Proposal for a Council Regulation concerning the notification to the Commission of investment projects in energy infrastructure within the European Community and repealing Regulation (EC) No 736/96 {SEC(2009) 971} {SEC(2009) 972}
Date: 2009-07-16
Institutions: European Commission
Subjects: EU action, data processing, energy distribution, energy policy, exchange of information, industrial infrastructure, investment, investment project

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.7.2009 
COM(2009) 361 final 

2009/0106 (CNS) 

Proposal for a 

COUNCIL REGULATION  

concerning the notification to the Commission of investment projects in energy 
infrastructure within the European Community  
and repealing Regulation (EC) No 736/96 

{SEC(2009) 971} 
{SEC(2009) 972} 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

In the context of the new Energy Policy aiming at securing supply, mitigating climate change 
and  ensuring  competitiveness,  significant  investment  in  energy  infrastructure  is  crucial. 
Private economic operators have now a more prominent role for investment in infrastructure. 
New  policy  requirements  such  as  targets  affecting  the  fuel  mix  will  alter  Member  States' 
policies towards new and modernised energy infrastructure. The Commission has to monitor 
closely the situation to anticipate any potential problems and bring sufficient transparency to 
market participants. However, the Commission needs appropriate data on investment projects.  

The  current  regulatory  framework  imposing  on  Member  States  reporting  obligations  on 
energy  infrastructure  is  heterogeneous.  Relevant  and  validated  data  is  not  sufficiently 
available for monitoring developments in a cross – sector perspective at EU level. In addition, 
Council Regulation (EC) No 736/96 on notification to the Commission of investment projects 
in EU energy infrastructure in the petroleum, natural gas and electricity sectors is no longer 
enforced consistently and geared to the most recent evolutions of the energy sector.  

The  overall  objective  of  the  revision  is  to  revise  and  to  further  strengthen  the  system  laid 
down  in  Council  Regulation  (EC)  No  736/96  while  easing  the  administrative  burden.  The 
framework for reporting needs to be updated and to be complemented by a regular analysis of 
the situation which should be discussed with stakeholders and published in order to increase 
transparency.  

General context 

There is a high degree of uncertainty related to the realisation of investment projects and the 
current  credit  crunch  and  economic  crisis  constitute  a  major  additional  difficulty  for 
investment projects needed in the energy sector. 

EU  institutions  have  adopted  an  improved  framework  for  investment  in  EU  energy 
infrastructure, with clear and predictable RES  targets and new rules for the internal market. 
However, they have called for further action. The European Council Action Plan 2007-09 on 
Energy  Policy  for  Europe  has  invited  the  Commission  and  the  Member  States  to  identify 
investment required to satisfy EU strategic needs in relation to gas and electricity supply and 
demand.  In  the  wake  of  the  Second  Strategic  Energy  Review  adopted  in  2008  by  the 
Commission,  both  the  Council  of  the  European  Union1  and  the  European  Parliament2 
agreed  with  the  Commission  and  insisted  on  promoting  investments  and  improving 
transparency as well as of intensifying the works on supply and generation adequacy outlooks 
and network development plans. 

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Energy Council Conclusions (6692/09) on 2nd Strategic Energy Review. 
EP resolution on the 2nd Strategic Energy Review, 2/00/2009, (2008/2239(INI)). 

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Existing provisions in the area of the proposal 

A number of provisions exist but they do not provide the Commission with coherent, forward 
looking information on investment projects and their developments. 

Directive **** of the European Parliament and of the Council establishing common rules for 
the internal market in natural gas and repealing Directive 2003/55/EC; 

Council  Directive  2004/67/EC  concerning  measures  to  safeguard  security  of  natural  gas 
supplies; 

Decision  No  1364/2006/EC  of  the  European  Parliament  and  of  the  Council  laying  down 
guidelines for trans- European energy networks; 

Directive **** of the European Parliament and of the Council establishing common rules for 
the internal market in electricity and repealing Directive No 2003/54/EC; 

Directive 2005/89/EC of the European Parliament and of the Council concerning measures to 
safeguard security of electricity supply and infrastructure investment; 

Council Regulation  No 2857/1999/EC defining  the  investment projects to be communicated 
to the Commission in accordance with Article 41 of the Euratom Treaty; 

Directive  2009/31/EC  of  the  European  Parliament  and  of  the  Council  on  the  geological 
storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament 
and  Council  Directives  2000/60/EC,  2001/80/EC,  2004/35/EC,  2006/12/EC,  2008/1/EC  and 
Regulation (EC) No 1013/2006; 

Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the 
use  of  energy  from  renewable  sources  and  amending  and  subsequently  repealing  Directives 
2001/77/EC and 2003/30/EC; 

Consistency with other policies and objectives of the Union 

This proposal is consistent with the objectives of the Union, especially those concerning the 
establishment  of  an  internal  market  and  the  sustainable  development  of  Europe  based  on 
balanced economic growth and price stability. The proposal is also consistent with the climate 
and energy policy, one of the pillars of which is the security of energy supply.  

