PROPOSAL FOR A COUNCIL REGULATION OF REPEALING REGULATION NR 1038/79/EEC ON COMMUNITY SUPPORT FOR A HYDROCARBON EXPLORATION PROJECT IN GREENLAND
Date: 1995-07-26
Institutions: European Commission
Subjects: EU aid, Greenland, hydrocarbon, project evaluation, research project

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  26.07.1995 
COM(95) 391 final 

95/0214 (CNS) 
95/0215 (CNS) 
95/0216 (CNS) 
95/0217 (CNS) 

COMMISSION  REPORT 

A  REVIEW  OF COMMUNITY  ENERGY  LEGISLATION 

COMMUNICATION FROM THE COMMISSION 

CONCERNING THE REPEAL OF SEVERAL COMMUNITY LEGISLATIVE  TEXTS 

IN  THE FIELD OF ENERGY POLICY 

COMMISSION  REPORT 

A  REVIEW  OF  COMMUNITY  ENERGY  LEGISLATION 

The  European  Council  held  in  Brussels  in  December  1993  stressed  the  importance  of 
streamlining and simplifying  certain legislative acts for economic operators, notably  small 
businesses. 

In  its  conclusions,  the  European  Council  referred  to  the  Commission's  White  Paper 
indicating,  among  other  things,  that  Member  States  should  pay  particular  attention  to 
improving  flexibility  within  firms  and  on  the labour  market,  by  eliminating  excessively 
rigid  regulations,  and  through  greater  mobility. 

In  this  context,  the  Council  meeting  on  energy  of  29  November  1994  asked  the 
Commission  to present  a report  on Community  energy  legislation,  with  proposals  aimed 
at  streamlining  and  simplifying  Community  legislation  where  necessary  and  possible. 

In  response,  the  Commission  has just  examined  the  legislation  on  the  rational  use  of 
energy  and  on  oil.  In  accordance  with  the  suggestions  made  when  the  issue  was  first 
examined  by  the  Council,  the  Commission  formally  consulted  the  SAVE  advisory 
committee  (on  the  provisions  relating  to  energy  efficiency)  and  the  Industry  Supply 
Advisory  Group  (ISAG).  The  Commission  has  taken  full  account  in  this  report  of  the 
opinions  expressed. 

Furthermore,  in  September  1994 the  Commission  set up  a group  of  independent  experts 
on  legal  and  administrative  simplification,  chaired  by  Mr Bernhard  Molitor.  This  group 
was  given  the  remit  of  examining  the  impact  of  Community  and  national  legislation  on 
employment  and  competitiveness,  with  a view  to  streamlining  and  simplifying  it  where 
possible  and  of  reporting  to the  Commission  before  the  European  Council  in  Cannes. 

This group,  after  meeting  nine times, adopted  this report at its latest meeting  on  10 June. 

The  European  Council  in  Cannes  took  note  of  it.  At  the  time,  the  Commission  gave  a 
generally  favourable  reception  to the  proposals  of  the  general  chapter  of  the  report. 

Among  these  proposals,  the  group  suggests  that the  existing  legislation  should  be  tested 
for  its  usefulness,  impact  on  the  economy  and  readability. 

The  Commission  also  took  account  of  those  criteria  when  drafting  this  report  on  the 
review  of  Community  energy  legislation. 

The  Commission's  proposals  made  in  line  with  its  current  thinking  and  the  underlying 
reasons  are  set  out below.  They  are grouped  into  subjects  (rational  use,  oil),  and  each  is 
subdivided  into two headings.  The first lists the acts which could be repealed.  The second 
contains  the  acts  which  should  be  maintained,  in  some  cases  subject  to  amendments. 

The  Commission  intends  to  continue  with  this  revision  exercice  of  energy  legislation  in 
other  areas  not  covered  at  present  by  this  report. 

3-

Acts  to  be ^repealed 

From  1^76Çtôt!Ï979,  "theV Council  and  the  Commission  made!  various^ 
recommendations  concerning measures intended to allow  a more rational  use  of 
energy.  After  examining  their  scope,  the  Commission  has  concluded  that they 
have now lost much of their practical value. 

,1 

1: 

76/492/EEC: 

Council  recommendation  of 4 May  1976 on the rational  use of  energy  by 
promoting  the thermal  insulation  of buildings. 

This  recommendation  proposes  the  organization  of  public  information 
campaigns,  so  as to  publicize  the  most  suitable  means  of  improving  the 
insulation  of  dwellings  and  adopt  harmonized  reference  standards  for 
thermal  insulation  at  Community  level. 

2. 

76/493/EEC: 

Council  recommendation  of 4 May  1976 on the rational  use of  energy  in 
the  heating  systems  of  existing  buildings. 

