CELEX: 51996PC0640
Language: en
Date: 1996-12-02
Title: Re-examined proposal for a COUNCIL DECISION concerning a multiannual programme for the promotion of energy efficiency in the Community -SAVE II-

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          Brussels, 02.12.1996
                                          COM(%) (>40 final
                                          95/0131 (SYN)
                     Re-examined proposal for a
                       COUNCIL DECISION
concerning a multiannual programme for the promotion
          of energy efficiency in the Community
                            - SAVE II -
     (presented by the Commission pursuant to Article 189 c (d)
                          of the EC Treaty)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The Commission adopted on the 31 May 1995 a proposal for a Council decision
concerning a multi-annual programme for the promotion of energy efficiency in the
Community SAVE II. The proposal is based on Article 130s (1) of the Treaty which
foresees the co-operation procedure with the European Parliament. On the 16 April
1996 the Parliament gave its opinion on the first reading. A Common position was
reached by the Council on 8 July 1996. On the 12 November 1996 the Parliament
gave its opinion on the second reading of the above Common Position. Fourteen
amendments were voted and accepted.
The principal preoccupations of the Parliament matched those of the Commission. Of
the fourteen amendments proposed, the Commission accepted three without reserve
(no 6,7 and 11) and 8 partially (no 4, 5, 8, 9, 12, 13, 14 and 15).
Three amendments had not been accepted by the Commission for the following
reasons:
•_Am. no2 as the goal of SAVE was only to contribute and not to fully realised the
objective fixed in 1986.
• Am. no3 because the objective to improve the energy intensity level by 1%
proposed by the Commission is already ambitious enough, and
• Am. no10 as it concerns activities which have not been retained in the programme.
The Commission presents in annex the re-examined proposal, which takes into
account amendments proposed by the Parliament.
                                         4
 ---pagebreak---                  Re-examined proposal for a
                   (PUNCH DIX ISION
concerning a multiannual programme for the promotion
         of energy efficiency in the Community
                       - SAVE II -
                     A     ^
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                            REEXAMINED PROPOSAL
THE COUNCIL OF THE EUROPEAN UNION,                         THE COUNCIL OF THE EUROPEAN UNION.
Having regard to the Treaty establishing the               Having regard to the Treaty establishing the
European     Community,        and in particular           European Community, and in particular
Article 130s(l) thereof,                                   Article 130s(l) thereof,
Having regard to         the   proposal     from    the    Having regard to       the  proposal    from     the
Commission ('),                                            Commission ('),
Having regard to the Opinion of the Economic               Having regard to the Opinion of the Economic
and Social Committee (2),                                  and Social Committee (2),
Having regard to the opinion of the Committee of           Having regard to the opinion of the Committee of
the Regions (3),                                           the Regions (3),
Acting in accordance with the procedure laid               Acting in accordance with the procedure laid
down in Article 189(c) of the Treaty (4),                  down in Article 189(c) of the Treaty (4),
(1)     Whereas Article 130r of the      Treaty states     (1)     Whereas Article 130r of the   Treaty states
        that one objective of the          Community               that one objective of the      Community
        policy on the environment         shall be to              policy on the environment      shall be to
        ensure a prudent and rational    utilization of            ensure a prudent and rational utilization of
        natural resources;                                         natural resources;
(2)     Whereas         at    its    meeting         on    (2)     Whereas       at   its    meeting         on
        29 October 1990 the Council set an                         29 October 1990 the Council set an
        objective of stabilizing total             C0 2            objective of stabilizing total          C0 2
        emissions by the year 2000 at the 1990                     emissions by the year 2000 at the 1990
        level in the Community as a whole;                         level in the Community as a whole;
          OJ No C 346, 23.12.1995, p. 14.
   0      OJNo C 82, 19. 3.1996, p. 13.
   (3)    OJNo C 129, 2. 5.1996, p. 36.
