Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and replacing Council Regulation (EU, Euratom) No 617/2010
Date: 2013-03-20
Institutions: European Commission
Subjects: disclosure of information, electrical energy, energy distribution, exchange of information, investment project, natural gas, petroleum

EUROPEAN 
COMMISSION 

Brussels, 20.3.2013  
COM(2013) 153 final 

2013/0082 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the notification to the Commission of investment projects in energy 
infrastructure within the European Union and replacing Council Regulation (EU, 
Euratom) No 617/2010  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Commission  is  proposing  this  new  Regulation  to  the  European  Parliament  and  Council 
following  the  judgment  of  the  European  Court  of  Justice  to  annul  Council  Regulation  (EU, 
Euratom) N° 617/2010 concerning the notification to the Commission of investment projects 
in  energy  infrastructure  within  the  European  Union  and  to  maintain  its  effects  until  a  new 
regulation has been adopted on the appropriate legal basis, namely Article 194(2) TFEU. 

The scope of this proposed Regulation is identical as that of the annulled Regulation. Member 
States  are  required  to  notify  every  two  years  to  the  Commission  data  and  information  on 
investment projects concerning production, storage and transport of oil, natural gas, electricity 
(including electricity from renewable sources), biofuels and the capture and storage of carbon 
dioxide. 

Investments  to  be  notified  to  the  Commission  encompass  planned  and  under  construction 
projects,  transformation  of  existing  infrastructure  as  well  as  decommissioning  projects  of  a 
certain  size,  on  a  five-year  horizon,  in  the  territory  of  Member  States,  including 
interconnections with third countries. Undertakings concerned should be under an obligation 
to notify to the Member State the data and information in question. 

The Court's ruling of 6 September 2012 was decided after the European Parliament took legal 
action against the Council in October 2010 contesting the legal basis used for the adoption of 
Regulation 617/2010 and requesting the Court to annul it (Case C-490/10). The Council used 
Articles 337 TFEU and 187 TEAEC as a legal base, on the grounds that the Regulation relates 
to the activity of collecting general information.  

Following the Parliament's request, the Court annulled Regulation 617/2010, but maintained 
its  effects  until  a  new  regulation  has  been  adopted  on  the  correct  legal  basis  within  a 
reasonable  period  of  time.  In  order  to  comply  with  the  Court's  judgement  and  to  ensure 
continuity in the observation of investment projects in energy infrastructure, the Commission 
proposes a Regulation with the same content as the annulled Regulation and suggests a few 
adaptations,  which  are  strictly  necessary  due  to  the  new  legislative  process.  These 
modifications concern the new legislative procedure (ordinary legislative procedure), the date 
for a review of the act (31 December 2016 instead of 23 July 2015) and the date for reporting.  

Following the ruling of the Court, the effects of the annulled Regulation are maintained until a 
new  Regulation  has  been  adopted.  Even  though  we  expect  a  swift  adoption  of  the  new 
Regulation in the course of 2013, it is unlikely that the new Regulation will be adopted before 
July 2013, which is the next deadline for Member States to notify their investments according 
to the annulled Regulation. The next reporting exercise in 2013 should therefore still be based 
on  the  annulled  Regulation.  In  the  new  Regulation  proposed,  notification  of  data  should  be 
done from 1 January 2015 and from then onwards every two years.  

The form and technical details of the notification to the Commission of data and information 
on  investment  projects  in  energy  infrastructure  are  set  out  in  the  Annex  to  Commission 
Regulation  (EU,  Euratom)  No  833/2010  of  21  September  2010  implementing  the  annulled 
Council  Regulation  (EU,  Euratom)  No  617/2010.  Commission  Regulation  833/2010  will 
remain  applicable  until  its  revision,  which  will  follow  the  adoption  of  this  proposed 
Regulation. 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Given that (i) a proper impact assessment and a consultation with the interested parties were 
carried  out  when  Regulation  617/2010  was  proposed,  (ii)  the  content  of  the  proposed 
Regulation is  the same as that of  Regulation 617/2010, the Commission  did not carry out a 
new impact assessment, nor did the Commission launch a new consultation with the interested 
parties.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

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 
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  basis  for  the  proposal  is  Article  194  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

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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 replaces an existing Regulation. 

4. 

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. 

5. 

OPTIONAL ELEMENTS 

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.  