This  act  proposes  that  in  existing  buildings  occupied  part  time  or  as 
dwellings, heating systems should be fitted  with  a system for varying their 
heat consumption. It also proposes periodic maintenance and inspection  of 
heat  generators  and  the  installation  of  hot  water  metering  in  apartment 
buildings. 

3. 

77/712/EEC: 

Council  recommendation  of 25  October  1977  on the  regulating  of  space 
heating,  the production  of domestic hot water and the metering of heat in 
new  buildings. 

This  act  promotes  the  variation  and  monitoring  of  heat  consumption  in 
buildings, and of temperatures while premises are occupied or unoccupied. 
Domestic  hot  water  should  not  enter  the  circuit  at  over  60°  Celsius  and 
meters should  be installed  in new buildings to enable heat to be measured 
and  costs  to be  shared  fairly  between  occupants. 

4. 

79/167/ECSC, EEC,  Euratom: 

Council  recommendation  of  5 February  1979  on  the  reduction  of  energy 
requirements  for  buildings  in  the Community 

v 

This recommendation  proposed investment programmes up to  1985 aimed 
at reducing  energy demand  by improving thermal  insulation  in buildings, 
reducing  superfluous  ventilation  and  improving  the  efficiency  of  heating 

•SK' 

5 /r 

88/285/EE& 

Commission Recommendation of 29 March 1988 on third party financing. 

This  proposés  measures  to  Member  States  for  promoting  thirîd-party 
financing  of  investments in energy  efficiency,  such as the  elimination  of 
various  legal  and  administrative  barriers,  incentives  to  private  or public 
enterprise,  granting of  subsidies, etc. 

Since these five recommendations were drawn up, the areas concerned have again 
been  covered  by  Council  Directive  93/76/EEC  of  13  September  1993*.to  limit 
carbon  dioxide  emissions  by  improving  energy  efficiency  (SAVE).  Since  they 
have  been  overtaken  by  the  Community  legislative  process  and  are  no  longer 
relevant,  the  Commission  considers  that  these  recommendations  (Nos  1  to  5) 
should no longer figure  arnong the legislative acts and other instruments  relating 
to energy. 

Two other recommendations  are worth examining: 

6. 

76/496/EEC: 

Council  recommendation  of 4 May  1976 on the rational use of energy for 
electrical  household  appliances. 

This  recommends  the  adoption  of  all  appropriate  measures  to  inform 
purchasers  of  the  energy  consumption  of  each  appliance  by  means  of 
labelling,  and national  information  campaigns. 

The scope of the recommendation has already been covered in the Council 
Directive  of  14 May  1979  on the  indication  by  labelling  of  the  energy 
consumption  of  household  appliances  (79/530/EEC),  which  was  itself 
repealed  and replaced  by  Council  Directive  92/75/EEC  of  22  September 
1992  on  the  indication  by  labelling  and standard product  information  of 
the  consumption  of  energy  and other resources by  household  appliances. 

The Commission  therefore  considers that this recommendation  should no  longer 
figure  among the legislative  acts and other instruments relating to  energy. 

7. 

80/823/EEC: 

Commission  recommendation  of  29  July  1980  on  the  rational  use  of 
energy  in industrial  enterprises. 

The principle  of the  Community  "Energy Bus" programme was based on 
that  recommendation,  and  was  the  only  concrete  effect  of  it.  The. 
the 
programme  no 
recommendation  have  also  been  incorporated  in  Directive  93/76/EEC 

longer  exists.  The  principles  contained 

in 

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. 

-  ; 

The  other  parts  of  the  recommendation  are  no  longer  relevant.  For 
example,  the  Commission  has  not  updated  the  Community  information 
system,  technical  assistance  and  consultation  database  for  the  past  ten 
years; furthermore,  the agreement between the Commission and the parties 
interested  in  achieving  the  objectives  of  the  Community  "Energy  Bus", 
programme  no  longer  exists: 

The  Commission  therefore  considers that this recommendation  should  no  longer 
figure  among  the  legislative  acts  and  other  instruments  relating  to  energy. 

b. 

Acts  which  should  not  be  repealed 

In  contrast  to  the  texts  mentioned  above  in  the  report,  some  legislative  acts 
concerning  energy  efficiency,  partly  out  of  date,  could  be  maintained,,  either 
because they  are  not  fully  covered  by  the  SAVE Directive  or another  legislative 
act,  or  because  they  are  still  of  value  in  achieving  the  objective  of  improving 
energy  use. 

1. 

77/713/EEC: 

Council  recommendation  of 25 October  1977 on the rational  use of energy 
in  industrial  undertakings 

This recommendation  is currently covered only very partially by Directive 
93/76/EEC  (SAVE)  which  concerns  only  "programmes  with  the  aim  of 
promoting 
...",  whereas 
recommendation  77/713/EEC  also  mentions: 

the  regular  completion  of  energy  audits 

• 

• 

• 

the setting-up  of public bodies or departments to mount  campaigns 
to  provide  information  and  increase  awareness,  and  to  encourage 
energy  savings; 

an  exchange  of  experience  at  national  level,  and  possibly  at 
Community  level; 

a  chapter  on  energy  in  industrial  undertakings'  annual  reports. 

