Amended proposal for a COUNCIL DECISION (EC) laying down a series of measures aimed at creating a more favourable context for the development of trans-European networks in the energy sector
Date: 1995-05-29
Institutions: European Commission
Subjects: EU aid, electrical energy, energy grid, natural gas, technical cooperation, trans-European network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  29.05.1995 
COM(95)226  final 

94/0009(COD) 
94/0010(SYN) 

Amended  proposal  for  a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION  (EC) 

laying  down  a series  of  guidelines  on  trans-European 
energy  networks. 

Amended  proposal  for  a 

COUNCIL  DECISION  (EC) 

laying  down  a series  of  measures  aimed  at  creating  a  more 
favourable  context  for  the  development  of 
trans-European  networks  in  the  energy  sector. 

(presented  by  the  Commission  pursuant  to  Article  189 A(2) 
of the EC  Treaty) 

EXPLANATORY  MEMORANDUM 

Introduction 

1. 

In  order  to  implement  Title  XII  of  the  Treaty  as  regards  the  establishment  of  Trans-
European  networks,  the  Commission  on  19.1.1994  transmitted  to  the  Council  and  the 
European  Parliament  (COM(93)685  final);  containing: 

A Proposal  for  a European  Parliament  and  Council  Decision  laying  down  a  series 
of  guidelines  on trans-European  networks,  and 

A  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. 

2.  The European  Parliament  gave  its  opinion  on  both  Proposals  in  the  plenary  session  of 
17.5.95,  where  it  adopted  16  amendments  on  the  first  of  these  Proposals(1)  and  6 
amendments  on  the  second(2) . 

Proposal  on  Community  guidelines 

3.  Of the  16 amendments  made by the Parliament,  the Commission  accepts  5 entirely  and 
7  partially.  The  Commission  accepts  amendments  which  do  not  alter  the  intent  or 
structure  of  the  original  Proposal  and  which  improve  upon  it.  In  some  cases  the 
Commission  is  able  to  accept  the  spirit  of  the  amendment  but  feels  it  necessary  to 
change the  letter  of  its  precise  wording  or  its position  in the  text. 

The changes are summarised below, followed  by a summary of those amendments which 
the  Commission  does not  accept. 

4.  EP  amendment  which  the  Commission  accepts  entirely  or  partially  concern  : 

New Recital  I  (EP Amendment  N°  1) 

The  new  Recital  emphasises  that  energy  must  be  produced,  distributed  and  used  in  a 
rational  way,  that  should  not  impede  the  development  of  renewable  energies  in  the 
regions;  this  is  entirely  in  line  with  Commission  thinking. 

Recital  5 fEP  Amendment  N°  3) 

Introduces  need  for  a  common  energy  strategy,  with  European  Union  objectives 
including the liberalization  of the energy market; this is in line with current  Commission 
thinking  as  reflected  in  the  Green  Paper  on  energy  policy. 

( i) 

Recital  6 (EP  Amendment  N°  4) 

This  recital  emphasises  the  need  for  networks  with  third  countries  having  signed  the 
Treaty  on the European  Energy  Charter to be developed  in accordance with  that Treaty. 
EP  Amendment  has  been  accepted  with  additional  wording  to  take  account  of  the  fact 
that not all third countries in Central  and Eastern Europe and in the Mediterranean  basin 
have signed the Charter Treaty, a fact which should not be an obstacle to EU cooperation 
with  them  on  network  development. 

Recital  7 (EP  Amendment  N°  5) 

The  new  recital  emphasises  the  need  for  gas  and  electricity  interconnecting  links to  be 
as short as possible and optimally  sited; this is in line with the objectives  of the Proposal 
as well  as with  the  criteria to be  satisfied  by  a project  of  common  interest  (see  Recital 
10 and  Article  6). 

Recital  10 (EP  Amendment  N°  6) 

The  Commission's  original  text  is  slightly  modified  to  state  specifically  that,  when 
considering projects  of common  interest,  economic,  social  and technical  factors  shall  be 
taken  into  account;  this  is entirely  in  keeping  with  the  intention  of  the  Proposal. 

Recital  11 (EP  Amendment  n°  12 (in  part)  and  n°  13 

These EP Amendments  would have introduced  consultation  of the European  Parliament 
in implementation  measures proposed to the Committee and  specifically  on the revision 
of  the  list  of  priority  energy  network  projects.  This  is  not  necessary,  since  the 
consultation  of  Parliament  is  already  covered  by  the  modus  vivendi  agreement.  The 
addition  to Recital  11 recalls that  fact. 

Article  3.  first  indent  (EP  Amendments  N°s  7 and  9) 

The  modification  reflects  the  concern  in  EP  Amendment  7  to  encourage  the  rational 
production,  distribution  and  utilisation  of  energy  resources  and  the  enhancement  of 
renewable  resources,  and  the  concern  in  EP  Amendment  9 for  the  reduction  of  energy 
costs to consumers and to the economy, without however making these concerns  specific 
separate objectives  of network  development,  but rather results of the effective  operation 
of the internal  market. 

