CELEX: 31972R1056
Language: en
Date: 1972-05-18 00:00:00
Title: Regulation (EEC) No 1056/72 of the Council of 18 May 1972 on notifying the Commission of investment projects of interest to the Community in the petroleum, natural gas and electricity sectors

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31972R1056

Regulation (EEC) No 1056/72 of the Council of 18 May 1972 on notifying the Commission of investment projects of interest to the Community in the petroleum, natural gas and electricity sectors  

Official Journal L 120 , 25/05/1972 P. 0007 - 0010 Danish special edition: Series I Chapter 1972(II) P. 0449  English special edition: Series I Chapter 1972(II) P. 0466  Greek special edition: Chapter 10 Volume 1 P. 0044  Spanish special edition: Chapter 12 Volume 1 P. 0161  Portuguese special edition Chapter 12 Volume 1 P. 0161  Finnish special edition: Chapter 12 Volume 1 P. 0039  Swedish special edition: Chapter 12 Volume 1 P. 0039 

++++REGULATION ( EEC ) NO 1056/72 OF THE COUNCIL OF 18 MAY 1972 ON NOTIFYING THE COMMISSION OF INVESTMENT PROJECTS OF INTEREST TO THE COMMUNITY IN THE PETROLEUM , NATURAL GAS AND ELECTRICITY SECTORS  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 5 AND 213 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS THE INTRODUCTION OF A COMMON ENERGY POLICY IS ONE OF THE OBJECTIVES OF THE COMMUNITIES ; WHEREAS IT IS THE TASK OF THE COMMISSION TO PROPOSE THE MEASURES TO BE TAKEN FOR THIS PURPOSE ;  WHEREAS , AFTER STUDYING THE COMMUNICATION MADE TO IT BY THE COMMISSION ON 18 DECEMBER 1968 ON INITIAL GUIDELINES FOR A COMMUNITY ENERGY POLICY , THE COUNCIL , DURING ITS 88TH SESSION HELD ON 13 NOVEMBER 1969 :  - APPROVED THE BASIC PRINCIPLES OF THAT COMMUNICATION IN THE LIGHT OF THE REPORT FROM THE COMMITTEE OF PERMANENT REPRESENTATIVES ;  - REQUESTED THE COMMISSION TO PUT BEFORE IT AS SOON AS POSSIBLE THE MOST URGENT CONCRETE PROPOSALS IN THIS FIELD ;  - AGREED TO STUDY THESE PROPOSALS AS SOON AS POSSIBLE IN ORDER TO ESTABLISH A COMMUNITY ENERGY POLICY ;  WHEREAS OBTAINING AN OVERALL PICTURE OF THE DEVELOPMENT OF INVESTMENTS IN THE COMMUNITY IS ONE FEATURE OF SUCH A POLICY ; WHEREAS THIS WILL , IN PARTICULAR , ENABLE THE COMMUNITY TO MAKE THE NECESSARY COMPARISONS ;  WHEREAS THE ACCOMPLISHMENT OF THAT TASK REQUIRES THE MOST ACCURATE INFORMATION POSSIBLE ON INVESTMENTS ; WHEREAS , WITH REGARD TO COAL AND ATOMIC ENERGY , UNDERTAKINGS ARE UNDER AN OBLIGATION , PURSUANT TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , TO NOTIFY THEIR INVESTMENT PROJECTS ; WHEREAS IT IS DESIRABLE TO SUPPLEMENT SUCH INFORMATION WITH PARTICULARS RELATING TO PETROLEUM , NATURAL GAS AND ELECTRICITY ; WHEREAS TO THIS END THE COMMISSION SHOULD BE INFORMED OF INVESTMENT PROJECTS WHICH ARE OF INTEREST TO THE COMMUNITY IN THE SECTORS CONCERNED ;  WHEREAS , SO THAT THE COMMISSION MAY CARRY OUT ITS TASK , IT SHOULD BE INFORMED IN GOOD TIME OF ANY FUNDAMENTAL ALTERATION IN SUCH PROJECTS , IN PARTICULAR AS REGARDS THE PERIOD REQUIRED FOR CARRYING THEM OUT AND THE PLANNED CAPACITY ; WHEREAS IN CONSEQUENCE COMMUNICATION OF SUCH PARTICULARS IS SIMILARLY INDISPENSABLE ;  WHEREAS MEMBER STATES SHOULD FOR THIS PURPOSE COMMUNICATE TO THE COMMISSION , WITH ANY COMMENTS THEY MAY HAVE , PARTICULARS OF INVESTMENT PROJECTS CONCERNING PRODUCTION , STORAGE AND DISTRIBUTION OF PETROLEUM , NATURAL GAS OR ELECTRIC POWER PLANNED IN THEIR TERRITORY ; WHEREAS TO THIS END THE PERSONS AND UNDERTAKINGS CONCERNED MUST BE UNDER AN OBLIGATION TO COMMUNICATE TO THE MEMBER STATES THE INFORMATION IN QUESTION ;  WHEREAS IT IS DESIRABLE TO ENABLE THE COMMISSION TO PRESCRIBE , IF NEED BE , CERTAIN PRACTICAL DETAILS , SUCH AS THE FORM AND CONTENT OF THE NOTIFICATIONS TO BE MADE ;  WHEREAS OBSERVANCE OF THE OBLIGATIONS PROVIDED FOR IN THIS REGULATION AND THE CONFIDENTIAL NATURE OF THE INFORMATION COLLECTED SHOULD BE ENSURED ;  HAS ADOPTED THIS REGULATION :  ARTICLE 1  1 . MEMBER STATES SHALL , BEFORE 15 FEBRUARY OF EACH YEAR , COMMUNICATE TO THE COMMISSION THE INFORMATION THEY HAVE OBTAINED ON THE BASIS OF THE PROVISIONS OF PARAGRAPH 2 CONCERNING INVESTMENT PROJECTS LISTED IN THE ANNEX WHICH RELATE TO THE PRODUCTION , TRANSPORT , STORAGE OR DISTRIBUTION OF PETROLEUM , NATURAL GAS OR ELECTRIC POWER AND WHICH ARE SCHEDULED TO START WITHIN THREE YEARS FROM 1 JANUARY OF THE CURRENT YEAR .  MEMBER STATES SHALL ADD TO THEIR NOTIFICATIONS ANY COMMENTS THEY MAY HAVE .  2 . IN ORDER TO FULFIL THE OBLIGATION LAID DOWN IN PARAGRAPH 1 , THE PERSONS AND UNDERTAKINGS CONCERNED SHALL , BEFORE 15 JANUARY OF EACH YEAR , COMMUNICATE DETAILS OF INVESTMENT PROJECTS REFERRED TO IN PARAGRAPH 1 TO THE MEMBER STATES IN WHOSE TERRITORY THEY ARE PLANNING TO CARRY THEM OUT .  3 . THE NOTIFICATIONS PROVIDED FOR IN PARAGRAPHS 1 AND 2 SHALL , MOREOVER , INDICATE THE VOLUME OF CAPACITIES IN COMMISSION OR UNDER CONSTRUCTION OR WHICH ARE SCHEDULED TO BE TAKEN OUT OF COMMISSION WITHIN THREE YEARS .  4 . WHEN CALCULATING CAPACITIES OR DIMENSIONS MENTIONED IN THE ANNEX , THE MEMBER STATES , PERSONS OR UNDERTAKINGS CONCERNED SHALL TAKE INTO ACCOUNT ALL PARTS OF A PROJECT IN SO FAR AS THEY TOGETHER CONSTITUTE A TECHNICALLY INDIVISIBLE WHOLE , EVEN WHERE THE PROJECT IS CARRIED OUT IN SEVERAL SUCCESSIVE STAGES .  ARTICLE 2  1 . WITH REGARD TO INVESTMENT PROJECTS PLANNED OR IN PROGRESS , ANY NOTIFICATIONS AS REFERRED TO IN ARTICLE 1 SHALL INDICATE THE FOLLOWING :  - THE NAME , AND ADDRESS OR SEAT OF THE PERSON OR UNDERTAKING PLANNING TO MAKE THE INVESTMENTS ;  - THE PRECISE PURPOSE AND NATURE OF SUCH INVESTMENTS ;  - THE PLANNED CAPACITY OR POWER ;  - THE DATE WHEN WORK IS DUE TO BEGIN AND THE PROBABLE DATE OF COMMISSIONING ;  - THE TYPE OF RAW MATERIALS USED .  AS REGARDS ANY PROPOSED WITHDRAWAL FROM SERVICE , NOTIFICATIONS SHALL INDICATE THE FOLLOWING :  - THE CHARACTER AND THE CAPACITY OR POWER OF THE INSTALLATIONS CONCERNED ;  - THE PROBABLE DATE WHEN THE INSTALLATIONS WILL BE WITHDRAWN FROM SERVICE .  2 . WITHIN THE LIMITS LAID DOWN BY THIS REGULATION AND THE ANNEX THERETO , THE COMMISSION IS AUTHORIZED TO ADOPT IMPLEMENTING PROVISIONS CONCERNING THE FORM , CONTENT AND OTHER DETAILS OF THE NOTIFICATIONS PROVIDED FOR IN ARTICLE 1 .  