The  Commission  therefore  considers  that,  despite  is  non-binding  nature, 
this  recommendation  could  usefully  be  maintained. 

2. 

78/170/EEC: 

Council  Directive  of  13  February  1978  on  the  performance  of  heat 
generators  for  space  heating  and  the  production  of  hot  water  in  new  or 
existing non-industrial buildings and on the insulation of heat and  domestic 
hot-water  distribution  in  new  non-industrial  buildings 

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'  1992 en efficiency requirements fornew hot-water boilers fired with liquid 
or gaseous  fuels,  but it  is  different  in  a number of  ways,  so  could be 
maintained. 

The main differences between the two Directives are: 

• 

Directive 78/170 covers all fuels, whereas Directive 92/42 covers 
only liquid  or gaseous fuels; 

Directive 78/170 makes reference to all forms of secondary energy, 
i.e. all heat generators and not only hot-water boilers;  * 

Directive  78/170  also  covers  insulation  of  heat  and  hot-water 
distribution,  whereas  this  is  not  covered  by  the  new  Directive 
92/42; 

Directive  78/170  relates  to  heating  installations  as  a  whole, 
whereas Directive 92/42 covers only water boilers; 

finally,  the new Directive 92/42 makes reference  only to new hot-
water boilers rated at 4 to 400 kW, whereas Directive 78/170 also 
covers hot-air and steam boilers with no power limit. 

The  Commission  therefore  proposes  that  Directive  78/170/EEC  be 
maintained  since it has a broader coverage than Directive 92/42/EEC. 

B. 

Oil legislation 

The Commission  has also examined  certain legislative acts concerning  oil, with 

the following  results: 

a. 

Legislative acts to be repealed 

, 

1. 

2. 

1038/79 (EEC): 
Council Regulation (EEC) of 24 May 1979 on Community support 
for  a hydrocarbon  exploration project  in Greenland. 

The  project  was  abandoned  long  ago.  The  act  is  therefore  no 
longer relevant and the Commission proposes that it be repealed. 

Other Community  acts are no longer of any practical  application. 
They relate to the notification  of the Commission  of imports and 
exports of qrude oil and natural gas. The application of these acts 
was suspended  in  1981, after  consulting the IS AG. 

t - ^ Vv 

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*:. ' ® '"  Notification of the Commission of imports of crude oil and  ^ 

,  natural  gas.  *"  - 

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The Regulations  concerned are. 

i 

1055/72: 

Regulation  (EEC)  No  of  the  Council  of  Ï8  May 
1972  on  notifying  the  Commission  of  imports  of 
crude  oil  and  natural  gas. 

2. 

3254/74: 

. 

Council  Regulation  (EEC)  of  17 December  1974, 
applying Regulation (BEC) No 1055/72 on  notifying 
the Commission  of imports of crude oil  and  natural 
gas, 
falling  within 
subheadings  27.10  A,  B,  C  I  and  C  II  of  the 
Common  Customs  Tariff. 

to  petroleum 

products 

The  six-monthly  notifications  (enterprises'  actual  figures) 
and  annual  notifications  (forecasts)  required  from 
the 
Member  States under the two above-mentioned  Regulations 
were  abandoned  for  all  crude  oil  and gas imports  owing to 
a  structural  change  in  the market  (spot  contracts  replacing 
long-term  contracts  for  oil).  Furthermore,  increasingly 
detailed  data  for  crude  oil  and  natural  gas  have  been 
obtained  on a monthly basis via the Statistical  Office  of the 
European  Communities  (Eurostat)  on  the  basis  of  the 
available  customs  data. 

The Commission  therefore  proposes that these two Regulations be 
repealed.  The 
implementing 
two  corresponding  Commission 
Regulations  (Nos  1068/73 and 2677/75) will  also be repealed  as a 
consequence. 

(ii) 

Notification  of the Commission of exports of crude oil  and 
natural  gas. 

1. 

388/75: 

Regulation  (EEC)  of  the  Council  of  13  February 
1975  on  notifying  the  Commission  of  exports  of 
crude  oil  and  natural  gas to third  countries. 

These notifications  have also been abandoned,  since 
they  also  proved  to  be  much'less  detailed  than  the 
information  available  from  Eurostat  (mainly  the 
customs  data)  and  covered  only  part  of  crude  oil 
and  natural  gas exports. 

repealed.  - 

. 

' 

Acts which should not  be  repealed 

Other  legislative  acts  concerning  oil  also  need  to  be  reviewed  regarding 
their  real  usefulness. 

1. 

