(Ordinary legislative procedure: first reading )

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0361),

–   having regard to the Council's consultation of Parliament (C7-0125/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3) and Article 194(1) and (2) of the Treaty on the Functioning of the EU,

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0016/2010),

1.  Adopts the position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194 (1) and (2) thereof,

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Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure(1)

Whereas:

(1)  The introduction of a common energy policy based on solidarity and aiming at securing the Union's energy supply, a transition towards a highly energy-efficient economy and the functioning of competitive energy markets based on solidarity and fair competition within the internal market is an objective which the Union has set itself.

(2)  Obtaining an overall picture of the development of investment in energy infrastructure in the Union is a prerequisite for the development of a European energy policy. It should enable the Commission to make the necessary comparisons, evaluations or to propose relevant measures based on appropriate figures and analyses, in particular concerning the future energy supply-demand balance. Any measures proposed or taken at Union level should be neutral and should not amount to interventions in the functioning of the market.

(3)  The energy landscape within and outside the Union has significantly changed in recent years and makes investment in energy infrastructure a crucial issue to be resolved with a view to securing the Union's energy security, in particular through energy efficiency and energy savings, identifying potential future gaps and/or surplus of energy supply and ensuring a regular supply of energy for the Union and the uninterrupted functioning of the internal market and the transition towards a highly energy-efficient economy the Union has embarked on.

(4)  The new energy context requires significant investment in all infrastructure, in particular in the renewable energy and energy efficiency sectors, as well as the development of new types of infrastructure and new technologies being taken up by the market. The liberalisation of the energy sector and the further integration of the internal market give a more prominent role to economic operators for investment and at the same time, new policy requirements such as targets affecting the fuel mix will alter Member States‘ policies towards new and/or modernised energy infrastructure.

(5)  Member States should for this purpose always consider reducing energy consumption in line with the EU's 20% target of energy efficiency, as the most cost-effective means of attaining its greenhouse gas (GHG) emissions reductions targets, and improving and building on existing infrastructure before investing in new infrastructure. Investment projects in energy infrastructure should be fully aligned with the 2020 target of at least 20% energy from sustainable renewable sources.

(6)  Given the new energy policy objectives and market developments, greater attention should be paid to priority investment in energy infrastructure in the Union, in particular with a view to anticipating problems with security of supply, promoting best practices and establishing greater transparency on the future development of interconnected energy systems in the Union.

(7)  The Commission and in particular its Market Observatory for Energy should therefore, with a view to providing the necessary guarantees for investment priorities, dispose of accurate data and information on current and future investment projects, including partial decommissioning in the most significant components of the EU energy system.

(8)  Data and information regarding foreseeable developments in production, transport and storage capacities and projects in the various energy sectors are important to future Union investment. It is therefore necessary to ensure that the Commission, and in particular its Market Observatory for Energy, is notified of investment plans and projects on which work has started or is scheduled to start within five years and those which aim at taking infrastructure wholly or partially out of commission within three years.

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(9)  In order for the Commission to dispose of a consistent view of the future developments of the whole EU energy system, a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the Member States is necessary.

(10)  Information obtained by the Commission pursuant to this Regulation may be used to monitor compliance by Member States within the framework of specific EU legislation, notably Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources(2).

(11)  Member States should for this purpose notify to the Commission data and information on investment projects in energy infrastructure concerning production, storage and transport of oil, ▌gas, coal, renewable energy, electric power, as well as major projects of district heating and cooling and carbon dioxide capture, transport and storage planned or under construction in their territory, including interconnections with third countries. The undertakings concerned should be under an obligation to notify to the Member State the data and information in question, in order to enable the Commission to monitor the EU energy infrastructure. The Member States and the Commission should be obliged to ensure the confidentiality of the data provided by undertakings.

(12)  Given the time horizon of investment projects in the energy sector, reporting every two years should be sufficient.

(13)  With a view to avoiding a disproportionate administrative burden and minimising costs for Member States and undertakings, in particular for small and medium-sized enterprises, this Regulation should allow Member States and undertakings to be exempted from reporting obligations, provided that equivalent and comparable information is supplied to the Commission pursuant to EU energy sector specific legislation, adopted by institutions of the European Union and aiming at achieving the objectives of competitive EU energy markets, of sustainability of the EU energy system and of the security of energy supply to the European Union. Any duplication of reporting requirements specified in the third energy liberalisation package (Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity(3), Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas(4), Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators(5), Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity(6) and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks(7)) should therefore be avoided. The Commission should clarify the application of this exemption in order to truly ease the reporting burden and to clarify the content, format and timing of the reporting obligations, the person or bodies who are subject to those obligations and those who are responsible for administering the reporting system.

(14)  Member States, the entity to which they delegate or, where appropriate, the bodies entrusted with EU energy sector-specific investment plans, should ensure the quality, relevance, accuracy, clarity, timeliness and coherence of the data and information notified to the Commission, whilst ensuring the confidentiality of commercially sensitive data and information.

(15)  To process data as well as to simplify and secure data notification, the Commission and in particular its Market Observatory for Energy should be able to take all appropriate measures to that effect, in particular the operation of integrated IT tools and procedures. The Commission should ensure that such IT resources guarantee the confidentiality of the data and information notified to the Commission.

(16)  The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(8), while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(9). This Regulation leaves those provisions unchanged.

(17)  Access to environmental information is governed by Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on theapplication of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies(10),as well asby Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(11). This Regulation leaves those provisions unchanged.

(18)  The Commission and in particular its Market Observatory for Energy should provide a regular and cross-sector analysis of the structural evolution and perspectives of the EU energy system and, where appropriate, a more focused analysis of certain aspects of that energy system; such an analysis should complement national approaches, develop regional dimensions and, in particular, contribute to enhancing energy security by identifying possible infrastructure and investment gaps and associated risks with a view to a long-term energy supply and demand balance. That analysis should also contribute to a continuous debate at EU level about the need for energy infrastructures and therefore should be forwarded to interested parties for discussion.

(19)  Small and medium-sized enterprises should be able to benefit from monitoring and reporting on energy investment projects resulting from this Regulation through which the data collected will be made publicly available and, in the long term, will contribute to new and better coordinated investment trends.

(20)  The Commission may be assisted by experts from Member States or any other competent experts; with a view to developing a common understanding of potential infrastructure gaps and associated risks and to fostering transparency regarding future developments which is of particular interest for new market entrants.

(21)  The technical measures, including supplementary technical definitions, necessary for the implementation of this Regulation, should be adopted by the Commission.

(22)  Given the amendments necessary to adapt it to today's energy challenges and for the sake of clarity, Council Regulation (EC) No 736/96(12) should therefore be repealed and replaced by a new Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1.  This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, ▌gas, coal, renewable energy and electricity ▌sectors, and on major investment projects related to district heating and cooling and related to the capture and storage of carbon dioxide produced by these sectors.

2.  This Regulation also applies to EU undertakings which invest in energy infrastructure projects in third countries which are directly connected to or impact on the energy networks of one or more Member States.

3.  This Regulation shall apply to the types of investment projects listed in the Annex, on which construction has started or is scheduled to start within five years or which are scheduled to be taken out of operation within three years.

Article 2

Definitions