Opinion on:

- the Commission communication to the European Parliament and the Council on Community guidelines on trans-European energy networks,

- the proposal for a European Parliament and Council Decision laying down a series of guidelines on trans-European energy networks, and

- the proposal 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 (1)

(94/C 217/09)

On 3 March 1994 the Council decided to consult the Committee of the Regions, under Article 198c of the Treaty establishing the European Community, on the abovementioned proposals.

At its 3rd Plenary Session held on 17 and 18 May 1994 (meeting of 17 May), the Committee of the Regions approved Mr Fons Hertog's Opinion by a large majority with four votes against and one abstention.

Introduction

Under the Treaty on European Union, trans-European networks are seen as playing a vital role in underpinning the internal market and contributing to the economic and social cohesion of the Union. Accordingly Article 129 stipulates that the Community is to establish a series of guidelines and implement all necessary measures to ensure that the networks function properly. These measures are to include technical standardization and financial support for projects of common interest.

Trans-European networks are of national as well as Community interest. However, a Community approach is justified because of security of supply factors, the cost to the citizen and industry, environmental protection considerations, optimum service provision, and social and economic cohesion within the Community.

The planning and financing of electricity and gas networks will continue to be primarily the responsibility of the companies operating in this sector. Any Community financial contributions must have as little effect as possible on competition and should not distort the independent decision-making of companies, and should be channelled, as part of regional development policy, particularly towards the Community's island, landlocked and peripheral regions.

Overall assessment of the proposals

1. The Committee of the Regions welcomes the Commission proposals as further promoting an efficient system of trans-European networks and services.

2. The Committee of the Regions points out that, in promoting trans-European energy networks, environmental policy aspects such as energy saving, reduction of CO2 emissions and more rational energy use should not be pushed into the background.

3. The Committee recommends that the Financial Statement, which is currently a separate appendix to the proposals, be incorporated in the proposal for creating a more favourable context for the development of trans-European networks in the energy sector.

A. Assessment of the Proposal for a European Parliament and Council Decision laying down a series of guidelines on trans-European energy networks

1. Article 2

1.1. The Committee is of the view that in exceptional cases it must be possible to include lines of less than 220 kV in the proposal. Not all regions will (or can) be connected to the trans-European networks operating at 220 kV, although the connection may be regarded as in the common interest.

1.2. If the proposal is to function properly, a limit must be laid down for the gas pressure in the lines covered by the proposal, by analogy with the voltage limit laid down for electricity networks. This limit will have to be applied in the spirit of the proposal, however, and not rigidly.

2. Article 3

2.1. The Committee considers that strengthening economic and social cohesion should not be the sole criterion for assessing the proposal's objectives. In the second indent it should further be stated that strengthening cohesion can in many cases also have a highly beneficial impact on the environment in the regions concerned. The need for energy efficiency, and the positive aspects of managing energy demand, must be considered in the development of the trans-European networks.

2.2. The Committee of the Regions states that the aim of developing trans-European energy networks must be to optimize the Community's security of supply, in order to provide the less-favoured regions - whether peripheral, island or third country regions - with better links to the centre, in cooperation with the regional and local organizations.

3. Article 4

3.1. The Committee would point out that connection to electricity and natural gas networks is only desirable and should only be encouraged if the costs are not disproportionately high.

In such cases alternative decentralized sources of supply - for instance, decentralized electricity generation, where possible using renewable energy sources such as the sun and wind, the co-generation of electricity and heat through local combined heat and power schemes and small-scale gas production with biogas - should be considered when the priorities are set and options weighed up.

3.2. For this reason it is very important, in the Committee's view, that the region or regions concerned are at least consulted when assessing whether an energy network complies with the objectives of Article 3 and the priorities of Article 4.

4. Article 6

4.1. Under the proposal only the Member States and/or the Commission are authorized to submit an application to amend or add to the list. The Committee urges the Commission to extend this option to two or more adjacent regions in different Member States. In this connection the Committee would refer to 'cross-border, transnational and inter-regional cooperation and networks' as mentioned in the Green Paper [COM(93) 282] in general and the REGEN initiative in particular.

5. Article 7

5.1. The Committee of the Regions considers that the committee referred to in this Article should include a COR representative as well as the Member State and Commission representatives. This representative could ensure that the views of the region(s) affected by an application to amend the list are heard. This request ties in with the comments made above on Articles 4 and 6.

5.2. The Committee of the Regions considers that the committee referred to in this Article should take the form of a regulatory committee.

B. Proposal 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

1. Article 2

1.1. The Committee broadly approves the efforts of the Member States to simplify and speed up the authorization procedures for projects on trans-European energy networks. It would, however, point out that the interests of the regions concerned, the care to be exercised when taking decisions and the protection of the environment should not suffer as a result of these procedures being simplified and speeded up. In this connection the Committee would stress how important it is for the Member States to coordinate their procedures and working methods properly. Such coordination promotes the efficient design and construction of networks by operators. Differences in procedures and working methods between Member States still constitute a major obstacle for those responsible for constructing Community networks.

2. Article 3

2.1. Bearing in mind (i) the importance of a good system of energy networks for the Community as a whole and its various regions in particular and (ii) the high costs of these networks, the Committee urges the Commission to accord more support than at present to trans-European networks in the island, landlocked and peripheral regions of the Community from the Structural Funds or other financial instruments such as the Thermie, Save and Altener energy support programmes.

3. Article 4

3.1. As already stated in the assessment of the proposal laying down guidelines on trans-European networks, the Committee considers that a COR representative should have a seat on the committee referred to in this Article.

3.2. The Committee of the Regions considers that the committee referred to in this Article should take the form of a regulatory committee.

C. Financial Statement

1.1. The chapter on 'external aspects' in the Commission Communication rightly points to the importance of the proposals for non-Community countries. In point 29 it is suggested that the proposal discussed under B above also cover feasibility studies, for projects wholly or partially outside the Community. This applies in particular to projects in or on the external borders with Central and Eastern Europe.

The Committee fully supports this proposal.

1.2. For the Committee it is self-evident that when projects of the type referred to under point 4.1. are prepared and assessed, the relevant regions in the Community must be closely involved; not only in their own interest, but also for their knowledge of the border area and the region in question. This knowledge might be of crucial importance in certain cases and serve to supplement the input of the Member State concerned.

Done at Brussels, 17 May 1994.

The Chairman

of the Committee of the Regions

Jacques BLANC

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