CELEX: 51995PC0369
Language: en
Date: 1995-09-20
Title: Proposal for a Council Directive to introduce rational planning techniques in the electricity and gas distribution sectors

Avis juridique important

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51995PC0369

Proposal for a Council Directive to introduce rational planning techniques in the electricity and gas distribution sectors  /* COM/95/0369 FINAL - SYN 95/0208 */  

Official Journal C 001 , 04/01/1996 P. 0006

Proposal  for a Council Directive to introduce rational planning techniques in the electricity and gas  distribution sectors(96/C  1/05)COM(95) 369 final - 95/0208(SYN)(Submitted by the  Commission on 14 November 1995)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s (1)  thereof, Having regard to a proposal from the Commission, Acting in accordance with the procedure referred to in Article 189c in cooperation with the  European Parliament, Having regard to the opinion of the Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Whereas the Council of Environment and Energy Ministers, at their meeting on 29 October 1990, set  an objective of the stabilization of total CO2 emissions by the year 2000 at the 1990 level in the  Community as a whole; Whereas Article 130r of the Treaty stipulates that one objective of the action of the Community  relating to the environment shall be to ensure a prudent and rational utilization of natural  resources; whereas the power generation industry is responsible for 30  % and the natural gas  sector for 18  % of the CO2 emissions in the Community  (1); Whereas by Council Decision 93/389/EEC  (2) a monitoring mechanism for CO2 emissions and other  greenhouse gases was adopted; Whereas, given the transnational nature of CO2 emissions, the introduction of rational planning  techniques in the gas and electricity distribution sectors cannot be satisfactorily implemented at  the level of Member States; and whereas, in pursuance of the principle of subsidiarity as set out  in Article 3b of the Treaty, what is proposed by the adoption of the present Directive is the  establishment of common measures to be applied by all Member States, while leaving to each Member  State the flexibility to adapt them to the peculiarities of its energy sector; Whereas in its resolution of 15 January 1985 on the improvement of energy saving programmes in the  Member States  (3), the Council invited the latter to pursue and where necessary increase their  efforts to promote the more rational use of energy by the further development of integrated energy  saving policies; Whereas in its resolution of 16 September 1986  (4), the Council adopted for the Community the  objective of achieving a more rational use of energy through improved energy efficiency and that  the efficiency of final demand should be improved by at least 20  % by 1995; Whereas improved energy efficiency will have a positive impact both on the security of energy  supplies and on the environment which are global in nature; whereas, therefore, a high level of  international cooperation is desirable to produce the most positive results; Whereas the relationship between the electricity and gas distribution companies and the final  consumer provides an opportunity for the companies to influence consumers' decision on investment  in energy-efficient projects; Whereas all classes of electricity and gas consumers, including residential consumers, will benefit  directly from a more rational planning by the distribution utilities; Whereas by Council Decision 89/364/EEC  (1) a Community action programme for improving the  efficiency of electricity use was adopted; Whereas by Council Decision 91/565/EEC  (2) a Community energy efficiency programme (SAVE), aimed  at strengthening energy-efficient infrastructures within the Community, was adopted; Whereas by Decision No 1110/94/EC  (3) the European Parliament and the Council established a fourth  framework programme for actions in technological research, development and demonstration; whereas  integrated resource planning constitutes an important instrument for the use and promotion of new  energy technologies that the framework programme will establish, HAS ADOPTED THIS DIRECTIVE: Article 1 The purpose of this Directive shall be to contribute to the Community  objective of stabilizing carbon dioxide emissions by the year 2000 at the 1990 level in the  Community as a whole, while at the same time improving the competitiveness of the Community economy  by improving end-use efficiency in the electricity and gas distribution sectors through the  introduction of more rational planning techniques. These techniques (hereinafter referred to as  integrated resource planning) shall evaluate investment opportunities in energy supply and energy  demand reduction on a single economic basis. Article 2 Member States shall take the following steps to promote, through a framework of  measures, the use of integrated resource planning as a tool for a more rational approach by  electricity and gas distribution companies to the problem of meeting future energy demand: (a) they shall establish procedures whereby electricity and gas distribution companies shall  periodically present integrated resource plans to the competent authorities to be determined by the  Member States. The integrated resource plan shall evaluate all energy-resource alternatives  (including demand side management) on a single economic basis; (b) they shall examine whether the economic energy efficiency measures identified by the integrated  resource plan are being undertaken; (c) they shall review existing legislation in this area to ensure that mechanisms are established  which permit electricity and gas distribution companies to recover expenditure on energy-efficient  programmes offered to consumers. Such mechanisms should ensure that distribution companies which  undertake demand-side management programmes are not net revenue losers; (d) they shall encourage electricity and gas distribution companies to: - set up comprehensive information programmes aimed at informing consumers on rational energy  efficiency choices, - provide, where necessary, incentives to consumers to carry out energy efficiency investments; - set up demand-side management programmes targeted at low income energy consumers who spend a  disproportionate amount of their disposable income on energy, - invest in energy efficiency through the creation of subsidiaries offering third party financing  facilities to consumers, or support the efforts of existing third party financing companies, (e) they shall promote the integration of options regarding demand side management into capacity  tendering procedures in the distribution sector, where such procedures exist. Article 3 Member States shall cooperate with the Commission in carrying out reviews, every two  years for eight years commencing in 1997, of the results of the measures taken on the basis of this  Directive. Article 4 1.  Member States shall bring into force the provisions necessary to comply with this  Directive not later than 1 January 1997. They shall immediately inform the Commission of these  measures. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference be adopted by Member States. 2.  Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 5 This Directive shall enter into force on the twentieth day following that of its  publication in the Official Journal of the European Communities. Article 6 This Directive is addressed to the Member States. (1) 'A View to the Future`, Commission of the European Communities, September  1992.  (2) OJ No L 167, 9. 7. 1993, p. 31.  (3) OJ No C 20, 22. 1. 1985, p. 1.  (4) OJ No C 241, 25. 9. 1986, p. 1.  (1) OJ No L 157, 9. 6. 1989, p. 32.  (2) OJ No L 307, 8. 11. 1991, p. 34.  (3) OJ No L 126, 18. 5. 1994, p. 1.