1999/21/EC, Euratom: Council Decision of 14 December 1998 adopting a multiannual framework programme for actions in the energy sector (1998-2002) and connected measures
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: EU programme, energy policy

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 December 1998

adopting a multiannual framework programme for actions in the energy sector
(1998-2002) and connected measures

(1999/21/EC, Euratom)

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
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 Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of the Committee of the
Regions (4),

(1) 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;
whereas the Council adopted a resolution on this
White Paper on 8 July 1996 (5);

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

(3) Whereas the Community’s dependence on external
energy supplies is set to increase significantly in
the years to come;

(1) OJ C 46, 11. 2. 1998, p. 7.
(2) OJ C 328, 26. 10. 1998.
(3) OJ C 214, 10. 7. 1998, p. 44.
(4) OJ C 315, 13. 10. 1998, p. 1.
(5) OJ C 224, 1. 8. 1996, p. 1.

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

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

(6) Whereas, in view of the strategic challenges facing
the Community, the objectives of energy actions
should focus in particular on security of supply,
competitiveness and protection of
the environ-
ment;

(7) Whereas the balanced achievement of these objec-
tives requires particular attention to be devoted to
the transparency, coherence and coordination of all
of the energy actions taken at Community level;

(8) Whereas the Council, when it adopted Regulation
(EC) No 701/97 of 14 April 1997 amending a
programme to promote international cooperation
in the energy sector — Synergy programme (6),
it would be opportune for the
considered that
Commission to present a communication on all
the Community programmes with an energy
component, which could be followed by a proposal
on the establishment of a framework programme
for energy;

(6) OJ L 104, 22. 4. 1997, p. 1. Regulation as amended by Regu-

lation (EC) No 2598/97 (OJ L 351, 23. 12. 1997, p.16)

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from which it

(9) Whereas the Commission presented a commun-
ication ‘An overall view of energy policy and
actions',
the
Community is pursuing a great many actions, but
that these are scattered either between different
energy policy programmes or various Community
policies;

emerges

that

(10) Whereas it is necessary to ensure the management,
complementarity and optimum use of budget
resources;

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

(12) Whereas this coherent and effective policy must
apply both to energy policy programmes as such
other
and
Community policies;

components

energy

the

of

to

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

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

(15) Whereas the horizontal programmes cover shared
analyses and market monitoring, and international
energy cooperation;

energy

sources,

(16) Whereas the thematic programmes concern the
promotion of
the
renewable
promotion of energy efficiency, the promotion of
clean and efficient use of solid fuels, and actions in
the nuclear sector, relating to the safe transport of
radioactive materials and to safeguards and indus-
trial cooperation to promote certain aspects of the
safety of nuclear
installations in the countries
currently participating in the TACIS programme;

(17) Whereas, in view of the context and the specific
structures within which energy actions relating to
trans-European networks are conducted, the struc-
tures and the manner in which such actions are
implemented should be maintained in the appro-
priate framework;

(18) 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 the arrangements and
procedures of
the RTD framework programme;
whereas, however, cooperation and coordination
with the other structures should be enhanced;

(19) Whereas

the principle of

seeking the greatest
possible coherence calls for the setting up of a
single committee for the whole of the framework
programme and its constituent actions;

(20) Whereas

the single committee will assist

the
Commission in ensuring the greatest possible
transparency and the dissemination of information
between all
the parties concerned; whereas a
summary report on energy actions undertaken
under various Community policies
should be
presented to this committee in order to ensure
greater consistency of such actions; whereas,
in
view of the variety and 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 ensure that duplication of
work between the programmes of this framework
in relation to other
as
programme
programmes of the Community will be avoided;

as well

(21) Whereas, on the basis of key energy policy indica-
tors, regular reports should be drawn up on the
framework programme;
implementation of
whereas, notwithstanding the systematic, regular
evaluation
framework
programme and its specific programmes should be
the subject of a mid-term review by independent
experts;

actions,

this

this

the

of

(22) Whereas, without prejudice to the role of Member
States and taking into account the principle of
subsidiarity and the principle of proportionality in
accordance with Article 3b of the Treaty estab-
lishing the European Community, the above ob-
jectives of energy policy and the boosting and co-
ordination of energy actions carried out under the
energy policy proper and in the framework of other
Community policies should also be implemented
at Community level;

(23) Whereas provision for the participation of third
specific

be made

in the

should

countries
programmes;

(24) Whereas a financial reference amount within the
meaning of point 2 of the Declaration by the Euro-
pean Parliament, the Council and the Commission
of 6 March 1995 (1), is included in this Decision for
the entire duration of this framework programme,
without thereby affecting the powers of the bud-
getary authority as they are defined by the Treaties;
whereas account should be taken of the fact that a
new financial perspective will be negotiated during
the course of this framework programme; whereas,
once the next financial perspective is drawn up, the
funding of actions carried out in the priority areas
of promotion of renewables and energy efficiency
could be reviewed;

(1) OJ C 102, 4. 4. 1996, p. 4.

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(25) Whereas

the adoption of

the Treaty establishing the European
Community and the Treaty establishing the Euro-
pean Atomic Energy Community do not provide
powers for
the
purpose of which is the coordination of all aspects
of energy policy, other than those provided for in
Article 235 and Article 203 of those Treaties re-
spectively; whereas the specific programmes which
will
this framework programme will
each be adopted on the appropriate legal basis,

this Decision,

implement

HAS ADOPTED THIS DECISION:

Article 1

1. A multiannual
for
Community actions in the field of energy, hereinafter
referred to as the ‘framework programme',
is hereby
adopted for the period 1998-2002.

programme

framework

2.
This framework programme shall primarily con-
tribute to the balanced pursuit of the following priority
objectives of energy policy:

— security of supply,
— competitiveness,
— protection of the environment.

