CELEX: 51995PC0226(01)
Language: en
Date: 1995-05-29
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION (EC) laying down a series of guidelines on trans-European energy networks

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 29.05.1995
                                      COM(95)226 final
                                      94/0009(COD)
                                      94/0010(SYN)
                     Amended proposal for a
EUROPEAN PARLIAMENT AND COUNCIL DECISION (EC)
     laying down a series of guidelines on trans-European
                       energy networks.
                     Amended proposal for a
                   COUNCIL DECISION (EC)
 laying down a series of measures aimed at creating a more
           favourable context for the development of
         trans-European networks in the energy sector.
   (presented by the Commission pursuant to Article 189 A(2)
                       of the EC Treaty)
 ---pagebreak---  ---pagebreak---                                     EXPLANATORY MEMORANDUM
Introduction
1.   In order to implement Title XII of the Treaty as regards the establishment of Trans-
     European networks, the Commission on 19.1.1994 transmitted to the Council and the
     European Parliament (COM(93)685 final); containing:
           A Proposal for a European Parliament and Council Decision laying down a series
           of guidelines on trans-European networks, and
           A Proposal for a Council Decision laying down a series of measures aimed at
           creating a more favourable context for the development of trans-European networks
           in the energy sector.
2.   The European Parliament gave its opinion on both Proposals in the plenary session of
     17.5.95, where it adopted 16 amendments on the first of these Proposals(1) and 6
     amendments on the second(2) .
Proposal on Community guidelines
3.   Of the 16 amendments made by the Parliament, the Commission accepts 5 entirely and
     7 partially. The Commission accepts amendments which do not alter the intent or
     structure of the original Proposal and which improve upon it. In some cases the
     Commission is able to accept the spirit of the amendment but feels it necessary to
     change the letter of its precise wording or its position in the text.
     The changes are summarised below, followed by a summary of those amendments which
     the Commission does not accept.
4.   EP amendment which the Commission accepts entirely or partially concern :
New Recital I (EP Amendment N° 1)
     The new Recital emphasises that energy must be produced, distributed and used in a
     rational way, that should not impede the development of renewable energies in the
     regions; this is entirely in line with Commission thinking.
Recital 5 fEP Amendment N° 3)
     Introduces need for a common energy strategy, with European Union objectives
     including the liberalization of the energy market; this is in line with current Commission
     thinking as reflected in the Green Paper on energy policy.
(i)
 ---pagebreak--- Recital 6 (EP Amendment N° 4)
     This recital emphasises the need for networks with third countries having signed the
     Treaty on the European Energy Charter to be developed in accordance with that Treaty.
     EP Amendment has been accepted with additional wording to take account of the fact
     that not all third countries in Central and Eastern Europe and in the Mediterranean basin
     have signed the Charter Treaty, a fact which should not be an obstacle to EU cooperation
     with them on network development.
Recital 7 (EP Amendment N° 5)
     The new recital emphasises the need for gas and electricity interconnecting links to be
     as short as possible and optimally sited; this is in line with the objectives of the Proposal
     as well as with the criteria to be satisfied by a project of common interest (see Recital
     10 and Article 6).
Recital 10 (EP Amendment N° 6)
     The Commission's original text is slightly modified to state specifically that, when
     considering projects of common interest, economic, social and technical factors shall be
     taken into account; this is entirely in keeping with the intention of the Proposal.
Recital 11 (EP Amendment n° 12 (in part) and n° 13
     These EP Amendments would have introduced consultation of the European Parliament
     in implementation measures proposed to the Committee and specifically on the revision
     of the list of priority energy network projects. This is not necessary, since the
     consultation of Parliament is already covered by the modus vivendi agreement. The
     addition to Recital 11 recalls that fact.
Article 3. first indent (EP Amendments N°s 7 and 9)
     The modification reflects the concern in EP Amendment 7 to encourage the rational
     production, distribution and utilisation of energy resources and the enhancement of
     renewable resources, and the concern in EP Amendment 9 for the reduction of energy
     costs to consumers and to the economy, without however making these concerns specific
     separate objectives of network development, but rather results of the effective operation
     of the internal market.
