Explanatory Memorandum to COM(2006)850 - Energy statistics

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dossier COM(2006)850 - Energy statistics.
source COM(2006)850 EN
date 10-01-2007
1) CONTEXT OF THE PROPOSAL

3.

1.1. Grounds for and objectives of the proposal


The development of Community policy and legislation on energy highlights the need for comprehensive and comparable European statistics on a range of energy related issues. Directives with clear quantitative targets and deadlines on energy in the EU implicitly require the need of monitoring the energy situation in order to verify if and how well such goals are met.

The huge influence of energy transformation and consumption on our environment is bound to remain an issue of concern in the long-term future which emphasizes the requirement of accurate energy data. A correct and precise energy accountancy has become particularly relevant following the entry-into-force of the Kyoto Protocol on 16 February 2005 : our energy use is responsible for 80 % of the total EU emissions of greenhouse gases.

The proposal also takes into full consideration the cooperation of the Commission with the International Energy Agency (IEA) on energy statistics: the proposed data collection covers entirely the part that is shared with the IEA in the context of this cooperation.

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1.2. General context


At the Hampton Court Summit the Heads of State called for a European Energy Policy. In response to that the Commission prepares a package of measures as they are highlighted in the recent green paper on energy.

The availability of timely and reliable data on the energy situation in the EU is of paramount importance for succeeding in this objective. This importance justifies a stable, institutional basis for the collection of energy data which is at present still undertaken by voluntary agreements.

The subject proposal also takes attention to minimize the burden on enterprises : although this regulation does not reduce the existing burden, it does not add new obligations nor increase the existing scope of energy data collection in the EU. The objective of the proposed Regulation is therefore not to modify the statistical work that is already being done, but to provide a legal framework for it.

This legal framework is proposed at a time when Member States experience more and more difficulties in the subject data collection. The liberalisation of the energy market resulted i.a. in the appearance of large numbers of energy producers and resellers which made the data collection far more complex. This put the resources allocated to energy data collection under pressure, particularly since energy has remained one of the few unregulated statistical domains.

The fact that this market liberalisation also causes issues with commercial confidentiality makes it more difficult for Member States officials to perform their statistical work on the basis of a gentlemen's agreement.

In recent years, a general decline of the statistical quality (completeness, accuracy, timeliness) is being noticed. It is considered appropriate that initiatives be taken to underline the essential needs of reliable energy data i.a. by providing a regulated confirmation of the requirement for such important data collection work.

The significant recent increases of the energy prices have increased the awareness of the European citizens and policy makers on the complexity of our energy situation. Insight in this energy situation requires availability of accurate, timely and complete statistical data on energy.

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1.3. Existing provisions in the area of the proposal


Commission Recommendation 88/96/ECSC concerning coal statistics, expired together with the ECSC on 23 July 2002. Council Regulation (EC) No 2964/95 of 20 December 1995, introducing registration for crude oil imports and deliveries in the Community. The proposed Regulation includes these data in an aggregated manner and confidentiality problems which prevent timely dissemination are solved by the data collection to which this Regulation proposal refers. It has to be noted that, even if the present proposal does not cover energy prices, several legal provisions exist on energy prices. They are listed here for easy reference: Commission Decision 1999/566/EC of 26 July 1999 implementing Council Decision 1999/280/EC regarding a Community procedure for information and consultation on crude oil supply costs and the consumer prices of petroleum products. The proposed Regulation does not include the data referred to in this Decision. Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users.

- 1.4. Consistency with the other policies and objectives of the Union

Detailed reference to the extensive EU energy policies is made in the justification part of this proposal. The Kyoto protocol imposes high quality requirements on the inventory data of greenhouse gasses, for which energy consumption is extensively responsible. The EU policies on intelligent energy and on renewable energy require detailed quantitative monitoring to measure progress towards targets. Also the Community strategy for sustainable development includes important ambitions notably on the development of biofuels and other renewable fuels, the data of which are covered by this Regulation as well.

