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CYIL 7 ȍ2016Ȏ
3.
11. Last but not least, the visionary
Karl Neumeyer
mentioned
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the cases of
co-ordinated transterritorial administrative proceedings. It is a matter of fact that
the science of administrative law has not paid much attention to this interesting
phenomenon until now. Quite similar to other examples of transterritorial
administrative action, in this case also the EU law provides for new incentives. In
this respect Regulation (EU) 347/2013
77
provides for a competence of the national
administrative authorities to issue
coordinated decisions
on the allocation of investment
costs to be borne by each systemoperator for projects of common interest.
78
By virtue
of directly applicable EU law, the decision of competent national administrative
authority in one Member State has therefore direct transterritorial effect
vis-á-vis
another decision which is to be issued by a corresponding administrative authority
in other Member State(s). The Regulation also stipulates that, while issuing the
coordinated decisions, the competent national administrative authorities shall
“seek a mutual agreement.”
79
Further, the Regulation provides for publication of
the coordinated decisions. Last but not least, where the national administrative
authorities concerned have not reached an agreement on the investment request
within six months of the date on which the request was, they shall inform the
Agency for Cooperation of Energy Regulators without delay. In this case or
upon a joint request from the competent administrative authorities concerned,
the decision on the investment request shall be taken by the Agency within three
months of the date of referral to the Agency.
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a copy of all decisions, together
with all the relevant information with respect to each decision, shall be published,
without delay, by the Agency to the European Commission.
76
NEUMEYER, K.
Internationales Verwaltungsrecht, Vierter Band: Allgemeiner Teil,
Verlag für Recht und
Gesellschaft AG, Zurich, 1936, pp. 299
et seq.
77
Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on
guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and
amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009.
78
Within six months of the date on which the last investment request was received by the national regulatory
authorities concerned, the national regulatory authorities shall, after consulting the project promoters
concerned, take coordinated decisions on the allocation of investment costs to be borne by each system operator
for the project, as well as their inclusion in tariffs. The national regulatory authorities may decide to allocate
only part of the costs, or may decide to allocate costs among a package of several projects of common interest.
(Art. 12.1).
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In deciding to allocate costs across borders, the relevant national regulatory authorities, in consultation with
the TSOs concerned, shall seek a mutual agreement based on, but not limited to, the information specified in
paragraph 3(a) and (b).
(Art. 12.2).
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Before taking such a decision, the Agency shall consult the national regulatory authorities concerned and the
project promoters. The three-month period referred to in the second subparagraph may be extended by an
additional period of two months where further information is sought by the Agency. That additional period
shall begin on the day following receipt of the complete information
(Art. 12.3).