CELEX: 31980H0823
Language: en
Date: 1980-07-29 00:00:00
Title: 80/823/EEC: Commission recommendation of 29 July 1980 on the rational use of energy in industrial enterprises

Avis juridique important

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31980H0823

80/823/EEC: Commission recommendation of 29 July 1980 on the rational use of energy in industrial enterprises  

Official Journal L 239 , 12/09/1980 P. 0026 - 0037 Greek special edition: Chapter 12 Volume 2 P. 0056  Spanish special edition: Chapter 12 Volume 4 P. 0008  Portuguese special edition Chapter 12 Volume 4 P. 0008 

COMMISSION RECOMMENDATION of 29 July 1980 on the rational use of energy in industrial enterprises (80/823/EEC)    THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas by its resolution of 17 December 1974 the Council instituted a Community action programme on the rational utilization of energy (1), and whereas the Commission, in its communications to the Council of 24 February 1977 (2) and 15 June 1979 (3), drew up further Community action programmes in this field;  Whereas the conclusions reached by the European Council on 12 and 13 March 1979 reaffirmed the targets for the efficient use of energy for 1985 and widened their scope;  Whereas the resolution of the European Council of 9 June 1980 (4) concerning new lines of action by the Community in the field of energy saving invites the Member States to take energy saving measures in all the principal sectors including industry;  Whereas a large part of the programme in question is concerned with the industrial sector, which can make a significant contribution to improved utilization of energy without compromising its own economic objectives;  Whereas the efficient use of energy in industry sometimes encounters obstacles which are difficult to overcome without assistance from outside, unless appropriate use is made of reciprocal information facilities and the opportunities for spreading know-how which exist, particularly at Community level, are exploited;  Whereas the difficulty of effecting energy savings is particularly acute in undertakings of modest size or undertakings for which energy is a marginal factor of production cost ; whereas, however, the total consumption of energy by these same categories of undertakings accounts for a very large share of the total energy consumption in the industrial sector;  Whereas, in order to achieve Community energy saving objectives, it is vital to identify the potential savings existing in small and medium-sized undertakings by means of official measures, together with private initiatives;  Whereas the number and scattered location of small and medium-sized undertakings, as well as their comparative isolation from research, information, consultation or assistance centres justify the use of appropriate means to carry out checks and analyses of energy consumption in such undertakings as request them;  Whereas one of the most appropriate means is a mobile service involving vehicles (energy buses) equipped with computers and measuring instruments and manned by specialists;  Whereas such a system not only makes it possible to identify a significant part of the potential savings in such enterprises, but also allows the collection of data which will provide the persons responsible for energy problems with a basis for defining a rational energy policy;  Whereas the optimum use of such a system would be its integration in a Community information and evaluation service such as to ensure the dissemination of information and an exchange of energy data between the Member States, whilst guaranteeing confidentiality;  Whereas the aid to promote the efficient use of energy in the industrial sector which already exists in some Member States, notably in the form of consultancy services, could benefit from the introduction of such a system;  Whereas the Joint Research Centre could be given the task of centralizing and evaluating data at Community level;  Whereas the establishment of this system at Community level may profit from the offer of cooperation from the Canadian Government, which is willing to make available to the Community its own experience  (1) OJ No C 153, 9.7.1975, p. 5.  (2) COM(77) 39 final.  (3) COM(79) 312 final and COM(79) 313 final.  (4) OJ No C 149, 18.6.1980, p. 3.   in this sector, under the Framework Agreement for commercial and economic cooperation between the European Communities and Canada;  Whereas the national systems should adopt certain common specifications which would inter alia make it possible to use the software available in the context of the Canadian energy bus programme;  Whereas the Member States and industry have shown interest in this initiative;  Whereas attainment of the objectives of this Community programme necessitates the conclusion of an agreement between the Commission and interested parties defining the respective obligations in relation to participation in the programme ; whereas participation should be restricted to non-profit-making bodies and natural or legal persons which, in so participating, have no objective other than to promote the rational use of energy, such as the sale of products or services likely to call into question the objectivity of the consultation,  RECOMMENDS THAT THE MEMBER STATES:       1. Promote, in the context of their programmes for the rational use of energy, the setting-up of consultation and technical assistance services, particularly for small and medium-sized undertakings, based on the "energy bus" principle described in Annex I;       2. Promote solutions capable of being incorporated into a Community information and evaluation system set up at the Ispra Establishment (1) of the Joint Research Centre and, in order to facilitate such incorporation, suggest to interested parties that they adopt the common specifications described in Annex II;       3. Invite interested parties to contact the Commission  (2) with a view to concluding an agreement, the model for which is set out in Annex III.     