Review clause 

By 31 December 2016, the Commission will review the reporting and monitoring mechanism 
laid down by the new Regulation. 

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2013/0082 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the notification to the Commission of investment projects in energy 
infrastructure within the European Union and replacing Council Regulation (EU, 
Euratom) No 617/2010  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 194 thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee, 

Having regard to the opinion of the Committee of the Regions,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Obtaining an overall picture of the development of investment in energy infrastructure 
in the Union is essential for the Commission to perform its tasks in the field of energy. 
The  availability  of  regular  and  up-to-date  data  and  information  should  enable  the 
Commission  to  make  the  necessary  comparisons,  evaluations  or  to  propose  relevant 
measures based on appropriate figures and analysis, in particular concerning the future 
energy supply-demand balance. 

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

The new energy context requires significant investment in all kinds of infrastructure in 
all energy sectors as well as the development of new types of infrastructure and new 
technologies to be 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.  At  the  same  time,  new  policy  requirements  such  as  targets 
affecting  the  fuel  mix  will  alter  Member  States’  policies  towards  new  and/or 
modernised energy infrastructure. 

In this context, greater attention should be paid to investment in energy infrastructure 
in  the  Union,  in  particular  with  a  view  to  anticipating  problems,  promoting  best 
practices  and  establishing  greater  transparency  on  the  future  development  of  the 
Union’s energy system. 

The Commission and in particular its Market Observatory for Energy should therefore 
have  at  its  disposal  accurate  data  and  information  on  investment  projects,  including 
decommissioning,  in  the  most  significant  components  of  the  energy  system  of  the 
Union. 

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(6) 

(7) 

(8) 

Data and information regarding foreseeable developments in production, transmission 
and storage capacities and projects in the various energy sectors are of interest to the 
Union and important to future investment. It is therefore necessary to ensure that the 
Commission 
investment  projects  on  which  construction  or 
decommissioning  work  has  started  or  on  which  a  final  investment  decision  has  been 
taken. 

is  notified  of 

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. Such additional reporting is without prejudice to Articles 41 to 44 
of the Euratom Treaty. 

In order for the Commission to have a consistent view of the future developments of 
the  Union’s  energy  system  as  a  whole,  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. 

(9)  Member States should, to this end, notify to the Commission, data and information on 
investment  projects  in  energy  infrastructure  concerning  production,  storage  and 
transport of oil, natural gas, electricity, including electricity from renewable sources, 
bio-fuels and the capture and storage of carbon dioxide planned or under construction 
in  their  territory,  including  interconnections  with  third  countries.  Undertakings 
concerned  should  be  under  an  obligation  to  notify  to  the  Member  State  the  data  and 
information in question. 

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

two years should be sufficient. 

(11)  With a view to avoiding disproportionate administrative burdens and to minimise costs 
to  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 energy sector-specific legal acts, adopted by the institutions 
of the Union, aiming at achieving the objectives of competitive energy markets in the 
Union,  of  sustainability  of  the  energy  system  of  the  Union  and  of  the  security  of 
energy supply to the Union. Any duplication of reporting requirements specified in the 
third  internal  market  package  for  electricity  and  natural  gas  should  therefore  be 
avoided. 

(12)  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 
appropriate  measures  to  that  effect,  in  particular  the  operation  of  integrated  IT  tools 
and procedures. 

(13)  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  Council1,  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  Council2.  This  Regulation  leaves  those  provisions 
intact. 

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2 

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

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(14)  Member  States,  or  their  delegated  entities,  and  the  Commission  should  preserve  the 
confidentiality  of  commercially  sensitive  data  and  information.  Therefore,  Member 
States  or  their  delegated  entities  should,  with  the  exception  of  data  and  information 
related  to  cross-border  transmission  projects,  aggregate  such  data  and  information  at 
national  level  before  submitting  it  to  the  Commission.  If  required  the  Commission 
should further aggregate this data in such a way that no details concerning individual 
undertakings and installations are disclosed or can be inferred. 

(15)  The Commission and in particular its Market Observatory for Energy should provide a 
regular  and  cross-sector  analysis  of  the  structural  evolution  and  perspectives  of  the 
Union 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 an energy supply and demand 
balance.  The  analysis  should  also  form  a  contribution  to  a  discussion  at  Union  level 
about  energy  infrastructures  and  should  therefore  be  forwarded  to  the  European 
Parliament, the Council and the European Economic and Social Committee and made 
available to interested parties. 

