CELEX: 51998PC0607(01)
Language: en
Date: 1998-10-20
Title: Amended proposal for a Council Decision adopting a multiannual framework programme for actions in the energy sector (1998-2002)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 20.10.1998
                                       COM(1998) 607 final
                                       97/0302  (CNS)
                                       98/0233  (CNS)
                                       97/0369  (CNS)
                                       97/0372  (CNS)
                                       98/0234  (CNS)
                  Amended proposal for a
                  COUNCIL DECISION
 adopting a multiannual framework programme for actions
                    in the energy sector
                       (1998-2002)
                             and
               CONNECTED MEASURES
(presented by the Commission pursuant to Article 189 a (2)
                     of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                              Explanatory Memorandum
The Commission presented on 18 November 1997 a proposal for a Council Decision
adopting a multiannual framework programme for actions in the energy sector
(1998-2002) and connected measures (COM(97)550 final). On 15 July 1998 the
Commission presented a complementary proposal on two specific aspects
(COM(98)423 final).
The European Parliament delivered on 8 October 1998 its opinion on the draft decision
based on Article 235 CE and 203 EURATOM.
The European Parliament's main considerations coincide with those of the
Commission.
The majority of the amendments adopted reinforce et and clarify the initial proposals,
in particular with respect to the key objectives of improving coherence, co-ordination
and transparency of actions undertaken in the energy sector. Therefore they have been
accepted by the Commission.
The Commission hereby presents the attached modified proposals which take into
consideration most of the amendments adopted by the Parliament.
                                        3L
 ---pagebreak---             Amended proposal for a
            COUNCIL DECISION
                  adopting a
MULTIANNUAL FRAMEWORK PROGRAMME FOR
     ACTIONS IN THE ENERGY SECTOR
                (1998-2002)
                      ^
 ---pagebreak---                AMENDED PROPOSAL FOR A COUNCIL DECISION                            97/0302 (CNS)
ADOPTING A MULTIANNUAL FRAMEWORK PROGRAMME FOR ACTIONS
                        IN THE ENERGY SECTOR (1998-2002)
ORIGINAL TEXT                                 AMENDED TEXT
THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN
UNION,                                        UNION,
Having regard to the Treaty establishing the Having regard to the Treaty establishing the
European Community, in particular European Community, in particular
Article 235 thereof,                          Article 235 thereof,
Having regard to the proposal from the Having regard to the proposal from the
Commission,1                                  Commission,1
Having regard to the opinion of the Having regard to the opinion of the
European Parliament,2                         European Parliament,2
Having regard to the opinion of the Having regard to the opinion of the
Economic and Social Committee,3               Economic and Social Committee,3
Having regard to the opinion of the Having regard to the opinion of the
Committee of the Regions,4                    Committee of the Regions,4
Whereas the Commission communicated its       Whereas the Commission communicated its
views on the future of Community energy       views on the future of Community energy
policy to the Council in its White Paper "An  policy to the Council in its White Paper "An
energy policy for the European Union" of      energy policy for the European Union " of
13 December 1995 ;5                            13 December 1995;5
    COM(95)682, 13.12.1995.
                                             </
 ---pagebreak--- Whereas the Commission communicated to               Whereas the Commission communicated to
the Council in its White Paper of.... 1997 its       the Council in its White Paper of.... 1997 its
views on the implementation and monitoring           views on the implementation and monitoring
of a Community strategy and action plan for          of a Community strategy and action plan for
renewable energy sources to the year 2010            renewable energy sources to the year 2010
with the aid of new technologies;6                   with the aid of new technologies;6
Whereas the Council adopted the SAVE II              Whereas the Council adopted the SAVE II
programme on 16 December 19967 to boost              programme on 16 December 19967 to boost
energy efficiency         initiatives in the         energy efficiency        initiatives in the
Community with a view to reducing CO2                Community with a view to reducing CO2
emissions;                                           emissions;
Whereas the Council and the European                 Whereas the Council and the European
Parliament adopted a decision on 26 April            Parliament adopted a decision on 26 April
 1994 concerning the fourth framework                 1994 concerning the fourth framework
programme of European Community                      programme of European Community
activities in the field of research,                 activities in the field of research,
technological           development          and     technological          development       and
                                8                                                   8
demonstration (1994-1998) and a decision             demonstration (1994-1998) and a decision
of the same date concerning a framework              of the same date concerning a framework
programme of Community activities in the             programme of Community activities in the
field of research and training for the               field of research and training for the
European Atomic Energy Community;9                   European Atomic Energy Community;9
whereas the Commission adopted a proposal            whereas the Commission adopted a proposal
on the 5th framework programme of                    on the 5th framework programme of
research and technological development on            research and technological development on
30 April 1997;io                                     30 April 1997;10
Whereas the Commission adopted and                   Whereas the Commission adopted and
transmitted to the Council a communication           transmitted to the Council a communication
on the energy dimension of climate change            on the energy dimension of climate change
on 14 May 1997;"                                     on 14 May 1997;»»
 6
     COM(97)
 7
     Decision 737/96/EC, OJ No L 335, 24.12,1996
 8
     Council and Parliament Decision 1110/94/EC. OJ No L 115. 6.5.1994.. page 31
 9
     Council Decision 268/94 (Euratom). OJ No LI 15, 6.5.1994. page 31.
 10
     COM(97) 142 final
 11
     COM(97) 196 final
                                                     ^
 ---pagebreak--- Whereas the use of cleaner technologies        Whereas the use of cleaner technologies
contributes to the objectives of the           contributes to the objectives of the
Community          strategy      to   combat   Community          strategy     to    combat
              12                                             12
acidification;                                 acidification;
Whereas energy is' a vital factor in the Whereas energy is a vital factor in the
economic and social development of the economic and social development of the
Community;                                     Community;
Whereas the Community's dependence on Whereas the Community's dependence on
external energy supplies is set to increase external energy supplies is set to increase
significantly in the years to come;            significantly in the years to come;
Whereas the competitiveness of European Whereas the competitiveness of European
business is heavily influenced by the level of business is heavily influenced by the level of
energy costs;                                  energy costs;
                                               Whereas for ensuring competitive energy
                                               prices it is essential to regularly monitor
                                               at EU level the implementation process of
                                               the two key liberalisation directives
                                               which have recently been adopted for the
                                               electricity and gas markets:
                                               Whereas this monitoring process should
                                               be based on co-operation with Member
                                               State administrations as well as
                                               regulators, facilitating the exchange of
                                               best practices and ensuring greater
                                               transparency along the lines of the model
                                               initiated by the Commission for the
                                               internal electricity market:
Whereas it is necessary to the quality of life Whereas it is necessary to the quality of life
of citizens to ensure that the development of  of citizens to ensure that the development of
energy production and consumption is           energy production and consumption is
compatible with environmental protection       compatible with environmental protection
objectives;                                    objectives;
Whereas CO2 emissions must be reduced;         Whereas CO2 emissions must be reduced;
Whereas, particularly in view of the political Whereas, particularly in view of the political
uncertainties involved in the external supply  uncertainties involved in the external supply
markets, the Community must implement a        markets, the Community must implement a
coherent, effective energy policy geared to    coherent, effective energy policy geared to
the medium and long-term prospects for         the medium and long-term prospects for
economic development;                          economic development;
12  COM(97)88 final of 12.3.1997
                                               G
 ---pagebreak--- Whereas the actions taken under the energy Whereas the actions taken under the energy
policy should therefore be focused on policy should therefore be focused on
specific priority objectives;                     specific priority objectives;
Whereas, in view of the strategic challenges      Whereas, in view of the strategic challenges
facing the Community, these objectives            facing the Community, these objectives
should focus in particular on ensuring the        should focus in particular on ensuring the
security of supplies, completing the              security of supplies, completing the
integration of the energy markets, enhancing      integration of the energy markets, enhancing
the competitiveness of European business          the competitiveness of European business
and the quest for               environmentally   and the quest for environmentally
sustainable economic development;                 sustainable economic development;
Whereas the balanced achievement of these         Whereas the balanced achievement of these
objectives requires particular attention to be    objectives requires particular attention to be
devoted to the transparency, coherence and        devoted to the transparency, coherence and
coordination of all of the energy actions         coordination of all of the energy actions
taken at Community level;                         taken at Community level;
Whereas the Council stressed this need in its Whereas the Council stressed this need in its
Resolution of 8 July 199613 on the White Resolution of 8 July 199613 on the White
Paper "An energy policy for the European Paper "An energy policy for the European
 Union";                                          Union";
Whereas the Council, when it adopted the          Whereas the Council, when it adopted the
Regulation adopting • a programme to              Regulation adopting a programme to
promote international cooperation in the          promote international cooperation in the
energy sector,14 considered that it would be      energy sector,14 considered that it would be
opportune for the Commission to present a         opportune for the Commission to present a
communication on all the Community                communication on all the Community
programmes with an energy component,              programmes with an energy component,
which could be followed by a proposal on          which could be followed by a proposal on
the establishment         of a       framework    the establishment of a framework
 programme for energy;                            programme for energy;
Whereas the Commission presented a                Whereas the Commission presented a
 communication: "An overall view of energy        communication: "An overall view of energy
 policy and actions",15 from which it emerges     policy and actions",15 from which it emerges
 that the Community is pursuing a great           that the Community is pursuing a great
 many actions, but that these are scattered       many actions, but that these are scattered
 either between different energy policy           either between different energy policy
 programmes or various Community policies;        programmes or various Community policies;
 13
     OJ No C224, 1.8.1996
 14
     Council Regulation (EC) No 701/97, OJ No L 104, 22.4.1997
  15
     COM(97)167 final. 23.4.1997
                                                  *
 ---pagebreak--- Whereas it is necessary to ensure the Whereas it is necessary to ensure the
management, complementarity and optimum management, complementarity and optimum
use of budget resources;                      use of budget resources;
Whereas only a truly integrated approach Whereas only a truly integrated and
will enable proper account to be taken of all coordinated approach of Community
the aspects of the problems to be resolved;   actions in the energy field will enable the
                                              development of a coherent and effective
                                              energy policy which ensures that proper
                                              account is taken of all the aspects of the
                                              problems to be resolved;
Whereas       this   coherent,    coordinated Whereas      this    coherent,   coordinated
approach must apply both to energy policy     approach must apply both to energy policy
as such and to the energy components of       as such and to the energy components of
other Community policies;                     other Community policies;
Whereas it is therefore necessary to define   Whereas it is therefore necessary to define
and establish a multiannual framework         and establish a multiannual framework
programme for the actions taken under the     programme for the actions taken under the
Community's energy policy;                    Community's energy policy;
Whereas this framework programme should Whereas this framework programme should
be implemented in the form of horizontal be implemented in the form of horizontal
actions and thematic programmes;              actions and thematic programmes;
                                              Whereas forward analyses and market
                                              monitoring are essential for the
                                              development of an adequate energy
                                              policy strategy for the medium and long
                                              term; whereas shared analyses with
                                              Member States and interested parties
                                              should be encouraged in this field;
Whereas the horizontal actions cover Whereas the horizontal actions cover
forward analyses, market monitoring and forward analyses, market monitoring and
 international energy cooperation;            international energy cooperation;
Whereas the thematic programmes concern       Whereas the thematic programmes concern
the promotion of renewable energy sources     the promotion of renewable energy sources
 and the implementation of a Community        and the implementation of a Community
 strategy in this area, the promotion of      strategy in this area, the promotion of
 energy efficiency, promotion of solid fuels  energy efficiency, promotion of solid fuels
 and the safe use of nuclear energy;          and the safe use of nuclear energy;
 Whereas, in view of the context and the      Whereas, in view of the context and the
 specific structures within which energy      specific structures within which energy
 actions relating to trans-European networks  actions relating to trans-European networks
 are conducted, the structures and the        are conducted, the structures and the
 manner in which such actions are             manner in which such actions are
 implemented must be maintained in the        implemented must be maintained in the
 appropriate framework;                       appropriate framework;
                                              f
 ---pagebreak--- Whereas in view of the context and the       Whereas in view of the context and the
specific structures within which energy      specific structures within which energy
actions relating to RTD are conducted, the   actions relating to RTD are conducted, the
structures and the manner in which such      structures and the manner in which such
actions are implemented will continue to     actions are implemented will continue to
conform with the arrangements and            conform with the arrangements and
procedures of the RTD framework              procedures of the RTD framework
programme; whereas, however, cooperation     programme; whereas, however, cooperation
