Common Position (EC) No 9/2003 of 3 February 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council adopting a multiannual programme for action in the field of energy: "Intelligent Energy — Europe" (2003 to 2006) (Text with EEA relevance)
Date: 2003-02-03
Institutions: Council of the European Union
Subjects: action programme, competitiveness, energy policy, renewable energy, security of supply, sustainable development

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COMMON POSITION (EC) No 9/2003

adopted by the Council on 3 February 2003

with a view to the adopting Decision No . . ./2003/EC of the European Parliament and of the
‘Intelligent
Council of . . . adopting a multiannual programme for action in the field of energy:

Energy — Europe’ (2003 to 2006)

(2003/C 64 E/03)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

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

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure provided for in
Article 251 of the Treaty (4),

Whereas:

(1) Natural resources, the prudent and rational utilisation of
which is provided for in Article 174 of the Treaty, include,
apart from renewable energy sources, oil, natural gas and
solid fuels, which are essential energy sources but are also
the main sources of carbon dioxide emissions. Promoting
level to deal with regional or
measures at international
world-wide environmental problems is one of the aims
of that Article.

(2) The Commission communication entitled ‘A sustainable
Europe for a better world: A European Union strategy
for sustainable development’, presented to the Gothenburg
European Council of 15 and 16 June 2001,
includes
greenhouse gas
and pollution caused by
emissions
transport among the main obstacles to sustainable de-
velopment. Overcoming these obstacles means adopting
a new approach to Community policies to bring them
closer to individual citizens and businesses in order to
change patterns of consumption and investment.

(1) OJ C 203 E, 27.8.2002, p. 47.
(2) Opinion delivered on 18 September 2002 (OJ C 61, 14.3.2003, p.

38).

(3) Opinion delivered on 20 November 2002 (not yet published in the

Official Journal).

(4) Opinion of the European Parliament of 20 November 2002 (not yet
published in the Official
Journal), Council Common Position of
3 February 2003 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(3) The Gothenburg European Council adopted a strategy for
sustainable development and added an environmental
employment,
dimension to the Lisbon process
economic reform and social cohesion.

for

(4) Measures

relating to energy efficiency and renewable
the action
energy sources are important elements of
the Kyoto
needed to comply with the provisions of
Protocol, as provided for
in the European Climate
Change Programme (ECCP). Physical changes observed
throughout Europe and elsewhere in the world highlight
the need for urgent action.

(5) The Green Paper entitled ‘Towards a European Strategy for
the Security of Energy Supply’ notes that the European
Union is becoming increasingly dependent on external
energy sources and that
its dependence could rise to
70 % in 20 to 30 years' time (compared with 50 % at
the need to balance
stresses
present) and therefore
supply policy against clear action for a demand policy
and calls for a genuine change in consumers' behaviour
so as to orientate demand towards better managed, more
efficient and more environmentally friendly consumption,
particularly in the transport and building sectors, and to
give priority to the development of new and renewable
sources on the energy supply side in order to respond to
the challenge of global warming.

the Security of Energy Supply’ (5),

(6) In its Resolution on the Green Paper ‘Towards a European
Strategy for
the
European Parliament
identified energy efficiency and
savings as first priority. It called for the promotion of an
‘intelligent’ approach to energy use, making Europe the
most energy-efficient economy in the world.

(7) The Communication from the Commission on an action
plan to improve energy efficiency in the European
Community provides for the improvement of energy effi-
ciency by an additional 1 % a year compared with the
figure of 0,6 % which corresponds to the trend recorded
over the last ten years. If this target is met, two-thirds of
the energy-saving potential, which is estimated at 18 % of
total consumption, could be realised by 2010. The action
plan proposes legislative measures and supporting actions.
The implementation of the action plan also requires the
setting-up of
and
systems
follow-up.

for monitoring

efficient

(5) OJ C 140 E, 13.6.2002, p. 543.