   (4)    Opinion of the European Parliament of 16 April 1996 (OJ No C
          Common Position of the Council of (              )
          and Decision of the European Parliament of     (              )
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                       REEXAMINED PROPOSAL
(3)     Whereas Decision          93/389/EEC (5)     (3)  Whereas       Decision     93/389/EEC (5)
        established a monitoring mechanism of             established a monitoring mechanism of
        Community C0 2 and other greenhouse gas           Community C0 2 and other greenhouse gas
        emissions;                                        emissions;
(4)     Whereas nonetheless, despite efforts made,   (4)  Whereas nonetheless, despite efforts made,
        C 0 2 emissions in the Community                  C 0 2 emissions in the Community
        generated by energy consumption are               generated by energy consumption are
        expected to increase by 5 to 8 % between          expected to increase by 5 to 8 % between
        1995 and 2000, assuming normal                    1995 and 2000, assuming normal
        economical growth; whereas, therefore,            economical growth; whereas, therefore,
        additional measures are indispensable;            additional measures are indispensable;
(5)     Whereas      the   Commission,      in   its (5)  Whereas      the    Commission,     in    its
        communication of 8 February 1990 on               communication of 8 February 1990 on
        energy and the environment, highlighted           energy and the environment, highlighted
        energy efficiency as the cornerstone of           energy efficiency as the cornerstone of
        future efforts to reduce the negative             future efforts to reduce the negative
        impact of energy on the environment;              impact of energy on the environment;
(6)     Whereas the improvement in the                (6) Whereas the improvement in the
        management of energy is urgently needed           management of energy is urgently needed
        in order to contribute to the protection of        in order to contribute to the protection of
        the environment, to a better security of          the environment, to a better security of
        energy     supply    and to     sustainable        energy    supply    and to sustainable
        development;                                       development;
 (7)    Whereas        the    Commission        has   (7) Whereas        the    Commission         has
         communicated to the Council and the               communicated to the Council and the
        European Parliament, by means of the               European Parliament, by means of the
         Green Paper of 11 January 1995 and the            Green Paper of 11 January 1995 and the
         White Paper of 13 December 1995, its              White Paper of 13 December 1995, its
         views on the future of energy policy in the       views on the future of energy policy in the
         Community, and the role of energy-saving          Community, and the role of energy-saving
         and energy efficiency measures;                   and energy efficiency measures;
    (5)    OJNoL 167, 9.7.1993, p. 31.
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                    REEXAMINED PROPOSAL
(8)   Whereas Article 130a of the Treaty          (8)  Whereas Article 130a of the Treaty
      provides that the Community should               provides that the Community should
      develop and pursue its actions leading to        develop and pursue its actions leading to
      the strengthening of its economic and            the strengthening of its economic and
      social cohesion, and that it should, in          social cohesion, and that it should, in
      particular, reduce disparities between the       particular, reduce disparities between the
      levels of development of the various             levels of development of the various
      regions and the backwardness of the least-       regions and the backwardness of the least-
      favoured regions; whereas energy should          favoured regions; whereas energy should
      be integrated into that effort;                  be integrated into that effort;
(9)   Whereas, by Decision 91/565/EEC (6), a      (9)  Whereas, by Decision 91/565/EEC (6), a
      Community energy efficiency programme            Community energy efficiency programme
      (SAVE), aimed at strengthening energy            (SAVE), aimed at strengthening energy
      efficiency    infrastructures   within the       efficiency    infrastructures within the
      Community, was adopted; whereas that             Community, was adopted; whereas that
      programme expired on 31 December 1995;           programme expired on 31 December 1995;
(10)  Whereas the Community recognized the        (10) Whereas the Community recognized the
      SAVE programme as an important element           SAVE programme as an important
      of the Community's C0 2 reduction                element of the Community's              C0 2
      strategy; whereas the communication of           reduction      strategy;     whereas     the
      the Commission of 8 May 1991 on the              communication of the Commission of
      European        Community's          energy      8 May 1991          on     the    European
      programming activities at regional level,        Community's        energy      programming
      the conclusion of the Council on this            activities at regional level, the conclusion
      communication,                                   of the Council on this communication,
  (6)    OJNoL307,     8.11.1991, p. 34.