Done at Brussels, 29 July 1980.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1) European Data System for Energy Savings, Joint Research Centre - Ispra Establishment, 21020 ISPRA (Varese) - Italy.  (2) Directorate-General for Internal Market and Industrial Affairs, Rue de la Loi, 200, 1049 Brussels.    ANNEX I THE COMMUNITY ENERGY BUS PROGRAMME PROGRAMME FOR TECHNICAL ADVICE AND SUPPORT IN THE FIELD OF RATIONAL USE OF ENERGY      1. Introduction  This programme aims at intensifying the advisory and technical assistance that is available within the European Community in the field of rational use of energy.  The programme is intended to assist mainly small and medium-sized industrial firms to save energy. Unlike large companies the small and medium ones often have neither sufficient knowledge nor the technical resources to identify either potential energy savings in their factories and workshops or, moreover, to determine appropriate energy saving measures.  The "energy bus system" has proved to be an appropriate tool for this kind of assistance and the Canadian Department of Energy, Mines and Resources (EMR) has, as part of its "National energy bus program", run such a mobile system since 1977 with great success.  Due to this, the Community programme has been based on the principle of the "energy bus system" which comprises a certain number of vehicles and an organization responsible for their operation.  The main Community characteristic of the programme is the establishment of "national energy bus systems" in the Member States by the participants in this programme and the mutual exchange of knowledge and experience, gained through the operation of their systems, between them.  In order to facilitate this exchange, a common information and evaluation service (hereunder called "Central Service") is set up at the Joint Research Centre in its Ispra Establishment (JCR - Ispra).           2. The energy bus  The energy bus according to the Canadian model, is devised to perform on-site energy audits in firms, in order to give practical advice on the rational use of energy. The bus is equipped with a computer, measuring instruments and video display units and manned by an engineer and a technician. During the advisory visit, which on average lasts one day, the firm's energy use pattern is analysed by means of the on-board computer and the potential energy savings are identified.  The advisory service includes the following:        - computer-assisted energy audits, using energy data provided beforehand by the client, supplemented by data obtained on-site by the bus personnel;               - presentation of the energy audits results to plant management via video display and hard-copy printouts;               - demonstration of the possibilities for rational energy use by means of models and audio-visual techniques;               - discussion with the plant management on the nature and magnitude of potential energy savings and preliminary advice on measures that can be taken by the client;               - a report on the results of the advisory visit which is subsequently forwarded to the client.                 The energy saving measures recommended to the client are generally simple technical solutions which can immediately be put into operation and require no or only small capital expenditure.  As to the more complicated technical problems that are identified, the client is recommended to contact a qualified consultancy firm. Therefore the energy bus is by no means to be regarded as a competitor to private consultants ; on the contrary it prepares work for them.            3. Cooperation EC/Canada  For the setting up of the energy bus system in the Community and for its operation, use will be made of the Canadian experience.  A Memorandum of Understanding concerning the cooperation between the European Community and Canada in the field of the energy bus was signed on 17 December 1979. The main objective of this cooperation is an increasing two-way flow of information and data, gained through the energy bus programmes, between the European Community and Canada.  On the basis of this Memorandum of Understanding, Canada will among other things support the Community energy bus programme in the following ways:        - making available its know-how in the field of the energy bus, including the computer software;               - training of the first European energy bus crews.               - sending to Europe for about two months a fully equipped energy bus to make demonstration visits to all interested Member States.                         4. The national energy bus system  In the Member States the participants in the Community programme establish their own energy bus system. It consists of a certain number of energy buses and an organization responsible for their operation.  The participants run their energy bus system independently and at their own discretion. However with regard to the use of common software and the exchange of software, the on-board bus computers and their peripherals should correspond to common technical specifications (see Appendix II).  The participants transmit, as specified in Appendix II, to the Central Service at Ispra anonymous information and data which they gain during the operation of their energy bus systems.  