and coordination with the other structures   and coordination with the other structures
must be enhanced;                            must be enhanced;
Whereas the actions or programmes referred   Whereas the actions or programmes referred
to above should be implemented where         to above should be implemented where
necessary by means of specific measures      necessary by means of specific measures
which, where appropriate, would replace the  which, where appropriate, would replace the
corresponding instruments currently in       corresponding instruments currently in
force;                                       force;
                                             Whereas support for enlargement of the
                                             European Union should put a particular
                                             focus on energy, given its political, social
                                             and economic importance in most of the
                                             accession countries: whereas this should
                                             include support for the implementation
                                             of the energy acquis, greater co-
                                             ordination      of   the   PHARE        and
                                             international       energy     cooperation
                                             (SYNERGY) programmes and the
                                             opening up of the energy saving (SAVE),
                                             renewables (ALTENER) and solid fuels
                                             programmes to the accession countries,
                                             as well as closer co-operation with
                                             European and international financial
                                             institutions (EIB, EBRD, Worldbank)
                                             and the implementation of the Energy
                                             Charter Treaty;
Whereas the principle of seeking the         Whereas the principle of seeking the
greatest possible coherence calls for the    greatest possible coherence calls for the
setting up of a single committee of an       setting up of a single committee of an
advisory nature for the whole of the         advisory nature for the whole of the
framework programme and its constituent      framework programme and its constituent
actions;                                     actions;
Whereas, in view of the variety and          Whereas, in view of the variety and
technical complexity of the questions to be  technical complexity of the questions to be
addressed, the single committee and the      addressed, the single committee and the
Commission should seek the assistance of     Commission should seek the assistance of
appropriate experts where necessary;         appropriate experts where necessary;
Whereas the single committee will assist the Whereas the single committee will assist the
Commission in ensuring the greatest Commission in ensuring the greatest
                                             3
 ---pagebreak--- possible transparency and the dissemination   possible transparency and the dissemination
of information between all the parties        of information between all the parties
concerned and ensure greater consistency of   concerned and ensure greater consistency of
the energy actions taken under the various    the energy actions taken under the various
Community policies;                           Community policies;
                                              Whereas on the basis of key energy policy
                                              indicators regular reports should be
                                              drawn up on the implementation of the
                                              framework programme;
Whereas, notwithstanding a systematic,        Whereas, notwithstanding a systematic,
regular evaluation of the actions, the        regular evaluation of the actions, the
"energy" framework programme and its          "energy" framework programme and its
specific programmes should be the subject     specific programmes should be the subject
of a mid-term review by independent           of a mid-term review by independent
experts;                                      experts;
Whereas focusing the actions on the three     Whereas focusing the actions on the three
major priority objectives of security of      major priority objectives of security of
supply, competitiveness and protection of     supply, competitiveness and protection of
the environment will facilitate a more        the environment will facilitate a more
transparent and more efficient use of         transparent and more efficient use of
resources;                                    resources;
Whereas some additional funding could be Whereas the energy policy challenges
decided in the light of the political choices which the European Union is facing in
and priorities adopted;                       the next decade require that the
                                              budgetary appropriations for the energy
                                              framework programme be sufficient and
                                              that, in the context of the new financial
                                              perspectives, additional funding could be
                                              decided in the light of the political choices
                                              and priorities adopted;
Whereas the funding of actions carried out    Whereas in the light of the key role of
in the priority areas of promotion of         energy in 'the strategy for reducing
renewables (ALTENER programme) and            greenhouse gas emissions, the funding of
energy efficiency (SAVE programme) in         actions carried out in the priority areas of
particular could be reviewed when the next    promotion of renewables (ALTENER
financial perspective is drawn up;            programme) and energy efficiency (SAVE
                                              programme) in particular could be reviewed
                                              when          the       next         financial
                                              perspective is drawn up, in addition to an
                                              increased coordination effort in these
                                              areas with other Community policies (e.g.
                                              structural funds, environment and
                                              research);
                                             Ajd
 ---pagebreak--- Whereas, in keeping with the subsidiarity        Whereas, in keeping with the subsidiarity
principle and the principle of proportionality   principle and the principle of proportionality
pursuant to Article 3b of the Treaty, the        pursuant to Article 3b of the Treaty, the
above priority objectives of energy policy       above priority objectives of energy policy
and the boosting and coordination of energy      and the boosting and coordination of energy
actions carried out under the energy policy      actions carried out under the energy policy
proper and in the framework of other             proper and in the framework of other
Community policies should, by their nature,      Community policies should, by their nature,
be implemented at Community level;               be implemented at Community level;
whereas this Decision is confined to the         whereas this Decision is confined to the
minimum required to achieve these goals;         minimum required to achieve these goals;
Whereas the Treaty does not provide              Whereas the Treaty does not provide
powers for the adoption of this Decision, the    powers for the adoption of this Decision, the
purpose of which is the coordination of all      purpose of which is the coordination of all
aspects of energy policy, other than those in    aspects of energy policy, other than those in
Article 235;      whereas       the     specific Article 235;      whereas       the     specific
programmes which will implement this             programmes which will implement this
framework programme will each be adopted         framework programme will each be adopted
on the appropriate legal basis, in particular    on the appropriate legal basis, in particular
where their objective is the prudent and         where their objective is the prudent and
rational utilisation of natural resources        rational utilisation of natural resources
referred to in Article 13 Or of the Treaty,      referred to in Article 13 Or of the Treaty,
HAS DECIDED AS FOLLOWS:                          HAS DECIDED AS FOLLOWS:
                    Article 1                                       Article 1
(1)     A        multiannual        framework (1)        A        multiannual        framework
        programme for Community actions                  programme for Community actions
        in the field of energy, hereinafter              in the field of energy, hereinafter
        referred to as the "framework                    referred to as the "framework
        programme", is hereby adopted for                programme", is hereby adopted for
        the period 1998-2002.                            the period 1998-2002.
(2)     The framework programme shall (2)                The framework programme shall
        primarily contribute to the pursuit of           primarily contribute to the pursuit of
        the following priority objectives:               the following priority objectives:
        to guarantee the security of energy              to guarantee the security of energy
        supplies;                                        supplies;
        to ensure competitiveness;                        to ensure competitiveness;
        to promote the compatibility of the               to promote the compatibility of the
        development of the energy market                  development of the energy market
        with     environmental       protection           with     environmental      protection
        objectives.                                       objectives.
                                                 AA
 ---pagebreak--- (3) The framework programme shall (3)                The framework programme shall
    also      contribute       to     greater        also       contribute       to     greater
    transparency,         coherence      and         transparency,         coherence       and
    coordination of all .the Community's             coordination of all the Community's
    energy actions in the field of energy            energy actions in the field of energy
    policy and ensure that they mesh                 policy and ensure that they mesh
    effectively with the actions taken in            effectively with the actions taken in
    the framework of other Community                 the framework of other Community
    policies.                                        policies.
                Article 2                                        Article 2
(1) Notwithstanding the actions relating (1)         Notwithstanding the actions relating
    to energy conducted in the                       to energy conducted in the
    framework of research policy or                  framework of research policy or
    trans-European                  networks         trans-European                   networks
    respectively,        the      framework          respectively,        the       framework
    programme shall be implemented                   programme shall be implemented
    through six specific programmes of a             through six specific programmes of
    horizontal or thematic nature                    a horizontal or thematic nature
    corresponding to the following                   corresponding to the following
    actions:                                         actions:
    (a)      Development, in cooperation            (a)      development, in cooperation
             with the Member States, of a                    with the Member States, of a
             programme        for     regular                programme         for      regular
             monitoring of the evolution                     monitoring of the evolution
             of the energy markets and                       of the energy markets and
             trends, so that political                       trends, so that political
             decisions relating to energy                    decisions relating to energy
             can be taken on the basis of a                  can be taken on the basis of a
            joint analysis;                                  joint analysis;
    (b)      Reinforcement, within the              (b)      reinforcement, within the
             area of competence of the                    ' area of competence of the
             framework programme, of                          framework programme, of
             international cooperation in                     international cooperation in
             the energy field in order to                     the energy field in order to
             encourage, firstly, greater                      encourage, firstly, greater
             diversification     of energy                    diversification      of energy
             sources       and,     secondly,                 sources       and,      secondly,
             greater transparency and                         greater transparency and
             stability of the international                   stability of the international
             gas and oil markets in                           gas and oil markets in
             particular;                                      particular;
                                              /t«z_
 ---pagebreak---       (c)    promotion of new and                  (c)    promotion of new and
             renewable energy sources                     renewable energy sources
             and implementation of a                      and implementation of a
             Community strategy and                       Community strategy and
             action plan for renewable                    action plan for renewable
             energy sources to the year                   energy sources to the year
             2010;                                        2010;
     (d)     encouragement of rational            (d)     encouragement of rational
             and efficient use of energy                  and efficient use of energy
             resources;                                   resources; including the
                                                          promotion of combined
                                                          heat and power ;
     (e)     regeneration of the coal             (e)     regeneration of the coal
             sector, notably through the                  sector, notably through the
             use     of     environmentally               use     of      environmentally
             compatible technologies;                     compatible technologies;
     (f)     safer use of nuclear energy.         (f)     safer use of nuclear energy.
(2) Each specific programme, the (2)               Each specific programme, the
    duration of which will coincide with           duration of which will coincide with
    the period of application of this              the period of application of this
    framework programme, shall set out             framework programme, shall set out
    the       arrangements       for      its      the     arrangements        for     its
    implementation.                                implementation.
(3) Implementation of the framework (3)           Implementation of the framework
    programme may give rise, within its            programme may give rise, within its
    area of competence, to additional              area of competence, to additional
    programmes         and      Community         programmes         and      Community
    participation       in     programmes         participation       in     programmes
    undertaken by several Member                  undertaken by several Member
    States.      It may also lead to               States. It may also lead to
    cooperation with third countries or           cooperation with third countries or
    international organizations.                  international organizations.
                                              (4) The Commission             will    take
                                                  initiatives to strengthen the
                                                  coherence of the EU energy policy
                                                  in relation to environmental
                                                  policies,      energy         taxation,
                                                  structural funds, research and
                                                  development, the implementation
                                                  of the partnership agreements
                                                  with      Central      and     Eastern
                                                  European countries, and the
                                                  Energy         Charter          Treaty.
                                              Ah
 ---pagebreak---                                                   Moreover, the Commission will
                                                  co-operate      closer     with     the
                                                  European        and      international
                                                  financial      institutions      (EEB,
                                                  EBRD,        World        Bank)       to
                                                  implement the EU energy policy.
