Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council laying down guidelines for trans European energy networks and repealing Decisions No 96/391/EC and No 1229/2003/EC, (COM(2003) 742 final, C5-0064/2004, 2003/0297(COD)) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-07-06
Institutions: European Commission
Subjects: accession to the European Union, electrical energy, energy grid, energy policy, natural gas, third country, trans-European network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.7.2006 
COM(2006) 381 final 

2003/0297 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down guidelines for trans-European energy networks and  
repealing Decisions No 96/391/EC and No 1229/2003/EC,  
(COM(2003) 742 final, C5-0064/2004, 2003/0297(COD)) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2003/0297 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down guidelines for trans-European energy networks and  
repealing Decisions No 96/391/EC and No 1229/2003/EC,  
(COM(2003) 742 final, C5-0064/2004, 2003/0297(COD)) 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament.  

2. 

a) 

b) 

d) 

e) 

f) 

g) 

h) 

3. 

BACKGROUND 

Date of the Commission decision: 10.12.2003. 

Date of transmission to Parliament and Council: 11.12.2003. 

Date of opinion of the European Economic and Social Committee: 2.6.2004.  

Date of the opinion of the first reading in Parliament: 7.6.2005.  

Date of political agreement in the Council: 28.6.2005. 

Date of adoption of the common position: 1.12.2005. 

Date of the opinion of the second reading in Parliament: 4.04.2006. 

PURPOSE OF THE PROPOSAL 

The  proposed  revision  aims  mainly  at  incorporating  the  ten  new  Member  States  into  the 
priority  projects  and  improving  implementation.  The  TEN-E  support  focuses  on  supporting 
the  most  important  interconnection  capacity  as  described  in  Annex  IV  of  the  original 
proposal.  Major  new  elements  of  the  proposed  guidelines  are  (i)  designation  of  Projects  of 
European  Interest  for  the  projects  with  a  very  significant  cross-border  dimension,  and  (ii) 
designation  of  a  European  Coordinator  who  would  be  designated  to  contribute  to  efficient 
preparation and implementation of these projects within the agreed time frame.  

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4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept in full all 17 amendments adopted by the European Parliament. 
They are the result of a compromise package agreed between the European Parliament and the 
Council for the second reading. The amendments re-insert key elements of the Commission’s 
proposal,  namely  the  category  of  “projects  of  European  interest”  and  the  “European 
coordinator”.  The  conclusion  of  the  compromise  package  has  been  facilitated  by  the 
recognition  that  relevant  and  up-to-date  information  is  in  the  hands  of  companies  executing 
such projects rather than Member States; the draft Decision therefore places an obligation on 
Member  States  to  ensure  the  flow  of  information  on,  and  transnational  coordination  of, 
projects of European interest. 

The amendments to the common position refer mainly to: 

– 

– 

– 

– 

– 

– 

The re-insertion of the category of “projects of European interest” (Articles 1 (1), 
5 (a), 6 (5) and (8)). 

A differentiation in the degree of priority access to funding according to the source 
of  cofinancing,  by  giving  “appropriate  priority”  for  funding  under  Council 
Regulation (EC) No 2236/95 while giving “particular attention” to projects declared 
to  be  of  European  interest  for  funding  under  other  Community  cofinancing  funds 
(Art. 8(2) and (3)). 

Transnational coordination between Member States if there is a significant current 
or prospective delay in the progress on one of the projects declared to be of European 
interest, the Commission may then ask the Member States concerned to ensure that 
reasons for the delay are provided within three months (Article 8(6)). 

The  Member  States  insisted  to  delete  the  provision  that  in  case  of  delays  the 
Commission may decide to withdraw the declaration of European interest, since 
they  have  only  limited  influence  on  the  construction  phase  carried  out  by  private 
companies.  In  view  of  the  progress  made  concerning  coordination  and  monitoring 
this position is acceptable for the Commission. 

The re-insertion of the European coordinator to be designated by the Commission, 
in  agreement  with  the  Member  States  concerned,  and  after  having  consulted  the 
European  Parliament,  in  cases  where  a  project  declared  to  be  of  European  interest 
encounters significant delays or implementation difficulties (Article 10(1)). 

The specification of reporting requirements: Member States shall, using as a basis 
a draft timetable provided by the Commission, submit to the Commission an updated 
and  indicative  timetable  for  the  completion  of  projects  of  European  Interest.  The 
Commission  shall  present  biennial  reports  on  the  progress  such  projects;  in  cases 
where a European coordinator is appointed for the project in question, the European 
coordinator would assume this task (Article 9(1) and (2)). 

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5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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