Re-examined proposal for a Council Decision concerning a multiannual programme for the promotion of renewable energy sources in the Community - Altener II
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05. 05. 1998 COM(1998) 301 final 97/0106 (SYN) Re-examined proposal for a COUNCIL DECISION concerning a multiannual programme for the promotion of renewable energy sources in the Community - ALIENER H (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) EXPLANATORY MEMORANDUM On 12 March 1997 the Commission adopted a proposal for a Council Decision concerning a multiannual programme for the promotion of renewable energy sources in the Community (Altener II). The proposal is based on Article 130(s) of the Treaty which provides for the co-operation procedure with the European Parliament. On 6 November 1997 the Parliament gave its opinion on the first reading. A Common Position was reached by the Council on 19 January 1998. On 30 April 1998 the Parliament gave its opinion on the second reading of the above Common Position. Ten amendments were voted and accepted. The principal preoccupations of the Parliament matched those of the Commission. Of the ten amendments proposed, the Commission accepted three in their entirety and three were accepted in principle considering the concepts already included in the text or in the White Paper. One amendment concerns only a linguistic version. Three amendments have not been accepted by the Commission for the following reasons: - amendment n° 3 The question of taking account of indirect costs in tariff calculation falls within the scope not of this programme but rather of the proposals on a Community strategy for Renewables which the Commission will be presenting separately to Parliament and Council. - amendment n° 8 The amount of financing will be decided in accordance with the normal budgetary procedure, during which the budgetary authorities take all relevant aspects into account, including questions concerning Renewables as well as greenhouse gases. - amendment n° 10 The Comitology rules are laid down formally and this text should not provide otherwise. The Council is requested to adopt the decision on the basis of the attached re examined proposal. 2 COMMON POSITION ADOPTED BY RE-EXAMINED PROPOSAL FOR A THE COUNCIL COUNCIL DECISION concerning a multiannual programme for the concerning a multiannual programme for the promotion of renewable promotion of renewable energy sources in the Community (Altener II) energy sources in the Community (Altener II) THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN UNION, UNION, Having regard to the Treaty establishing the Having regard to the Treaty establishing the European Community, and in particular European Community, and in particular Article 130s(l) thereof, Article 130s(l) thereof; Having regard to the proposal from the Commission (i) Having regard to the proposal from the Commission(1), Having regard to the Opinion of the Having regard to the Opinion of the Economic and Social Committee(2), Economic and Social Committee(2), Having regard to the Opinion of the Committee of the Regions(3), Having regard to the Opinion of the Committee of the Regions(3), Acting in accordance with the procedure laid Acting in accordance with the procedure laid down in Article 189c of the Treaty(4), down in Article 189c of the Treaty(4), OJC 192, 24. 6. 1997, p. 16. OJ C 19, 21. 1. 1998, p. 34 OJ C 379, 15. 12. 1997, p. 63. Opinion of the European Parliament of 6 November 1997 (not yet published in the Official Journal), Council Common Position of 19 January 1998 and Decision of the European Parliament of (not yet published in the Official Journal). 'I ( 1 ) Whereas Article 13Or of the Treaty ( I ) Whereas Article 13 Or of the Treaty provides that one of the objectives of provides that one of the objectives of Community action is to ensure prudent Community action is to ensure prudent and rational utilization of and rational utilization of natural resources; natural resources; (2) Whereas Article 129 of the Treaty (2) Whereas Article 129 of the Treaty provides that health protection provides that health protection requirements shall form a constituent requirements shall form a constituent part of the Community's other policies; part of the Community's other policies; whereas the Altener programme whereas the Altener programme contributes to health protection; contributes to health protection; (3) Whereas at its meeting on (3) Whereas at its meeting on 29 October 1990 the Council 29 October 1990 the Council announced its objective of stabilizing announced its objective of stabilizing total C02 emissions by 2000 at the total C02 emissions by 2000 at the 1990 level in the Community as 1990 level in the Community as a whole; a whole; (4) Whereas a mechanism for monitoring (4) Whereas a mechanism for monitoring C02 and other greenhouse gas C02 and other greenhouse gas emissions in the Community was emissions in the Community was established by Decision 93/389/EEC (5); established by Decision 93/389/EEC (5); (5) Whereas C 02 emissions from energy (5) Whereas C02 emissions from energy consumption in the Community are consumption in the Community are likely to increase by about 3% between likely to increase by about 3% between 1995 and 2000, assuming normal 1995 and 2000, assuming normal economic growth; whereas it is, economic growth; whereas it is, H OJ L 167, 9. 7. 