76/491/EEC: 

Council  Directive  of  4  May  1976  regarding  a  Community 
procedure  for  information  and consultation  on the  prices*of  crude 
oil  and  petroleum  products  in  the  Community. 

This  Directive  was  introduced  after  the  first  oil  crisis  in  order  to 
monitor the supply conditions for crude oil and petroleum products, 
and the operation  of the market in the Member  States. It helped to 
make  costs  and  prices  of  petroleum  products  more  transparent, 
essential  to  the  smooth  operation  of  the  markets,  notably the  free 
movement  of  goods  in  the  Community. 

Since the  principle  of  this Directive  is  still  very  useful  today,  the 
Commission  proposes that  it be  maintained. 

On  the  other  hand,  the  implementing  provisions  of  Directive 
76/491/EEC were set out in a Commission Decision (77/190/EEC), 
and  amended  several 
times  by  subsequent  Decisions  (Nos 
79/607/EEC  and  81/883/EEC). 

The  implementing  provisions  contain  a  number  of  tables  to  be 
filled  in,  some  of  which  could  be  eliminated,  as  the  information 
they  contain  is  no  longer  relevant.  The  Commission  should 
simplify  these  decisions.  The  group  of  experts  on  oil  prices  has 
agreed  with  the  Commission  to  simplify  the  data  required,  as  set 
out  in  an  Annex  to the  report. 

Legislative acts  which should be  maintained for  the time being. 

The  Commission  has  also  examined  the  three  other  legislative  texts 
mentioned  below. 

1. 

77/186/EEC: 

Council  Decision  of  14 February  1977  on.the  exporting  of  crude 
oil  and  petroleum  products  from  one Member  State  to  another  in 
the  event  of  supply  difficulties. 

This Decision  is based  on former  Article  103(4)  of the EC  Treaty 
and should allow, with the Commission's authorization,  principally: 

exports  to  another  Member  State  to  be  made  subject  to  a 
system  of  licences  to  be  granted  automatically  for  a 
minimum  period  of  15  working  days  and  a  maximum  of 
one month  (Article  1); 

the suspension  of the issue of all export licences to Member 
States for  10 working days, the shortening  of their  duration 
or  even  their  withdrawal  (Article  2). 

The  essential  ground  for  this  Decision  was  initially  (in  1977)  to 
restrict  or limit  oil trade  in the  event  of  excessive price  disparities 
between  Member  States,  which  would  have  led  to  uncontrolled 
flows. 

The  Decision  has  become  extremely  difficult 
to  implement, 
however,  owing  to  the  abolition  of  customs  formalities  and 
controls.  There  is  no  way  of  checking  that  petroleum  products 
crossing  a  "frontier"  have received  a licence,  except  by  setting  up 
an  ad  hoc  administrative  procedure. 

This  Decision  should  be  repealed  eventually,  but  Member  States' 
experts (in the ISAG) consider that owing to the strategic nature of 
oil supplies and the difficulties  that the Community  could face with 
external  supplies,  Decision  77/186  should  be  repealed  only  in  the 
context  of  a new  directive  on  crisis  measures. 

This  new  directive,  which  the  Commission  has  at  the  conception 
stage, will  propose  appropriate  measures to  protect  the  security  of 
Community  supplies  in  a crisis, while  complying  with  the rules of 
the  Treaty.  A  proposal  along  these  lines  will  be  made  as  soon  as 
possible. 

77/706/EEC: 

Council  Decision  of  7  November  1977  on  the  setting  of  a 
Community  target  for  a  reduction  in  the  consumption  of  primary 
sources of energy  in the event of difficulties  in the supply  of  crude 
oil  and  petroleum  products. 

This Decision  was  prepared  and  adopted  in  1977,  at  a time  when 
France  had  not  yet joined  the  International  Energy  Agency  (IEA) 
and  was  not  therefore  bound  to  abide  by  the  Agency's  rules,  in 
particular  the  obligation  to  reduce  oil  consumption  in  case  of 
supply difficulties  (Articles  13 and  14 of the IEP). Decision  77/706 
therefore  set  percentage  quotas  for 
reducing  consumption, 
harmonized  overall  with  the  IEA  provisions  and  applicable  to  all 
Member  States. 

In  addition,  there  was  a  concern  to  achieve  genuine  solidarity 
between the Member States. Decision 77/706 accordingly provided, 
in  a second phase (known  as C2), for  a possibility  for  additional 
and  differentiated  reductions  of  consumption  between  Member 
States, according to their ability to substitute other energy  sources 
(coal,  etc.) for  oil  in  power  stations. 

This idea - though  an interesting  one - was not applied  in  practice 
since the possibilities for  substituting petroleum  products in power 
stations very  quickly  became  almost  insignificant. 