                Article 3                                    Article 3
(1) The annual appropriations shall be (1)       The annual appropriations shall be
    authorized      by    the    budgetary       authorized      by    the     budgetary
    authority within the constraints of          authority within the constraints of
    the financial perspective.                   the financial perspective.
(2) The detailed rules for financial (2)         The detailed rules for financial
    participation by the Community in            participation by the Community in
    actions taken under the framework            actions taken under the framework
    programme shall be laid down in              programme shall be laid down in
    accordance with the provisions of            accordance with the provisions of
    the Financial Regulation applicable          the Financial Regulation applicable
    to the general budget of the                 to the general budget of the
    European Communities.                        European Communities.
                Article 4                                    Article 4
(1) The Commission shall be responsible (1)      The Commission shall be responsible
    for the implementation of the                for the implementation of the
    framework programme and for                  framework programme and for
    drafting guidelines applicable to the        drafting guidelines applicable to the
    actions and measures to be taken             actions and measures to be taken
    under each         of the       specific     under      each of the           specific
    programmes.                                  programmes.
(2) The Commission shall be assisted in (2)      The Commission shall be assisted in
    the management of the framework              the management of the framework
    programme by a committee of an               programme by a committee of an
    advisory nature composed of                  advisory nature composed of
    representatives of the Member States         representatives of the Member States
    and chaired by the representative of         and chaired by the representative of
    the Commission.                              the Commission.
    The       representative     of     the      The       representative      of     the
    Commission shall submit to the               Commission shall submit to the
    committee a draft of the measures to         committee a draft of the measures to
    be taken.       The . committee shall        be taken.       The committee shall
    deliver its opinion within a time limit      deliver its opinion within a time limit
    which the chairman may lay down              which the chairman may lay down
    according to the urgency of the              according to the urgency of the
    matter, if necessary by taking a vote.       matter, if necessary by taking a vote.
                                             ylq
 ---pagebreak---     The opinion shall be recorded in the       The opinion shall be recorded in the
    minutes; in addition, each Member          minutes; in addition, each Member
    State shall have the right to ask to       State shall have the right to ask to
    have its position recorded in the          have its position recorded in the
    minutes.                                   minutes.
    The Commission shall take the              The Commission shall take the
    utmost account of the opinion              utmost account of the opinion
    delivered by the committee. It shall       delivered by the committee. It shall
    inform the committee of the manner         inform the committee of the manner
    in which its opinion has been taken        in which its opinion has been taken
    into account.                              into account.
                Article 5                                  Article 5
(1) The Commission shall examine each (1)      The Commission shall submit to the
    year the state of implementation of        European Parliament and the
    the framework programme and its            Council a regular report on the
    specific programmes. It shall assess       state of implementation of the
    the overall effectiveness of the           framework programme and its
    framework programme and its                specific programmes. It shall assess
    contribution to the objectives of          the overall effectiveness of the
    Community policy. It shall also            framework programme and its
    assess whether the objectives,             contribution to the objectives of
    priorities and financial resources are     Community policy. On the basis of
    still appropriate to the changing          the evolution of the main
    situation.    If necessary, it shall       indicators of energy policy, it shall
    submit proposals to adapt or               also assess whether the objectives,
    supplement         the      framework      priorities and financial resources are
    programme and/or the specific              still appropriate to the changing
    programmes.                                situation.    If necessary, it shall
                                               submit proposals to adapt or
                                               supplement         the      framework
                                               programme and/or the specific
                                               programmes.
(2) In the third year of the period of (2)     In the third year of the period of
    application of this framework              application of this framework
    programme and at all events before         programme and at all events before
    submitting its proposals for the           submitting its proposals for the
    establishment of a subsequent              establishment of a subsequent
    framework v       programme,       the     framework         programme,       the
    Commission shall have an external          Commission shall have an external
    assessment          conducted       by     assessment          conducted       by
    independent experts of the overall         independent experts of the overall
    implementation of the Community            implementation of the Community
    actions carried out under the              actions carried out under the
    framework       programme.        The      framework       programme.        The
                                           /<r
 ---pagebreak---         Commission shall communicate the               Commission shall communicate the
        conclusions thereof, together with its         conclusions thereof, together with its
        comments,      to    the    European           comments,      to    the    European
        Parliament,    the     Council,   the          Parliament,    the     Council,   the
        Economic and Social Committee and              Economic and Social Committee and
        the Committee of the Regions.                  the Committee of the Regions.
(3)     The independent experts referred to (3)        The independent experts referred to
        in the preceding paragraph shall be            in the preceding paragraph shall be
        chosen by the Commission in a                  chosen by the Commission in a
        balanced fashion.                              balanced fashion.
                  Article 6                                      Article 6
This Decision is addressed to the Member This Decision is addressed to the Member
States.                                        States.
Done at Brussels,                              Done at Brussels,
                        For the Council                                For the Council
                        The President                                  The President
                                             Jit
 ---pagebreak---         Amended proposal for a
        COUNCIL DECISION
             adopting a
    MULTIANNUAL PROGRAME
OF STUDIES, ANALYSES, FORECASTS
   AND OTHER RELATED WORK
     IN THE ENERGY SECTOR
            (1998-2002)
         (ETAP programme)
                 A%
 ---pagebreak---                           Amended proposal for a council decision
                                                                            98/0233 (CNS)
                                         adopting a
  MULTIANNUAL PROGRAME OF STUDIES, ANALYSES, FORECASTS AND
              OTHER RELATED WORK IN THE ENERGY SECTOR
                             (1998-2002) (ETAP programme)
             ORIGINAL TEXT                                   AMENDED TEXT
THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN
UNION,                                          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 235 thereof,                            Article 235 thereof,
Having regard to the proposal from the Having regard to the proposal from the
Commission,1                                    Commission,1
Having regard to the opinion of the Having regard to the opinion of the
European Parliament,2                           European Parliament,2
Whereas the White Paper entitled "An            Whereas the White Paper entitled "An
energy policy for the European Union"3          energy policy for the European Union"3
proposes a new approach to the monitoring       proposes a new approach to the monitoring
of energy trends based on coopération with      of energy trends based on cooperation with
the Member States and which would give          the Member States and which would give
added benefits by establishing and              added benefits by establishing and
encouraging the most effective methods,         encouraging the most effective methods,
promoting a cooperative approach to studies     promoting a cooperative approach to studies
and analyses and encouraging the exchange       and analyses and encouraging the exchange
of know-how in the field in question;           of know-how in the field in question;
Whereas in its resolution of 8 July 19964 on    Whereas in its resolution of 8 July 19964 on
the above mentioned White Paper, the            the above mentioned White Paper, the
Council believes that energy decision making    Council believes that energy decision making
at Community level needs to be placed in the    at Community level needs to be placed in the
context of a shared analysis of the energy      context of a shared analysis of the energy
situation and of future trends and invites the  situation and of future trends and invites the
Commission to organise cooperation              Commission to organise cooperation
between the Member States;                      between the Member States;
Whereas, in its conclusions of 11 May 1998 Whereas, in its conclusions of 11 May 1998
on the Kyoto Conference Protocol, the on the Kyoto Conference Protocol, the
    COM(95)682 of 13.12.1995.
    OJNoC224, 1.8.1996.
                                       j8
 ---pagebreak--- Council welcomed the Commission's               Council welcomed the Commission's
presentation on the energy policy options to    presentation on the energy policy options to
respond to the climate change challenge and     respond to the climate change challenge and
underlined the necessity to prepare a shared   underlined the necessity to prepare a shared
analysis of the economic impact of reducing     analysis of the economic impact of reducing
greenhouse gases;                              greenhouse gases;
Whereas the Cardiff European Council           Whereas the Cardiff European Council
invited in its conclusions, the "Energy"       invited in its conclusions, the "Energy"
Council to implement the integration of the    Council to implement the integration of the
environment and development in its areas of    environment and development in its areas of
competence and invited the Council and the     competence and invited the Council and the
Commission to follow regularly the             Commission to follow regularly the
organisational arrangements necessary to       organisational arrangements necessary to
advance this process: and that it is therefore advance this process: and that it is therefore
desirable to define appropriate indicators to  desirable to define appropriate indicators to
follow the progress accomplished in this       follow the progress accomplished in this
respect;                                       respect;
Whereas the consolidation and monitoring of    Whereas the consolidation and monitoring of
the internal energy market are priority tasks  the internal energy market are priority tasks
for the Community and for the Member           for the Community and for the Member
States; whereas it is necessary in this        States; whereas it is necessary in this
connection for energy trends and questions     connection for energy trends and questions
to be analysed at Community level in           to be analysed at Community level in
collaboration with the energy sector;          collaboration with the energy sector;
                                               Whereas security of energy supplies is
                                               one of the key energy policy objectives;
                                               whereas in the context of growing
                                               external energy dependency of the
                                               European Union, it is necessary to closely
                                               monitor and analyse energy market
                                               trends both within the Union and at
                                               world level;
Whereas, it is therefore desirable to          Whereas, it is therefore desirable to
undertake within the multiannual framework     undertake within the multiannual framework
programme for actions in the energy sector     programme for actions in the energy sector
(1998 - 2002) a specific programme of          (1998 - 2002) a specific programme of
studies, analyses, forecasts and other related studies, analyses, forecasts and other related
actions in the energy sector;                  actions in the energy sector;
Whereas it is desirable that these analyses,   Whereas it is desirable that these analyses,
studies, forecasts and other related work      studies, forecasts and other related work
should not unnecessarily duplicate similar     should not unnecessarily duplicate similar
work carried out by other international        work carried out by other international
organisations and by the Member States;        organisations and by the Member States;
                                               A
 ---pagebreak--- Whereas some of these activities should be      Whereas some of these activities should be
open to participation by the international      open to participation by the international
organisations responsible for energy matters,   organisations responsible for energy matters,
such as the International Energy Agency, the    such as the International Energy Agency, the
bodies representing the industry and certain    bodies      representing     the     industry,
third countries, in accordance with the rules   consumers, European           environmental
governing the Community's relations with        organisations and associations, and certain
those organisations and countries;              third countries, in accordance with the rules
                                                governing the Community's relations with
                                                those organisations and countries;
Whereas this set of actions should be           Whereas this set of actions should be
coordinated with the other activities of the    coordinated with the other activities of the
Community, the Member States, third             Community, the Member States, third
countries and international organisations;      countries and international organisations;
Whereas it is politically and economically      Whereas it is politically and economically
desirable to open up the programme to           desirable to open up the programme to
associated Central and Eastern European         associated Central and Eastern European
countries,     in accordance       with    the  countries,    in accordance       with the
conclusions of the European Council held in     conclusions of the European Council held in
Copenhagen in June 1994 and as stated in        Copenhagen in June 1994 and as stated in
the communication on this subject presented     the communication on this subject presented
to the Council by the Commission in             to the Council by the Commission in
May 1994, as well as to Cyprus;                 May 1994, as well as to Cyprus;
Whereas the Treaty establishing the             Whereas the Treaty establishing the
European Community does not provide             European Community does not provide
powers for the adoption of this programme,      powers for the adoption of this programme,
other than those in Article 235.                other than those in Article 235.