1993, p. 31 Vj therefore, essential to adopt additional therefore, essential to adopt additional measures; measures; (6) Whereas at its meeting on 25 and (6) Whereas at its meeting on 25 and 26 June 1996 the Council noted that in 26 June 1996 the Council noted that in the framework of the negotiations on a the framework of the negotiations on a protocol concerning the Berlin protocol concerning the Berlin Mandate, the Second Assessment Mandate, the Second Assessment Report of the Intergovernmental Panel Report of the Intergovernmental Panel on Climate Change (SAR IPCC) had on Climate Change (SAR IPCC) had concluded that the balance of evidence concluded that the balance of evidence suggested that there was a discernible suggested that there was a discernible human influence on global climate human influence on global climate change and had stressed the need for change and had stressed the need for urgent action at the widest possible urgent action at the widest possible level, noted that significant "no-regrets" level, noted that significant "no-regrets" opportunities were available and opportunities were available and requested the Commission to identify requested the Commission to identify the measures that had to be taken at the measures that had to be taken at Community level; Community level; (7) Whereas with the Green Paper of (7) Whereas with the Green Paper of 11 January 1995 and the White Paper 11 January 1995 and the White Paper of 13 December 1995 the Commission of 13 December 1995 the Commission communicated to the European communicated to the European Parliament and the Council its views on Parliament and the Council its views on the future of energy policy in the the future of energy policy in the Community and on the role that Community and on the role that renewable energy sources should play; renewable energy sources should play; r (8) Whereas in its Resolution of (8) Whereas in its Resolution of 4 July 1996 "" the European Parliament 4 July 1996 ((,) the European Parliament called upon the Commission to called upon the Commission to implement a Community action plan to implement a Community action plan to promote renewable energy sources; promote renewable energy sources; (9) Whereas with the Green Paper of 20 (9) Whereas with the Green Paper of 20 November 1996 entitled "Energy for November 1996 entitled "Energy for the Future: Renewable Sources of the Future: Renewable Sources of Energy" the Commission started a Energy" the Commission started a process for the development and further process for the development and further implementation of a Community implementation of a Community Strategy and an Action Plan on Strategy and an Action Plan on Renewable Energy Sources (RES); Renewable Energy Sources (RES); (10) Whereas in its Resolution of 14 (10) Whereas in its Resolution of 14 November 1996 (7) on the Commission November 1996 <7) on the Commission White Paper entitled "An Energy Policy White Paper entitled "An Energy Policy for the European Union" the European for the European Union" the European Parliament called upon the Commission Parliament called upon the Commission to establish a financial programme to establish a financial programme aimed at promoting sustainable energy; aimed at promoting sustainable energy; whereas, in its Resolution of whereas, in its Resolution of 15 May 1997 (8) on the Green Paper 15 May 1997 (8) on the Green Paper entitled "Energy for the Future: entitled "Energy for the Future: Renewable Sources of Energy" it Renewable Sources of Energy" it (6) (7) (8) OJ C 211, 22. 7. 1996, p. 27. OJC 362, 2. 12. 1996, p. 279 OJC 167, 2. 6. 1997, p. 160 G expressly requests the adoption as soon expressly requests the adoption as soon as possible of a strengthened Altener II as possible of a strengthened Altener II programme, programme; (11) Whereas Article 8 of Directive ( I I) Whereas Article 8 of Directive 96/92/EC of the European Parliament 96/92/EC of the European Parliament and of the Council of and of the Council of 19 December 1996 concerning common 19 December 1996 concerning common rules for the internal market in rules for the internal market in electricity (9) offers Member States the electricity (9) offers Member States the possibility of furthering the penetration possibility of furthering the penetration of the market in electricity produced of the market in electricity produced from renewable sources of energy by from renewable sources of energy by giving them priority. giving them priority. ( 12) Whereas Article 13 Oa of the Treaty (12) Whereas Article 130a of the Treaty provides that the Community shall provides that the Community shall develop and pursue its actions leading develop and pursue its actions leading to the strengthening of its economic and to the strengthening of its economic and social cohesion and that, in particular, it social cohesion and that, in particular, it shall aim at reducing disparities shall aim at reducing disparities between the levels of development of between the levels of development of the various regions and the the various regions and the backwardness of the least-favoured backwardness of the least-favoured regions; whereas those actions cover regions; whereas those actions cover inter alia the energy sector; inter alia the energy sector; (13) Whereas in Decision 93/500/EEC <10) (13) Whereas in Decision 93/500/EEC (l0) the Council adopted a Community the Council adopted a Community (9) <10) OJ L 27, 30. 1. 1997, p. 20. OJ L 235, 18. 9. 