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
       and the Resolution of the European                and the Resolution of the European
       Parliament of 16 July 1993 (7) stated that        Parliament of 16 July 1993 (7) stated that
       those activities should be pursued,               those activities should be pursued,
       amplified and utilized as a support for the        amplified and utilized as a support for the
       energy strategy of the Community;                 energy strategy of the Community;
       whereas this initiative for regional actions      whereas this initiative for regional actions
       should now be totally incorporated into a          should now be totally incorporated into a
       new SAVE II programme;                            new SAVE II programme;
(11)   Whereas by Decision No 1110/94/EC of         (11)  Whereas by Decision No 1110/94/EC of
       the European Parliament and of the                 the European Parliament and of the
       Council (8), a          Fourth Framework           Council (8), a        Fourth Framework
       Programme for actions in technological             Programme for actions in technological
       research, development and demonstration            research, development and demonstration
       was established; whereas energy efficiency         was established; whereas energy efficiency
       policy constitutes an important instrument         policy constitutes an important instrument
       for the use and promotion of the new               for the use and promotion of the new
       energy technologies that the Framework             energy technologies that the Framework
       Programme will establish; whereas the              Programme will establish; whereas the
       SAVE II programme represents a policy              SAVE II programme represents a policy
       instrument which complements this                  instrument which complements this
       programme;                                         programme;
(12)   Whereas the SAVE II programme aims at        (12) Whereas the SAVE II programme aims at
       improving energy intensity of final               improving energy intensity of final
       consumption by a further one percentage           consumption by a further one percentage
       point per annum over that which would             point per annum over that which would
       have been otherwise attained;                     have been otherwise attained;
   (7)    OJ No C 255, 20. 9.1993, p. 252.
   (*)    OJNo L 126, 18. 5.1994, p. 1.
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                       REEXAMINED PROPOSAL
13)  Whereas at its meeting on 15 and                13)  Whereas at its meeting on 15 and
     16 December 1994 the Council stated that             16 December 1994 the Council stated that
     the target of stabilizing C0 2 emissions can         the target of stabilizing C0 2 emissions can
     only be achieved by a coordinated package            only be achieved by a coordinated package
     of measures to improve energy efficiency             of measures to improve energy efficiency
     and the rational use of energy which are             and the rational use of energy which are
     based on supply and demand at all levels             based on supply and demand at all levels
     of energy production, conversion, transport          of energy production, conversion, transport
     and consumption and to exploit renewable             and consumption and to exploit renewable
     energies,      and that local            energy      energies, and that local              energy
     management programmes               are amongst      management programmes are amongst
     these measures;                                      these measures;
(14) Whereas in its Opinion on the                   (14) Whereas in its Opinion on the
     Commission's Green Paper on energy                   Commission's Green Paper on energy
     policy (9), the European Parliament called           policy (9), the European Parliament called
     for the formulation of objectives and a              for the formulation of objectives and a
     common programme for energy efficiency               common programme for energy efficiency
     and savings compatible with the objectives           and savings compatible with the objectives
     concerning the emissions of greenhouse               concerning the emissions of greenhouse
     gases as agreed in Rio de Janeiro (1992)             gases as agreed in Rio de Janeiro (1992)
     and Berlin (1995), called for a SAVE II              and Berlin (1995), called for a SAVE II
     programme and requested that the                     programme and requested that the
     Commission clarify the role which it                 Commission clarify the role which it
     intends to play in energy savings and                intends to play in energy savings and
     efficiency by creating practical projects;           efficiency by creating practical projects;
(15) Whereas improved energy efficiency will         (15) Whereas improved energy efficiency will
     have a positive impact on both the                   have a positive impact on both the
     environment and the security of energy               environment and the security of energy
     supplies which are global in nature;                 supplies which are global in nature;
     whereas a high level of international                whereas a high level of international
     cooperation is needed to produce the most             cooperation is needed to produce the most
     positive results;                                    positive results;
        O J N o C 287, 30.10.1995, p. 34.
  o
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
(16) Whereas all the elements of the Community      (16) Whereas all the elements of the
        action programme for improving the                Community        action     programme      for
        efficiency of electricity use set out in          improving the efficiency of electricity use
        Decision     89/364/EEC ( ,0 ) should    be       set out in Decision 89/364/EEC (10) should
        incorporated into the SAVE II programme;          be incorporated into the SAVE II
        whereas therefore that Decision should be         programme;       whereas      therefore   that
        repealed;                                         Decision should be repealed;
(17) Whereas between 180 and 200 MT of C0 2         (17) Whereas between 180 and 200 MT of C0 2
        emissions could be avoided by the                 emissions could be avoided by the
        year 2000 by an improvement of 5% in the          year 2000 by an improvement of 5% in the
        energy intensity of final demand additional       energy intensity of final demand additional
        to the conventional expectations;                 to the conventional expectations;
(18) Whereas the SAVE II programme is an            (18) Whereas        a stengthened        SAVE II
        important and necessary instrument for            programme is an important and necessary
        promoting increased energy efficiency;            instrument for promoting increased energy
                                                           efficiency;
(19) Whereas in order to prevent duplication and     (19) Whereas in order to prevent duplication
        to achieve synergy, care should be taken in        and to achieve synergy, care should be
        implementing the programme to ensure               taken in implementing the programme to
         close cooperation with other Community            ensure close cooperation with other
        programmes linked directly with energy             Community programmes linked directly
         efficiency promotion;                             with     energy     efficiency     promotion,
                                                           especially with regard to the dissemination
                                                           of information
   (10)     OJ No L 157, 9.6.1989, pp. 32-34.