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

A public consultation to get the views of interested parties (Member States, representatives of 
industry of all sectors of energy, energy regulators) took place in February - March 2009. The 
first consultation was based on a questionnaire sent to these parties with a view to learning in 
particular  more  about  monitoring  aspects  and  the  scope,  design  and  impact  of  a  reporting 
mechanism.  A  final  consultation  was  carried  out  during  a  technical  workshop  where  more 
detailed aspects have been discussed with consulted parties (14 May 2009). 

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Summary of responses and how they have been taken into account 

For  most  of  the  respondents,  whether  Member  States  or  industry  representatives,  an 
appropriate monitoring of investment projects into infrastructure in the energy sector is seen 
as relevant. It is regularly considered as essential for transparency, policy-making and support 
to  specific  projects.  However,  a  monitoring  instrument  is  supported  on  the  condition  that  it 
remains  a  transparency  tool,  provides  an  added-value  and  does  not  represent  a  high 
administrative  burden.  These  requirements  have  been  fully  taken  into  account  when 
formulating the current proposal. 

Collection and use of expertise 

DG  TREN  has  met  with  representatives  of  the  European  Network  Transmission  System 
Operators for Electricity and for Gas in charge of the preparation of the ten-year investment 
plan for electricity and for gas networks foreseen by the third internal market package, with 
data  providers  who  have  developed  ways  of  analysing  data  based  on  simulation  and  with  a 
rating  agency  to  get  information  on  credit  quality  of  European  utilities  active  in  the  energy 
sector.  DG  TREN  also  participated  as  an  observer  in  several  meetings  organised  by  one 
Member State’s authorities on an indicative planning for future investments for electricity, gas 
and heat. 

No  external  contractor  was  involved  in  preparing  the  impact  assessment  or  the  legislative 
proposal. 

Impact assessment 

Four options were considered in the accompanying impact assessment, and the outcome can 
be summarised as follows. 

Option 0: Status quo - Policy monitoring without a specific reporting mechanism 

Under this option, policy monitoring is carried out by the Commission on the basis of various 
data, either data supplied by commercial data providers or possible data notified by Member 
States or companies under EU energy sector – specific legislation. Council Regulation (EC) 
No 736/96 is an additional source of data. With no policy change, effective collection of EU-
wide relevant data and transparency of data and analysis cannot be guaranteed and monitoring 
is  likely  to  be  difficult  because  of  the  sector  –  specific  legislation  having  incoherent 
characteristics  (frequency,  update,  confidentiality…)  or  due  to  the  gaps  in  data  from 
commercial information providers. 

Option 1: Repeal of Council Regulation (EC) No 736/96  

This  option  would  consist  in  repealing  Council  Regulation  (EC)  No  736/96  given  the  poor 
implementation  of  this  Regulation  and  its  growing  inability  to  capture  the  new  EU  energy 
system. Assuming that in the longer run markets would balance supply and demand regular 
monitoring  could  be  replaced  by  studies  that  could  be  conducted  on  a  case  by  case  basis  if 
specific policy decisions would require an analysis of energy related investment projects.  

Option 2: Policy monitoring with a complementary reporting mechanism  

Member  States,  after  possible  notification  from  companies,  will  notify  information  to  the 
Commission  on  investment  projects.  The  scope  of  notification  would  cover,  with  an 

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expansion of the scope and revised thresholds, all infrastructure of interest for energy security 
and the shift towards a low carbon economy. In order to avoid multiple notifications, it would 
take  into  account  existing  reporting  or  monitoring  obligations  provided  that  equivalent 
information  is  made  available.  Reporting  would  apply  every  two  years  further  easing  the 
administrative burden and aligning this obligation with other relevant frameworks. Data and 
information collected could be made public except where they are commercially sensitive. On 
the  basis  of  data  collected  and  any  other  relevant  source,  the  Commission  would  prepare 
regular  analysis  of  the  future  development  of  the  EU  energy  system  in  a  cross  sector 
perspective  with  a  view  to  identifying  potential  gaps  and  potential  problems  as  well  as 
bringing  transparency  to  market  participants.  This  option  provides  a  balanced  and  coherent 
system. 

Option 3: Policy monitoring with a fully – fledged reporting mechanism  

As  under  option  2,  a  global  and  integrated  framework  combining  reporting  and  monitoring 
would  be  set  up  under  option  3.  However,  option  3  would  set  a  fully-fledged  integrated 
reporting  system.  Member  States  would  be  obliged  to  notify  and  validate  all  requested 
information to  the Commission, irrespective of other existing  notification mechanisms. This 
option does not comply with the proportionality principle.  

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

Building  on  option  2  which  provides  the  best  compromise,  the  proposed  Regulation 
establishes  a  common  framework  for  the  notification  to  the  Commission  of  data  and 
information on investment projects in energy infrastructure in the petroleum, gas, electricity 
and bio-fuel sectors and related to carbon dioxide produced by these sectors.  

