Thursday 25 February 2010

Investment projects in energy infrastructure ***I

P7_TA(2010)0034

European Parliament legislative resolution of 25 February 2010 on the proposal for a Council regulation concerning the notification to the Commission of investment projects in energy infrastructure within the European Community and repealing Regulation (EC) No 736/96 (COM(2009)0361 – C7-0125/2009 – 2009/0106(COD))

2010/C 348 E/06

(Ordinary legislative procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2009)0361),

having regard to the Council’s consultation of Parliament (C7-0125/2009),

having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

having regard to Article 294(3) and Article 194(1) and (2) of the Treaty on the Functioning of the EU,

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to Rules 55 and 37 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0016/2010),

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

Thursday 25 February 2010

P7_TC1-COD(2009)0106

Position of the European Parliament adopted at first reading on 25 February 2010 with a view to the adoption of Regulation (EU) No …/2010 of the European Parliament and of the Council concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Council Regulation (EC) No 736/96

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union , and in particular Article 194 (1) and (2) thereof,

▐

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure (1)

Whereas:

(1) The introduction of a common energy policy based on solidarity and aiming at securing the Union’s energy supply, a transition towards a highly energy-efficient economy and the functioning of competitive energy markets based on solidarity and fair competition within the internal market is an objective which the Union has set itself.

(2) Obtaining an overall picture of the development of investment in energy infrastructure in the Union is a prerequisite for the development of a European energy policy. It should enable the Commission to make the necessary comparisons, evaluations or to propose relevant measures based on appropriate figures and analyses, in particular concerning the future energy supply-demand balance. Any measures proposed or taken at Union level should be neutral and should not amount to interventions in the functioning of the market.

(3) The energy landscape within and outside the Union has significantly changed in recent years and makes investment in energy infrastructure a crucial issue to be resolved with a view to securing the Union’s energy security, in particular through energy efficiency and energy savings, identifying potential future gaps and/or surplus of energy supply and ensuring a regular supply of energy for the Union and the uninterrupted functioning of the internal market and the transition towards a highly energy-efficient economy the Union has embarked on.

(4) The new energy context requires significant investment in all infrastructure , in particular in the renewable energy and energy efficiency sectors, as well as the development of new types of infrastructure and new technologies being taken up by the market. The liberalisation of the energy sector and the further integration of the internal market give a more prominent role to economic operators for investment and at the same time, new policy requirements such as targets affecting the fuel mix will alter Member States’ policies towards new and/or modernised energy infrastructure.

(5) Member States should for this purpose always consider reducing energy consumption in line with the EU’s 20 % target of energy efficiency, as the most cost-effective means of attaining its greenhouse gas (GHG) emissions reductions targets, and improving and building on existing infrastructure before investing in new infrastructure. Investment projects in energy infrastructure should be fully aligned with the 2020 target of at least 20 % energy from sustainable renewable sources.

(6) Given the new energy policy objectives and market developments, greater attention should be paid to priority investment in energy infrastructure in the Union, in particular with a view to anticipating problems with security of supply , promoting best practices and establishing greater transparency on the future development of interconnected energy systems in the Union.

(7) The Commission and in particular its Market Observatory for Energy should therefore , with a view to providing the necessary guarantees for investment priorities, dispose of accurate data and information on current and future investment projects, including partial decommissioning in the most significant components of the EU energy system.

(8) Data and information regarding foreseeable developments in production, transport and storage capacities and projects in the various energy sectors are important to future Union investment . It is therefore necessary to ensure that the Commission , and in particular its Market Observatory for Energy, is notified of investment plans and projects on which work has started or is scheduled to start within five years and those which aim at taking infrastructure wholly or partially out of commission within three years. ▐

(9) In order for the Commission to dispose of a consistent view of the future developments of the whole EU energy system, a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the Member States is necessary.

(10) Information obtained by the Commission pursuant to this Regulation may be used to monitor compliance by Member States within the framework of specific EU legislation, notably Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (2).

(11) Member States should for this purpose notify to the Commission data and information on investment projects in energy infrastructure concerning production, storage and transport of oil, ▐ gas, coal, renewable energy, electric power , as well as major projects of district heating and cooling and carbon dioxide capture, transport and storage planned or under construction in their territory , including interconnections with third countries . The undertakings concerned should be under an obligation to notify to the Member State the data and information in question , in order to enable the Commission to monitor the EU energy infrastructure. The Member States and the Commission should be obliged to ensure the confidentiality of the data provided by undertakings .

(12) Given the time horizon of investment projects in the energy sector, reporting every two years should be sufficient.

