Commission Decision of 14 October 2011 on setting up the National Coal Experts Group (NCE)

15.10.2011 EN Official Journal of the European Union C 304/3
COMMISSION DECISION
of 14 October 2011
on setting up the National Coal Experts Group (NCE)
2011/C 304/03
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union (TFEU),
Whereas:
(1) Article 194 of the TFEU provides that Union policy on energy shall aim, in a spirit of solidarity between Member States, to ensure the functioning of the energy market and security of energy supply in the Union.
(2) The Commission Communication of 10 November 2010‘Energy Strategy 2020. A strategy for competitive, sustainable and secure energy’ (1), while expressing that Member States still need to phase out environmentally harmful subsidies, recognises the potential for further development of EU indigenous fossil fuel resources with a view to ensure that European business and consumers obtain safe, secure and sustainable energy at competitive prices.
(3) Council Decision 2010/787/EU stipulates the phase-out of subsidies for the production of coal from uncompetitive mines by 31 December 2018.
(4) Given the share of coal in European energy supplies, it is appropriate for the Commission to set up an expert group to assist the Commission in monitoring coal markets as well as to allow a constant exchange of information between Member States and the EU.
(5) On the basis of Article 8 of Council Regulation (EC) No 405/2003 of 27 February 2003 concerning Community monitoring of imports of hard coal originating in third countries (2), a group of experts on coal — the National Coal Experts (NCE) — has met regularly from 2003 until 2010.
(6) Regulation (EC) No 405/2003 expired on 31 December 2010 without replacement.
(7) In a spirit of prolonging a good cooperation within the NCE established for the purposes of Regulation (EC) No 405/2003, a new expert group in the field of coal shall be named after it.
(8) The NCE should continue to facilitate cooperation and consultation between Member States' authorities responsible for coal-related energy policy issues and the Commission on all aspects of the coal value chain while not duplicating the work of other, specific consultative groups organised by the Commission.
(9) The NCE should furthermore facilitate, in connection with the broader stakeholder dialogue on energy matters, the exchange of good practices in the area of coal production and use without duplicating the work of already existing expert and other groups, including those established by legislative acts, and while fully respecting the rules on competition and State aid laid down in Articles 101 to 109 of the TFEU, as well as Council Decision 2010/787/EU.
(10) The NCE should be composed of Member States' authorities responsible for coal-related energy policy issues. These authorities shall nominate their representatives.
(11) Especially with respect to the exchange of good practices and in order to involve relevant technical and regulatory authorities of the Member States where appropriate, experts from outside the NCE including representatives from such authorities may participate in meetings of the NCE on an ad hoc basis.
(12) Rules on disclosure of information by members of the NCE and their representatives should be laid down.
(13) Personal data relating to members of the NCE should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),