Explanatory Memorandum to COM(1982)727 - Special energy development programme (submitted to the Council by the Commission)

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ARCHIVES HISTORIQUES DE LA COMMISSION

COLLECTION RELIEE DES DOCUMENTS 'COM'

1.

COM (82)727


Vol. 1982/0225

Disclaimer

Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du ler fevrier 1983 concernant I’ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de I’energie atomique (JO L 43 du 15.2.1983, p.

1), tel que modifie par le reglement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 (JO L 243 du 27.9.2003, p.

1), ce dossier est ouvert au public. Le cas echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a I’article 5 dudit reglement.

In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p.

1), as amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 27.9.2003, p.

1), this file is open to the public. Where necessary, classified documents in this file have been declassified in conformity with Article 5 of the aforementioned regulation.

In Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.

1), geandert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003 (ABI. L 243 vom 27.9.2003, S.

1), ist diese Datei der Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.

COMMISSION OF THE EUROPEAN COMMUNITIES


2.

C0MC82) 727 final



Proposal for a i

COUNCIL REGULATION (EEC?.

3.

instituting a special energy development programme-


(submitted to'the Council by the Commission)

C0MC82) 727 final


Explanatory Memorandum
-,-

1. Despite an improvement in the diversification of the provision of energy in the Community and an easing of the situation with regard to oil prices, the Community's authorities are continually concerned not to relax efforts to reduce the Community's dependance on oi l imports.

2. The Commission considers that it will be in the Community's interest to contribute towards improving the structure of energy consumption by taking action in the fields of research and the diversification

of energy ressources, as well as with regard to the more rational use of energy in the Member States where energy consumption is high, especially in the Federal Republic of Germany.

4.

. - *


5.

3. The proposed regulation envisages the establishing of a special energy


development programme within which the Community could, participate in the financing of particular measures and projects to improve the situation.

6.

Doc. XVI/506/rev. 2-EN Orig.: FR


Proposal for a COUNCIL REGULATION ?EEC)

instituting a special energy development programme

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,

1)

Having regard to the proposal from the Commission ,

2)

Having regard to the opinion of the European Parliament ,

Having regard to the opinion of the Court of Auditors ^,

Whereas the energy situation in the Community is still precarious and energy consumption is at a high level in certain Member States, in particular in the Federal Republic-of Germany; . * .

Whereas it is necessary that the Community m.ake a financial contribution to a special programme designed to improve the structure of energy consumption;

Whereas such improvement may be obtained by action^in the field of research, energy diversification and energy efficiency in the Member States with high levels of energy consumption, in particular the Federal Republic of Germany; whereas the Treaty does not provide the necessary powers to th-is end,

HAS ADOPTED THIS REGULATION:

, • Article 1 ’ '

A special energy development programme is hereby established, to which the Community shall make a contribution in the Federal Republic of ,Germany.

7.

1982, p 1982, p 1982, p


OJ No C

OJ No C

OJ No C

8.

Article 2


1. The special programme referred to in Article 1 shall be implemented by means of financial assistance for the implementation of projects and measures associated with Community policy in the fields of research, the development and demonstration of energy technologies and energy Efficiency.

2. The projects and measures shall be submitted to the Commission together with all the information necessary in order to assess whether they serve the objectives of the Community policy with which they are associated and comply with the eligibility criteria laid down in Article 3.

3. The Commission may request any additional information necessary for . examination of the said projects and measures.

9.

Article 3


The projects or contribution by authorities and.

10.

a) they must


b) they must

c) they must

measures shall be eligible for a financial the Community provided that they are financed by public fulfil the following criteria: • * .

serve the objectives of the .Community's energy policy; ■

not be incompatible with other Community policies;

11.

not give rise to distortions of competition. '


Article 4

1, Under this Regulation, the Commission shall examine the measures and projects submitted to it by the Federal Republic of Germany and shall refer them for information to the Committee referred to in Article 7,

12.

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 laid down 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, the total amount of which is hereby fixed at 210 million ECU, may not exeed 70% of annual public expenditure for each project or measure for its execution,

13.

4. The Commission decisions referred to in paragraph 2 shall be published


in the Official Journal of the European Communities. '

Article 5

1. The appropriations relating to the special measures shall be entered in the 1982 budget.

2. As soon as the decision referred to in Article 4(2) has been taken, the Commission shall make a payment of 90% of the amount of the Community contribution decided on in the light of the appropriations available.

3. The payment of the 10% balance shall be effected immediately after the exhaustion of the payment referred to in paragraph 2, as certified by the Government of the Federal Republic of Germany, and at the latest before the end of 1983, provided that implementation of the project or'measure proceeds as planned.

‘ Article 6

T. The Commission shall ensure that each project or measure is implemented in accordance with the provisions of this Regulation, with those adopted in implementation thereof and with those of the Regulations adapted pursuant to Article 209 of the Treaty. To this end, the Federal Republic of Germany shall make available to the Commission all information requested 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 Federal Republic of Germany by the competent authorities in the Federal Republic of Germany, in which Commission officials may participate. The Federal Republic of Germany shall make available to the Commission, for a period of three years after 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 in implementation thereof, the Commission may suspend payments still due* In this case, the Commission 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 to the Federal Republic of Germany*

14.

Article 7 '


1* A 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*

15.

. - Article 8 ' *


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 qualified majority in accordance with Article 148(2) of the Treaty*

3* The Commission shall adopt decisions which shall apply immediately*

16.

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


' f

the latest within one month* In that event, the Commission shall defer application of the decisions which 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*

17.

Article 9


The Federal Republic of Germany, in agreement with the Commission, shall take the necessary steps to ensure that suitable publicity is given to the assistance granted under this Regulation.

18.

Article 10


The Commission shall report to the Council and to the European Parliament on the implementation of this Regulation.

19.

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. " '

20.

Done at ............, ...1982


For the Council

The President