(13) With a view to avoiding a disproportionate administrative burden and minimising costs for Member States and undertakings, in particular for small and medium-sized enterprises, this Regulation should allow Member States and undertakings to be exempted from reporting obligations, provided that equivalent and comparable information is supplied to the Commission pursuant to EU energy sector specific legislation, adopted by institutions of the European Union and aiming at achieving the objectives of competitive EU energy markets, of sustainability of the EU energy system and of the security of energy supply to the European Union. Any duplication of reporting requirements specified in the third energy liberalisation package (Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity (3), Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (4), Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (5), Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity (6) and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (7) should therefore be avoided. The Commission should clarify the application of this exemption in order to truly ease the reporting burden and to clarify the content, format and timing of the reporting obligations, the person or bodies who are subject to those obligations and those who are responsible for administering the reporting system.

(14) Member States, the entity to which they delegate or, where appropriate, the bodies entrusted with EU energy sector-specific investment plans, should ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information notified to the Commission, whilst ensuring the confidentiality of commercially sensitive data and information.

(15) To process data as well as to simplify and secure data notification, the Commission and in particular its Market Observatory for Energy should be able to take all appropriate measures to that effect, in particular the operation of integrated IT tools and procedures. The Commission should ensure that such IT resources guarantee the confidentiality of the data and information notified to the Commission.

(16) The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (8), while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9). This Regulation leaves those provisions unchanged.

(17) Access to environmental information is governed by Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (10), as well as by Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (11). This Regulation leaves those provisions unchanged.

(18) The Commission and in particular its Market Observatory for Energy should provide a regular and cross-sector analysis of the structural evolution and perspectives of the EU energy system and, where appropriate, a more focused analysis of certain aspects of that energy system; such an analysis should complement national approaches, develop regional dimensions and, in particular, contribute to enhancing energy security by identifying possible infrastructure and investment gaps and associated risks with a view to a long-term energy supply and demand balance. That analysis should also contribute to a continuous debate at EU level about the need for energy infrastructures and therefore should be forwarded to interested parties for discussion.

(19) Small and medium-sized enterprises should be able to benefit from monitoring and reporting on energy investment projects resulting from this Regulation through which the data collected will be made publicly available and, in the long term, will contribute to new and better coordinated investment trends.

(20) The Commission may be assisted by experts from Member States or any other competent experts; with a view to developing a common understanding of potential infrastructure gaps and associated risks and to fostering transparency regarding future developments which is of particular interest for new market entrants.

(21) The technical measures, including supplementary technical definitions, necessary for the implementation of this Regulation, should be adopted by the Commission.

(22) Given the amendments necessary to adapt it to today’s energy challenges and for the sake of clarity, Council Regulation (EC) No 736/96 (12) should therefore be repealed and replaced by a new Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1. This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, ▐ gas, coal, renewable energy and electricity ▐ sectors, and on major investment projects related to district heating and cooling and related to the capture and storage of carbon dioxide produced by these sectors.

2. This Regulation also applies to EU undertakings which invest in energy infrastructure projects in third countries which are directly connected to or impact on the energy networks of one or more Member States.

3. This Regulation shall apply to the types of investment projects listed in the Annex, on which construction has started or is scheduled to start within five years or which are scheduled to be taken out of operation within three years.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1) ‘infrastructure’ means any type of installations or part of installations related to the production, transport and storage of energy and energy sources or carbon dioxide;

(2) ‘investment projects’ mean projects aiming at: (a) building new infrastructure; (b) transforming, modernising, increasing or reducing capacities of existing infrastructure; (c) partial or total decommissioning of existing infrastructure; (d) developing new interconnections with energy transport systems between the European Union and third countries;

(3) ‘planned investment projects’ mean investment projects before construction starts and capital costs are incurred or before decommissioning is effective, including investment projects for which an initial request for authorisation has been received by the relevant authorities, but for which the major features (location, contractor, undertaking, certain basic technical and operational features, etc.) may, in whole or in part, be subject to further review or to final authorisation;

(4) ‘investment projects under construction’ mean investment projects for which construction has started and capital costs are incurred;

(5) ‘decommissioning’ means the phase where an infrastructure is permanently taken out of operation;

(6) ‘production’ means the generation of electricity and the processing of fuels, including bio-fuels;

(7) ‘transport’ means the transmission of electricity, gas, liquid fuels or carbon dioxide, through a network, in particular: (a) through pipelines, other than upstream pipeline networks and other than the part of pipelines primarily used in the context of local distribution; (b) through extra high-voltage and high-voltage interconnected systems other than the systems primarily used in the context of local distribution; (c) through district heating and cooling pipes;

