CELEX: 51989PC0335
Language: en
Date: 1989-09-15
Title: DRAFT COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1056/72 ON NOTIFYING THE COMMISSION OF INVESTMENT PROJECTS OF INTEREST TO THE COMMUNITY IN THE PETROLEUM, NATURAL GAS AND ELECTRICITY SECTORS

3. 10. 89                           Official Journal of the European Communities                                 No C 250/5
                                                             II
                                                      (Preparatory Acts)
                                               COMMISSION
              Draft Council Regulation (EEC) amending Regulation (EEC) No 1056/72 on notifying the
              Commission of investment projects of interest to the Community in the petroleum, natural gas
                                                   and electricity sectors
                                                    COM(89) 335 final
                                     (Submitted by the Commission on 20 July 1989)
                                                       (89/C 250/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the completion of the internal energy market
                                                                  requires that future investments should contribute to the
Having regard to the Treaty establishing the European             optimum allocation of available resources in a
Economic Community, and in particular Article 213                 Community context and so benefit consumers in the
thereof,                                                          Community;
                                                                  Whereas the Commission must be able to inform the
Having regard to the Commission's draft,                          other Member States concerned of any investment
                                                                  project which may be of Community interest, in order to
Having regard      to   the  opinion   of  the   European         permit the coordination necessary to ensure that this
Parliament,                                                       investment will be consistent with the internal energy
                                                                  market;
Having regard to the opinion of the Economic and                  Whereas to that end the Commission should be informed
Social Committee,                                                 of such projects at the feasibility study stage;
Whereas the creation of an internal energy market forms           Whereas consequently Council Regulation (EEC)
an integral part of the objectives of completing the              No 1056/72 ('), as amended by Regulation (EEC)
internal market as defined by the Single European Act,            No 1215/76 (2), must be amended to allow these
which entered into force on 1 July 1987;                          objectives to be attained,
Whereas the Commission's report on the internal energy            HAS ADOPTED THIS REGULATION:
market, published on 2 May 1988, was approved by the
Council on 8 November 1988;
                                                                                             Article 1
Whereas on 8 November 1988, the Council also stated               Regulation (EEC) N o 1056/72 is hereby amended as
                                                                  follows:
that the creation of an internal energy market should:
                                                                  1. Article 1 (1) and (2) are replaced by the following:
— 'be an important factor in the Community's security
    of energy supplies',                                              '1.    Member States shall immediately communicate
                                                                      to the Commission the information they have
— 'pave the way for increased trade in energy between                 obtained on the basis of the provisions of paragraph 2
    Member States',                                                   concerning investment projects listed in the Annex
                                                                      which relate to the production, transport, storage or
— 'enhance solidarity between the Member States',                     distribution of petroleum, natural gas or electricity.
                                                                      Member States shall add their comments to their
                                                                      notifications, in particular as regards the national and
and that 'the internal energy market also depends on the              Community interest they see in the investment
development of efficient energy and infrastructures';                 planned.
Whereas obtaining an overall picture of the planned
development of investments in the Community will                  (*) OJ No L 120, 25. 5. 1972, p. 7.
facilitate the coordination necessary in this sector;             O OJ No L 140, 28. 5. 1976, p. 1.
 ---pagebreak--- No C 250/6                             Official Journal of the European Communities                                3. 10. 89
   2. In order to fulfil the obligation laid down in                gathered pursuant to this Regulation and assessing the
   paragraph 1, the persons and undertakings concerned              Community interest of the projects notified, in
   shall, as soon as the feasibility study phase of the             particular their implications for supply and demand in
   projects has been completed, communicate details of              the internal energy market.
   the investment projects referred to in paragraph 1 to
   the Member State in whose territory they are                     Article 4
   planning to carry them out.'
                                                                     1. The information supplied pursuant to this
2. In Article 2 (1), 'With regard to investment projects            Regulation shall be confidential.
   planned or in progress' is deleted.                              2. Persons engaged in preparing the information
                                                                    covered by this Regulation or receiving it, may not
3. A new Article 2a is inserted as follows:                         divulge the specific data or any other specific
    'Article 2a                                                     information which came to their knowledge in the
                                                                    performance of or in connection with their official
   Upon receiving the notification referred to in Article           duties.
   1, the Commission shall inform the other Member
   States and invite them to submit, within one month,              3. The confidential nature of the information
   any comments they may have on the Community                      notified pursuant to this Regulation shall not preclude
   dimension of the project, and, in particular, on the             the publication of general or of summaries presented
   existence of possible alternatives to the planned                in such a way that information relating to persons or
   investment or of proposals for such alternatives.'               undertakings cannot be individually identified.'
4. Articles 3 and 4 are replaced by the following:                                         Article 2
    'Article 3                                                   This Regulation shall enter into force on 1 January 1990.
   Every year the Commission shall present to the                This Regulation shall be binding in its entirety and
   Council a report summarizing the information                  directly applicable in all Member States.