COMMON POSITION (EC) No 48/96 adopted by the Council on 8 July 1996 with a view to adopting Council Decision No .../96/EC concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE II
Date: 1996-07-08
Institutions: Council of the European Union
Subjects: EU programme, action programme, energy consumption, energy policy, production improvement, productivity













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51996AG0911(08)

COMMON POSITION (EC) No 48/96 adopted by the Council on 8 July 1996 with a view to adopting Council Decision No .../96/EC concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE II  


Official Journal C 264 , 11/09/1996 P. 0046 





COMMON POSITION (EC) No 48/96  adopted by the Council on 8 July 1996 with a view to adopting Council Decision No . . ./96/EC  concerning a multi-annual programme for the promotion of energy efficiency in the Community - SAVE  II (96/C 264/08) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 130s  (1) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with the procedure laid down in Article 189c of the Treaty (4), (1) Whereas Article 130r of the Treaty states that one objective of the Community policy on the  environment shall be to ensure a prudent and rational utilization of natural resources; (2) Whereas at its meeting on 29 October 1990 the Council set an objective of stabilizing total CO2  emissions by the year 2000 at the 1990 level in the Community as a whole; (3) Whereas Decision 93/389/EEC (5) established a monitoring mechanism of Community CO2 and other  greenhouse gas emissions; (4) Whereas nonetheless, despite efforts made, CO2 emissions in the Community generated by energy  consumption are expected to increase by 5 to 8 % between 1995 and 2000, assuming normal economical  growth; whereas, therefore, additional measures are indispensable; (5) Whereas the Commission, in its communication of 8 February 1990 on energy and the environment,  highlighted energy efficiency as the cornerstone of future efforts to reduce the negative impact of  energy on the environment; (6) Whereas the improvement in the management of energy is urgently needed in order to contribute  to the protection of the environment, to a better security of energy supply and to sustainable  development; (7) Whereas the Commission has communicated to the Council and the European Parliament, by means of  the Green Paper of 11 January 1995 and the White Paper of 13 December 1995, its views on the future  of energy policy in the Community, and the role of energy-saving and energy efficiency measures; (8) Whereas Article 130a of the Treaty provides that the Community should develop and pursue its  actions leading to the strengthening of its economic and social cohesion, and that it should, in  particular, reduce disparities between the levels of development of the various regions and the  backwardness of the least-favoured regions; whereas energy should be integrated into that effort; (9) Whereas, by Decision 91/565/EEC (6), a Community energy efficiency programme (SAVE), aimed at  strengthening energy efficiency infrastructures within the Community, was adopted; whereas that  programme expired on 31 December 1995; (10) Whereas the Community recognized the SAVE programme as an important element of the Community's  CO7 reduction strategy; whereas the communication of the Commission of 8 May 1991 on the European  Community's energy programming activities at regional level, the conclusion of the Council on this  communication, and the Resolution of the European Parliament of 16 July 1993 (7) stated that those  activities should be pursued, amplified and utilized as a support for the energy strategy of the  Community; whereas this initiative for regional actions should now be totally incorporated into a  new SAVE II programme; (11) Whereas by Decision No 1110/94/EC of the European Parliament and of the Council (8), a fourth  framework programme for actions in technological research, development and demonstration was  established; whereas energy efficiency policy constitutes an important instrument for the use and  promotion of the new energy technologies that the framework programme will establish; whereas the  SAVE II programme represents a policy instrument which complements this programme; (12) Whereas the SAVE II programme aims at improving energy intensity of final consumption by a  further one percentage point per annum over that which would have been otherwise attained; (13) Whereas at its meeting on 15 and 16 December 1994 the Council stated that the target of  stabilizing CO2 emissions can only be achieved by a coordinated package of measures to improve  energy efficiency and the rational use of energy which are based on supply and demand at all levels  of energy production, conversion, transport and consumption and to exploit renewable energies, and  that local energy management programmes are amongst these measures; (14) Whereas in its opinion on the Commission's Green Paper on energy policy (1), the European  Parliament called for the formulation of objectives and a common programme for energy efficiency  and savings compatible with the objectives concerning the emissions of greenhouse gases as agreed  in Rio de Janeiro (1992) and Berlin (1995), called for a SAVE II programme and requested that the  Commission clarify the role which it intends to play in energy savings and efficiency by creating  practical projects; (15) Whereas improved energy efficiency will have a positive impact on both the environment and the  security of energy supplies which are global in nature; whereas a high level of international  cooperation is needed to produce the most positive results; (16) Whereas all the elements of the Community action programme for improving the efficiency of  electricity use set out in Decision 89/364/EEC (2) should be incorporated into the SAVE II  programme; whereas therefore that Decision should be repealed; (17) Whereas between 180 and 200 MT of CO2 emissions could be avoided by the year 2000 by an  improvement of 5 % in the energy intensity of final demand additional to the conventional  expectations; (18) Whereas the SAVE II programme