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(8) The Communication from the Commission entitled
‘Energy for the future: renewable sources of energy —
White Paper for a Community strategy and action plan’
— recommends an indicative target of 12 % of energy
from renewable sources in gross internal consumption in
the Community by 2010. The Council, in its Resolution of
8 June 1998 on renewable energy sources (1), and the
European Parliament,
in its Resolution on the White
Paper, underlined the need for a substantial, sustained
increase in the utilisation of renewable energy sources in
the Community and endorsed the strategy and action plan
proposed by the Commission, including the strengthening
of programmes to support renewable sources. The action
plan provides for measures to support the promotion and
development of renewable energy sources. The Communi-
cation from the Commission on the implementation of the
Community strategy and action plan for renewable energy
sources (1998-2000) notes the progress which has been
further efforts are needed at
made, but stresses that
Community and national level to attain these objectives,
in particular new legislation on renewable energy sources
and their promotion.

(9) Directive 2001/77/EC of the European Parliament and of
the Council of 27 September 2001 on the promotion of
electricity produced from renewable energy sources in the
internal electricity market (2) requires Member States to set
national indicative targets consistent with the Community
global indicative target of 12 % of gross national energy
consumption by 2010 and in particular with the 22,1 %
indicative share of electricity produced from renewable
electricity
total
in
energy
consumption by 2010.

Community

sources

(10) The Resolution on the use of renewable energy sources in
the ACP States (3) adopted by the ACP-EU Joint Parlia-
mentary Assembly on 1 November 2001 ‘calls on the
Commission to include sustainable energy supplies,
in
through energy efficiency and the use of
particular
renewable forms of energy, as a priority action field in
the new development policy strategy’.

(11) The ‘Final Implementation Plan’ of the World Summit on
Sustainable Development, agreed on 2 September 2002,
committed the signatory countries,
including the EU, to
making efforts to:

— increase substantially the global share of renewable

energy sources in the energy mix,

— create a level laying field for renewable energy sources

with respect to other energy sources,

— promote

increased research and development

renewable
cleaner conventional fuel technologies, and

sources,

energy

energy

efficiency

in
and

— provide developing countries with financial resources
to develop energy expertise,
including renewable
energy sources, energy efficiency and cleaner conven-
tional fuel technologies,

with the aim of achieving sustainable development.

(12) The EU partnership initiative ‘Energy Initiative for poverty
eradication and sustainable development’
launched on
1 September 2002 is based on better energy efficiency
and the increased use of renewable energy sources, and
several developing countries and regional organisations, as
well as private sector and civil society organisations, have
already associated themselves with this initiative, the prin-
in the
ciples
and strategy of which are
‘Commission Communication on Energy
cooperation
with the developing countries’.

laid out

(13) Since many Community measures on energy efficiency, in
particular the labelling of electrical, electronic, office and
communications equipment and the standardisation of
lighting, heating and air-conditioning equipment, are not
binding on the Member States, there is a need for specific
promotion programmes at Community level to create the
conditions for moving towards sustainable energy systems.

(14) The same applies to the Community measures to achieve
greater market penetration for renewable energy sources,
in particular
the standardisation of equipment which
produces or consumes renewable energy sources.

(15) Council Decision 1999/21/EC, Euratom of 14 December
1998 adopting a multiannual framework programme for
actions in the energy sector (1998-2002) and related
measures (4), the Decisions on the specific programmes,
namely Council Decision 1999/22/EC of 14 December
1998 adopting a multiannual programme of
studies,
analyses, forecasts and other related work in the energy
(1998-2002) (5) — ETAP programme, Council
sector
Decision 1999/23/EC of 14 December 1998 adopting a
multiannual
framework programme to promote inter-
national cooperation in the energy sector (1998-2002) (6)
— Synergy programme, Council Decision 1999/24/EC,

(1) OJ C 198, 24.6.1998, p. 1.
(2) OJ L 283, 27.10.2001, p. 33.
(3) OJ C 78, 2.4.2002, p. 35.

(4) OJ L 7, 13.1.1999, p. 16.
(5) OJ L 7, 13.1.1999, p. 20.
(6) OJ L 7, 13.1.1999, p. 23.