Article 3. third indent (EP Amendment N° $)
     This modification, linked to Recital 6 above, emphasises the need for networks with third
      countries having signed the Treaty on the European Energy Charter to be developed in
      accordance with that Treaty.
      Same comment as for Recital 6 above.
Article 6(4) (EP Amendment N° 10)
      This modification confirms the obligation of strict enforcement of Community law and
      international conventions on the environment when the Member States take measures to
      facilitate completion of projects of common interest and minimize delays.
 ---pagebreak--- Article 6(5) (EP Amendment N° 11)
     The modification, linked with Recital 6 and Article 3, third indent above, emphasises the
     need for Commission initiatives regarding projects of common interest situated in third
     countries, to be in accordance with the Treaty on the European Energy Charter for the
     third countries having signed that Treaty.
     Same comment as for Recital 6 and Article 3, third indent above.
5.   E.P. amendments which the Commission does not accept concern:
     E P . Amendment N° 2.
     A change to Recital 1 which would suggest that networks may (not do) contribute to
     Community objectives. This would be to question a principle which is clearly established
     by Art. 129-B of the Treaty on European Union.
     E.P. Amendment n° 12 (in part).
     Amendment which would have introduced an Advisory Committee (type I) to implement
     measures, instead of the management Committee (type II) proposed by the Commission,
     and foreseen explicitly a consultative role for EP. The reason for not accepting these
     changes is that they are not in line with the subsidiarity built into Art. 129 b,c,d of the
     Treaty, or with the Council Decision of 13 July 1987 on comitology. However, the
     modus vivendi agreement applies and already covers Parliament's request for information
     and consultation (see Recital 11).
     EP Amendment n° 14.
     Amendment to the Annex to add a new electricity project "dl4 : Baltic ring ...". This
     project includes several parts which are not yet well defined : the idea is interesting, and
     when the project has reached a later stage of preparedness it can be considered within
     the framework of the procedure for updating the list of projects of common interest,
     during which the EP will be consulted.
     E.P. Amendment n° 15.
     Amendment to the Annex to add the Italian peninsula to project e3 (gas pipeline to
     Corsica and Sardinia). This project has been postponed by the promoters and by Member
     States concerned.
     E.P. Amendment n° 16.
     Amendment to the Annex to add to project h3, for the connection of Norway, Denmark
     and Sweden by the SCANPIPE gas pipeline, a mention of Finland and the Baltic States.
     This project is not considered sufficiently advanced to warrant the modification.
                                                                        *
     Proposal on a more favourable context
6.   Of the 6 Amendments made by Parliament, the Commission accepts 4 and rejects 2, for
     the reasons set out below.
     The changes are summarized below, followed by a summary of those amendments which
     the Commission does not accept.
 ---pagebreak--- 7.   The Amendments which the Commission accepts concern.
 Recital 2 (EP Amendment N° 1)
     Introduces need for a common energy strategy, with European Union objectives
     including the liberalization of the energy market; this is in line with current Commission
     thinking as reflected in the Green Paper on energy policy.
Recital 3 (EP Amendment N° 2)
     Introduces notion that the development of energy networks will reduce energy supply
     costs and aid economic growth. This is entirely in line with the Proposal objective.
Recital 5 (EP Amendment N° 3)
     Specifies that feasibility studies shall study economic, social and technical aspects of
     projects; this is entirely in line with the principles of the Proposal.
Article 2(1) (EP Amendment N° 4)
     Adds that the Community "attaches the greatest importance to" and shall promote
     technical cooperation, etc; this is entirely acceptable.
8.   The Amendments which the Commission does not accept concern:
     E.P. Amendment n° 5.
     A proposal to give priority in the interventions of the Community funds, instruments and
     financial programmes to energy network projects which promote economic and social
     cohesion This would be to change the criteria already agreed for the existing Funds,
     instruments and financial programmes, and is not appropriate here.
     E.P. Amendment n° 6.
     Changes which would have introduced an Advisory Committee (type I) to implement
     measures, instead of the management Committee (type II) proposed by the Commission;
     and which would have introduced a consultative rôle for the European Parliament in
     implementing energy network measures. The reason for not accepting these changes is
     that they are not in line with the Council Decision of 13 July 1987 on comitology, and
     that the Plumb-Del ors commitment of 1988 concerning the informing of the European
     Parliament of implementation acts will apply.