1993, p. 41 > programme entitled "Altenei " for the programme entitled "Altener" for the promotion of renewable energy sources promotion of renewable energy sources aimed at reducing CO. emissions by aimed at reducing C02 emissions by increasing the market share of increasing the market share of renewable energy sources and its renewable energy sources and its contribution to overall primary energy contribution to overall primary energy production in the Community; whereas production in the Community; whereas that programme ends on 31 December 1997, that programme ends on 31 December 1997; ( 14) Whereas the Community has (14) Whereas the Community has recognized that the Altener programme recognized that the Altener programme represents an important element of the represents an important element of the Community strategy for reducing Community strategy for reducing CO2 emissions, ('(),> emissions. (15) Whereas Decision I 110/94/EC of the (15) Whereas Decision 1110/94/EC of the European Parliament and of the Council(11) established a fourth European Parliament and of the Council(,,) established a fourth framework programme for research, framework programme for research, technological development and technological development and demonstration projects; whereas policy demonstration projects; whereas policy in the field of renewable energy sources in the field of renewable energy sources is an important instrument for the use is an important instrument for the use and promotion of the new energy and promotion of the new energy technologies that the framework technologies that the framework programme will develop; whereas the programme will develop; whereas the Altener II programme is an instrument Altener II programme is an instrument which complements that programme; which complements that programme; (11) OJ L 126, 18. 5. 1994, p. 1. Decision as amended by Decision No 616/96/EC (OJ L 86, 4. 4. 1 9 9 6, p. 69). S (16) Whereas the Altener II programme (16) Whereas the Altener II programme does not alter national projects or does not alter national projects or systems for the promotion of renewable systems for the promotion of renewable resources, whereas its objective is to resources; whereas its objective is to add a Community aspect that represents add a Community aspect that represents added value. added value, ( 17) Whereas, furthermore, the Fifth (17) Whereas, furthermore, the Fifth Framework Programme of Research, Framework Programme of Research, Technological Development and Technological Development and Demonstration should devote special Demonstration should devote special attention to energy and whereas Altener attention to energy and whereas Altener II should again be an important II should again be an important additional instrument in this additional instrument in this programme; programme; ( 18) Whereas renewable energy sources are (18) Whereas renewable energy sources are an important energy source for the an important energy source for the European Union with considerable European Union with considerable commercial potential; whereas their commercial potential; whereas their development should therefore be development should therefore be supported through a specific strategy supported through a specific strategy and targeted actions to make them both and targeted actions to make them both viable and competitive and thus create a viable and competitive and thus create a favourable environment for investment; favourable environment for investment; ( 19) Whereas the increased use of renewable (19) Whereas the increased use of renewable sources of energy will have a positive sources of energy will have a positive effect both on the environment and on effect both on the environment and on the security of energy supplies; whereas the security of energy supplies; whereas a high degree of international only the free and large-scale cooperation is desirable to achieve the development of renewable energy 9> best results, sources wijl make it possible fully to exploit their economic and employment potential; whereas a high degree of international cooperation is desirable to achieve the best results; (20) Whereas a strengthened Altener II (20) Whereas a strengthened AJtener II programme represents an essential programme represents an essential instrument for developing the potential instrument for developing the potential of renewable energy sources. of renewable energy sources; whereas renewable energy sources should account for a reasonable percentage of the European internal energy market; (21 ) Whereas the aim of the targeted actions (21) Whereas the aim of the targeted actions referred to in Article 2( i )(d) is to referred to in Article 2( 1 )(d) is to facilitate and accelerate investment in facilitate and accelerate investment in new operational capacity for the new operational capacity for the production of energy from renewable production of energy from renewable sources by providing financial support, sources by providing financial support, in particular for small and medium sized in particular for small and medium sized enterprises (SMEs), in order to reduce enterprises (SMEs), in order to reduce the peripheral and service costs of the peripheral and service costs of renewable energy projects, and thus renewable energy projects, and thus overcome the non-technical obstacles overcome the non-technical obstacles present; whereas those actions promote, present; whereas those actions promote, inter alia, access to specialized advice, inter alia, access to specialized advice, the analysis of market prospects, the the analysis of market prospects, the choice of location of projects, choice of location of projects, application for construction and application for construction and operation permits, initiatives taken by operation permits, initiatives taken by SMEs on investment in renewable SMEis on investment in renewable sources of energy, the establishment of sources of energy, the establishment of financing plans, the preparation of calls financing plans, the preparation of calls for tenders, the training of operators for tenders, the training of operators and plant commissioning; and plant commissioning; (22) Whereas those targeted actions concern (22) Whereas those targeted actions concern the implementation of projects carried the implementation of projects carried