Every two years, Member States or the entity they delegate this task to would be required to 
collect  and  notify  data  and  information  on  investment  projects  concerning  production, 
transport and storage. To minimise the administrative burden, two elements of flexibility and 
simplification are introduced:  

–  Unless otherwise decided by Member States, undertakings would be under an obligation to 
provide Member States - or the competent entity - information on their investment projects, 
including decommissioning projects;  

–  Member  States  would  be  exempted  from  reporting  if  they  already  provide  equivalent 
information to the Commission under EU energy sector – specific legislation. This would 
also  be  the  case  if  the  bodies  in  charge  of  network  development  plans  for  gas  and 
electricity  collect  the  relevant  data.  In  this  case,  they  would  be  requested  to  notify  the 
relevant  data  to  the  Commission,  with  the  appropriate  comments  of  Member  States  if 
necessary.  

Data  and  information  collected  (type  of  investment,  planned  capacities  and  major 
obstacles…)  would  provide  the  major  trends  for  investment  in  EU  energy  infrastructure. 
Provision  is  made  to  guarantee  that  data  and  information  notified  to  the  Commission  meet 
generally  accepted  standards;  that  data  and  information  are  received,  stored  and  processed 
with  the  appropriate  IT  tools  and  in  full  compliance  with  the  legal  framework  on  data 

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protection  for  individuals;  that  data  and  information  will  be  made  public  except  where  they 
are commercially sensitive. 

On the basis of the data and information received, the Commission will provide a regular and 
cross – sector analysis of the structural evolution and perspectives of the EU energy system 
and  any  other  specific  analysis  needed.  This  would  allow  for  an  identification  of  potential 
future  demand  and  supply  gaps  and  obstacles  to  investment.  With  these  analyses,  the 
Commission  will  be  in  a  better  position  to  promote  best  practice  and  to  establish  greater 
transparency for market participants. To develop common views on these issues, the results of 
these analyses would be discussed with stakeholders and published. 

Legal basis 

The  legal  bases  for  the  proposal  are  Articles  284  of  the  Treaty  establishing  the  European 
Community and 187 of the Treaty establishing the European Atomic Energy Community. 

Subsidiarity principle 

This draft proposal aims at strengthening the framework for collection of data and information 
for  the  Commission’s  tasks.  With  appropriate  data,  the  Commission  and  in  particular  its 
Market Observatory for Energy will be in a better position to monitor the evolution of the EU 
energy  system,  in  a  cross  –  sector  perspective  and  at  EU  level,  and  the  potential  problems 
which  could  delay  or  hinder  investment  projects.  Given  the  interrelations  of  energy  sub 
sectors  (e.g.  electricity  and  gas)  and  the  existence  of  an  internal  market,  the  EU-wide 
dimension is becoming more and more relevant, thus justifying the role of EU institutions and 
of the Commission in particular.  

Proportionality principle 

The proposal complies with the proportionality principle. This proposal does not go beyond 
what  is  necessary  in  order  to  achieve  the  objectives.  Member  States  will  continue  to  have 
considerable flexibility in choosing the arrangements to collect data. 

Choice of instruments 

The instrument proposed is a Regulation as it revises an existing Regulation. 

BUDGETARY IMPLICATION 

The  proposal  will  have  a  limited  impact  on  the  Community  budget,  in  particular  to  cover 
expenditure on information technology and, should the Commission so decide, expenditure on 
data purchasing of data and reimbursement of experts. No major direct impact is foreseen for 
the budgets of Member States. 

ADDITIONAL INFORMATION 

Simplification 

By taking account of existing reporting obligations and monitoring mechanisms, this proposal 
does not add an unnecessary administrative burden but should apply for its reporting part only 
if equivalent data and information is not provided by sector- specific legislation.  

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Review clause 

After  five  years,  the  Commission  will  review  the  reporting  and  monitoring  mechanism  laid 
down by the new Regulation. 

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2009/0106 (CNS) 

Proposal for a 

COUNCIL REGULATION  

concerning the notification to the Commission of investment projects in energy 
infrastructure within the European Community  
and repealing Regulation (EC) No 736/96 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 187 thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

The  introduction  of  a  common  energy  policy  aiming  at  securing  the  Community's 
energy supply, a transition towards a low carbon energy system and the functioning of 
competitive energy markets is an objective which the Community has set itself. 

Obtaining an overall picture of the development of investment in energy infrastructure 
in the Community is one feature of such a policy. It should enable the Community to 
make  the  necessary  comparisons,  evaluations  or  to  take  relevant  measures  based  on 
appropriate  figures  and  analysis,  in  particular  concerning  the  future  energy  supply  – 
demand balance. 

The energy landscape within and outside the Community has significantly changed in 
recent years and makes investment in energy infrastructure a crucial issue for securing 
the Community's energy supply, for the functioning of the internal market and for the 
transition towards a low carbon energy system the Community has embarked on. 

The  new  energy  context  requires  significant  investment  in  all  infrastructure  in  all 
energy  sectors  as  well  as  the  development  of  new  types  of  infrastructure  and  new 
technologies being taken up by the market. The liberalisation of the energy sector and 
the further integration of the internal market give a more prominent role to economic 
operators for investment and at the same time, new policy requirements such as targets 

(1) 

(2) 

(3) 

(4) 

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(5) 

(6) 

(7) 

(8) 

(9) 

affecting  the  fuel  mix  will  alter  Member  States’  policies  towards  new  and/or 
modernised energy infrastructure. 

