual programmes referred to in Article 6 (2).

2. Supply contracts shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the Financial Regulation.

Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation.

Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. This amount may be revised by the Council on the basis of a Commission proposal, account being taken of experience gained in similar cases.

Participation in invitations to tender and private contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary non-member countries.

Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries.

3. In the case of co-financing, the participation of undertakings from the non-member countries concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report provided for in Article 10.

Article 8

1. The Commission shall be assisted by a committee of an advisory nature composed of representatives of the Member States and chaired by the representative of the Commission ('Synergy` Committee).

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

3. The Committee may examine any question relating to the implementation of this Regulation which may be put to it by its chairman, possibly at the request of the representative of a Member State and, in particular, any question relating to general implementation, the administration of the programme, co-financing and the coordination referred to in Article 9.

Article 9

1. The Commission shall, together with the Member States, ensure the effective coordination of the technical assistance efforts undertaken in the beneficiary non-member countries by the Community and individual Member States on the basis of the information supplied by the Member States.

2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged.

3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral assistance of the Member States and other Community programmes might be promoted. It shall, in particular, ensure that any duplication of effort between Synergy and these other programmes is avoided.

Article 10

The Commission shall, by 30 June 1998, present a progress report on the implementation of the programme in the previous financial years. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee.

Article 11

This Regulation shall enter into force on the 20th day following 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.

(1) OJ No L 356, 31. 12. 1977, p. 1.

(2) OJ No L 293, 12. 11. 1994, p. 7.