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                       REEXAMINED PROPOSAL
(20) Whereas it is politically and economically      (20) Whereas it is politically and economically
      desirable to open the SAVE II programme             desirable to open the SAVE II programme
      to the associated Central and Eastern               to the associated Central and Eastern
      European Countries in accordance with the           European Countries in accordance with the
      conclusions of the European Council                 conclusions of the European Council
      meeting in Copenhagen in June 1994 and              meeting in Copenhagen in June 1994 and
      as outlined          in the       Commission        as outlined       in the      Commission
      communication to the Council on the                 communication to the Council on the
      subject in May 1994, and to the associated          subject in May 1994, and to the associated
      Mediterranean Countries Cyprus and Malta;           Mediterranean Countries Cyprus and Malta;
(21) Whereas, in order to ensure that                (21) Whereas, in order to ensure that
      Community aid is used efficiently, the              Community aid is used efficiently, the
      Commission shall ensure that projects are           Commission shall ensure that projects are
      subject to thorough prior appraisal and shall       subject to thorough prior appraisal and
      systematically monitor and evaluate the             shall systematically monitor and evaluate
      progress and results of supported projects;         the progress and results of supported
                                                          projects;
(22) Whereas a financial reference amount
      within the meaning of point 2 of the           (22) ( Deleted text)
      Declaration by the European Parliament,
      the Council and the Commission of 6
      March 1995 ( n ), is included in this decision
      for the entire duration of the programme,
      without thereby affecting the powers of the
      budgetary authority as they are defined by
      the Treaty;
(23) Whereas, before the end of 1997, the
      financial    reference      amount for the
      remaining period of the programme should       (23) ( Deleted text)
      be reviewed, on the basis of a study carried
      out by the Commission on the coordination
      of all the relevant programmes in the
      energy sector;
  (")   O J N o C 293, 8.11.1995, p. 4.
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                     REEXAMINED PROPOSAL
HAS ADOPTED THIS DECISION:                         HAS ADOPTED THIS DECISION:
                      Article 1                                          Article 1
1. The Community shall support a five-year         1. The Community shall support a five-year
programme         for   the     preparation   and  programme         for   the preparation         and
implementation of measures and actions in a cost-  implementation of legislative and non legislative
effective manner in order to promote energy        measures and actions in a cost-effective manner
efficiency within the Community. The general       in order to promote energy efficiency within the
overall objectives of this programme are:          Community. The general overall objectives of
                                                   this programme are:
a)     to stimulate energy efficiency measures in
       all sectors;                                a)     to stimulate energy efficiency measures in
                                                          all sectors of energy use and production;
b)     to encourage investments in          energy b)     to encourage increased investments in
       conservation by private and          public        energy conservation by private and public
       consumers and by industry;                         consumers and by industry;
c)     to create the conditions for improving the  c)     to create the conditions for improving the
       energy intensity of final consumption.              energy intensity of final consumption.
2. Community financing will be given under the     2. Community financing will be given under the
"SAVE II programme to promote energy               "SAVE II programme to promote energy
efficiency in the Community" hereafter referred to efficiency in the Community" hereafter referred
as "the programme", for actions which fall within  to as "the programme", for actions which fall
the objectives of this Decision.                    within the objectives of this Decision.
