Article 1 
A programme of cooperation with non-member States in the field of formulation, elaboration and implementation in fields of mutual benefits of energy policy, hereinafter called 'Synergy`, shall be implemented by the Community. Article 2 Synergy shall be addressed to all States which are not members of the Community and first and foremost those countries and regions included in the priorities of the Community's external relations in terms of its political, security of energy and economic interests. Article 3 1. Synergy shall be implemented from 1 January 1997 to 31 December 1997. 2. The financial reference amount for the implementation of this programme shall be ECU 7 million. The appropriation shall be authorized by the budgetary authority within the limits of the financial perspectives. 3. The Commission shall present before the end of 1997 a communication on all the Community programmes which have an energy component and, where appropriate, a proposal aiming at the improvement of transparency and coordination of elements placed in separate programmes as well as a possible presentation of a framework energy programme. Article 4 1. The programme referred to in Article 1 shall take the form of cooperation for the definition, formulation and implementation of energy policy for non-member States in areas of mutual interest. 2. The programme shall help achieve the Community's main energy objectives as described in the White Paper 'An energy policy for the European Union`. To the same end, the Community may also maintain relations with international energy organizations. These measures shall be taken in accordance with the rules set out in Article 6. No funding may be granted to research, development and demonstration projects. 3. In order to achieve these objectives, the Community shall contribute, in particular, to the financing of activities concerning: - energy policy advice and training, - energy analyses and forecasting, - the organization of conferences and seminars, - support to regional transboundary cooperation. 4. The cooperation shall also cover costs related to the preparation, implementation, monitoring and evaluation of the execution of these operations, as well as costs concerning information. Article 5 1. Community contributions may take the form of grants which shall be released in tranches as projects materialize. 2. In principle, Synergy programme funding shall be granted only after consideration of any other funding possibilities from Member States, all cooperating countries and multilateral organizations and shall not co-finance activities funded by other Community programmes. 3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary. Article 6 1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 2 
Synergy shall be addressed to all States which are not members of the Community and first and foremost those countries and regions included in the priorities of the Community's external relations in terms of its political, security of energy and economic interests. Article 3 1. Synergy shall be implemented from 1 January 1997 to 31 December 1997. 2. The financial reference amount for the implementation of this programme shall be ECU 7 million. The appropriation shall be authorized by the budgetary authority within the limits of the financial perspectives. 3. The Commission shall present before the end of 1997 a communication on all the Community programmes which have an energy component and, where appropriate, a proposal aiming at the improvement of transparency and coordination of elements placed in separate programmes as well as a possible presentation of a framework energy programme. Article 4 1. The programme referred to in Article 1 shall take the form of cooperation for the definition, formulation and implementation of energy policy for non-member States in areas of mutual interest. 2. The programme shall help achieve the Community's main energy objectives as described in the White Paper 'An energy policy for the European Union`. To the same end, the Community may also maintain relations with international energy organizations. These measures shall be taken in accordance with the rules set out in Article 6. No funding may be granted to research, development and demonstration projects. 3. In order to achieve these objectives, the Community shall contribute, in particular, to the financing of activities concerning: - energy policy advice and training, - energy analyses and forecasting, - the organization of conferences and seminars, - support to regional transboundary cooperation. 4. The cooperation shall also cover costs related to the preparation, implementation, monitoring and evaluation of the execution of these operations, as well as costs concerning information. Article 5 1. Community contributions may take the form of grants which shall be released in tranches as projects materialize. 2. In principle, Synergy programme funding shall be granted only after consideration of any other funding possibilities from Member States, all cooperating countries and multilateral organizations and shall not co-finance activities funded by other Community programmes. 3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary. Article 6 1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 3 
1. Synergy shall be implemented from 1 January 1997 to 31 December 1997. 2. The financial reference amount for the implementation of this programme shall be ECU 7 million. The appropriation shall be authorized by the budgetary authority within the limits of the financial perspectives. 3. The Commission shall present before the end of 1997 a communication on all the Community programmes which have an energy component and, where appropriate, a proposal aiming at the improvement of transparency and coordination of elements placed in separate programmes as well as a possible presentation of a framework energy programme. Article 4 1. The programme referred to in Article 1 shall take the form of cooperation for the definition, formulation and implementation of energy policy for non-member States in areas of mutual interest. 2. The programme shall help achieve the Community's main energy objectives as described in the White Paper 'An energy policy for the European Union`. To the same end, the Community may also maintain relations with international energy organizations. These measures shall be taken in accordance with the rules set out in Article 6. No funding may be granted to research, development and demonstration projects. 3. In order to achieve these objectives, the Community shall contribute, in particular, to the financing of activities concerning: - energy policy advice and training, - energy analyses and forecasting, - the organization of conferences and seminars, - support to regional transboundary cooperation. 4. The cooperation shall also cover costs related to the preparation, implementation, monitoring and evaluation of the execution of these operations, as well as costs concerning information. Article 5 1. Community contributions may take the form of grants which shall be released in tranches as projects materialize. 2. In principle, Synergy programme funding shall be granted only after consideration of any other funding possibilities from Member States, all cooperating countries and multilateral organizations and shall not co-finance activities funded by other Community programmes. 3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary. Article 6 1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 4 
