Proposal for a Council Decision adopting a multiannual framework programme for actions in the energy sector (1998 to 2002) and connected measures (98/C 46/08) (Text with EEA relevance) COM(97) 550 final - 97/0302(CNS)

(Submitted by the Commission on 3 December 1997)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Whereas the Commission communicated its views on the future of Community energy policy to the Council in its White Paper entitled 'An energy policy for the European Union` of 13 December 1995 (1);

Whereas the Commission communicated to the Council in its White Paper of . . . 1997 its views on the implementation and monitoring of a Community strategy and action plan for renewable energy sources to the year 2010 with the aid of new technologies;

Whereas the Council adopted the SAVE II programme on 16 December 1996 (2) to boost energy efficiency initiatives in the Community with a view to reducing CO2 emissions;

Whereas the Council and the European Parliament adopted a Decision on 26 April 1994 concerning the fourth framework programme of European Community activities in the field of research, technological development and demonstration (1994 to 1998) (3) and a Decision of the same date concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (4); whereas the Commission adopted a proposal on the fifth framework programme of research and technological development on 30 April 1997 (5);

Whereas the Commission adopted and transmitted to the Council a communication on the energy dimension of climate change on 14 May 1997 (6);

Whereas the use of cleaner technologies contributes to the objectives of the Community strategy to combat acidification (7);

Whereas energy is a vital factor in the economic and social development of the Community;

Whereas the Community's dependence on external energy supplies is set to increase significantly in the years to come;

Whereas the competitiveness of European business is heavily influenced by the level of energy costs;

Whereas it is necessary to the quality of life of citizens to ensure that the development of energy production and consumption is compatible with environmental protection objectives;

Whereas CO2 emissions must be reduced;

Whereas, particularly in view of the political uncertainties involved in the external supply markets, the Community must implement a coherent, effective energy policy geared to the medium and long-term prospects for economic development;

Whereas the actions taken under the energy policy should therefore be focused on specific priority objectives;

Whereas, in view of the strategic challenges facing the Community, these objectives should focus in particular on ensuring the security of supplies, completing the integration of the energy markets, enhancing the competitiveness of European business and the quest for environmentally sustainable economic development;

Whereas the balanced achievement of these objectives requires particular attention to be devoted to the transparency, coherence and coordination of all of the energy actions taken at Community level;

Whereas the Council stressed this need in its Resolution of 8 July 1996 (8) on the White Paper entitled 'An energy policy for the European Union`;

Whereas the Council, when it adopted the Regulation adopting a programme to promote international cooperation in the energy sector (9), considered that it would be opportune for the Commission to present a communication on all the Community programmes with an energy component, which could be followed by a proposal on the establishment of a framework programme for energy;

Whereas the Commission presented a communication: 'An overall view of energy policy and actions` (10), from which it emerges that the Community is pursuing a great many actions, but that these are scattered either between different energy policy programmes or various Community policies;

Whereas it is necessary to ensure the management, complementarity and optimum use of budget resources;

Whereas only a truly integrated approach will enable proper account to be taken of all the aspects of the problems to be resolved;

Whereas this coherent, coordinated approach must apply both to energy policy as such and to the energy components of other Community policies;

Whereas it is therefore necessary to define and establish a multiannual framework programme for the actions taken under the Community's energy policy;

Whereas this framework programme should be implemented in the form of horizontal actions and thematic programmes;

Whereas the horizontal actions cover forward analyses, market monitoring and international energy cooperation;

Whereas the thematic programmes concern the promotion of renewable energy sources and the implementation of a Community strategy in this area, the promotion of energy efficiency, promotion of solid fuels and the safe use of nuclear energy;

Whereas, in view of the context and the specific structures within which energy actions relating to trans-European networks are conducted, the structures and the manner in which such actions are implemented must be maintained in the appropriate framework;

Whereas in view of the context and the specific structures within which energy actions relating to RTD are conducted, the structures and the manner in which such actions are implemented will continue to conform with the arrangements and procedures of the RTD framework programme; whereas, however, cooperation and coordination with the other structures must be enhanced;

Whereas the actions or programmes referred to above should be implemented where necessary by means of specific measures which, where appropriate, would replace the corresponding instruments currently in force;

Whereas the principle of seeking the greatest possible coherence calls for the setting up of a single committee of an advisory nature for the whole of the framework programme and its constituent actions;

Whereas, in view of the variety and technical complexity of the questions to be addressed, the single committee and the Commission should seek the assistance of appropriate experts where necessary;

Whereas the single committee will assist the Commission in ensuring the greatest possible transparency and the dissemination of information between all the parties concerned and ensure greater consistency of the energy actions taken under the various Community policies;

Whereas, notwithstanding a systematic, regular evaluation of the actions, the 'energy` framework programme and its specific programmes should be the subject of a mid-term review by independent experts;

