Amended proposal for a Council Decision adopting a multiannual programme of technological actions promoting the clean and efficient use of solid fuels - (1998-2002)
Date: 1998-10-20
Institutions: European Commission
Subjects: action programme, coal, energy policy, international cooperation, technical cooperation

COMMISSION  OF THE EUROPEAN  COMMUNITIES 
COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 20.10.1998 
Brussels, 20.10.1998 
COM(1998) 607 final 
COM(1998) 607 final 

97/0302 (CNS) 
97/0302 (CNS) 
98/0233 (CNS) 
98/0233 (CNS) 
97/0369 (CNS) 
97/0369 (CNS) 
97/0372 (CNS) 
97/0372 (CNS) 
98/0234 (CNS) 
98/0234 (CNS) 

Amended proposal for a 
Amended proposal for a 

COUNCIL  DECISION 
COUNCIL  DECISION 

adopting a multiannual framework  programme for  actions 
adopting a multiannual framework  programme for  actions 

in the energy sector 
in the energy sector 

(1998-2002) 
(1998-2002) 

and 
and 

CONNECTED  MEASURES 
CONNECTED  MEASURES 

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

Explanatory  Memorandum 

The  Commission  presented  on  18 November  1997  a proposal  for  a  Council  Decision 
adopting  a  multiannual  framework  programme  for  actions  in  the  energy  sector 
(1998-2002)  and  connected  measures  (COM(97)550 final).  On  15 July  1998  the 
Commission  presented  a  complementary  proposal  on 
specific  aspects 
(COM(98)423 final). 

two 

The European Parliament  delivered on 8 October  1998 its opinion on the draft  decision 
based on Article 235 CE and 203 EURATOM. 

The  European Parliament's  main  considerations  coincide  with 
Commission. 

those  of 

the 

The majority  of the  amendments  adopted  reinforce  et  and  clarify  the  initial  proposals, 
in particular  with  respect  to  the  key  objectives  of improving  coherence,  co-ordination 
and transparency  of actions undertaken  in the energy sector.  Therefore  they have been 
accepted by the Commission. 

The  Commission  hereby  presents  the  attached  modified  proposals  which  take  into 
consideration most of the amendments adopted by the Parliament. 

3L 

Amended proposal for a 

COUNCIL DECISION 

adopting a 

MULTIANNUAL FRAMEWORK PROGRAMME FOR 

ACTIONS IN THE ENERGY SECTOR 

(1998-2002) 

^ 

AMENDED PROPOSAL FOR A COUNCIL DECISION 

97/0302 (CNS) 

ADOPTING A MULTIANNUAL FRAMEWORK PROGRAMME FOR ACTIONS 
IN THE ENERGY SECTOR (1998-2002) 

ORIGINAL TEXT 

AMENDED TEXT 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

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

in 

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

in 

Having  regard  to  the  proposal  from  the 
Commission,1 

Having  regard  to  the  proposal  from  the 
Commission,1 

Having  regard 
European Parliament,2 

to 

the  opinion  of  the 

Having  regard 
Economic and Social Committee,3 

to 

the  opinion  of  the 

Having  regard 
Committee of the Regions,4 

to 

the  opinion  of  the 

Having  regard 
European Parliament,2 

to 

the  opinion  of  the 

Having  regard 
Economic and Social Committee,3 

to 

the  opinion  of  the 

Having  regard 
Committee of the Regions,4 

to 

the  opinion  of  the 

Whereas the  Commission  communicated  its 
views  on  the  future  of  Community  energy 
policy to the Council in its White Paper "An 
energy policy for  the European Union" of 
13 December 1995 ;5 

Whereas the  Commission  communicated  its 
views  on  the  future  of  Community  energy 
policy to the Council in its White Paper "An 
energy policy for  the European Union " of 
13 December 1995;5 

COM(95)682, 13.12.1995. 

</ 

Whereas  the Commission  communicated  to 
the Council in its White Paper of....  1997 its 
views on the implementation  and  monitoring 
of a Community strategy  and  action plan for 
renewable  energy  sources  to the year 2010 
with the aid of new technologies;6 

Whereas  the Commission  communicated  to 
the Council in its White Paper of....  1997 its 
views on the implementation  and monitoring 
of a Community  strategy and action  plan for 
renewable  energy  sources  to the year 2010 
with the aid of new technologies;6 

Whereas  the Council  adopted  the SAVE II 
programme on 16 December  19967 to boost 
energy 
the 
Community  with  a  view  to  reducing  CO2 
emissions; 

initiatives 

efficiency 

in 

Whereas  the Council  adopted  the SAVE II 
programme on 16 December  19967 to boost 
energy 
the 
Community  with  a  view  to  reducing  CO2 
emissions; 

initiatives 

efficiency 

in 

the 

the  fourth 

field  of 
development 

Whereas  the  Council  and  the  European 
Parliament  adopted  a  decision  on 26 April 
1994  concerning 
framework 
programme  of  European  Community 
research, 
in 
activities 
technological 
and 
demonstration  (1994-1998)8  and a  decision 
of  the  same  date  concerning  a  framework 
programme  of  Community  activities  in the 
field  of  research  and  training  for  the 
European  Atomic  Energy  Community;9 
whereas the Commission adopted a proposal 
on  the  5th  framework  programme  of 
research  and technological  development  on 
30 April  1997;io 

the 

field 

the  fourth 

of 
development 

Whereas  the  Council  and  the  European 
Parliament  adopted  a  decision  on 26 April 
1994  concerning 
framework 
programme  of  European  Community 
research, 
in 
activities 
technological 
and 
demonstration  (1994-1998)8  and a  decision 
of  the  same  date  concerning  a  framework 
programme  of  Community  activities  in the 
field  of  research  and  training  for  the 
European  Atomic  Energy  Community;9 
whereas the Commission  adopted a proposal 
on 
the  5th  framework  programme  of 
research  and technological  development  on 
30 April  1997;10 

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

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

6  COM(97) 

7  Decision 737/96/EC, OJ No L 335, 24.12,1996 

8  Council and Parliament Decision  1110/94/EC. OJ No L 115. 6.5.1994.. page 31 

9  Council Decision 268/94 (Euratom). OJ No LI 15, 6.5.1994. page 31. 

10  COM(97) 142 final 

11  COM(97) 196 final 

^ 

Whereas  the  use  of  cleaner  technologies 
the 
contributes 
Community 
combat 
acidification;12 

the  objectives  of 

strategy 

to 

to 

Whereas  the  use  of  cleaner  technologies 
the 
contributes 
Community 
combat 
acidification;12 

the  objectives  of 

strategy 

to 

to 

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

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

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

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

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

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

Whereas  for ensuring  competitive  energy 
prices  it  is  essential  to  regularly  monitor 
at EU level the implementation  process of 
the 
liberalisation  directives 
which have recently  been  adopted  for the 
electricity and gas markets: 

two  key 

administrations 

Whereas  this  monitoring  process  should 
be  based  on  co-operation  with  Member 
State 
as 
regulators,  facilitating  the  exchange  of 
best  practices  and  ensuring  greater 
transparency  along the  lines  of the  model 
initiated  by  the  Commission 
for  the 
internal electricity  market: 

as  well 

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

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

Whereas CO2 emissions must be reduced; 

Whereas CO2 emissions must be reduced; 

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

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

12  COM(97)88 final  of  12.3.1997 

G 

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

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

the  Community, 

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

completing 

supplies, 

quest 

the 

for 

of 

the  Community, 

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

completing 

supplies, 

quest 

the 

for 

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

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

Whereas the Council  stressed  this need  in its 
Resolution  of  8 July  199613  on  the  White 
Paper  "An  energy policy  for  the  European 
Union"; 

Whereas the Council  stressed this need  in its 
Resolution  of  8 July  199613  on  the  White 
Paper  "An  energy policy for  the  European 
Union"; 

Whereas  the  Council,  when  it  adopted  the 
Regulation  adopting  • a  programme 
to 
promote  international  cooperation  in  the 
energy  sector,14  considered  that  it  would  be 
opportune  for  the  Commission  to  present  a 
communication  on  all 
the  Community 
programmes  with  an  energy  component, 
which  could  be  followed  by  a  proposal  on 
the 
framework 
programme for  energy; 

establishment 

of 

a 

Whereas  the  Council,  when  it  adopted  the 
Regulation  adopting  a  programme 
to 
promote  international  cooperation  in  the 
energy  sector,14  considered  that  it  would  be 
opportune  for  the  Commission  to  present  a 
communication  on  all 
the  Community 
programmes  with  an  energy  component, 
which  could  be  followed  by  a  proposal  on 
the 
framework 
programme for  energy; 

establishment 

of 

a 

Whereas 
the  Commission  presented  a 
communication:  "An  overall  view  of  energy 
policy and actions",15 from  which it emerges 
that  the  Community  is  pursuing  a  great 
many  actions,  but  that  these  are  scattered 
either  between  different 
energy  policy 
programmes or various Community policies; 

Whereas 
the  Commission  presented  a 
communication:  "An  overall  view  of  energy 
policy and actions",15 from  which it emerges 
that  the  Community  is  pursuing  a  great 
many  actions,  but  that  these  are  scattered 
either  between  different 
energy  policy 
programmes or various Community policies; 

13  OJ No C224, 1.8.1996 

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

15  COM(97)167 final. 23.4.1997 

* 

it 

is  necessary 

the 
Whereas 
management,  complementarity  and  optimum 
use of budget  resources; 

to  ensure 

it 

is  necessary 

the 
Whereas 
management,  complementarity  and  optimum 
use of budget  resources; 

to  ensure 

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

truly 

integrated  and 
Whereas  only  a 
coordinated 
approach  of  Community 
actions  in  the  energy  field  will  enable  the 
development  of  a  coherent  and  effective 
energy  policy  which  ensures  that  proper 
account  is  taken  of  all  the  aspects  of  the 
problems to be resolved; 

this 

coherent, 

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

this 

coherent, 

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

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

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

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

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

for 

are 

essential 

Whereas  forward  analyses  and  market 
monitoring 
the 
development  of  an  adequate  energy 
policy  strategy  for  the  medium  and  long 
term;  whereas  shared  analyses  with 
Member  States  and 
interested  parties 
should  be encouraged  in this field; 

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

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

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

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

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

the  structures  and 
actions 

in  which 

such 

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

the  structures  and 
actions 

in  which 

such 

f 

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

the 
the  RTD 

arrangements 

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

the 
the  RTD 

arrangements 

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

currently 

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

currently 

of 

Whereas  support  for  enlargement  of  the 
European  Union  should  put  a  particular 
focus  on  energy,  given  its  political,  social 
and  economic  importance  in  most  of  the 
accession  countries:  whereas  this  should 
include  support  for  the  implementation 
co 
the  energy  acquis,  greater 
of 
the 
ordination 
and 
cooperation 
energy 
international 
(SYNERGY) 
the 
programmes 
opening up  of the  energy  saving  (SAVE), 
renewables  (ALTENER)  and  solid  fuels 
programmes  to  the  accession  countries, 
as  well  as  closer  co-operation  with 
European  and 
financial 
institutions  (EIB,  EBRD,  Worldbank) 
and  the  implementation  of  the  Energy 
Charter Treaty; 

international 

PHARE 

and 

the  principle  of  seeking 

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

the  whole  of 

the  principle  of  seeking 

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

the  whole  of 

in  view  of 

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

in  view  of 

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

Whereas the  single  committee  will assist  the 
the  greatest 
Commission 

ensuring 

in 

Whereas the single  committee  will  assist  the 
the  greatest 
in  ensuring 
Commission 

3 

possible  transparency  and  the  dissemination 
of 
information  between  all  the  parties 
concerned  and ensure greater consistency  of 
the  energy  actions  taken  under  the  various 
Community policies; 

possible  transparency  and  the  dissemination 
of 
information  between  all  the  parties 
concerned and ensure greater consistency of 
the  energy  actions  taken  under  the  various 
Community policies; 

Whereas on the basis of key energy  policy 
indicators  regular  reports  should  be 
drawn  up  on  the  implementation  of  the 
framework  programme; 