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2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT


7.

2.1 Consultation of interested parties


Consultation methods, main sectors targeted and general profile of respondents The subject proposal has been discussed in a work group meeting on 13-14 June 2005 in Luxembourg, by subsequent correspondence with the existing data providers of the Member States and during the meeting of 18-19 May 2006 of the Statistical Programme Committee.

Summary of responses and how they have been taken into account A very positive and supportive response has been noted.

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2.2. Collection and use of expertise


There was no need for external expertise.

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2.3. Impact assessment


The implementation of the proposed Regulation will have a limited impact on the Member States, because the described data collection is already carried out in its entirety on a voluntary basis.

This proposal is quite meaningful for environmental considerations because of the huge influence of the use of energy on the environment. Accurate and timely data on the energy situation in the EU will permit to draw a clear and quantitative picture of this impact and of the current trends.

The economic influence is limited. However, this proposal may contribute to supply a clearer picture on energy imports and exports as well as on production and consumption by type of fuel.

3)

1.

LEGAL ELEMENTS OF THE PROPOSAL



10.

3.1. Summary of the proposed action


The objective of this proposal for a Regulation of the European Parliament and the Council is to establish a common framework for the collection and compilation of Community statistics on energy production, imports and exports, transformation and consumption. This framework makes extensive use of the existing data collection and also of the cooperation at international level with other relevant organisations, so that a methodological uniformity and data comparability are guaranteed. The objective is therefore not to open a new statistical domain, but rather to provide a helpful legal basis for an existing, quite important effort of making reliable data available in a timely manner for Community policy on energy.

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3.2. Legal basis


Article 285 of the Treaty establishing the European Community provides the legal basis for Community statistics. The Council, acting in accordance with the codecision procedure, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Community. This Article sets out requirements relating to the production of Community statistics and requires conformity to standards of impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality.

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3.3. Subsidiarity principle


Since the objectives of the proposed action, namely establishing a common framework for the production, transmission, evaluation and dissemination of comparable energy statistics in the Community cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level on the basis of a Community legal act because only the Commission can coordinate the necessary harmonisation of statistical information at Community level, while the collection of data and compilation of comparable statistics on energy can be organised by the Member Sates, the Community may adopt measures, in accordance with the principle of subsidiary as set out in Article 5 of the Treaty.

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3.4. Proportionality principle


The proposal complies with the proportionality principle for the following reason(s).

In accordance with the principle of proportionality this Regulation confines itself to the minimum required to achieve this objective and does not go beyond what is necessary for that purpose. This Regulation does not legislate the data collection mechanisms for each Member State; it merely defines the energy data to be supplied in a harmonised structure and timing.

There is no obligation for the Member States to make any changes in their administrative systems related to the production of energy statistics. No new items are proposed for data collection in this Regulation beyond what is already being undertaken on a voluntary basis at EU level. It is appreciated that the legislation may, for some Member States, imply some developments or additions to their existing energy statistics systems. Eurostat will continue to work closely with the competent national authorities and will seek to minimise any potential difficulties caused by the implementation of this Regulation.

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3.5. Choice of instruments


Proposed instruments: regulation.

Other means would not be adequate for the following reason(s). In taking into account the particular characteristics of each type of legislative act as described in Article 249 of the EC Treaty, it may be suggested that Regulations are the most appropriate tool for the production of Community Statistics. In fact, almost all the requirements of statistics need direct and immediate execution in Member States. They generally concern specifically identified statistical units in the Member States, the objective being clear and immediately applicable and all the elements to be surveyed being specified in the act together with methodology, timing and periodicity. As such they are not in general dependant on national measures for harmonisation. National authorities, being concerned by the measures, simply have to apply them.

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2.

BUDGETARY IMPLICATION



The proposal has no implication for the Community budget.

15.

5) ADDITIONAL INFORMATION


16.

5.1. European Economic Area


The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.