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safe

transport of

radioactive materials

the safety of nuclear
participating
currently

Euratom of 14 December 1998 adopting a multiannual
programme of technical actions promoting the clean and
efficient use of solid fuels (1998-2002) (1) — CARNOT
programme, Council Decision
1999/25/Euratom of
14 December 1999 adopting a multiannual programme
(1998-2002) of actions in the nuclear sector relating to
the
and to
safeguards and industrial cooperation to promote certain
in the
aspects of
TACIS
countries
Programme (2) — SURE
Decision
646/2000/EC of
the
Council of 28 February 2000 adopting a multiannual
programme for
energy
the promotion of
sources in the Community (1998-2002) (3) — Altener
programme, and Decision 647/2000/EC of the European
Parliament and of
the Council of 28 February 2000
adopting a multiannual programme for the promotion of
energy efficiency (1998-2002) (4) — SAVE programme
expired on 31 December 2002.

the European Parliament and of

installations
the

programme,

renewable

in

(16) In accordance with Article 5(2) of Decision 1999/21/EC,
Euratom, the Commission has had independent experts
carry out an external evaluation of the abovementioned
framework programme and the specific programmes. In
their report, the evaluators recognise the importance of,
in particular,
the Altener, SAVE, Synergy and ETAP
programmes in the context of the implementation of the
energy
for
sustainable development. They note the lack of resources
for
these programmes, given the genuine needs, and
suggest they should be increased.

the Community

strategy

strategy

and

(17) Taking

and

development

into account

the Community

for
the
sustainable
framework programme
should be
taken to strengthen Community support in those energy
fields
that contribute to sustainable development by
grouping them in a single programme — ‘Intelligent
Energy — Europe’ — comprising four specific areas.

the
evaluations,

strategy
of

results
steps

energy sources

(18) The importance and success of Community support for
renewable
the
Altener programme during the period 1993 to 2002
justifies the inclusion in the present programme of a
specific field concerning renewable energy sources —
‘Altener’.

in the framework of

the
for
(19) The need to strengthen Community support
rational use of energy and the success of
the SAVE
programme during the period 1991-2002 justifies the
inclusion in the present programme of a specific field
concerning energy efficiency — ‘SAVE’.

(20) Improving energy use in the transport sector, including the
fuels,
in
to reduce the negative effects of

diversification of
Community efforts

important

extremely

is

(1) OJ L 7, 13.1.1999, p. 28.
(2) OJ L 7, 13.1.1999, p. 31.
(3) OJ L 79, 30.3.2000, p. 1.
(4) OJ L 79, 30.3.2000, p. 6.

transport on the environment. This justifies the inclusion
in the ‘Intelligent Energy — Europe’ programme of a
specific field concerning the energy aspects of transport
— ‘Steer’.

is one of

in particular,

(21) The need to promote the best practices developed in the
Community in the fields of renewable energy sources and
energy efficiency, and to transfer them to the developing
countries
the Community's
priorities as regards international commitments, along
with strengthening cooperation on the use of the flexible
mechanisms of the Kyoto Protocol. In order to ensure
Synergy
continuity with
programme concerning actions in the abovementioned
areas, a specific field concerning the promotion of
renewable energy sources and energy efficiency in the
framework of international promotion — ‘Coopener’ —
should be included in this programme.

former

regard

the

to

(22) Exchange of know-how, best practice and project results,
coordination within the programme and with other
Community policies, continuity with existing programmes,
stability of
sufficient human
resources as well as a rapid implementation will be
the ‘Intelligent Energy —
for
crucial
Europe’ programme.

rules of participation,

the success of

(23) Gender mainstreaming is an important aspect of all
Community programmes and should therefore be taken
into account in the framework of the ‘Intelligent Energy
— Europe’ programme.