Decision  77/706  is therefore  no longer  relevant,  except  as regards 
the  provision  allowing  the  coordination  of  national  measures  to 
restrict  consumption.  It  should  not  therefore  be  repealed  until  a 
new decision, organising reductions in consumption, to be made by 
the  Community  as  a  whole  in  the  framework  of  the  IEA 
mechanisms,  has been  adopted  and  implemented. 

3. 

75/339/EEC: 

Council  Directive  obliging 
minimum  stocks  of  fossil  fuel  at thermal  power  stations. 

the  Member  States  to  maintain 

Several Member States consider that this Directive no longer serves 
any  purpose.  Power  utilities  in  fact  keep  the  stocks  they  need  at 
power  stations,  regardless  of  the  Directive. 

The  Directive  is  nevertheless  a  useful  crisis  measure.  It  would 
therefore  be preferable  to assess its usefulness  and decide to repeal 
it,  if  appropriate,  in  the broader  context  of the  examination  of the 
new  crisis  measures  adapted  to the  internal  market. 

C. 

Summary  of  conclusions 

In  summary,  after  examining  both  fields  -  rational  use  of  energy  and  oil  -  the 
Commission  would  propose that  the  Council: 

a. 

repeal  the following  acts: 

on  the  rational  use  of  energy: 

1. Council  recommendation  76/492/EEC; 

2.  Council  recommendation  76/493/EEC; 

3.  Council  recommendation  77/712/EEC; 

4.  Council  recommendation  79/167/ECSC,  EEC,  Euratom; 

5.  Council  recommendation  76/496/EEC; 

-v.:.-

on oil: 

1.  Council  Regulation  (EEC) No  1038/79; 

2.  Regulation  (EEC) No  1055/72  of the Council; 

3.  Council  Regulation  (EEC)  No  3254/74; 

4.  Regulation  (EEC) No  388/75  of the  Council. 

b. 

to  maintain  Council  Directive  76/491/EEC,  subject  to  the  necessary 
amendments to the Commission  implementing Decision  (77/190/EEC),  as 
set  out  in the  annex  to the  report. 

c. 

to  maintain: 

regarding  rational  use  of  energy: 

1. Council  Recommendation  77/713/EEC; 

2.  Council  Directive  78/170/EEC; 

d. 

to  maintain  for  the time  being 

regarding  oil: 

1. Council  Decision  77/186/EEC; 

2.  Council  Decision  77/706/EEC; 

3.  Council  Directive  75/339/EEC. 

If it is decided  to repeal  the measures as proposed  above, the Commission,  for  its 
part,  will  have  to  repeal  the  following  acts: 

regarding  the  rational  use  of  energy: 

1. 

2. 

Commission  recommendation  88/285/EEC; 

Commission  recommendation  80/823/EEC. 

regarding  oil: 

1. 

2. 

3. 

Regulation  (EEC)  No  1068/73  of the  Commission; 

Regulation  (EEC)  No  2677/75  of  the  Commission; 

Regulation  (EEC)  No  2678/75  of  the  Commission. 

10 

D. 

Additional  declaration  by the Commission 

Although  resolutions  are  not  legislative  acts  and  cannot  therefore  be  repealed,  the 
Commission thought fit to express its view on the usefulness of each of the resolutions 
that the Council  presidency  had submitted to the Commission for review and possible 
repeal. 

The Commission feels that the following resolutions, already incorporated into a binding 
legislative act, namely the SAVE Directive, are no longer of use. There is therefore no 
longer  any  need  to  continue  publishing  them  or  make  reference  to  them  in  future 
legislative acts: 

1. 

2. 

Council Resolution of  17 December  1974 on a Community action programme on 
the rational  utilization  of energy; 

Council resolution of  15 March  1985 on the rational use of energy in the building 
sector. 

The position  of the following  resolution  on the other hand is a little different,  since its 
annex  contains  useful  reference  information,  such  as  recommended  measures  for 
encouraging energy  savings in agriculture, commerce, transport, etc.: 

3. 

Council  resolution  of  9  June  1980  concerning  new  lines  of  action  by  the 
Community  in the field  of energy saving. 

The Commission  would therefore  prefer  that this resolution be maintained. 

11 

£r'*•'• '!?:'-'• •£•£*ra'<''•:  :'••» .' v;. • L%• •:. :; :.'- •:i 

'•^^Xi^^f^-^và 

ANNEX on  t^ 

Decision 77/)30/EEC. irjf Directive 76/491/EEC concerningim^§r^^W 

information and consultation procedure for oil prices 

^-

Application Decision 77/190/EEC and its subsequent amendments could be simplified  by 
eliminating  certain  tables which  are no longer useful,  namely tables  1 and  3  annexed  to 
the implementing  Decision: 

table  1: 

- 

crude  oil  prices - import prices FOB 

Many  countries no longer  have this information  and  it is no longer  of  interest  in 
the  present  context. 

crude  oil  prices -  import  prices  CIF 

Countries send this information  every month as part of the crude oil records.  The 
quarterly  information  can  therefore  be  eliminated; 

table  3 : 

- 

prices  of imported  petroleum  products. 