Given the new policy objectives and market developments, greater attention should be 
paid to investment in energy infrastructure in the Community, in particular with a view 
to  anticipating  problems,  promoting  best  practices  and  establishing  greater 
transparency on the future development of the energy system in the Community. 

The Commission and in particular the Market Observatory for Energy should therefore 
dispose  of  accurate  data  and 
including 
information  on 
decommissioning,  in  the  most  significant  components  of  the  energy  system  of  the 
Community. 

investment  projects, 

Data and information regarding foreseeable developments in production, transport and 
storage  capacities  and  projects  in  the  various  energy  sectors  are  of  interest  to  the 
Community.  It  is  therefore  necessary  to  ensure  that  the  Commission  is  notified  of 
investment projects on which work has started or is scheduled to start within five years 
and which aim at taking infrastructure out of commission within three years. 

Pursuant  to  Articles  41  and  42  of  the  Euratom  Treaty,  undertakings  are  under  an 
obligation  to  notify  their  investment  projects;  it  is  necessary  to  supplement  such 
information  with,  in  particular,  a  regular  reporting  on  the  implementation  of 
investment projects; this further reporting shall be without prejudice to Articles 41 to 
44 of the Euratom Treaty. 

In  order  for  the  Commission  to  dispose  of  a  consistent  view  of  the  future 
developments  of  the  whole  Community  energy  system,  a  harmonised  reporting 
framework  for  investment  projects  based  on  updated  categories  for  official  data  and 
information to be transmitted by the Member States is necessary. 

(10)  Member States should for this purpose notify to the Commission, data and information 
on investment projects concerning production, storage and transport of oil, natural gas, 
electric  power,  bio-fuels  and  carbon  dioxide  planned  or  under  construction  in  their 
territory.  Undertakings  concerned  should  be  under  an  obligation  to  notify  to  the 
Member State the data and information in question. 

(11)  Given  the  time  horizon  of  investment  projects  in  the  energy  sector,  reporting  every 

two years should be sufficient. 

(12)  With a view to avoiding an un-proportionate administrative burden and minimise costs 
for  Member  States  and  undertakings  in  particular  for  small  and  medium  enterprises, 
this Regulation should give the possibility to exempt Member States and undertakings 
from  reporting  obligations  provided  that  equivalent  information  is  supplied  to  the 
Commission pursuant to EC energy sector specific legislation, adopted by institutions 
of  the  European  Union  and  aiming  at  achieving  the  objectives  of  competitive 
European energy markets, of sustainability of the European energy system and of the 
security of energy supply to the European Community. 

(13)  To  process  data  as  well  as  to  simplify  and  secure  data  notification,  the  Commission 
and  in  particular  its  Market  Observatory  for  Energy  should  be  able  to  take  all 

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appropriate  measures  to  that  effect,  in  particular  the  operation  of  integrated  IT  tools 
and procedures. 

(14)  The  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Member States is governed by Directive 95/46/EC of the European Parliament and of 
the  Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing  of  personal  data  and  on  the  free  movement  of  such  data5,  while  the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Commission is governed by Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection of individuals with regard 
to the processing of personal data by the Community institutions and bodies and on the 
free movement of such data6. This Regulation leaves these provisions intact. 

(15)  The Commission and in particular the Market Observatory for Energy should provide 
a regular and cross-sector analysis of the structural evolution and perspectives of the 
Community  energy  system  and,  where  appropriate,  more  focused  analysis  on  certain 
aspects  of  this  energy  system;  this  analysis  should  in  particular  contribute  to 
identifying possible infrastructure and investment gaps in view of a long-term energy 
supply and demand balance. 

(16)  The  Commission  may  be  assisted  by  experts  from  Member  States  or  any  other 
competent  experts;  with  a  view  to  developing  a  common  understanding  and  to 
fostering transparency regarding future developments which is of particular interest for 
new market entrants. 

(17)  The  technical  measures,  including  supplementary  technical  definitions,  necessary  for 
the implementation of this Regulation, should be adopted by the Commission. 

(18)  Given the amendments necessary to adapt it to today’s energy challenges and for the 
sake of clarity, Regulation (EC) No 736/96 should therefore be repealed and replaced 
by a new Regulation, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Subject matter and scope 

1. 

2. 

This  Regulation  establishes  a  common  framework  for  the  notification  to  the 
Commission of data and information on investment projects in energy infrastructure 
in  the  oil,  natural  gas,  electricity  and  bio-fuel  sectors,  and  on  investment  projects 
related to carbon dioxide produced by these sectors. 

This Regulation shall apply to the types of investment projects listed in the Annex on 
which  work  has  started  or  is  scheduled  to  start  within  five  years  or  which  are 
scheduled to be taken out of operation within three years. 

