CELEX: 51982PC0727
Language: en
Date: 1982-11-11
Title: Proposal for a COUNCIL REGULATION (EEC) instituting a special energy development programme (submitted to the Council by the Commission)

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COM (82) 727
Vol. 1982/0225
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     , COM(82)727 final
                                                 « ,
                                                                 JjjTWqyember 1982
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                                                        V.
                                   Proposal for a              ,
                            COUNCIL REGULATION ( EEC ? .
             instituting a special energy development programme­
                                   \                        N
                 ( submitted to' the Council by the Commission )
  C0M(82 ) 727 final
 ---pagebreak---                       Explanatory Memorandum
                                         τ
1 , Despite an improvement in the diversification of the provision
    of energy in the Community and an easing of the situation with
    regard to oil prices , the Community 's authorities are continually
    concerned not to relax efforts to reduce the Community 's dependance
    on oi I imports .
2 . The Commission considers that it will be in the Community 's interest
    to contribute towards improving the structure of energy consumption
    by taking action in the fields of research and the diversification
    of energy ressources , as well as with regard to the more rational use
    of energy in the Member States where energy consumption is high ,
    especially in the Federal Republic of Germany .
                                                            *
3 . The proposed regulation envisages the establishing of a special energy
    development programme within which the Community could parti cipate in
    the financing of particular measures and projects to improve the situation .
 ---pagebreak---                                                    Doc . XVI / 306 / rev . 2-EN
                                                   Orig .: FR
                               Proposal for a
                         COUNCIL REGULATION CEEC )
               instituting a special energy development programme
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 235 thereof ,
                                                     1)
Having regard to the proposal from the Commission       ,
                                                             2)
Having regard to the opinion of the European Parliament         ,
Having regard to the opinion of the Court of Auditors      ,
Whereas the energy situation in the Community is still precarious and energy
consumption is at a high level in certain Member States , in particular in
the Federal Republic- of Germany ;
Whereas it is necessary that the Community m.ake a financial contribution to
a special programme designed to improve the structure of energy consumption ;
Whereas such improvement may be obtained by action^in the field of research ,
energy diversification and energy efficiency in the Member States with high
levels of energy consumption , in particular the Federal Republic of Germany ;
whereas the Treaty does not provide the necessary powers to th-is end ,
HAS ADOPTED THIS REGULATION :
                           • Arti cle 1
A special energy development programme is hereby established , to which the Community
shall make a contribution in the Federal Republic of Germany .
                                                                                ./.
( 1 ) OJ No C ...,        19S2 , p.
( 2 ) OJ No C ...,        1982 , p.
( 3 ) OJ No C             1982 , p.
 ---pagebreak---                                   - 2 -
                                 Article 2
1 . The special programme referred to in Article 1 shall be implemented by
means of financial assistance for the implementation of projects and measures
associated with Community policy in the fields of research , the development
and demonstration of energy technologies and energy Efficiency .
2 . The projects and measures shall be submitted to the Commission together
with all the information necessary in order to assess whether they serve the
objectives of the Community policy with which they are associated and comply
with the eligibility criteria laid down in Article 3.
3 « The Commission may request any additional information necessary for „
examination of the said projects and measures .
                               Arti cle 3
The projects or measures shall be eligible for a financial
contribution by the Community provided that they are financed by public
authorities and. fulfil the following criteria :   •
    a ) they must serve the objectives of the .Community 's energy policy ;
    b ) they must not be incompatible with other Community policies ;
    c ) they must not give rise to distortions of competition , '
            ι
                               Arti ele 4
1 , Under this Regulation , the Commission shall examine the measures and
projects submitted to it by the Federal Republic of Germany and shall refer
them for information to the Committee referred to in Article 7 ,
2 . In accordance with the procedure laid down .in Article 8 , the Commission
shall decide on :
    a ) the projects and measures meriting Community assistance in the
        light of the criteria laid down in Article 3;'
    b ) the amount of the Community 's financial contribution within the
        limits of the appropriations available .
 ---pagebreak---                                    - 3 -
 3 . The Community 's financial contribution , the total amount of which is hereby
 fixed at 210 million ECU , may not exeed 70% of       annual public expenditure
 for each project or measure for its execution ,
 4 . The Commission decisions referred to in paragraph 2 shall be published
 in the Official Journal of the European Communities .
                                Article 5
 1 . The appropriations relating to the special measures shall be entered
 in the 1982 budget ,
2 . As soon as the decision referred to in Article 4(2 ) has been taken ,
the Commission shall make a payment of 90% of the amount of the Community
 contribution decided on in the light of the appropriations available .
3 . The payment of the 10% balance shall be effected immediately after the
exhaustion of the payment referred to in paragraph 2 , as certified by the
Government of the Federal Republic of Germany , and at the latest before the
end of 1983 , provided that implementation of the project or^measure proceeds
as planned .
                                Article 6
1 . The Commission shall       ensure     that each project or measure is implemented
in accordance with the provisions of this Regulation , with those adopted in
implementation thereof and with those of the Regulations adopted pursuant to
Article 209 of the Treaty . To this end , the Federal Republic of Germany shall
make available to the Commission all information requested and shall take
all steps with regard to Community-assisted projects and measures to facilitate
such supervision as the Commission may consider appropriate , including on-the - spot
checks made at its request     with the approval of the Federal Republic of
Germany    by the competent authorities in the Federal Republic of Germany , in
which Commission officials may participate . The Federal Republic of Germany
shall make available to the Commission , for a period of three years after
transfer of the balance referred to in Article 5(3 ), all supporting documents
or certified copies thereof relating to expenditure .
                                                                          /.
 ---pagebreak---                                       - L -
 2 . Where a project or measure is not implemented in conformity with this
 Regulation or departs substantially from decisions taken in implementation
 thereof , the Commission may suspend payments still due. In this case, the
 Commission may decide that sums already paid or still due are to be allocated,
 in accordance with the procedure laid down in Article 8 , to other projects or
measures submitted under this Regulation* If , in the opinion of the Commission,
 no other project or measure is available, it shall recover the payments made
to the Federal    Republic of Germany .
                                  Article 7
1 . A Committee is hereby established, composed of representatives of the Member
States and chaired by a representative of the Commission .
2 . Within the Committee the votes of the Member States shall be weighted in
accordance with Article 148(2 ) of the Treaty . The Chairman shall not vote .
                                  Arti ele 8
1 . 'Where the procedure laid down in this Article is to be followed , the Chairman
shall refer the matter to the Committee either on his own initiative or at the
request of the representative of a Member State .   >
2 . The representative of the Commission shall submit drafts of decisions to be
taken . The Committee shall deliver its opinion on the drafts within a time limit
which the Chairman may fix according to the urgency of the questions under
consideration . An opinion shall be adopted by    qualified majority in accordance
with Article 148(2 ) of the Treaty .
3 . The Commission shall adopt decisions which shall apply immediately .
However , if these decisions are not in accordance with the opinion of the
Committee , they shall be communicated to the Council as soon as possible and at
the latest within one month . In that event , the Commission shall defer application
of the decisions which it has adopted for not more than two months from the date
of such communication . The Council , acting by a qualified majority , may take
a different decision within two months .
 ---pagebreak---                                   Article 9
The Federal Republic of Germany, in agreement with the Commission , shall
take the necessary steps to ensure that suitable publicity is given to
the assistance granted under this Regulation .
                                  Article 10
The Commission shall report to the Council and to the European Parliament
on the implementation of this Regulation .
                                  Article 11
This Regulation shall enter into force on the day of 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             ., . . . 1982
                                                v           ,
                                                  For the Council
                                                   The President