(24) This Decision establishes a financial framework for the
entire duration of
the programme which is to be the
principal point of reference for the budgetary authority,
within the meaning of point 33 of the Interinstitutional
Agreement of 6 May 1999 between the European
Parliament,
the Commission on
budgetary discipline and improvement of the budgetary
procedure (5).

the Council

and

(25) Since the objectives of the proposed programme, which
concern the implementation of the Community strategy in
the fields of energy contributing to sustainable devel-
opment, cannot be sufficiently achieved by the Member
States acting individually since a promotion campaign
and exchanges are required, based on close cooperation
on a European scale between the various players at
national, regional and local
level, and can therefore be
better achieved at Community level, the Community may
adopt measures in accordance with the principle of subsi-
diarity as set out in Article 5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article,
is
necessary in order to achieve those objectives.

this Decision does not go beyond what

(5) OJ C 172, 18.6.1999, p. 1.

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(26) The provisions of this Decision are without prejudice to
Articles 87 and 88 of the Treaty, and in particular the
Community guidelines on State aid for environmental
protection.

emerging technologies, and by encouraging the spread of
best practices and the best available technologies, as well as
by means of promotion at international level.

adopted

(27) The measures needed to implement this Decision should
be
in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (1),

for

HAVE ADOPTED THIS DECISION:

Article 1

A multiannual programme for actions in the field of
1.
energy:
‘Intelligent Energy — Europe’, hereinafter referred to
as ‘this programme’, is hereby adopted for the period 2003 to
2006.

2.
This programme will support sustainable development in
the energy context, making a balanced contribution to the
achievement of the following general objectives: security of
energy supply, competitiveness, and environmental protection.

3.
This programme also aims at economic and social
cohesion and seeks to increase transparency, coherence and
the complementarity of all
related
measures in the field of energy, thereby generating effective
links between these measures and actions carried out under
other Community and Member States' policies.

the actions and other

Article 2

The specific objectives of this programme are as follows:

(a) to provide the elements needed for the promotion of
energy efficiency, the increased use of renewable energy
sources and energy diversification,
including in transport,
the improvement of sustainability, the development of the
potential of
the outermost
regions, and of islands, and the preparation of the legis-
lative measures needed to attain these strategic objectives;

in particular

the regions,

(b) to develop means and instruments, which may be used by
the Commission and the Member States,
to follow up,
monitor and evaluate the impact of the measures adopted
by the Community and its Member States in the fields of
energy efficiency and renewable energy sources, including
the energy aspects of transport;

consumption based

(c) to promote efficient and intelligent patterns of energy
and
and
production
foundations by raising awareness, notably
sustainable
through
promoting
system,
exchanges of experience and know-how among the main
players concerned, businesses and citizens in general, by
in
supporting actions

intended to boost

educational

investment

on solid

and

the

(1) OJ L 184, 17.7.1999, p. 23.

Article 3

This programme is structured in four specific fields as

1.
follows:

(a)

‘SAVE’, which concerns the improvement of energy effi-
ciency and the rational use of energy, in particular in the
building and industry sectors, with the exception of actions
legislative
under Steer,
measures and their application;

including the preparation of

(b) ‘Altener’, which concerns

the promotion of new and
renewable energy sources for centralised and decentralised
production of electricity and heat and their integration into
the local environment and the energy systems, with the
exception of actions under Steer, including the preparation
of legislative measures and their application;

(c)

‘Steer’, which concerns support for initiatives relating to all
energy aspects of transport, the diversification of fuels and
the promotion of renewable fuels and energy efficiency in
transport, including the preparation of legislative measures
and their application;

(d) ‘Coopener’, which concerns support for initiatives relating
to the promotion of renewable energy sources and energy
efficiency in the developing countries, in particular in the
framework of the Community cooperation with developing
countries in Africa, Asia, Latin America and the Pacific.

2.
‘Key actions’ which are initiatives combining several of
the abovementioned specific fields and/or relating to certain
Community priorities, such as sustainable development in the
outermost regions as defined in Article 299(2) of the Treaty,
may be launched.

