CELEX: 51972PC1204
Language: en
Date: 1972-10-11
Title: Proposal for a COUNCIL REGULATION concerning trans-frontier oil and gas pipelines (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1204
Vol. 1972/0153
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---                    OF THE EUK.OPBAN COMMUNIIIES
                                                  COM(72) ) 1204 final
                                                  Brussels , 11 October 1972
                               Proposal for a
                            COUNCIL REGULATION
             concerning "trans-frontier oil and gas pipelines
                ( submitted to the Council by the Commission )
COMÇ72 ) 1204 final
 ---pagebreak---                         EXPLAUATORY E3TORANXUM
1.    The best method of transport over long distances , both for
hydrocarbons and for natural gas , is to use pipelines .    There are
already a large number of pipelines in the Community but this number
will have to be stepped up considerably over the next few years to
keep pace with the growth in consumption and intra-Community trade .
Thus a widely integrated network of oil and gas pipelines is in the
process of being set up within the Community.
This is in line t*ith the aims of a Community hydrocarbon supply
policy , which are to secure , in addition to dependability , the most
economic terms of delivery to consumers in the Community .
2.   It is in the interest of the Community that the development of
this network should be accompanied , for reasons of competition , by
the maintenance of a sufficient number of undertakings of various
sizes to transport hydrocarbons .    To this end , it would be
advisable for all the undertakings engaged in supplying the market
to have equal access to these pipelines ;   this would mean in
particular that the operators of these pipelines would have to
transport hydrocarbons for outside parties at prices and on terms
which are non-discriminatory .
3.   Not all of the Member States have laws which lay down this
obligation .   To achieve the aims of a Community energy policy in
the field of oil and gas pipelines , it is necesss-ry to adopt common
rules applicable to transportation by oil and gas pipelines from or
to the territory of a Ilember State or across the territory of one
or more of the Member States .    Such measures are , in principle , a
matter for the common transport polidy, which up to now has not
taken into consideration transportation by means of pipelines , but
which should aim to attain progressively a comprehensive transport
system capable of meeting all the demands of the transport markets .
 ---pagebreak--- 4.   It is proposed that the Council "be enabled to recognize , by
decisions taken in respect of each case individually on proposals
from the Commission , that some of these pipelines are of common
interest from a European standpoint ;  the operator of such a pipeline
would be obliged to transport hydrocarbons for outsiders at prices
and on terms which are non-discriminatory .
5.   This system would also facilitate exchanges between countries
in the event of supply difficulties affecting only part of the
Community , and this would be a manifestation of maximum solidarity
among the Member States in the field of energy supplies .
 ---pagebreak---                              - 3 -
               Proposal for a Council Regulation
                 concerning trans-frontier oil
                       and gas pipelines
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 75 thereof ;
Having regard to the proposal from the Commission}
Halving regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas the establishment of a common energy policy is one of the
objectives which the Communities have set themselves ;
Whereas in order to achieve this it is appropriate to take certain
measures in the field of oil and natural gas transport , which by their
nature come within the ambit of the common transport policy^
Whereas the development of an integrated network of oil and gas
pipelines requires the adoption of certain common rules applicable
to international transportation by oil and gas pipelines from or to
the territory of a Member State or across the territory of one or
more of the Member States ;
Whereas the development of an integrated network of oil and gas
pipelines facilitates the international transport of oil and natural
gas and- is thus of major economic interest to the Community;
 ---pagebreak---                               - 4 -
Whereas trans-frontier oil and gas pipelines contribute to the
development of transport and trade between Member States and may
contribute towards the development of one or more regions of the
Community;
Whereas security of supplies to the Community at prices which are
relatively stable and as low as possible constitutes one of the
objectives of a Community energy policy;
Whereas , if the hydrocarbon and natural gas transport market is to
function properly , the trans-frontier pipelines must as far as
possible be placed at the disposal of outsiders at prices and on
terms which are non-discriminatory;
Whereas it is necessary to this end to possess powers enabling the
Council to declare certain trans-frontier pipelines to be of common
European interest ;
Where as it is incumbent upon the Commission to make proposals to
this end in the light of the information which it has at its
disposal concerning investments in the oil and natural gas transport
sector in virtue of (EEC ) Regulation No 1056/72 ;
HAS ADOPTES THIS REGULATION :
                            Article 1
The oil and gas pipes which comply with the criteria listed in the
                                                            A
Annex to Council Regulation (EEC ) No 1056/72 of 18 May 1972 and
which pass through the territory of at least two Member States may
be declared to be of common European interest by a decision taken
by the Council by a qualified majority on a proposal from' the
Commission .
 1 0J No L 120 , 25 May 1972
 ---pagebreak---                             Article 2
(1)   Every person or undertaking operating an oil or gas pipeline
      of common European interest within the meaning of Article 1
      shall provide transport facilities in these pipelines for
      outsiders , at prices and on terms which are non-discriminatory,
      if the pipeline capacity and the nature of th*? products
      transported are such as to allow it .
(2)   Such persons or undertakings shall provide the Commission, at
      its request , with all appropriate information to enable it
      to ascertain whether the obligation specified in paragraph
      ( l ) is fulfilled .  The information given shall be confidential .
                           Article 3
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 ,
                                   For the Council ,
                                   The Président