CELEX: 51984PC0150(03)
Language: en
Date: 1984-02-27
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING SPECIAL MEASURES OF COMMUNITY INTEREST RELATING TO ENERGY STRATEGY

22.6.84                                    Official Journal of the European Communities                                 No C 162/7
procedure laid down in Article 8, to other schemes or                       3.    The Commission shall adopt decisions which
measures submitted under this Regulation. If, in the                        shall apply immediately. However, if these decisions
opinion of the Commission, no other scheme is                               are not in accordance with the opinion of the
available, it shall recover the payments made.                              Committee, they shall be communicated to the
                                                                            Council as soon as possible and at the latest within
                             Article 7                                      one month. In that event, the Commission shall defer
                                                                            application of the decisions it has adopted for not
1.    A Management Committee (hereinafter called                            more than two months from the date of such
'the Committee') is hereby established, composed of                         communication. The Council, acting by a qualified
representatives of the Member States and chaired by a                       majority, may take a different decision within two
representative of the Commission.                                           months.
2.    Within the Committee, the votes of the Member                                                         Article 9
States shall be weighted in accordance with Article
148 (2) of the Treaty. The chairman shall not vote.                         The United Kingdom shall, in agreement with the
                                                                            Commission, take the necessary steps to ensure that
                                                                            suitable publicity is given to the assistance granted
                             Article 8                                      under this Regulation.
1.    Where the procedure laid down in this Article is
to be followed, the chairman shall refer the matter to                                                      Article 10
the Committee either on his own initiative or at the                        The Commission shall twice a year report to the
request of the representative of a Member State.                            Council and to the European Parliament on the
                                                                            application of this Regulation.
2.    The representative of the Commission shall
submit drafts of decisions to be taken. The                                                                 Article 11
Committee shall deliver its opinion on the drafts
within a time limit which the chairman may fix                              This Regulation shall enter into force on the day of
according to the urgency of the questions under                             its publication in the Official Journal of the European
consideration. An opinion shall be adopted by                               Communities.
qualified majority in accordance with Article 148 (2)                       This Regulation shall be binding in its entirety and
of the Treaty.                                                              directly applicable in all Member States.
               A m e n d m e n t s to the proposal for a Council Regulation establishing special measures of
                                          C o m m u n i t y interest relating to energy strategy
                                                             COM(84) 150 final/2
               (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                             on 28 February 1984)
                                                                (84/C 162/04)
THE COUNCIL OF THE EUROPEAN                                                 Whereas the Council resolutions of 17 December
COMMUNITIES,                                                                 1974( 2 ), of 13 February 1975 (3), and of 9 June
                                                                             1980 (4), as well as the Council recommendations of
 Having regard to the Treaty establishing the                               28 July 1982 (5) and of 24 May 1983 (6) laid down
 European Economic Community, and in particular                             certain guidelines for the Community's energy policy;
Article 235 thereof,
 Having     regard       to       the   proposal       from      the
 Commission (*),
 Having regard to the opinion of the European Par-                           (2) OJ No C 153, 9. 7. 1975, p. 2.
 liament,                                                                    (3) O J N o C 1 5 3 , 9 . 7 . 1975, p. 6.
                                                                             (4) OJ No C 149, 18. 6. 1980, p. 3.
                                                                             (s) OJ No L 247, 23. 8. 1982, p. 9.
 O OJ No C 344, 20. 12. 1983, p. 4.                                          (') OJ No L 140, 31. 5. 1983, p. 25.
 ---pagebreak---  C^oCtD^                                        Official journal of the European Communities                                                  ^ . D . ^
 whereas the Community should establish Community
 policies which make it possible to assist member
 states which find themsel^es^ in their relations with                          t.   The snecial measures of community interest
 the Community^ i n a s i t u a t i o n o f financialimbalance                 shall be implemented by means of financial assistance
 incomn^dble with economic efficiency^                                         for the imnlcmentation of nro^ects programmes or
                                                                               measures which contribute towards one or more of
whereas any such imbalance should therefore be                                 the following Community energy nolicyobiecti^es^
 corrected by means of expenditure in the contextof                           — the maintenanceof the le^elof the Community^
 Community nolicies^                                                               coal production under satisfactory economic
                                                                                   conditions^
whereas the Community has defined an energy
strategy designed notably to reduce dependence on                             — to ensure by a technological research and
imnorts of energy nroducts^ particularly oib                                       development nolicy that traditional forms of
                                                                                   energy are better exploited a n d ^ i n t h e l o n g t e r m ^
whereas it is necessary to establish snecial measures                              renl^ced by new sources of energy^
of Community interest relating to energy strategy and                         — the development of indigenous energy resources
in^ol^ing financial contributions from the Community
                                                                                   under satisfactory economic conditions^
to energy nro^ects programmes or measures in the
Pederal Republic of (Germany and in the United                                — the reduction of the ratio between the rate of
Aingdom^ which contribute towards Community                                        growth in energy consumption and the rate of
energy nolicyob^ecti^es^                                                           economic growths
whereas thetotal amount of the Community contri                               — the reduction of oil consumption in the
butions necessary for the said specific measures is                                Community as a nronortion of total energy
estimated at ^                million ECaO for nro^ects                            consumptions
programmes and measures executed in the United                                — an increased share for solid fuels and nuclear
kingdom and at ^Ot million ECU for nro^ects                                        energy in electricity productions
programmes and measures executed in the Pederal
Republic of (Germany^                                                         — the increased use of renewable energy sources^
                                                                              — restructuring of demand in favour of the more
whereas the Community^ financial contribution
                                                                                   rational use of energy^
should be in favour of nro^ects or programmes of
Community interest which ha^erecently been started                            — increased investment in conversion to the use of
or are about to be started^ or of measures being                                   solid fuels.