Annex: the two amended proposals
 ---pagebreak---                                                                94/0009   (C0D
                              Amended proposal, fora                          >
                EUROPEAN PARLIAMENT AND COUNCIL DECISION
     laying down a series of guidelines on trans-European energy networks.
 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Original Proposal                        Amended Proposal
   Having regard to the Treaty establishing Having regard to the Treaty establishing
  the European Community, and in            the European Community, and in
  particular the first paragraph of Article particular the first paragraph of Article
   129d thereof,                            129d thereof,
   Having regard to the proposal from the   Having regard to the proposal from the
  Commission,                               Commission,
  Having regard to the opinion of the       Having regard to the opinion of the
  Economic and Social Committee (1),        Economic and Social Committee(1) ,
  Having regard to the opinion of the       Having regard to the opinion of the
  Committee of the Regions (2),             Committee of the Regions (2),
                                            Recital 1
                                            Whereas energy cannot be regarded
                                            as being merely another commodity
                                            and must, therefore, be produced,
                                            distributed and used as rationally as
                                            possible, in the interests of
                                            sustainable development without in
                                            any way hindering or holding back
                                            the capacity to enhance the use of
                                            renewable energy resources in the
                                            regions concerned;
in
 ---pagebreak--- Original Proposal                        Amended Proposal
                                          Recital 2
Whereas the establishment and            Whereas the establishment and
development of          trans-European   development of          trans-European
networks contribute towards attaining    networks contribute towards attaining
major objectives of the Community such   major objectives of the Community such
as completion of the internal market and as completion of the internal market and
the strengthening of economics and       the strengthening of economics and
social cohesion;                         social cohesion;
                                         Recital 3
Whereas the establishment and            Whereas the establishment and
development of trans-European energy     development of trans-European energy
networks throughout the territory of the networks throughout the territory of the
Community also have the specific         Community also have the specific
objectives of increasing the reliability objectives of increasing the reliability
and security of the Community's energy   and security of the Community's energy
supplies and of allowing balanced        supplies and of allowing balanced
operation of the internal energy market  operation of the internal energy market
within the framework of a system which   within the framework of a system which
is moving towards open and competitive   is moving towards open and competitive
markets;                                 markets;
                                         Recital 4
Whereas, in order to contribute towards  Whereas, in order to contribute towards
attaining the said objectives, the       attaining the said objectives, the
development of interconnections and of   development of interconnections and of
electricity and natural gas transmission electricity and natural gas transmission
networks in the Community must be        networks in the Community must be
accelerated, particularly in the regions accelerated, particularly in the regions
where improvements to the networks       where improvements to the networks
are necessary or in regions which are    are necessary or in regions which are
still isolated, and with non-Community   still isolated, and with non-Community
countries in Europe and in the           countries in Europe and in the
Mediterranean region;                    Mediterranean region;
                                         Recital 5
                                         Whereas, in order to complete the
                                         single market in energy, measures
                                         must be incorporated in a common
                                         energy strategy which specifies not
                                         only the main criteria and objectives
                                         of the European Community in this
                                         field but also, and in particular, the
                                         conditions for liberalisation of the
                                         market in energy products;
 ---pagebreak--- Original Proposal                      Amended Proposal
                                       Recital 6
                                       Whereas the interconnection of
                                       transmission networks for electricity
                                       and natural gas with third countries
                                       having signed the Treaty on the
                                       European Energy Charter must be
                                       carried out in accordance with that
                                       Treaty;
                                       Recital 7
                                       Whereas efforts must be made, in the
                                       planning, development              and
                                       construction of the links currently
                                       missing from the trans-European
                                       networks for the transport of energy
                                       products, to ensure that these links
                                       are as short as possible and
                                       optimally sited, taking economic
                                       factors into account;
                                       Recital 8
Whereas action by    the Community to  Whereas action by    the Community to
establish guidelines on trans-European establish guidelines on trans-European
energy networks      is necessary in   energy networks      is necessary in
accordance with      the principle of  accordance with      the principle of
subsidiarity;                          subsidiarity;
                                       Recital 9
Whereas in order to develop these      Whereas in order to develop these