Article  3. third  indent  (EP  Amendment  N°  $) 

This modification,  linked to Recital 6 above, emphasises the need for networks with third 
countries having  signed  the Treaty  on  the European  Energy  Charter  to be  developed  in 
accordance  with  that  Treaty. 

Same  comment  as for  Recital  6 above. 

Article  6(4)  (EP  Amendment  N°  10) 

This modification  confirms  the obligation  of  strict  enforcement  of  Community  law and 
international  conventions  on the environment when the Member  States take measures to 
facilitate  completion  of  projects  of  common  interest  and  minimize  delays. 

Article  6(5)  (EP  Amendment  N°  11) 

The modification,  linked with Recital 6 and Article 3, third indent above, emphasises the 
need  for  Commission  initiatives  regarding  projects  of  common  interest  situated  in third 
countries,  to be  in  accordance  with  the  Treaty  on the European  Energy  Charter  for  the 
third  countries  having  signed  that  Treaty. 

Same  comment  as for  Recital  6 and  Article  3, third  indent  above. 

5.  E.P.  amendments  which  the  Commission  does  not  accept  concern: 

E P.  Amendment  N° 2. 
A  change  to  Recital  1 which  would  suggest  that  networks  may  (not  do)  contribute  to 
Community  objectives. This would be to question a principle which is clearly  established 
by  Art.  129-B  of  the  Treaty  on European  Union. 

E.P.  Amendment  n°  12 (in  part). 
Amendment which would have introduced  an Advisory Committee (type I) to implement 
measures, instead  of the management  Committee (type II) proposed by the  Commission, 
and  foreseen  explicitly  a  consultative  role  for  EP.  The  reason  for  not  accepting  these 
changes  is that they  are  not  in  line with the  subsidiarity  built  into  Art.  129 b,c,d  of the 
Treaty,  or  with  the  Council  Decision  of  13  July  1987  on  comitology.  However,  the 
modus vivendi agreement applies and already covers Parliament's request for  information 
and  consultation  (see Recital  11). 

EP  Amendment  n°  14. 
Amendment  to  the  Annex  to  add  a  new  electricity  project  "dl4  : Baltic  ring  ...".  This 
project  includes several  parts which are not yet well  defined  : the idea is interesting, and 
when  the  project  has  reached  a  later  stage  of  preparedness  it  can  be  considered  within 
the  framework  of  the  procedure  for  updating  the  list  of  projects  of  common  interest, 
during  which  the  EP  will  be  consulted. 

E.P.  Amendment  n°  15. 
Amendment  to  the  Annex  to  add  the  Italian  peninsula  to  project  e3  (gas  pipeline  to 
Corsica and Sardinia). This project has been postponed by the promoters and by Member 
States  concerned. 

E.P.  Amendment  n°  16. 
Amendment  to the Annex to add to project  h3, for  the connection  of Norway,  Denmark 
and  Sweden by the  SCANPIPE gas pipeline, a mention  of Finland  and the Baltic States. 
This  project  is  not  considered  sufficiently  advanced  to warrant  the  modification. 

Proposal  on  a  more  favourable  context 

* 

6.  Of the  6 Amendments  made by Parliament,  the Commission  accepts 4 and rejects  2,  for 

the  reasons  set  out  below. 
The changes are summarized below, followed  by a summary of those amendments which 
the  Commission  does  not  accept. 

7.  The  Amendments  which  the  Commission  accepts  concern. 

Recital  2 (EP  Amendment  N°  1) 

Introduces  need  for  a  common  energy  strategy,  with  European  Union  objectives 
including the liberalization  of the energy market; this is in line with  current  Commission 
thinking  as  reflected  in  the  Green  Paper  on  energy  policy. 

Recital  3 (EP  Amendment  N°  2) 

Introduces  notion  that  the  development  of  energy  networks  will  reduce  energy  supply 
costs  and  aid  economic  growth.  This  is  entirely  in  line with  the Proposal  objective. 

Recital  5 (EP  Amendment  N°  3) 

Specifies  that  feasibility  studies  shall  study  economic,  social  and  technical  aspects  of 
projects;  this  is entirely  in  line  with  the  principles  of the  Proposal. 

Article  2(1)  (EP  Amendment  N°  4) 

Adds  that  the  Community  "attaches  the  greatest  importance  to"  and  shall  promote 
technical  cooperation,  etc; this  is  entirely  acceptable. 

8.  The  Amendments  which  the  Commission  does  not  accept  concern: 

E.P.  Amendment  n° 5. 
A proposal to give priority  in the interventions of the Community funds,  instruments and 
financial  programmes  to  energy  network  projects  which  promote  economic  and  social 
cohesion  This  would  be  to  change  the  criteria  already  agreed  for  the  existing  Funds, 
instruments  and  financial  programmes,  and  is  not  appropriate  here. 

