COMMON POSITION (EC) No 13/95 adopted by the Council on 29 June 1995 with a view to adopting a Council Decision of . . . laying down a series of measures aimed at creating a more favourable context for the development of trans-European networks in the energy sector (95/C 216/05)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third paragraph of Article 129d thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure referred to in Article 189c of the Treaty (4),

Whereas the creation of a more favourable context for the development of trans-European energy networks is part of the broad lines of measures within the meaning of Article 129c of the Treaty and is provided for in the European Parliament and Council Decision of . . . laying down a series of guidelines on trans-European energy networks;

Whereas, in order to complete the internal market in energy, measures must be incorporated in an overall energy strategy which not only specifies the main criteria and objectives of the Community in this field but also defines more particularly the conditions for liberalizing the market in energy products;

Whereas the establishment and development of trans-European networks in the energy sector must help to reduce energy supply costs and thus contribute to a higher rate of economic growth and more employment and enhance the competitiveness of the European economy;

Whereas the creation of that more favourable context must be aimed mainly at providing a stimulus for technical cooperation between the entities responsible for networks and at facilitating the implementation of authorization procedures applied for network projects in the Member States in order to reduce delays;

Whereas, in order to speed up the realization of projects of common interest identified by the Decision, it is necessary to provide the Community with the possibility of supporting the financial efforts made in favour of such projects in accordance with the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks;

Whereas the other financial instruments at the disposal of the Community, such as the Structural Funds, the European Investment Fund, support from the European Investment Bank and programmes in favour of third countries, could make a contribution, in some cases decisive, to the realization of projects of common interest identified by the Decision,

HAS ADOPTED THIS DECISION:

Article 1

This Decision identifies the action to be taken with a view to creating a more favourable context for the realization of projects of common interest in connection with trans-European energy networks and for the interoperability of such networks on a Community-wide scale.

Article 2

1. In order to contribute to creating a more favourable context for the development of trans-European energy networks, the Community attaches the greatest importance to the following measures and shall promote them as necessary:

- the realization of technical cooperation projects between the entities responsible for the trans-European energy networks involved in the proper functioning of the European interconnections referred to in Article 2 of the Decision,

- cooperation between Member States through mutual consultations with a view to facilitating implementation of the authorization procedures for projects on trans-European energy networks in order to reduce delays.

2. The Commission shall, in close collaboration with the Member States concerned, take all relevant initiatives for promoting the coordination of the activities referred to in paragraph 1.

Article 3

In order to contribute to creating a more favourable financial context for the development of trans-European energy networks, the Community:

1. may provide financial support as part of the action on trans-European energy networks. These measures shall be adopted by the Commission in accordance with the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks;

2. shall take account of the projects of common interest identified in the Decision in providing assistance from its Funds, instruments and financial programmes applicable to those networks, within the terms of their own rules and purposes.

Article 4

In implementing the measures referred to in Article 2, the Commission shall be assisted by the committee established by Article 9 (1) of the Decision, in accordance with the procedure laid down in Article 9 (2) and (3) of that Decision.

Article 5

Every two years the Commission shall draw up a report on the implementation of this Decision, which it shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Article 6

This Decision is addressed to the Member States.

Done at . . .

For the Council

The President

(1) OJ No C 72, 10. 3. 1994, p. 15.

(2) OJ No C 195, 18. 7. 1994, p. 33.

(3) OJ No C 217, 6. 8. 1994, p. 26.

(4) Opinion of the European Parliament of 18 May 1995 (OJ No C 151, 19. 6. 1995), Council common position of . . . (not yet published in the Official Journal) and European Parliament Decision of . . . (not yet published in the Official Journal).

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 8 February 1994 the Commission sent the Council a proposal, based on the third paragraph of Article 129d of the Treaty, for a Council Decision laying down a series of measures aimed at creating a more favourable context for the development of trans-European networks in the energy sector.

2. The European Parliament delivered its opinion at first reading on 18 May 1995. The Economic and Social Committee and the Committee of the Regions delivered their opinions on 27 April 1994 and 17 May 1994 respectively.

On 31 May 1995 the Commission submitted an amended proposal to the Council pursuant to Article 189a (2) of the Treaty.

3. At its meeting on 29 June 1995, the Council adopted its common position pursuant to Article 189c of the Treaty.

II. OBJECTIVES

4. The proposal for a Decision identifies, within the framework of the guidelines referred to in Article 129c of the Treaty, measures to be implemented to create a more favourable context for the development of trans-European networks in the energy sector.

In particular, it covers aspects relating to the implementation of technical cooperation projects and cooperation between Member States on the authorization procedure. It also refers to the possibility of financial support in this field.

III. ANALYSIS OF THE COMMON POSITION

5. The Council adopted, verbatim or in substance, the following amendments requested by the European Parliament and taken up by the Commission in its amended proposal:

- Amendment 1

The Council incorporated in the second recital the substance of this European Parliament amendment, which places this Decision in the general framework of the energy sector.

- Amendment 2

The Council incorporated in the third recital the substance of this European Parliament amendment, which reiterates certain objectives underlying this Decision.

- Amendment 4

The Council included this amendment verbatim in the introductory paragraph of Article 2.

6. The Council did not incorporate amendment 3, which the Commission had included in its amended proposal, or amendment 5 which had not been taken up by the Commission. It thought that all measures clarifying financial support should be grouped together in a single text, i.e. the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks.

The Council, furthermore, did not adopt amendment 6 of the European Parliament, on the grounds that it was desirable for the committee responsible for implementing the two decisions on trans-European networks in the energy sector, the first laying down a series of guidelines on these networks and the second laying down a series of measures aimed at creating a more favourable context for the development of these networks, to be of the same type.