No C 344/4 Official Journal of the European Communities 20. 12.83
II
(Preparatory Acts)
COMMISSION
i
Proposal for a Council Regulation establishing special measures of Community interest
relating to energy strategy
COM(83) 698 final
(Submitted by the Commission to the Council on 2 December 1983)
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,
Having regard to the opinion of the European Par-
liament,
Whereas the Council resolutions of 17 December
1974 0), of 13 February 1975 (2), and of 9 June
1980 (3), as well as the Council recommendations of
28 July 1982 (4), and of 24 May 1983 (5), laid down
certain guidelines for the Community's energy policy;
Whereas conditions incompatible with the proper
functioning of the Community could arise when a
Member State's economy, whilst in a special situation,
is forced to bear a disproportionate burden in the
financing of the Community budget;
Whereas the Community has defined an energy
strategy designed notably to reduce dependence on
imports of energy products, particularly oil;
Whereas it is necessary to establish special measures
of Community interest relating to energy strategy and
involving financial contributions from the Community
to energy projects or measures in the Federal
Republic of Germany and in the United Kingdom,
which contribute towards Community energy policy
objectives;
Whereas the total amount of the Community contri-
butions necessary for the said specific measures is
estimated at 255 million ECU for projects and
(») OJ No C 153, 9. 7. 1975, p. 2.
O OJ No C 153, 9. 7. 1975, p. 6.
(') O J N o C 149, 18.6. 1980, p. 1.
(4) OJ No L 247, 23. 8. 1982, p. 9.
(*) OJ No L 140, 31. 5. 1983, p. 25.
measures executed in the United Kingdom and at
201 million ECU for projects and measures executed
in the Federal Republic of Germany;
Whereas the projects and measures must be specified
and supported by the information required in order to
retain only those which are of Community interest in
the field to which they relate;
Whereas the Commission should be in a position to
check the implementation of the projects and
measures provided for in this Regulation;
Whereas the Treaty has not provided for the powers
of action required for this purpose,
HAS ADOPTED THIS REGULATION:
Article 1
Special measures of Community interest relating to
energy strategy are hereby established in 1984 in the
Federal Republic of Germany and in the United
Kingdom.
Article 2
1. The special measures of Community interest
shall be implemented by means of financial assistance
for the implementation of projects and measures
which contribute towards one or more of the
following Community energy policy objectives:
— the maintenance of the level of the Community's
coal production under satisfactory economic
conditions,
— to ensure by a technological research and
development policy that traditional forms of
energy are better exploited and, in the long term,
replaced by new sources of energy,
— the development of indigenous energy resources
under satisfactory economic conditions,
— the reduction of the ratio between the rate of
growth in energy consumption and the rate of
economic growth,
20. 12. 83 Official Journal of the European Communities No C 344/5
— the reduction of oil consumption in the
Community as a proportion of total energy
consumption,
— an increased share for solid fuels and nuclear
energy in electricity production,
— the increased use of renewable energy sources,
— restructuring of demand in favour of the more
rational use of energy,
— increased investment in conversion to the use of
solid fuels.
2. The projects and measures shall be submitted to
the Commission together with all the information
necessary in order to assess:
— their conformity with the objectives referred to in
paragraph 1,
— their conformity with the eligibility criteria laid
down in Article 3,
— their Community interest taking account of
energy strategy and the field under consideration,
— the possibilities of verifying the execution of each
project and measure and of auditing expenditure.
3. The Commission may request any additional
information necessary for the examination of the said
projects and measures.
Article 3
1. The projects or measures shall be eligible for a
financial contribution by the Community provided
they are financed wholly or in part by public auth-
orities and fulfil the following criteria:
(a) they must serve to bring about the objectives of
the Community's energy policy;
(b) they must be compatible with other Community
policies;
(c) they must not give rise to distortions of
competition, particularly as regards the amounts
of public aid.
2. Additionally, only those demonstration projects
or energy research projects will be retained for which
Member States make the necessary provisions with
xegard to ensuring the productive use, the commer-
cialization and dissemination of the results in a non-
discriminatory way throughout the Community.