This framework programme shall continue to greater
3.
transparency, coherence and coordination of all
the
Community’s actions and other measures in the field of
energy, as well as to an efficient use of financial resources,
and ensure that these measures combine effectively with
the actions taken in the framework of other Community
policies.

Complementarity with relevant initiatives of the Member
States,
conducted for
example in the framework of research policy or trans-
European networks, shall be sought.

and Community

inititiatives

(f) activities in the nuclear sector relating to safe trans-
port of radioactive materials and also to safeguards and
industrial cooperation in order to promote safety in
nuclear facilities in countries included in the TACIS
programme.

Each specific programme,

the duration of which
2.
shall coincide with the period of application of
this
framework programme, shall set out the arrangements for
its implementation.

Implementation of this framework programme may
3.
to additional Community
give rise, within its scope,
initiatives in accordance with the procedures of
the
Treaties. It may also lead to cooperation with third coun-
tries or international organisations.

Article 3

1.
The financial reference amount for the implementa-
tion of this framework programme shall be ECU 170
million. Of this amount, ECU 68 million is for the period
1998 to 1999.

The financial reference amount for the period 2000 to
2002 shall be reviewed if the amount of ECU 102 million
is not consistent with the financial perspective for that
period.

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

Financial reference amounts shall also be established for
each specific programme.

The detailed rules for financial participation by the
2.
framework
Community in actions
programme shall be laid down in accordance with the
provisions of the Financial Regulation of 21 December
1977 applicable to the general budget of the European
Communities (1).

taken under

this

Article 2

Article 4

1.
This framework programme shall be implemented
through six specific programmes of a horizontal or
thematic nature corresponding to the following actions:

(a) development, in cooperation with the Member States,
of a programme for regular monitoring of the evolu-
tion of the energy markets and trends, so that policy
decisions relating to energy can be taken on the basis
of a shared analysis;

(b) reinforcement, within the scope of this framework
international cooperation in the

programme, of
energy field;

(c) promotion of renewable energy sources;

(d) encouragement of rational and efficient use of energy

resources;

1.
The Commission shall be responsible for the imple-
mentation of this framework programme and for drafting
guidelines applicable to the actions and measures to be
taken under each of
its specific programmes. These
guidelines shall be adopted in accordance with the rules
set out in paragraph 2.

The Commission shall present annually a summary report
on energy
various
actions undertaken under
Community policies to the Committee referred to in
paragraph 2.

the

The Commission shall be assisted in the manage-
2.
ment of
this framework programme by a Committee
composed of representatives of the Member States and
chaired by the representative of the Commission.

(e) promotion of the use of environmentally compatible

technologies in the solid fuels sector;

(1) OJ L 356, 31. 12. 1977, p. 1. Regulation as last amended by
Regulation (EC) No 2444/97 (OJ L 340, 11. 12. 1997, p. 1).

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The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according
to the urgency of the matter. The opinion shall be deliv-
ered by the majority laid down in Article 148(2) of the
Treaty establishing the European Community in the case
of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the re-
presentatives of the Member States within the Committee
shall be weighted in the manner set out in that Article.
The Chairman shall not vote.

The Commission shall adopt measures which shall apply
in
immediately. However,
accordance with the opinion of the Committee, they shall
be communicated by the Commission to the Council
forthwith. In that event:

these measures are not

if

the Commission shall defer application of the measures
which it has decided for a period of not more than three
months from the date of such communication,

the Council, acting by qualified majority, may take a
different decision within the time limit referred to in the
previous subparagraph.

Article 5

The Commission shall examine each year the state
1.
of implementation of this framework programme and its
specific programmes. It shall assess the overall effective-
ness of this framework programme, the scope of which is
defined in Article 2(1), including improvements in co-
ordination between actions with an energy component,
and its contribution to the objectives of Community
policy. It shall also assess whether the objectives, priorities
and financial
resources are still appropriate to the
changing situation. The Commission shall report on the
results of this assessment to the European Parliament and
the Council and, if necessary, submit proposals to adapt
or supplement
this framework programme and/or its
specific programmes.

In the third year of the period of application of this
2.
framework programme and at all events before submitting
its proposals for the establishment of a subsequent frame-
work programme, the Commission shall have an external
the
assessment conducted by independent experts of
overall implementation of the Community actions carried
out under this framework programme. The Commission
shall communicate the conclusions thereof, together with
its comments, to the European Parliament, the Council,
the Economic and Social Committee and the Committee
of the Regions. Before sending these conclusions and
comments, the Commission shall consult the Committee
referred to in Article 4(2).

The independent experts referred to in paragraph 2
3.
shall be appropriately qualified and chosen by the
Commission in a balanced manner.

Article 6

Before the end of 2000, the Council, in accordance with
the relevant provisions of
the Treaty establishing the
European Community and the Treaty establishing the
European Atomic Energy Community, shall review this
framework programme for the remaining period of its
duration on the basis of a communication from the
Commission taking into account the priorities of energy
activities, and in particular of the SAVE (1) and Altener (2)
programmes.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 14 December 1998.

For the Council

The President

W. MOLTERER

(1) OJ L 335, 24. 12. 1996, p. 50.
(2) OJ L 159, 3. 6. 1998, p. 53.