networks on a Community-wide scale, it networks on a Community-wide scale, it
is necessary to identify projects of   is necessary to identify projects of
common interest and to create a more   common interest and to create a more
favourable technical, administrative,  favourable technical, administrative,
legal and financial context for        legal and financial context for
completion and operation of these      completion and operation of these
networks;                              networks;
 ---pagebreak---  Original Proposal                              Amended Proposal
                                                Recital 10
 Whereas the projects of common                 Whereas the projects of common
 interest meet the said objectives and          interest shall meet the said objectives
 priorities; whereas only those projects        and priorities; whereas only those
should be considered which display              projects should be considered which
 potential economic viability; whereas in       display potential viability, taking into
this context, the concept of viability          account economic, social               and
 includes not only the financial                technical factors; whereas, in this
 profitability of the projects but also other   context, the concept of viability includes
considerations such as the reliability and      not only the financial profitability of the
security of energy supplies, the                projects but also other considerations
strengthening of economic and social            such as the reliability and security of
cohesion and protection of the                  energy supplies, the strengthening of
environment in the Community;                   economic and social cohesion and
                                                protection of the environment in the
                                                Community;
                                                Recital 11
Whereas, for the implementation of this         Whereas, for the implementation of this
Decision, it is necessary to institute a        Decision, it is necessary to institute a
Committee,                                      Committee; whereas a modus vivendi
                                                concerning implementing measures
                                                for acts adopted according to the
                                                codecision procedure was agreed
                                                between the European Parliament,
                                                the Council and the Commission on
                                                20 December 1994;
HAVE ADOPTED THIS DECISION :
Article 1                                       Article 1
This Decision defines the nature and            Unchanged.
scope of the action by the Community
on guidelines on trans-European energy
networks. It establishes a series of
guidelines covering the objectives,
priorities and broad lines of action by
the Community on the subject of
trans-European energy networks; it
identifies the projects of common
interest on the            trans-European
electricity and natural gas networks.
                                              8
 ---pagebreak--- Original Proposal                            Amended Proposal
Article 2                                    Article 2
This decision applies to :                   Unchanged.
- in electricity networks:
  . all lines of 220 kV or more and
    submarine links, provided this
     infrastructure       is used        for
     interregional or        international
    transmission;
  . the systems for operating the
    abovementioned facilities, i.e. the
    protection, monitoring and control
    systems, as well as any equipment
    or installations indispensable for the
    system in question to operate
    properly.
- in natural gas networks:
  . high-pressure gas pipelines making
    it possible to supply regions of the
    Community from internal or external
    sources;
  . underground storage           facilities
    connected to the abovementioned
    high-pressure gas pipelines;
  . the reception, storage and
    regasification facilities for liquefied
    natural gas (LNG);
  . the systems for operating the
    abovementioned facilities, i.e. the
    protection, monitoring and control
    systems, as well as any equipment
    or installations indispensable for the
    system in question to operate
    properly.
 ---pagebreak--- Original Proposal                            Amended Proposal
Article 3                                    Article 3
The Community shall promote . the            The Community shall promote the
interconnection, interoperability and        interconnection, interoperability and
development of trans-European energy         development of trans-European energy
networks and access to such networks         networks and access to such networks
with the objective of:                       with the objective of :
- allowing effective operation of the        - allowing effective operation of the
   internal market in general and of the        internal market in general and of the
   internal energy market in particular;        internal energy market in particular,
                                                while encouraging both            the
                                                rational production, distribution
                                                and utilization of energy resources
                                                and the enhancement of renewable
                                                resources, with a view to reducing
                                                the cost of energy to consumers
                                                and rendering the           European
                                                economy more competitive;
   facilitating the development and          - facilitating the development and
   reducing the isolation of the less           reducing the isolation of the less
   favoured regions of the Community,          favoured regions of the Community,
   thereby contributing to strengthening        thereby contributing to strengthening
   economic and social cohesion;                economic and social cohesion;
                                             - strengthening the security of the
   strengthening the security of the            Community's      energy     supplies,
   Community's energy           supplies,       including closer relations with non-
   including closer      relations with         Community countries in the energy
   non-Community countries in the              field, while adhering to the Treaty
   energy field.                                on the European Energy Charter
                                               for the third countries having
                                               signed that Treaty.