HAS ADOPTED THIS DECISION:                      HAS ADOPTED THIS DECISION:
                   Article 1                                       Article 1
(1)      Within the framework programme         (1)     Within the framework programme
for actions in the energy sector, a specific    for actions in the energy sector, a specific
 programme of studies, analyses, forecasts      programme of studies, analyses, forecasts
and other related work concerning the future    and other related work concerning the future
development of European energy policy,          development of European energy policy,
 hereinafter referred to as ETAP, shall be      hereinafter referred to as ETAP, shall be
 implemented by the Community for the           implemented by the Community for the
 period 1998-2002.                              period 1998-2002.
 (2)     Apart from the priority objectives     (2)     Apart from the priority objectives
 referred to in Article 1(2) of the Council     referred to in Article 1(2) of the Council
 Decision adopting a multiannual framework      Decision adopting a multiannual framework
 programme for actions in the energy sector,    programme for actions in the energy sector,
 the objectives of the ETAP programme shall     the objectives of the ETAP programme shall
 be:                                            be:
                                               to
 ---pagebreak---   to establish a shared approach at -to establish a shared approach at
  Community level to studies, analyses,           Community level to studies, analyses,
  forecasts and other related work in the         forecasts and other related work in the
  energy sector;                                  energy sector;
  to promote analysis of energy markets and - to promote analysis of energy markets and
  policies at the level of the Community and      policies at the level of the Community and
  the Member States;                              the Member States;
                                               - to analyse and evaluate energy and
                                                  competitiveness questions, in particular
                                                  in the context of the implementation of
                                                  the internal energy market;
  analyse and evaluate energy and - to analyse and evaluate                      energy and
  environmental questions, notably in             environmental questions,        notably in
  relation to climate change;                     relation to climate change;
  to analyse and evaluate energy market        -to analyse and evaluate energy market
  trends in Europe and the world;                 trends in Europe and the world, notably
                                                  as regards their impact on the security
                                                  of energy supplies within the European
                                                  Union;
- to help identify and transfer the best - to help identify and transfer the best
  analysis methods and practices;                 analysis methods and practices;
- to facilitate information networks in the     - to facilitate information networks in the
  energy field;                                   energy field;
- to develop an active policy for the - to develop an active policy for the
  dissemination of the results obtained.          dissemination of the results obtained.
                    Article 2                                       Article 2
The annual appropriations shall be             The annual appropriations shall be
determined by the budgetary authority          determined by the budgetary authority
within the constraints of the financial        within the constraints of the financial
perspectives and budgetary discipline.         perspectives and budgetary discipline.
                    Article 3                                       Article 3
In order to achieve the objectives referred to In order to achieve the objectives referred to
in Article 1(2), the Community may             in Article 1(2), the Community may
undertake and/or promote, directly or in       undertake and/or promote, directly or in
cooperation with the interested parties,       cooperation with the interested parties,
and/or fund the following measures:            and/or fund the following measures:
(1) observation,      monitoring    and    the (1) observation,      monitoring     and   the
exchange of comparable information in the      exchange of comparable information in the
energy field as well as the completion of      energy field as well as the completion of
studies, analyses and forecasts on all energy  studies, analyses and forecasts on all energy
aspects, including trends, markets and         aspects, including trends, markets and
prices;                                        prices;
                                              <H
 ---pagebreak--- (2) the provision " of technical          and (2) the provision       of technical and
methodological assistance to projects in      methodological assistance to projects in
order to identify and transfer the best       order to identify and transfer the best
practices in areas such as methods of         practices in areas such as methods of
analysis and forecasting, means of collecting analysis and forecasting, means of collecting
energy data, access to and exchanges via      energy data, access to and exchanges via
electronic networks and any other measure     electronic networks and any other measure
which helps to achieve the general objective; which helps to achieve the general objective;
(3) assistance for the development of links   (3) assistance for the development of links
with energy producers, users, academics and   with energy producers, users, academics and
administrative circles in order to promote    administrative circles in order to promote
research into the policy and economic         research into the policy and economic
aspects of energy;                            aspects of energy;
(4) the implementation of any initiative      (4) the implementation of any initiative
contributing to the dissemination of the      contributing to the dissemination of the
results obtained, including the preparation   results obtained, including the preparation
and publication of reports and the            and publication of reports and the
organisation of workshops, seminars and       organisation of workshops, seminars and
conferences.                                  conferences.
                    Article 4                                    Article 4
(1) The Commission shall be responsible for (1) The Commission shall be responsible for
the financial execution and implementation the financial execution and implementation
of the ETAP programme.                        of the ETAP programme.
(2) For the purposes of implementing the      (2) For the purposes of implementing the
programme, the Commission shall be            programme, the Commission shall be
assisted by the Committee referred to in      assisted by the Committee referred to in
Article 4 of the Council Decision adopting a  Article 4 of the Council Decision adopting a
multiannual framework programme for           multiannual framework programme for
actions in the energy sector.                 actions in the energy sector.
(3) The Commission shall draw up each year    (3) The Commission shall draw up each year
a draft programme of actions to be            a draft programme of actions to be
undertaken during the following year, which   undertaken during the following year, which
will be submitted to the Committee referred   will be submitted to the Committee referred
to in paragraph 2.                            to in paragraph 2.
                     Article 5                                   Article 5
The examination and internal and external     The examination and internal and external
assessment of the implementation of this      assessment of the implementation of this
programme shall be carried out in             programme shall be carried out in
accordance with Article 5 of the Council      accordance with Article 5 of the Council
Decision adopting a multiannual framework     Decision adopting a multiannual framework
programme for actions in the energy sector5.  programme for actions in the energy sector.
5
     Council Decision No.
                                              SL
 ---pagebreak---                   Article 6                                      Article 6
The ETAP programme shall be open to            The ETAP programme shall be open to
participation by associated Central and        participation by associated Central and
Eastern European countries (CEEC) in           Eastern European countries (CEEC) in
accordance with the conditions, including      accordance with the conditions, including
financial provisions, laid down in the         financial provisions, laid down in the
additional protocols to the Association        additional protocols to the Association
Agreements or        in the        Association Agreements or in the               Association
Agreements      themselves,      relating   to Agreements      themselves,      relating   to
participation in Community programmes.         participation in Community programmes.
The programme shall also be open to            The programme shall also be open to
participation by Cyprus, on the basis of       participation by Cyprus, on the basis of
additional appropriations, under the same      additional appropriations, under the same
rules as those applied to EFTA/EEA             rules as those applied to EFTA/EEA
countries, in accordance with procedures to    countries, in accordance with procedures to
be agreed with that country.                   be agreed with that country.
                  Article 7                                      Article 7
This Decision shall enter into force on the    This Decision shall enter into force on the
20th day following its publication in the      20th day following its publication in the
Official    Journal    of    the      European Official    Journal   of     the      European
Communities.                                   Communities.
                  Article 8                                      Article 8
This Decision is addressed to the Member This Decision is addressed to the Member
 States.                                       States.
Done at Brussels,                              Done at Brussels,
                           For the Council,                               For the Council,
                            The President                                 The President
                                               £3
 ---pagebreak---               AMENDED PROPOSAL FOR
               A COUNCIL REGULATION
                      adopting a
     MULTIANNUAL PROGRAMME TO PROMOTE
INTERNATIONAL COOPERATION IN THE ENERGY SECTOR
                    (1998-2002)
                      8T(/
 ---pagebreak---       AMENDED PROPOSAL PROPOSAL FOR A COUNCIL REGULATION ADOPTING A
 MULTIANNUAL PROGRAMME TO PROMOTE INTERNATIONAL COOPERATION IN THE
                    ENERGY SECTOR (SYNERGY PROGRAMME) ( 1998-2002)
                                                                                     97/0369 (CNS)
           ORIGINAL TEXT                              AMENDED TEXT
THE COUNCIL OFTHE EUROPEAN THE COUNCIL OF THE EUROPEAN
UNION,                                     UNION,
Having regard to the Treaty establishing Having regard to the Treaty establishing
the European Community, and in the European Community, and in
particular Article 235 thereof,            particular Article 235 thereof,
Having regard to the proposal from the Having regard to the proposal from the
Commission1,                               Commission1,
Having regard to the opinion of the Having regard to the opinion of the
European Parliament2,                      European Parliament2,
Whereas,       for    reasons    of    the Whereas,      for    reasons     of   the
competitiveness of the Community's         competitiveness of the Community's
industries, security of supply and         industries, security of supply and
protection of the environment, energy      protection of the environment, energy
matters must be an important element in    matters must be an important element in
the Community's international activities;  the Community's international activities;
Whereas a multiannual framework Whereas a multiannual framework
programme for actions in the energy programme for actions in the energy
sector is being implemented;               sector is being implemented;
Whereas the Community's accession to       Whereas the Community's accession to
the Energy Charter Treaty and the          the Energy Charter Treaty and the
Convention on Climate Change commits       Convention on Climate Change commits
it to continue with international          it to continue with international
cooperation in the energy field;           cooperation in the energy field;
Whereas the conclusions of the Council     Whereas the conclusions of the Council
of Ministers for Development and           of Ministers for Development and
Cooperation of 18 November 1992 on         Cooperation of 18 November 1992 on
the guidelines for cooperation with the    the guidelines for cooperation with the
developing countries for clean and         developing countries for clean and
 efficient energy technology stressed that efficient energy technology stressed that
 an essential objective of energy          an essential objective of energy
 cooperation with all           developing cooperation with all developing
 countries was the implementation of       countries was the implementation of
                                             9"C
 ---pagebreak--- effective energy policies;                    effective energy policies;
Whereas, as stressed in the Council           Whereas, as stressed in the Council
resolution of 8 July 1996 on the White        resolution of 8 July 1996 on the White
Paper "An energy policy for the               Paper "An energy policy for the
European Union", energy developments          European Union", energy developments
in the Community are increasingly             in the Community are increasingly
influenced by external developments and       influenced by external developments and
efforts must therefore be made to             efforts must therefore be made to
ensure that the Community develops a          ensure that the Community develops a
coherent and consistent approach to           coherent and consistent approach to
energy matters with third countries;          energy matters with third countries;
Whereas the Community is engaged in           Whereas the Community is engaged in
international energy activities under         international energy activities under
various programmes; whereas, to ensure        various programmes; whereas, to ensure
that these activities are consistent, they    that these activities are consistent, they
should be coordinated more closely;           should be coordinated more closely;
Whereas         coordination       of     the Whereas         coordination       of     the
Community's other measures in the             Community's other measures in the
energy sector is necessary; whereas           energy sector is necessary; whereas
there must therefore be no duplication        there must therefore be no duplication
with other programmes of the                  with other programmes of the
Community, of the Member States or of         Community, of the Member States or of
third      countries      or    international third      countries      or    international
 organisations in the field of energy         organisations in the field of energy
 policy;                                      policy;
Whereas, by reason of their wide-             Whereas, by reason of their wide-
 ranging nature, the principal objectives     ranging nature, the principal objectives
 of the programme, particularly the           of the programme, particularly the
 coordination of the various programmes       coordination of the various programmes
 of international measures, can be            of international measures, can be
 attained best at Community level;            attained best at Community level;
 Whereas it is necessary to establish a       Whereas it is necessary to establish a
 specific legal instrument for the             specific legal instrument for the
 Community's international cooperation         Community's international cooperation
 activities in the field of energy policy;     activities in the field of energy policy;
 Whereas according to the Council             Whereas according to the Council
 resolution on the White Paper "An             resolution on the White Paper "An
 energy policy for the European Union",        energy policy for the European Union",
 political and trade relations are essential   political and trade relations are essential
 components of energy policy and,              components of energy policy and,
 accordingly,         the       Community's    accordingly,         the       Community's
 international       energy      cooperation   international       energy      cooperation
 measures should be integrated more            measures should be integrated more
 effectively in its external policy as a       effectively in its external policy as a
 whole;                                        whole;
                                                 0^
 ---pagebreak--- Whereas the objectives of energy            Whereas the objectives of energy
cooperation pursuant to the programme       cooperation pursuant to the programme
should      be      to     improve     the  should      be     to      improve   the
competitiveness        of     Community     competitiveness         of     Community
industries, to enhance security of          industries, to enhance security of
supply, to         promote     sustainable  supply, to promote sustainable
development and to improve energy           development and to improve energy
efficiency; whereas such cooperation        efficiency; whereas such cooperation
may be put into effect by cooperating in    may be put into effect by cooperating in
and co-financing projects;                  and co-financing projects;
Whereas such cooperation should be          Whereas such cooperation should be
anchored in an indicative programme         anchored in an indicative programme
and may be the subject of agreements        and may be the subject of agreements
with the States concerned or with           with the States concerned or with
international networks of study and         international networks of study and
research centres;                           research centres;
Whereas, since the cooperation in           Whereas, since the cooperation in
question is external cooperation, it is     question is external cooperation, it is
governed by the special provisions laid     governed by the special provisions laid
down in Title IX of the Financial           down in Title IX of the Financial
Regulation of 21 December 1977              Regulation of 21 December 1977
applicable to the general budget of the     applicable to the general budget of the
European Communities,                       European Communities,
HAS             ADOPTED              THIS HAS               ADOPTED             THIS
REGULATION:                                 REGULATION:
                  Article 1                                   Article 1
Within the framework programme for          Within the framework programme for
 actions in the energy sector, a specific   actions in the energy sector, a specific
 programme of cooperation with third        programme of cooperation with third
 countries in fields of mutual benefit,     countries in fields of mutual benefit,
 hereinafter referred to as "SYNERGY",      hereinafter referred to as "SYNERGY",
 shall be implemented by the                shall be implemented by the
 Community.                                 Community.