                      Article 2                                           Article 2
Under the programme, the following categories of    Under the programme, the following categories of
 actions and measures on energy efficiency shall    actions and measures on energy efficiency which
 be financed:                                       are described in detail in annex I of this decision
                                                    shall be financed:
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                    REEXAMINED PROPOSAL
a)  studies and other related actions aimed at    a)  studies and other related actions aimed at
    the implementation and completion of              the implementation and completion of
    Community measures (such as voluntary             Community measures (such as voluntary
    agreements, mandates to standardization           agreements, mandates to standardization
    bodies, cooperative procurements and              bodies, cooperative procurements and
    legislation) taken to improve energy              legislation) taken to improve energy
    efficiency, studies concerning the effects of     efficiency; studies concerning the effects
    energy pricing on energy efficiency, and          of energy pricing on energy efficiency,and
    studies with a view to establishing energy        studies and other actions in support of
    efficiency as a criterion within Community        energy efficiency initiatives within other
    programmes;                                       programmes, with a view to establishing
                                                      energy efficiency as a criterion within
                                                      Community strategic programmes taking
                                                      account of the environmental impact;
                                                  b)  sectoral targeted pilot actions aimed at
b)  sectoral targeted pilot actions aimed at          accelerating energy efficiency investment
    accelerating energy efficiency investment          and/or improving energy use patterns, to be
    and/or improving energy use patterns, to be        carried out by organizations or public and
    carried out by organizations or public and        private enterprises as well as by existing
    private enterprises as well as by existing         Community-wide networks or temporary
    Community-wide networks or temporary               groupings      of     organizations    and/or
    groupings       of organizations       and/or      enterprises formed to accomplish the
    enterprises formed to accomplish the               projects;
    projects;
                                                  c)   measures proposed by the Commission to
c)   measures proposed by the Commission to            foster the exchange of experience, mainly
     foster the exchange of experience aimed at        through information networks, aimed at
    promoting better coordination between              promoting better coordination between
     international, Community, national, regional      international, Community, national, regional
     and local activities by appropriate means         and     local     activities   through    the
     for information dissemination;                    establishment of appropriate means for
                                                       exchanging information;
                                                   d)  measures as under c) but proposed
 d)  measures as under c) but proposed                 otherwise than by the Commission;
     otherwise than by the Commission;
                                                   e)  monitoring of energy efficiency progress in
 e)  monitoring of energy efficiency progress in       the Community and in individual Member
     the Community and in individual Member             States and ongoing evaluation and
     States and ongoing evaluation            and       monitoring of the actions and measures
     monitoring of the actions and measures             undertaken under the programme;
      undertaken under the programme;
                                               10
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                    REEXAMINED PROPOSAL
      specific actions in favour of energy        f)     specific actions in favour of energy
       management at regional and urban level            management at the regional and urban
       and in favour of greater cohesion between         level;_specific actions in favour of greater
      Member States and regions in the field of          cohesion between Member States and
       energy efficiency.                                regions in the field of energy efficiency
                                                         through support for the creation of energy
                                                         efficiency infrastructures in those Member
                                                         States and regions where energy efficiency
                                                         policies are not vet sufficiently developed;
                     Article 3                                          Article 3
1. All the costs relating to the actions and      1. All the costs relating to the actions and
measures referred to in Article 2 a), c) and e)   measures referred to in Article 2 a), c) and e)
shall be borne by the general budget of the       shall be borne by the general budget of the
European Communities.                             European Communities.
2. The level of funding for the actions and       2. The level of funding for the actions and
measures referred to in Article 2 b), d) and f)   measures referred to in Article 2 b), d) and f)
shall be set at a maximum of 50% of their total   shall be set at a maximum of 50% of their total
cost.                                             cost.
3. The balance of the funding of the actions and   3. The balance of the funding of the actions and
measures referred to in Article 2 b), d) and f)    measures referred to in Article 2 b), d) and f)
may be made up from either public or private       may be made up from either public or private
sources or from a combination of the two.          sources or from a combination of the two.
                     Article 4                                           Article 4
 1.   The financial reference amount for the       1. (Deleted text)
implementation of this programme shall be
ECU 45 million. The annual appropriations shall
be authorized by the budgetary authority within
the limits of the financial perspectives.
                                               11
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                          REEXAMINED PROPOSAL
2. Before the end of 1997, the Council, in              2.   (Deleted text)
accordance with the relevant provisions of the
Treaty, shall review the financial reference
amount for the remaining period of the
programme, on the basis of a communication and,
if appropriate, proposals from the Commission
taking into account all the relevant programmes in
the energy sector.