The Central Service evaluates this information and data and makes the results of this evaluation available to the participants.  In order to facilitate the exchange of computer software, it is intended that the national energy bus systems use a common computer language (BASIC).  The initial software for the on-board computers of the energy buses is made available to the participants by the Commission of the European Communities. This software oonsists of a set of computer programs developed by the Canadian Department of Energy, Mines and Resources (EMR). All computer software being developed later on by the participants and by the Central Service will be freely exchanged between these parties.  The training of the bus crews is the concern of the participants, however, Canada is prepared to train the first European crews without charge. With the assistance of these crews it should be possible to train further crews. This training could be based on a joint training scheme.  The further instruction and training of the bus crews and the mutual exchange of experience could take place largely at Community level, e.g. by means of Community seminars, symposia, periodicals and booklets.       5. The Central Information and Evaluation Service  This Central Service to be established in the Joint Research Centre at Ispra (JRC - Ispra) has the task of ensuring the exchange of information and energy data between the energy bus systems in the Member States and other partners cooperating in this field, especially the Canadian EMR.  To fulfil this task the Central Service will:   - Set up and operate a common data base containing the following types of information:      (a) the basic description of energy users,           (b) data pertaining to their energy consumption,           (c) potential energy savings,           (d) actual energy savings.   The information will be collected in the form of reports or case studies, showing how energy savings were made.      - Use the data that is fed into the data base to give statistically derived information (1) which will be made available to all partners of the Community energy bus programme.           - Set up a computer library for the field of energy saving containing especially programs and program documentation originating in energy bus systems.           - Participate in the adaptation of the Canadian software to the European conditions.           - Participate in the development and improvement of software for on-board energy bus computers.           - Organize seminars and workshops in the field of the energy bus.                  6. Start-up and duration of programme  The first phase is taken up with fulfilling the organizational and technical prerequisites for operating the buses and exchanging information and data. This means setting up the national energy bus systems and the central service at Ispra, training the bus crews and adapting the Canadian software to European conditions.  The actual energy bus programme will follow this preparatory phase as soon as energy buses in at least two Member States have been put into operation.  The evaluation of the effectiveness of the results of the cooperation at Community level will be done by the working group "Rational use of energy in industry" after three years of execution . On the basis of this evaluation, the group will furnish an opinion allowing the participants to decide on the continuation and/or possible modifications of the programme.   (1) Specific energy consumption, potential savings, average savings by industrial sector.    ANNEX II COMMON TECHNICAL SPECIFICATIONS  These specifications contain the minimum conditions to assure the good functioning of the exchange of information, data and computer programs between the participants in the Community energy bus programme and between them and other cooperating partners, especially Canada. They will be completed and extended in so far as the further development of the energy bus systems makes it necessary.      1. Software  As a future exchange of software developed by the participants in the Community energy bus programme is envisaged, only one computer language will be used for such software. At present the only computer program system available is written in the language BASIC. Therefore in order to maintain a minimum of compatibility with the existing system, new programs must also be written in BASIC.           2. Hardware  Data and computer programs will be sent on magnetic tapes to the central information and evaluation service (1). Therefore the computers used by the participants must be capable of writing on such tapes, or have the possibility of being linked with a computer that can. (The type of tape is indicated in 5.)  Finally if the programs are to be as interchangeable as possible the hardware should consist of those peripherals demanded by the system of the Canadian EMR (2).           3. Common data base  A common data base has been set up at the JRC Ispra with the aim of storing data that will be used to give information on energy saving in different industrial sectors.  It is envisaged that these data, each group of which will refer to a single visit, will be sent by the participants to Ispra on a magnetic tape. In this case, some information and data will be sent in the form of codes, details of which are to be found in Table I. Initially a limited amount of data may be sent in written form, but this of course seriously reduces the speed with which data can be stored on the data base.  