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

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

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

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

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

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

that 

require 

Whereas  the  energy  policy  challenges 
which  the  European  Union  is  facing  in 
the  next  decade 
the 
budgetary  appropriations  for  the  energy 
framework  programme  be  sufficient  and 
that,  in  the  context  of  the  new  financial 
perspectives,  additional  funding  could  be 
decided  in the  light  of  the  political  choices 
and priorities adopted; 

in  'the  strategy 

Whereas  in  the  light  of  the  key  role  of 
for  reducing 
energy 
greenhouse  gas  emissions,  the  funding  of 
actions  carried  out  in  the  priority  areas  of 
(ALTENER 
renewables 
promotion  of 
programme)  and  energy  efficiency  (SAVE 
programme) in particular could  be reviewed 
when 
financial 
perspective  is  drawn  up,  in  addition  to  an 
increased  coordination  effort 
in  these 
areas with other Community  policies (e.g. 
and 
structural 
research); 

environment 

funds, 

next 

the 

Ajd 

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

at  Community 

implemented 

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

at  Community 

implemented 

whereas 

Whereas 
the  Treaty  does  not  provide 
powers for the adoption  of this Decision, the 
purpose  of  which  is  the  coordination  of  all 
aspects of energy  policy,  other than  those in 
specific 
Article 235; 
programmes  which  will 
this 
framework  programme  will  each be  adopted 
on  the  appropriate  legal  basis,  in  particular 
where  their  objective  is  the  prudent  and 
rational  utilisation  of  natural 
resources 
referred  to in Article  13 Or of the Treaty, 

the 
implement 

whereas 

Whereas 
the  Treaty  does  not  provide 
powers for the adoption  of this Decision, the 
purpose  of  which  is  the  coordination  of  all 
aspects of energy policy,  other  than those in 
specific 
Article 235; 
programmes  which  will 
this 
framework  programme will  each be  adopted 
on  the  appropriate  legal  basis,  in  particular 
where  their  objective  is  the  prudent  and 
rational  utilisation  of  natural 
resources 
referred  to in Article  13 Or of the Treaty, 

the 
implement 

HAS DECIDED  AS FOLLOWS: 

HAS DECIDED AS FOLLOWS: 

Article 1 

Article 1 

(1) 

(1) 

multiannual 

A 
framework 
programme  for  Community  actions 
in  the  field  of  energy,  hereinafter 
"framework 
referred 
programme",  is  hereby  adopted  for 
the period  1998-2002. 

to  as 

the 

multiannual 

A 
framework 
programme  for  Community  actions 
in  the  field  of  energy,  hereinafter 
"framework 
referred 
programme",  is  hereby  adopted  for 
the period  1998-2002. 

to  as 

the 

(2) 

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

(2) 

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

to  guarantee  the  security  of  energy 
supplies; 

to  guarantee  the  security  of  energy 
supplies; 

to ensure competitiveness; 

to ensure competitiveness; 

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

environmental 

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

environmental 

AA 

(3) 

(1) 

contribute 

to 
coherence 

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

(3) 

contribute 

to 
coherence 

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

Article 2 

Article 2 

in 

energy 

conducted 

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

thematic 
the 

the 

or 

to 

(a) 

(b) 

for 

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

that 

so 

Reinforcement,  within 
the 
area  of  competence  of  the 
framework  programme,  of 
international  cooperation 
in 
the  energy  field  in  order  to 
greater 
encourage, 
diversification 
energy 
secondly, 
sources 
and 
greater 
stability  of  the  international 
gas  and  oil  markets 
in 
particular; 

firstly, 
of 

transparency 

and, 

in 

energy 

conducted 

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

the 

the 

(a) 

(b) 

for 

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

that 

so 

reinforcement,  within 

the 
'  area  of  competence  of  the 
framework  programme,  of 
international  cooperation  in 
the  energy  field  in  order  to 
firstly,  greater 
encourage, 
energy 
diversification 
secondly, 
sources 
and 
greater 
stability  of  the  international 
gas  and  oil  markets 
in 
particular; 

transparency 

and, 

of 

(1) 

/t«z_ 

(c) 

(d) 

(e) 

of 

new 

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

encouragement  of 
rational 
and  efficient  use  of  energy 
resources; 

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

of 

(c) 

(d) 

(e) 

new 

of 
energy 

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

encouragement  of 
rational 
and  efficient  use  of  energy 
the 
resources; 
promotion 
combined 
heat and  power ; 

including 
of 

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

of 

(f) 

safer use of nuclear energy. 

(f) 

safer  use of nuclear energy. 

(2) 

(3) 

specific 

programme, 

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

arrangements 

for 

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

lead 

(2) 

(3) 

(4) 

Ah 

specific 

programme, 

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

arrangements 

for 

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

It  may 

lead 

also 

relation 

strengthen 

take 
The  Commission  will 
the 
to 
initiatives 
coherence of the EU  energy policy 
environmental 
to 
in 
policies, 
taxation, 
energy 
funds,  research  and 
structural 
development,  the  implementation 
of  the  partnership  agreements 
Eastern 
with  Central 
European 
the 
Treaty. 
Energy 

and 
countries,  and 
Charter 

Moreover,  the  Commission  will 
the 
co-operate 
international 
European 
(EEB, 
financial 
EBRD,  World 
to 
implement the EU energy policy. 

closer  with 
and 
institutions 

Bank) 

Article 3 

Article 3 

(1) 

(2) 

(1) 

(2) 

The  annual  appropriations  shall  be 
authorized 
budgetary 
authority  within  the  constraints  of 
the financial  perspective. 

the 

by 

for 

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

(1) 

(2) 

The  annual  appropriations  shall  be 
authorized 
budgetary 
authority  within  the  constraints  of 
the financial  perspective. 

the 

by 

for 

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

Article 4 

Article 4 

the 

implementation  of 
and 

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

the 

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

composed 

nature 

(1) 

(2) 

the 

implementation  of 
and 

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

the 

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

composed 

nature 

to 

of 

shall  submit 

representative 

the 
The 
Commission 
the 
committee  a draft  of the measures  to 
The  . committee  shall 
be  taken. 
deliver  its opinion  within  a time limit 
which  the  chairman  may  lay  down 
according  to 
the  urgency  of  the 
matter,  if necessary by taking a vote. 

to 

of 

representative 

the 
The 
Commission  shall  submit 
the 
committee  a draft  of the measures to 
The  committee  shall 
be  taken. 
deliver  its opinion  within  a time limit 
which  the  chairman  may  lay  down 
according  to  the  urgency  of  the 
matter,  if necessary by taking a vote. 

ylq 

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. 

shall 

The  Commission 
the 
take 
the  opinion 
utmost  account  of 
delivered  by  the  committee.  It  shall 
inform  the  committee  of  the  manner 
in  which  its  opinion  has  been  taken 
into account. 

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. 

shall 

The  Commission 
take 
the 
the  opinion 
utmost  account  of 
delivered  by  the  committee.  It  shall 
inform  the  committee  of  the  manner 
in  which  its  opinion  has  been  taken 
into account. 

Article 5 

Article 5 

(1) 

(2) 

programme 
to 

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

to 
If  necessary, 

the 
and/or 

the 

the 

to 

of 

this 

its  proposals  for 
of 
a 
programme, 

In  the  third  year  of  the  period  of 
application 
framework 
programme  and  at  all  events  before 
the 
submitting 
subsequent 
establishment 
framework  v 
the 
Commission  shall  have  an  external 
assessment 
by 
independent  experts  of  the  overall 
implementation  of  the  Community 
the 
actions 
The 
framework 

carried  out 

programme. 

conducted 

under 

(1) 

(2) 

/<r 

programme 
to 

implementation  of 
and 

The Commission  shall submit  to  the 
European  Parliament  and 
the 
Council  a  regular  report  on  the 
the 
state  of 
framework 
its 
programme 
specific  programmes.  It  shall  assess 
the 
the  overall  effectiveness  of 
framework 
its 
and 
contribution 
the  objectives  of 
Community  policy.  On  the  basis  of 
the 
the  main 
indicators  of  energy  policy,  it  shall 
also  assess  whether  the  objectives, 
priorities  and  financial  resources  are 
the  changing 
to 
still  appropriate 
it  shall 
situation. 
If  necessary, 
adapt  or 
submit  proposals 
framework 
supplement 
programme 
specific 
programmes. 

the 
and/or 

evolution 

the 

of 

to 

of 

for 

this 

of 
a 
programme, 

In  the  third  year  of  the  period  of 
application 
framework 
programme  and  at  all  events  before 
submitting 
the 
its  proposals 
subsequent 
establishment 
framework 
the 
Commission  shall  have  an  external 
assessment 
by 
independent  experts  of  the  overall 
implementation  of  the  Community 
the 
actions 
The 
framework 

programme. 

out  under 

conducted 

carried 

Commission  shall  communicate  the 
conclusions thereof, together with its 
the  European 
comments, 
Parliament, 
the 
Economic and Social Committee and 
the Committee of the Regions. 

to 
the  Council, 

Commission  shall  communicate  the 
conclusions thereof, together with its 
the  European 
comments, 
Parliament, 
the 
Economic and Social Committee and 
the Committee of the Regions. 

to 
the  Council, 

(3) 

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

(3) 

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

Article 6 

Article 6 

This  Decision  is  addressed  to  the  Member 
States. 

This  Decision  is  addressed  to  the  Member 
States. 

Done at Brussels, 

Done at Brussels, 

For the Council 

For the Council 

The President 

The President 

Jit 

Amended proposal for a 

COUNCIL DECISION 

adopting a 

MULTIANNUAL PROGRAME 

OF STUDIES, ANALYSES, FORECASTS 

AND OTHER RELATED WORK 

IN THE ENERGY SECTOR 

(1998-2002) 

(ETAP programme) 

A% 

Amended proposal for a council decision 

adopting a 

98/0233 (CNS) 

MULTIANNUAL PROGRAME OF STUDIES, ANALYSES, FORECASTS AND 
OTHER RELATED WORK IN THE ENERGY  SECTOR 
(1998-2002) (ETAP programme) 

ORIGINAL TEXT 

AMENDED  TEXT 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

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  Treaty  establishing  the 
European  Community,  and 
in  particular 
Article 235 thereof, 

Having  regard  to  the  proposal  from  the 
Commission,1 

Having  regard  to  the  proposal  from  the 
Commission,1 

Having 
European  Parliament,2 

regard 

to 

the 

opinion  of 

the 

Having  regard 
European  Parliament,2 

to 

the 

opinion  of 

the 

the  White  Paper  entitled  "An 
Whereas 
energy  policy  for  the  European  Union"3 
proposes  a  new  approach  to  the  monitoring 
of  energy  trends  based  on  coopération  with 
the  Member  States  and  which  would  give 
added 
and 
by 
encouraging  the  most  effective  methods, 
promoting  a cooperative approach to  studies 
and  analyses  and  encouraging  the  exchange 
of know-how in the field in question; 

establishing 

benefits 

the  White  Paper  entitled  "An 
Whereas 
energy  policy  for  the  European  Union"3 
proposes  a new  approach  to  the  monitoring 
of  energy  trends  based  on  cooperation  with 
the  Member  States  and  which  would  give 
added 
and 
by 
encouraging  the  most  effective  methods, 
promoting a cooperative  approach to  studies 
and  analyses  and  encouraging  the  exchange 
of know-how in the field in question; 

establishing 

benefits 

Whereas  in its resolution  of 8 July  19964 on 
the  above  mentioned  White  Paper, 
the 
Council believes that energy decision making 
at Community level needs to be placed in the 
context  of  a  shared  analysis  of  the  energy 
situation  and  of future  trends  and  invites the 
Commission 
cooperation 
organise 
between the Member States; 

to 

Whereas  in its resolution  of 8 July  19964 on 
the  above  mentioned  White  Paper, 
the 
Council believes that energy decision making 
at Community level needs to be placed in the 
context  of  a  shared  analysis  of  the  energy 
situation and  of future  trends  and  invites the 
Commission 
cooperation 
organise 
between the Member  States; 

to 

Whereas,  in its conclusions  of  11 May  1998 
on  the  Kyoto  Conference  Protocol,  the 

Whereas,  in its conclusions  of  11 May  1998 
on  the  Kyoto  Conference  Protocol,  the 

COM(95)682 of 13.12.1995. 
OJNoC224,  1.8.1996. 

j8 

Council  welcomed 
the  Commission's 
presentation  on the  energy  policy  options  to 
respond  to  the climate  change  challenge  and 
underlined  the  necessity  to  prepare  a  shared 
analysis of the  economic  impact  of  reducing 
greenhouse gases; 

Council  welcomed 
the  Commission's 
presentation  on the energy  policy  options  to 
respond  to the climate change  challenge  and 
underlined  the  necessity  to  prepare  a  shared 
analysis of the  economic  impact  of  reducing 
greenhouse gases; 

in  its  conclusions, 

the  Cardiff  European  Council 
Whereas 
the  "Energy" 
invited 
Council  to  implement  the  integration  of  the 
environment  and  development  in its areas of 
competence  and  invited  the  Council  and  the 
the 
Commission 
follow 
organisational  arrangements  necessary 
to 
advance this  process:  and  that  it  is  therefore 
desirable  to  define  appropriate  indicators  to 
follow  the  progress  accomplished  in  this 
respect; 

regularly 

to 

Whereas 
the  Cardiff  European  Council 
the  "Energy" 
invited  in  its  conclusions, 
Council  to  implement  the  integration  of  the 
environment  and  development  in its  areas of 
competence  and  invited  the  Council  and  the 
the 
Commission 
follow 
organisational  arrangements  necessary 
to 
advance this process:  and  that  it  is  therefore 
desirable  to  define  appropriate  indicators  to 
follow  the  progress  accomplished  in  this 
respect; 

regularly 

to 

Whereas the consolidation  and  monitoring of 
the internal  energy  market  are  priority  tasks 
for  the  Community  and  for  the  Member 
States;  whereas  it  is  necessary  in  this 
connection  for  energy  trends  and  questions 
to  be  analysed  at  Community 
level  in 
collaboration with the energy  sector; 