(8) ‘storage’ means the storage on a permanent or temporary basis of thermal and electrical energy or energy sources ▐ in above ground and underground infrastructure or geological sites, or the containment of carbon dioxide in underground geological formations ;

(9) ‘storage site’ means a closed system of storage tanks or a specific geological structure forming a closed storage area;

(10) ‘undertakings’ means any natural or legal private or public person deciding or implementing investment projects;

(11) ‘energy sources’ mean (a) primary energy sources, such as oil, natural gas, coal or nuclear fuel , or transformed energy sources, such as electricity; (b) renewable energy sources including hydro-electricity, biomass, wind, solar, tidal and geothermal energy; (c) energy products, such as refined oil products and bio-fuels;

(12) ‘aggregated data’ means data aggregated at the national or regional level; if aggregation at the national level would reveal commercially sensitive information relating to an individual undertaking, aggregation may be done at the regional level;

(13) ‘specific body’ means a body entrusted by EU energy sector-specific legislation with the preparation and adoption of EU-wide multi-annual network development and investment plans in energy infrastructure, such as the European network of transmission system operators for electricity in accordance with Article 4 of Regulation (EC) No 714/2009 and the European network for transmission system operators for gas in accordance with Article 4 of Regulation (EC) No 715/2009;

(14) ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling.

Article 3

Notification of data

1. While keeping the collection and reporting burden proportionate, Member States or the entity to which they delegate this task shall compile all the data and information specified in this Regulation from the beginning of 2011 and thereafter every two years.

They shall notify the aggregated data and relevant project information to the Commission in 2011 , that year being the first reporting year, and thereafter every two years.

Member States or their delegated entities shall notify aggregated data and relevant project information by 31 July of the reporting year concerned.

2. The Commission shall exempt the Member States or their delegated entities from the obligation referred to in paragraph 1 where pursuant to EU energy sector-specific legislation:

(a) the Member State concerned or its delegated entity has already notified the requested data or information and has indicated the date of the notification and the specific legislation concerned;

(b) a specific body is entrusted with the preparation of a multi-annual investment plan in energy infrastructure at EU level and compiles to this end equivalent data and information; in this case, the specific body shall notify all the relevant data and information to the Commission within the time-limits laid down in paragraph 1.

Article 4

Data sources

1. The undertakings concerned shall notify the data or information referred to in Article 3 to the Member States, or the entity to which they have delegated, in whose territory they are planning to carry out investment projects before 31 May of each reporting year. The data or information notified shall reflect the situation of investment projects as of 31 March of the reporting year concerned.

However, subparagraph 1 shall not apply to undertakings where the Member State concerned decides to use other means of supplying the Commission with the data or information referred to in Article 3 provided that the data or information supplied are comparable and equivalent .

2. Member States shall avoid any duplication of data collection which is already required under existing EU legislation and shall minimise costs for undertakings.

Article 5

Content of the notification

1. With regard to the investment projects referred to in the Annex, the notification provided for in Article 3 shall indicate where appropriate:

(a) the volume of the capacities planned or under construction;

(b) the location, name, type and main characteristics of infrastructure or capacities planned or under construction , with details of which are at the planning stage and which are under construction ;

(c) the date on which the initial request for authorisation was received by the relevant authorities and the estimated date by which all necessary construction authorisations and permits will have been granted;

(d) the probable date of commissioning;

(e) the type of energy sources used;

(f) the technologies of interest for security of supply purposes, such as reverse flows, fuel switching capacities or any other relevant equipment;

(g) the equipment of carbon capture systems or retrofitting mechanisms;

(h) the temporary unavailability or interruption of the operation of an infrastructure for a period exceeding three years.

2. With regard to any proposed decommissioning of capacities, the notification provided for in Article 3 shall indicate:

(a) the character and the capacity of the infrastructure concerned;

(b) the probable date of decommissioning including, where applicable, the intermediate dates for the gradual phasing-out of the operation of the infrastructure ;

(c) the list of planned measures for environmental rehabilitation, where such rehabilitation is required by specific legislation.

3. Any notification under Article 3 shall include the volume of installed production, transport and storage capacities which are in place at the beginning of the reporting year concerned.

Where Member States possess any information concerning delays and/or obstacles to the implementation of investment projects , their delegated entities or the specific body referred to in Article 3(2) shall include that information in the notification .

Article 6

Quality and publicity of data

1. Member States, the entity to which they delegate or where appropriate the specific bodies entrusted with EU energy sector-specific investment plans shall ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information which they notify to the Commission. If the information is not sufficiently clear and comprehensive, the Commission may require those bodies to provide additional information.