E.P.  Amendment  n° 6. 
Changes  which  would  have  introduced  an  Advisory  Committee  (type  I)  to  implement 
measures, instead  of the management  Committee (type II) proposed by the  Commission; 
and  which  would  have  introduced  a  consultative  rôle  for  the  European  Parliament 
in 
implementing  energy  network  measures.  The reason  for  not  accepting  these  changes  is 
that they  are not  in  line with  the  Council  Decision  of  13 July  1987 on  comitology,  and 
that  the  Plumb-Del ors  commitment  of  1988  concerning  the  informing  of the  European 
Parliament  of  implementation  acts  will  apply. 

Annex:  the  two  amended  proposals 

Amended  proposal,  fora 
EUROPEAN  PARLIAMENT AND COUNCIL  DECISION 
laying down a series  of guidelines on trans-European energy  networks. 

( C 0 D> 

9 4 / 0 0 09 

THE EUROPEAN  PARLIAMENT AND THE COUNCIL  OF THE EUROPEAN UNION, 

Original  Proposal 

Amended  Proposal 

Having regard to the Treaty establishing 
the  European  Community,  and 
in 
particular  the  first  paragraph  of  Article 
129d thereof, 

Having regard to the Treaty  establishing 
the  European  Community,  and 
in 
particular  the  first  paragraph  of  Article 
129d thereof, 

Having  regard to the  proposal from  the 
Commission, 

Having  regard to  the  proposal from  the 
Commission, 

Having  regard  to  the  opinion  of  the 
Economic  and  Social  Committee  (1), 

Having  regard  to  the  opinion  of  the 
Economic  and  Social  Committee(1)  , 

Having  regard  to  the  opinion  of  the 
Committee  of the  Regions  (2), 

Having  regard  to  the  opinion  of  the 
Committee  of the  Regions  (2), 

Recital 1 
Whereas  energy  cannot  be  regarded 
as  being  merely  another  commodity 
and  must,  therefore,  be  produced, 
distributed and used as  rationally  as 
possible, 
interests  of 
the 
sustainable  development  without  in 
any  way  hindering  or  holding  back 
the  capacity  to  enhance  the  use  of 
renewable  energy  resources  in  the 
regions concerned; 

in 

in 

Original  Proposal 

Amended  Proposal 

of 

the  establishment 

and 
Whereas 
development 
trans-European 
networks  contribute  towards  attaining 
major objectives of the Community such 
as completion of the internal market and 
the  strengthening  of  economics  and 
social cohesion; 

of 

the  establishment 

Recital 2 
and 
Whereas 
development 
trans-European 
networks  contribute  towards  attaining 
major objectives of the Community such 
as completion of the internal market and 
the  strengthening  of  economics  and 
social cohesion; 

the  establishment 

Whereas 
and 
development  of trans-European  energy 
networks  throughout  the  territory  of  the 
Community  also  have 
the  specific 
objectives  of  increasing  the  reliability 
and security of the Community's  energy 
supplies  and  of  allowing  balanced 
operation  of the  internal  energy  market 
within the framework  of a system  which 
is moving towards open and competitive 
markets; 

the  establishment 

Recital 3 
Whereas 
and 
development  of trans-European  energy 
networks  throughout  the  territory  of  the 
Community  also  have 
the  specific 
objectives  of  increasing  the  reliability 
and security of the Community's  energy 
supplies  and  of  allowing  balanced 
operation  of the  internal  energy  market 
within the framework  of a system  which 
is moving towards open and competitive 
markets; 

the  said  objectives, 

Whereas,  in order to contribute towards 
attaining 
the 
development  of  interconnections  and of 
electricity  and  natural  gas  transmission 
networks  in  the  Community  must  be 
accelerated,  particularly  in  the  regions 
where  improvements  to  the  networks 
are  necessary  or  in  regions  which  are 
still  isolated,  and  with  non-Community 
countries 
the 
in  Europe  and 
Mediterranean  region; 

in 

the  said  objectives, 

Recital 4 
Whereas,  in order to contribute  towards 
attaining 
the 
development  of interconnections  and of 
electricity  and  natural  gas  transmission 
networks  in  the  Community  must  be 
accelerated,  particularly  in  the  regions 
where  improvements  to  the  networks 
are  necessary  or  in  regions  which  are 
still  isolated,  and  with  non-Community 
countries 
the 
in  Europe  and 
Mediterranean  region; 

in 

Recital 5 
Whereas,  in  order  to  complete  the 
single  market  in  energy,  measures 
must  be  incorporated  in  a  common 
energy  strategy  which  specifies  not 
only the  main criteria  and  objectives 
of  the  European  Community  in  this 
field  but  also,  and  in  particular,  the 
conditions  for  liberalisation  of  the 
market  in energy  products; 

Original  Proposal 

Amended  Proposal 

the 

Recital 6 
interconnection  of 
Whereas 
transmission  networks for  electricity 
and  natural  gas  with  third  countries 
having  signed  the  Treaty  on  the 
European  Energy  Charter  must  be 
carried  out  in  accordance  with  that 
Treaty; 