 This programme shall concern:              This programme shall concern:
 • aid.with the definition, formulation • aid with the definition, formulation
 and implementation of energy policy for and implementation of energy policy for
 third countries;                           third countries;
 • promotion of industrial cooperation • promotion of industrial cooperation
 between the Community and third between the Community and third
 countries in the energy sector;             countries in the energy sector;
 • closer       coordination     of     the • closer        coordination     of   the
 Community's external activities in the Community's external activities in the
 energy field.                               energy field.
                                               U
 ---pagebreak---                   Article 2                                     Article 2
SYNERGY shall be addressed to all             SYNERGY shall be addressed to all
States which are not members of the           States which are not members of the
Community and first and foremost those        Community and first and foremost those
countries and regions considered              countries and regions considered
priorities in the Community's external        priorities in the Community's external
relations in terms of its political and       relations in terms of its political and
economic interests and security of            economic interests and security of
energy supply.                                energy supply.
                  Article 3                                     Article 3
1.       Implementation          of       the 1.       Implementation          of       the
SYNERGY programme shall start on 1 SYNERGY programme shall start on 1
January 1998 and end on 31 December January 1998 and end on 31 December
2002.                                         2002.
2.       The annual appropriations shall      2.       The annual appropriations shall
be authorised by the budgetary authority      be authorised by the budgetary authority
within the limits of the financial            within the limits of the financial
perspectives.                                 perspectives.
                  Article 4                                     Article 4
 1.      The programme shall help              1.      The programme shall help
achieve the Community's main energy           achieve the Community's main energy
objectives as described in the White          objectives as described in the White
Paper "An energy policy for the               Paper "An energy policy for the
European Union". To the same end, the         European Union". To the same end, the
Community may also maintain relations         Community may also maintain relations
with international energy organisations.      with international energy organisations.
The measures to implement the                 The measures to implement the
programme shall be adopted in                 programme shall be adopted in
 accordance with the rules set out in         accordance with the rules set out in
 Article 4 of the Decision adopting the       Article 4 of the Decision adopting the
 multiannual framework programme for          multiannual framework programme for
 actions in the energy sector. No funding     actions in the energy sector. No funding
 may be          granted     to     research, may       be     granted     to     research,
 development • and            demonstration   development         and       demonstration
 projects.                                    projects.
 2.      In order to achieve these            2.       In order to achieve these
 objectives, the Community shall               objectives, the Community shall
 contribute, in particular, to the financing   contribute, in particular, to the financing
 of activities concerning:                     of activities concerning:
         energy     policy     advice    and           energy policy advice and
 training;                                     training;
          energy analyses and forecasting;              energy analyses and forecasting;
                                                 Si%
 ---pagebreak---          closer dialogue and exchanges              closer dialogue and exchanges
of information on energy policy, notably of information on energy policy, notably
by means of organisation of conferences by means of organisation of conferences
and seminars;                              and seminars;
         support         to       regional          support         to       regional
transboundary cooperation;                 transboundary cooperation;
         improving the framework for                improving the framework for
industrial cooperation on energy;          industrial cooperation on energy;
         coordination of the Community              coordination of the Community
instruments for international action in instruments for international action in
the energy sector and other similar the energy sector and other similar
international programmes.                  international programmes.
3.       The cooperation shall also cover  3.       The cooperation shall also cover
costs related to the preparation,          costs related to the preparation,
implementation,        monitoring      and implementation,        monitoring      and
evaluation of performance of these         evaluation of performance of these
operations, as well as costs concerning    operations, as well as costs concerning
information.                               information.
                  Article 5                                  Article 5
 1.      Community contributions may        1.      Community contributions may
 take the form of grants which shall be    take the form of grants which shall be
 released in tranches as projects          released in tranches as projects
 materialise.                              materialise.
 2.       SYNERGY programme funding         2.       SYNERGY programme funding
 shall be granted only after verification   shall be granted only after verification
 that the activities cannot qualify for     that the activities cannot qualify for
 financing from other programmes.           financing from other Community
                                            programmes, in order to avoid
                                            duplication.
 3.       Financing decisions and any       3.       Financing decisions and any
 contracts resulting therefrom shall        contracts resulting therefrom shall
 expressly provide, inter alia, for         expressly provide, inter alia, for
 acceptance by the beneficiaries of         acceptance by the beneficiaries of
 supervision by the Commission and the      supervision by the Commission and the
 Court of Auditors, which may be            Court of Auditors, which may be
 carried out on the spot if necessary.      carried out on the spot if necessary.
                                               24
 ---pagebreak---                  Article 6                                   Article 6
1.      An      indicative     programme    1.      An      indicative     programme
covering the period referred to in          covering the period referred to in
Article 3 is established in the Annex.      Article 3 is established in the Annex.
This programme defines the principal        This programme defines the principal
objectives, guidelines and priorities of    objectives, guidelines and priorities of
Community        cooperation      in    the Community        cooperation      in    the
indicative areas referred to in Article 4.  indicative areas referred to in Article 4.
2.      An action programme based on        2.      An action programme based on
the indicative programme referred to in     the indicative programme referred to in
paragraph 1 shall be adopted in             paragraph 1 shall be adopted in
accordance with the procedure provided      accordance with the procedure provided
for in Article 4 of the Council Decision    for in Article 4 of the Council Decision
adopting a framework programme for          adopting a framework programme for
actions in the energy sector. This action   actions in the energy sector. This action
programme shall include a list of the       programme shall include a list of the
main projects to be financed within the     main projects to be financed within the
indicative areas referred to in Article 4.  indicative areas referred to in Article 4.
The content of the programme shall be       The content of the programme shall be
determined so as to provide Member          determined so as to provide Member
States with the relevant information to     States with the relevant information to
enable the committee set up under the       enable the committee set up under the
abovementioned procedure to give its        abovementioned procedure to give its
opinion.                                    opinion.
3.      Specific agreements may be          3.      Specific agreements may be
concluded with third countries and          concluded with third countries and
international organisations, in the         international organisations, in the
framework and for the duration of the       framework and for the duration of the
indicative programme referred to in         indicative programme referred to in
paragraph 1, in order to define the main    paragraph 1, in order to define the main
lines of cooperation with the countries     lines of cooperation with the countries
concerned      and     the     consultation concerned      and     the     consultation
procedures regarding implementation of      procedures regarding implementation of
the programme.                              the programme.
4.      Contracts      may      also     be 4.      Contracts      may      also     be
concluded within the framework of the       concluded within the framework of the
indicative programme referred to in         indicative programme referred to in
paragraph 1 with international networks     paragraph 1 with international networks
of study and research centres in order to   of study and research centres in order to
define the contribution of these            define the contribution of these
networks to achievement of the              networks to achievement of the
objectives       described       in     the objectives       described       in     the
abovementioned indicative programme.        abovementioned indicative programme.
                                                3^
 ---pagebreak---                   Article 7                                    Article 7
1.       The        Commission         shall 1.       The         Commission         shall
implement operations in accordance           implement operations in accordance
with the action programme referred to        with the action programme referred to
in Article 6(2).                             in Article 6(2).
2.       Service contracts shall, as a       2.        Service contracts shall, as a
general rule, be awarded by restricted       general rule, be awarded by restricted
invitations to tender in conformity with     invitations to tender in conformity with
Article 118 of the Financial Regulation      Article 118 of the Financial Regulation
applicable to the general budget of the      applicable to the general budget of the
European Communities.                        European Communities.
         Negotiated contracts may be                   Negotiated contracts may be
awarded for operations involving an awarded for operations involving an
amount below ECU 50 000.                     amount below ECU 50 000.
         Supply contracts, where needed                Supply contracts, where needed
to supplement service contracts and          to supplement service contracts and
limited to the objectives of SYNERGY,        limited to the objectives of SYNERGY,
 shall be awarded by means of open           shall be awarded by means of open
invitations to tender, except in the cases   invitations to tender, except in the cases
 provided for in Article 116 of the          provided for in Article 116 of the
Financial Regulation.                        Financial Regulation.
         Participation in invitations to               Participation in invitations to
 tender and contracts shall be open on       tender and contracts shall be open on
 equal terms to all natural and legal        equal terms to all natural and legal
 persons in the Member States and in the     persons in the Member States and in the
 beneficiary States.                         beneficiary States.
          Participation by natural and legal           Participation by natural and legal
 persons from other countries may be         persons from other countries for the
 authorised by the Commission on a            duration of the projects, funded
 case-by-case basis if the programmes or      from the appropriations earmarked
 projects concerned require specific          for these activities may be authorised
 forms of assistance specifically available   by the Commission on a case-by-case
 in these countries.                          basis if the programmes or projects
                                              concerned require specific forms of
                                              assistance specifically available in these
                                              countries.
 3.       Taxes, duties and the purchase 3.            Taxes, duties and the purchase
 of immovable property shall not be of immovable property shall not be
 funded by the Community.                     funded by the Community.
 4.       In the case of co-financing, the    4.       In the case of co-financing, the
 participation of enterprises from the        participation of enterprises from the
 third countries concerned in invitations     third countries concerned in invitations
 to tender and contracts may be               to tender and contracts may be
  authorised by the Commission on a           authorised by the Commission on a
  case-by-case basis. The Commission          case-by-case basis. The Commission
  shall render account thereof in the         shall render account thereof in the
  report referred to in Article 9.            report referred to in Article 9.
