| | 31993L0038: u2-3.3-4Prior concessions    
| 31993L0038 - Utilities (2nd generation) | Article 3.3-4 | 3. As regards individual concessions or authorizations granted before the date on which Member States apply this Directive in accordance with Article 45, paragraph 1 (a), (b) and (c) shall not apply, provided that at that date other entities are free to seek authorization for the exploitation of geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels, on a non-discriminatory basis and in the light of objective criteria. Paragraph 1 (d) shall not apply as regards conditions or requirements established, applied or amended before the date referred to above.
4. A Member State which wishes to apply paragraph 1 shall inform the Commission accordingly. In so doing, it shall inform the Commission of any law, regulation or administrative provision, agreement or understanding relating to compliance with the conditions referred to in paragraphs 1 and 2.
The Commission shall take a decision in accordance with the procedure laid down in Article 40 (5) to (8). It shall publish its decision, giving its reasons, in the Official Journal of the European Communities.
It shall forward to the Council each year a report on the implementation of this Article and review its application in the framework of the report provided for in Article 44. | | 31990L0531 - Utilities (1st generation) | Article 3.3-4 | 3. As regards individual concessions or authorizations granted before the date on which Member States apply this Directive in accordance with Article 37, paragraphs 1 (a), (b) and (c) shall not apply, provided that at that date other entities are free to seek authorization for the exploitation of geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels, on a non-discriminatory basis and in the light of objective criteria. Paragraph 1 (d) shall not apply as regards conditions or requirements established, applied or amended before the date referred to above.
4. A Member State which wishes to apply paragraph 1 shall inform the Commission accordingly. In doing so, it shall inform the Commission of any law, regulation or administrative provision, agreement or understanding relating to compliance with the conditions referred to in paragraphs 1 and 2.
The Commission shall take a decision in accordance with the procedure laid down in Article 32 (4) to (7). It shall publish its decision, giving its reasons, in the Official Journal of the European Communities.
It shall forward to the Council each year a report on the implementation of this Article and review its application in the framework of the report provided for in Article 36. | | 31994L0022 - Amendment of Utilities (1st generation) | Article 12=U1-3.5 | Article 12
The following paragraph shall be added to Article 3 of Directive 90/531/EEC:
5. As regards the exploitation of geographical areas for the purpose of prospecting for or extracting oil or gas, paragraphs 1 to 4 shall apply as follows from the date on which the Member State concerned has complied with the provisions of the European Parliament and Council Directive 94/22/EC of 30 May on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (*):
(a) the conditions laid down in paragraph 1 shall be considered to be satisfied with effect from that date without prejudice to paragraph 3;
(b) with effect from that date, the Member State referred to in paragraph 4 shall be required to communicate only the provisions relating to compliance with the conditions referred to in paragraphs 2 and 3.
(*) OJ No L 164, 30. 6. 1994, p. 3. |
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