Whereas the consolidation and monitoring of 
the internal  energy  market  are  priority  tasks 
for  the  Community  and  for  the  Member 
States;  whereas  it  is  necessary  in  this 
connection  for  energy  trends  and  questions 
to  be  analysed  at  Community 
in 
collaboration with the energy  sector; 

level 

in 
energy  dependency  of 

Whereas  security  of  energy  supplies  is 
one  of  the  key  energy  policy  objectives; 
the  context  of  growing 
whereas 
external 
the 
European  Union, it is necessary  to  closely 
monitor  and  analyse  energy  market 
trends  both  within  the  Union  and  at 
world level; 

it 

is 

therefore  desirable 

to 
Whereas, 
undertake  within  the  multiannual  framework 
programme  for  actions  in  the  energy  sector 
(1998  -  2002)  a  specific  programme  of 
studies,  analyses,  forecasts  and  other  related 
actions in the energy  sector; 

it 

is 

therefore  desirable 

to 
Whereas, 
undertake within the  multiannual  framework 
programme  for  actions  in  the  energy  sector 
(1998  -  2002)  a  specific  programme  of 
studies,  analyses, forecasts  and  other  related 
actions in the energy sector; 

Whereas  it  is  desirable  that  these  analyses, 
studies,  forecasts  and  other  related  work 
should  not  unnecessarily  duplicate  similar 
work  carried  out  by  other 
international 
organisations and by the Member  States; 

Whereas  it  is  desirable  that  these  analyses, 
studies,  forecasts  and  other  related  work 
should  not  unnecessarily  duplicate  similar 
work  carried  out  by  other 
international 
organisations and by the Member  States; 

A 

Whereas  some  of  these  activities  should  be 
open  to  participation  by  the  international 
organisations  responsible for  energy matters, 
such as the International Energy Agency,  the 
bodies  representing  the  industry  and  certain 
third  countries,  in accordance  with  the  rules 
governing  the  Community's  relations  with 
those organisations and countries; 

Whereas  some  of  these  activities  should  be 
open  to  participation  by  the  international 
organisations  responsible for  energy matters, 
such as the International  Energy Agency, the 
bodies 
industry, 
the 
environmental 
consumers,  European 
organisations  and  associations,  and  certain 
third  countries,  in  accordance  with  the  rules 
governing  the  Community's  relations  with 
those organisations and countries; 

representing 

Whereas 
this  set  of  actions  should  be 
coordinated  with  the  other  activities  of  the 
Community, 
third 
countries and international  organisations; 

the  Member  States, 

Whereas 
this  set  of  actions  should  be 
coordinated  with  the  other  activities  of  the 
Community, 
third 
countries and international  organisations; 

the  Member  States, 

in 

Whereas  it  is  politically  and  economically 
desirable  to  open  up  the  programme  to 
associated  Central  and  Eastern  European 
the 
countries, 
conclusions  of the European  Council  held in 
Copenhagen  in  June  1994  and  as  stated  in 
the communication  on this  subject  presented 
to 
in 
the  Council  by  the  Commission 
May  1994, as well as to Cyprus; 

accordance  with 

in 

Whereas  it  is  politically  and  economically 
desirable  to  open  up  the  programme  to 
associated  Central  and  Eastern  European 
the 
countries, 
conclusions  of the European  Council  held in 
Copenhagen  in  June  1994  and  as  stated  in 
the communication  on this  subject  presented 
to 
in 
May  1994, as well as to Cyprus; 

accordance  with 

the  Council  by 

the  Commission 

the  Treaty 

the 
Whereas 
European  Community  does  not  provide 
powers  for  the  adoption  of this  programme, 
other than those in Article 235. 

establishing 

the  Treaty 

the 
Whereas 
European  Community  does  not  provide 
powers  for  the  adoption  of this  programme, 
other than those in Article 235. 

establishing 

HAS ADOPTED THIS DECISION: 

HAS ADOPTED THIS DECISION: 

Article 1 

Article 1 

(1)  Within  the  framework  programme 
for  actions  in  the  energy  sector,  a  specific 
programme  of  studies,  analyses,  forecasts 
and other related work concerning the  future 
development  of  European  energy  policy, 
hereinafter  referred  to  as  ETAP,  shall  be 
the 
implemented  by  the  Community  for 
period  1998-2002. 

(1)  Within  the  framework  programme 
for  actions  in  the  energy  sector,  a  specific 
programme  of  studies,  analyses,  forecasts 
and other related work concerning the  future 
development  of  European  energy  policy, 
hereinafter  referred  to  as  ETAP,  shall  be 
the 
implemented  by  the  Community  for 
period  1998-2002. 

Apart  from  the  priority  objectives 
(2) 
referred  to  in  Article  1(2)  of  the  Council 
Decision  adopting  a  multiannual  framework 
programme  for  actions  in the  energy  sector, 
the objectives  of the ETAP  programme  shall 
be: 

(2) 
Apart  from  the  priority  objectives 
referred  to  in  Article  1(2)  of  the  Council 
Decision  adopting  a  multiannual  framework 
programme  for  actions  in the  energy  sector, 
the objectives  of the ETAP  programme shall 
be: 

to 

establish 

a 
level 

shared 
at 
to 
to  studies,  analyses, 
Community 
forecasts  and  other  related  work  in  the 
energy  sector; 

approach 

-to 

a 
level 

shared 
at 
establish 
to  studies,  analyses, 
Community 
forecasts  and  other  related  work  in  the 
energy sector; 

approach 

to  promote  analysis  of  energy  markets  and 
policies  at  the  level  of the  Community  and 
the Member  States; 

- to  promote  analysis  of  energy  markets and 
policies  at the level  of the  Community and 
the Member States; 

- to  analyse  and  evaluate  energy  and 
competitiveness  questions,  in  particular 
in  the  context  of  the  implementation  of 
the internal energy  market; 

evaluate 
analyse 
and 
environmental 
questions, 
relation to climate change; 

energy 
notably 

and 
in 

to  analyse  and  evaluate  energy  market 
trends in Europe and the world; 

- to  analyse  and  evaluate  energy  and 
in 

notably 

environmental 
questions, 
relation to climate change; 

-to  analyse  and  evaluate  energy  market 
trends  in  Europe  and  the  world,  notably 
as  regards  their  impact  on  the  security 
of energy  supplies  within  the  European 
Union; 

- to  help  identify  and 

transfer 

the  best 

analysis methods and practices; 

- to  help 

transfer 
identify  and 
analysis methods and practices; 

the  best 

- to  facilitate  information  networks  in  the 

- to  facilitate  information  networks  in  the 

energy field; 

energy  field; 

- to  develop  an  active  policy  for 
dissemination  of the results obtained. 

the 

- to  develop  an  active  policy  for 
dissemination of the results obtained. 

the 

Article 2 

Article 2 

annual 

The 
determined  by 
the  constraints  of 
within 
perspectives and budgetary discipline. 

appropriations 
be 
the  budgetary  authority 
financial 

shall 

the 

annual 

The 
determined  by 
the  constraints  of 
within 
perspectives and budgetary discipline. 

appropriations 
be 
the  budgetary  authority 
financial 

shall 

the 

Article 3 

Article 3 

In order to achieve the objectives  referred  to 
in  Article  1(2), 
the  Community  may 
undertake  and/or  promote,  directly  or  in 
cooperation  with 
interested  parties, 
the 
and/or fund  the following  measures: 

In order to achieve the objectives  referred  to 
in  Article  1(2), 
the  Community  may 
undertake  and/or  promote,  directly  or  in 
cooperation  with 
interested  parties, 
the 
and/or fund  the following  measures: 

and 

the 
(1) observation,  monitoring 
exchange  of  comparable  information  in  the 
energy  field  as  well  as  the  completion  of 
studies,  analyses  and  forecasts  on  all  energy 
aspects, 
trends,  markets  and 
prices; 

including 

and 

the 
(1) observation,  monitoring 
exchange  of  comparable  information  in  the 
energy  field  as  well  as  the  completion  of 
studies,  analyses  and  forecasts  on  all  energy 
aspects, 
trends,  markets  and 
prices; 

including 

<H 

transfer 

provision  "  of 

technical 
to  projects 

and 
(2) the 
in 
methodological  assistance 
identify  and 
the  best 
order 
to 
practices 
in  areas  such  as  methods  of 
analysis and  forecasting,  means of collecting 
energy  data,  access  to  and  exchanges  via 
electronic  networks  and  any  other  measure 
which helps to achieve the general  objective; 

of 

transfer 

provision 

technical 
and 
(2) the 
to  projects  in 
methodological  assistance 
identify  and 
the  best 
order 
to 
practices 
in  areas  such  as  methods  of 
analysis and  forecasting,  means of collecting 
energy  data,  access  to  and  exchanges  via 
electronic  networks  and  any  other  measure 
which helps to achieve the general  objective; 

(3) assistance  for  the  development  of  links 
with energy  producers, users, academics and 
administrative  circles  in  order  to  promote 
research 
the  policy  and  economic 
aspects of energy; 

into 

(3) assistance  for  the  development  of  links 
with energy producers,  users,  academics and 
administrative  circles  in  order  to  promote 
research 
the  policy  and  economic 
aspects of energy; 

into 

initiative 
implementation  of  any 
(4) the 
contributing  to  the  dissemination  of  the 
results  obtained,  including  the  preparation 
and  publication 
the 
of 
organisation  of  workshops,  seminars  and 
conferences. 

reports 

and 

initiative 
implementation  of  any 
(4) the 
contributing  to  the  dissemination  of  the 
results  obtained,  including  the  preparation 
and  publication 
the 
of 
organisation  of  workshops,  seminars  and 
conferences. 

reports 

and 

Article 4 

Article 4 

(1) The Commission  shall be  responsible  for 
the  financial  execution  and  implementation 
of the ETAP programme. 

(1) The  Commission  shall  be  responsible  for 
the  financial  execution  and  implementation 
of the ETAP programme. 

(2) For  the  purposes  of  implementing  the 
programme, 
shall  be 
the  Commission 
assisted  by  the  Committee  referred  to  in 
Article 4 of the  Council  Decision  adopting a 
multiannual 
for 
actions in the energy  sector. 

framework  programme 

(2) For  the  purposes  of  implementing  the 
programme, 
shall  be 
the  Commission 
assisted  by  the  Committee  referred  to  in 
Article 4 of the  Council  Decision  adopting a 
multiannual 
for 
actions in the energy sector. 

programme 

framework 

(3) The Commission  shall draw up each year 
a  draft  programme  of  actions 
to  be 
undertaken  during  the following  year,  which 
will  be  submitted  to  the  Committee  referred 
to in paragraph 2. 

(3) The Commission  shall draw up  each year 
a  draft  programme  of  actions 
to  be 
undertaken  during  the  following  year, which 
will be  submitted  to  the  Committee  referred 
to in paragraph 2. 

Article 5 

Article  5 

The  examination  and  internal  and  external 
assessment  of  the  implementation  of  this 
programme 
in 
accordance  with  Article 5  of  the  Council 
Decision  adopting  a  multiannual  framework 
programme for  actions in the energy sector5. 

shall  be 

carried 

out 

The  examination  and  internal  and  external 
assessment  of  the  implementation  of  this 
programme 
in 
accordance  with  Article 5  of  the  Council 
Decision  adopting  a  multiannual  framework 
programme for  actions in the energy  sector. 

shall  be 

carried 

out 

5  Council  Decision  No. 

SL 

Article 6 

Article 6 

in 

(CEEC) 

laid  down 
to 

The  ETAP  programme  shall  be  open  to 
participation  by  associated  Central  and 
Eastern  European  countries 
in 
accordance  with  the  conditions,  including 
financial  provisions, 
the 
the  Association 
additional  protocols 
the  Association 
Agreements 
to 
relating 
Agreements 
in  Community  programmes. 
participation 
The  programme  shall  also  be  open 
to 
participation  by  Cyprus,  on  the  basis  of 
additional  appropriations,  under  the  same 
rules  as 
to  EFTA/EEA 
countries,  in  accordance  with  procedures  to 
be agreed with that  country. 

or 
in 
themselves, 

those  applied 

in 

(CEEC) 

laid  down 
to 

The  ETAP  programme  shall  be  open  to 
participation  by  associated  Central  and 
Eastern  European  countries 
in 
accordance  with  the  conditions,  including 
financial  provisions, 
the 
the  Association 
additional  protocols 
the  Association 
Agreements 
Agreements 
to 
relating 
in  Community  programmes. 
participation 
The  programme  shall  also  be  open 
to 
participation  by  Cyprus,  on  the  basis  of 
additional  appropriations,  under  the  same 
rules  as 
to  EFTA/EEA 
countries,  in  accordance  with  procedures  to 
be agreed with that  country. 

in 
or 
themselves, 

those  applied 

Article 7 

Article 7 

This  Decision  shall  enter  into  force  on  the 
20th  day  following  its  publication  in  the 
Official 
European 
of 
Communities. 