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6 

OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 

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Article 2 
Definitions 

For the purpose of this Regulation, the following definitions shall apply: 

(1) 

“infrastructure” means any type of installations or part of installations related to the 
production, transport and storage of energy or carbon dioxide; 

(2) 

“investment projects” mean projects aiming at 

(a) 

building new infrastructure; 

(b) 

transforming,  modernising,  increasing  or  reducing  capacities  of  existing 
infrastructure; 

(c) 

decommissioning of existing infrastructure; 

“planned  investment  projects”  mean  investment  projects  before  construction  starts 
and  capital  costs  are  incurred  or  before  decommissioning  is  effective,  including 
investment  projects  of  which  the  major  features  (location,  contractor,  undertaking, 
technical  features  etc.)  may,  in  whole  or  in  part,  be  subject  to  further  review  or  to 
final authorisation; 

“investment  projects  under  construction”  mean  investment  projects  for  which 
construction has started and capital costs are incurred; 

“decommissioning”  means  the  phase  where  an  infrastructure  is  permanently  taken 
out of operation; 

“production”  means  the  generation  of  electricity  and  the  processing  of  fuels, 
including bio-fuels; 

“transport” means the transmission of energy sources or products or carbon dioxide, 
through a network, in particular:  

(a) 

(b) 

through pipelines, other than upstream pipeline network and other than the part 
of pipelines primarily used in the context of local distribution; 

through extra high voltage and high-voltage interconnected systems and other 
than the systems primarily used in the context of local distribution; 

“storage” means the stocking on a permanent or temporary basis of energy sources or 
carbon dioxide in above ground and underground infrastructure or geological sites; 

“undertakings”  means  any  natural  or  legal  private  or  public  person,  deciding  or 
implementing investment projects; 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

“energy sources” mean  

(a)  Primary energy sources, such as oil, natural gas or coal, or transformed energy 

sources, such as electricity; 

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(b)  Renewable  energy  sources  including  hydroelectricity,  biomass,  wind,  solar, 

tidal and geothermal energy; 

(c)  Energy products, such as refined oil products and bio-fuels. 

Article 3 
Notification of data 

1. 

While keeping the collection and reporting burden proportionate, Member States or 
the entity they delegate this task to shall compile all data and information specified in 
this Regulation from the beginning of 2010 and from then onwards every two years.  

They  shall  notify  the  aggregated  data  and  relevant  project  information  to  the 
Commission in 2010, that year being the first reporting year, and from then onwards 
every two years.  

Member  States  or  their  delegated  entities  shall  notify  aggregated  data  and  relevant 
project information by 31 July of the concerned reporting year.  

2. 

The Commission shall exempt the Member States or their delegated entities from the 
obligation referred to in paragraph 1 where pursuant to EC energy sector - specific 
legislation: 

(a) 

(b) 

the  concerned  Member  State  or  its  delegated  entity  has  already  notified  the 
requested data or information and has indicated the date of the notification and 
the specific legislation concerned; 

a specific body is entrusted with the preparation of a multi-annual investment 
plan  in  energy  infrastructure  at  Community  level  and  compiles  to  this  end 
equivalent data and information; in this case, the specific body shall notify all 
the relevant data and information to the Commission within the time-limits laid 
down in paragraph 1.  

Article 4 
Data sources 

1. 

Undertakings concerned shall notify the data or information referred to in Article 3 to 
the  Member  States,  or  the  entity  to  which  they  have  delegated,  in  whose  territory 
they are planning to carry out investment projects before 31 May of each reporting 
year.  The  data  or  information  notified  shall  reflect  the  situation  of  investment 
projects as of 31 March of the concerned reporting year. 

However,  subparagraph  1  shall  not  apply  to  undertakings  where  the  Member  State 
concerned decides to use other means of supplying the Commission with the data or 
information referred to in Article 3. 

2. 

Member  States  shall  avoid  any  duplication  of  data  collection  and  shall  minimise 
costs for undertakings. 

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Article 5 
Content of the notification 

1. 

With regard to investment projects referred to in the Annex, the notification provided 
for in Article 3 shall indicate where appropriate: 

(a) 

(b) 

the capacities planned or under construction; 

the location, name, type and main characteristics of infrastructure or capacities 
planned or under construction; 

(c) 

the probable date of commissioning; 

(d) 

the type of energy sources used;  

(e) 

the  technologies  of  interest  for  security  of  supply  purposes,  such  as  reverse 
flows, fuel switching capacities or any other relevant equipments; 

(f) 

the equipment of carbon capture systems or retrofitting mechanisms; 

2. 

With  regard  to  any  proposed  decommissioning  of  capacities,  the  notification 
provided for in Article 3 shall indicate: 

(a) 

the character and the capacity of the infrastructure concerned; 

(b) 

the probable date of decommissioning. 

3. 

Any  notification  under  Article  3  shall  include  the  volume  of  installed  capacities  at 
the beginning of the reporting year concerned.  

Member States, their delegated entities or the specific body referred to in Article 3(2) 
shall add to their notifications any comments they may have, such as comments on 
delays or obstacles to the implementation of investment projects. 

Article 6 
Quality and publicity of data 

1. 

2. 

Member States, the entity they delegate to or where appropriate the bodies entrusted 
with EU energy sector specific investment plans shall ensure the quality, relevance, 
accuracy, clarity, timeliness and coherence of data and information they notify to the 
Commission. 