Article 4

For each of the four specific fields and the key actions
the

1.
referred to in Article 3, Community funding under
programme shall be for actions or projects concerned with:

(a) the promotion of sustainable development, security of
energy supply in the framework of the internal market,
competitiveness and environmental protection,
including
the development of standards and labelling and certification
systems,
long-term voluntary commitments to be agreed
with industry and other stake-holders, as well as forward
studies, strategic studies on the basis of shared analyses,
and regular monitoring of
the
markets and energy trends including for the preparation
of future legislative measures or for the review of existing
legislation;

the development of

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(b) the creation, enlargement or reorganisation of structures
energy development,
sustainable
and instruments
including
and
planning
regional
local
management, and the development of adequate financial
products and market instruments;

for
and

energy

(c) the promotion of

energy

systems

and
sustainable
equipment in order to accelerate their penetration of the
market and stimulate investment to facilitate the transition
from the demonstration to the marketing of more efficient
technologies, including dissemination of best practices and
new cross-cutting technologies, awareness campaigns and
the
at
implementing the clean development mechanism and
joint implementation under the Kyoto Protocol;

institutional

structures

creation

aimed

of

(d) the development of

the utilisation of results,

information, education and training
the promotion and
structures;
dissemination of know-how and best practices involving
all consumers, dissemination of results of the actions and
projects and cooperation with the Member States through
operational networks at Community and international level;

with the Committee referred to in Article 8(1). This work
set out
programme shall be based on the principles
in
Article 1(2), Article 2, Article 3 and Article 4.
It shall be
prepared and updated in accordance with the procedure laid
down in Article 8(2).

2.

The work programme shall set out in detail:

(a) the guidelines for each of the specific fields and the key
actions referred to in Article 3 in order to implement the
objectives and priorities laid down in Article 1(2), Article 2,
Article 3 and Article 4, taking account of the added value
that all the measures proposed will provide at Community
level as compared with existing measures;

(b) the implementation arrangements, distinguishing between
actions envisaged on the Commission's
initiative and
those where the initiative comes from the sector and/or
the market concerned, as well as the funding arrangements
and the type of and rules for participation;

(e) the monitoring of the implementation and the impact of

Community initiatives, and the support measures;

(c)

(f)

the evaluation of the impact of actions and projects funded
under the programme.

Under this programme, the financial assistance allocated
2.
to the actions or projects in the four specific fields and the key
actions referred to in Article 3 shall be established on the basis
of the Community added value of the action proposed and will
depend on its benefit and expected impact. Where appropriate,
priority shall be given to small and medium-sized enterprises
and regional or local initiatives.

The aid may not exceed 50 % of the total cost of the action or
project,
the rest being covered either by public or private
funds, or a combination of the two. The aid may, however,
cover all the cost of some actions, such as studies, the dissemi-
to prepare,
nation of project
of
impact
supplement,
Community strategy and policy measures and any measures
proposed by the Commission to encourage exchanges of
coordination
experience
between Community, national,
other
and
initiatives.

results and other actions
the

and know-how to improve

the
international

implement

evaluate

and

All costs relating to actions or projects undertaken on the
Commission's
such under Article
5(2)(b), shall be borne by the Community.

identified as

initiative,

The Commission shall make available the reports on the

3.
actions and projects, if appropriate in electronic form.

the selection criteria and the arrangements for applying
them to each type of action and the method and
instruments for monitoring and utilising the results of the
actions
the definition of
performance indicators;

and/or projects,

including

(d) the indicative timetable for the implementation of the work
in particular as regards the contents of the

programme,
calls for proposals;

(e)

(f)

the detailed rules for coordination and linkage with existing
Community policies. The procedure for the development
and implementation of actions coordinated with those
carried out by the Member States in the field of sustainable
energy shall be set out. The aim is to provide added value
as compared with measures taken by each Member State
acting on its own. These measures will make it possible to
achieve
various
instruments at the disposal of both the Community and
the Member States;

optimum combination

the

an

of

if necessary,
encourage the participation of
regions,
participation of SMEs.

the operational arrangements in order to
remote and outermost
in the programme, and the

including islands,

(g) Community rules concerning public access to information,
transparency and gender mainstreaming shall be taken into
account in the work programme.

Article 5

1. Within six months of the adoption of this Decision, the
Commission shall establish a work programme, in consultation

Article 6

1.
The financial reference amount for the implementation of
this programme for the period 2003 to 2006 shall be 190
million euros.