carried o u t o r a b o u t t o b e carried o u t i n connection
with the implementation of current r^ro^ects of                               ^.     The projects programmes and measures shall be
Community interests                                                           submitted to the Commission together with all the
                                                                              information necessary in order to assess^
whereas the nro^ects programmes and measures must
be specified and sunnorted by the information                                 — their conformity w i t h t h e o b i e c t i ^ e s r e f e r r e d t o i n
required in order to retain only those which are of                                naragranhp
Community interest in the field to which they related
                                                                              — their conformity with the eligibility criteria laid
                                                                                   down in Articled
whereas t h e f r e a t y h a s n o t n r o ^ i d e d f o r t h e n o w e r s
of action required for this nurnose^                                          — their Community interest taking account of
                                                                                   energy strategy and the field under considerations
whereas the implementation of the nro^ects
programmes or measures nro^ided for in this Regu                              — the possibilities of verifying the executionof each
lation should be subject to the control of the                                     nro^ect programme or measure and of auditing
                                                                                   exn^diture.
Commissions as wellas t o t h e c o n t r o l s l a i d d o w n b y
thefreaties and the financial Regulations
                                                                              ^.     The commission may request any additional
                                                                              information necessary for the examinationof the said
^A^Ane^^r^or^^^^ot^r^^                                                        projects programmes or measures.
f e c i a l measures of Community interest relating to                        t.     The nro^ects programmes or measures shall be
energy strategyareherebyestablishedin t ^ ^ i n t h e                         eligible forafinancial contribution by the Community
Pederal Republic of (Germany and in the United                                nro^ided they are financed wholly o r i n n a r t by nublic
kingdom.                                                                      authorities and fulfil the following criteria^
 ---pagebreak--- 22.6.84                              Official Journal of the European Communities                            No C 162/9
(a) they must serve to bring about the objectives of            Commission shall first ensure that every project
     the Community's energy policy;                             programme or measure has been started as required
                                                                by this regulation.
(b) they must be compatible with other Community
     policies;
                                                                In other cases, as soon as the Commission has taken a
(c) they must not        give   rise to   distortions   of
                                                                decision pursuant to Article 4 (2), it will grant an
     competition.
                                                                advance of 50 %. A further advance of 40 °/o will be
                                                                granted once 50 % of the expenditure on the project,
2.     Additionally, only those demonstration projects
                                                                programme or measure has been made.
or energy research projects will be retained for which
Member States make the necessary provisions with
regard to ensuring the productive use, the commer-
cialization and dissemination of the results in a non-          3.     Payment of the 10 % balance shall be effected
discriminatory way throughout the Community.                    immediately after the sum referred to in paragraph 2
                                                                has been used up, as certified by the Government of
                                                                the Member State concerned, provided that
                        Article 4                               implementation of the project programme or measure
1.     The Commission shall examine the projects                proceeds as planned and that on-the-spot checks have
programmes or measures submitted to it by each of               been carried out in accordance with the procedure
the Member States concerned under this Regulation               provided for in Article 6.
and shall refer them for information to the
Committee referred to in Article 7.
                                                                                           Article 6
2.     In accordance with the procedure laid down in
Article 8, the Commission shall decide on:
                                                                1.     The Commission shall ensure that each project
(a) the projects programmes or measures meriting                programme or measure is implemented in accordance
     Community assistance, in the light of the criteria         with this Regulation, with the provisions adopted for
     provided for in Article 3;                                 its application and with the Regulation adopted
(b) the amount of the Community's overall financial             pursuant to Article 209 of the Treaty.
     contribution, within the limits of the appropri-
     ations available.                                          To this end, each of the Member States concerned
                                                                shall supply the Commission with all information
3.     The Community's overall financial contribution           requested by it and shall take all steps with regard to
may not exceed, for each project programme or                   Community-assisted          projects   programmes      or
measure, 60 % of the public expenditure to be                   measures to facilitate such supervision as the
provided for its execution.                                     Commission may consider appropriate, including on-
                                                                the-spot checks made at its request with the approval
4.     Community financial contributions shall be
                                                                of the Member State concerned by the latter's
made only in respect of projects programmes or
                                                                competent authorities, in which Commission officials
measures initiated after 1 January 1983.