                                          10
 ---pagebreak--- Original Proposal                               Amended Proposal
Article 4                                       Article 4
The priorities for the action by the            Unchanged.
Community on trans-European energy
networks shall be as follows:
1. for electricity networks:
   . the connection of isolated electricity
      networks;
   .the        development               of
      interconnections            between
      Member States and of internal
      connections insofar as necessary in
      order      to   harness        these
      interconnections;
   .the        development               of
      interconnections                with
      non-Community         countries     in
      Europe and the Mediterranean
      region which contribute to
      improving the reliability and security
      of the Community's electricity
      supply networks or to adding to
      electricity    supplies to        the
      Community.
2. for natural gas networks :
   . the introduction of natural gas to
      new regions;
   . the connection of isolated natural
      gas networks,        including the
      improvements needed to the
      existing networks for this purpose
      and the connection of the separate
      natural gas networks;
   . increasing the transmission (gas
      delivery pipeline), reception (LNG)
      and storage capacities needed to
      satisfy      the d e m a n d     and
      diversification of supply sources
      and routes for natural gas.
                                             11
 ---pagebreak--- Original Proposal                                Amended Proposal
Article 5                                        Article 5
The broad lines of action by the                 Unchanged.
Community on trans-European energy
networks shall be:
- the identification of projects of
  common interest;
- the creation of a more favourable
  technical, administrative, legal and
  financial context for development of
  the networks.
Article 6                                        Article 6
1. Any energy network project which              1. Any energy network project which
     satisfies all the following criteria may        satisfies all the following criteria may
     be of common interest:                          be of common interest:
     - it falls within the scope of Article          - it falls within the scope of Article 2;
        2;
     - it corresponds to the objectives              - it corresponds to the objectives
        and priorities set out in Articles 3            and priorities set out in Articles 3
        and 4 respectively;                             and 4 respectively;
     - it responds to a need and displays            - it responds to a need and displays
        potential economic viability to be              potential economic viability to be
        confirmed.                                      confirmed.
2. The projects of common interest are           2. The projects of common interest are
    those listed in the Annex.                       those listed in the Annex .
3. Any application by a Member State             3. Any application by a Member State
    or the Commission for amending the               or the Commission for amending the
     list of projects of common interest             list of projects of common interest
    set out in the Annex shall be                    set out in the Annex shall be
    decided in accordance with the                   decided in accordance with the
    procedure specified in Article 7. The            procedure specified in Article 7. The
    criteria set out in paragraph 1                  criteria set out in paragraph          1
    above shall apply in deciding the                above shall apply in deciding the
    application. A project may not be                application. A project may not be
     included in the list unless each                included in the list unless each
     Member State to whose territory the             Member State to whose territory the
     project relates has approved its                project relates has approved its
     inclusion.                                      inclusion.
                                              12
 ---pagebreak--- Original Proposal                             Amended Proposal
4. The Member States shall take all             Member States shall take all relevant
    relevant measures at national,              measures at national, regional and
    regional and local level to facilitate      local level to facilitate completion of
    completion of projects of common            projects of common interest and
    interest. In particular the national        minimize delays in the strict
    authorisation procedures shall be           enforcement of Community law
    completed as rapidly as possible.           and international conventions on
                                                the environment. In particular the
                                                national authorisation procedures
                                                shall be completed as rapidly as
                                                possible.
5. Where parts of projects of common            Where parts of projects Of common
    interest are situated on the territory      interest are situated on the territory
    of third countries, the Commission is       of third countries, the Commission is
    to put forward adequate proposals,          to put forward adequate proposals,
   where appropriate, within the                where appropriate, within the
   framework of the management of               framework of the management of the
    the agreements between the                  agreements between the Community
    Community        and those third            and those third countries, and in
    countries, for the projects also to be      accordance with the Treaty on
    recognised as of common interest            the European Energy Charter for
    reciprocally by the third countries         the third countries having signed
    concerned.                                  that Treaty for the project also to
                                                be recognised as of common interest
                                                reciprocally by the third countries
                                                concerned.
