1999/23/EC: Council Decision of 14 December 1998 adopting a multiannual programme to promote international cooperation in the energy sector (1998-2002)
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: EU programme, energy policy, international cooperation

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Official Journal of the European Communities

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COUNCIL DECISION

of 14 December 1998

adopting a multiannual programme to promote international cooperation in the
energy sector (1998-2002)

(1999/23/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parlia-
ment (1),

Having regard to the opinion of the Economic and Social
Committee (2),

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

(1) Whereas,

the competitiveness of
for reasons of
Community businesses,
supply and
security of
protection of the environment, energy matters are
an important element in the Community’s inter-
national activities;

(2) Whereas the Community’s accession to the Energy
Charter Treaty and the United Nations Framework
Convention on Climate Change commits it
to
continue with international cooperation in the
energy field;

(3) Whereas the Council conclusions of 18 November
1992 on the guidelines for cooperation with the
developing countries for clean and efficient energy
technology stressed that an essential objective of
energy cooperation with all developing countries
was the implementation of effective energy poli-
cies;

(4) Whereas, as stressed in the Council resolution of 8
July 1996 on the White Paper ‘An energy policy
for the European Union' (4), energy developments
in the Community are increasingly influenced by
external developments and efforts must therefore
be made to ensure that the Community develops a
coherent and consistent approach to energy matters
with third countries;

(5) Whereas the Community is engaged in inter-
national
various
activities
programmes; whereas these activities should be

energy

under

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

coordinated more closely so as to ensure that they
are consistent;

(6) Whereas, in order to ensure that Community aid is
used efficiently and duplication of work avoided,
the Commission is to ensure that projects are
subject to thorough prior appraisal; whereas it will
systematically monitor and evaluate the progress
and results of supported projects;

(7) Whereas coordination of the Community instru-
ments for international action in the energy sector
and other similar international programmes should
be reinforced;

(8) Whereas, by reason of their wide-ranging nature,
the principal objectives of this programme can be
attained best at Community level;

(9) Whereas it is necessary to establish a specific legal
instrument
international
cooperation activities in the field of energy policy;

the Community’s

for

(10) Whereas provision should therefore be made
within the multiannual framework programme for
actions in the energy sector (1998-2002) adopted by
Decision 1999/21/EC, Euratom (5)
for a specific
international
reinforcement of
programme for
cooperation in the energy field; whereas
this
specific programme would replace Council Regula-
tion (EC) No 701/97 of 14 April 1997 amending a
programme to promote international cooperation
in the energy sector — Synergy programme (6);

(11) Whereas, according to the resolution of 8 July
1996, political and trade relations are essential
components of energy policy and, accordingly, the
Community’s
cooperation
measures should be integrated more effectively in
its external policy as a whole;

international

energy

(12) Whereas

the objectives of energy cooperation
pursuant to this programme should be to improve
the competitiveness of Community businesses, to

(5) See page 16 of this Official Journal.
(6) OJ L 104, 22. 4. 1997, p. 1. Regulation as amended by Regu-
lation (EC) No 2598/98 (OJ L 351, 23. 12. 1997, p. 16).

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enhance security of supply, to promote sustainable
development and to improve energy efficiency;
whereas such cooperation may be put into effect by
cooperating in, and co-financing, projects;

The financial reference amount for the period 2000 to
2002 shall be reviewed if the amount of ECU 9 million is
not consistent with the financial perspective for that
period.

(13) Whereas such cooperation should be anchored in
an indicative programme and may be the subject of
agreements with the States concerned or with inter-
national networks of study and research centres;

(14) Whereas, since the cooperation 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 (1);

(15) 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 (2), is included in this Decision for
this programme, without
the entire duration of
thereby affecting the powers of
the budgetary
authority as they are defined by the Treaty; whereas
account should be taken of the fact that a new
financial perspective will be negotiated during the
course of this programme;

(16) Whereas the Treaty does not provide powers for
the adoption of this Decision, other than those in
Article 235 thereof,

HAS ADOPTED THIS DECISION:

Article 1

1. Within the multiannual framework programme for
actions in the energy sector, a specific programme for
reinforcement of international cooperation in the energy
field, hereinafter referred to as ‘the Synergy programme',
shall be implemented by the Community for the period
1998-2002.

2.
In addition to the priority objectives listed in Article
1(2) of Decision 1999/21/EC, Euratom, the objectives of
the Synergy programme shall be to:

— provide assistance to third countries with the defini-
formulation and implementation of energy

the
Community and third countries in the energy sector.

cooperation

industrial

between

tion,
policy,
— promote

Article 2

1.
The financial reference amount for the implementa-
tion of the Synergy programme shall be ECU 15 million.
Of this amount, ECU 6 million is for the period 1998 to
1999.

(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).

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

The annual appropriations shall be authorised by the
the financial

2.
budgetary authority within the limits of
perspective.

Article 3

1.
In order to achieve the objectives laid down in
Article 1, the Community shall contribute, in particular,
to the financing of activities concerning:

— energy policy advice and training,
— energy analyses and forecasting,
— closer dialogue and exchanges of

information on
energy policy, notably by means of organisation of
conferences and seminars,

— support to regional transboundary cooperation,
— improvement of the framework for industrial coopera-

tion on energy.

No funding may be granted to research, development and
demonstration projects.

The Commission shall be assisted, for the purposes
2.
of
implementing the Synergy programme, by the
Committee referred to in Article 4 of Decision 1999/
21/EC, Euratom.