Recital 7 
Whereas efforts must be made, in the 
p l a n n i n g,  d e v e l o p m e nt 
and 
construction  of  the  links  currently 
missing  from  the 
trans-European 
networks for  the  transport  of  energy 
products, to  ensure  that  these  links 
are  as  short  as  possible  and 
optimally  sited, 
taking  economic 
factors  into  account; 

Recital 8 

Whereas  action  by  the  Community  to  Whereas  action  by  the  Community  to 
establish  guidelines  on trans-European  establish  guidelines  on  trans-European 
is  necessary 
energy  networks 
in 
accordance  with 
the  principle  of 
subsidiarity; 

is  necessary 
in  energy  networks 
the  principle  of  accordance  with 

subsidiarity; 

to 

in  order  to  develop  these 
Whereas 
networks on a Community-wide scale, it 
is  necessary 
identify  projects  of 
common  interest  and  to  create  a  more 
technical,  administrative, 
favourable 
for 
legal  and 
completion  and  operation  of 
these 
networks; 

financial 

context 

to 

Recital 9 
Whereas  in  order  to  develop  these 
networks on a Community-wide scale, it 
is  necessary 
identify  projects  of 
common  interest  and  to  create  a  more 
technical,  administrative, 
favourable 
for 
legal  and 
completion  and  operation  of 
these 
networks; 

financial 

context 

Original  Proposal 

Amended  Proposal 

the  projects  of  common 
Whereas 
interest  meet  the  said  objectives  and 
priorities;  whereas  only  those  projects 
should  be  considered  which  display 
potential  economic  viability;  whereas  in 
this  context,  the  concept  of  viability 
includes 
financial 
only 
profitability of the projects but also other 
considerations such as the reliability and 
security  of  energy 
the 
strengthening  of  economic  and  social 
the 
cohesion  and 
environment  in the  Community; 

protection 

supplies, 

the 

not 

of 

economic, 

Recital  10 
the  projects  of  common 
Whereas 
interest  shall  meet  the  said  objectives 
and  priorities;  whereas  only 
those 
projects  should  be  considered  which 
display  potential  viability,  taking  into 
and 
account 
technical  factors;  whereas, 
in  this 
context, the concept of viability  includes 
not  only  the  financial  profitability  of  the 
projects  but  also  other  considerations 
such  as  the  reliability  and  security  of 
energy  supplies,  the  strengthening  of 
economic  and  social  cohesion  and 
protection  of  the  environment  in  the 
Community; 

social 

Whereas, for the  implementation  of this 
Decision,  it  is  necessary  to  institute  a 
Committee, 

Recital  11 
Whereas, for the  implementation  of this 
Decision,  it  is  necessary  to  institute  a 
Committee; whereas a modus vivendi 
concerning  implementing  measures 
for  acts  adopted  according  to  the 
codecision  procedure  was  agreed 
between  the  European  Parliament, 
the  Council  and  the  Commission  on 
20  December  1994; 

Article 1 
Unchanged. 

HAVE ADOPTED  THIS  DECISION : 

Article 1 
This  Decision  defines  the  nature  and 
scope  of  the  action  by  the  Community 
on guidelines on trans-European energy 
It  establishes  a  series  of 
networks. 
guidelines  covering 
the  objectives, 
priorities  and  broad  lines  of  action  by 
the  subject  of 
the  Community  on 
trans-European  energy  networks; 
it 
the  projects  of  common 
identifies 
interest 
trans-European 
the 
on 
electricity  and  natural  gas  networks. 

8 

Original  Proposal 

Amended  Proposal 

Article  2 
This  decision  applies to : 
-  in electricity  networks: 

Article 2 
Unchanged. 

is 

or 

.  all  lines  of  220  kV  or  more  and 
this 
for 
international 

links,  provided 
used 

submarine 
infrastructure 
interregional 
transmission; 
.  the  systems 

for  operating 

the 
abovementioned  facilities,  i.e.  the 
protection,  monitoring  and  control 
systems,  as well  as  any  equipment 
or installations indispensable for the 
system 
to  operate 
properly. 

in  question 

-  in natural gas  networks: 

.  high-pressure gas pipelines making 
it  possible  to  supply  regions  of  the 
Community from  internal or external 
sources; 

.  underground 

storage 

facilities 
connected  to  the  abovementioned 
high-pressure  gas  pipelines; 
storage 

and 
regasification  facilities  for  liquefied 
natural gas  (LNG); 

reception, 

.  the 

.  the  systems 

for  operating 

the 
abovementioned  facilities,  i.e.  the 
protection,  monitoring  and  control 
systems,  as  well  as  any  equipment 
or installations indispensable for the 
system 
to  operate 
properly. 

in  question 

Original  Proposal 

Amended  Proposal 

Article  3 
The  Community  shall  promote  . the 
interconnection, 
interoperability  and 
development of trans-European  energy 
networks  and  access  to  such  networks 
with the  objective  of: 
-  allowing  effective  operation  of  the 
internal  market  in general and of the 
internal  energy  market  in  particular; 

facilitating 
the  development  and 
reducing  the  isolation  of  the  less 
favoured  regions  of  the  Community, 
thereby  contributing  to  strengthening 
economic  and  social cohesion; 