                                                                may participate.
No contribution shall be made in respect of projects
programmes completed before the entry into force of
this Regulation.                                                Each Member State concerned shall make available to
                                                                the Commission, for a period of three years from the
 5.    The Commission's decisions referred to in                 transfer of the balance referred to in Article 5 (3), all
 paragraph 2 shall be published in the Official Journal          supporting documents or certified copies thereof
 of the European Communities.                                    relating to expenditure.
                         Article 5
                                                                 2.    "Where a project programme or measure is not
 1.    Appropriations relating to projects programmes            implemented in conformity with this Regulation or
 and measures shall be entered in the budget of the              departs substantially from decisions taken for its
 European Communities.                                           application, the Commission may suspend payments
                                                                 still due. In this case, it may also decide that sums
 2.    When the implementation of the project has                already paid or still due are to be allocated in
 already started, the advance payment shall be equal to          accordance with the procedure laid down in Article 8
 the Community share of the amount already                       to other projects programmes or measures submitted
 committed, as notified by the Member State                      under this Regulation. If, in the opinion of the
 concerned: that amount may not, however, exceed                 Commission, no other project programme or measure
 90 % of the total Community contribution; the                   is available, it shall recover the payments made.
 ---pagebreak---  No C 162/10                           Official Journal of the European Communities                                22.6.84
                          Article 7                                Committee, they shall be communicated to the
                                                                   Council as soon as possible and at the latest within
 1.   A management committee (hereinafter called
                                                                  one month. In that event, the Commission shall defer
'the Committee') is hereby established, composed of
                                                                  application of the decisions it has adopted for not
representatives of the Member States and chaired by a
                                                                  more than two months from the date of such
representative of the Commission.
                                                                  communication. The Council, acting by a qualified
2.    Within the Committee, the votes of the Member               majority, may take a different decision within two
States shall be weighted in accordance with Article               months.
 148 (2) of the Treaty. The chairman shall not vote.
                                                                                           Article 9
                          Article 8                               Each of the Member States concerned shall, in
 1.   Where the procedure laid down in this Article is            agreement with the Commission, take the necessary
to be followed, the chairman shall refer the matter to            steps to ensure that suitable publicity is given to the
the Committee either on his own initiative or at the              assistance granted under this Regulation.
request of the representative of a Member State.
                                                                                          Article 10
2.    The representative of the Commission shall
submit drafts of decisions to be taken. The                       The Commission shall twice a year report to the
Committee shall deliver its opinion on the drafts                 Council and to the European Parliament on the
within a time limit which the chairman may fix                    application of this Regulation.
according to the urgency of the questions under
consideration. An opinion shall be adopted by a                                           Article 11
qualified majority in accordance with Article 148 (2)             This Regulation shall enter into force on the day of
of the Treaty.                                                    its publication in the Official Journal of the European
                                                                   Communities,
3.    The Commission shall adopt decisions which
shall apply immediately. However, if these decisions              This Regulation shall be binding in its entirety and
are not in accordance with the opinion of the                     directly applicable in all Member States.
               Amendments to the proposal for a Council Directive amending Directive 71/118/EEC on
                                  health problems affecting trade in fresh poultrymeat (')
                                                     COM(84) 286 final
               {Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                      on 4 June 1984)
                                                       (84/C 162/05)
The proposal referred to above, which was submitted                       order the collection of a contribution towards
by the Commission to the Council on 19 March 1981,                        the cost of the said inspections and controls,
is hereby amended as follows:                                             fixed in accordance with the procedure laid
                                                                          down in paragraph 4 and payable upon the
Article 1 (2) is replaced by the following:                               slaughter of the animals specified in Article
                                                                          1 (1) or upon the importation of poultrymeat
    '2. The following Article is inserted:                                from non-member countries. This contribution
                                                                          to be borne by the person on whose account
         "Article 17                                                      the animal is slaughtered or the importation
                                                                          made.
        1.    The cost of the health inspections and
        controls provided for in this Directive shall be
                                                                          3.    The contribution shall replace all charges
        borne by the authorities of the Member States.
                                                                          payable in the Member States in connection
        2.     In order to participate in the financing of                with the health and control of fresh poultry-
        the inspections and controls referred to in                       meat, with the exception of the charges
        paragraph 1, Member States shall collect or                       provided for:
                                                                          — where slaughter or destruction is ordered
(') OJ No C 97, 29. 4. 1981, p. 12.                                           by the inspection department,