The  information  sent  by  the  Member  States  is  not  uniform  and  is  not  very 
representative  in  certain  cases. 

On the other hand, we feel  that tables 2 and 5 must be retained,  so as to be able to  follow 
the trend  of the margin  at the refinery  stage, which is very useful  information  also given 
in the  document  on  refining: 

table 2: 

- 

crude oil  supply  cost (CIF) (imports  and  local  production). 

This  table  gives  a  global  figure  for  all  supplies  in  tonnes  and  barrels  and  the 
relevant CIF  price. This information  is not available from  the  Statistical  Office  or 
other  bodies; 

table  5: 

- 

inland  market  net  sales  proceeds  and  ex-refinery  netback 
including  distribution  costs. 

The  information  sent  by  the  Member  States  corresponds  to  the  accounting  data 
sent  by  the  oil  companies  on  à  basis  clearly  defined 
in  the  Directive's 
implementing  decision.  Moreover,  in  many  Member  States,  the  companies  are 
bound  to  send  this  information  to the Ministries  concerned. 

Table 4  should  also  be  retained  as it  provides  for  the  monthly  notification  of  consumer 
prices: 

table  4: 

- 

consumer  prices  of  petroleum  products  on  the  15th  of  the 
month  (including taxes). 

12 

This information  is notified  on a monthly basis and published in thé oil bulletin^ 
In view of the interest of the information  to the Commission and the Ministries^ 
and professional  organisations, which enables monitoring of trends in consumer, 
prices on various markets, the table should be retained. 

13 

COMMUNICATION 

FROM 

THE 

COMMISSION 

CONCERNING  THE  REPEAL  OF SEVERAL  COMMUNITY  LEGISLATIVE  TEXTS 

IN  THE  FIELD  OF ENERGY  POLICY 

As a follow-up to the conclusions  reached in the Commission's  report on the  Review 
of  Community  Energy  legislation  on  energy  the  Commission  proposes  that  the 
following  acts  be  repealed : 

Regulation 388/75/EEC  on notifying the Commission of export  of crude 
oil and  natural gas to third  countries 

Regulation  1055/72/EEC  on  notifying  the  Commission  of  imports  of 
crude  oil  and  natural  gas  and  Regulation  3254/74/EEC  applying 
Regulation  1055/72/EEC 

Regulation  1038/79/EEC  on  Community  support  for  a  hydrocarbon 
exploration  project  in  Greenland 

Recommendation  76/492/EEC  on  the  rational  use  of  energy  by 
promoting  the thermal  insulation  of  buildings 

Recommendation  76/493/EEC  on  the  rational  use  of  energy  in  the 
heating  systems  of  existing  buildings 

Recommendation  77/712/EEC  on the  regulating  of  space  heating,  the 
production  of  domestic  hot  water  and  the  metering  of  heat  in  new 
buildings 

Recommendation  79/167/ECSC,  EEC,  Euratom  on  the  reduction  of 
energy  requirements  for  buildings  in the  Community 

Recommendation 76/496/EEC on the rational use of energy for electrical 
household  appliances 

The  legislative  proposals  necessary  for  repealing  these  acts  are  annexed  to  the 
Communication. 

It is proposed that the Council adopts these proposals as appropriate, according to the 
relevant procedures  laid down by the Treaties, following receipt of the opinions of the 
European  Parliament  and the  Economic  and  Social  Committee. 

•14 

COUNCBL 

repealing Regulation No 388/75/EEC ^^ 
on notifying  the Commission of exports of 
crude oil and natural gas to third countries 

. 

: 

The  Council  of the European  Union, 

^ 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular 
Articles  5 and  213  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, 

Whereas  Regulation  No  388/75/EEC  was  adopted  at  a  time  when  the  structure  of  the 
market was very different  from  today's, being based mainly on long-term crude-oil  supply 
contracts,  now  replaced  by  "spot"  contracts; 

Whereas  the  six-monthly  and  annual  notifications  are  no  longer  requested  for  all  crude 
oil  and  natural  gas; 

Whereas more detailed monthly information  on crude oil and natural gas is now obtained 
via  the  Statistical  Office  of  the  European  Communities,  notably  on  the  basis  of  the 
available  customs  data; 

Whereas Regulation  388/75/EEC was designed to give the Commission  access to reliable 
information  as required  to  define  a prudent  Community  oil  supply  policy; 

Whereas the required information  currently covers only a part of crude oil and natural gas 
exports; 

Whereas  the  application  of  Regulation  388/75/EEC  was  suspended  in  1981; whereas  it 
has  never  proved  necessary  to reactivate  it; 

Whereas  there  is therefore  no need  to maintain  it,  since it  is  no  longer  relevant, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Regulation  388/75/EEC  is hereby  repealed. 