                       Article 5                                               Article 5
1. The Commission will be responsible for the           1. The Commission will be responsible for the
financial execution and implementation of the           financial execution and implementation of the
programme. The Commission will also ensure              programme. The Commission will also ensure
that actions under this programme are subject to        that actions under this programme are subject to
prior appraisal, monitoring and subsequent              prior appraisal, monitoring and subsequent
evaluation, which, on completion of the project,        evaluation, which, on completion of the project,
shall    include       assessment       of    impact,   shall    include       assessment       of    impact,
implementation and whether their original               implementation and whether their original
objectives have been achieved.                          objectives have been achieved.
2. The selected beneficiaries shall submit a            2. The selected beneficiaries shall submit a
report to the Commission on a six-month basis           report to the Commission on a six-month basis
and on completion.                                      and on completion.
3. The conditions and guidelines to be applied          3. The conditions and guidelines to be applied
for the support of all actions and measures             for the support of all actions and measures
referred to in Article 2 shall be defined each year     referred to in Article 2 shall be defined each year
taking into account:                                    in accordance with:
-      the cost effectiveness criteria, the savings     -      the cost effectiveness criteria, the energy
       potential and environmental impact, in                  savings potential and/or environmental
       particular the reduction of C0 2 emissions;             impact up to the year 2000 and beyond, in
                                                               particular the reduction of C0 2 emissions;
       the list of priorities referred to in Article 7;        the list of priorities referred to in Article 7;
                                                    12
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                    REEXAMINED PROPOSAL
       the cohesion of Member States in the field        the cohesion of Member States in the field
       of energy efficiency.                             of energy efficiency, taking into account
                                                         the trends in energy efficiency in the
                                                         Community identified by the action
                                                         described in Art 2 e.
The Committee referred to in Article 6(2) will    The Committee referred to in Article_6 will assist
assist the Commission in defining these           the Commission in defining these conditions and
conditions and guidelines.                        guidelines.
                     Article 6                                         Article 6
1. In cases where the amount involved does not    1       ( Deleted text)
exceed ECU 100 000, the following shall apply:
The Commission shall be assisted by a committee   The Commission shall be assisted by a committee
of an advisory nature composed of the             of an advisory nature composed of the
representatives of the Member States and chaired  representatives of the Member States and chaired
by the representative of the Commission.          by the representative of the Commission
The representative of the Commission shall        The representative of the Commission shall
submit to the committee a draft of the measures   submit to the committee a draft of the measures
to be taken. The committee shall deliver its      to be taken. The committee shall deliver its
opinion on the draft, within a time limit which   opinion on the draft, within a time limit which
the chairman may lay down according to the        the chairman may lay down according to the
urgency of the matter, if necessary by taking a    urgency of the matter, if necessary by taking a
vote.                                              vote.
The opinion shall be recorded in the minutes; in   The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right   addition, each Member State shall have the right
to ask to have its position recorded in the        to ask to have its position recorded in the
minutes.                                           minutes.
The Commission shall take the utmost account of    The Commission shall take the utmost account of
the opinion delivered by the committee. It shall   the opinion delivered by the committee. It shall
inform the committee of the manner in which its    inform the committee of the manner in which its
 opinion has been taken into account.              opinion has been taken into account.
                                               13
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
2. In cases where the amount involved exceeds       2.( Deleted text)
ECU 100 000, the following shall apply:
The Commission shall be assisted by a committee
composed of the representatives of the Member
States and chaired by the representative of the
Commission.
The representative of the Commission shall
submit to the committee a draft of the measures
to be taken. The committee shall deliver its
opinion on the draft within a time limit which the
chairman may lay down according to the urgency
of the matter. The opinion shall be delivered by
the majority laid down in Article 148(2) of the
Treaty in the case of decisions which the Council
is required to adopt on a proposal from the
Commission. The votes of the representatives of
the Member States within the committee shall be
weighted in the manner set out in that Article.
The chairman shall not vote.
The Commission shall adopt measures which
shall apply immediately.       However, if these
measures are not in accordance with the opinion
of the committee, they shall be communicated by
the Commission to the Council forthwith. In that
event:
-      the Commission may defer application of
the measures which it has decided for a period of
not more than one month from the date of such
communication;
       the Council, acting by a qualified majority,
may take a different decision within the time limit
referred to in the previous indent.