Article 3 
the 
The  Community  shall  promote 
interconnection, 
interoperability  and 
development  of trans-European  energy 
networks  and  access  to  such  networks 
with the  objective  of : 
-  allowing  effective  operation  of  the 
internal  market  in general  and  of  the 
internal energy  market  in  particular, 
while  encouraging  both 
the 
rational  production,  distribution 
and utilization of energy  resources 
and the enhancement of  renewable 
resources,  with a view to  reducing 
the  cost  of  energy  to  consumers 
the  European 
and 
economy  more  competitive; 

rendering 

-  facilitating 

the  development  and 
reducing  the  isolation  of  the  less 
favoured  regions  of  the  Community, 
thereby  contributing  to  strengthening 
economic  and  social cohesion; 

strengthening 
Community's 
including 
non-Community  countries 
energy  field. 

the  security  of  the 
supplies, 
relations  with 
the 

energy 

closer 

in 

energy 

the  security  of 

the 
-  strengthening 
Community's 
supplies, 
including  closer  relations  with  non-
Community  countries  in  the  energy 
field,  while  adhering  to  the  Treaty 
on  the  European  Energy  Charter 
for 
third  countries  having 
signed that  Treaty. 

the 

10 

Original  Proposal 

Amended  Proposal 

Article  4 
Unchanged. 

Article  4 
The  priorities  for  the  action  by  the 
Community  on  trans-European  energy 
networks  shall  be as follows: 
1.  for  electricity  networks: 

.  the connection of isolated electricity 

networks; 

. t he 

d e v e l o p m e nt 

of 

b e t w e en 
i n t e r c o n n e c t i o ns 
Member  States  and  of 
internal 
connections insofar as necessary in 
o r d er 
t h e se 
interconnections; 

h a r n e ss 

to 

. t he 

d e v e l o p m e nt 

of 
w i th 
i n t e r c o n n e c t i o ns 
in 
countries 
non-Community 
the  Mediterranean 
Europe  and 
region  which 
to 
contribute 
improving the reliability and security 
the  Community's  electricity 
of 
supply  networks  or  to  adding  to 
electricity 
the 
supplies 
Community. 

to 

2. for  natural gas  networks  : 

.  the  introduction  of  natural  gas  to 

new  regions; 

.  the  connection  of  isolated  natural 
the 
gas 
networks, 
improvements  needed 
the 
existing  networks  for  this  purpose 
and the connection of the  separate 
natural gas  networks; 

including 
to 

.  increasing  the  transmission  (gas 
delivery  pipeline),  reception  (LNG) 
and  storage  capacities  needed  to 
satisfy 
and 
diversification  of  supply  sources 
and routes for  natural gas. 

d e m a nd 

the 

11 

Original  Proposal 

Amended  Proposal 

lines  of  action  by 

Article  5 
the 
The  broad 
Community  on  trans-European  energy 
networks  shall be: 
-  the 

identification  of  projects  of 

Article 5 
Unchanged. 

common  interest; 

-  the  creation  of  a  more  favourable 
technical,  administrative, 
legal  and 
financial  context  for  development  of 
the  networks. 

Article  6 
1.  Any  energy  network  project  which 
satisfies all the following criteria may 
be of common  interest: 
-  it falls  within  the  scope  of  Article 

Article  6 
1.  Any  energy  network  project  which 
satisfies all the following criteria may 
be of common  interest: 
-  it falls within the scope of Article 2; 

2; 

-  it  corresponds  to  the  objectives 
and  priorities  set  out  in Articles  3 
and 4  respectively; 

-  it responds to a need and displays 
potential  economic  viability  to  be 
confirmed. 

-  it  corresponds  to  the  objectives 
and  priorities  set  out  in Articles  3 
and 4  respectively; 

-  it responds to a need and displays 
potential  economic  viability  to  be 
confirmed. 

2.  The projects of common interest are 

2.  The projects of common interest are 

those  listed  in the  Annex. 

in 
in  accordance  with 

3.  Any  application  by  a  Member  State 
or the Commission for amending the 
list  of  projects  of  common  interest 
the  Annex  shall  be 
set  out 
decided 
the 
procedure specified in Article 7. The 
criteria  set  out  in  paragraph 
1 
above  shall  apply  in  deciding  the 
application.  A  project  may  not  be 
included  in  the 
list  unless  each 
Member State to whose territory the 
project  relates  has  approved 
its 
inclusion. 

those  listed  in the Annex  . 

in 
in  accordance  with 

3.  Any  application  by  a  Member  State 
or the Commission for amending the 
list  of  projects  of  common  interest 
the  Annex  shall  be 
set  out 
decided 
the 
procedure  specified in Article 7. The 
criteria  set  out  in  paragraph 
1 
above  shall  apply  in  deciding  the 
application.  A  project  may  not  be 
included 
list  unless  each 
Member  State to whose territory  the 
project  relates  has  approved 
its 
inclusion. 

in  the 

12 

Original  Proposal 

Amended  Proposal 

4.  The  Member  States  shall  take  all 
relevant  measures  at  national, 
regional  and  local  level  to  facilitate 
completion  of  projects  of  common 
interest.  In  particular  the  national 
authorisation  procedures  shall  be 
completed  as  rapidly  as  possible. 