W 

Article^ 

•; 

This Regulation 

Done  at Brussels, 

For the Council 
The President 

C 

COUNCIL REGULATION 
of 

QS JoziS  (eras} 

repealing Regulation No 1055/72 (EEC) 
on notifying  the Commission of 
imports of crude oil and natural gas 

The  Council  of the  European  Union, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in 
particular  Articles  5 and 213  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, 

Whereas  Regulation  No  1055/72/EEC  was adopted at a time when the structure 
of  the  market  was  very  different  from  today's,  being  based  mainly  on long-term 
crude-oil  supply  contracts,  now  replaced  by "spot" contracts; 

Whereas the six-monthly  and annual notifications  are no longer  requested for all 
crude  oil and  natural gas; 

Whereas  more  detailed  monthly  information  on crude oil and  natural gas is now 
obtained  via  the  Statistical  Office  of the  European  Communities,  notably  on the 
basis  of the  available  customs  data; 

Whereas  Regulation  1055/72/EEC was designed to give the Commission access 
to reliable information as required to define a prudent Community oil supply policy; 

Whereas  the  required  information  currently  covers  only  a  part  of  crude  oil and 
natural  gas  exports; 

Whereas  the  application  of  Regulation  1055/72/EEC  was  suspended  in 1981; 
whereas  it has  never  seemed  necessary  to  reactivate  it; 

Whereas  there  is  therefore  no  need  to  maintain  the  Regulation,  since  it  is no 
longer  relevant, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

Regulation  1055/72/EEC  is hereby  repealed. 

As a consequence, C b^ 
repealed.  • ,:> -:c4^S^g®^IS®A5^!^S;"?.;'-^-%ë:'•'; 

implementing act; is also herebyjg 

'^'V.-:': ":-•--•r.:  :'•':'•":'..':• •  '¥[-:'f-:':<"';ft 

Article 3 

4^4^t4:4y-:^-!^f'\^': 

"'.•-•""'•'>'.•.•!• 

•'•"'.•'.: ••;;-.:  ••.•.-;>/•'" 

This Regulation is addressed to the Member  States. 

2 

Done at Brussels, 

For the Council 
The President 

-v£ 

•  '••,•  «.• 

-  •  •""  v. 

COUNCIL REGULATION 
of 

;  > 

^ S ]c ^ i & f c i v . )' 

repealing Regulation No  1038/79/EEC 
on Community support for a 
hydrocarbon exploration  project in Greenland 

The  Council  of  the  European  Union, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and  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, 

Whereas Regulation  No  1038/79/EEC was adopted to implement a specific  hydrocarbon 
exploration  project  in  Greenland; 

Whereas the  project  was  completed  in  the time  planned; 

Whereas,  in  view  of  the  results  obtained  on  completion  of  the  project,  it  was  not 
exploited  commercially; 

Whereas there is therefore  no need to maintain a legislative act which is no longer  useful, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

. 

, 

Regulation  1038/79/EEC  is  hereby  repealed. 

Article  2 

This Regulation  is  addressed  to the Member  States. 

Done  at  Brussels, 

v 

For the Council 
The  President 

-13 

COUNCIL DECISION 
of 

repealing  recommendation  76/492/EEC 
on the rational  use of energy by promoting 
the thermal  insulation  of buildings 

The  Council  of the  European  Union, 

Having  regard to the Treaty  establishing  the  European  Community, 

Having  regard to the  proposal from  the  Commission, 

Whereas recommendation 76/492/EEC was adopted to implement the organization 
of  public  information  campaigns,  so  as  to  publicize  the  most  suitable  means  of 
improving the  insulation  of dwellings  and adopt  harmonised reference  standards 
for thermal  insulation  at  Community  level; 

Whereas  the field  covered  by  the  recommendation  has  again  been  covered  by 
Council  Directive  93/76/EEC  of  13  September  1993  to  limit  carbon  dioxide 
emissions  by  improving  energy  efficiency;1 

Whereas  recommendation  76/492/EEC  has  been  overtaken  by  the  Community 
legislative  process  and therefore  no  longer  serves  any  useful  purpose, 

HAS ADOPTED  THIS  DECISION: 

Article 1 

Recommendation  76/492/EEC  is hereby  repealed.  * 

Done at  Brussels, 

For the  Council 
The  President 

O J L 2 3 7,  22.9.1993, p. 28. 