out in the area of biomass, including out in the area of biomass, including energy crops, firewood, residues from energy crops, firewood, residues from forestry and agriculture, municipal forestry and agriculture, municipal waste which cannot be recycled, liquid waste which cannot be recycled, liquid biofuels and biogas, and in the areas of biofuels and biogas, and in the areas of thermal and photovoltaic solar systems, thermal and photovoltaic solar systems, passive and active solar systems in passive and active solar systems in buildings, small scale (<10 MW) buildings, small scale (<10 MW) hydroelectric projects, wave energy, hydroelectric projects, wave energy, wind power and geothermal energy; wind power and geothermal energy; (23) Whereas the development of renewable (23 ) Whereas the development of renewable energy sources can help create a energy sources can help create a competitive energy system for the competitive energy system for the whole of Europe and develop a whole of Europe and develop a European renewable energy sources European renewable energy sources industry, with vast opportunities for the industry, with vast opportunities for the export of know-how and for investment export of know-how and for investment in third countries involving Community in third countries involving Community participation; participation; (24) Whereas in implementing the (24) Whereas in implementing the programme, there should be close programme, there should be close cooperation with other Community cooperation with other Community actions and programmes also concerned actions and programmes also concerned ) • •) with promoting renewable energy with promoting renewable energy sources; sources; (2. 5) Whereas in order to ensure that (25) Whereas in order to ensure that Community aid is used efficiently the Community aid is used efficiently the Commission will ensure that projects Commission will ensure that projects are subject to thorough prior appraisal; are subject to thorough prior appraisal; whereas it will systematically monitor whereas it will systematically monitor and evaluate the progress and results of and evaluate the progress and results of supported projects; supported projects; (26) Whereas a financial reference amount (26) Deleted within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty; (27) Whereas it is politically and (27) Whereas it is politically and economically desirable to open the economically desirable to open the Altener II programme to the associated Altener II programme to the associated Central and Eastern European countries Central and Eastern European countries in accordance with the conclusions of in accordance with the conclusions of the Copenhagen European Council of the Copenhagen European Council of 21 and 22 June 1993, and as outlined in 21 and 22 June 1993, and as outlined in the communication on that subject the communication on that subject presented to the Council by the presented to the Council by the ^ Commission in May 1994; whereas it Commission in May 1994; whereas it should also be open to Cyprus, should also be open to Cyprus, HAS ADOPTED THIS DECISION; HAS ADOPTED THIS DECISION: Article I Article I I A multiannual programme of measures I A multiannual programme of measures and actions to promote the use of renewable and actions to promote the use of renewable energy sources in the Community, called energy sources in the Community, called Altener II, hereinafter referred to as "the Altener II, hereinafter referred to as "the programme", is hereby established programme", is hereby established. The objectives of the programme shall be to: The objectives of the programme shall be to: (a) help create the necessary conditions for (a) help create the necessary conditions for the implementation of a Community the implementation of a Community action plan for renewable energy action plan for renewable energy sources, and in particular the legal, sources, and in particular the legal, socio-economic and administrative socio-economic and administrative conditions; conditions; (b) encourage private and public (b) encourage private and public investments in the production and use investments in the production and use of energy from renewable sources. of energy from renewable sources. These two specific objectives shall contribute These two specific objectives shall contribute to achieving the following overall Community to achieving the following overall Community objectives - complementing those of the objectives complementing those of the Member States - and priorities: the limitation Member States - and priorities: the limitation of CO2 emissions, increasing the share of of C02 emissions, increasing the share of renewable energy sources in the energy renewable energy sources in the energy •13 balance, reduction in energy import balance, reduction in energy import dependence, security of energy supply, dependence, security of energy supply, promotion of employment, economic promotion of employment, economic development, economic and social cohesion development, economic and social cohesion and local and regional development, including end local and regional development, including the strengthening of the economic potential of the strengthening of the economic potential of remote and peripheral regions. remote and peripheral regions. 2. Community financial support shall be 2. Community financial support shall be granted under the programme for actions granted under the programme for actions meeting the objectives set out in meeting the objectives set out in paragraph 1(a) and (b). paragraph 1(a) and (b). 