                                                The evaluation of economic viability
    The evaluation of economic viability        referred to in the thrid indent of
    referred to in the third indent of          paragraph 1 shall be based upon an
    paragraph 1 shall be based upon an          overall cost-benefit analysis, which
    overall cost-benefit analysis, which        shall take account of all benefits
    shall take account of all benefits          such as environmental aspects,
    such as environmental aspects,              security of supply           and the
    security of supply and the                  contribution to economic and social
    contribution to economic and social         cohesion.
    cohesion.
                                           13
 ---pagebreak--- Original Proposal                                Amended Proposal
Article 7                                        Article 7
1. A Committee composed of the                    Unchanged.
     representatives                of    the
     Member States and chaired by the
     representative of the Commission is
     hereby instituted.
    Any application for amendement of
    the list of projects of common
    interest made by the Commission or
    a Member State shall be submitted
    by the Commission to this
    Committee in accordance with the
    procedure laid down in paragraph 2.
2. The r e p r e s e n t a t i v e    of   the
    Commission shall submit to the
    Committee a draft of the measures
    to be taken. The Committee shall
    deliver its opinion on the draft within
    a time limit which the Chairman may
    lay down according to the urgency of
    the matter. The opinion shall be
    delivered by the majority laid down in
    Article 148(2) of the Treaty in the
    case of decisions which the Council
    is required to adopt on a proposal
    from the Commission. The votes of
    the representatives               of the
    Member States within the Committee
    shall be weighted in the manner set
    out in that Article. The Chairman
    shall not vote.
  The Commission                shall adopt
  measures which                shall    apply
  immediately.        However, if these
  measures are not in accordance with
  the opinion of the Committee, they
  shall be communicated by the
  Commission to the Council forthwith.
  In that event, the Commission may
  defer application of the measures
  which it has decided for a period of
  not more than one month from the
  date of such communication.
                                               14
 ---pagebreak---  Original Proposal                            Amended Proposal
   The Council, acting by a qualified
   majority, may take a different Decision
   within the time limit referred to in the
   previous paragraph.
 Article 8                                    Article 8
 Every two years the Commission shall         Unchanged.
 submit a report on implementation of
 this Decision to the            European
 Parliament, the Council, the Economic
 and Social Committee and the
 Committee of the Regions.
 Article 9                                    Article 9
 This Decision shall enter into force on      Unchanged.
 the third day following its publication in
 the Official Journal of the European
 Communities.
 Article 10                                   Article 10
                                              Unchanged.
 This Decision is addressed to the
 Member States.
Done at Brussels,
For the European Parliament
The President
For the Council
The President
                                            15
 ---pagebreak--- Original Proposal                          Amended Proposal
ANNEX                                      ANNEX
TRANS-EUROPEANS ENERGY                     Unchanged.
NETWORKS
List of projects of common interest.
                                     * * *
                                      16
 ---pagebreak---                                Amended Proposal for a   94/0010 (SYN)
                                 COUNCIL DECISION
 laying down a series of actions aimed at creating a more favourable context
      for the development of trans-European networks in the energy sector
THE COUNCIL OF THE EUROPEAN UNION,
  Original proposal                         Amended proposal
  Having regard to the Treaty               Unchanged.
  establishing the European Community
  and in particular the third paragraph
  Article 129 d thereof,
  Having regard to the proposal from the
  Commission,
  In cooperation with the European
  Parliament/^
  Having regard to the opinion of the
  Economic and Social Committee/2*
  Having regard to the opinion of the
  Committee of the Regions,(3)
tu
(2)
                                         17
 ---pagebreak--- Original proposal                         Amended proposal
                                          Recital 1
Whereas the creation of a more            Whereas the creation of a more
favourable context at the technical,      favourable context at the technical,
administrative, legal and financial       administrative, legal and financial
levels for the development of trans-      levels for the development of trans-
European energy networks is part of       European energy networks is part of
the lines of action within the meaning    the lines of action within the meaning
of Article 129c (1) of the Treaty and     of Article 129c (1) of the Treaty and
provided for in European Parliament       provided for in European Parliament
and Council Decision ... of.... laying    and Council Decision .... laying down
down a series of guidelines on trans-     a series of guidelines on trans-
European energy networks;                 European energy networks;
                                          Recital 2
                                          Whereas, in order to complete the
                                          single market in energy, measures
                                          must be incorporated in a common
                                          energy strategy which specifies not
                                          only the main criteria and objectives
                                          of the European Community in this
                                          field but also, and in particular, the
                                          conditions for liberalisation of the
                                          market in energy products.