                                                 M
 ---pagebreak---                  Article 8                                 Article 8
1.       The Commission shall, together   1.       The Commission shall, together
with the Member States, ensure            with the Member States, ensure
effective coordination of the expert      effective coordination of the expert
assistance provided in the beneficiary    assistance provided in the beneficiary
States by the Community and individual    States by the Community and individual
Member States on the basis of the         Member States on the basis of the
information supplied by the Member        information supplied by the Member
States                                    States.
2.       Coordination and cooperation     2.       Coordination and cooperation
vyith     the   international   financial with      the   international     financial
institutions and other sources of funds   institutions and other sources of funds
shall be encouraged.                      shall be encouraged.
3.       The Commission shall examine     3.       The Commission shall examine
ways of promoting co-financing by the     ways of promoting co-financing by the
SYNERGY          programme,     bilateral SYNERGY          programme,       bilateral
cooperation from the Member States,       cooperation from the Member States,
the programmes of other international     the programmes of other international
organisations and other Community         organisations and other Community
programmes. It shall, in particular,      programmes. It shall ensure that
contribute to closer coordination and     duplication is avoided between the
complementarity         between       the SYNERGY programme and any other
contributions made by SYNERGY and         programme or action of other
the other Community instruments for       international organisations in the field of
international energy cooperation in       energy. It shall also contribute to
order to avoid duplication. It shall also closer         coordination            and
ensure that duplication is avoided        complementarity                  between
between the SYNERGY programme             SYNERGY           and       the      other
and any other programme or action of      Community           instruments         for
other international organisations in the  international energy cooperation
field of energy.                          required to carry forward actions
                                          begun by SYNERGY, thus avoiding
                                          duplication.
                 Article 9                                 Article 9
 1.      The Commission shall present a    1.      The Commission shall present a
report by 31 December 2000 on the         report by 31 December 2000 on the
implementation       of    the   specific implementation       of    the     specific
programme in the two previous financial   programme in the two previous financial
years, based on an external assessment    years, based on an external assessment
by independent experts.                   by independent experts.
                                              *>l
 ---pagebreak--- 2.       The Commission shall present a   2.      The Commission shall present a
report by 31 December 2002 on the         report by 31 December 2002 on the
implementation of the programme and       implementation of the programme and
the results obtained in third countries   the results obtained in third countries
and Member States, accompanied by the     and Member States, accompanied by the
external assessment by independent        external assessment by independent
experts on which it is based.             experts on which it is based.
3.       Each year the Commission shall   3.      Each year the Commission shall
present a report on the implementation    present a report on the implementation
of the external energy activities under   of the external energy activities under
the various Community instruments.        the various Community instruments.
4.       These reports shall be addressed 4.      These reports shall be addressed
to the European Parliament and the to the European Parliament and the
Council.                                  Council.
                Article 10                               Article 10
This Regulation annuls and replaces This Regulation annuls and replaces
 Council Regulation (EC) No /             Council Regulation (EC) No /
 This Regulation shall be binding in its This Regulation shall be binding in its
 entirety and directly applicable in all entirety and directly applicable in all
 Member States.                           Member States.
 Done at Brussels,                        Done at Brussels,
                        For the Council                           For the Council
                        The President                             The President
                                             %
 ---pagebreak---           Amended proposal for a
          COUNCIL DECISION
               adopting a
     MULTIANNUAL PROGRAMME OF
TECHNOLOGICAL ACTIONS PROMOTING THE
       CLEAN AND EFFICIENT USE
           OF SOLID FUELS
              (1998-2002)
                  V<y
 ---pagebreak---                         Amended proposal for a Council Decision
                                            adopting a
    MULTIANNUAL PROGRAMME OF TECHNOLOGICAL ACTIONS
                PROMOTING THE CLEAN AND EFFICIENT USE
                             OF SOLID FUELS (1998-2002)
                                                                                97/0372 (CNS)
ORIGINAL TEXT                                 AMENDED TEXT
THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN
UNION                                         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 235 thereof;                          Article 235 thereof;
Having regard to the proposal from the Having regard to the proposal from the
Commission1;                                  Commission1;
Having regard to the opinion of the Having regard to the opinion of the
European Parliament2,                         European Parliament2,
Having regard to the opinion of the Having regard to the opinion of the
Economic and Social Committee;                Economic and Social Committee;
Having regard to the opinion of the Having regard to the opinion of the
European Coal and Steel Community European Coal and Steel Community
Consultative Committee;                       Consultative Committee;
Having regard to the opinion of the Having regard to the opinion of the
Committee of the Regions;                     Committee of the Regions;
Having regard to the White Paper on Having regard to the White Paper on
Energy indicating the energy policy Energy indicating the energy policy
objectives of economic competitiveness, objectives of economic competitiveness,
    OJNo
    OJNo
                                                ?>Ç
 ---pagebreak--- environmental control, security of supply environmental control, security of supply
and maintenance of employment;                and maintenance of employment;
Whereas solid fuels are available in the      Whereas solid fuels are available in the
Community and the ready, abundant,            Community and the ready, abundant,
diverse sources of hard coal traded world-    diverse sources of hard coal traded world-
wide ensure that such fuels are and will      wide ensure that such fuels are and will
remain a low-cost energy source;              remain a low-cost energy source;
Whereas the promotion of clean and            Whereas the promotion of clean and
efficient technologies for solid fuels        efficient technologies for solid fuels
contributes to the diversification of primary contributes to the diversification of primary
energy resources and to the balance of        energy resources and to the balance of
Community energy policy objectives;           Community energy policy objectives;
Whereas solid fuels will be increasingly      Whereas solid fuels will be increasingly
utilised both in developed and emerging       utilised both in developed and emerging
areas of the world, thereby contributing to   areas of the world, thereby contributing to
emissions of pollutants and CO2; whereas      emissions of pollutants and CO2; whereas
every effort should be made to ameliorate     every effort should be made to ameliorate
such emissions by the promotion of clean      such emissions by the promotion of clean
and efficient technologies and the            and efficient technologies and the
application of BAT (Best Available            application of BAT (Best Available
Technologies) to existing and new plant       Technologies) to existing and new plant
using solid fuels;                            using solid fuels;
Whereas the manufacture and supply of         Whereas the manufacture and supply of
equipment for the clean utilisation of coal,  equipment for the clean utilisation of coal,
lignite and other forms of solid fuels, for   lignite and other forms of solid fuels, for
use both within and outside the European      use both within and outside the European
Community, can contribute to the              Community, can contribute to the
maintenance of employment;                    maintenance of employment;
Whereas, pursuant to Article 13 Or of the     Whereas, pursuant to Article 130r of the
Treaty on the European Union, action by the   Treaty on the European Union, action by the
Community relating to the environment         Community relating to the environment
should improve the quality of the             should improve the quality of the
environment and ensure a prudent and          environment and ensure a prudent and
rational utilization of natural resources,    rational utilization of natural resources,
objectives which are furthered by the         objectives which are furthered by the
implementation of clean coal technologies;    implementation of clean coal technologies;
Whereas the promotion of more efficient       Whereas the promotion of more efficient
clean solid fuel technologies can make a      clean solid fuel technologies can make a
significant contribution to the reduction of  significant contribution to the reduction of
polluting emissions arising from the          polluting emissions arising from the
traditional use of fossil fuels at European   traditional use of fossil fuels at European
Union level; whereas use of cleaner           Union level; whereas use of cleaner
technologies contributes to the objectives of technologies contributes to the objectives of
the Community strategy to combat              the Community strategy to combat
                                                 1C
 ---pagebreak--- acidification ;3                               acidification ;
Whereas the promotion of more efficient        Whereas the promotion of more efficient
clean solid fuel technologies will contribute  clean solid fuel technologies will contribute
to the reduction of greenhouse gases and the   to the reduction of greenhouse gases and the
danger of global climate change; whereas       danger of global climate change; whereas
wide-ranging co-operation is therefore         wide-ranging co-operation is therefore
desirable in order to obtain significant       desirable in order to obtain significant
results;                                       results;
                                               Whereas it is necessarv to ensure that
                                               promotion of clean coal technologies
                                               should be applied equally to domestic
                                               and small scale commercial and
                                               industrial boilers as well as large
                                               electrical power generation plant;
Whereas, since the Treaty establishing the     Whereas, since the Treaty establishing the
European Economic Community does not           European Economic Community does not
provide for other powers to cover the          provide for other powers to cover the
 energy aspects of the programme referred to   energy aspects of the programme referred to
 in Article 2 below, Article 235 of the Treaty in Article 2 below, Article 235 of the Treaty
 should be invoked;                            should be invoked;
 Whereas Council has adopted a White           Whereas Council has adopted a White
 Paper defining the main lines of new          Paper defining the main lines of new
 Community energy policy objectives for        Community energy policy objectives for
 coherence and convergence of the policies     coherence and convergence of the policies
 of the Member States; whereas this White      of the Member States; whereas this White
 Paper states that the contribution of new     Paper states that the contribution of new
 clean solid fuel technologies can enhance     clean solid fuel technologies can enhance
 the use of a wide variety of fuels, so that   the use of a wide variety of fuels, so that
 they can continue to play a significant part  they can continue to play a significant part
 in the overall energy balance sheet but with  in the overall energy balance sheet but with
 an improved environmental image;              an improved environmental image;
 Whereas the promotion and exploitation of      Whereas the promotion and exploitation of
 clean solid fuel technologies offers           clean solid fuel technologies offers
 economic advantages          in terms of       economic advantages in terms of
 employment opportunities with companies        employment opportunities with companies
 in the Union operating on a world-wide         in the Union operating on a world-wide
 basis;                                         basis;
 Whereas to sustain a cleaner environment,      Whereas to sustain a cleaner environment,
 advanced clean solid fuel technologies         advanced clean solid fuel technologies
 should be developed to achieve improved        should be developed to achieve improved
 BAT (Best Available Technologies) at costs     BAT (Best Available Technologies) at costs
 3
     COM(97)88 final, 12.3.97
                                                   ^
 ---pagebreak--- which can be afforded;                         which can be afforded;
Whereas certain countries which are            Whereas certain countries which are
expected to become members of the              expected to become members of the
European Union in the coming years are         European Union in the coming years are
very strongly dependent on the production      very strongly dependent on the production
and use of solid fuels to meet their energy    and use of solid fuels to meet their energy
requirements; whereas those countries will     requirements; whereas those countries will
need to modernise and improve their energy     need to modernise and improve their energy
technologies in order to comply with           technologies in order to comply with
European Union legislation relating to the     European Union legislation relating to the
protection of the environment;                 protection of the environment;
Whereas a number of Member States have         Whereas a number of Member States have
their own clean solid fuel technology          their own clean solid fuel technology
programmes; whereas there should be an         programmes; whereas there should be an
opportunity for those programmes to            opportunity for those programmes to
co-ordinate with each other and with the       co-ordinate with each other and with the
relevant European Union programmes;            relevant European Union programmes;
Whereas it is also important to promote the    Whereas it is also important to promote the
uptake of technologies developed with          uptake of technologies developed with
financing from the specific Research and       financing from the specific Research and
Technical Development non-nuclear energy       Technical Development non-nuclear energy
programme;                                     programme;
Whereas      a multiannual        Framework Whereas         a multiannual        Framework
Programme for Actions in the energy field Programme for Actions in the energy field
has been established;                          has been established;
Whereas the European Parliament and EU         Whereas the European Parliament and EU
industry have indicated their keen interest in industry have indicated their keen interest in
pursuing a policy of developing clean coal     pursuing a policy of developing clean coal
technologies for use in the Union and          technologies for use in the Union and
elsewhere in the world;                        elsewhere in the world;
Whereas the Amsterdam European Council         Whereas the Amsterdam European Council
highlighted the importance of solid fuel       highlighted the importance of solid fuel
Research and Development by its request        Research and Development by its request
that the research in that field currently      that the research in that field currently
supported under the Treaty establishing the    supported under the Treaty establishing the
European Coal and Steel Community              European Coal and Steel Community
should be continued after the expiry of the    should be continued after the expiry of the
Treaty in 2002;                                Treaty in 2002;
Whereas there is a need to transfer to the     Whereas there is a need to transfer to the
industry the results of the research funded    industry the results of the research funded
under the European Coal and Steel              under the European Coal and Steel
Community, the          need    for    whose   Community,       the    need    for    whose
continuation has been acknowledged by the      continuation has been acknowledged by the
Amsterdam European Council;                    Amsterdam European Council;
                                                  *&
 ---pagebreak--- Whereas the promotion, demonstration and        Whereas the promotion, demonstration and
exploitation of clean solid fuel technologies   exploitation of clean solid fuel technologies
throughout the Community are likely to          throughout the Community are likely to
strengthen its economic and social              strengthen its economic and social
cohesion, as called for by Article 130a of      cohesion, as called for by Article 130a of
the Treaty;                                     the Treaty;
Whereas, to this end, it is appropriate to      Whereas, to this end, it is appropriate to
take account of the Community's indicative      take account of the Community's indicative
objectives and make provision for resources     objectives and make provision for resources
to further the attainment of those objectives,  to further the attainment of those objectives,
taking into consideration the particular        taking into consideration the particular
conditions in each Member State;                conditions in each Member State;
Whereas provision should be made for a Whereas provision should be made for a
five-year programme;                            five-year programme;
HAS ADOPTED THIS DECISION:                      HAS ADOPTED THIS DECISION:
                    Article 1                                       Article 1
 Member States shall endeavour to               Member States shall endeavour to
 contribute in their energy policies to the     contribute in their energy policies to the
 promotion of clean solid fuel technologies,    promotion of clean solid fuel technologies,
 where appropriate, so as to ensure that the    where appropriate, so as to ensure that the
 best available technologies (BAT) are used     best available technologies (BAT) are used
 in order to limit emissions from solid fuel    in order to promote increased efficiency of
 use, including carbon dioxide emissions.       combustion and to limit emissions from
 Account shall be taken of the Community's      solid fuel use, including carbon dioxide
 indicative objectives relating to clean coal   emissions. Account shall be taken of the
 technologies. These objectives are to be       Community's indicative objectives relating
 reviewed with the Energy Committee (see        to clean coal technologies. These objectives
 Article 7.2) on a year by year basis.          are to be reviewed with the Energy
                                                 Committee (see Article 7.2) on a year by
                                                year basis.