3. The financial reference amount for the 3. The financial reference amount for the implementation of the programme shall be implementation of the programme shall be ECU 22 million. The annual appropriations ECU 22 million. The annual appropriations shall be authorized by the budget authority shall be authorized by the budget authority within the limits of the financial perspective. within the limits of the financial perspective. Article 2 Article 2 The following actions and measures relating The following actions and measures relating to renewable energy sources shall be financed to renewable energy sources shall be financed under the programme: under the programme: (a) studies and other actions, intended to (a) studies and other actions, intended to implement and complement other implement and complement other measures by the Community and measures by the Community and Member States taken to develop the Member States taken to develop the potential of renewable energy sources. potential of renewable energy sources. These involve in particular the These involve in particular the development of sectoral and market development of sectoral and market A v strategies, the development of norms strategies, the development of norms and certification, facilitating grouped and certification, facilitating grouped procurement, analyses, based on procurement, analyses, based on projects, comparing the environmental projects, comparing the environmental impact and the long-term cost/benefit impact and the long-term cost/benefit trends resulting from the use oi^ trends resulting from the use of traditional forms of energy and the use traditional forms of energy and the use of renewable energy sources, the of renewable energy sources, the analysis of the legal, socio-economic analysis of the legal, socio-economic and administrative conditions, including and administrative conditions, including analysis of the possible use of economic analysis of the possible use of economic measures, and/or tax incentives which measures, and/or tax incentives which are more favourable to the market are more favourable to the market penetration of renewable energies, the penetration of renewable energies, the preparation of appropriate legislation to preparation of appropriate legislation to promote an environment favourable to promote an environment favourable to investment and better methods which investment and better methods which make it possible to evaluate the costs make it possible to evaluate the costs and benefits that are not reflected in the and benefits that are not reflected in the market price; market price; (b) pilot actions of interest to the (b) pilot actions of interest to the Community aimed at creating or Community aimed at creating or extending structures and instruments extending structures and instruments for the development of renewable for the development of renewable energy sources in: energy sources in: local and regional planning, local and regional planning; the tools for planning, design and the tools for planning, design and evaluation; evaluation; new financial products and market new financial products and market instruments; instruments; A y (c) measures intended to develop (c) measures intended to develop information, education and training information, education and training structures; measures to encourage the structures; measures to encourage the exchange of experience and know-how exchange of experience and know-how aimed at improving coordination aimed at improving coordination between international. Community, between international. Community, national, regional and local activities, national, regional and local activities; establishment of a centralized system establishment of a centralized system for collecting, prioritizing and for collecting, prioritizing and circulating information and know-how circulating information and know-how on renewable energy sources, on renewable energy sources; (d) targeted actions facilitating the market (d) targeted actions facilitating the market penetration of renewable energy penetration of renewable energy sources and relevant know-how, in sources and relevant know-how, in order to facilitate the transition from order to facilitate the transition from demonstration to marketing, and demonstration to marketing, and encouraging investment, by advising on encouraging investment, by advising on the preparation and presentation of the preparation and presentation of projects and their implementation; projects and their implementation; (e) monitoring and evaluation actions (e) monitoring and evaluation actions intended to: intended to: monitor the implementation of the monitor the implementation of the Community strategy and action plan Community strategy and action plan for the development of renewable for the development of renewable energy sources; energy sources; support initiatives taken in support initiatives taken in implementing the Action Plan, implementing the Action Plan, / IC particularly with a view to particularly with a view to promoting better coordination and promoting better coordination and greater synergy between actions, greater synergy between actions, including all Community funded including all Community funded activities and those funded by other activities and those funded by other bodies such as the European bodies such as the European Investment Bank, Investment Bank, monitor the progress achieved by monitor the progress achieved by the Community and comment on the Community and comment on that achieved by the Member States that achieved by the Member States with regard to the development of with regard to the development of renewable energy sources; renewable energy sources. evaluate the impact and cost evaluate the impact and cost effectiveness of actions and effectiveness of actions and measures undertaken under this measures undertaken under