In the case of specific bodies entrusted with EU energy sector-specific investment plans, the data and information notified shall be accompanied by appropriate comments from Member States on the quality and relevance of the data and information collected.

2. The Commission shall publish aggregated data and information forwarded pursuant to this Regulation, in particular in analyses referred to in Article 10(3), provided that data and information are published in an aggregated form at the national or regional level (in particular where there is only one undertaking in a Member State) and that no details concerning individual undertakings are disclosed or can be inferred .

Such publication shall be without prejudice to the relevant national and EU legislation relating to public access to information, in particular environmental information, information regarding publicly listed companies or information on the public financing of investment projects.

Member States, their delegated entities and the Commission shall each be responsible for preserving the confidentiality of commercially sensitive data or information in their possession .

Article 7

Implementing measures

The Commission shall adopt the measures necessary for the implementation of this Regulation. Such measures shall include in particular the calculation methodologies to be used, the technical definitions, the form, the content and other details of the notification of data and information referred to in Article 3 , including the application of the exemption under Article 3(2), and in particular provisions concerning the timing and content of the notifications and the entities which are subject to the reporting obligations .

Article 8

Data processing

1. The Commission shall be responsible , in connection with planning, for developing, hosting, managing and maintaining the IT resources needed to receive, store and carry out any processing of the data or information on energy infrastructure notified to the Commission pursuant to this Regulation.

2. The Commission shall also ensure that the IT resources needed for the purposes referred to in paragraph 1 guarantee the confidentiality of the data and information notified to the Commission pursuant to this Regulation.

Article 9

Protection of individuals with regards to the processing of data

This Regulation is without prejudice to the provisions of Union law and, in particular, does not alter Member States’ obligations with regard to the processing of personal data, as laid down by Directive 95/46/EC, or the obligations incumbent upon EU institutions and bodies under Regulation (EC) No 45/2001 with regard to the processing of personal data by them in the course of their duties.

Article 10

Monitoring and reporting

1. On the basis of data and information forwarded and, if appropriate, of any other data sources including data purchased by the Commission, the Commission shall provide at least every two years a cross-sector analysis of the structural evolution and perspectives of the EU energy system in particular with a view to:

(a) identifying potential future gaps and/or surplus of energy supply and demand with a special emphasis on potential forthcoming deficiencies and flaws in the production and transmission infrastructure, in particular those due to aging of infrastructures ;

(b) monitoring the evolution of investment projects from the date of the notification to actual implementation, and in particular the development of renewable sources of energy, promoting best practices to address identified obstacles ;

(c) increasing transparency for market participants and potential entrants;

(d) monitoring EU investment projects in third countries having an impact on the EU energy market and security;

(e) identifying the risk of an excessive dependency on a single energy infrastructure, as well as the risks linked to connections with third countries;

(f) identifying investment needs for improving the functioning of the internal energy market (reverse flows and interconnectors for example).

The Commission may also provide on the basis of these data and information any specific analysis deemed necessary or appropriate.

2. In preparing the analyses referred to in paragraph 1, the Commission shall coordinate with the specific bodies entrusted with EU energy sector investment plans and may be assisted by experts from Member States and/or any other experts , groups and associations with specific competence in the area concerned.

3. The Commission shall discuss the analyses with interested parties. It shall forward the analyses carried out to the European Parliament, to the Council and to the European Economic and Social Committee and publish them.

4. The Commission shall, with a view to ensuring consistency between the various monitoring-related publications, take due account of multi-annual investment plans in energy infrastructure drawn up by specific bodies.

Article 11

Review

1. Within five years of the entry into force of this Regulation, the Commission shall review its implementation.

2. In order to improve the quality of data, the Commission, when carrying out the review under paragraph 1 shall examine, if appropriate, the minimum thresholds set out in the Annex, and may require Member States to specify the main characteristics of the infrastructure or capacities planned or under construction.

Article 12

Repeal

Regulation (EC) No 736/96 is hereby repealed.

Article 13

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the European Parliament The President For the Council The President

(1) Position of the European Parliament of 25 February 2010.

(2) OJ L 140, 5.6.2009, p. 16.

(3) OJ L 211, 14.8.2009, p. 55.

(4) OJ L 211, 14.8.2009, p. 94.

(5) OJ L 211, 14.8.2009, p. 1.

(6) OJ L 211, 14.8.2009, p. 15.

(7) OJ L 211, 14.8.2009, p. 36.

(8) OJ L 281, 23.11.1995, p. 31.

(9) OJ L 8, 12.1.2001, p. 1.

(10) OJ L 264, 25.9.2006, p. 13.

(11) OJ L 41, 14.2.2003, p. 26.

(12) OJ L 102, 25.4.1996, p. 1.