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

Article 4

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

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

Financing decisions and any contracts

3.
resulting
therefrom shall expressly provide, inter alia, for accep-
tance by the beneficiaries of supervision by the Commis-
sion and the Court of Auditors, which may be carried out
on the spot if necessary.

Article 5

1. An action programme, based on the indicative
programme set out in the Annex, shall be adopted in
accordance with the procedure provided for in Article 4
of Decision
action
programme shall include a list of the main projects to be
financed

Euratom. This

1999/21/EC,

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this
within the activities referred to in Article 3 of
Decision. The content of the action programme shall be
determined so as to provide Member States with the rel-
evant information to enable the committee referred to in
Article 3(2) of this Decision to give its opinion.

Specific agreements may be concluded with third
2.
countries and international organisations in order
to
define the main lines of cooperation with the countries
concerned and the consultation procedures regarding
implementation of the action programme.

3. Contracts may also be concluded with international
networks of study and research centres in order to define
the contribution of these networks to the achievement of
the objectives of the action programme.

Article 6

The Commission shall

1.
implement operations in
accordance with the action programme referred to in
Article 5.

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.

Supply contracts, where needed to supplement service
contracts and limited to the objectives of the Synergy
programme, shall be awarded by means of open invita-
tions 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 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 coun-
tries, subject to reciprocity being granted by these coun-
tries.

Taxes, duties and the purchase of immovable prop-

3.
erty shall not be funded by the Community.

In the case of co-financing,

4.
the participation of
enterprises from the third countries concerned in invita-
tions to tender and contracts may be authorised by the
Commission on a case-by-case basis. The Commission

shall render account thereof in the assessment conducted
pursuant to Article 8.

Article 7

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

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

the

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

international

instruments

for

Article 8

Examination and internal and external assessment of the
the Synergy programme shall be
implementation of
carried out
in accordance with Article 5 of Decision
1999/21/EC, Euratom.

Article 9

This Decision shall repeal and replace Regulation (EC)
No 701/97.

Article 10

This Decision is addressed to the Member States.

Done at Brussels, 14 December 1998.

For the Council

The President

W. MOLTERER

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ANNEX

INDICATIVE ACTION PROGRAMME

For the purposes of implementing the Synergy programme and drawing up the action programme, the
following guidelines shall be taken into account.

The tasks of the Synergy programme are to help achieve the Community’s energy objectives as set out in
Article 1 of Decision 1999/21/EC, Euratom, namely:

— security of supply,

— competitiveness,

— protection of the environment.

Each of these objectives has a sizeable external component. The Synergy programme will implement actions
in line with its objectives and ensure closer coordination of international cooperation activities in the field of
energy policy being conducted elsewhere in the Community.

I. AREAS OF COOPERATION LINKED TO THE COMMUNITY’S ENERGY OBJECTIVES

A. Activities pursuant to all three objectives:

— advising third countries on energy policy,

— encouraging energy efficiency in third countries,

— developing local and, in particular, renewable energy sources,

— encouraging regional energy integration,

— promoting consistency in the implementation of Community programmes in specific regions (e.g.
the Black Sea, the Caspian Sea, the Mediterranean, the Baltic Sea and the Persian Gulf regions).

B. Competitiveness:

— supporting the development of cooperation designed to strengthen the presence of European

players on key markets in the energy sector, in particular Asia and Latin America,

— advising third countries on organisation of the energy sector,

— supporting liberalisation and opening-up of the energy sector, helping third countries to draw up
energy policies in this new situation, in particular in conformity with the Energy Charter Treaty,

— favouring greater investment by European undertakings in the energy sector in third countries.

C. Security of supply:

— conducting dialogue with energy-producing and exporting countries: Persian Gulf, Caspian Sea,

Russia, producer countries in America, Asia and Africa,

— encouraging dialogue between the European Community and the countries which have signed the
Energy Charter Treaty, in particular with the transit and energy-producing transit countries, by
helping to implement the provisions of the Energy Charter Treaty,

— participation in, and support for, the work of international bodies in this sector: ministerial and

producer/consumer conferences, International Energy Agency,

— providing support in creating a favourable environment for investment in third countries in the
production and transit of energy, in conformity with international law, particularly the Energy
Charter Treaty and the disciplines agreed within the WTO.

D. Protection of the environment:

— training decision-makers and staff in the energy industry in third countries in environmental

awareness,

— disseminating the Community’s experience and information on energy and the environment,

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— encouraging use of clean technology, in particular for the combustion of coal in major consumers

such as China, taking the implications for energy policy into account,

— strengthening and supporting efforts to have environmental aspects taken into account in third

countries’ energy policy and planning,

— encouraging and helping third countries to plan and implement national energy supply and use

policies in keeping with each different environmental situation.

II. GEOGRAPHICAL PRIORITIES AND CONSISTENCY WITH THE COMMUNITY’S INTER-

NATIONAL COOPERATION PROGRAMMES

A. Role and priorities:

In international relations in the energy field, the Synergy programme will:

— promote energy cooperation vis-(cid:133)-vis third countries,

— aim at having its objectives taken into account in the external cooperation activities carried out by

other Community programmes,

— facilitate the emergence of energy projects financed by other Community cooperation instruments.

B. Geographical priority areas:

The Synergy programme will concentrate on the geographical priorities in the Community’s external
relations and help achieve certain of those priorities.

The areas given priority by the Synergy programme are:

— central and eastern Europe,

— newly Independent States (NIS),

— Mediterranean third countries,

— Latin America: emphasis will be placed on Mercosur, Chile, Mexico and Venezuela,

— Asia: China, India and the ASEAN countries,

— Africa.