Whereas focusing the actions on the three major priority objectives of security of supply, competitiveness and protection of the environment will facilitate a more transparent and more efficient use of resources;

Whereas some additional funding could be decided in the light of the political choices and priorities adopted;

Whereas the funding of actions carried out in the priority areas of promotion of renewables (Altener programme) and energy efficiency (SAVE programme) in particular could be reviewed when the next financial perspective is drawn up;

Whereas, in keeping with the subsidiarity principle and the principle of proportionality pursuant to Article 3b of the Treaty, the above priority objectives of energy policy and the boosting and coordination of energy actions carried out under the proper energy policy and in the framework of other Community policies should, by their nature, be implemented at Community level; whereas this Decision is confined to the minimum required to achieve these goals;

Whereas the Treaty does not provide powers for the adoption of this Decision, the purpose of which is the coordination of all aspects of energy policy, other than those in Article 235; whereas the specific programmes which will implement this framework programme will each be adopted on the appropriate legal basis, in particular where their objective is the prudent and rational utilisation of natural resources referred to in Article 130r of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

1. A multiannual framework programme for Community actions in the field of energy, hereinafter referred to as 'the framework programme`, is hereby adopted for the period 1998 to 2002.

2. The framework programme shall primarily contribute to the pursuit of the following priority objectives:

- to guarantee the security of energy supplies,

- to ensure competitiveness,

- to promote the compatibility of the development of the energy market with environmental protection objectives.

3. The framework programme shall also contribute to greater transparency, coherence and coordination of all the Community's energy actions in the field of energy policy and ensure that they mesh effectively with the actions taken in the framework of other Community policies.

Article 2

1. Notwithstanding the actions relating to energy conducted in the framework of research policy or trans-European networks respectively, the framework programme shall be implemented through six specific programmes of a horizontal or thematic nature corresponding to the following actions:

(a) development, in cooperation with the Member States, of a programme for regular monitoring of the evolution of the energy markets and trends, so that political decisions relating to energy can be taken on the basis of a joint analysis;

(b) reinforcement, within the area of competence of the framework programme, of international cooperation in the energy field in order to encourage, firstly, greater diversification of energy sources and, secondly, greater transparency and stability of the international gas and oil markets in particular;

(c) promotion of new and renewable energy sources and implementation of a Community strategy and action plan for renewable energy sources to the year 2010;

(d) encouragement of rational and efficient use of energy resources;

(e) regeneration of the coal sector, notably through the use of environmentally compatible technologies;

(f) safer use of nuclear energy.

2. Each specific programme, the duration of which will coincide with the period of application of this framework programme, shall set out the arrangements for its implementation.

3. Implementation of the framework programme may give rise, within its area of competence, to additional programmes and Community participation in programmes undertaken by several Member States. It may also lead to cooperation with third countries or international organisations.

Article 3

1. The annual appropriations shall be authorised by the budgetary authority within the constraints of the financial perspective.

2. The detailed rules for financial participation by the Community in actions taken under the framework programme shall be laid down in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities.

Article 4

1. The Commission shall be responsible for the implementation of the framework programme and for drafting guidelines applicable to the actions and measures to be taken under each of the specific programmes.

2. The Commission shall be assisted in the management of the framework programme by a committee of an advisory nature composed of representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion 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.

Article 5

1. The Commission shall examine each year the state of implementation of the framework programme and its specific programmes. It shall assess the overall effectiveness of the framework programme and its contribution to the objectives of Community policy. It shall also assess whether the objectives, priorities and financial resources are still appropriate to the changing situation. If necessary, it shall submit proposals to adapt or supplement the framework programme and/or the specific programmes.

2. In the third year of the period of application of this framework programme and at all events before submitting its proposals for the establishment of a subsequent framework programme, the Commission shall have an external assessment conducted by independent experts of the overall implementation of the Community actions carried out under the framework programme. The Commission shall communicate the conclusions thereof, together with its comments, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

3. The independent experts referred to in the preceding paragraph shall be chosen by the Commission in a balanced fashion.

Article 6

This Decision is addressed to the Member States.

(1) COM(95) 682, 13.12.1995.

(2) Decision 96/737/EC (OJ L 335, 24.12.1996, p. 50).

(3) Council and Parliament Decision No 1110/94/EC (OJ L 126, 18.5.1994, p. 1).

(4) Council Decision 94/268/Euratom (OJ L 115, 6.5.1994, p. 31).

(5) COM(97) 142 final.

(6) COM(97) 196 final.

(7) COM(97) 88 final of 12.3.1997.

(8) OJ C 224, 1.8.1996, p. 1.

(9) Council Regulation (EC) No 701/97 (OJ L 104, 22.4.1997).

(10) COM(97) 167 final, 23.4.1997.