                    Article 2                                       Article 2
 Within the Framework Programme for              Within the Framework Programme for
 Energy, the Community shall support a           Energy, the Community shall support a
 series of actions to promote the exploitation   series of actions to promote the exploitation
 of clean solid fuel technologies within the     of clean solid fuel technologies within the
 context of the specific programme               context of the specific programme
 CARNOT (actions for greater penetration         CARNOT (actions for greater penetration
 and exploitation of clean solid fuel            and exploitation of clean solid fuel
 technologies), hereinafter referred to as 'the  technologies), hereinafter referred to as 'the
 programme'.                                     programme'.
                                                   ^
 ---pagebreak--- The programme shall last for five years, The programme shall last for five years,
from 1 January 1998 to 31 December 2002. from 1 January 1998 to 31 December 2002.
The annual appropriations are authorised by The annual appropriations are authorised by
the budgetary authority within the ceiling of the budgetary authority within the ceiling of
the financial perspectives.                    the financial perspectives.
                   Article 3                                      Article 3
Two categories of actions on clean solid Two categories of actions on clean solid
fuel technologies shall be financed under fuel technologies shall be financed under
the programme, namely:                         the programme, namely:
a)       Measures to foster the creation of an a)       Measures to foster the creation of an
information network aimed at promoting         information network aimed at promoting
better market and technical information        better market and technical information
between national,          Community and       between national, Community and
international     activities   through the     international     activities through the
establishment of appropriate means for         establishment of appropriate means for
exchanging information, helping to remove      exchanging information, helping to remove
barriers and evaluating the impact of the      barriers and evaluating the impact of the
various actions provided for in this article:  various actions provided for in this article:
b)       Measures to foster industrial         b)       Measures to foster industrial
strategic cooperation, such as business        strategic cooperation, * such as business
workshops and seminars, industrial on-site     workshops and seminars, industrial on-site
visits, studies, evaluations and concertation  visits, studies, evaluations and concertation
groupings, aimed at promoting the              groupings, aimed at promoting the
industrial exploitation of clean technologies  industrial exploitation of clean technologies
for energy purposes, in particular heat and    for energy purposes, in particular heat and
power production. This will include the        power production. This will include the
promotion of exports of European clean         promotion of exports of European clean
solid fuel technology.                         solid fuel technology.
                   Article 4                                      Article 4
All costs relating to the actions referred to All costs relating to the actions referred to
in Article 3 a) shall be borne by the in Article 3 a) shall be borne by the
Community.                                     Community.
The level of funding for the actions referred The level of funding for the actions referred
to in Article 3 b) shall be between 30 and to in Article 3 b) shall be between 30 and
50% of their total cost.                       50% of their total cost.
The balance of the funding of the actions      The balance of the funding of the actions
referred to in Article 3 b) may be made up     referred to in Article 3 b) may be made up
from either public or private sources or       from either public or private sources or
from a combination of the two.                 from a combination of the two.
                                                  kP
 ---pagebreak---                    Article 5                                      Article 5
The Commission shall establish guidelines     The Commission shall establish guidelines
for the support measures referred to in       for the support measures referred to in
Article 3 b) each year, in consultation with  Article 3 b) each year, in consultation with
the committee provided for in Article 7.1.    the committee provided for in Article 7.1.
The proposed initiatives referred to in       The proposed initiatives referred to in
Article 3 and the list of bodies which are to Article 3 and the list of bodies which are to
implement them shall be submitted annually    implement them shall be submitted annually
by the Member States to the Commission,       by the Member States to the Commission,
which shall decide on the level and           which shall decide on the level and
conditions      of    Community      funding  conditions      of     Community     funding
according to the procedure provided for in    according to the procedure provided for in
Article 7. The Commission shall sign          Article 7. The Commission shall sign
contracts relating to the support measures    contracts relating to the support measures
with those bodies.                            with those bodies.
                    Article 6                                     Article 6
The Commission shall be responsible for The Commission shall be responsible for
the implementation of the programme.          the implementation of the programme.
For the implementation of the actions         For the implementation of the actions
referred to in Article 3 a) and b) the        referred to in Article 3 a) and b) the
Commission shall apply the procedure laid     Commission shall apply the procedure laid
down in Article 7.                            down in Article 7.
                    Article 7                                     Article 7
The Commission shall be assisted by the       The Commission shall be assisted by the
Committee referred to in article 4 of the     Committee referred to in article 4 of the
Council decision setting up a multiannual     Council decision setting up a multiannual
Energy Framework Programme.                   Energy Framework Programme.
                                                                 Article 7 a
                                              During the first year of the programme
                                              the Commission shall report to the
                                              Parliament on the extent and type of
                                              existing solid fuels generating capacity.
                    Article 8                                     Article 8
 1.     During the third year of the          1.      During the third year of . the
programme, the Commission shall present a     programme, the Commission shall present a
report to the European Parliament and to the  report to the European Parliament and to the
Council on the results achieved. The report   Council on the results achieved. The report
shall be accompanied by proposals for any     shall be accompanied by proposals for any
amendments which might be necessary in        amendments which might be necessary in
the light of these results.                   the light of these results.
                                                 1*4
 ---pagebreak--- 2.       On expiry of the programme, the      2.      On expiry of the programme, the
Commission shall assess the results           Commission shall assess the results
obtained, the application of this Decision    obtained, the application of this Decision
and the consistency of national and           and 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       thereon to the European Parliament, the
Council, the Economic and Social              Council, the Economic and Social
Committee and the Committee of the            Committee and the Committee of the
Regions.                                      Regions.
                   Article 9                                    Article 9
The programme shall be open to associated     The programme shall be open to associated
Central and East European countries in        Central and East European countries in
accordance with the conditions, including     accordance with the conditions, including
financial arrangements, agreed on in the      financial arrangements, agreed on in the
Additional Protocols to the Association       Additional Protocols to the Association
Agreements,       for      participation   in Agreements,      for      participation   in
Community programmes. The programme           Community programmes. The programme
shall be open to Cyprus on the basis of       shall be open to Cyprus on the basis of
additional appropriations in accordance       additional appropriations in accordance
with the same rules as those applied to the   with the same rules as those applied to the
EFTA countries following procedures to be     EFTA countries following procedures to be
agreed on with the countries concerned.       agreed on with the countries concerned.
                 Article 10                                    Article 10
 This Decision is addressed to the Member This Decision is addressed to the Member
 States.                                      States.
 Done at Brussels,                            Done at Brussels,
                             For the Council                              For the Council
                             The President                                The President
                                                  t/4
 ---pagebreak---                        Amended proposal for a
                       COUNCIL DECISION
                            adopting a
  MULTIANNUAL PROGRAMME OF ACTIONS IN THE NUCLEAR SECTOR,
RELATING TO THE SAFE TRANSPORT OF RADIOACTIVE MATERIALS AND
         TO SAFEGUARDS AND INDUSTRIAL COOPERATION
    TO PROMOTE SAFETY FEATURES OF NUCLEAR INSTALLATIONS
 IN COUNTRIES PARTICIPATING IN THE TACIS PROGRAMME (1998-2002).
                        (SURE programme)
                                  cp
 ---pagebreak---                                     Amended Proposal for a Council Decision
                                                                                         98/0234 (CNS)
                                                    adopting a
  PROPOSAL FOR A COUNCIL DECISION ADOPTING A MULTIANNUAL PROGRAMME OF
       ACTIONS IN THE NUCLEAR SECTOR, RELATING TO THE SAFE TRANSPORT OF
 RADIOACTIVE MATERIALS AND TO SAFEGUARDS AND INDUSTRIAL COOPERATION TO
        PROMOTE SAFETY FEATURES OF NUCLEAR INSTALLATIONS IN COUNTRIES
                      PARTICIPATING IN THE TACIS PROGRAMME (1998-2002).