(16)  The  Commission  may  be  assisted  by  experts  from  Member  States  or  any  other 
competent  experts,  with  a  view  to  developing  a  common  understanding  of  potential 
infrastructure gaps and associated risks and to fostering transparency regarding future 
developments. 

(17)  This Regulation replaces Council Regulation (EU, Euratom) No 617/2010 of 24 June 
2010, which was annulled by the European Court of Justice on 6 September 2012 and 
whose effects were maintained until a new regulation is adopted3. 

(18)  The  form  and  technical  details  of  the  notification  to  the  Commission  of  data  and 
information  on  investment  projects  in  energy  infrastructure  are  set  out  in  the 
Commission  Regulation  (EU,  Euratom)  No  833/2010  of  21  September  2010, 
implementing  Council  Regulation  (EU,  Euratom)  No  617/2010.  Commission 
Regulation  (EU,  Euratom)  No  833/2010  remains  applicable  until  its  revision,  which 
will follow the adoption of this Regulation.  

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject matter and scope 

1. 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,  including  electricity  from  renewable  sources,  and  bio-fuel  sectors,  and  on 
investment  projects  related  to  the  capture  and  storage  of  carbon  dioxide  produced  by  these 
sectors. 

2.  This  Regulation  shall  apply  to  investment  projects  of  the  types  listed  in  the  Annex  on 
which  construction  or  decommissioning  work  has  started  or  on  which  a  final  investment 
decision has been taken. 

Member  States  may  furthermore  submit  any  estimated  data  or  preliminary  information  on 
investment projects of the types listed in the Annex on which construction work is scheduled 

3 

Case C- 490/10, European Parliament v Council of the European Union [OJ C 331/2 of 27.10.2012] 

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to start within five years and to those which are scheduled to be decommissioned within three 
years, but for which a final investment decision has not been taken. 

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 
production, transmission and storage; 

2.‘investment projects’ means projects aiming at: 

(i) building new infrastructure; 

(ii)  transforming,  modernising,  increasing  or  reducing  capacities  of  existing 
infrastructure; 

(iii) partial or total decommissioning of existing infrastructure; 

3.‘final investment decision’ means the decision taken at the level of an undertaking 
to  definitively  earmark  funds  towards  the  investment  phase  of  a  project,  the 
investment phase meaning the phase during which construction or decommissioning 
takes  place  and  capital  costs  are  incurred.  The  investment  phase  excludes  the 
planning  phase,  during  which  project  implementation  is  prepared  and  which 
includes,  where  appropriate,  a  feasibility  assessment,  preparatory  and  technical 
studies, obtaining licences and authorisations and incurring capital costs; 

4.‘investment  projects  under  construction’  means  investment  projects  for  which 
construction has started and capital costs are incurred; 

5.‘decommissioning’ means the phase where an infrastructure is permanently taken 
out of operation; 

6.‘production’  means  the  generation  of  electricity  and  the  processing  of  fuels, 
including bio-fuels; 

7.‘transmission’ means the transport of energy sources or products or carbon dioxide, 
through a network, in particular: 

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

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

8.‘storage’  means  the  stocking  on  a  permanent  or  temporary  basis  of  energy  or 
energy sources in above-ground or underground infrastructure or geological sites or 
containment of carbon dioxide in underground geological formations; 

9.‘undertaking’  means  any  natural  or  legal  private  or  public  person,  deciding  or 
implementing investment projects; 

10.‘energy sources’ means: 

(i) primary energy sources, such as oil, natural gas or coal; 

(ii) transformed energy sources, such as electricity; 

(iii)  renewable  energy  sources  including  hydroelectricity,  biomass,  biogas, 
wind, solar, tidal, wave and geothermal energy; and 

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(iv) energy products, such as refined oil products and bio-fuels; 

11.‘specific body’ means a body entrusted by any energy sector-specific legal act of 
the  Union  with  the  preparation  and  adoption  of  Union-wide  multi-annual  network 
development  and  investment  plans  in  energy  infrastructure,  such  as  the  European 
network of transmission system operators for electricity (‘ENTSO-E’) referred to in 
Article  4  of  Regulation  (EC)  No  714/2009  of  the  European  Parliament  and  of  the 
Council  of  13  July  2009  on  conditions  for  access  to  the  network  for  cross-border 
exchanges  in  electricity4  and  the  European  network  for  transmission  system 
operators  for  gas  (‘ENTSO-G’)  referred  to  in  Article  4  of  Regulation  (EC)  No 
715/2009  of  the  European  Parliament  and  of  the  Council  of  13  July  2009  on 
conditions for access to the natural gas transmission networks5. 