Each group of data coming from visits should include, if possible, most of the elements below.  General  Visit number, country, region, date of visit.  Year of construction for buildings or year of commissioning for processes.  Type of business (NACE 1970/NIPRO 1976).  Degree-days per month, for each of the 12 months prior to the visit.  Floor space in commercial, production and other zones (m2) that are conditioned.  Number of employees.  Operating hours/week.  Operating weeks/year.  Days in the heating season.  Average inside temperature ºC.  Product name (less than 16 characters), annual production, annual gross sales in local currency.  Raw material (less than 16 characters), quantity purchased, total annual raw material cost.  (1) European Data System for Energy Savings, Joint Research Centre - Ispra Establishment, 21020 Ispra (Varese), Italy.  (2) Department of Energy, Mines and Resources.  Annual energy use  Type of energy, annual consumption, annual cost, where it is used, quantity for each use.  Waste products  Name, temperature ºC, quantity, specific heat or high heating value.  Annual energy savings  Type of energy (resource code), savings method (savings code), potential savings, pay-back on investment in years, actual savings, textually described method of achieving energy savings.  Units are assumed to be those used in this paragraph and in the resource code (Table I).  Those participants not having a bus programme, but some form of energy saving scheme, will also make information of this kind available so that an exchange between them and the bus programme members can be instigated.  Instructions for transmitting data (magnetic tape)  Basic information:  With each tape an accompanying sheet is required giving the following information:  Origin of the tape - country and region if relevant, number of files (i.e. number of groups of data referring to single visits).  (Mailing and tape instructions : see 5 and 6.)           4. Program library  In order to put a computer program into the JRC program library Eurocopi, certain information is requested and a few simple instructions must be followed.  Basic information  Program identification.  Author(s).  Software components  Computer program (magnetic tape, listing or cards).  Test data.  Complete computer-printed output of the compilation and results of the test run.  Users' manual.  Completed program abstract preferably in a computer readable form (see Eurocopi program short description form).           5. Mailing instruction >PIC FILE= "T0018833">            6. Tape instructions >PIC FILE= "T0018834">                TABLE I Various codes to be used on the data base      1. Energy savings code   1. Building insulation           2. Infiltration reduction           3. Solar gain increase           4. Air ventilation volume reduction           5. H.V.A.C. equipment improvement (HVAC ; heating, ventilation, air-conditioning)           6. Stratification reduction          7. Domestic hot-water reduction       8. Temperature set-back       9. Combustion efficiency improvement       10. Heat recovery installation       11. Process efficiency improvement       12. Tanks and piping improvement       13. Process water reduction       14. Refrigeration improvement       15. Lighting reduction       16. Power factor improvement       17. Load factor improvement       18. Electrical equipment improvement       19. Reduction of operating hours          2. Pay-back code    1. Up to three months       2. Three to 12 months       3. One to three years       4. Over three years   3. Resource code >PIC FILE= "T0018835">     4. Country code      1. France           2. Belgium           3. The Netherlands           4. Germany            5. Italy       6. The United Kingdom       7. Ireland       8. Denmark       9. Luxembourg  31. Canada          5. Regional code (to be given by Member States)    6. Industrial classification codes  General industrial classification of economic activities within the European Community, NACE 1970.  Common nomenclature of industrial products, NIPRO 1976.      ANNEX III AGREEMENT  >PIC FILE= "T0018836">    Article 1 Purpose  The purpose of this Agreement is to establish cooperation between the parties and signatories to identical agreements, hereinafter called "participants", in connection with the Community energy bus programme described in Appendix I to the Commission recommendation of 29 July 1980.   The programme is to include cooperation with Canada(1) , in accordance with the Memorandum of Understanding signed by the Commission and the Government of Canada on 17 December 1979 and the exchange of letters relating thereto of ... I.    Article 2   Obligations of the Commission  The Commission:   1.   (a) shall place at the disposal of the Contractor the initial software consisting of a number of computer programs developed by the Canadian Department of Energy, Mines and Resources and intended for use in energy bus systems;   (b) shall provide, by sending the Contractor program abstracts, information on computer programs, hereinafter called "programs", prepared for or used in energy bus systems by itself, participants and Canada;   (c) shall transmit, at the Contractor's request, those programs over which it has the right of disposal;   (d) shall offer its services to help the Contractor acquire the right to use programs over which it does not have the right of disposal;   (e) undertakes not to transmit to third parties other than participants and Canada programs which have been placed at its disposal by the Contractor, without the latter's prior consent;    (1) Cooperation with the Canadian Department of Energy, Mines and Resources.    