La biomasse, activité alternative au développement des zones rurales

I- The Community framework

Before being interested in the biomass and the rural world, it important to define the Community framework and to see which are the Community provisions about the energy provisioning and of the common agricultural policy, center piece of European agriculture.

1- The European energy policy

The community was badly prepared to face the worrying situation following « oil crises » successive, with the incidences on the international and Community system economic and monetary, with the Community attempts to reduce the dependence with regard to imported oil. Indeed, during the signature of the Community treaties, it was practically self-sufficing as regards energy and hoped to replace its traditional energy, coal, by a new energy : atomic energy. Reality was quite different from the forecasts because, in the Sixties, it is the oil which had a spectacular success. It is thus since 1974, following the first « oil crisis », that the Community laid down objectives and started to take measures to reduce its dependence with regard to the oil imports and it is starting from this date that one sees being woven a Community energy policy.

This policy is important, energy is an essential parameter in the economic activity and the social life of the industrialized countries. The cost of energy affects not only industries, large consuming energy, but also the cost of living of the citizens, because in particular of the impact of the prices of energy on the heating and costs of transport. « While respecting the principle of subsidiarity and the requirements of the environment, the European policy of energy aims, therefore, at influencing the production and the use of energy with an aim of ensuring the economic growth and the wellbeing of the citizens of the Union »^1(*). It must, on the one hand, guarantee the correct operation of the single market of the goods and the energy services and, on the other hand, ensure the energy policy. This European policy articulates goshawks of two axes then : the operation of the domestic market of energy and the safety of the energy provisioning.

a) The operation of the domestic market of energy

Far from ignoring the energy policy, the fathers founders of the community devoted two of the three European treaties to him : the ECSC Treaty, for coal and Euratom Treaty, for the nuclear energy. Having laid down the policy to be followed in these two fields, they considered their task achieved in the energy sector and this is why they did not give a responsibility to the institutions of the Community with regard to the other sources of energy.

Rather turned towards a policy of « every man for himself », the governments of the Six all the same took a step ahead while approving, in April 1964, a draft-agreement relating to the energy problems^2(*) , in which they affirmed their will to continue their efforts to work out and implement a Community energy policy.

The full application to the energy of the Community legislation of the domestic market, and in particular of all its provisions relating to freedom of movement of the products and the services, to the monopolies, the companies and the State aid, constitutes one of the essential means to arrive to a market of energy integrated better. The opening of the markets of energy, by the lifting of the barriers of public or private origin and by the implementation of common rules can ensure the availability of energy the most economic conditions for the user, who it is of industry or the private consumer. Indeed, an open market where the purchasers can choose freely, on the one hand the form of desired energy and on the other hand, the most effective suppliers, can generate keen prices. « The integration of the markets east thus fundamental for the competitiveness of the economy of the EU and for the wellbeing of its citizens »^3(*). However this integration is not reached yet in the energy sector, because the Member States evoke the security of supply and the diversity of their energy situation to preserve their different monopolies and their lawful frameworks. The introduction of competition into the sectors where remain of the monopolies could play a paramount part for the integration of the markets and the competitiveness of the economy of the EU.

* ¹ NR. Moussis, Access to the European Union, p 340

* ² Official Journal L69 of the 30.04.1964

* ³ NR. Moussis, Access to the European Union, p345