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Annual appropriations shall be authorised by the budgetary
authority within the limit of the financial perspective.

Financial reference amounts shall be laid down on an indicative
basis for each specific field. An indicative allocation of this
amount
is given in the Annex. This budgetary allocation
between fields shall be flexible in order to deal more effectively
with changing needs in the sector; it may be changed with the
agreement of the Committee referred to in Article 8.

On the basis of a report to be forwarded by the Commission
the European Parliament and
before 30 September 2004,
the
Council
shall, before 31 December 2004,
reference amount with a view possibly to revising it,
in
accordance with the procedures laid down in the Treaty,
within the framework of the financial perspective and taking
into account applications received.

examine

The arrangements for the Community financial assistance
2.
for the actions undertaken under this programme shall be laid
down in accordance with Council Regulation (EC, Euratom)
No 1605/2002 of 25 June 2002 on the Financial Regulation
applicable
European
Communities (1).

general

budget

the

the

to

of

Article 7

The Commission shall be responsible for the execution of this
programme in accordance with the procedure laid down in
Article 8(2).

Article 8

During the third year of the period of application of the
2.
programme, and in any case before putting forward proposals
on any subsequent programme, the Commission shall provide,
and give its conclusions on, an external evaluation of
the
overall implementation of the Community actions carried out
under this programme. The external evaluation shall be carried
out
shall
communicate its conclusions regarding this evaluation to the
European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions before
putting forward proposals on any subsequent programme.

Commission

independent

experts.

The

by

Article 10

1. Without prejudice to paragraphs 2 and 3, participation in
this programme shall be open to any legal person, whether
public or private, established in the territory of the Member
States.

This programme shall be open to the participation of the
2.
candidate countries,
in accordance with the conditions laid
down in the Europe association agreements, in the additional
protocols relating thereto and in the decisions of the respective
Association Councils, on the basis of the relevant bilateral
agreements.

3.
Likewise, the programme shall be open to the partici-
pation of the EFTA/EEA countries on the basis of additional
funds and in accordance with procedures to be agreed with
these countries.

1.

The Commission shall be assisted by a committee.

Article 11

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

This Decision shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

Article 12

This Decision is addressed to the Member States.

3.

The Committee shall adopt its rules of procedure.

Article 9

Done at . . .

The Commission shall carry out an annual examination
the progress made on this programme and the actions
in the four specific fields and the key actions

1.
of
carried out
referred to in Article 3.

For the European Parliament

For the Council

The President

The President

(1) OJ L 248, 16.9.2002, p. 1.

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INDICATIVE ALLOCATION OF THE ESTIMATED AMOUNT NEEDED (1)

ANNEX

Fields of action

million euros

(2003-2006)

1. Improvement of energy efficiency and the rational use of energy

2. New and renewable energy sources and diversification of energy production

3. Energy aspects of transport

4. Promotion of renewable energy sources and energy efficiency at international level,

particularly in the developing countries

66,3

76

31

16,7

(1) The appropriations earmarked for international promotion are a fixed amount representing 8,8 % of the total programme cost.
(2) An additional contribution is to be anticipated from 2004 onwards as a result of the enlargement of the European Union to include

new Member States. This contribution would be of around 50 million euros.

(3) The budget for an Executive Agency could be set by the budgetary authority as a percentage of the programme's overall financial

allocation.

Total

190 (1) (2) (3)

(1) This allocation is indicative for the specific fields ‘Improvement of energy efficiency and the rational use of energy’,

‘New and
renewable energy sources and diversification of energy production’ and ‘Energy aspects of transport’. The budgetary allocation
between fields is flexible in order to deal more effectively with changing needs in the sector.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 12 April 2002, the Commission presented a proposal for a European Parliament and Council
Decision on adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy
— Europe’ Programme (2003-2006) (1) based on Article 175 (1) of the EC Treaty.

2. The Economic and Social Committee delivered its Opinion (2) on 18 September 2002;

the

Committee of the Regions adopted its Opinion (3) on 20 November 2002.