Article 4
1. The Commission shall examine the projects and
measures submitted to it by each of the Member
States concerned under this Regulation and shall refer
them for.information to the Committee referred to in
Article 7.
2. In accordance with the procedure laid down in
Article 8, the Commission shall decide on:
(a) the projects and measures meriting Community
assistance, in the light of the criteria provided for
in Article 3;
(b) the amount of the Community's overall financial
contribution, within the limits of the appro-
priations available.
3. The Community's overall financial contribution
may not exceed, for each project or measure, 70 % of
the annual public expenditure to be provided for its
execution.
4. No financial contribution shall be made in
respect of expenditure implemented more than 12
months before the entry into force of this Regulation.
5. Not less than 20 % of the Community's total
financial contributions under this Regulation for
projects and measures in each country shall be
allocated in respect of projects or measures
commenced after a date 12 months before the entry
into force of this Regulation.
6. The Commission decisions referred to in
paragraph 2 shall be published in the Official Journal
of the European Communities.
Article 5
1. Appropriations relating to projects and measures
shall be entered in the budget of the European
Communities.
2. As soon as a decision has been taken pursuant
to Article 4 (2), the Commission shall make a
payment of 90 % of the amount of the Community
contribution provided for.
3. Payment of the 10 % balance shall be effected
immediately after the sum referred to in paragraph 2
has been used up, as certified by the Government of
the Member State concerned, provided that
implementation of the project or measure proceeds as
planned and that on-the-spot checks have been
carried out in accordance with the procedure
provided for in Article 6.
No C 344/6 Official Journal of the European Communities 20.12.83
Article 6 Article 8
1. The Commission shall ensure that each project
or measure is implemented in accordance with this
Regulation, with the provisions adopted for its
application and with the Regulation adopted pursuant
to Article 209 of the Treaty.
To this end, each of the Member States concerned
shall supply the Commission with all information
requested by it and shall take all steps with regard to
Community-assisted projects and measures to
facilitate such supervision as the Commission may
consider appropriate, including on-the-spot checks
made at its request with the approval of the Member
State concerned by the latter's competent authorities,
in which Commission officials may participate.
Each Member State concerned shall make available to
the Commission, for a period of three years from the
transfer of the balance referred to in Article 5 (3), all
supporting documents or certified copies thereof
relating to expenditure.
2. Where a project or measure is not implemented
in conformity with this Regulation or departs sub-
stantially from decisions taken for its application, the
Commission may suspend payments still due. In this
case, it may also decide that sums already paid or still
due are to be allocated in accordance with the
procedure laid down in Article 8 to other projects or
measures submitted under this Regulation. If, in the
opinion of the Commission, no other project or
measure is available, it shall recover the payments
made.
Article 7
1. A management committee (hereinafter called
'the Committee') is hereby established, composed of
representatives of the Member States and chaired by a
representative of the Commission.
2. Within the Committee, the votes of the Member
States shall be weighted in accordance with Article
148 (2) of the Treaty. The chairman shall not vote.
1. Where the procedure laid down in this Article is
to be followed, the chairman shall refer the matter to
the Committee either on his own initiative or at the
request of the representative of a Member State.
2. The representative of the Commission shall
submit drafts of decisions to be taken. The
Committee shall deliver its opinion on the drafts
within a time limit which the chairman may fix
according to the urgency of the questions under
consideration. An opinion shall be adopted by a
qualified majority in accordance with Article 148 (2)
of the Treaty.
3. The Commission shall adopt decisions which
shall apply immediately. However, if these decisions
are not in accordance with the opinion of the
Committee, they shall be communicated to the
Council as soon as possible and at the latest within
one month. In that event, the Commission shall defer
application of the decisions it has adopted for not
more than two months from the date of such
communication. The Council, acting by a qualified
majority, may take a different decision within two
months.
Article 9
Each of the Member States concerned shall, in
agreement with the Commission, take the necessary
steps to ensure that suitable publicity is given to the
assistance granted under this Regulation.
Article 10
The Commission shall report to the Council and to
the European Parliament on the application of this
Regulation.
Article 11
This Regulation shall enter into force on the day of
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.
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