In  case  of  bodies  entrusted  with  EU  energy  sector  -  specific  investment  plans,  the 
data  and  information  notified  shall  be  accompanied  by  appropriate  comments  from 
Member States on the quality of data and information collected. 

The  Commission  may  publish  data  and  information  forwarded  pursuant  to  this 
Regulation, in particular in analyses referred to in Article 10(3), provided that data 
and information are published in an aggregated form and that no details concerning 
individual undertakings are disclosed. 

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Member  States  or  their  delegated  entities  shall  preserve  the  confidentiality  of 
commercially sensitive data or information. 

Article 7 
Implementing measures 

The  Commission  shall  adopt  the  measures  necessary  for  the  implementation  of  this 
Regulation,  concerning  in  particular  the  calculation  methodologies  to  be  used,  the  technical 
definitions, the form, the content and other details of the notification of data and information 
referred to in Article 3. 

Article 8 
Data processing 

The Commission shall be responsible for developing, hosting, managing and maintaining the 
IT resources needed to receive, store and carry out any processing of the data or information 
notified to the Commission pursuant to this Regulation. 

Article 9 
Protection of individuals with regards to the processing of data 

This Regulation is without prejudice to the provisions of Community law and, in particular, 
does not alter Member States’ obligations with regard to the processing of personal data, as 
laid down by Directive 95/46/EC, or the obligations incumbent upon Community institutions 
and bodies under Regulation (EC) No 45/2001 with regard to the processing of personal data 
by them in the course of their duties. 

Article 10 
Monitoring and reporting 

1. 

On the basis of data and information forwarded and, if appropriate, of any other data 
sources including data purchased by the Commission, the Commission shall provide 
at  least  every  two  years  a  cross-sector  analysis  of  the  structural  evolution  and 
perspectives of the EU energy system in particular with a view to: 

(a) 

(b) 

(c) 

identifying potential future gaps of energy demand and supply; 

identifying investment obstacles and promoting best practices to address them; 

increasing transparency for market participants. 

The  Commission  may  also  provide  on  the  basis  of  this  data  and  information  any 
specific analysis deemed necessary or appropriate.  

2. 

In preparing the analyses referred to in paragraph 1, the Commission may be assisted 
by experts from Member States and / or any other experts with specific competence 
in the area concerned. 

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3. 

The  Commission  may  discuss  the  analyses  with  interested  parties.  It  shall  forward 
the  analyses  carried  out  to  the  European  Parliament,  to  the  Council  and  to  the 
European Economic and Social Committee and publish them. 

Article 11 
Review 

Within five years of the entry into force of this Regulation, the Commission shall review its 
implementation. 

Regulation (EC) No 736/96 is repealed. 

Article 12 
Repeal 

Article 13 
Entry into force 

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

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 
INVESTMENT PROJECTS 

1. 

OIL 

1.1. 

Refining 

–  Distillation plants with a capacity of not less than 1 Mio tonnes a year; 

– 

– 

Extension of distilling capacity beyond 1 Mio tonnes a year; 

Reforming/cracking plants with a minimum capacity of 500 tonnes a day; 

–  Desulphurisation  plants  for  residual  fuel  oil/gas  oil/feedstock/other  petroleum 

products. 

Chemical  plants  which  do  not  produce  fuel  oil  and/or  motor  fuels,  or  which  produce  them 
only as by-products, are excluded. 

1.2. 

Transport 

– 

– 

Crude oil pipelines with a capacity of not less than 3 Mio Metric tonnes a year, 
and  extension  or  lengthening  of  these  pipelines,  which  are  not  less  than  30 
kilometres long; 

Petroleum product pipelines with a capacity of not less than 1.5 Mio tonnes a 
year, and extension or lengthening of these pipelines, which are not less than 30 
kilometres long; 

–  Pipelines  which  constitute  essential 

international 
interconnecting networks and pipelines and projects of common interest identified 
in the guidelines established under Article 155 of the EC Treaty. 

in  national  or 

links 

Pipelines for military purposes and those supplying plants outside the scope of point 1.1 are 
excluded. 

1.3. 

Storage 

– 

Storage  installations for crude  oil and petroleum products (installations with a 
capacity of 150 Mio m3 or more or, in the case of tanks, with a capacity not less 
than 100 000 m3). 

Tanks intended for military purposes and those supplying plants outside the scope of point 1.1 
are excluded. 

2. 

GAS 

2.1. 

Transport 

–  Gas, including natural gas and biogas, transport pipelines ; 

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16 

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– 

Pipelines  and  projects  of  common  interest  identified  in  the  guidelines 

established under Article 155 EC Treaty. 

2.2. 

LNG terminals 

– 

Terminals for the importation of liquefied natural gas. 

2.3. 

Storage 

– 

Storage installations connected to the transport pipelines referred to in point 2.1.  

Gas pipelines, terminals and installations for military purposes and those supplying chemical 
plants which do not produce energy products, or which produce them only as by-products, are 
excluded. 

3. 

ELECTRICITY 

3.1. 