5.  Where  parts  of  projects  of  common 
interest  are  situated  on the  territory 
of third countries, the Commission is 
to  put forward  adequate  proposals, 
where  appropriate,  within 
the 
framework  of  the  management  of 
the 
the 
agreements 
third 
and 
Community 
countries, for the projects also to be 
recognised  as  of  common  interest 
reciprocally  by  the  third  countries 
concerned. 

between 
those 

in 

Member States shall take all relevant 
measures  at  national,  regional  and 
local  level to facilitate  completion  of 
projects  of  common  interest  and 
minimize  delays 
the  strict 
enforcement  of  Community  law 
and  international  conventions  on 
the  environment.  In  particular  the 
national  authorisation  procedures 
shall  be  completed  as  rapidly  as 
possible. 
Where  parts  of  projects  Of common 
interest  are  situated  on  the  territory 
of third countries, the Commission is 
to  put  forward  adequate  proposals, 
where 
the 
framework of the management of the 
agreements between the Community 
and  those  third  countries,  and  in 
accordance  with 
the  Treaty  on 
the  European  Energy  Charter  for 
the  third  countries  having  signed 
that  Treaty  for  the  project  also  to 
be recognised as of common interest 
reciprocally  by  the  third  countries 
concerned. 

appropriate,  within 

The evaluation  of economic  viability 
referred  to  in  the  third  indent  of 
paragraph  1 shall be based upon an 
overall  cost-benefit  analysis,  which 
shall  take  account  of  all  benefits 
such  as  environmental  aspects, 
security 
the 
contribution  to  economic  and  social 
cohesion. 

supply 

and 

of 

The  evaluation  of  economic  viability 
referred  to  in  the  thrid  indent  of 
paragraph  1 shall be based upon an 
overall  cost-benefit  analysis,  which 
shall  take  account  of  all  benefits 
such  as  environmental  aspects, 
security 
the 
contribution  to  economic  and  social 
cohesion. 

supply 

and 

of 

13 

Original  Proposal 

Amended  Proposal 

Article 7 
1.  A  Committee  composed  of 

the 
r e p r e s e n t a t i v es 
t he 
Member  States  and  chaired  by  the 
representative of the Commission is 
hereby  instituted. 

of 

Article 7 
Unchanged. 

Any  application  for  amendement  of 
list  of  projects  of  common 
the 
interest made  by the  Commission or 
a  Member  State  shall  be  submitted 
by 
this 
Committee  in  accordance  with  the 
procedure  laid down  in paragraph 2. 

the  Commission 

to 

2.  The 

of 

to 

r e p r e s e n t a t i ve 

the 
Commission  shall  submit 
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  may 
lay down according to the urgency of 
the  matter.  The  opinion  shall  be 
delivered by the majority laid down 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 
the 
Member  States within the Committee 
shall be weighted  in the  manner  set 
out  in  that  Article.  The  Chairman 
shall not vote. 

representatives 

of 

if 

However, 

shall 
shall 

adopt 
The  Commission 
apply 
measures  which 
immediately. 
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  may 
defer  application  of  the  measures 
which  it  has  decided  for  a  period  of 
not  more  than  one  month  from  the 
date of such  communication. 

14 

Original  Proposal 

Amended  Proposal 

The  Council,  acting  by  a  qualified 
majority, may take a different  Decision 
within  the time  limit  referred  to  in the 
previous  paragraph. 

Article  8 
Every  two  years  the  Commission  shall 
submit  a  report  on  implementation  of 
the  European 
to 
this  Decision 
Parliament,  the  Council,  the  Economic 
and  Social  Committee 
the 
Committee  of the  Regions. 

and 

Article 8 
Unchanged. 

Article  9 
This  Decision  shall  enter  into  force  on 
the third  day following  its  publication  in 
the  Official  Journal  of  the  European 
Communities. 

Article 9 
Unchanged. 

Article  10 

Article  10 
Unchanged. 

This  Decision 
Member  States. 

is 

addressed 

to 

the 

Done  at  Brussels, 

For the  European  Parliament 
The  President 

For the  Council 
The  President 

15 

Original  Proposal 

Amended  Proposal 

ANNEX 
TRANS-EUROPEANS  ENERGY 
NETWORKS 
List of projects  of  common  interest. 

ANNEX 
Unchanged. 

*  *  * 

16 

Amended  Proposal for a 
COUNCIL  DECISION 
laying down a series  of actions aimed at creating a more favourable  context 
for the development of trans-European networks in the energy  sector 

94/0010  (SYN) 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

Original  proposal 

Amended  proposal 

Unchanged. 

