Council Regulation (EEC) No 3639/85 of 20 December 2085 on a programme of support for technological development in the hydrocarbons sector

COUNCIL  REGULATION (EEC) No 3639/85
of 19 December 1985
on a programme of support for technological development in the hydrocarbons sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the implementation of a Community energy strategy is one of the objectives which the Community has set itself and whereas it is for the Commission to propose the measures to be taken to that end; whereas the Council accordingly adopted Regulation (EEC) No 3056/73 of 9 November 1973 on the support of Community projects in the hydrocarbons sector (4);
Whereas, in view of the importance of hydrocarbons in the Community's energy supplies and the Community's dependence on imports, it is a fundamental objective of such a policy to secure conditions ensuring long-term security of supply;
Whereas encouragement for technological development activities directly connected with hydrocarbons exploration, production, storage or transportation activities is such as to improve security of supply and could therefore be a means of achieving such a policy;
Whereas primary responsibility for financing such activities lies with the petroleum industry; whereas, however, in view of the considerable risks and investments which such activities entail, provision should be made for the Community to grant them support, especially to the extent that it makes it possible to carry out certain projects more quickly;
Whereas technological development activities can be differentiated from research activities, although some phases of technological development projects may include a certain degree of research;
Whereas Community support is likely to encourage the pooling of efforts by undertakings in two or more Member States;
Whereas service undertakings and equipment-construction undertakings have played an important role in these technological development activities;
Whereas projects which are of crucial importance for the security of the Community's hydrocarbons supplies and which relate to technological development activities directly connected with exploration, production, storage or transportation activities could qualify for such support; whereas this support should be financial in character;
Whereas the specifically international character of the structure and activities of the undertakings operating in the hydrocarbons sector justifies direct transmission of project dossiers to the Commission;
Whereas an Advisory Committee made up of representatives from the Member State can assist the Commission in selecting projects to which support is to be granted;
Whereas the granting by the Community of the support envisaged must not affect the conditions of competition in a manner incompatible with the relevant provisions of the Treaty;
Whereas the Community must have at its disposal every appropriate means of assessing, case by case, the likely benefits of such projects and their compatibility with the objectives of Community energy policy;
Whereas, to this end, those benefiting should take on obligations towards the Community in return for the support which they are to be granted;
Whereas it is important that the efforts made to support technological development in the hydrocarbons sector should be sustained for a further period as a back-up to the Community's energy strategy;
Whereas the Commission has evaluated the programme which was set up and has been implemented since 1974 under Regulation (EEC) No 3056/73 in reports which it has submitted to the Council and the European Parliament on the application of that Regulation; whereas this evaluation has shown that the programme should be continued and adapted in the light of the experience gained; whereas this adaptation concerns essentialy the duration of the programme, the decision-making process, the definition of priority objectives and the procedure for implementing the programme;
Whereas the Treaty does not provide the powers necessary for this purpose, other than those of Article 235,