                                                14
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
                     Article 7                                           Article 7
The Commission shall formulate, on an annual        The Member States shall report to the
basis, a list of priorities for funding under the   Commission annually on national energy
programme. This list shall take into account the    efficiency programmes with a view to assisting
complementarity      between     the   SAVE      II the Commission in formulating appropriate
programme and the national programmes on the        flanking measures.
basis of annual information in a summary form
supplied by each Member State. A priority shall     The Commission shall formulate on an annual
be given to those areas where such                  basis a list of priorities for funding under the
complementarity is greatest.                        programme which shall reflect an examination of
                                                    the reports submitted under the first paragraph.
                                                    This list shall take into account the
                                                    complementarity      between    the    SAVE      II
                                                    programme and the national programme.
The Committee referred to in Article 6(2) will      The Committee referred to in Article 6 will assist
assist the Commission in defining the list of       the Commission in defining the list of priorities.
priorities.
                     Article 8                                           Article 8
1. After every year of the programme, the           1. After every year of the programme, the
Commission shall present to the European            Commission shall present to the European
Parliament and to the Council a progress report     Parliament and to the Council a progress report
together with proposals concerning modifications    together with proposals concerning modifications
of guidelines, defined according to Article 5(3),   of guidelines, defined according to Article 5(3),
which could be necessary in the light of the        which could be necessary in the light of the
results of the previous year.                       results of the previous year.
2. After the third year of the programme, the       2. After the third year of the programme, the
Commission shall present a report to the            Commission shall present a report to the
European Parliament and to the Council on the       European Parliament and to the Council on the
energy efficiency      measures undertaken at       energy efficiency measures undertaken at
Community and Member State level and on the         Community and Member State level and on the
results achieved, with particular reference to the  results achieved, with particular reference to the
objectives outlined under Article 1. The report     objectives outlined under Article 1. The report
shall be accompanied by proposals for any           shall be accompanied by proposals for any
amendments which may be necessary to the            amendments which may be necessary to the
programme in the light of these results.            programme in the light of these results.
                                                15
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
3. On expiry of the programme, the Commission       3. On expiry of the programme, the Commission
shall make an overall assessment of the results     shall make an overall assessment of the results
obtained through the application of this Decision,  obtained through the application of this Decision,
and of the consistency of national and              and of the consistency of national and
Community actions. It shall present a report        Community actions. It shall present a report
thereon to the European Parliament, the Council,    thereon to the European Parliament, the Council,
the Economic and Social Committee and the           the Economic and Social Committee and the
Committee of the Regions, stating, in particular,   Committee of the Regions, stating, in particular,
how far the objective outlined under Article 1 has  how far the objective outlined under Article 1 has
been achieved.                                      been achieved.
                     Article 9                                           Article 9
Decision 89/364/EEC is hereby repealed.             Decision 89/364/EEC is hereby repealed.
                    Article 10                                          Article 10
The programme shall be open to the participation    The programme shall be open to the participation
of associated Central and Eastern European          of associated Central and Eastern European
countries in accordance with the conditions,        countries in accordance with the conditions,
including financial arrangements, agreed to in the  including financial arrangements, agreed to in the
Additional    Protocols     to the      Association Additional    Protocols     to the      Association
Agreements,      concerning     participation    in Agreements,      concerning     participation     in
Community programmes. This programme shall          Community programmes. This programme shall
be open to the participation of Cyprus and Malta    be open to the participation of Cyprus and Malta
on the basis of additional appropriations in        on the basis of additional appropriations in
accordance with the same rules as apply to the      accordance with the same rules as apply to the
EFTA countries following procedures to be           EFTA countries following procedures to be
agreed with the countries in question.              agreed with the countries in question.
                                                 16
 ---pagebreak--- COMMON POSITION OF THE COUNCIL                      REEXAMINED PROPOSAL
                    Article 11                                          Article 11
This Decision shall apply from 1 January 1996       This Decision shall apply from 1 January 1996
to 31 December 2000.                                to 31 December 2000.
                    Article 12                                          Article 12
This Decision is addressed to the Member            This Decision is addressed to the Member
States.                                             States.
