Article 1 Subject matter and scope
1. This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, natural gas, electricity, including electricity from renewable sources, and bio-fuel sectors, and on investment projects related to the capture and storage of carbon dioxide produced by these sectors. 2. This Regulation shall apply to investment projects of the types listed in the Annex on which construction or decommissioning work has started or on which a final investment decision has been taken. Member States may furthermore submit any estimated data or preliminary information on investment projects of the types listed in the Annex on which construction work is scheduled to start within five years and to those which are scheduled to be decommissioned within three years, but for which a final investment decision has not been taken.
Article 2 Definitions
For the purpose of this Regulation, the following definitions shall apply: 1. ‘infrastructure’ means any type of installations or part of installations related to production, transmission and storage; 2. ‘investment projects’ means projects aiming at: (i) building new infrastructure; (ii) transforming, modernising, increasing or reducing capacities of existing infrastructure; (iii) partial or total decommissioning of existing infrastructure; 3. ‘final investment decision’ means the decision taken at the level of an undertaking to definitively earmark funds towards the investment phase of a project, the investment phase meaning the phase during which construction or decommissioning takes place and capital costs are incurred. The investment phase excludes the planning phase, during which project implementation is prepared and which includes, where appropriate, a feasibility assessment, preparatory and technical studies, obtaining licences and authorisations and incurring capital costs; 4. ‘investment projects under construction’ means investment projects for which construction has started and capital costs are incurred; 5. ‘decommissioning’ means the phase where an infrastructure is permanently taken out of operation; 6. ‘production’ means the generation of electricity and the processing of fuels, including bio-fuels; 7. ‘transmission’ means the transport of energy sources or products or carbon dioxide, through a network, in particular: (i) through pipelines, other than upstream pipeline network and other than the part of pipelines primarily used in the context of local distribution; or (ii) through extra high voltage and high-voltage interconnected systems and other than the systems primarily used in the context of local distribution; 8. ‘storage’ means the stocking on a permanent or temporary basis of energy or energy sources in above-ground or underground infrastructure or geological sites or containment of carbon dioxide in underground geological formations; 9. ‘undertaking’ means any natural or legal private or public person, deciding or implementing investment projects; 10. ‘energy sources’ means: (i) primary energy sources, such as oil, natural gas or coal; (ii) transformed energy sources, such as electricity; (iii) renewable energy sources including hydroelectricity, biomass, biogas, wind, solar, tidal, wave and geothermal energy; and (iv) energy products, such as refined oil products and bio-fuels; 11. ‘specific body’ means a body entrusted by any energy sector-specific legal act of the Union with the preparation and adoption of Union-wide multi-annual network development and investment plans in energy infrastructure, such as the European network of transmission system operators for electricity (‘ENTSO-E’) referred to in Article 4 of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity ( 5 ) and the European network for transmission system operators for gas (‘ENTSO-G’) referred to in Article 4 of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks ( 6 ) .
Article 3 Notification of data
1. While keeping the collection and reporting burden proportionate, Member States or the entities to which they delegate this task to shall compile all data and information specified in this Regulation from 1 January 2011 and from then onwards every two years. They shall notify the data and relevant project information specified in this Regulation to the Commission in 2011, that year being the first reporting year, and from then onwards every two years. This notification shall be made in aggregated form, except for data and relevant information relating to crossborder transmission projects. Member States or their delegated entities shall notify aggregated data and relevant project information by 31 July of the reporting year concerned. 2. Member States or their delegated entities are exempted from the obligations set out in paragraph 1, provided that, and to the extent that, pursuant to energy sector-specific Union law or the Euratom Treaty: (a) the concerned Member State or its delegated entity has already notified to the Commission data or information equivalent to the requirements of this Regulation and has indicated the date of the notification and the specific legal act concerned; or (b) a specific body is entrusted with the preparation of a multi-annual investment plan in energy infrastructure at Union level and compiles to this end data and information equivalent to the requirements of this Regulation. In this case and for the purposes of this Regulation, the specific body shall notify all the relevant data and information to the Commission.
Article 4 Data sources
The undertakings concerned shall notify the data or information referred to in Article 3 to the Member States, or their delegated entities, in whose territory they are planning to carry out investment projects before 1 June of each reporting year. The data or information notified shall reflect the situation of investment projects as of 31 March of the relevant reporting year. The first paragraph shall not apply to undertakings where the Member State concerned decides to use other means of supplying the Commission with the data or information referred to in Article 3.