                                       18
 ---pagebreak--- Original proposal    Amended proposal
                     Recital 3
                     Whereas the construction and
                     development of trans-European
                     networks in the energy sector will
                     help to reduce energy supply costs
                     and thus contribute to a higher rate
                     of economic growth and more
                     employment and enhance the
                     competitiveness of the European
                     economy;
                  19
 ---pagebreak--- Original proposal                          Amended proposal
                                           Recital 4
Whereas the creation of a more             Whereas the creation of a more
favourable context at the technical,       favourable context at the technical,
administrative and legal levels must be    administrative and legal levels must be
aimed mainly at providing a stimulus       aimed mainly at providing a stimulus
for technical cooperation between the      for technical cooperation between the
operators of the networks, at              operators of the networks, at
simplifying and speeding up the            simplifying and speeding up the
existing authorization procedures for      existing authorization procedures for
projects on the networks in the            projects on the networks in the
Member States in order to reduce           Member States in order to reduce
delays and at seeking a common             delays and at seeking a common
approach for technical aspects             approach for technical aspects
applicable to these projects;              applicable to these projects;
                                           Recital 5
Whereas, in order to speed up              Whereas, in order to speed up
completion of projects of common           completion of projects of common
interest identified by Decision ...        interest identified by Decision ...
[guidelines on trans-European energy       [guidelines on trans-European energy
networks], it is necessary to provide      networks], it is necessary to provide
the Community with the possibility to      the Community with the possibility of
support, from the financial resources      supporting, from the financial
allocated specifically to                  resources allocated specifically to
trans-European networks, the financial     trans-European networks, the financial
efforts made by the Member States in       efforts made by the Member States in
favour of such projects, particularly in   favour of such projects, particularly in
the form of aid for feasibility studies    the form of aid for economic, social
 and, where appropriate, loan              and technical feasibility studies, and
 guarantees or interest-rate subsidies;    where appropriate, loan guarantees or
                                            interest-rate subsidies;
                                         20
 ---pagebreak--- Original proposal                         Amended proposal
                                          Recital 6
Whereas the other financial               Whereas the other financial
instruments at the disposal of the        instruments at the disposal of the
Community, such as the structural         Community, such as the structural
Funds, the European Investment Fund       Funds, the European Investment Fund
and the support from the European         and the support from the European
Investment Bank and programmes in         Investment Bank and programmes in
favour of third countries could make a    favour of third countries could make a
contribution, in some cases decisive,     contribution, in some cases decisive,
to the realization of projects of         to the realization of projects of
common interest identified by Decision    common interest identified by Decision
... [guidelines on trans-European         ... [guidelines on trans-European
energy networks],                         energy networks],
HAS ADOPTED THIS DECISION
Article 1                                 Article 1
This Decision lays down the action to     Unchanged
be taken with a view to creating a
more favourable technical,
administrative, legal and financial
context for completion of the projects
of common interest in connection with
trans-European energy networks and
for operation of these networks on a
Community-wide scale.
                                       21
 ---pagebreak--- Original proposal                              Amended proposal
Article 2                                      Article 2
1. In order to contribute to creating a        1. In order to contribute to creating a
    more favourable technical, adminis-              more favourabletechnical, admi-
    trative and legal context for the                nistrative and legal context for the
    development of trans-European                    development of trans-European
    networks, the Community shall                    networks, the Community
    promote :                                        attaches the greatest
                                                     importance to and shall
                                                     promote :
   -    technical co-operation projects            -   technical co-operation projects
        between the operators                          between the operators
        responsible for management,                    responsible for management,
        monitoring and control of the                  monitoring and control of the
        trans-European networks;                       trans-European networks;
   - co-operation between Member                   - co-operation between Member
        States with a view to simplifying              States with a view to simplifying
        and speeding up authorization                  and speeding up authorization
        procedures for projects on                     procedures for projects on
        trans-European energy                          trans-European energy
        networks in order to reduce                    networks in order to reduce
        delays;                                        delays;
   - the definition of a common                    - the definition of a common
        approach for technical aspects                 approach for technical aspects
        applicable to trans-European                   applicable to trans-European
        energy networks.                               energy networks.