is an important and necessary instrument for promoting increased  energy efficiency; (19) Whereas in order to prevent duplication and to achieve synergy, care should be taken in  implementing the programme to ensure close cooperation with other Community programmes linked  directly with energy efficiency promotion; (20) Whereas it is politically and economically desirable to open the SAVE II programme to the  associated central and eastern European countries in accordance with the conclusions of the  European Council meeting in Copenhagen in June 1994 and as outlined in the Commission communication  to the Council on the subject in May 1994, and to the associated Mediterranean countries Cyprus and  Malta; (21) Whereas, in order to ensure that Community aid is used efficiently, the Commission shall  ensure that projects are subject to thorough prior appraisal and shall systematically monitor and  evaluate the progress and results of supported projects; (22) Whereas a financial reference amount within the meaning of point 2 of the Declaration by the  European Parliament, the Council and the Commission of 6 March 1995 (3), is included in this  decision for the entire duration of the programme, without thereby affecting the powers of the  budgetary authority as they are defined by the Treaty; (23) Whereas, before the end of 1997, the financial reference amount for the remaining period of  the programme should be reviewed, on the basis of a study carried out by the Commission on the  coordination of all the relevant programmes in the energy sector; HAS ADOPTED THIS DECISION: Article 1 1. The Community shall support a five-year programme for the preparation and implementation of  measures and actions in a cost-effective manner in order to promote energy efficiency within the  Community. The general overall objectives of this programme are: (a) to stimulate energy efficiency measures in all sectors; (b) to encourage investments in energy conservation by private and public consumers and by  industry; (c) to create the conditions for improving the energy intensity of final consumption. 2. Community financing will be given under the 'SAVE II programme to promote energy efficiency in  the Community` hereafter referred to as 'the programme`, for actions which fall within the  objectives of this Decision. Article 2 Under the programme, the following categories of actions and measures on energy efficiency shall be  financed: (a) studies and other related actions aimed at the implementation and completion of Community  measures (such as voluntary agreements, mandates to standardization bodies, cooperative  procurements and legislation) taken to improve energy efficiency, studies concerning the effects of  energy pricing on energy efficiency, and studies with a view to establishing energy efficiency as a  criterion within Community programmes; (b) sectoral targeted pilot actions aimed at accelerating energy efficiency investment and/or  improving energy use patterns, to be carried out by organizations or public and private enterprises  as well as by existing Community-wide networks or temporary groupings of organizations and/or  enterprises formed to accomplish the projects; (c) measures proposed by the Commission to foster the exchange of experience aimed at promoting  better coordination between international, Community, national, regional and local activities by  appropriate means for information dissemination; (d) measures as under (c) but proposed otherwise than by the Commission; (e) monitoring of energy-efficiency progress in the Community and in individual Member States and  ongoing evaluation and monitoring of the actions and measures undertaken under the programme; (f) specific actions in favour of energy management at regional and urban level and in favour of  greater cohesion between Member States and regions in the field of energy efficiency. Article 3 1. All the costs relating to the actions and measures referred to in Article 2 (a), (c) and (e)  shall be borne by the general budget of the European Communities. 2. The level of funding for the actions and measures referred to in Article 2 (b), (d) and (f)  shall be set at a maximum of 50 % of their total cost. 3. The balance of the funding of the actions and measures referred to in Article 2 (b), (d) and (f)  may be made up from either public or private sources or from a combination of the two. Article 4 1. The financial reference amount for the implementation of this programme shall be ECU 45 million.  The annual appropriations shall be authorized by the budgetary authority within the limits of the  financial perspectives. 2. Before the end of 1997, the Council, in accordance with the relevant provisions of the Treaty,  shall review the financial reference amount for the remaining period of the programme, on the basis  of a communication and, if appropriate, proposals from the Commission taking into account all the  relevant programmes in the energy sector. Article 5 1. The Commission will be responsible for the financial execution and implementation of the  programme. The Commission will also ensure that actions under this programme are subject to prior  appraisal, monitoring and subsequent evaluation, which, on completion of the project, shall include  assessment of impact, implementation and whether their original objectives have been achieved. 2. The selected beneficiaries shall submit a report to the Commission on a six-month basis and on  completion. 