3. 10. 89 Official Journal of the European Communities No C 250/5 
II 
(Preparatory Acts) 
COMMISSION 
Draft Council Regulation (EEC) amending 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 
COM(89) 335 final 
(Submitted by the Commission on 20 July 1989) 
(89/C 250/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 213 
thereof, 
Having regard to the Commission's draft, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the creation of an internal energy market forms 
an integral part of the objectives of completing the 
internal market as defined by the Single European Act, 
which entered into force on 1 July 1987; 
Whereas the Commission's report on the internal energy 
market, published on 2 May 1988, was approved by the 
Council on 8 November 1988; 
Whereas on 8 November 1988, the Council also stated 
that the creation of an internal energy market should: 
— 'be an important factor in the Community's security 
of energy supplies', 
— 'pave the way for increased trade in energy between 
Member States', 
— 'enhance solidarity between the Member States', 
and that 'the internal energy market also depends on the 
development of efficient energy and infrastructures'; 
Whereas obtaining an overall picture of the planned 
development of investments in the Community will 
facilitate the coordination necessary in this sector; Whereas the completion of the internal energy market 
requires that future investments should contribute to the 
optimum allocation of available resources in a 
Community context and so benefit consumers in the 
Community; 
Whereas the Commission must be able to inform the 
other Member States concerned of any investment 
project which may be of Community interest, in order to 
permit the coordination necessary to ensure that this 
investment will be consistent with the internal energy 
market; 
Whereas to that end the Commission should be informed 
of such projects at the feasibility study stage; 
Whereas consequently Council Regulation (EEC) 
No 1056/72 ('), as amended by Regulation (EEC) 
No 1215/76 (2), must be amended to allow these 
objectives to be attained, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1056/72 is hereby amended as 
follows: 
1. Article 1 (1) and (2) are replaced by the following: 
'1. Member States shall immediately communicate 
to the Commission the information they have 
obtained on the basis of the provisions of paragraph 2 
concerning investment projects listed in the Annex 
which relate to the production, transport, storage or 
distribution of petroleum, natural gas or electricity. 
Member States shall add their comments to their 
notifications, in particular as regards the national and 
Community interest they see in the investment 
planned. 
(*) OJ No L 120, 25. 5. 1972, p. 7. 
O OJ No L 140, 28. 5. 1976, p. 1. 
No C 250/6 Official Journal of the European Communities 3. 10. 89 
2. In order to fulfil the obligation laid down in 
paragraph 1, the persons and undertakings concerned 
shall, as soon as the feasibility study phase of the 
projects has been completed, communicate details of 
the investment projects referred to in paragraph 1 to 
the Member State in whose territory they are 
planning to carry them out.' 
2. In Article 2 (1), 'With regard to investment projects 
planned or in progress' is deleted. 
3. A new Article 2a is inserted as follows: 
'Article 2a 
Upon receiving the notification referred to in Article 
1, the Commission shall inform the other Member 
States and invite them to submit, within one month, 
any comments they may have on the Community 
dimension of the project, and, in particular, on the 
existence of possible alternatives to the planned 
investment or of proposals for such alternatives.' 
4. Articles 3 and 4 are replaced by the following: 
'Article 3 
Every year the Commission shall present to the 
Council a report summarizing the information gathered pursuant to this Regulation and assessing the 
Community interest of the projects notified, in 
particular their implications for supply and demand in 
the internal energy market. 
Article 4 
1. The information supplied pursuant to this 
Regulation shall be confidential. 
2. Persons engaged in preparing the information 
covered by this Regulation or receiving it, may not 
divulge the specific data or any other specific 
information which came to their knowledge in the 
performance of or in connection with their official 
duties. 
3. The confidential nature of the information 
notified pursuant to this Regulation shall not preclude 
the publication of general or of summaries presented 
in such a way that information relating to persons or 
undertakings cannot be individually identified.' 
Article 2 
This Regulation shall enter into force on 1 January 1990. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.