Journal 

the 

This  Decision  shall  enter  into  force  on  the 
20th  day  following  its  publication  in  the 
Official 
European 
of 
Communities. 

Journal 

the 

Article 8 

Article 8 

This  Decision  is  addressed  to  the  Member 
States. 

This  Decision  is  addressed  to  the  Member 
States. 

Done at Brussels, 

Done at Brussels, 

For the Council, 

The President 

For the Council, 

The President 

£3 

AMENDED PROPOSAL FOR 

A COUNCIL REGULATION 

adopting a 

MULTIANNUAL PROGRAMME TO PROMOTE 

INTERNATIONAL COOPERATION IN THE ENERGY SECTOR 

(1998-2002) 

8T(/ 

AMENDED PROPOSAL PROPOSAL FOR A COUNCIL REGULATION ADOPTING A 

MULTIANNUAL PROGRAMME TO PROMOTE INTERNATIONAL  COOPERATION  IN THE 

ENERGY  SECTOR (SYNERGY PROGRAMME) ( 1998-2002) 

97/0369 (CNS) 

ORIGINAL TEXT 

AMENDED TEXT 

THE COUNCIL OFTHE  EUROPEAN 
UNION, 

THE COUNCIL OF THE  EUROPEAN 
UNION, 

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

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

Having  regard  to  the  proposal  from  the 
Commission1, 

Having  regard  to  the  proposal  from  the 
Commission1, 

Having  regard  to  the  opinion  of  the 
European Parliament2, 

Having  regard  to  the  opinion  of  the 
European Parliament2, 

of 

for 

reasons 

the 
Whereas, 
competitiveness  of  the  Community's 
industries, 
supply  and 
security  of 
protection  of  the  environment,  energy 
matters must be an important  element in 
the Community's international activities; 

of 

for 

reasons 

the 
Whereas, 
competitiveness  of  the  Community's 
industries, 
supply  and 
security  of 
protection  of  the  environment,  energy 
matters must be an important  element in 
the Community's international activities; 

framework 
Whereas  a  multiannual 
programme  for  actions  in  the  energy 
sector is being implemented; 

framework 
Whereas  a  multiannual 
programme  for  actions  in  the  energy 
sector is being implemented; 

Whereas  the  Community's  accession  to 
the  Energy  Charter  Treaty  and 
the 
Convention on Climate Change commits 
it 
international 
cooperation in the energy  field; 

continue  with 

to 

Whereas  the  Community's  accession  to 
the  Energy  Charter  Treaty  and 
the 
Convention on Climate Change  commits 
it 
international 
cooperation in the energy field; 

continue  with 

to 

Whereas the  conclusions  of the  Council 
of  Ministers 
for  Development  and 
Cooperation  of  18  November  1992  on 
the  guidelines  for  cooperation  with  the 
developing  countries  for  clean  and 
efficient  energy technology  stressed  that 
of 
an 
energy 
cooperation  with 
developing 
countries  was  the  implementation  of 

essential  objective 
all 

Whereas the  conclusions  of the  Council 
of  Ministers 
for  Development  and 
Cooperation  of  18  November  1992  on 
the  guidelines  for  cooperation  with  the 
developing  countries  for  clean  and 
efficient  energy technology  stressed  that 
of 
an 
energy 
cooperation  with 
developing 
countries  was  the  implementation  of 

essential  objective 
all 

9"C 

effective  energy policies; 

effective  energy policies; 

for 

the  Community  are 

Whereas,  as  stressed  in  the  Council 
resolution  of  8  July  1996  on  the  White 
Paper  "An  energy  policy 
the 
European  Union",  energy  developments 
in 
increasingly 
influenced  by external developments and 
to 
efforts  must 
ensure  that  the  Community  develops  a 
coherent  and  consistent  approach  to 
energy matters with third countries; 

therefore  be  made 

for 

the  Community  are 

Whereas,  as  stressed  in  the  Council 
resolution  of  8 July  1996  on  the  White 
Paper  "An  energy  policy 
the 
European  Union",  energy  developments 
in 
increasingly 
influenced  by external developments and 
to 
efforts  must 
ensure  that  the  Community  develops  a 
coherent  and  consistent  approach  to 
energy matters with third countries; 

therefore  be  made 

Whereas  the  Community  is  engaged  in 
international  energy  activities  under 
various programmes; whereas, to ensure 
that  these  activities  are  consistent,  they 
should be coordinated  more closely; 

Whereas  the  Community  is  engaged  in 
international  energy  activities  under 
various programmes; whereas, to ensure 
that  these  activities  are  consistent,  they 
should be coordinated  more closely; 

of 

coordination 

the 
Whereas 
in  the 
Community's  other  measures 
energy  sector 
is  necessary;  whereas 
there  must  therefore  be  no  duplication 
the 
with 
Community,  of the Member  States or of 
third 
international 
organisations  in  the  field  of  energy 
policy; 

programmes 

countries 

other 

of 

or 

of 

coordination 

Whereas 
the 
in  the 
Community's  other  measures 
energy  sector  is  necessary;  whereas 
there  must  therefore  be  no  duplication 
the 
with 
Community,  of the Member  States or of 
third 
international 
organisations  in  the  field  of  energy 
policy; 

programmes 

countries 

other 

of 

or 

Whereas,  by  reason  of  their  wide-
ranging  nature,  the  principal  objectives 
the 
the  programme,  particularly 
of 
coordination  of the various  programmes 
of 
international  measures,  can  be 
attained best at Community level; 

Whereas,  by  reason  of 
their  wide-
ranging  nature,  the  principal  objectives 
the 
the  programme,  particularly 
of 
coordination  of the various  programmes 
of 
international  measures,  can  be 
attained best at Community level; 

Whereas  it  is  necessary  to  establish  a 
specific 
the 
Community's  international  cooperation 
activities in the field of energy policy; 

instrument 

legal 

for 

Whereas  it  is  necessary  to  establish  a 
specific 
the 
Community's  international  cooperation 
activities in the field of energy policy; 

instrument 

legal 

for 

to 

Whereas  according 
the  Council 
resolution  on  the  White  Paper  "An 
energy  policy  for  the  European  Union", 
political  and trade relations  are essential 
components  of  energy  policy  and, 
Community's 
the 
accordingly, 
international 
cooperation 
energy 
measures  should  be  integrated  more 
effectively  in  its  external  policy  as  a 
whole; 

to 

Whereas  according 
the  Council 
resolution  on  the  White  Paper  "An 
energy  policy for  the  European  Union", 
political  and trade relations  are essential 
components  of  energy  policy  and, 
Community's 
the 
accordingly, 
international 
cooperation 
energy 
measures  should  be  integrated  more 
effectively  in  its  external  policy  as  a 
whole; 

0^ 

of 

be 

improve 

Whereas 
the  objectives  of  energy 
cooperation pursuant to the programme 
should 
the 
to 
competitiveness 
Community 
to  enhance  security  of 
industries, 
supply, 
sustainable 
promote 
development  and  to  improve  energy 
efficiency;  whereas  such  cooperation 
may be put into effect  by cooperating in 
and co-financing projects; 

to 

to 

of 

be 

improve 

Whereas 
the  objectives  of  energy 
cooperation pursuant to the programme 
should 
the 
competitiveness 
Community 
to  enhance  security  of 
industries, 
supply, 
sustainable 
promote 
development  and  to  improve  energy 
efficiency;  whereas  such  cooperation 
may be put into effect  by cooperating in 
and co-financing projects; 

to 

Whereas  such  cooperation  should  be 
anchored  in  an  indicative  programme 
and  may  be  the  subject  of  agreements 
with  the  States  concerned  or  with 
international  networks  of  study  and 
research centres; 

Whereas  such  cooperation  should  be 
anchored  in  an  indicative  programme 
and  may  be  the  subject  of  agreements 
with  the  States  concerned  or  with 
international  networks  of  study  and 
research centres; 

the  cooperation 

Whereas,  since 
in 
question  is  external  cooperation,  it  is 
governed  by the  special  provisions laid 
down  in  Title  IX  of  the  Financial 
Regulation  of  21  December  1977 
applicable  to  the  general  budget  of the 
European Communities, 

the  cooperation 

Whereas,  since 
in 
question  is  external  cooperation,  it  is 
governed  by the  special  provisions  laid 
down  in  Title  IX  of  the  Financial 
Regulation  of  21  December  1977 
applicable to  the  general budget  of the 
European Communities, 

HAS 
REGULATION: 

ADOPTED 

THIS 

HAS 
REGULATION: 

ADOPTED 

THIS 

Article 1 

Article  1 

Within  the  framework  programme  for 
actions  in  the  energy  sector,  a  specific 
programme  of  cooperation  with  third 
countries  in  fields  of  mutual  benefit, 
hereinafter  referred  to as "SYNERGY", 
shall 
the 
implemented 
Community. 

by 

be 

Within  the  framework  programme  for 
actions  in the  energy  sector,  a  specific 
programme  of  cooperation  with  third 
countries  in  fields  of  mutual  benefit, 
hereinafter referred  to as "SYNERGY", 
shall 
the 
implemented 
be 
Community. 

by 

This programme shall concern: 

This programme shall concern: 

•  aid.with  the  definition,  formulation 
and implementation of energy policy for 
third countries; 

•  aid  with  the  definition,  formulation 
and implementation of energy policy for 
third countries; 

•  promotion  of  industrial  cooperation 
between 
third 
countries in the energy sector; 

the  Community  and 

•  promotion  of  industrial  cooperation 
between  the  Community  and 
third 
countries in the energy sector; 

the 
coordination 
•  closer 
Community's  external  activities  in  the 
energy  field. 

of 

the 
coordination 
•  closer 
Community's  external  activities  in  the 
energy  field. 

of 

U 

Article 2 

Article 2 

SYNERGY  shall  be  addressed  to  all 
States  which  are  not  members  of  the 
Community and first and foremost  those 
countries 
considered 
priorities  in  the  Community's  external 
relations  in  terms  of  its  political  and 
economic 
interests  and  security  of 
energy supply. 

regions 

and 

SYNERGY  shall  be  addressed  to  all 
States  which  are  not  members  of  the 
Community and first and foremost  those 
countries 
considered 
priorities  in  the  Community's  external 
relations  in  terms  of  its  political  and 
economic 
interests  and  security  of 
energy supply. 

regions 

and 

Article 3 

Article 3 

Implementation 

1. 
the 
SYNERGY  programme  shall  start  on 1 
January  1998  and  end  on  31  December 
2002. 

of 

Implementation 

1. 
the 
SYNERGY  programme  shall  start  on  1 
January  1998  and  end  on  31  December 
2002. 

of 

2. 
The  annual  appropriations  shall 
be authorised by the budgetary  authority 
within 
the  financial 
limits  of 
the 
perspectives. 

2. 
The  annual  appropriations  shall 
be authorised by the budgetary  authority 
within 
financial 
limits  of 
the 
perspectives. 

the 

Article 4 

Article 4 

for 

The  programme 

1. 
shall  help 
achieve  the  Community's  main  energy 
objectives  as  described  in  the  White 
Paper  "An  energy  policy 
the 
European  Union".  To  the  same  end,  the 
Community  may  also  maintain  relations 
with  international  energy  organisations. 
the 
to 
The  measures 
programme 
in 
accordance  with  the  rules  set  out  in 
Article  4  of  the  Decision  adopting  the 
multiannual  framework  programme  for 
actions in the energy  sector.  No  funding 
to 
may 
research, 
demonstration 
development • 
projects. 

implement 
adopted 

granted 
and 

shall 

be 

be 

for 

The  programme 

1. 
shall  help 
achieve  the  Community's  main  energy 
objectives  as  described  in  the  White 
Paper  "An  energy  policy 
the 
European Union".  To the same  end,  the 
Community  may  also  maintain  relations 
with  international  energy  organisations. 
the 
to 
The  measures 
programme 
in 
shall  be 
accordance  with  the  rules  set  out  in 
Article  4  of  the  Decision  adopting  the 
multiannual  framework  programme  for 
actions in the energy  sector. No  funding 
to 
may 
research, 
demonstration 
development 
projects. 

implement 
adopted 

granted 
and 

be 

to 

In  order 

achieve 
the  Community 

these 
2. 
shall 
objectives, 
contribute, in particular,  to the  financing 
of activities concerning: 

In  order 

to  achieve 
the  Community 

these 
2. 
shall 
objectives, 
contribute, in particular, to the  financing 
of activities concerning: 

energy 

policy 

advice 

and 

energy 

policy 

advice 

and 

training; 

training; 

energy analyses and  forecasting; 

energy analyses and  forecasting; 

Si% 

closer  dialogue  and  exchanges 
of information  on energy policy,  notably 
by means of organisation  of  conferences 
and seminars; 

closer  dialogue  and  exchanges 
of information  on energy policy,  notably 
by means of organisation  of  conferences 
and seminars; 

support 

to 

regional 

support 

to 

regional 

transboundary  cooperation; 

transboundary  cooperation; 

improving 

the  framework 

for 

improving  the  framework 

for 

industrial cooperation on energy; 

industrial cooperation on energy; 

coordination  of  the  Community 
instruments  for  international  action  in 
the  energy  sector  and  other  similar 
international programmes. 

coordination  of  the  Community 
instruments  for  international  action  in 
the  energy  sector  and  other  similar 
international programmes. 

to 

The cooperation  shall also  cover 
3. 
the  preparation, 
related 
costs 
and 
implementation, 
evaluation  of  performance  of 
these 
operations,  as  well  as  costs  concerning 
information. 

monitoring 

to 

The cooperation  shall also  cover 
3. 
the  preparation, 
related 
costs 
and 
implementation, 
evaluation  of  performance  of 
these 
operations,  as  well  as  costs  concerning 
information. 

monitoring 

Article 5 

Article 5 

1. 
Community  contributions  may 
take  the  form  of  grants  which  shall  be 
projects 
tranches 
released 
materialise. 

as 

in 

1. 
Community  contributions  may 
take  the  form  of  grants  which  shall  be 
projects 
tranches 
released 
materialise. 

as 

in 

2. 
SYNERGY  programme  funding 
shall  be  granted  only  after  verification 
that  the  activities  cannot  qualify  for 
financing  from  other programmes. 

