COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 145 final 
Brussels, 27 April 1992 
Proposal for a 
COUNCIL DIRECTIVE 
providing for appropriate measures to be taken 
in the event of difficulties 
In the supply of crude oil 
and petroleum products to the Community 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
Introduct ion 
1. The purpose of this communication is: 
to give a reminder of the content of the Commission's original 
proposals concerning measures to be taken to alleviate or to 
avoid oil supply difficulties (C0M(90) 514 final); 
to present the guidelines requested by the Energy Council on 
31 May and 29 October 1991; 
to update the Commission's proposals in this connection in the 
light of Community accession to the International Energy Agency 
(IEA), which is the subject of a recommendation (SEC (92) 
697 final). 
1. Content of the proposals in C0M(90) 514 final 
2. The proposals in C0M(90) 514 final were adopted by the Commission on 
24 October 1990 and presented to the Council on 29 October 1990 in 
the context of the Gulf crisis. The proposals were aimed at 
adjusting the oil crisis mechanisms, and in particular the Community 
legislation on oil stocks, in order: 
- to bring about the necessary adjustments in the light of the 
internal market, which calls for a truly Community mechanism; 
- to ensure consistency between the mechanisms of the IEA and 
those of the Community; 
- to increase the effectiveness of the crisis mechanisms, and in 
particular the oil stocks. 
3. Under its original proposal concerning measures in the event of 
supply difficulties, the Commission, assisted by a committee 
composed of representatives of the Member States, would: 
- establish the existence of a crisis, taking into account analyses 
made by the IEA and the commitments of the Community and its 
Member States vis-a-vis the IEA; 
- establish the objectives to be attained by the Member States; 
- determine the measures to be implemented by the Member States. 
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4. Under the Commission's original proposal concerning oil stocks: 
the Member States would set up national oil stockholding agencies 
to maintain oil stocks representing at least 60 days' domestic 
consumption out of the 90 days provided for in 
Direct ive 68/414/EEC; 
- in the event of supply difficulties, the Commission, assisted by 
a committee composed of representatives of the Member States, 
could decide to authorize withdrawals from stocks not exceeding 
30 days. 
II. Guidelines adopted by the Council 
5. At the Energy Council meeting on 31 May 1991, the Presidency noted 
that there was broad agreement on the need for Community procedures 
for dealing with oil supply crises and that it was necessary to 
update the existing measures. However, several Member States wanted 
the Commission to re-examine its proposals, in particular as regards 
relations between the IEA, the Community and the Member States. 
6. Work resumed on the basis of an approach based on complementarity 
between the Community and the IEA. At its meeting on 
29 October 1991 the Energy Council reached a consensus on the broad 
lines of a new oil crisis mechanism. 
In the light of Community accession to the IEA, the Energy Council 
agreed that in the event of supply difficulties the Community should 
act in accordance with the principle of complementarity vis-a-vis 
the IEA: 
Decisions establishing a crisis situation and setting objectives 
• would be adopted in the IEA framework. The Community would 
present a Community position and the Member States would speak in 
support of that position. 
- The Member States would decide on the measures they intend to 
take to apply IEA decisions. The Commission would coordinate the 
measures to increase their effectiveness and ensure their 
compatibility with the Treaty. 
- In very exceptional circumstances the Community would be able to 
decide independently on matters concerning crisis measures. 
III. Updating the Commission proposals 
7. In accordance with the consensus reached at the Energy Council 
meeting of 29 October 1991, which the Commission supported, the 
Commission has altered its proposal for a Directive on the steps to 
be taken in the event of a crisis in accordance with point 6 above, 
and at the same time has altered its proposal concerning negotiating 
directives for Community accession to the IEA. 
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8. Under the new proposal, the Member States would finalize a Community 
position vis-a-vis the IEA. The position would be adopted by the 
Council by a qualified majority and presented by the Commission. To 
coordinate the measures planned by the Member States, the Commission 
would be assisted by a committee of the type II b (management 
committee) of the Committee Procedure Decision. 
IV. Cone Ius i ons 
9. The Commission requests the Council to adopt the proposal for a 
Directive attached to this communication establishing a Community 
decision-making procedure complementary to that of the IEA in the 
event of oil supply difficulties. 