1. The programme referred to in Article 1 shall take the form of cooperation for the definition, formulation and implementation of energy policy for non-member States in areas of mutual interest. 2. The programme shall help achieve the Community's main energy objectives as described in the White Paper 'An energy policy for the European Union`. To the same end, the Community may also maintain relations with international energy organizations. These measures shall be taken in accordance with the rules set out in Article 6. No funding may be granted to research, development and demonstration projects. 3. In order to achieve these objectives, the Community shall contribute, in particular, to the financing of activities concerning: - energy policy advice and training, - energy analyses and forecasting, - the organization of conferences and seminars, - support to regional transboundary cooperation. 4. The cooperation shall also cover costs related to the preparation, implementation, monitoring and evaluation of the execution of these operations, as well as costs concerning information. Article 5 1. Community contributions may take the form of grants which shall be released in tranches as projects materialize. 2. In principle, Synergy programme funding shall be granted only after consideration of any other funding possibilities from Member States, all cooperating countries and multilateral organizations and shall not co-finance activities funded by other Community programmes. 3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary. Article 6 1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 5 
1. Community contributions may take the form of grants which shall be released in tranches as projects materialize. 2. In principle, Synergy programme funding shall be granted only after consideration of any other funding possibilities from Member States, all cooperating countries and multilateral organizations and shall not co-finance activities funded by other Community programmes. 3. Financing decisions and any contracts resulting therefrom shall expressly provide, inter alia, for acceptance by the beneficiaries of supervision by the Commission and the Court of Auditors, to be carried out on the spot if necessary. Article 6 1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 6 
1. An indicative programme covering the period referred to in Article 3 (1) is established in Annex I, without this being a budget commitment. This programme defines the principal objectives, guidelines and priorities of Community cooperation in the indicative areas referred to in Article 4. 2. An action programme based on the indicative programme referred to in paragraph (1) shall be adopted in accordance with the procedure provided for in Article 8. This action programme shall include a list of the main projects to be financed within the indicative areas referred to in Article 4. The content of the programme shall be determined in detail so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion. 3. Specific agreements may be concluded with non-member States, in the framework and for the duration of the indicative programme referred to in paragraph (1), in order to define the main lines of cooperation with the countries concerned and the consultation procedures regarding the implementation of the programme. 4. Contracts may also be concluded within the framework of the indicative programme referred to in paragraph (1) with international networks of study and research centres in order to define the contribution of these networks to the achievement of the objectives described in the said indicative programme. Article 7 1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 7 
1. The Commission shall implement operations in accordance with the action programme referred to in Article 6 (2). 2. Service contracts shall, as a general rule, be awarded by restricted invitations to tender in conformity with Article 118 of the Financial Regulation applicable to the general budget of the European Communities. Supply contracts, in the cases where they are needed as a means to supplement service contracts and limited to the objectives of Synergy, shall be awarded by means of open invitations to tender, except in the cases provided for in Article 116 of the said Financial Regulation. Negotiated contracts may be awarded for operations involving an amount of up to ECU 50 000. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the beneficiary States. Participation by natural and legal persons from other countries may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in these countries, subject to reciprocity being granted by those countries. 3. Taxes, duties and the purchase of immovable property shall not be funded by the Community. 4. In the case of co-financing, the participation of enterprises from the non-member States concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. The Commission shall render account thereof in the report referred to in Article 10. Article 8 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 8 
1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. 4. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. 5. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 9 
1. The Commission shall, together with the Member States, ensure the effective coordination of the expert assistance efforts undertaken in the beneficiary States by the Community and individual Member States on the basis of the information supplied by the Member States. 2. Coordination and cooperation with the international financial institutions and other sources of funds shall be encouraged. 3. The Commission shall examine the various ways in which co-financing involving the Synergy programme, the bilateral cooperation of the Member States, the programmes from other international organizations, and other Community programmes might be promoted. It shall, in particular, ensure both coordination and complementarity between the contributions made by Synergy, and the other Community instruments for international energy cooperation in order to avoid duplication. It shall also ensure that duplication is avoided between the Synergy programme and any other programme or action of other international organizations in the field of energy. Article 10 The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 10 
The Commission shall present a report by 31 December 1998 on the implementation of the programme in the previous financial year and the impact thereof in non-member States and Member States, accompanied by the external assessment by independent experts on which it is based. This report shall be addressed to the European Parliament, the Council and the Economic and Social Committee. Article 11 This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.
Article 11 
This Regulation shall enter into force on the 20th day following 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 Luxembourg, 14 April 1997. For the Council The President J. VAN AARTSEN (1) OJ No C 310, 22. 11. 1995, p. 10 and OJ No C 194, 5. 7. 1996, p. 20. (2) OJ No C 115, 14. 4. 1997. (3) OJ No C 224, 1. 8. 1996, p. 1. (4) OJ No L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (OJ No L 240, 7. 10. 1995, p. 12). (5) OJ No C 293, 8. 11. 1995, p. 4.