2. 
SYNERGY  programme  funding 
shall  be  granted  only  after  verification 
that  the  activities  cannot  qualify  for 
from  other  Community 
financing 
programmes, 
to  avoid 
duplication. 

in  order 

therefrom 
inter 

Financing  decisions  and  any 
3. 
shall 
contracts 
resulting 
for 
expressly  provide, 
acceptance  by 
the  beneficiaries  of 
supervision  by  the  Commission  and  the 
Court  of  Auditors,  which  may  be 
carried  out on the spot if necessary. 

alia, 

therefrom 
inter 

Financing  decisions  and  any 
3. 
shall 
contracts 
resulting 
for 
expressly  provide, 
acceptance  by 
the  beneficiaries  of 
supervision  by  the  Commission  and  the 
Court  of  Auditors,  which  may  be 
carried out on the spot if necessary. 

alia, 

24 

Article 6 

Article 6 

An 

indicative 

programme 
1. 
covering 
in 
to 
the  period  referred 
Article  3  is  established  in  the  Annex. 
This  programme  defines  the  principal 
objectives,  guidelines  and  priorities  of 
Community 
the 
indicative areas referred  to in Article 4. 

cooperation 

in 

An 

referred 

indicative 

the  period 

programme 
1. 
covering 
in 
to 
Article  3  is  established  in  the  Annex. 
This  programme  defines  the  principal 
objectives,  guidelines  and  priorities  of 
Community 
the 
indicative areas referred  to in Article 4. 

cooperation 

in 

2. 
An  action  programme  based  on 
the  indicative  programme  referred  to  in 
paragraph  1  shall  be  adopted 
in 
accordance with the procedure provided 
for  in Article  4  of the  Council  Decision 
adopting  a  framework  programme  for 
actions in the energy  sector.  This  action 
programme  shall  include  a  list  of  the 
main  projects  to  be  financed  within  the 
indicative  areas  referred  to  in  Article  4. 
The  content  of  the  programme  shall  be 
determined  so  as  to  provide  Member 
States  with  the  relevant  information  to 
enable  the  committee  set  up  under  the 
abovementioned  procedure  to  give  its 
opinion. 

2. 
An  action  programme  based  on 
the  indicative  programme  referred  to  in 
paragraph  1  shall  be  adopted 
in 
accordance with the procedure  provided 
for  in  Article  4  of the  Council  Decision 
adopting  a  framework  programme  for 
actions in the energy  sector.  This action 
programme  shall  include  a  list  of  the 
main  projects  to  be  financed  within  the 
indicative  areas  referred  to  in  Article 4. 
The  content  of  the  programme  shall be 
determined  so  as  to  provide  Member 
States  with  the  relevant  information  to 
enable  the  committee  set  up  under  the 
abovementioned  procedure  to  give  its 
opinion. 

in 

organisations, 

Specific  agreements  may  be 
3. 
third  countries  and 
concluded  with 
international 
the 
framework  and  for  the  duration  of  the 
to  in 
indicative  programme  referred 
paragraph  1, in order to  define  the main 
lines  of  cooperation  with  the  countries 
consultation 
concerned 
procedures  regarding  implementation  of 
the programme. 

and 

the 

in 

organisations, 

Specific  agreements  may  be 
3. 
third  countries  and 
concluded  with 
international 
the 
framework  and  for  the  duration  of  the 
to  in 
indicative  programme  referred 
paragraph  1, in order to  define  the main 
lines  of  cooperation  with  the  countries 
consultation 
concerned 
procedures  regarding  implementation  of 
the programme. 

and 

the 

also 

Contracts  may 

be 
4. 
concluded  within  the  framework  of  the 
indicative  programme  referred 
to  in 
paragraph  1  with  international  networks 
of study and research centres in order to 
these 
define 
contribution 
the 
networks 
the 
described 
objectives 
abovementioned  indicative programme. 

achievement 

the 

of 

of 

to 

in 

also 

Contracts  may 

be 
4. 
concluded  within  the  framework  of  the 
indicative  programme  referred 
to  in 
paragraph  1 with  international  networks 
of study and research  centres in order to 
these 
define 
contribution 
the 
networks 
the 
described 
objectives 
abovementioned  indicative programme. 

achievement 

the 

of 

of 

to 

in 

3^ 

Article 7 

Article 7 

The 

Commission 

shall 
1. 
implement  operations 
in  accordance 
with  the  action  programme  referred  to 
in Article 6(2). 

The 

Commission 

shall 
1. 
implement  operations 
in  accordance 
with  the  action  programme  referred  to 
in Article 6(2). 

2. 
Service  contracts  shall,  as  a 
general  rule,  be  awarded  by  restricted 
invitations  to  tender  in  conformity  with 
Article  118  of  the  Financial  Regulation 
applicable  to  the  general  budget  of  the 
European  Communities. 

2. 
Service  contracts  shall,  as  a 
general  rule,  be  awarded  by  restricted 
invitations  to  tender  in  conformity  with 
Article  118  of  the  Financial  Regulation 
applicable  to  the  general  budget  of  the 
European Communities. 

Negotiated  contracts  may  be 
awarded  for  operations  involving  an 
amount below ECU  50 000. 

Negotiated  contracts  may  be 
awarded  for  operations  involving  an 
amount below ECU 50 000. 

Supply  contracts,  where  needed 
to  supplement  service  contracts  and 
limited  to  the  objectives  of  SYNERGY, 
shall  be  awarded  by  means  of  open 
invitations to  tender,  except  in the cases 
provided  for 
in  Article  116  of  the 
Financial Regulation. 

Supply  contracts,  where  needed 
to  supplement  service  contracts  and 
limited to the  objectives  of  SYNERGY, 
shall  be  awarded  by  means  of  open 
invitations to tender,  except  in the  cases 
provided  for 
in  Article  116  of  the 
Financial Regulation. 

Participation 

in  invitations 

to 
tender  and  contracts  shall  be  open  on 
equal  terms  to  all  natural  and  legal 
persons in the Member  States and in the 
beneficiary  States. 

Participation 

in  invitations 

to 
tender  and  contracts  shall  be  open  on 
equal  terms  to  all  natural  and  legal 
persons in the Member  States and  in the 
beneficiary  States. 

Participation by natural and legal 
persons  from  other  countries  may  be 
authorised  by  the  Commission  on  a 
case-by-case  basis  if the programmes  or 
specific 
projects  concerned 
forms  of assistance  specifically  available 
in these countries. 

require 

Participation by natural and legal 

persons from  other countries for the 
duration of the  projects,  funded 
from the appropriations  earmarked 
for these activities may be authorised 
by the Commission on a case-by-case 
basis if the programmes or  projects 
concerned require specific forms  of 
assistance specifically  available in these 
countries. 

3. 
Taxes,  duties  and  the  purchase 
of  immovable  property  shall  not  be 
funded  by the  Community. 

3. 
Taxes,  duties  and  the  purchase 
of  immovable  property  shall  not  be 
funded  by the Community. 

tender 

4. 
In  the  case  of  co-financing,  the 
the 
participation  of  enterprises  from 
third  countries  concerned  in  invitations 
to 
contracts  may  be 
authorised  by  the  Commission  on  a 
case-by-case  basis.  The  Commission 
shall  render  account 
in  the 
report  referred  to in Article 9. 

thereof 

and 

4. 
In  the  case  of  co-financing,  the 
the 
participation  of  enterprises  from 
third  countries  concerned  in  invitations 
to 
tender  and  contracts  may  be 
authorised  by  the  Commission  on  a 
case-by-case  basis.  The  Commission 
shall  render  account 
in  the 
report referred  to in Article 9. 

thereof 

M 

Article 8 

Article 8 

The  Commission  shall,  together 
1. 
with 
ensure 
the  Member  States, 
effective  coordination  of  the  expert 
assistance  provided  in  the  beneficiary 
States by the  Community  and  individual 
Member  States  on  the  basis  of  the 
information  supplied  by  the  Member 
States 

The  Commission  shall,  together 
1. 
with 
ensure 
the  Member  States, 
effective  coordination  of  the  expert 
assistance  provided  in  the  beneficiary 
States by the  Community  and  individual 
Member  States  on  the  basis  of  the 
information  supplied  by  the  Member 
States. 

Coordination  and  cooperation 
2. 
financial 
the 
vyith 
institutions  and  other  sources  of  funds 
shall be encouraged. 

international 

Coordination  and  cooperation 
2. 
financial 
the 
with 
institutions  and  other  sources  of  funds 
shall be encouraged. 

international 

programme, 

The  Commission  shall  examine 
3. 
ways  of  promoting  co-financing  by  the 
SYNERGY 
bilateral 
cooperation  from  the  Member  States, 
the  programmes  of  other  international 
organisations  and  other  Community 
programmes. 
in  particular, 
It  shall, 
contribute  to  closer  coordination  and 
complementarity 
the 
contributions  made  by  SYNERGY  and 
the  other  Community  instruments  for 
in 
international  energy  cooperation 
order  to  avoid  duplication.  It  shall  also 
ensure 
is  avoided 
between  the  SYNERGY  programme 
and  any  other  programme  or  action  of 
other  international  organisations  in  the 
field  of energy. 

that  duplication 

between 

It 

shall 

ensure 

programme, 

is  avoided  between 

The  Commission  shall  examine 
3. 
ways  of  promoting  co-financing  by  the 
SYNERGY 
bilateral 
cooperation  from  the  Member  States, 
the  programmes  of  other  international 
organisations  and  other  Community 
that 
programmes. 
the 
duplication 
SYNERGY  programme  and  any  other 
programme 
other 
international organisations in the field of 
energy.  It  shall  also  contribute  to 
closer 
and 
coordination 
between 
complementarity 
other 
SYNERGY 
Community 
for 
international 
cooperation 
energy 
required  to  carry  forward  actions 
begun  by  SYNERGY,  thus  avoiding 
duplication. 

instruments 

action 

and 

the 

of 

or 

Article 9 

Article 9 

1. 
The  Commission  shall  present  a 
report  by  31  December  2000  on  the 
implementation 
specific 
of 
programme in the two  previous  financial 
years,  based  on  an  external  assessment 
by independent  experts. 

the 

1. 
The  Commission  shall  present  a 
report  by  31  December  2000  on  the 
implementation 
specific 
of 
programme in the two previous  financial 
years,  based  on  an  external  assessment 
by independent  experts. 

the 

*>l 

The  Commission  shall  present  a 
2. 
report  by  31  December  2002  on  the 
implementation  of  the  programme  and 
the  results  obtained  in  third  countries 
and Member States, accompanied  by the 
external  assessment  by 
independent 
experts on which it is based. 

The  Commission  shall  present  a 
2. 
report  by  31  December  2002  on  the 
implementation  of  the  programme  and 
the  results  obtained  in  third  countries 
and Member  States, accompanied by the 
external  assessment  by 
independent 
experts on which it is based. 

Each  year  the  Commission  shall 
3. 
present  a  report  on  the  implementation 
of  the  external  energy  activities  under 
the various Community instruments. 

Each  year  the  Commission  shall 
3. 
present  a  report  on  the  implementation 
of  the  external  energy  activities  under 
the various Community instruments. 

4. 
These  reports  shall be  addressed 
to  the  European  Parliament  and  the 
Council. 

4. 
These reports  shall be  addressed 
to  the  European  Parliament  and  the 
Council. 

Article 10 

Article 10 

This  Regulation  annuls  and  replaces 
Council Regulation (EC) No 

/ 

This  Regulation  annuls  and  replaces 
Council Regulation (EC) No 

/ 

This  Regulation  shall  be  binding  in  its 
entirety  and  directly  applicable  in  all 
Member States. 

This  Regulation  shall  be  binding  in  its 
entirety  and  directly  applicable  in  all 
Member States. 

Done at Brussels, 

Done at Brussels, 

For the Council 

The President 

For the Council 

The President 

% 

Amended proposal for a 

COUNCIL  DECISION 

adopting a 

MULTIANNUAL PROGRAMME OF 

TECHNOLOGICAL ACTIONS PROMOTING  THE 

CLEAN AND EFFICIENT USE 

OF SOLID FUELS 

(1998-2002) 

V<y 

Amended proposal for a Council Decision 

adopting a 

MULTIANNUAL PROGRAMME OF TECHNOLOGICAL ACTIONS 

PROMOTING THE CLEAN AND EFFICIENT USE 

OF SOLID FUELS (1998-2002) 

97/0372 (CNS) 

ORIGINAL TEXT 

AMENDED TEXT 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION 

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 Treaty establishing the 
European  Community,  and  in  particular 
Article 235 thereof; 

Having  regard  to  the  proposal  from  the 
Commission1; 

Having  regard  to  the  proposal  from  the 
Commission1; 

Having  regard 
European Parliament2, 

to 

the  opinion  of  the 

Having  regard  to 
European Parliament2, 

the  opinion  of  the 

Having  regard 
Economic and Social Committee; 

to  the  opinion  of  the 

Having  regard 
Economic and Social Committee; 

to  the  opinion  of  the 

to  the  opinion  of  the 
Having  regard 
European  Coal  and  Steel  Community 
Consultative Committee; 

the  opinion  of  the 
Having  regard  to 
European  Coal  and  Steel  Community 
Consultative Committee; 

Having  regard 
Committee of the Regions; 

to  the  opinion  of  the 

Having  regard 
Committee of the Regions; 

to  the  opinion  of  the 

Having  regard  to  the  White  Paper  on 
Energy 
the  energy  policy 
objectives  of  economic  competitiveness, 

indicating 

Having  regard  to  the  White  Paper  on 
Energy 
the  energy  policy 
objectives  of  economic  competitiveness, 

indicating 

OJNo 

OJNo 

?>Ç 

environmental  control,  security  of  supply 
and maintenance of employment; 

environmental  control,  security  of  supply 
and maintenance of employment; 

Whereas  solid  fuels  are  available  in  the 
Community  and 
ready,  abundant, 
the 
diverse  sources  of  hard  coal  traded  world 
wide  ensure  that  such  fuels  are  and  will 
remain a low-cost energy source; 

Whereas  solid  fuels  are  available  in  the 
Community  and 
ready,  abundant, 
the 
diverse  sources  of  hard  coal  traded  world 
wide  ensure  that  such  fuels  are  and  will 
remain a low-cost energy source; 

the  promotion  of  clean  and 
Whereas 
efficient 
fuels 
for 
technologies 
contributes to the  diversification  of  primary 
energy  resources  and  to  the  balance  of 
Community energy policy  objectives; 

solid 

the  promotion  of  clean  and 
Whereas 
efficient 
fuels 
for 
technologies 
contributes to the  diversification  of  primary 
energy  resources  and  to  the  balance  of 
Community energy policy objectives; 

solid 

Whereas  solid  fuels  will  be  increasingly 
utilised  both  in  developed  and  emerging 
areas  of  the  world,  thereby  contributing  to 
emissions  of  pollutants  and  CO2;  whereas 
every  effort  should  be  made  to  ameliorate 
such  emissions  by  the  promotion  of  clean 
and 
the 
efficient 
and 
(Best  Available 
application  of  BAT 
Technologies)  to  existing  and  new  plant 
using solid  fuels; 

technologies 

Whereas  solid  fuels  will  be  increasingly 
utilised  both  in  developed  and  emerging 
areas  of  the  world,  thereby  contributing  to 
emissions  of  pollutants  and  CO2;  whereas 
every  effort  should  be  made  to  ameliorate 
such  emissions  by  the  promotion  of  clean 
and 
the 
efficient 
and 
(Best  Available 
application  of  BAT 
Technologies)  to  existing  and  new  plant 
using solid  fuels; 

technologies 

Whereas  the  manufacture  and  supply  of 
equipment  for  the  clean  utilisation  of  coal, 
lignite  and  other  forms  of  solid  fuels,  for 
use  both  within  and  outside  the  European 
Community, 
the 
maintenance of employment; 

contribute 

can 

to 

Whereas  the  manufacture  and  supply  of 
equipment  for  the  clean  utilisation  of  coal, 
lignite  and  other  forms  of  solid  fuels,  for 
use  both  within  and  outside  the  European 
Community, 
the 
maintenance of employment; 

contribute 

can 

to 

Whereas,  pursuant  to  Article  13 Or  of  the 
Treaty on the European Union, action by the 
Community  relating  to  the  environment 
the 
should 
environment  and  ensure  a  prudent  and 
rational  utilization  of  natural  resources, 
objectives  which  are  furthered  by 
the 
implementation of clean coal technologies; 

the  quality  of 

improve 

Whereas,  pursuant  to  Article  130r  of  the 
Treaty on the European Union, action by the 
Community  relating  to  the  environment 
the 
should 
environment  and  ensure  a  prudent  and 
rational  utilization  of  natural  resources, 
objectives  which  are  furthered  by 
the 
implementation of clean coal technologies; 

the  quality  of 

improve 

Whereas  the  promotion  of  more  efficient 
clean  solid  fuel  technologies  can  make  a 
significant  contribution  to  the  reduction  of 
polluting 
the 
traditional  use  of  fossil  fuels  at  European 
level;  whereas  use  of  cleaner 
Union 
technologies contributes to the objectives  of 
combat 
the  Community 

emissions 

strategy 

arising 

from 

to 

Whereas  the  promotion  of  more  efficient 
clean  solid  fuel  technologies  can  make  a 
significant  contribution  to  the  reduction  of 
polluting  emissions 
the 
traditional  use  of  fossil  fuels  at  European 
level;  whereas  use  of  cleaner 
Union 
technologies contributes to the objectives of 
combat 
the  Community 

strategy 

arising 

from 

to 

1C 

acidification  ;3 

acidification  ; 

Whereas  the  promotion  of  more  efficient 
clean solid  fuel  technologies  will  contribute 
to the reduction of greenhouse  gases and the 
danger  of  global  climate  change;  whereas 
wide-ranging 
therefore 
co-operation 
is 
desirable 
to  obtain  significant 
results; 

in  order 

Whereas  the  promotion  of  more  efficient 
clean  solid fuel  technologies  will  contribute 
to the reduction of greenhouse gases and the 
danger  of  global  climate  change;  whereas 
wide-ranging 
therefore 
co-operation 
desirable 
in  order  to  obtain  significant 
results; 

is 

Whereas  it  is  necessarv  to  ensure  that 
promotion  of  clean  coal  technologies 
should  be  applied  equally  to  domestic 
and 
and 
commercial 
scale 
industrial  boilers  as  well  as 
large 
electrical power generation plant; 

small 

Whereas,  since  the  Treaty  establishing  the 
European  Economic  Community  does  not 
to  cover  the 
provide  for  other  powers 
energy aspects of the programme referred  to 
in Article 2 below, Article 235 of the Treaty 
should be invoked; 

Whereas,  since  the  Treaty  establishing  the 
European  Economic  Community  does  not 
provide  for  other  powers  to  cover  the 
energy aspects of the programme referred  to 
in Article 2 below, Article 235 of the Treaty 
should be invoked; 

Whereas  Council  has  adopted  a  White 
Paper  defining 
lines  of  new 
the  main 
Community  energy  policy  objectives  for 
coherence  and  convergence  of  the  policies 
of  the  Member  States;  whereas  this  White 
Paper  states  that  the  contribution  of  new 
clean  solid  fuel  technologies  can  enhance 
the  use  of  a  wide  variety  of  fuels,  so  that 
they  can  continue  to  play  a  significant  part 
in the overall  energy balance  sheet  but  with 
an improved environmental  image; 

Whereas  Council  has  adopted  a  White 
Paper  defining 
lines  of  new 
the  main 
Community  energy  policy  objectives  for 
coherence  and  convergence  of  the  policies 
of  the  Member  States;  whereas  this  White 
Paper  states  that  the  contribution  of  new 
clean  solid  fuel  technologies  can  enhance 
the  use  of  a  wide  variety  of  fuels,  so  that 
they  can  continue  to  play  a  significant  part 
in the overall  energy  balance  sheet  but  with 
an improved environmental image; 

solid 

fuel 
advantages 

Whereas  the  promotion  and  exploitation  of 
offers 
clean 
economic 
of 
employment  opportunities  with  companies 
in  the  Union  operating  on  a  world-wide 
basis; 

technologies 
in 

terms 

solid 

fuel 
advantages 

Whereas  the  promotion  and  exploitation  of 
offers 
clean 
economic 
of 
employment  opportunities  with  companies 
in  the  Union  operating  on  a  world-wide 
basis; 

technologies 
in 

terms 

Whereas  to  sustain  a  cleaner  environment, 
advanced  clean  solid 
technologies 
should  be  developed  to  achieve  improved 
BAT (Best Available Technologies)  at costs 

fuel 

Whereas  to  sustain  a  cleaner  environment, 
advanced  clean  solid  fuel 
technologies 
should  be  developed  to  achieve  improved 
BAT (Best Available Technologies) at costs 

3  COM(97)88 final,  12.3.97 

^ 

which can be  afforded; 

which can be  afforded; 

to  become  members  of 

countries  which  are 
Whereas  certain 
expected 
the 
European  Union  in  the  coming  years  are 
very  strongly  dependent  on  the  production 
and  use  of  solid  fuels  to  meet  their  energy 
requirements;  whereas  those  countries  will 
need to modernise  and improve their energy 
technologies 
to  comply  with 
European  Union  legislation  relating  to  the 
protection of the  environment; 

in  order 

to  become  members  of 

Whereas  certain  countries  which  are 
expected 
the 
European  Union  in  the  coming  years  are 
very  strongly  dependent  on  the  production 
and  use  of  solid  fuels  to  meet  their  energy 
requirements;  whereas  those  countries  will 
need to modernise  and improve their energy 
technologies 
to  comply  with 
European  Union  legislation  relating  to  the 
protection of the environment; 

in  order 

Whereas  a  number  of  Member  States  have 
their  own  clean  solid 
technology 
programmes;  whereas  there  should  be  an 
opportunity 
to 
co-ordinate  with  each  other  and  with  the 
relevant European Union programmes; 

those  programmes 

fuel 

for 

Whereas  a  number  of  Member  States  have 
their  own  clean  solid 
technology 
programmes;  whereas  there  should  be  an 
opportunity 
to 
co-ordinate  with  each  other  and  with  the 
relevant European Union programmes; 

those  programmes 

fuel 

for 

Whereas  it is also  important  to promote  the 
uptake  of 
technologies  developed  with 
financing  from  the  specific  Research  and 
Technical  Development  non-nuclear  energy 
programme; 

Whereas  it  is also  important  to promote the 
uptake  of 
technologies  developed  with 
financing  from  the  specific  Research  and 
Technical  Development  non-nuclear  energy 
programme; 

a  multiannual 

Framework 
Whereas 
Programme  for  Actions  in  the  energy  field 
has been established; 

a  multiannual 

Framework 
Whereas 
Programme  for  Actions  in  the  energy  field 
has been established; 

Whereas  the  European  Parliament  and  EU 
industry have indicated their keen interest in 
pursuing  a  policy  of  developing  clean  coal 
technologies  for  use  in  the  Union  and 
elsewhere in the world; 

Whereas  the  European  Parliament  and  EU 
industry have indicated their keen interest in 
pursuing  a  policy  of  developing  clean  coal 
technologies  for  use  in  the  Union  and 
elsewhere in the world; 

Whereas  the  Amsterdam  European  Council 
highlighted  the  importance  of  solid  fuel 
Research  and  Development  by  its  request 
that  the  research  in  that  field  currently 
supported  under  the  Treaty  establishing  the 
European  Coal  and  Steel  Community 
should  be  continued  after  the  expiry  of  the 
Treaty in 2002; 

Whereas  the  Amsterdam  European  Council 
highlighted  the  importance  of  solid  fuel 
Research  and  Development  by  its  request 
that  the  research  in  that  field  currently 
supported  under  the  Treaty  establishing  the 
European  Coal  and  Steel  Community 
should  be  continued  after  the  expiry  of the 
Treaty in 2002; 