3. The European Parliament adopted its Opinion (4) at first reading on 20 November 2002, approving

39 amendments. The Commission will not present a modified proposal.

4. On 3 February 2003, the Council adopted its Common Position in accordance with Article 251 of

the Treaty.

II. OBJECTIVE OF THE PROPOSAL

5. The proposal is intended to assure continuation with the current framework programme for actions
in the energy sector which has expired on 31 December 2002; it aims at strengthening security of
supply, combating climate change and stimulating the competitiveness of European Industry
through actions in the following four specific fields:

— ‘SAVE’, concerning the improvement of energy efficiency;

— ‘Altener’, concerning the promotion of new and renewable energy sources;

— ‘Steer’, relating to all energy aspects of transport;

— ‘Coopener’, concerning renewable energy sources and energy efficiency in the cooperation with

developing countries.

III. ANALYSIS OF THE COMMON POSITION

6. General Remarks

(a) Concerning the 39 amendments of the European Parliament:

— The Council has accepted the following 22 amendments:

— fully: 3-7, 11, 13, 14, 18, 21, 22, 27, 34;

— partly and/or in principle: 1, 2, 15, 19, 20, 23, 26, 28, 30.

— It has rejected the following 17 amendments: 8-10, 16, 17, 24, 25, 29, 31-33, 35, 37-41, on

grounds of substance and/or of form.

(b) Concerning the Commission proposal, the Council has introduced certain other modifications (of
substance and/or of form) which are reflected below. All the changes to the Commission
proposal have been accepted by the Commission.

7. Specific Remarks

(c) The main changes introduced by the Council

into the draft Decision concern the financial
reference amount for the implementation of the programme: The Council considers a reference
amount of EUR 190 million to be appropriate. This change is reflected in Article 6 (1), first
subparagraph as well as in the Annex where an indicative breakdown of the budget for the four
specific fields on the basis of the new reference amount is given.

(1) OJ C 203 E, 27.8.2002, p. 47.
(2) OJ C 61, 14.3.2003, p. 38.
(3) Not yet published in the Official Journal.
(4) Not yet published in the Official Journal.

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Official Journal of the European Union

C 64 E/21

Furthermore, with a view to allowing a certain flexibility on this reference amount, the Council
introduced a review clause in Article 6 (1), third subparagraph which allows for the possibility of
revising the programme's budget after the first half of the programme, based on a report which
the Commission is due to carry out before the end of September 2004.

(d) Other changes concern in particular

— Article 3 (1) (d) where certain groups of developing countries are specified in view of their

participation in the Coopener programme (see amdt 18);

— Article 3 (2): here as well as in a number of other paragraphs (Article 4 (1), (2), Article 5 (2)
(a)), the Council has clarified the relation between the four specific fields and the so-called
key actions in order to make it clear that both actions concerning one field and those
combining several
the Intelligent Energy
fields
Programme (see amdt 19);

(key actions) can be funded under

— Article 4 (1) where the Council considered it appropriate to refer also, in addition to the
Commission proposed wording for the objectives of the actions or projects, to the reorgani-
sation of structures and instruments for sustainable energy development (in (b)), to the
dissemination of best practices and new cross-cutting technologies (in (c)), and to the dissemination
of results of the actions and projects (in (d), see amdt 23);

— Article 4 (3) (new): the Council is of the opinion that an easy availability of the reports on the
actions and projects is useful and appropriate and has therefore introduced this new
paragraph (see amdt 23);

— Article 9 (2): the Council considered it useful to reformulate this paragraph in order to make
it clear that before putting forward new proposals on any subsequent programme, the
Commission should provide, and conclude on, an external evaluation of the implementation
of the Intelligent Energy Programme, to be carried out by independent experts;

— Article 10 (2): the Council has reworded this paragraph with a view to clarifying that all
candidate countries are treated on an equal footing as regards their participation in the
Intelligent Energy Programme.

IV. CONCLUSIONS

The Council believes that to a large extent the common position meets the substance of most of the
wishes expressed by the European Parliament, and that it will contribute to the balanced achievement
of security of supply, competitiveness, and environmental protection.