Production 

– 

Thermal and nuclear power stations (generators with a unit capacity of 100 MW 

or more); 

–  Hydro-electric  power  stations (power stations  having  a  capacity  of  30  MW  or 

more); 

–  Wind  power  farms  (with  a  capacity  of  20  MW  or  more  for  offshore  farms  or 

with a capacity of 10 MW or more for onshore farms);  

– 

Concentrated  solar 

thermal,  geothermal  and  photovoltaic 

installations 

(generators with a unit capacity of 10 MW or more); 

– 

Biomass/waste  power  generation  installations  (generators  with  a  unit  capacity 

of 10 MW or more); 

– 

Power  stations  with  cogeneration  of  electricity  and  useful  heat  (units  with  an 

electrical capacity of 10 MW or more). 

3.2. 

Transport 

–  Overhead transmission lines, if they have been designed for a voltage of 150 kV 

or more; 

–  Underground and submarine transmission cables, if they have been designed for 

a voltage of 100 kV or more;  

– 

Projects  of  common  interest  identified  in  the  guidelines  established  under 

Article 155 EC Treaty. 

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4. 

BIOFUEL 

4.1. 

Production 

– 

Bio-fuel production installations (refinery with a capacity of 50 000 tonnes/year 

or more). 

5. 

CARBON DIOXIDE  

5.1. 

Transport 

– 

CO2  pipelines  related  to  production  installations  referred  to  in  points  1.1  and 

3.1. 

5.2. 

Storage 

– 

Storage  installations  (storage  site  or  complex  with  a  capacity  of  100  kt  or 

more). 

Storage installations intended for research and technological development are excluded. 

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LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. 
As such, when completing this Legislative Financial Statement, and without prejudice to 
its legibility, an attempt should be made to avoid repeating information contained in the 
Explanatory  Memorandum.  Before  filling  in  this  template,  please  refer  to  the  specific 
Guidelines  that  have  been  drafted  to  provide  guidance  and  clarification  for  the  items 
below. 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Regulation  of  the  Council  of  the  European  Union  concerning 
notification  to  the  Commission  of  investment  projects  in  energy  infrastructure 
within the European Community and repealing Regulation (EC) No 736/96. 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

06: Energy and transport 

06 04: Conventional and renewable energies  

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines) including headings: 

06  01  01:  Expenditure  related  to  staff  in  active  employment  of  ‘Energy  and 
transport‚ policy area’  

06  01  04  03:  Conventional  energy  —  Expenditure  on  administrative 
management 

06 04 03: Security of conventional energy supplies 

3.2. 

Duration of the action and of the financial impact: 

Start: 2010  End: not determined 

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19 

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3.3. 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

06 01 01 

Non-
comp 

06 01 04 03  Non-
comp 

06 04 03 

Non-
comp 

Non-Diff 

NO 

NO 

Non-Diff 

NO 

Diff 

NO 

NO 

NO 

NO 

NO 

NO 

No 5 

No 1a 

No 1a 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total 

Operational expenditure7 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

0.40 

0.30 

0.30 

1.00 

0.30  0.1 

0.20 

0.1 

0.20 

0.1 

1.00 

Administrative expenditure within reference amount8 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

0.05 

0.06 

0.06 

0.17 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c  0.45 

0.36 

0.36 

1.17 

b+c  0.35  0.1 

0.26 

0.1 

0.26 

0.1 

1.17 

7 
8 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 

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20 

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Administrative expenditure not included in reference amount9 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 
(NDA) 

costs, 

0.12 

0.12 

0.12 

0.36 

8.2.5 

d 

8.2.6 

e 

Total indicative financial cost of intervention 

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

Co-financing details 

a+c
+d+
e 

b+c
+d+
e 

0.57 

0.48 

0.48 

1.53 

0.47  0.01 

0.38 

0.01 

0.38 

0.1 

1.53 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

x 

Proposal is compatible with existing financial programming. 

Proposal will entail reprogramming of the relevant heading in the financial 

(cid:133) 
perspective. 

(cid:133) 
Proposal may require application of the provisions of the Inter-institutional 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

9 
10 

Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 
See points 19 and 24 of the Interinstitutional agreement. 

EN 

21 

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4.1.3 

Financial impact on Revenue 

x 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 
effect on revenue should be shown in a separate annex. 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[201
0] 

[201
1] 

[201
2] 

[201
3] 

[201
4] 

[201
5]11

Prior to
action 
[2009
] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – 
see detail under point 8.2.1. 

Annual requirements 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total 
number 
human resources 

of 

1 

0 

1 

0 

1 

5. 

CHARACTERISTICS AND OBJECTIVES 

in  the  Explanatory 
Details  of  the  context  of  the  proposal  are  required 
Memorandum.  This  section  of  the  Legislative  Financial  Statement  should  include 
the following specific complementary information: 

11 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

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22 

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5.1. 

Need to be met in the short or long term 

The Regulation requires the development of a new IT application for reception, 
storage  and  protection  of  data  and  information  to  be  notified  under  this 
Regulation. 