ARTICLE 3  THE COMMISSION SHALL PLACE BEFORE THE COUNCIL A SUMMARY OF THE INFORMATION OBTAINED PURSUANT TO THIS REGULATION .  ARTICLE 4  INFORMATION FORWARDED PURSUANT TO THIS REGULATION SHALL BE TREATED AS CONFIDENTIAL . THIS PROVISION SHALL NOT PREVENT THE PUBLICATION OF GENERAL INFORMATION OR OF SUMMARIES NOT CONTAINING PARTICULARS CONCERNING INDIVIDUAL UNDERTAKINGS .  ARTICLE 5  MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO ENSURE OBSERVANCE OF THE OBLIGATIONS ARISING UNDER ARTICLES 1 ( 2 ) AND 4 .  ARTICLE 6  THIS REGULATION SHALL ENTER INTO FORCE ONE MONTH AFTER ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 18 MAY 1972 .  FOR THE COUNCIL  THE PRESIDENT  M . MART  ANNEX  INVESTMENT PROJECTS  1 . PETROLEUM  1.1 REFINING  - DISTILLATION PLANTS WITH A CAPACITY OF NOT LESS THAN 1 000 000 METRIC TONS A YEAR ;  - EXTENSION OF DISTILLING CAPACITY BEYOND 1 000 000 METRIC TONS A YEAR ;  - REFORMING/CRACKING PLANTS WITH A MINIMUM CAPACITY OF 500 METRIC TONS A DAY ;  CHEMICAL PLANTS WHICH DO NOT PRODUCE FUEL OIL AND/OR MOTOR FUELS , OR WHICH PRODUCE THEM ONLY AS BY-PRODUCTS , ARE EXCLUDED .  1.2 TRANSPORT  - CRUDE OIL PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 3 000 000 METRIC TONS A YEAR , WHICH ARE NOT LESS THAN 30 KILOMETRES LONG ;  - PETROLEUM PRODUCT PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 1 500 000 METRIC TONS A YEAR WHICH ARE NOT LESS THAN 30 KILOMETRES LONG ;  - EXTENSION OR LENGTHENING BY NOT LESS THAN 30 KILOMETRES OF PIPELINES COMING WITHIN THE CATEGORIES MENTIONED ABOVE .  PIPELINES FOR MILITARY PURPOSES AND THOSE SUPPLYING PLANTS OUTSIDE THE SCOPE OF ITEM 1.1 ARE EXCLUDED .  1.3 SUPPLY/DISTRIBUTION  - TANKS FOR STORING CRUDE OIL AND PETROLEUM PRODUCTS WITH A CAPACITY OF NOT LESS THAN 100 000 M3 .  TANKS INTENDED FOR MILITARY PURPOSES AND THOSE SUPPLYING PLANTS OUTSIDE THE SCOPE OF ITEM 1.1 ARE EXCLUDED .  2 . NATURAL GAS  2.1 TRANSPORT  - GAS PIPELINES WITH AN INSTALLED OR PLANNED CAPACITY OF NOT LESS THAN 1000 MILLION M3 PER YEAR ;  - EXTENSION OR LENGTHENING BY NOT LESS THAN 30 KILOMETRES OF SUCH GAS PIPELINES ;  - TERMINALS FOR THE IMPORTATION OF LIQUEFIED NATURAL GAS .  GAS PIPELINES AND TERMINALS FOR MILITARY PURPOSES AND THOSE SUPPLYING CHEMICAL PLANTS WHICH DO NOT PRODUCE ENERGY PRODUCTS , OR WHICH PRODUCE THEM ONLY AS BY-PRODUCTS , ARE EXCLUDED .  2.2 DISTRIBUTION  - UNDERGROUND STORAGE INSTALLATIONS WITH A CAPACITY OF NOT LESS THAN 150 000 000 M3 .  INSTALLATIONS FOR MILITARY PURPOSES AND THOSE SUPPLYING CHEMICAL PLANTS WHICH DO NOT PRODUCE ENERGY PRODUCTS , OR WHICH PRODUCE THEM ONLY AS BY-PRODUCTS , ARE EXCLUDED .  3 . ELECTRICITY  3.1 PRODUCTION  - CONVENTIONAL THERMAL POWER STATIONS ( GENERATORS WITH A UNIT CAPACITY OF 200 MW OR MORE ) ;  - HYDRO-ELECTRIC POWER STATIONS ( POWER STATIONS HAVING A CAPACITY OF 50 MW OR MORE ) .  3.2 TRANSPORT  - TRANSMISSION LINES , IF THEY HAVE BEEN DESIGNED FOR A VOLTAGE OF 345 KV OR MORE .