?o 

COUNCIL DECISION 
of 

repealing recommendation  76/493/EEC 
on the rational  use of energy in the 
heating systems of existing buildings 

The  Council  of the  European Union, 

Having  regard to the Treaty  establishing the  European Community, 

Having  regard to the  proposal from  the Commission, 

Whereas  recommendation  76/493/EEC  was  adopted to vary heat and hot-water 
consumption  in buildings  occupied  part time or as dwellings; 

Whereas  the field  covered  by  the  recommendation  has again been covered by 
Council  Directive  93/76/EEC  of  13  September  1993  to  limit  carbon  dioxide 
emissions  by improving  energy  efficiency;1 

Whereas  recommendation  76/493/EEC  has  been  overtaken  by the  Community 
legislative  process  and therefore  no  longer  serves  any  useful purpose, 

HAS ADOPTED  THIS  DECISION: 

Article 1 

Recommendation  76/493/EEC  is hereby  repealed. 

Done  at  Brussels, 

For the  Council 
The  President 

1 

OJ  L  237, 22.9.1993, p.  28. 

^ 

' 

COUNCIL DECISION 
of 

repealing  recommendation 77/712/EEC 
on the regulating  of space heating, 
the production  of domestic  hot water and 
the metering  of heat in new buildings 

The  Council  of the  European  Union, 

Having  regard to the Treaty  establishing  the  European  Community, 

Having  regard to the  proposal from  the  Commission, 

Whereas recommendation 77/712/EEC was adopted to promote the variation and 
monitoring of heat consumption  in buildings, and of temperatures while  premises 
are occupied  or  unoccupied with  a view  to  making  sufficient  energy  savings; 

Whereas  the  field  covered  by  the  recommendation  has  again  been  covered  by 
Council  Directive  93/76/EEC  of  13  September  1993  to  limit  carbon  dioxide 
emissions  by  improving  energy  efficiency;1 

Whereas  recommendation  77/712/EEC  has  been  overtaken  by  the  Community 
legislative  process  and therefore  no  longer  serves  any  useful  purpose, 

HAS ADOPTED  THIS  DECISION: 

Article 1 

Recommendation  77/712/EEC  is hereby  repealed. 

Done  at  Brussels, 

For the  Council 
The  President 

OJ L  237, 22.9.1993,  p. 28. 

Ï 
? 
<•••  C 

COUNCIL DECISION 
of 

B i J o Z I ^ C c i J S^ 

repealing  recommendation  79/167/ECSC, EEC, Euratom 
on the reduction  of energy  requirements  for 
buildings in the Community 

The  Council  of the  European  Union, 

Having  regard to the Treaty  establishing  the  European  Community, 

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, 

Whereas recommendation 79/167/ECSC, EEC, Euratom was adopted to propose 
investment  programmes  up  to  1985  aimed  at  reducing  energy  demand  by 
improving  thermal  insulation  in  buildings,  reducing  superfluous  ventilation  and 
improving  the  efficiency  of  heating  and cooling  systems; 

Whereas  the  field  covered  by  the  recommendation  has  again  been  covered  by 
Council  Directive  93/76/EEC  of  13  September  1993  to  limit  carbon  dioxide 
emissions  by  improving  energy  efficiency;1 

Whereas  recommendation  79/167/ECSC,  EEC,  Euratom  has been overtaken  by 
the  Community  legislative  process  and  therefore  no  longer  serves  any  useful 
purpose; 

Whereas  the  period  of  application  of  the  recommendation  (1979-85)  has  now 
expired, 

HAS ADOPTED  THIS  DECISION: 

Article 1 

Recommendation  79/167/ECSC,  EEC,  Euratom  is hereby  repealed. 

Done  at  Brussels, 

For the  Council 
The  President 

O JL  237, 22.9.1993, p. 28. 

? ^  2 

COUNCIL DECISION 
•  of  -' 

repealing  recommendation 76/496/EEC 
on the rational  use of energy for 
electrical  household  appliances 

The  Council  of the European  Union, 

Having  regard  to  the  Treaty  establishing  the European  Community, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas recommendation  76/496/EEC  was adopted to  propose  all  appropriate  measures 
to inform  purchasers of the energy  consumption  of each appliance by  means of labelling 
and  national  information  campaigns; 

Whereas  the  field  covered  by  the  recommendation  has  again  been  covered  by  Council 
Directive  92/75/EEC  of  22  September  1992 on the  indication  by  labelling  and  standard 
product  information  of  the  consumption  of  energy  and  other  resources  by  household 
appliances;1 

Whereas recommendation  76/496/EEC has been overtaken  by the Community  legislative 
process  and  therefore  no  longer  serves  any  useful  purpose, 

HAS  ADOPTED  THIS  DECISION: 

Article  1 

Recommendation  76/496/EEC  is  hereby  repealed. 

Done  at Brussels, 

For  the  Council 
The  President 

O JL  297,  13.10.1992,  p.  16. 

^4 

ISSN 0254-1475 

COM(95) 391  final 

DOCUMENTS 

EN 

12  11 

Catalogue number  : CB-CO-95-435-EN-C 

ISBN 92-77-92767'-4 

Office  for Officiai Publications of the European Communities 

L-2985 Luxembourg 

es