Article 3 

Notification of data 

1.  While  keeping  the  collection  and  reporting  burden  proportionate,  Member  States  or  the 
entities to which they delegate this task to shall compile all data and information specified in 
this Regulation from 1 January 2015 and from then onwards every two years. 

They shall notify the data and relevant project information specified in this Regulation to the 
Commission  in  2015,  that  year  being  the  first  reporting  year,  and  from  then  onwards  every 
two  years.  This  notification  shall  be  made  in  aggregated  form,  except  for  data  and  relevant 
information relating to cross-border transmission projects. 

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

2.  Member  States  or  their  delegated  entities  are  exempted  from  the  obligations  set  out  in 
paragraph  1,  provided  that,  and  to  the  extent  that,  pursuant  to  energy  sector-specific  Union 
law or the Euratom Treaty: 

(a)  the  concerned  Member  State  or  its  delegated  entity  has  already  notified  to  the 
Commission  data  or  information  equivalent  to  the  requirements  of  this  Regulation 
and has indicated the date of the notification and the specific legal act concerned; or 

(b)  a  specific  body  is  entrusted  with  the  preparation  of  a  multi-annual  investment 
plan  in  energy  infrastructure  at  Union  level  and  compiles  to  this  end  data  and 
information equivalent to the requirements of this Regulation. In this case and for the 
purposes  of  this  Regulation,  the  specific  body  shall  notify  all  the  relevant  data  and 
information to the Commission. 

Article 4 

Data sources 

The undertakings concerned shall notify the data or information referred to in Article 3 to the 
Member  States,  or  their  delegated  entities,  in  whose  territory  they  are  planning  to  carry  out 
investment  projects  before  1  June  of  each  reporting  year.  The  data  or  information  notified 
shall reflect the situation of investment projects as of 31 March of the relevant reporting year. 

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OJ L 211, 14.8.2009, p. 15. 
OJ L 211, 14.8.2009, p. 36. 

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The  first  paragraph  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. 

Article 5 

Content of the notification 

1.  With  regard  to  investment  projects  of  the  types  listed  in  the  Annex,  the  notification 
provided for in Article 3 shall indicate, where appropriate: 

(a) the volume of the capacities planned or under construction; 

(b) the type and main characteristics of infrastructure or capacities planned or under 
construction,  including  the  location  of  cross-border  transmission  projects,  if 
applicable; 

(c) the probable year of commissioning; 

(d) the type of energy sources used; 

(e)  the  installations  capable  of  responding  to  security  of  supply  crises,  such  as 
equipment enabling reverse flows or fuel switching; and 

(f)  the  equipment  of  carbon  capture  systems  or  retrofitting  mechanisms  for  carbon 
capture and storage. 

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; and 

(b) the probable year of decommissioning. 

3.  Any  notification  under  Article  3  shall  include  where  appropriate  the  total  volume  of 
installed production, transmission and storage capacities which are in place at the beginning 
of the reporting year concerned or whose operation is interrupted for a period exceeding three 
years. 

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

Article 6 

Quality and publicity of data 

1. Member States, their delegated entities or, where appropriate, the specific bodies shall aim 
to  ensure  the  quality,  relevance,  accuracy,  clarity,  timeliness  and  coherence  of  data  and 
information they notify to the Commission. 

In  case  of  specific  bodies,  the  data  and  information  notified  may  be  accompanied  by 
appropriate comments from Member States. 

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

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3.  Member  States,  the  Commission,  or  their  delegated  entities  shall  each  preserve  the 
confidentiality of commercially sensitive data or information in their possession. 

Article 7 

Implementing provisions 

Within  the  limits  laid  down  by  this  Regulation,  the  Commission  shall  adopt,  within  two 
months  after  the  entry  into  force  of  this  Regulation,  the  provisions  necessary  for  its 
implementation, concerning the form and other technical details of the notification of data and 
information referred to in Articles 3 and 5. Until then, Commission Regulation (EU, Euratom) 
No  833/2010  of  21  September  2010  implementing  Council  Regulation  (EU,  Euratom)  No 
617/2010 remains applicable.  