    The Commission shall, in close             2. The Commission shall, in close
    collaboration with the Member                   collaboration with the Member
    States, take all useful initiatives for         States, take all useful initiatives for
    promoting the coordination of the               promoting the coordination of the
    activities referred to in paragraph 1.          activities referred to in
                                                    paragraph 1.
                                            22
 ---pagebreak---    Original proposal                            Amended proposal
  Article 3                                     Article 3
   In order to contribute to creating a         Unchanged.
  more favourable financial context for
  trans-European energy networks, the
  Community:
   1. May, within the framework of its
       specific action on trans-European
       energy networks, provide financial
       support for projects of common
       interest financed by Member
       States:
       - for feasibility studies on projects
          of common interest identified by
          Decision ... [guidelines on trans-
          European network] and for the
          implementation stage of these
          projects, in the form of interest-
          rate subsidies or loan
         guarantees;
       - for studies and projects aimed at
          improving technical cooperation
         on the operation of trans-
          European networks referred to in
         the first indent of point 1 of
         Article 2.
     The financial support measures
     taken as part of the specific action
     on trans-European energy networks
     shall be adopted by the Commission
     in accordance with the procedure
     provided for by Article 4(2) and in
     accordance with the provisions of
     Council Regulation [defining general
     rules for the financing of trans-
     European networks](4)
(4)
        OJ N.L
                                             23
 ---pagebreak--- Original proposal                          Amended proposal
2. Shall take account of the projects of
   common interest identified in
   Decision [guidelines on trans-
   European energy networks] in
   interventions by its Funds,
   instruments and financial
   programmes applicable to these
   networks, within the terms of their
   own rules and finalities.
                                         24
 ---pagebreak--- Original proposal                            Amended proposal
Article 4                                    Article 4
1. In the implementation of the actions      Unchanged.
    referred to in Article 2 above, the
    Commission shall be assisted by
    the Committee established by
   Article 7(1) of Decision
   /.../[guidelines on trans-European
    energy networks].
   The representative of the
    Commission shall submit to the
    Committee a draft of the measures
   to be taken. The Committee shall
   deliver its opinion on the draft,
   within a time limit which the
    Chairman may lay down according
   to the urgency of the matter, if
    necessary by taking a vote.
   The opinion shall be recorded in the
    minutes; in addition, each
    Member State shall have the right
   to ask to have its position recorded
    in the minutes.
   The Commission shall take the
   utmost account of the opinion
   delivered by the Committee. It
   shall inform the Committee of the
   manner in which its opinion has
   been taken into account.
2. In the implementation of the actions
   referred to in Article 3(1) above, the
   Commission shall be assisted by
   the Committee established by
   Article 7 (1) of Decision I...IE
   [guidelines on trans-European
   energy networks], in accordance
   with the procedure laid down in
   Article 7 (2) of that Decision.
                                          25
 ---pagebreak---  Original proposal                           Amended proposal
 Article 5                                   Article 5
 The amounts to be granted pursuant to       Unchanged,
 this Decision shall be entered annually
 in the general budget of the European
 Communities. They shall cover the
 financial support referred to in point 1
 of Article 3.
 Article 6                                   Article 6
 Every two years the Commission shall        Unchanged.
 submit a report on implementation of
 this Decision to the European
 Parliament, the Council and the
 Economic and Social Committee and
 the Committee of the Regions.
 Article 7                                   Article 7
 This Decision is addressed to the           Unchanged.
 Member States.
Done at Brussels,
For the Council
The President
                                          26
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(95) 226 final
                                              DOCUMENTS
EN                                                                             12
                                     Catalogue number : CB-CO-95-251-EN-C
                                                              ISBN 92-77-89385-0
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