2.   (a) shall transmit periodically to the Contractor the results of analyses carried out by it of data collected as a result of the operation of energy bus systems and communicated by participants - including the Contractor - and Canada. Such results shall especially include:    - statistics concerning energy consumption and the potential energy savings in the various sectors of industry and production processes;       - information on measures to save energy in the various sectors of industry and production processes;          (b) undertakes not to communicate to third parties any information and data transmitted to it by the Contractor which have been declared confidential by the Contractor or are not in anonymous form;   (c) shall allow the Contractor, participants and Canada free access to its common data base containing exclusively information and data in anonymous form which are not confidential or which have acquired these characteristics after processing.      Article 3   Obligations of the Contractor  The Contractor:   1.   (a) shall transfer free of charge to the Commission those programs over which it has the right of disposal;   (b) shall transmit to the Commission abstracts of those programs over which it does not have the right of disposal;   (c) undertakes to use programs placed at its disposal by the Commission only for energy conservation purposes;   (d) undertakes not to request, in respect of the programs placed at its disposal by the Commission, compensation of a financial or other nature from those receiving its assistance in energy conservation matters;   (e) undertakes not to communicate to third parties programs which have been placed at its disposal by the Commission, without the latter's prior consent;   2.   (a) shall transmit periodically to the Commission information and data in anonymous form collected as a result of the operation of its energy bus system, as indicated in Annex II to the Commission recommendation of 29 July 1980;   (b) agrees to the use of such information and data by the Commission for processing, to the storage together with the results of the processing in the Commission's data base and to their being placed at the disposal of the participants and Canada, with the exception of information and data which are declared confidential and have not lost their confidential nature after processing;   (c) undertakes not to communicate to third parties any information and data obtained from the Commission pursuant to this Agreement without the Commission's prior consent.      Article 4   Duration  This Agreement shall terminate on 30 June 1983. It may be renewed, on each occasion for a period of one year, by common agreement reached between the parties at least three months before its expiry.    Article 5   Liability  Each party shall be solely liable for any loss, damage or injury caused by it to third parties in performing this Agreement. It shall be directly responsible for making compensation therefor and shall indemnify the other party in respect of any action for compensation for such loss, damage or injury which might be brought against it.      Article 6   Sub-contracts    (a) The Contractor may not, without the prior express authorization of the Commission, assign all or part of the rights and obligations arising under this Agreement or sub-contract the performance of the Agreement, even in part.        (b) Even where the Contractor receives the authorization of the Commission to sub-contract part of the work, it shall not be released from its obligations under this Agreement towards the Commission.       (c) Save as otherwise expressly agreed by the Commission, the Contractor shall be required to include in sub-contracts all terms and conditions enabling the Community in respect of subcontractors to exercise the same rights and enjoy the same guarantees as in the case of the Contractor itself.           Article 7   Amendments or additions to the Agreement  The provisions of this Agreement may be amended or supplemented only by means of a supplementary agreement signed by each of the parties or by a representative authorized to act on their behalf.    Article 8  Financial provisions  The performance by a party of the obligations resulting from this Agreement shall not entitle it to a financial contribution from the other party.   Article 9 Non-performance or late performance    (a) Each party shall inform the other party without delay, providing it with all the relevant information, of any event likely to prejudice performance of this Agreement. The parties shall determine by common agreement the measures to be taken.       (b) In the event of non-performance by the Contractor of one or more of its obligations under this Agreement and in the absence of the agreement provided for in paragraph (a), the Commission may, by registered post, serve notice upon the Contractor. If on the expiry of one month following such service the Contractor is still in breach of its obligations, the Commission shall be entitled, irrespective of the consequences provided for in the law applicable to the Agreement, to terminate the Agreement without further formality.            Article 10  Law applicable  This Agreement is governed by ... law.(1)    Article 11  Clause conferring jurisdiction  Where a dispute arises between the parties concerning this Agreement and they are unable to reach a settlement themselves, the Court of Justice of the European Communities shall have sole jurisdiction.  (1) I.e. the law of the country in which the Contractor is established.