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 
on energy infrastructure 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 Union 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  the  Union’s  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,  and  taking  into  account  relevant 
analyses such as the multi-annual network development plans for gas and for electricity, the 
Commission  shall  forward  to  the  European  Parliament,  to  the  Council  and  to  the  European 
Economic and Social Committee and shall publish every two years a cross-sector analysis of 
the  structural  evolution  and  perspectives  of  the  energy  system  of  the  Union.  This  analysis 
shall aim in particular at: 

(a) identifying potential future gaps between energy demand and supply that are of 
significance from an energy policy perspective of the Union; 

(b)  identifying  investment  obstacles  and  promoting  best  practices  to  address  them; 
and 

(c) increasing transparency for market participants and potential market entrants. 

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

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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, professional associations with specific 
competence in the area concerned. 

The  Commission  shall  provide  all  Member  States  with  an  opportunity  to  comment  on  the 
draft analyses. 

3.  The  Commission  shall  discuss  the  analyses  with  interested  parties,  such  as  ENTSO-E, 
ENTSO-G, the Gas Coordination Group and the Oil Supply Group. 

Article 11 

Review 

By 31 December 2016, the Commission shall review the implementation of this Regulation, 
and  present  a  report  on  the  results  of  this  review  to  the  European  Parliament  and  to  the 
Council.  In  the  review,  the  Commission  shall,  inter  alia,  examine  the  possible  extension  of 
the scope to include the extraction of gas, oil and coal. 

Article 12 

Repeal 

Council Regulation (EU, Euratom) N° 617/2010 shall be repealed from the date of the entry 
into force of this Regulation.  

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 European Parliament 
The President 

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 million tonnes a year, 

extension of distilling capacity beyond 1 million 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 million 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  million  tonnes  a 
year,  and  extension  or  lengthening  of  these  pipelines,  which  are  not  less  than  30 
kilometres long, 

pipelines which constitute essential links in national or international interconnecting 
networks and pipelines and projects of common interest identified in the guidelines 
established  under  Article  171  of  the  Treaty  on  the  Functioning  of  the  European 
Union (‘TFEU’). 

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 150 000 m 3 or more or, in the case of tanks, with a capacity not less than 
100 000 m 3), 

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

2. 

GAS  

2.1. 

Transmission 

– 

– 

gas, including natural gas and biogas, transport pipelines that form part of a network 
which mainly contains high-pressure pipelines, excluding pipelines that form part of 
an  upstream  pipeline  network  and  excluding  the  part  of  high-pressure  pipelines 
primarily used in the context of local distribution of natural gas, 

pipelines  and  projects  of  common  interest  identified  in  the  guidelines  established 
under Article 171 TFEU. 

2.2. 

LNG terminals 

– 

terminals for the importation of liquefied natural gas, with a regasification capacity 
of 1 billion m 3 per year or more.  

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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  capacity  of  100  MWe  or 
more), 

biomass/bioliquids/waste power generation installations (with a capacity of 20 MW 
or more), 

power stations with cogeneration of electricity and useful heat (installations with an 
electrical capacity of 20 MW or more), 

hydro-electric power stations (installations having a capacity of 30 MW or more), 

wind power farms with a capacity of 20 MW or more, 

concentrated solar thermal and geothermal installations (with a capacity of 20 MW 
or more), 

photovoltaic installations (with a capacity of 10 MW or more). 

3.2. 

Transmission 

– 

– 

– 

overhead  transmission  lines,  if  they  have  been  designed  for  the  voltage  commonly 
used at the national level for the interconnection lines, and provided they have been 
designed for a voltage of 220 kV or more, 

underground  and  submarine  transmission  cables,  if  they  have  been  designed  for  a 
voltage of 150 kV or more, 

projects of common interest identified in the guidelines established under Article 171 
TFEU 

4. 

BIOFUEL 

4.1. 

Production 

– 

5. 

Installations that are able to produce or refine bio-fuels (installations with a capacity 
of 50 000 tonnes/year or more). 

CARBON DIOXIDE 

5.1. 

Transport 

– 

CO 2 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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