# CE2004084EN.01037702.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/377 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/377

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(2004/C 84 E/0438)

WRITTEN QUESTION E-0365/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject:   Separation of Accounts Directive

Subject:

What reply, if any, did the Commission receive from the Irish Government in response to the reasoned opinion that it sent to Ireland and five other Member States in June 2002 (as announced in Commission press release IP/02/944) in relation to the Separation of Accounts Directive — Commission Directive 2000/52/EC (1)?

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Answer given by Mr Monti on behalf of the Commission

(8 March 2004)

(8 March 2004)

Ireland replied to the reasoned opinion issued by the Commission on 26 June 2002 by letter of 26 August 2002. In its reply, Ireland stated that it is in substantial compliance with Commission Directive 2000/52/EC of 26 July 2000 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings, other than in relation to the requirement to inform the Commission of the relevant provisions.

More specifically, Ireland further confirmed that the above-mentioned Directive has been brought to the attention of all relevant State bodies to whom the Directive applies, which were therefore aware of the Directive and of the necessity to comply with it.

According to the Irish authorities all such bodies were complying fully with its provisions, with the exception of the following:

| — | The Córas Iompair Éireann (CIE) Group was not expected to be compliant until 2003. |
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The Córas Iompair Éireann (CIE) Group was not expected to be compliant until 2003.

| — | In relation to Radio Telefis Éireann (RTE), the legislation enacted in 2001 imposed requirements on RTE and gave powers to the relevant Minister with regard to the separation of accounts by RTE along the lines required by the Directive. These include a provision which sought to clarify the public service remit of RTE and the manner in which licence fee revenue may be used and accounted for, a requirement that licence fee revenue or income generated from public service broadcasting services must not be used by RTE to provide commercial channels as well as a requirement to keep separate accounts in that regard. Finally, Ireland concluded that RTE was in the process of making changes to its accounting systems, which should facilitate compliance with the Directive. |
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In relation to Radio Telefis Éireann (RTE), the legislation enacted in 2001 imposed requirements on RTE and gave powers to the relevant Minister with regard to the separation of accounts by RTE along the lines required by the Directive. These include a provision which sought to clarify the public service remit of RTE and the manner in which licence fee revenue may be used and accounted for, a requirement that licence fee revenue or income generated from public service broadcasting services must not be used by RTE to provide commercial channels as well as a requirement to keep separate accounts in that regard. Finally, Ireland concluded that RTE was in the process of making changes to its accounting systems, which should facilitate compliance with the Directive.

Ireland further stated that all private entities currently enjoying special or exclusive rights or being entrusted with the operation of services of general economic interest are covered by Article 4(2) of the Directive. For the future, Ireland stated that all Government Ministries have been made aware of the necessity to ensure that any bodies which may in the future be covered by the Directive are promptly made aware of the same and of the need to comply with its provisions.

The Commission considers that Ireland's letter does not meet the legal requirements that would allow the Commission to verify that Ireland has fully complied with its obligations. Indeed, Ireland was not able to identify the national legal acts implementing the Directive (full title and official publication references of the national act), including a full copy of the relevant measures.

As Ireland continued to be in breach of the implementation and notification requirements, the Commission was obliged to deliver an application pursuant to Article 226 of the EC Treaty to the Court of Justice (affaire C-99/03).

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(1)  OJ L 193, 29.7.2000, p. 75.

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