Having  regard to the  Treaty 
establishing  the  European  Community 
and  in particular  the third  paragraph 
Article  129 d  thereof, 

Having  regard to the  proposal from  the 
Commission, 

In cooperation  with the  European 
Parliament/^ 

Having  regard to the  opinion  of the 
Economic  and  Social  Committee/2* 

Having  regard  to the  opinion  of the 
Committee of the  Regions,(3) 

tu 

(2) 

17 

Original  proposal 

Amended  proposal 

Whereas  the creation  of a  more 
favourable  context  at the technical, 
administrative,  legal and financial 
levels for the  development  of trans-
European  energy  networks  is part  of 
the  lines of action within the  meaning 
of Article  129c (1)  of the Treaty  and 
provided for  in  European  Parliament 
and Council  Decision  ... of....  laying 
down a series  of  guidelines  on trans-
European  energy  networks; 

Recital 1 
Whereas  the creation  of  a  more 
favourable  context  at the technical, 
administrative,  legal and financial 
levels for the  development  of trans-
European energy  networks  is  part  of 
the  lines of action within the  meaning 
of Article  129c (1)  of the Treaty  and 
provided for  in European  Parliament 
and Council  Decision  ....  laying  down 
a  series  of guidelines  on trans-
European  energy  networks; 

Recital 2 
Whereas, in order to complete  the 
single market  in energy,  measures 
must be incorporated in a  common 
energy strategy which specifies  not 
only the  main criteria  and  objectives 
of the  European Community  in this 
field but also, and in particular,  the 
conditions for  liberalisation  of the 
market  in energy  products. 

18 

Original proposal 

Amended proposal 

Recital 3 
Whereas the construction and 
development of  trans-European 
networks in the energy sector will 
help to reduce energy  supply  costs 
and thus contribute to a higher rate 
of economic growth and  more 
employment and enhance the 
competitiveness  of the  European 
economy; 

19 

Original proposal 

Amended proposal 

Whereas the creation of a more 
favourable context at the technical, 
administrative and legal levels must be 
aimed mainly at providing a stimulus 
for technical cooperation between the 
operators of the networks, at 
simplifying and speeding up the 
existing authorization  procedures for 
projects on the networks  in the 
Member States in order to reduce 
delays and at seeking a common 
approach for technical aspects 
applicable to these projects; 

Whereas,  in order to speed up 
completion of projects of common 
interest  identified by Decision ... 
[guidelines on trans-European  energy 
networks],  it is necessary to provide 
the Community with the possibility to 
support, from the financial resources 
allocated specifically to 
trans-European  networks, the financial 
efforts made by the Member  States in 
favour of such projects,  particularly in 
the form of aid for feasibility  studies 
and, where appropriate,  loan 
guarantees or interest-rate subsidies; 

Recital 4 
Whereas the creation of a more 
favourable context at the technical, 
administrative and legal levels must be 
aimed mainly at providing a stimulus 
for technical cooperation between the 
operators of the networks, at 
simplifying and speeding up the 
existing authorization procedures for 
projects on the networks  in the 
Member  States  in order to reduce 
delays and at seeking a common 
approach for technical aspects 
applicable to these projects; 

Recital 5 
Whereas,  in order to speed up 
completion of projects of common 
interest  identified by Decision ... 
[guidelines on trans-European  energy 
networks],  it is necessary to provide 
the Community with the possibility of 
supporting, from the financial 
resources allocated specifically to 
trans-European  networks, the financial 
efforts made  by the Member  States in 
favour of such projects, particularly in 
the form of aid for economic, social 
and technical feasibility  studies, and 
where appropriate,  loan guarantees or 
interest-rate subsidies; 

20 

Original  proposal 

Amended  proposal 

Recital 6 
Whereas the  other  financial 
instruments  at the  disposal  of the 
Community,  such as the  structural 
Funds, the  European  Investment  Fund 
and the support from  the  European 
Investment  Bank  and  programmes  in 
favour  of third countries  could  make  a 
contribution,  in some  cases  decisive, 
to the  realization  of  projects  of 
common  interest  identified  by  Decision 
...  [guidelines  on  trans-European 
energy  networks], 

Article 1 
Unchanged 

Whereas  the  other  financial 
instruments  at the  disposal  of the 
Community,  such  as the  structural 
Funds, the  European  Investment  Fund 
and the  support from  the  European 
Investment  Bank and  programmes  in 
favour  of third countries  could  make a 
contribution,  in some  cases  decisive, 
to the  realization  of  projects  of 
common  interest  identified  by  Decision 
...  [guidelines  on  trans-European 
energy  networks], 

HAS ADOPTED  THIS  DECISION 

Article 1 
This  Decision  lays  down the action to 
be taken with  a view  to  creating  a 
more favourable  technical, 
administrative,  legal  and  financial 
context for  completion  of the  projects 
of common  interest  in connection  with 
trans-European  energy  networks  and 
for  operation  of these  networks  on a 
Community-wide  scale. 