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Proposal for a Council Directive 
providing for appropriate measures to be taken 
in the event of difficulties 
in the supply of crude oil 
and petroleum products to the Community 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 103(2) thereof; 
Having regard to the proposal from the Commission;1 
Having regard to the opinion of the European Parliament;2 
Having regard to the opinion of the Economic and Social Committee;** 
Whereas imported crude oil and petroleum products play an important 
role in the Community's energy supplies; whereas any difficulty, even 
temporary, which has the effect of significantly reducing supplies of 
such products, or which is likely to do so, could cause serious 
disturbances in the economic activity of the Community; whereas the 
Community must, therefore, be in a position to offset or at least to 
mitigate any harmful effects in such a case; 
Whereas the Community must ensure that provisions are in place to meet 
international commitments arising from its accession to the Agreement 
on an International Energy Programme and to the International Energy 
Agency, hereinafter referred to as "the IEA", aimed at ensuring 
solidarity between all countries participating in the IEA; whereas the 
IEA will decide on the objectives necessary to meet oil supply 
di ff icu11 ies; 
1 OJ No L 
2 OJ No L 
3 OJ No L 
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Whereas appropriate procedures and instruments should therefore be 
established on the one hand to ensure that the Community can 
effectively participate in the decision-making process in the Agency 
and on the other to ensure the speedy implementation of measures 
adopted by the Agency to mitigate the effects of difficulties in the 
supply of crude oil and petroleum products; whereas the competent 
authorities of the Member States should therefore possess the necessary 
powers to take appropriate action without delay and in accordance with 
the Treaty; 
Whereas it therefore seems appropriate to replace the provisions laid 
down in this connection by Council Directive 73/238/EEC4 by provisions 
in keeping with the international commitments of the Community and the 
unity of the single market as provided for in Article 8a of the Treaty; 
Whereas Council Decision 77/706/EEC5 provides a framework for action 
by the Community to reduce primary energy consumption in the event of 
difficulties in the supply of crude oil and petroleum products; whereas 
such action will in future be organized in the framework of this 
Directive; 
Whereas the commitments of the Community towards the IEA will not 
prevent it from taking independent action unilaterally in the event of 
exceptionally serious supply difficulties; 
Whereas Council Decision 77/186/EEC,6 as amended by Council 
Decision 79/879/EEC,7 provides for the possibility, in the event of 
difficulties in the supply of crude oil or petroleum products, of 
introducing, in intra-Community trade, a system of export licences for 
crude oil and petroleum products and, where appropriate, quantitative 
restrictions on exports; whereas in the context of a unified internal 
market Community legislation should no longer be a source of barriers 
to trade, but on the contrary should ensure that the measures to be 
taken 
4 OJ No L 228. 16.8.1973, p. 1. 
5 OJ No L 292, 16.11.1977, p. 9. 
6 OJ No L 61, 5.3.1977, p. 23. 
7 OJ No L 270, 27.10.1979, p. 58 
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are coordinated at Community level while taking account of specific 
local factors, the Communities being responsible for the application on 
Community territory of all measures arising from its international 
commitments; 
Whereas, for reasons of clarity, Directive 73/238/EEC should be recast 
in view of the significant amendments to be made to it; 
Whereas this Directive is without prejudice to the time limits within 
which Member States have to comply with Directive 73/238/EEC, 
HAS ADOPTED THIS DIRECTIVE 
Article 1 
1. Member States shall take all necessary measures to provide the 
competent authorities with the necessary powers, in the event of 
difficulties arising in the supply of crude oil and petroleum 
products which have the effect of significantly reducing supplies of 
such goods, or which are likely to do so, and are liable to cause 
severe disruption, to take the necessary measures required by 
Community provisions and the international commitments of the 
Community in the framework of the Agreement on an International 
Energy Programme and the International Energy Agency: 
- to draw on the oil stocks, 
to impose specific or broad restrictions on consumption. 
to implement other appropriate measures 
2. Member States shall designate the bodies to be responsible for 
implementing the measures to be taken under the powers provided for 
in paragraph 1. They shall inform the Commission of the composition 
and terms of reference of those bodies. 