3. The conditions and guidelines to be applied for the support of all actions and measures referred  to in Article 2 shall be defined each year taking into account: - the cost-effectiveness criteria, the savings potential and environmental impact, in particular  the reduction of CO2 emissions, - the list of priorities referred to in Article 7, - the cohesion of Member States in the field of energy efficiency. The Committee referred to in Article 6 (2) will assist the Commission in defining these conditions  and guidelines. Article 6 1. In cases where the amount involved does not exceed ECU 100 000, the following shall apply: The Commission shall be assisted by a Committee of an advisory nature composed of the  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 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 cases where the amount involved exceeds ECU 100 000, the following shall apply: The Commission shall be assisted by a Committee composed of the 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 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 representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. The Commission shall adopt measures which shall apply immediately. However, if 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, - the Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the previous indent. Article 7 The Commission shall formulate, on an annual basis, a list of priorities for funding under the  programme. This list shall take into account the complementarity between the SAVE II programme and  the national programmes on the basis of annual information in a summary form supplied by each  Member State. A priority shall be given to those areas where such complementarity is greatest. The Committee referred to in Article 6 (2) will assist the Commission in defining the list of  priorities. Article 8 1. After every year of the programme, the Commission shall present to the European Parliament and  to the Council a progress report together with proposals concerning modifications of guidelines,  defined according to Article 5 (3), which could be necessary in the light of the results of the  previous year. 2. After the third year of the programme, the Commission shall present a report to the European  Parliament and to the Council on the energy efficiency measures undertaken at Community and Member  State level and on the results achieved, with particular reference to the objectives outlined under  Article 1. The report shall be accompanied by proposals for any amendments which may be necessary  to the programme in the light of these results. 3. On expiry of the programme, the Commission shall make an overall assessment of the results  obtained through the application of this Decision, and of the consistency of national and Community  actions. It shall present a report thereon to the European Parliament, the Council, the Economic  and Social Committee and the Committee of the Regions, stating, in particular, how far the  objective outlined under Article 1 has been achieved. Article 9 Decision 89/364/EEC is hereby repealed. Article 10 The programme shall be open to the participation of associated central and eastern European  countries in accordance with the conditions, including financial arrangements, agreed to in the  Additional Protocols to the Association Agreements, concerning participation in Community  programmes. This programme shall be open to the participation of Cyprus and Malta on the basis of  additional appropriations in accordance with the same rules as apply to the EFTA countries  following procedures to be agreed with the countries in question. Article 11 This Decision shall apply from 1 January 1996 to 31 December 2000. Article 12 This Decision is addressed to the Member States. Done at Brussels, . . . For the Council The President (1) OJ No C 346, 23. 12. 1995, p. 14. (2) OJ No C 82, 19. 3. 1996, p. 13. (3) OJ No C 129, 2. 5. 1996, p. 36. (4) Opinion of the European Parliament of 16 April 1996 (OJ No C . . .), Council common position of  8 July 1996 (not yet published in the Official Journal) and Decision of the European Parliament of  . . . (not yet published in the Official Journal). (5) OJ No L 167, 9. 7. 1993, p. 31. (6) OJ No L 307, 8. 11. 1991, p. 34. (7) OJ No C 255, 20. 9. 1993, p. 252. (8) OJ No L 126, 18. 5. 1994, p. 1. (1) OJ No C 287, 30. 10. 1995, p. 34. (2) OJ No L 157, 9. 6. 1989, p. 32-34. (3) OJ No C 293, 8. 11. 1995, p. 4. STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION 1. On 7 November 1995 the Commission  sent the Council a proposal, based on Article 130s (1) of the EC Treaty, for a Council Decision  concerning a multi-annual programme for the promotion of energy sufficiency in the Community - SAVE  II. 2. The European Parliament delivered its opinion at first reading on 16 April 1996. The Committee  of the Regions and the Economic and Social Committee delivered their opinions on 18 and 20 December  1995 respectively. On 6 May 1996 the Commission submitted an amended proposal to the Council. 3. At its meeting on 8 July 1996, the Council adopted its common position pursuant to Article 189c  of the Treaty. II. OBJECTIVES 4. The purpose of the proposal for a Decision is to continue and extend the  activities of the SAVE programme which expired on 31 December 1995. It forms part of efforts to  improve energy efficiency and stabilize CO2 emissions. III. ANALYSIS OF THE COMMON POSITION 5. The Council reached agreement on the text of the common  position, bearing in mind the importance of continuing with the programme, but also existing  budgetary constraints. In this connection, it inserted a new Article 4, together with two recitals, so that the SAVE II  programme could go ahead, but providing for a review of the situation in two years time, bearing in  mind all the relevant energy-sector programmes. 6. The Council adopted most of the amendments requested by the European Parliament and taken up by  the Commission in its amended proposal. It adopted, verbatim or in substance, Amendments 1, 2, 3, 6, 7, 8, 11, 12, 14, 19, 28, 32 and 33. 7. The Council did not, on the other hand, take over the following amendments which the Commission  had included in its amended proposal: - Amendment 13: the Council deleted this recital on the grounds that its subject matter was already  covered in the preceding recital, - Amendments 15, 22 and 34: the Council rearranged the text of Article 2, bringing certain points  together in one paragraph. In this connection, it did not adopt Amendment 22 or Amendments 15 and  34 concerning a detailed Annex. 8. The Council followed the amended Commission proposal by not adopting Amendments 4, 5, 9, 10, 16,  17, 18, 20, 21, 23, 24, 25, 26, 27, 29, 30, 31 and 35. With regard to Amendment 29, the Council felt the nature of the Committee should differ according  to the sums involved.