Done at Brussels,            For the Council        Done at Brussels,            For the Council
                                   The President                                 The President
                                                 17
 ---pagebreak---    Annex I
   Illustrative, non-limitative list of actions to
   be taken under the SAVE II programme
   a.    Studies and other actions leading to
         the implementation and completion of
         Community           energy      efficiency
          measures
          Among the actions to be taken will be:
          studies on the evaluation of the impact
          of energy legislation and of various
          energy efficiency measures,
          mandates to CEN/CENELEC regarding
          performance and measurement standards
          for energy using appliances.
          studies    to   develop          voluntary
          agreements and monitor their results,
          participation    in   international    co-
          ordinated      activities.    e.g.    IEA
          Implementing Agreements-
          Studies and other actions in support
          of energy efficiency initiatives within
          other programmes
          SAVE will also act as a catalyst for
          other Community programmes such as
          the Regional Fund (CSF) in identifying
          high potential energy efficiency projects
          which could be supported by these
          programmes.
18
 ---pagebreak---    b. Sectoral     pilot   actions  aimed    at
      accelerating        energy    efficiency
      investment         and/or    improving
      consumer energy use patterns.
      These actions will be decided on an ad-
      hoc basis and will represent a high
      potential for improving energy use
      across     the     Community     through
      increased cooperation of operators in
      different Member States. Among the
      operators who might be involved in this
      activity are:
      groupings of building associations,
       groupings of electricity and/or gas
      distribution companies (IRP/DSM)
       groupings of city authorities (projects
       on energy efficiency in urban traffic)
       groupings of associations with interest
       in specific sectors (SMEs. industrial
       associations, etc.)
   ç.  Measures         proposed      by    the
       Commission to foster the exchange of
       experience,         mainly     through
       information networks.
       Essentially Commission initiatives for
       promoting energy efficiency to targeted
        audiences and to the general consumer
        by all the media mechanisms and will
        include.
19
 ---pagebreak---       publications, videos, workshops on
      specific    topics.   conferences       and
      seminars, databases.
   d. Measures as in c but proposed
      otherwise than by the Commission
      Leveraging the efforts of others by
      providing a Community dimension to
      locally  or internationally      organised
      energy efficiency promotional efforts. In
      general, the actions to be supported in
      part by the Community will be:
      publications, videos, workshops on
      specific    topics.    conferences      and
      seminars, databases.
   e. Monitoring      of   energy      efficiency
      progress       in    the      European
      Community, in individual Member
      States and in the SAVE programme
      itself.
      Establishment of an Expert Group from
      the Member States which will use tools
      developed under SAVE I to monitor
      and evaluate energy efficiency progress.
      It is important that all the actions taken
      under SAVE should be fully evaluated
      and that the contribution of each action
      to the improvement of energy efficiency
20
 ---pagebreak---      should be continually assessed. Project
     with a high dissemination potential
     should be identified and transmitted to
     the   promotional      activities  of   the
     programme       so   that   comprehensive
     dissemination       strategies    can    be
     developed.
   L Specific actions in favour of energy
     management at the regional and
     urban level.
     Actions     in   this    area   would    be
     complementary to those listed above
     and shall be focused on the setting up
     of     regional     and     local    energy
     management       agencies. Thev might
     include flanking          supports such as:
     the     creation   of     energy    end-use
      education programmes,
      development        of     local    energy
      management initiatives,
      carrying out of targeted projects with a
      high dissemination potential.
      The focus of this action is on regional
      and local authorities and is oriented
      towards altering the energy habits of all
      classes of consumers.
21
 ---pagebreak---    Specific actions in favour of greater
   cohesion between Member States and
   regions     in    the field of         energy
   efficiency through support for the
   creation       of     energy      efficiency
   infrastructures       in those Member
   States and regions where energy
   efficiency     policies     are     not     vet
   sufficiently developed
   The purpose of this action will be to
   harness the experience of the Member
   States to create the greatest level of
   alignment of regional or local capacity.
   Actions in this area might be:
   the setting up of linkages between
   different Member States or regions of
   different Member States with a view to
   the exchange of information,
   the     creation      of    the     necessary
   information          sources.      including
   databases, to allow those responsible for
   public policy to access information on
   effective local initiatives,
   assistance in setting up. perhaps within
    existing    educational      establishments,
    regional centres of excellence which
    will act as focal points for local energy
    management        research    and     training
    activities and which will have the
    expertise     to     contribute      to    the
    development        of    regional      energy
    resource solutions.
22
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 640 final
                                              DOCUMENTS
EN                                                                       12 15
                                    Catalogue number : CB-CO-96-640-EN-C
                                                             ISBN 92-78-12998-4
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