this programme This evaluation shall programme. This evaluation shall also take into account the also take into account the environmental and social aspects, environmental and social aspects, including the effects on including the effects on employment. employment. Article 3 Article 3 1. All costs relating to the actions and I All costs relating to the actions and measures referred to in Article 2( I )(a), (c) measures referred to in Article 2( 1 )(a), (c) and (e) shall be borne by the Community. and (e) shall be borne by the Community. Where a body other than the Commission Where a body other than the Commission proposes a measure covered by (c), the proposes a measure covered by (c), the Community's financial contribution shall not Community's financial contribution shall not exceed 50% of the total cost of the measure, exceed 50% of the total cost of the measure; 0 4 the balance may be defrayed by public or the balance may be defrayed by public or private sources or a combination of the two private sources or a combination of the two. 2. The level of funding under the programme 2. The level of funding under the programme for the actions and measures referred to in for the actions and measures referred to in Article 2( 1 )(b) shall not exceed 50% of their Article 2( 1 )(b) shall not exceed 50% of their total cost; the balance may be defrayed by total cost, the balance may be defrayed by public or private sources or a combination of public or private sources or a combination of the two. the two 3 The level of funding under the programme 3 The level of funding under the programme for the actions and measures referred to in for the actions and measures referred to in Article 2( 1 ){d) shall be established annually Article 2( 1 )(d) shall be established annually for each of the targeted actions in accordance for each of the targeted actions in accordance with Article 4(2). with Article 4(2). Article 4 Article 4 1. The Commission shall be responsible for 1 The Commission shall be responsible for the financial execution and implementation of the financial execution and implementation of the programme. It shall also ensure that the programme It shall also ensure that actions under the programme are subject to actions under the programme are subject to prior appraisal, monitoring and subsequent prior appraisal, monitoring and subsequent evaluation which, on completion of the evaluation which, on completion of the project, shall include assessment of impact, projecl, shall include assessment of impact, extent of implementation and whether the extent of implementation and whether the original objectives have been achieved The original objectives have been achieved. The Commission shall ensure that the selected Commission shall ensure that the selected beneficiaries submit reports to -he beneficiaries submit reports to the Commission at least on a six-monthly basis Commission at least on a six-monthly basis or, in the case of projects lasting less than one or, in the case of projects lasting less than one year, at the halfway point and on completion. year, at the halfway point and on completion. The Commission shall keep the committee The Commission shall keep the committee provided for in Article 5 informed of the provided for in Article 5 informed of the development of projects development of projects 2. The conditions and guidelines to be 2 The conditions and guidelines to be applied for the support of the actions and applied for the support of the actions and measures referred to in Article 2( I ) shall be measures referred to in Article 2( I ) shall be defined each year taking into account defined each year takinu into account: (a) the priorities set out by the Community (a) the priorities set out by the Community and the Member States in their and the Member States in their programmes for the promotion of programmes for the promotion of renewable energy sources, renewable energy sources; (b) criteria relating to the cost effectiveness (b) criteria relating to the cost effectiveness and development potential of renewable and development potential of renewable energy sources and their impact on energy sources and their impact on employment and the environment, in employment and the environment, in particular the reduction of C02 particular the reduction of CO2 emissions; emissions; (c) for the actions referred to in Article (c) for the actions referred to in Article 2(1 )(d), the relative cost of the 2( 1 )(d), the relative cost of the assistance, the long-term commercial assistance, the long-term commercial viability, the new production capacity viability, the new production capacity expected to arise and the extent of expected to arise and the extent of transregional and/or transnational transregional and/or transnational benefits; benefits; (d) the principles established in Article 92 (d) the principles established in Article 92 of the Treaty and the relevant of the Treaty and the relevant 13 Community guidelines on Slate aid for Community guidelines on State aid for environmental protection environmental protection The committee provided loi in Article 5 shall The committee provided for in Article 5 shall assist the Commission in defining these assist the Commission in defining these conditions and miidclincs conditions and guidelines Article 5 Article •> The Commission shall be assisted by a Tin- Commission shall be assisted by a committee composed of representatives of the committee composed of representatives of the Member States and chaired by the Member States and chaired by the representative of the Commission representative of the Commission The representative of the Commission shall The representative of the Commission shall submit to the committee a draft of the submit