Brussels, 06/02/2014 (Agence Europe) - MEPs have broadly confirmed the 2010 regulation obliging member states to inform the European Commission of energy infrastructure projects. The scope of the draft legislation is nevertheless broadened to coal and investment in third country infrastructure that has a bearing on the energy networks in one or more member states.
The European Parliament has finally been able to have its say on Regulation 617/2010 concerning communication to the Commission of investment projects in energy infrastructure. The regulation was adopted in 2009 without going through to the co-decision procedure. MEPs then took the Council to the Court of Justice in October 2010, contesting the legal basis for the adoption of the regulation, and won the case. On 6 September 2012, the Court annulled the regulation but maintained its effects until the entry into force of a new regulation founded on the appropriate legal basis - Article 194 paragraph 2 of the TFEU. In March 2013, the Commission proposed a new regulation with the same content and scope - in other words, obliging member states to notify the Commission every two years of data and information on certain types of investment project for the construction, modernisation or removal from service of production capacities, of storage and transport of oil, natural gas, electricity, biofuels, and carbon dioxide produced from these sources. The objective remains the same - to guarantee that the Commission is regularly informed about investment projects in energy infrastructure in order to ensure that the internal energy market functions well. The Commission will have to produce an analysis every two years of the structural evolution and outlook of the EU energy system, and to detect any potential imbalances between supply and demand, and obstacles to investment.
On 4 February, the Parliament approved in plenary by a very large majority (572 votes in favour, 89 against and 18 abstentions) the resolution compiled by Adina-Ioana Valean (ALDE, Romania) which broadly confirms the new regulation but brings substantial amendments. The Parliament extends its scope of application to coal, and includes the communication of information on investment in third country infrastructure that has a bearing on the energy networks in one or more member states. It also adds the obligations of communicating information on capacity linked not only to liquefied natural gas but also compressed natural gas, lowers the threshold fixed for communicating information on onshore wind capacity, and extends the obligations of communicating information on capacity linked to electricity storage facilities. Lastly, the Parliament insists on strengthening the arrangements on the confidentiality of information and data security. (EH/transl.fl)