21 

Original  proposal 

Amended  proposal 

Article  2 
1.  In order to  contribute  to  creating  a 
more favourable  technical, adminis 
trative  and  legal context for  the 
development  of  trans-European 
networks,  the  Community  shall 
promote : 

- 

- 

- 

technical  co-operation  projects 
between  the  operators 
responsible for  management, 
monitoring  and  control  of the 
trans-European  networks; 
co-operation  between  Member 
States with  a view  to  simplifying 
and speeding  up  authorization 
procedures  for  projects  on 
trans-European  energy 
networks  in order  to  reduce 
delays; 
the  definition  of  a  common 
approach for  technical  aspects 
applicable  to  trans-European 
energy  networks. 

The  Commission  shall,  in close 
collaboration  with  the  Member 
States, take  all useful  initiatives  for 
promoting  the  coordination  of the 
activities  referred  to  in paragraph  1. 

Article 2 
1. 

In order  to  contribute  to  creating  a 
more favourabletechnical,  admi 
nistrative  and  legal  context  for  the 
development  of  trans-European 
networks,  the  Community 
attaches the  greatest 
importance to  and  shall 
promote : 

- 

technical  co-operation  projects 
between the  operators 
responsible for  management, 
monitoring  and  control  of  the 
trans-European  networks; 
-  co-operation  between  Member 

States with  a view  to  simplifying 
and speeding  up  authorization 
procedures for  projects  on 
trans-European  energy 
networks  in order  to  reduce 
delays; 
the  definition  of  a  common 
approach for  technical  aspects 
applicable  to  trans-European 
energy  networks. 

- 

2.  The  Commission  shall,  in  close 

collaboration  with the  Member 
States, take  all useful  initiatives  for 
promoting  the  coordination  of the 
activities  referred to  in 
paragraph 1. 

22 

Original  proposal 

Amended  proposal 

Article  3 
Unchanged. 

Article  3 
In order  to contribute  to  creating  a 
more favourable  financial  context  for 
trans-European  energy  networks,  the 
Community: 
1.  May, within the framework  of  its 

specific  action on  trans-European 
energy  networks,  provide  financial 
support for  projects  of  common 
interest financed  by  Member 
States: 
-  for feasibility  studies  on  projects 
of common  interest  identified  by 
Decision  ...  [guidelines  on trans-
European  network]  and for  the 
implementation  stage  of these 
projects,  in the form  of  interest-
rate  subsidies  or  loan 
guarantees; 

-  for  studies  and  projects  aimed at 
improving technical  cooperation 
on the operation  of trans-
European  networks  referred to  in 
the first  indent  of  point  1 of 
Article 2. 

The financial  support  measures 
taken  as  part  of the  specific  action 
on trans-European  energy  networks 
shall  be adopted  by the  Commission 
in accordance with the  procedure 
provided for  by Article 4(2)  and  in 
accordance with the  provisions  of 
Council  Regulation  [defining  general 
rules for  the financing  of trans-
European  networks](4) 

(4) 

OJ  N.L 

23 

Original proposal 

Amended proposal 

2.  Shall take  account of the projects of 

common interest  identified in 
Decision [guidelines on trans-
European energy networks] in 
interventions  by its Funds, 
instruments and financial 
programmes  applicable to these 
networks, within the terms of their 
own rules and finalities. 

24 

Original  proposal 

Amended  proposal 

Article  4 
Unchanged. 

Article  4 
1.  In the  implementation  of the  actions 
referred to  in Article  2  above,  the 
Commission  shall  be assisted  by 
the  Committee  established  by 
Article  7(1)  of  Decision 
/.../[guidelines  on  trans-European 
energy  networks]. 

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  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. 

2.  In the  implementation  of the  actions 
referred to  in Article  3(1)  above,  the 
Commission  shall  be  assisted  by 
the  Committee  established  by 
Article 7  (1)  of  Decision I...IE 
[guidelines  on  trans-European 
energy  networks],  in  accordance 
with the  procedure  laid down  in 
Article  7 (2)  of that  Decision. 

25 

Original  proposal 

Amended  proposal 

Article 5 

Article  5 
The amounts  to  be granted  pursuant  to  Unchanged, 
this  Decision  shall  be entered  annually 
in the general  budget  of the  European 
Communities.  They  shall cover  the 
financial support  referred to  in point 1 
of Article  3. 

Article 6 

Article 6 
Every two years  the  Commission  shall  Unchanged. 
submit  a report  on  implementation  of 
this  Decision to the  European 
Parliament,  the  Council  and the 
Economic and  Social  Committee  and 
the  Committee  of the  Regions. 

Article  7 
This  Decision  is addressed  to  the 
Member  States. 

Article 7 
Unchanged. 

Done at  Brussels, 

For the  Council 
The  President 

26 

ISSN 0254-1475 

COM(95) 226  final 

DOCUMENTS 

EN 

12 

Catalogue number  : CB-CO-95-251-EN-C 

ISBN 92-77-89385-0 

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