EC laying down a series of guidelines for trans European energy networks - Main contents

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dossier	COM(2001)775-2 - Amendment of Decision No 1254/96/EC laying down a series of guidelines for trans European energy networks.
document	COM(2001)775
date	June 26, 2003

(1) Since the adoption of Decision No 1254/96/EC of the European Parliament and of the Council of 5 June 1996 laying down a series of guidelines for trans-European energy networks(5), the need has arisen to incorporate new priorities, to highlight the projects which are particularly important, to update the list of projects, and to adapt the procedure used for identifying projects.

(2) The new priorities stem from the creation of a more open and competitive internal energy market, as a result of the implementation of Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity(6) and of Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas(7). They follow the conclusions of the Stockholm European Council of March 2001 concerning the development of the infrastructures needed for the operation of the energy market. A special effort should be undertaken to achieve the objective of making greater use of renewable energy sources as a contribution to furthering a sustainable development policy.

(3) As a rule the construction and maintenance of energy infrastructure should be subject to market principles. This is also in line with the Commission proposals for the completion of the internal market in energy and the common rules on competition law which aim at the creation of a more open and competitive internal energy market. Community financial aid for construction and maintenance should therefore remain highly exceptional. These exceptions should be duly justified.

(4) Energy infrastructure should be constructed and maintained so as to enable the internal energy market to operate efficiently, without detracting from strategic and, where appropriate, universal service criteria. The priorities also stem from the growing importance of the trans European energy networks for diversifying the Community's gas supplies, incorporating the candidate countries' energy networks, and ensuring the coordinated operation of the electricity grids in Europe and the Mediterranean and Black Sea basins.

(5) Among the projects relating to trans-European energy networks, it is necessary to highlight the priority projects, which are very important for the operation of the internal energy market or the security of energy supply.

(6) It is necessary to adapt the procedure for identifying projects relating to trans-European energy networks in order to ensure the harmonious application of Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks(8).

(7) The procedure for identifying projects relating to trans-European energy networks should be adapted by means of action at two levels: a first level identifying a restricted number of thematically defined projects of common interest, and a second level describing projects in detail, referred to as specifications.

(8) Since the project specifications are liable to change, they are given indicatively. The Commission should therefore continue to be empowered to update them. Since the project may have considerable political and economic implications, it is important to find the appropriate balance between legislative oversight and flexibility in determining projects that merit potential Community support.

(9) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).

(10) The identification of projects of common interest, their specifications and priority projects should be without prejudice to the results of the environmental impact assessment of the projects and of the plans or programmes.

(11) The time limit within which the Commission has to draw up the periodical report on the implementation of the guidelines under Decision No 1254/96/EC should be extended since, in pursuance of Regulation (EC) No 2236/95, it is to submit an annual report which contains information on the progress of projects, and in particular that of priority projects.

(12) Given the scope of the amendments that are being made to Decision No 1254/96/EC, it is desirable, for reasons of clarity and rationalisation, that the provisions in question should be recast.