Whereas  there  is  a  need  to  transfer  to  the 
industry  the  results  of  the  research  funded 
the  European  Coal  and  Steel 
under 
Community, 
for  whose 
need 
continuation  has been  acknowledged  by the 
Amsterdam European  Council; 

the 

Whereas  there  is  a  need  to  transfer  to  the 
industry  the  results  of  the  research  funded 
the  European  Coal  and  Steel 
under 
Community, 
for  whose 
need 
continuation  has  been  acknowledged  by the 
Amsterdam  European  Council; 

the 

*& 

Whereas  the  promotion,  demonstration  and 
exploitation  of  clean  solid  fuel  technologies 
throughout  the  Community  are  likely  to 
strengthen 
social 
cohesion,  as  called  for  by  Article  130a  of 
the Treaty; 

economic 

and 

its 

Whereas  the  promotion,  demonstration  and 
exploitation  of clean solid  fuel  technologies 
throughout  the  Community  are  likely  to 
strengthen 
social 
cohesion,  as  called  for  by  Article  130a  of 
the Treaty; 

economic 

and 

its 

Whereas,  to  this  end,  it  is  appropriate  to 
take account  of the  Community's  indicative 
objectives  and make provision  for  resources 
to further  the attainment  of those  objectives, 
taking 
the  particular 
into  consideration 
conditions in each Member  State; 

Whereas,  to  this  end,  it  is  appropriate  to 
take account of the  Community's  indicative 
objectives  and make provision  for  resources 
to further  the attainment of those  objectives, 
taking 
the  particular 
into  consideration 
conditions in each Member State; 

Whereas  provision  should  be  made  for  a 
five-year  programme; 

Whereas  provision  should  be  made  for  a 
five-year  programme; 

HAS ADOPTED THIS DECISION: 

HAS ADOPTED THIS DECISION: 

Article 1 

Article 1 

States 

endeavour 

Member 
to 
shall 
contribute  in  their  energy  policies  to  the 
promotion  of  clean  solid  fuel  technologies, 
where  appropriate,  so  as  to  ensure  that  the 
best  available  technologies  (BAT)  are  used 
in  order  to  limit  emissions  from  solid  fuel 
use,  including  carbon  dioxide  emissions. 
Account  shall  be taken  of the  Community's 
indicative  objectives  relating  to  clean  coal 
technologies.  These  objectives  are  to  be 
reviewed  with  the  Energy  Committee  (see 
Article 7.2) on a year by year basis. 

endeavour 

Member  States 
to 
shall 
contribute  in  their  energy  policies  to  the 
promotion  of  clean  solid  fuel  technologies, 
where  appropriate,  so  as  to  ensure  that  the 
best  available  technologies  (BAT)  are  used 
in order to promote increased efficiency  of 
combustion  and  to  limit  emissions  from 
solid  fuel  use,  including  carbon  dioxide 
emissions.  Account  shall  be  taken  of  the 
Community's  indicative  objectives  relating 
to clean coal technologies. These  objectives 
are 
the  Energy 
Committee  (see  Article  7.2)  on  a  year  by 
year basis. 

to  be  reviewed  with 

Article 2 

Article 2 

the  Framework  Programme 

Within 
for 
Energy,  the  Community  shall  support  a 
series of actions to promote the  exploitation 
of  clean  solid  fuel  technologies  within  the 
context 
programme 
CARNOT  (actions  for  greater  penetration 
fuel 
and  exploitation  of  clean 
technologies), hereinafter  referred  to as  'the 
programme'. 

specific 

solid 

the 

of 

the  Framework  Programme 

Within 
for 
Energy,  the  Community  shall  support  a 
series of actions to promote the  exploitation 
of  clean  solid  fuel  technologies  within  the 
context 
programme 
CARNOT  (actions  for  greater  penetration 
fuel 
and  exploitation  of  clean 
technologies), hereinafter  referred  to as  'the 
programme'. 

specific 

solid 

the 

of 

^ 

The  programme  shall  last  for  five  years, 
from  1  January 1998 to 31 December 2002. 

The  programme  shall  last  for  five  years, 
from  1  January 1998 to 31 December 2002. 

The annual appropriations are authorised by 
the budgetary authority within the ceiling of 
the financial perspectives. 

The annual appropriations are authorised by 
the budgetary authority within the ceiling of 
the financial perspectives. 

Article 3 

Article 3 

Two  categories  of  actions  on  clean  solid 
fuel  technologies  shall  be  financed  under 
the programme, namely: 

Two  categories  of  actions  on  clean  solid 
fuel  technologies  shall  be  financed  under 
the programme, namely: 

a)  Measures to foster the creation of an 
information  network  aimed  at  promoting 
information 
better  market  and  technical 
and 
between 
international 
the 
establishment  of  appropriate  means  for 
exchanging  information,  helping to remove 
barriers  and  evaluating  the  impact  of  the 
various actions provided for in this article: 

national,  Community 
through 

activities 

a) 
Measures to foster the creation of an 
information  network  aimed  at  promoting 
information 
better  market  and  technical 
and 
between 
international 
the 
activities 
establishment  of  appropriate  means  for 
exchanging  information,  helping to remove 
barriers  and  evaluating  the  impact  of  the 
various actions provided for in this article: 

national,  Community 
through 

foster 

industrial 
to 
b)  Measures 
strategic  cooperation,  such  as  business 
workshops  and  seminars,  industrial  on-site 
visits, studies, evaluations  and concertation 
groupings, 
the 
industrial exploitation of clean technologies 
for  energy  purposes,  in  particular  heat and 
power  production.  This  will  include  the 
promotion  of  exports  of  European  clean 
solid fuel technology. 

at  promoting 

aimed 

foster 

industrial 
to 
b)  Measures 
strategic  cooperation, *  such  as  business 
workshops  and  seminars,  industrial  on-site 
visits, studies, evaluations  and  concertation 
the 
groupings, 
industrial exploitation of clean technologies 
for  energy purposes,  in  particular  heat  and 
power  production.  This  will  include  the 
promotion  of  exports  of  European  clean 
solid fuel technology. 

at  promoting 

aimed 

Article 4 

Article 4 

All  costs relating  to  the  actions  referred  to 
in  Article  3  a)  shall  be  borne  by  the 
Community. 

All  costs  relating  to  the  actions  referred  to 
in  Article  3  a)  shall  be  borne  by  the 
Community. 

The level of funding  for the actions referred 
to  in Article  3 b)  shall  be  between  30 and 
50% of their total cost. 

The level of funding  for the actions referred 
to  in Article  3 b)  shall  be between  30 and 
50% of their total cost. 

The  balance  of  the  funding  of  the  actions 
referred  to in Article  3 b) may be made up 
from  either  public  or  private  sources  or 
from a combination of the two. 

The  balance  of  the  funding  of  the  actions 
referred  to in Article 3 b) may be made up 
from  either  public  or  private  sources  or 
from a combination of the two. 

kP 

Article 5 

Article 5 

The  Commission  shall  establish  guidelines 
for  the  support  measures  referred  to  in 
Article  3 b)  each  year,  in  consultation  with 
the committee provided  for in Article 7.1. 

The  Commission  shall  establish  guidelines 
for  the  support  measures  referred  to  in 
Article  3 b)  each  year,  in  consultation  with 
the committee provided  for  in Article 7.1. 

to 

initiatives  referred 

The  proposed 
in 
Article  3 and the  list  of bodies which  are to 
implement them shall be submitted  annually 
by  the  Member  States  to  the  Commission, 
level  and 
which  shall  decide  on 
conditions 
funding 
according  to  the  procedure  provided  for  in 
Article  7.  The  Commission  shall  sign 
contracts  relating  to  the  support  measures 
with those bodies. 

the 
Community 

of 

to 

initiatives  referred 

The  proposed 
in 
Article 3 and the  list  of bodies  which  are to 
implement them shall be submitted  annually 
by  the  Member  States  to  the  Commission, 
level  and 
which  shall  decide  on 
conditions 
funding 
according  to  the  procedure  provided  for  in 
Article  7.  The  Commission  shall  sign 
contracts  relating  to  the  support  measures 
with those bodies. 

the 
Community 

of 

Article 6 

Article 6 

The  Commission  shall  be  responsible  for 
the implementation of the programme. 

The  Commission  shall  be  responsible  for 
the implementation of the programme. 

implementation  of 

For  the 
the  actions 
referred  to  in  Article  3  a)  and  b)  the 
Commission  shall  apply  the  procedure  laid 
down in Article 7. 

the 

implementation  of 

For 
the  actions 
referred  to  in  Article  3  a)  and  b)  the 
Commission  shall  apply  the  procedure  laid 
down in Article 7. 

Article 7 

Article 7 

The  Commission  shall  be  assisted  by  the 
Committee  referred  to  in  article  4  of  the 
Council  decision  setting  up  a  multiannual 
Energy Framework  Programme. 

The  Commission  shall  be  assisted  by  the 
Committee  referred  to  in  article  4  of  the 
Council  decision  setting  up  a  multiannual 
Energy Framework  Programme. 

Article 7 a 

During  the  first  year  of  the  programme 
to  the 
the  Commission  shall  report 
Parliament  on  the  extent  and  type  of 
existing solid fuels generating  capacity. 

Article 8 

Article 8 

the 

During 

third  year  of 

1. 
the 
programme, the Commission  shall present a 
report to the European Parliament  and to the 
Council  on the  results  achieved.  The  report 
shall  be  accompanied  by  proposals  for  any 
amendments  which  might  be  necessary  in 
the light of these results. 

the 

During 

1. 
third  year  of  . the 
programme, the Commission  shall present a 
report to the European Parliament  and to the 
Council  on the  results  achieved.  The  report 
shall  be  accompanied  by  proposals  for  any 
amendments  which  might  be  necessary  in 
the light of these results. 

1*4 

the 

shall 

2. 
On  expiry  of  the  programme,  the 
results 
Commission 
assess 
obtained,  the  application  of  this  Decision 
and 
the  consistency  of  national  and 
Community actions. It shall present  a report 
thereon  to  the  European  Parliament,  the 
Social 
Council, 
Committee  and 
the 
Regions. 

the  Committee  of 

the  Economic 

and 

the 

shall 

2. 
On  expiry  of  the  programme,  the 
results 
Commission 
assess 
obtained,  the  application  of  this  Decision 
and 
the  consistency  of  national  and 
Community  actions. It shall present  a report 
thereon  to  the  European  Parliament,  the 
and  Social 
Council, 
Committee  and 
the 
Regions. 

the  Committee  of 

the  Economic 

Article 9 

Article 9 

The programme  shall  be  open  to  associated 
Central  and  East  European  countries  in 
accordance  with  the  conditions,  including 
financial  arrangements,  agreed  on  in  the 
Additional  Protocols  to  the  Association 
Agreements, 
in 
Community  programmes.  The  programme 
shall  be  open  to  Cyprus  on  the  basis  of 
additional  appropriations 
in  accordance 
with  the  same  rules  as  those  applied  to  the 
EFTA countries  following  procedures  to  be 
agreed on with the countries concerned. 

participation 

for 

The programme  shall be  open  to  associated 
Central  and  East  European  countries  in 
accordance  with  the  conditions,  including 
financial  arrangements,  agreed  on  in  the 
Additional  Protocols  to  the  Association 
Agreements, 
in 
Community  programmes.  The  programme 
shall  be  open  to  Cyprus  on  the  basis  of 
additional  appropriations 
in  accordance 
with  the  same  rules  as those  applied  to  the 
EFTA  countries  following  procedures  to be 
agreed on with the countries concerned. 

participation 

for 

Article 10 

Article 10 

This  Decision  is  addressed  to  the  Member 
States. 

This  Decision  is  addressed  to  the  Member 
States. 

Done at Brussels, 

Done at Brussels, 

For the Council 

The President 

For the Council 

The President 

t/4 

Amended proposal for a 

COUNCIL DECISION 

adopting a 

MULTIANNUAL PROGRAMME OF ACTIONS IN THE NUCLEAR SECTOR, 

RELATING TO THE SAFE TRANSPORT OF RADIOACTIVE MATERIALS AND 

TO SAFEGUARDS AND INDUSTRIAL COOPERATION 

TO PROMOTE SAFETY FEATURES OF NUCLEAR INSTALLATIONS 

IN COUNTRIES PARTICIPATING IN THE TACIS PROGRAMME (1998-2002). 