to the committee a draft of the measures to be taken The committee shall measures to be taken The committee shall deliver its opinion on the draft, within a dchvci its opinion on the draft, within a time-limit which the chairman may lay down time-limit which the chairman may lay down according to the urgency of the matter The according to the urgency of the matter The opinion shall be delivered by the majority laid opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the down in Article 148(2) of the Treaty in the case of decisions which the Council is case of decisions which the Council is required to adopt on a proposal from the required to adopt on a proposal from the Commission The votes of the representatives Commission The votes of the representatives of the Member States within the committee of the Member States within the committee shall be weighted in the manner set out in that shall be weighted in the manner set out in that Article The chairman shall not vote Article The chairman shall not vote The Commission shall adopt measures which The Commission shall adopt measures which shall apply immediately However, if these shall apply immediately. However, if these measures are not in accordance with the measures are not in accordance with the Zc opinion of the committee, they shall be opinion of the committee, they shall be communicated by the Commission to the communicated by the Commission to the Council forthwith In that event Council forthwith In that event: (a) the Commission may defer application (a) the Commission may defer application of the measures which it has decided for of the measures which it has decided for a period of not more than one month a period of not more than one month from the date of such communication, from the date of such communication; (b) the Council, acting by a qualified (b) the Council, acting by a qualified majority, may take a different decision majority, may take a different decision within the time-limit referred to in point within the time-limit referred to in point (a). Article 6 (a) Article 6 I During the second year of the I During the second year of the programme, the Commission shall present a programme, the Commission shall present a report to the European Parliament, the report to the European Parliament, the Council, the Economic and Social Committee Council, the Economic and Social Committee and the Committee of the Regions on the and the Committee of the Regions on the measures taken to promote renewable energy measures taken to promote renewable energy sources at the level of the Community and of sources at the level of the Community and of the Member States, with reference in the Member States, with reference in particular to the objectives set out in particular to the objectives set out in Article 1. That report shall be accompanied Article I That report shall be accompanied by proposals for any amendments to the by proposals for any amendments to the programme which may be necessary in the programme which may be necessary in the light of those results. light of those results. 2. On the expiry of the programme, the 2 On the expiry of the programme, the Commission shall assess the results obtained Commission shall assess the results obtained 2 1 from the application of this Decision on the from the application of this Decision on the basis of a report by independent experts and basis of a report by independent experts and the consistency of national and Community the consistency of national and Community actions It shall present a report thereon to actions It shall present a report thereon to the European Parliament, the Council, the the European Parliament, the Council, the Economic and Social Committee and the Economic and Social Committee and the Committee of the Regions Committee of the Regions Article 7 Article 7 The programme shall be open to participation The programme shall be open to participation by associated ("entrai and Eastern European by associated Central and Eastern European countries (CEEC) in accordance with the countries (CEEC) in accordance with the conditions, including financial provisions, laid conditions, including financial provisions, laid down in the additional protocols to the down in the additional protocols to the Association Agreements, or in the Association Agreements, or in the Association Agreements themselves, relating Association Agreements themselves, relating to participation in Community programmes to participation in Community programmes The programme shall also be open to The programme shall also be open to participation by Cyprus on the basis of participation by Cyprus on the basis of additional appropriations, under the same additional appropriations, under the same rules as those applied to E1TA/EEA rules as those applied to EFTA/EEA countries, in accordance with procedures to countries, in accordance with procedures to be agreed with that country be agreed with that country. Article 8 Article 8 This Decision shall apply from 1 January 1998 This Decision shall apply from I January 1998 until the entry into force of the multiannual until the entry into force of the multiannual framework programme for measures in the framework programme for measures in the energy sector and until 31 December 1999 at energy sector and until 31 December 1999 at the latest. the latest. 2^ Article 9 Article 9 This Decision is addressed to the Member This Decision is addressed to the Member States. States Done at Brussels, For the Council The President Done at Brussels, loi the Council The President I < ISSN 0254-1475 COM(98) 301 final DOCUMENTS EN 12 14 10 01 Catalogue number : CB-CO-98-300-EN-C ISBN 92-78-35943-2 Office for Official Publications of the European Communities L-2985 Luxembourg z 1