The  Regulation  also  foresees  that  data  may  be  purchased  from  commercial 
providers  to  carry  out  the  analysis  required  for  the  situation  of  investment 
projects in infrastructure within the European Community. 

To  carry  out  the  analysis,  the  Commission  may  also  be  assisted  by  external 
experts. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal 
with other financial instruments and possible synergy 

The  Regulation  creates  a  new  framework  combining  reporting  and  monitoring 
(analysis)  of  investment  projects  in  EU  energy  infrastructure.  Significant 
investment in infrastructure is necessary to ensure security of energy supply to 
the EU and to achieve the targets set to mitigate the effects of climate change. 

The EU has a responsibility to contribute to security of supply and has to ensure 
that  in  the  conditions  of  an  EU  integrated  internal  market,  investment  are 
properly  decided  and  implemented  and  that  sufficient  transparency  on  the 
evolution of the EU energy system is provided to market players. 

The Community is the appropriate level to address this issue with a cross - sector 
perspective (oil, gas, electricity…) and at EU level. To avoid duplication of data 
collection, the Regulation takes into account sector – specific legislation already 
imposing reporting obligations on investment in EU infrastructure. 

5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the 
context of the ABM framework 

The  objective  of  the  proposal  is  to  provide  the  Commission  with  the  data  on 
investment  projects  in  energy  infrastructure.  These  data  and  information  are 
necessary for the accomplishment of the Commission’s tasks in the context of an 
EU energy policy aiming in particular at security of supply and sustainability. 

It  is  expected  that  closer  and  regular  monitoring  and  analysis  of  investment  in 
energy  infrastructure  will  provide  robust  information  for  policy-making  and 
evaluation of EU policies which have completely changed the market design and 
set new policy objectives to mitigate climate change. It is expected that on the 
basis  of  this  regular  analysis,  the  Commission  will  be  in  a  better  position  to 
bring transparency on the evolution of EU energy system for market participants 
who  will  implement  investment  and  that  it  will  also  be  able  to  promote  best 
practices and anticipate potential problems.  

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5.4.  Method of Implementation (indicative) 

Show below the method(s)12 chosen for the implementation of the action. 

x 

Centralised Management 

ٱx   Directly by the Commission 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

After 5 years, the Commission will evaluate the impact of the Regulation. 

6.2. 

Evaluation 

6.2.3.  Ex-ante evaluation 

Not applicable 

6.2.4.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned 

from similar experiences in the past) 

Not applicable 

6.2.5.  Terms and frequency of future evaluation 

Not applicable 

7. 

ANTI-FRAUD MEASURES  

No specific measures are needed, the normal framework will apply. 

12 

If more than one method is indicated please provide additional details in the "Relevant comments" 
section of this point. 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions 
and outputs should be provided) 

Type of 
output 

Av. 
cost 

2010 

2011 

2012 

2013 

2014 

2015 and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL  OBJECTIVE 
No.1 13……… 

Action 
development/maintenance 

1: 

IT 

- Output 1 

- Output 2 

contract 

contract 

1 

0.10 

Action 2: Data purchasing 

- Output 1 

contract 

2 

0.30 

1 

2 

0.01 

0.30 

1 

2 

0.01 

0.30 

1 

2 

6 

0.10 

0.02 

0.90 

TOTAL COST 

3 

0.40 

3 

0.31 

3 

0.31 

9 

1.02 

13 

As described under Section 5.3. 

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8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2010 

2011 

2012 

2013 

2014 

2015 

0.5 

0.5 

0.5 

0.5 

A*/AD 

0.5 

B*, 
C*/AST 

0.5 

Officials 
or 
temporary 
staff14 
(XX 01 
01) 

Staff  financed15  by 
art. XX 01 02 

staff16 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

1 

1 

1 

8.2.2.  Description of tasks deriving from the action 

•  Preparation,  organisation  and  follow-up  of  the  collection  of  data,  meetings  with 

experts and Member States and stakeholders. 

•  Data purchasing to get additional source of data for analysis purposes. 

•  IT  development  and  maintenance  to  receive  and  store  and  protect  data  and 

information notified to the Commission. 

8.2.3. 

Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

Posts currently allocated to the management of the programme to be replaced 

X 
or extended   

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 

(cid:133) 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 

(cid:133) 
year in question 

14 
15 
16 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

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8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

06 01 04 

2010 

2011  2012  2013  2014 

TOTAL 

and later 

2015 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

Executive agencies17 

Other 

technical 

and 

administrative 

assistance 

- intra muros (experts) 

0.05 

- extra muros (IT maintenance) 

Total  Technical  and  administrative 
assistance 

0.05 

0.01 

0.06 

0.05 

0.01 

0.06 

0.15 

0.02 

0.17 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

2010 

2011 

2012 

2013 

2014 

2015 

and later 

Officials  and  temporary  staff  (06  01 
01) 

0.12 

0.12 

0.12 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0.12 

0.12 

0.12 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Year n: 2 officials (1 FTE) (122.000 €/official/year)  

17 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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8.2.6.Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2010 

2011 

2012 

2013 

2014 

2015 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees18  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints. 

18 

Coordination group and (comitology) committee foreseen in the draft legislation. 

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