(SURE programme) 

cp 

Amended Proposal for a Council Decision 

adopting a 

98/0234 (CNS) 

PROPOSAL FOR A COUNCIL DECISION ADOPTING A MULTIANNUAL PROGRAMME OF 
ACTIONS IN THE NUCLEAR  SECTOR, RELATING TO THE SAFE TRANSPORT OF 
RADIOACTIVE MATERIALS AND TO SAFEGUARDS AND INDUSTRIAL COOPERATION TO 
PROMOTE  SAFETY  FEATURES OF NUCLEAR INSTALLATIONS  IN COUNTRIES 
PARTICIPATING  IN THE TACIS PROGRAMME  (1998-2002). 
(SURE  programme) 

ORIGINAL  TEXT 

AMENDED TEXT 

THE  COUNCIL OF THE EUROPEAN  UNION, 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the 
European Atomic Energy Community,  and in 
particular Article 203 thereof, 
Having regard to the proposal from  the 
Commission,* 
Having regard to the opinion of the European 
Parliament,^ 

Having regard to the Treaty establishing the 
European Atomic Energy Community, and in 
particular Article 203 thereof, 
Having regard to the proposal from the 
Commission, 1 
Having regard to the opinion of the European 
Parliament,^ 

Whereas the desire to promote safeguards  for the use 
of nuclear materials as well as a high degree of safety 
are fundamental  objectives  of Community energy 
policy in the nuclear  field;  whereas a  specific 
programme to promote certain actions related  to 
nuclear safeguards  and safety  should therefore be 
implemented within the multiannual  framework 
programme for actions in the energy sector (1998-
2002); 
Whereas the use of nuclear energy to  produce 
electricity and the increasing use of radioactive 
materials in the health  sector,  industry and research 
mean that more radioactive materials are being 
transported,  whereas the desire to  increase safety in 
the nuclear field  must therefore  lead to an 
improvement in the safety  conditions under which 
radioactive materials are transported; 
Whereas the Community cannot  disregard the 
situation prevailing in the nuclear sector  in the 
countries participating in the TACIS  programme; 

Whereas the desire to promote safeguards  for the use 
of nuclear materials as well as a high degree of safety 
are fundamental  objectives  of Community energy 
policy in the nuclear  field;  whereas a specific 
programme to promote certain actions related to 
nuclear safeguards  and safety should therefore be 
implemented within the multiannual  framework 
programme for  actions in the energy sector (1998-
2002); 
Whereas the use of nuclear energy to produce 
electricity and the increasing use of radioactive 
materials in the health  sector, industry and research 
mean that more radioactive materials are being 
transported;  whereas the desire to increase safety in 
the nuclear field must therefore  lead to an 
improvement  in the safety  conditions under which 
radioactive materials are transported; 
Whereas the Community cannot disregard the 
situation prevailing in the nuclear sector in the 
countries participating in the TACIS programme; 

uu 

whereas it can help to ensure nuclear safeguards in 
those countries by passing on the benefits  of its 
experience and to promote high safety  standards for 
nuclear equipment design and maintenance by 
encouraging industrial  cooperation; 

Whereas it is politically and economically desirable to 
open up the programme to associated  Central and 
Eastern European countries, in accordance with the 
conclusions of the European Council  held in 
Copenhagen in June  1994 and as stated in the 
communication on this subject  presented to the 
Council by the Commission  in May  1994, as well as 
to Cyprus; 

Whereas the Treaty establishing the European 
Atomic Energy Community does not provide powers 
for the adoption of this programme other than those 
in Article 203; 

whereas it can help to  ensure nuclear safeguards in 
those countries by passing on the benefits of its 
experience and to promote high safety standards for 
nuclear equipment design and maintenance by 
encouraging industrial  cooperation; 
Whereas the establishment  of an. effective and 
reliable safeguards  system  and the compliance of 
nuclear equipment  and  installations with 
internationally  recognised  high safety  standards 
are priority areas for the negotiations on 
enlargement of the European  Union; 
Whereas it is politically and economically desirable to 
open up the programme to associated  Central and 
Eastern European countries, in accordance with the 
conclusions of the European  Council held in 
Copenhagen in June  1994 and as stated  in the 
communication  on this subject  presented to the 
Council by the Commission  in May  1994, as well as 
to Cyprus; 
Whereas it is important to improve public 
information  in the areas covered  by the 
programme and to regularly inform  the 
European Parliament  and the Council on the 
implementation  of the programme; 
Whereas the Treaty establishing the European 
Atomic Energy Community  does not provide powers 
for the adoption of this programme other than those 
in Article 203; 

HAS ADOPTED THIS  DECISION: 

HAS ADOPTED THIS  DECISION: 

Article 1 

Article 1 

I. 

II. 

Within the framework  programme for  actions 
in the energy sector a specific  programme of 
actions in the nuclear sector,  relating to the 
safe transport of radioactive materials and to 
safeguards  and industrial  cooperation  to 
promote safety  features  of nuclear 
installations in countries participating in the 
TACIS programme, hereinafter  referred  to as 
"SURE", shall be implemented  by the 
Community for the period  1998-2002. 
Apart from  the priority objectives referred  to 
in Article  1(2) of the Council  decision 
adopting a multiannual  framework 
programme for  actions in the energy  sector, 
the objectives of the SURE programme shall 
be: 

I. 

II. 

Within the framework  programme for actions 
in the energy sector a specific programme of 
actions in the nuclear  sector, relating to the 
safe transport  of radioactive materials and to 
safeguards  and industrial cooperation to 
promote safety  features  of nuclear 
installations in countries participating in the 
TACIS programme, hereinafter  referred  to as 
"SURE", shall be implemented  by the 
Community for  the period  1998-2002. 
Apart from  the priority objectives referred  to 
in Article  1(2) of the Council decision 
adopting a multiannual  framework 
programme for  actions in the energy sector, 
the objectives  of the  SURE programme shall 
be: 

kS" 

A. 

B. 

C. 

to improve the conditions for the safe 
transport of radioactive materials in 
the European Community; 
to help to establish in countries 
participating in the TACIS programme 
an effective  and reliable system of 
safeguards through cooperation 
measures; 
to promote cooperation with those 
countries and exchange of know-how 
within the nuclear industry in order to 
help them meet the internationally 
recognised high safety standards for 
nuclear equipment and installations. 

A. 

B. 

C. 

to improve the conditions for the safe 
transport of radioactive materials in 
the European Community; 
to help to establish in countries 
participating in the TACIS programme 
an effective and reliable system of 
safeguards through cooperation 
measures; 
to promote cooperation with those 
countries and exchange of know-how 
within the nuclear industry in order to 
help them meet the internationally 
recognised high safety standards for 
nuclear equipment and installations. 

Article 2 

Article 2 

The annual appropriations shall be authorised by the 
budgetary authority within the limits of the financial 
perspectives. 

The annual appropriations shall be authorised by the 
budgetary authority within the limits of the  financial 
perspectives. 

Article 3 

Article 3 

In order to achieve the objectives referred to in 
Article 1, the Community shall contribute in 
particular to the funding of actions which: 

In order to achieve the objectives referred to in 
Article  1, the Community shall contribute in 
particular to the funding of actions which: 

1.  in the field of the safe transport of radioactive 

1.  in the field of the safe transport of radioactive 

materials: 

materials: 

-  facilitates the functioning  of the internal 

market by identifying those harmonisation 
measures which are called for: 

help to improve legislation further by 
developing experimentation and 
know-how; 

evaluate technically incidents which have 
occurred during transport and learn the 
lessons for the future; 

H6 

-  facilitates the functioning of the internal 

market by identifying those harmonisation 
measures which are called for; 

-  help to increase safety standards by 

standardising requirements at a high 
level; 

-  help to improve legislation further by 

developing experimentation and 
know-how; 

-  help to improve cooperation and the 
exchange of information  between  the 
monitoring authorities in the EU and in 
the countries participating in the 
programme; 

-  evaluate technically incidents which have 
occurred during transport and learn the 
lessons for the future; 

-  propose a uniform, efficient  system of 
obligations on the part of licence-
holders to report to the monitoring 
authorities  in  the  event  of an  incident; 

-  make transport  emergency  procedures 

more consistent  and give those involved 
more training; 

-  cooperate with countries participating in 
the TACIS programme to help them 
improve transport  safety  in their own 
countries; 
improve public  information, 
comprehension  and awareness in this area. 

- 

-  make transport  emergency procedures 

more consistent and give those involved 
more training; 

-  cooperate with countries participating in 
the TACIS programme to help them 
improve transport  safety in their own 
countries; 
improve public  information, 
comprehension  and awareness in this area. 

- 

In the field of safeguards  in countries  participating 
in the TACIS  programme: 

2.  In the field of safeguards  in countries participating 

in the TACIS programme: 

A. 

training, familiarisation,  testing, 
retraining and technological  upgrading of 
experts from  those countries in the matter 
of nuclear  safeguards; 

B. 

cooperation  on the implementation  of 
accounting and control  systems for  nuclear 
materials; 

C. 

installation  of modern logistical, 
evaluation  and control  equipment  and the 
training relating thereto. 

A. 

training, familiarisation,  testing, 
retraining and technological upgrading of 
experts from  those countries in the matter 
of nuclear  safeguards; 

B. 

cooperation  on the implementation of 
accounting and control systems for nuclear 
materials; 

C. 

installation of modern logistical, 
evaluation and control equipment and the 
training relating thereto. 

3. In the field of industrial cooperation  on nuclear 
matters with the countries participating in the 
TACIS programme: 

3. In the field of industrial cooperation on nuclear 
matters with the countries participating in the 
TACIS programme: 

A. analyse the industrial, administrative, legal 
and financial context  specific to each of 
them; 

B. encourage industrial  cooperation  measures 

capable of transferring  the European 
technologies for nuclear  safety; 

C. facilitate the cooperation  of partners  from 
the European  Community and  countries 
participating  in the TACIS programme in 
the development  of joint  industrial 
projects. 

A. analyse the industrial, administrative, legal 
and financial  context specific to each of 
them; 

B. encourage industrial cooperation measures 

capable of transferring the European 
technologies for nuclear safety; 

C. facilitate the cooperation of partners from 
the European Community and countries 
participating in the TACIS programme in 
the development  of joint industrial  projects 
allowing the implementation of 
equivalent safety standards. 

Article 4 

Article 4 

The level of funding  for the actions and  measures 
referred  to in Article 3 shall be between  80 and  100% 
of their total  cost. 

The level of funding  for the actions and measures 
referred  to in Article 3 shall be between 80 and  100% 
of their total  cost. 

3  Council Decision  no 

of. 

</7 

Article 5 

Article 5 

1.  The Commission  shall be responsible for the 

financial  execution and implementation  of the 
SURE programme. 

1.  The Commission  shall be responsible for the 
financial  execution  and implementation of the 
SURE programme. 

2.  To these ends, the Commission  shall be assisted 
by the Committee referred  to in Article 4 of the 
Council Decision adopting the multiannual 
framework  programme for  actions in the energy 
sector3. 

2.  To these ends, the Commission  shall be assisted 
by the Committee referred  to in Article 4 of the 
Council Decision adopting  the multiannual 
framework  programme for  actions in the energy 
sector* . 

3.  The Commission  shall  draw  up each year a 

draft  programme of actions to be undertaken 
during the following yean which is submitted 
to the Committee referred  to in paragraph 2. 
The Commission  shall  regularly inform the 
European  Parliament  and  the Council on the 
implementation  of the  programme; 

Article 6 

Article 6 

The examination and internal and external assessment 
of the implementation of this programme shall be 
carried out in accordance with Article 5 of the 
Council Decision adopting a multiannual  framework 
programme for  actions in the energy sector. 

The examination and internal  and external assessment 
of the implementation of this programme shall be 
carried out in accordance with Article 5 of the 
Council Decision adopting  a multiannual  framework 
programme for  actions in the energy sector. 

Article 7 

Article 7 

The SURE programme shall be open to  participation 
by associated  Central and Eastern  European 
countries (CEEC) in accordance with the conditions, 
including financial provisions, laid down  in the 
additional protocols to the Association  Agreements 
or in the Association Agreements themselves, 
relating to participation  in Community  programmes. 
The programme shall also be open to participation by 
Cyprus, on the basis of additional  appropriations, 
under the same rules as those applied to EFTA/EEA 
countries, in accordance with procedures to be 
agreed with that  country. 

The SURE programme shall be open to participation 
by associated  Central and Eastern  European 
countries (CEEC) in accordance with the conditions, 
including financial  provisions, laid down in the 
additional protocols to the Association  Agreements 
or in the Association  Agreements themselves, 
relating to participation  in Community programmes. 
The programme shall also be open to participation by 
Cyprus, on the basis of additional  appropriations, 
under the same rules as those applied to EFTA/EEA 
countries, in accordance with procedures to be 
agreed with that  country. 

Article 8 

Article 8 

This Decision shall enter into force  on the 20th day 
following  its publication in the Official  Journal of the 
European Communities. 

This Decision shall enter into force  on the 20th day 
following  its publication  in the Official  Journal of the 
European  Communities. 

k& 

Article 9 

Article 9 

This Decision is addressed to the Member States. 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

Done at Brussels, 

For the Council 
The President 

(p<\ 

ISSN 0254-1475 

COM(98) 607 final 

DOCUMENTS 

EN 

12  15  10  01 

Catalogue  number  :  CB-CO-98-596-EN-C 

Office  for  Official  Publications  of the European  Communities 

L-2985 Luxembourg 

<c, f'—Ï