                                               (SURE programme)
                  ORIGINAL TEXT                                             AMENDED TEXT
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 Atomic Energy Community, and in                  European Atomic Energy Community, and in
particular Article 203 thereof,                           particular Article 203 thereof,
Having regard to the proposal from the                    Having regard to the proposal from the
Commission,*                                              Commission, 1
Having regard to the opinion of the European              Having regard to the opinion of the European
Parliament,^                                              Parliament,^
Whereas the desire to promote safeguards for the use      Whereas the desire to promote safeguards for the use
of nuclear materials as well as a high degree of safety   of nuclear materials as well as a high degree of safety
are fundamental objectives of Community energy            are fundamental objectives of Community energy
policy in the nuclear field; whereas a specific           policy in the nuclear field; whereas a specific
programme to promote certain actions related to           programme to promote certain actions related to
nuclear safeguards and safety should therefore be         nuclear safeguards and safety should therefore be
implemented within the multiannual framework              implemented within the multiannual framework
programme for actions in the energy sector (1998-         programme for actions in the energy sector (1998-
2002);                                                    2002);
Whereas the use of nuclear energy to produce              Whereas the use of nuclear energy to produce
electricity and the increasing use of radioactive         electricity and the increasing use of radioactive
materials in the health sector, industry and research     materials in the health sector, industry and research
mean that more radioactive materials are being            mean that more radioactive materials are being
transported, whereas the desire to increase safety in     transported; whereas the desire to increase safety in
the nuclear field must therefore lead to an               the nuclear field must therefore lead to an
improvement in the safety conditions under which          improvement in the safety conditions under which
radioactive materials are transported;                    radioactive materials are transported;
Whereas the Community cannot disregard the                Whereas the Community cannot disregard the
situation prevailing in the nuclear sector in the         situation prevailing in the nuclear sector in the
countries participating in the TACIS programme;           countries participating in the TACIS programme;
                                                        uu
 ---pagebreak--- whereas it can help to ensure nuclear safeguards in     whereas it can help to ensure nuclear safeguards in
those countries by passing on the benefits of its       those countries by passing on the benefits of its
experience and to promote high safety standards for     experience and to promote high safety standards for
nuclear equipment design and maintenance by             nuclear equipment design and maintenance by
encouraging industrial cooperation;                     encouraging industrial cooperation;
                                                        Whereas the establishment of an. effective and
                                                        reliable safeguards system and the compliance of
                                                        nuclear equipment and installations with
                                                        internationally recognised high safety standards
                                                        are priority areas for the negotiations on
                                                        enlargement of the European Union;
Whereas it is politically and economically desirable to Whereas it is politically and economically desirable to
open up the programme to associated Central and         open up the programme to associated Central and
Eastern European countries, in accordance with the      Eastern European countries, in accordance with the
conclusions of the European Council held in             conclusions of the European Council held in
Copenhagen in June 1994 and as stated in the            Copenhagen in June 1994 and as stated in the
communication on this subject presented to the          communication on this subject presented to the
Council by the Commission in May 1994, as well as       Council by the Commission in May 1994, as well as
to Cyprus;                                              to Cyprus;
                                                        Whereas it is important to improve public
                                                        information in the areas covered by the
                                                        programme and to regularly inform the
                                                        European Parliament and the Council on the
                                                        implementation of the programme;
Whereas the Treaty establishing the European            Whereas the Treaty establishing the European
Atomic Energy Community does not provide powers Atomic Energy Community does not provide powers
for the adoption of this programme other than those     for the adoption of this programme other than those
in Article 203;                                         in   Article 203;
HAS ADOPTED THIS DECISION:                              HAS ADOPTED THIS DECISION:
                         Article 1                                                 Article 1
 I.     Within the framework programme for actions      I.        Within the framework programme for actions
        in the energy sector a specific programme of              in the energy sector a specific programme of
        actions in the nuclear sector, relating to the            actions in the nuclear sector, relating to the
        safe transport of radioactive materials and to            safe transport of radioactive materials and to
        safeguards and industrial cooperation to                  safeguards and industrial cooperation to
        promote safety features of nuclear                        promote safety features of nuclear
        installations in countries participating in the           installations in countries participating in the
        TACIS programme, hereinafter referred to as               TACIS programme, hereinafter referred to as
        "SURE", shall be implemented by the                       "SURE", shall be implemented by the
        Community for the period 1998-2002.                        Community for the period 1998-2002.
 II.     Apart from the priority objectives referred to  II.      Apart from the priority objectives referred to
        in Article 1(2) of the Council decision                   in Article 1(2) of the Council decision
        adopting a multiannual framework                          adopting a multiannual framework
        programme for actions in the energy sector,               programme for actions in the energy sector,
        the objectives of the SURE programme shall                the objectives of the SURE programme shall
        be:                                                       be:
                                                          kS"
 ---pagebreak---         A.       to improve the conditions for the safe           A.      to improve the conditions for the safe
                 transport of radioactive materials in                    transport of radioactive materials in
                 the European Community;                                  the European Community;
        B.       to help to establish in countries                B.      to help to establish in countries
                 participating in the TACIS programme                     participating in the TACIS programme
                 an effective and reliable system of                      an effective and reliable system of
                 safeguards through cooperation                           safeguards through cooperation
                 measures;                                                measures;
        C.       to promote cooperation with those                C.      to promote cooperation with those
                 countries and exchange of know-how                       countries and exchange of know-how
                 within the nuclear industry in order to                  within the nuclear industry in order to
                 help them meet the internationally                       help them meet the internationally
                 recognised high safety standards for                     recognised high safety standards for
                 nuclear equipment and installations.                     nuclear equipment and installations.
                         Article 2                                                Article 2
The annual appropriations shall be authorised by the     The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial   budgetary authority within the limits of the financial
perspectives.                                            perspectives.
                         Article 3                                                Article 3
In order to achieve the objectives referred to in        In order to achieve the objectives referred to in
Article 1, the Community shall contribute in             Article 1, the Community shall contribute in
particular to the funding of actions which:              particular to the funding of actions which:
1. in the field of the safe transport of radioactive     1. in thefieldof the safe transport of radioactive
   materials:                                               materials:
        - facilitates the functioning of the internal            - facilitates the functioning of the internal
            market by identifying those harmonisation                market by identifying those harmonisation
            measures which are called for:                           measures which are called for;
                                                                 - help to increase safety standards by
                                                                     standardising requirements at a high
                                                                     level;
            help to improve legislation further by               - help to improve legislation further by
            developing experimentation and                           developing experimentation and
            know-how;                                                know-how;
                                                                 - help to improve cooperation and the
                                                                     exchange of information between the
                                                                     monitoring authorities in the EU and in
                                                                     the countries participating in the
                                                                     programme;
            evaluate technically incidents which have            - evaluate technically incidents which have
           occurred during transport and learn the                   occurred during transport and learn the
            lessons for the future;                                  lessons for the future;
                                                                 - propose a uniform, efficient system of
                                                                     obligations on the part of licence-
                                                                     holders to report to the monitoring
                                                                     authorities in the event of an incident;
                                                   H6
 ---pagebreak---          - make transport emergency procedures                     - make transport emergency procedures
             more consistent and give those involved                   more consistent and give those involved
             more training;                                            more training;
         - cooperate with countries participating in               - cooperate with countries participating in
            the TACIS programme to help them                          the TACIS programme to help them
             improve transport safety in their own                    improve transport safety in their own
             countries;                                               countries;
         - improve public information,                             - improve public information,
             comprehension and awareness in this area.                comprehension and awareness in this area.
    In the field of safeguards in countries participating 2. In the field of safeguards in countries participating
    in the TACIS programme:                                   in the TACIS programme:
         A.       training, familiarisation, testing,              A.       training, familiarisation, testing,
            retraining and technological upgrading of                 retraining and technological upgrading of
            experts from those countries in the matter                experts from those countries in the matter
            of nuclear safeguards;                                    of nuclear safeguards;
         B.       cooperation on the implementation of             B.       cooperation on the implementation of
            accounting and control systems for nuclear                accounting and control systems for nuclear
            materials;                                                materials;
         C.       installation of modern logistical,               C.       installation of modern logistical,
            evaluation and control equipment and the                  evaluation and control equipment and the
            training relating thereto.                                training relating thereto.
    3. In the field of industrial cooperation on nuclear      3. In the field of industrial cooperation on nuclear
    matters with the countries participating in the           matters with the countries participating in the
    TACIS programme:                                          TACIS programme:
         A. analyse the industrial, administrative, legal          A. analyse the industrial, administrative, legal
            and financial context specific to each of                 and financial context specific to each of
            them;                                                     them;
         B. encourage industrial cooperation measures              B. encourage industrial cooperation measures
            capable of transferring the European                      capable of transferring the European
            technologies for nuclear safety;                          technologies for nuclear safety;
         C. facilitate the cooperation of partners from            C. facilitate the cooperation of partners from
            the European Community and countries                      the European Community and countries
            participating in the TACIS programme in                   participating in the TACIS programme in
            the development of joint industrial                       the development of joint industrial projects
            projects.                                                 allowing the implementation of
                                                                      equivalent safety standards.
                           Article 4                                                 Article 4
The level of funding for the actions and measures         The level of funding for the actions and measures
referred to in Article 3 shall be between 80 and 100% referred to in Article 3 shall be between 80 and 100%
of their total cost.                                      of their total cost.
3
     Council Decision no                  of.
                                                            </7
 ---pagebreak---                         Article 5                                                Article 5
1. The Commission shall be responsible for the           1. The Commission shall be responsible for the
    financial execution and implementation of the           financial execution and implementation of the
    SURE programme.                                          SURE programme.
2. To these ends, the Commission shall be assisted       2. To these ends, the Commission shall be assisted
   by the Committee referred to in Article 4 of the         by the Committee referred to in Article 4 of the
    Council Decision adopting the multiannual                Council Decision adopting the multiannual
    framework programme for actions in the energy           framework programme for actions in the energy
    sector3.                                                 sector* .
                                                         3. The Commission shall draw up each year a
                                                             draft programme of actions to be undertaken
                                                             during the following yean which is submitted
                                                            to the Committee referred to in paragraph 2.
                                                            The Commission shall regularly inform the
                                                             European Parliament and the Council on the
                                                             implementation of the programme;
                        Article 6                                                Article 6
The examination and internal and external assessment     The examination and internal and external assessment
of the implementation of this programme shall be         of the implementation of this programme shall be
carried out in accordance with Article 5 of the          carried out in accordance with Article 5 of the
Council Decision adopting a multiannual framework        Council Decision adopting a multiannual framework
programme for actions in the energy sector.              programme for actions in the energy sector.
                        Article 7                                                Article 7
The SURE programme shall be open to participation        The SURE programme shall be open to participation
by associated Central and Eastern European               by associated Central and Eastern European
countries (CEEC) in accordance with the conditions,      countries (CEEC) in accordance with the conditions,
including financial provisions, laid down in the         including financial provisions, laid down in the
additional protocols to the Association Agreements       additional protocols to the Association Agreements
or in the Association Agreements themselves,             or in the Association Agreements themselves,
relating to participation in Community programmes.       relating to participation in Community programmes.
The programme shall also be open to participation by     The programme shall also be open to participation by
Cyprus, on the basis of additional appropriations,       Cyprus, on the basis of additional appropriations,
under the same rules as those applied to EFTA/EEA        under the same rules as those applied to EFTA/EEA
countries, in accordance with procedures to be           countries, in accordance with procedures to be
agreed with that country.                                agreed with that country.
                        Article 8                                                Article 8
This Decision shall enter into force on the 20th day     This Decision shall enter into force on the 20th day
following its publication in the Official Journal of the following its publication in the Official Journal of the
European Communities.                                    European Communities.
                                                            k&
 ---pagebreak---                       Article 9                                            Article 9
This Decision is addressed to the Member States.     This Decision is addressed to the Member States.
Done at Brussels,                    For the Council Done at Brussels,                    For the Council
                                     The President                                        The President
                                                      (p<\
 ---pagebreak---  ---pagebreak---                                                                 ISSN 0254-1475
                                                           COM(98) 607 final
                                              DOCUMENTS
EN                                                           12 15 10 01
                                    Catalogue number : CB-CO-98-596-EN-C
Office for Official Publications of the European Communities
L-2985 Luxembourg
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