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3. Member States shall draw up action plans for use in the event of 
difficulties in the supply of crude oil and petroleum products. 
They shall inform the Commission thereof. 
Art icle 2 
1. Without prejudice to the provisions of paragraph 2, the measures 
referred to in Article 1 shall be implemented following the 
establishment by the International Energy Agency of the existence of 
difficulties in the supply of crude oil and petroleum products and 
the setting by the Agency of objectives to meet this situation. To 
this end, the Community position in the Agency shall be determined 
in accordance with the provisions of paragraph 3. 
2. The provisions of paragraph 1 shall not prevent decisions being 
taken, where appropriate, in the event of exceptionally serious 
supply difficulties, to apply independent measures in accordance 
with Article 103 of the Treaty. 
3. For the implementation of the provisions of paragraph 1, the 
Council, acting on a Commission proposal, shall adopt in good time 
and by a qualified majority the Community position to be presented 
by the Commission in the Agency. 
The same procedure shall be applied, as and when necessary, to adapt 
the Community position in the course of work within the bodies of 
the IEA, as well as for deciding on the lifting of measures. 
4. The decisions referred to in paragraphs 1 and 2 and their 
implications with regard to the Member States shall be communicated 
to their competent authorities by the Commission without delay. 
The Member States shall decide on the measures which they intend to 
take, taking into account their specific situation, and shall notify 
them to the Commission within ten days of the communication of the 
abovementioned decisions. 
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After the Commission has examined whether the measures under 
consideration are compatible with Community law, a list of the 
measures to be taken shall be adopted within ten days of the 
abovementioned communication, in accordance with the procedure set 
out in Article 3, on the basis of the measures notified by the 
Member States and coordinated to ensure their mutual compatibility 
and their maximum effectiveness. This list shall be published in 
the Official Journal of the European Communities. 
Article 3 
1. The Commission shall be assisted by a committee composed of the 
representatives of the Member States and chaired by the 
representative of the Commission, to be known as the Oil Supply 
Committee, hereinafter referred to as "the 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 shall 
lay down according to the urgency of the matter. The opinion shall 
be delivered by the majority provided for in Article 148(2) of the 
Treaty in the case of decisions which the Council is required to 
adopt on a proposal from the Commission. The votes of the 
representatives of the Member States within the committee shall be 
weighted in the manner set out in that article. The Chairman shall 
not vote. 
3. The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not in accordance with the opinion of 
the committee, they shall be communicated by the Commission to the 
Council forthwith. In that event, the Commission shall defer 
application of the measures which it has decided for a period which 
shall not exceed 3 months, and which must be compatible with the 
procedures of the Agency if the measures are taken following 
decisions by the latter. 
4. The Council, acting by a qualified majority, may take a different 
decision within the time limit referred to in paragraph 3. 
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Art icle 4 
Directive 73/238/EEC shall be replaced by this Directive on the date 
indicated in Article 5. Decision 77/706/EEC shall be repealed on the 
same date. 
Decision 77/186/EEC as amended by Decision 79/879/EEC shall be repealed 
following the notification of this Directive to the Member States. 
References made to Directive 73/238/EEC shall be understood as being 
made to this Directive and should be read in accordance with the table 
of equivalence annexed hereto. 
Article 5 
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive on 
the date on which the Agreement on the International Energy Programme 
enters into force with regard to the Community. They shall forthwith 
inform the Commission thereof. 
Until such provisions have been adopted, Member States shall continue 
to fulfil their obligations pursuant to Directive 73/238/EEC. 
When Member States adopt these provisions, they should contain a 
reference to this Directive or be accompanied by such a reference on 
the occasion of their official publication. The methods of making such 
a reference shall be laid down by the Member States. 
Art icle 6 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
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A N N E X 
Table of équivalence 
Directive 73/238/EEC This Directive 
Articles 1, 2 and 4 Article 1 
Article 3 Articles 2 and 3 
Art icle 5 Art icle 5 
Art icle 6 Art icle 6 

~</4 -ISSN 0254-1475 
COM (92) 145 final 
DOCUMENTS 
EN 12 
Catalogue number: CB-CO-92-162-EN-C 
ISBN 92-77-43047-8 
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