Legal provisions of COM(1982)727 - Special energy development programme (submitted to the Council by the Commission) - Main contents
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dossier | COM(1982)727 - Special energy development programme (submitted to the Council by the Commission). |
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document | COM(1982)727 |
date | March 14, 1983 |
Contents
Article 1
Should the adjustment provided for in the second subparagraph of Article 1 of Regulation (EEC) No 2744/80 (3), as amended by Article 1 of Regulation (EEC) No 624/83 (4), encounter major difficulties, the former amount, in favour of the United Kingdom, can also be adjusted to take account of the conclusions reached by the Ministers for Foreign Affairs on 26 October 1982.
Furthermore, the amounts referred to in this Article will be adjusted in the same way as the adjustment provided for in point 9 of Annex II to Regulation (EEC) No 2744/80, as amended by Regulation (EEC) No 624/83.
Article 2
- interconnection of networks for the transport of gas and electricity in the Community,
- research, development and experimental projects in the non-conventional thermal field,
- production of electricity from conventional thermal, nuclear and hydroelectric energy; combined heat and electricity systems,
- participation in the bringing into production of crude oil and natural gas deposits,
- increasing the storage capacity of crude oil and natural gas,
- projects for new technologies, in particular, for the use of solid fuels;
- measures ensuring the supply energy.
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 of Community energy policy,
- 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 measure and project and of auditing expenditure.
3. The Commission may request any additional information necessary for the examination of the said projects and measures.
Article 3
(a) they must serve to bring about the objectives of the Community's energy policy;
(b) they must demonstrate a Community interest relating to energy strategy;
(c) they must not be incompatible with other Community policies;
(d) they must not give rise to distortions of competition.
2. Additionally, only those demonstration projects or energy research projects will be retained for which Member States make the necessary provisions with regard to ensuring the productive use, the commercialization and dissemination of the results in a non-discriminatory way throughout the Community.
Article 4
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 financial contribution, within the limits of the appropriations available.
3. The Community's financial contribution may not exceed, for each project or measure, 70 % of the annual public expenditure provided for its execution.
4. The Commission decisions referred to in paragraph 2 shall be published in the Official Journal of the European Communities.
Article 5
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. The 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.
Article 6
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 substantially from decisions taken for its application, the Commission may suspend payments still due. In this case, it may 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.
Article 8
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
Article 10
Article 11
This Regulation shall be binding in its entirety and directly applicable in all Member States.