Article 5 Content of the notification
1. With regard to investment projects of the types listed in the Annex, the notification provided for in Article 3 shall indicate, where appropriate: (a) the volume of the capacities planned or under construction; (b) the type and main characteristics of infrastructure or capacities planned or under construction, including the location of crossborder transmission projects, if applicable; (c) the probable year of commissioning; (d) the type of energy sources used; (e) the installations capable of responding to security of supply crises, such as equipment enabling reverse flows or fuel switching; and (f) the equipment of carbon capture systems or retrofitting mechanisms for carbon capture and storage. 2. With regard to any proposed decommissioning of capacities, the notification provided for in Article 3 shall indicate: (a) the character and the capacity of the infrastructure concerned; and (b) the probable year of decommissioning. 3. Any notification under Article 3 shall include where appropriate the total volume of installed production, transmission and storage capacities which are in place at the beginning of the reporting year concerned or whose operation is interrupted for a period exceeding three years. Member States, their delegated entities or the specific body referred to in Article 3(2)(b) may add to their notifications relevant comments, such as comments on delays or obstacles to the implementation of investment projects.
Article 6 Quality and publicity of data
1. Member States, their delegated entities or, where appropriate, the specific bodies shall aim to ensure the quality, relevance, accuracy, clarity, timeliness and coherence of data and information they notify to the Commission. In case of specific bodies, the data and information notified may be accompanied by appropriate comments from Member States. 2. The Commission may publish data and information forwarded pursuant to this Regulation, in particular in analyses referred to in Article 10(3), provided that the data and information are published in an aggregated form and that no details concerning individual undertakings and installations are disclosed or can be inferred. 3. Member States, the Commission, or their delegated entities shall each preserve the confidentiality of commercially sensitive data or information in their possession.
Article 7 Implementing provisions
Within the limits laid down by this Regulation, the Commission shall adopt, by 31 October 2010, the provisions necessary for the implementation of this Regulation, concerning the form and other technical details of the notification of data and information referred to in Articles 3 and 5.
Article 8 Data processing
The Commission shall be responsible for developing, hosting, managing and maintaining the IT resources needed to receive, store and carry out any processing of the data or information on energy infrastructure notified to the Commission pursuant to this Regulation.
Article 9 Protection of individuals with regards to the processing of data
This Regulation is without prejudice to Union law and, in particular, does not alter Member States’ obligations with regard to the processing of personal data, as laid down by Directive 95/46/EC, or the obligations incumbent upon the Union’s institutions and bodies under Regulation (EC) No 45/2001 with regard to the processing of personal data by them in the course of their duties.
Article 10 Monitoring and reporting
1. On the basis of data and information forwarded and, if appropriate, of any other data sources including data purchased by the Commission, and taking into account relevant analyses such as the multi-annual network development plans for gas and for electricity, the Commission shall forward to the European Parliament, to the Council and to the European Economic and Social Committee and shall publish every two years a cross-sector analysis of the structural evolution and perspectives of the energy system of the Union. This analysis shall aim in particular at: (a) identifying potential future gaps between energy demand and supply that are of significance from an energy policy perspective of the Union; (b) identifying investment obstacles and promoting best practices to address them; and (c) increasing transparency for market participants and potential market entrants. On the basis of this data and information, the Commission may also provide any specific analysis deemed necessary or appropriate. 2. In preparing the analyses referred to in paragraph 1, the Commission may be assisted by experts from Member States and/or any other experts, professional associations with specific competence in the area concerned. The Commission shall provide all Member States with an opportunity to comment on the draft analyses. 3. The Commission shall discuss the analyses with interested parties, such as ENTSO-E, ENTSO-G, the Gas Coordination Group and the Oil Supply Group.
Article 11 Review
‘By 23 July 2015, the Commission shall review the implementation of this Regulation, and present a report on the results of this review to the European Parliament and to the Council.’. In the review, the Commission shall, inter alia , examine the possible extension of the scope to include the extraction of gas, oil and coal.
Article 12 Repeal
Regulation (EC) No 736/96 shall be repealed.
Article 13 Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .