CELEX: 51992PC0015(02)
Language: en
Date: 1992-02-24
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING A DECLARATION OF EUROPEAN INTEREST TO FACILITATE THE ESTABLISHMENT OF TRANS-EUROPEAN NETWORKS IN THE ELECTRICITY AND NATURAL GAS DOMAIN

20 . 3 . 92                               Official Journal of the European Communities                                      No C 71 / 9
                                                                   ANNEX
                                              Eligibility conditions referred to in Article 3
             1 . The project presented must generate direct economic effects in the Community. A joint project
                 involving one or more Member States of the Community and one or more third countries may also be
                 submitted for consideration for a declaration of European interest.
             2 . The project must be clearly described and defined in all its aspects (nature and content of the project,
                 objectives and expected benefits, participants , future users, populations and local communities
                 concerned, location, timetable for implementation, technical specifications and other relevant infor­
                 mation).
             3 . The project must have been the subject of technical and economic feasibility studies, showing that it is
                 economically sound and viable, indicating the foreseeable obstacles to its completion. The results of such
                 studies must be attached to the application.
             4 . The studies presented must demonstrate the viability of the project and the profitability for private
                 investments participating significantly in its realization. The description of the mechanisms which should
                 be put in place to ensure the financing of the project will be communicated to the Commission in
                 confidence .
             5 . Where relevant, the project must have been the subject of an environmental impact study.
             6 . The procedure for implementation envisaged must be consistent with Community policies and legis­
                 lation, and particularly with the policies on competition, liberalization of public procurement, and
                 environment .
             Proposal for a Council Regulation (EEC) introducing a declaration of European interest to
             facilitate the establishment of trans-European networks in the electricity and natural gas domain
                                                               (92/C 71 /06)
                                                            COM(92) 15 final
                                       (Submitted by the Commission on 24 February 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Whereas the realization of the free movement of
                                                                           persons, goods, and services, and the reinforcement of
                                                                           the economic and social cohesion of the Community
Having regard to the Treaty establishing the European                      requires trans-European networks for electricity and
Economic Community, and in particular Article 235                          natural gas ;
thereof,
Having regard to the proposal from the Commission,                         Whereas the financing requirements for such trans­
                                                                           European networks mean that all available resources,
Having regard to the opinion of the European                               and in particular private capital, must be mobilized ;
Parliament ,
Having regard to the opinion of the Economic and                           Whereas, if such trans-European network projects are to
Social Committee ,                                                         attract the necessary financial resources , the technical ,
 ---pagebreak--- No C 71 / 10                          Official Journal of the European Communities                                    20 . 3 . 92
legal , administrative and political conditions conducive                                   Article 2
to their implementation must exist ;
                                                                A declaration of European interest is an acknowl­
                                                                edgement that implementation of the project comes
Whereas a determination by the Community institutions           within the series of guidelines established by the Council
to promote and facilitate the implementation of projects,       covering the objectives , priorities and the broad lines of
recognized as being of European interest and as being            measures in the sphere of trans-European electricity and
economically sound , is likely to facilitate their financing     natural gas transmission networks .
privately ;
Whereas such a commitment could be expressed in the
                                                                The grant of this declaration shall not, however, create
form of a declaration of European interest ;
                                                                 any right to financing at whatever stage of the project
                                                                 and in any form whatsoever, from the Community or the
Whereas this declaration should allow the Member                 Member States .
States to take the appropriate measures for the real­
ization of the guidelines established by the Council ;
                                                                                            Article 3
Whereas before such a declaration is issued all interested
parties should have the opportunity to make known their          In order to be eligible for a declaration of European
views ;                                                          interest, projects shall satisfy the conditions set out in the
                                                                 Annex hereto .
Whereas such a declaration should not create a right to
any financing at any stage of the project or in any form
whatsoever, on the part of the Community or the
Member States ;                                                                             Article 4
                                                                 Projects shall be submitted to the Commission .
Whereas a declaration should permit the opening up to
competition of the realization of the projects while
ensuring transparency in the implementation of the
guidelines for trans-European networks for transmission          The Commission shall carry out a preliminary assessment
of electricity and natural gas ;                                 of conformity with the conditions laid down.
Whereas a declaration should be attributed to a project
on the basis of its profile and therefore should not set its
sights on a particular promoter ;                                If, following this evaluation, the Commission considers
                                                                 that the conditions have been satisfied , it shall invite the
                                                                 Member States to make known their observations within
Whereas the Commission should report on declarations            -a specified period .
of European interest issued and their practical conse­
quences , so that the effectiveness of the procedure
 introduced may be assessed ;
                                                                 The Commission shall also publish a description of the
                                                                 project, its main features and a statement as to its eligi­
 Whereas the Treaty, for adoption of this Regulation,            bility for a declaration of European interest in the
 does not provide powers other than those contained in            Official Journal ofthe European Communities, with a view
 Article 235 ,
                                                                 to allowing other interested parties to express their views .
                                                                 Interested parties shall have three months from the date
 HAS ADOPTED THIS REGULATION :
                                                                 of publication within which to make known their
                                                                 opinions to the Commission .
                           Article 1
 In order to facilitate the emergence and establishment of                                   Article 5
 the trans-European networks necessary to the proper
 functioning of the area without internal frontiers and to       The Commission shall carry out a detailed assessment of
 the reinforcement of the economic and social cohesion           the conformity to the objectives set out to ensure that the
 of the Community, a declaration of European interest            project corresponds with the objectives and priorities of
 may be granted to particular projects involving electricity     the Member State or Member States concerned, within
 or natural gas .                                                the framework of the guidelines referred to in Article 2 .
 ---pagebreak--- 20 . 3 . 92                                  Official Journal of the European Communities                                    No C 71 / 11
The Commission shall grant the declaration of European                                                  Article 7
interest within six months of the date of invitation to the
Member States to make known their views. In duly                             The Commission shall, by 31 December 1996, transmit
justified circumstances the Commission may extend this                       to the European Parliament and the Council a report
period .                                                                     assessing the effectiveness of the procedure introduced
                                                                             and accompanied, where necessary, by appropriate
                                                                             proposals .
                                                                                                        Article 8
                             Article 6
                                                                             This Regulation shall enter into force on 1 January 1993.
The Commission shall see to it that the information                          It shall expire on 31 December 1997 .
obtained in the framework of this Regulation is used
with due regard to the protection of the interests of all                    This Regulation shall be binding in its entirety and
the parties concerned.                                                       directly applicable in all Member States.
                                                                     ANNEX
                                                 Eligibility conditions referred to in Article 3
              1 . The project must generate direct economic effects in the Community. A joint project involving one or
                  more Member States of the Community and one or more third countries may also be submitted for
                  consideration for a declaration of European interest.
              2 . The project must be clearly described and defined in all its aspects (nature and content of the project,
                  objectives and expected benefits, participants, future users, populations and local communities
                  concerned , location, timetable for implementation , technical specifications and other relevant infor­
                  mation).
              3 . The project must have been the subject of technical and economic feasibility studies, showing that it is
                  economically sound and viable, indicating the foreseeable obstacles to its completion. The results of such
                  studies must be attached to the application.
              4 . The studies presented must demonstrate the viability of the project and the profitability for private
                  investments participating significantly in its realization. The description of the mechanisms which should
                  be put in place to ensure the financing of the project will be communicated to the Commission in
                  confidence .
              5 . Where relevant, the project must have been the subject of an environmental impact study.
              6. The procedure for implementation must be consistent with Community policies and legislation, and,
                  particularly, the policies on competition, liberalization of public procurement, and environment.