# CE2004084EN.01087901.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/879 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/879

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(2004/C 84 E/0973)

WRITTEN QUESTION E-0782/04

by Michl Ebner (PPE-DE) to the Commission

(11 March 2004)

Subject:   Liberalisation of the electricity market — special protective provisions

Subject:

As part of the liberalisation of the electricity market, and in line with the principle of freedom of establishment, particular consideration should be given to whether customised provisions need to be put in place for mountain regions, with the highest priority being accorded to the environmental sustainability of such areas. These particular legislative measures should be clearly reflected in the conditions for granting or renewing licences for river diversions for the purpose of electricity generation, and in the introduction of specific mandatory checks relating to the administration of such licences.

In the framework of the aforementioned liberalisation process, does the Commission consider the introduction of protective provisions for certain ‘sensitive’ areas to be justified?

Answer given by Mrs Wallström on behalf of the Commission

(28 April 2004)

(28 April 2004)

The EU has developed comprehensive legislation for water policy, the Water Framework Directive (1).

1

This Directive:

| — | addresses all waters (rivers, lakes, groundwater and coastal waters); |
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addresses all waters (rivers, lakes, groundwater and coastal waters);

| — | addresses all sources of human impact on water (including ‘inter alia’ the generation of electricity by thermic power plants or hydroelectric power plants); |
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addresses all sources of human impact on water (including ‘inter alia’ the generation of electricity by thermic power plants or hydroelectric power plants);

| — | sets the legally binding objective of good status for all waters to be achieved/maintained by 2015 as a rule, linked to a non-deterioration clause; |
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sets the legally binding objective of good status for all waters to be achieved/maintained by 2015 as a rule, linked to a non-deterioration clause;

| — | requires full consideration of specially protected areas (e.g. nature protection areas, drinking water abstraction areas, bathing areas); |
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requires full consideration of specially protected areas (e.g. nature protection areas, drinking water abstraction areas, bathing areas);

| — | submits all relevant impacts on waters (e.g. abstractions, impoundments, river diversions as well as discharges) to a permit procedure. These controls/permits shall be periodically reviewed and where necessary updated. |
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submits all relevant impacts on waters (e.g. abstractions, impoundments, river diversions as well as discharges) to a permit procedure. These controls/permits shall be periodically reviewed and where necessary updated.

Implementation of the Directive is following a step-by-step approach, with legal transposition into national legislation to be ensured by 22 December 2003 (new Member States: 1 May 2004), first analysis of pressures and impacts by 22 December 2004, followed by development of river basin management plans under full public participation, to be finalised by 22 December 2009.

The Commission considers that implementation of this Directive not only will ensure good quality (‘good status’) of waters, but also a sound and predictable basis for technical, financial and political decisions, thus providing for a level playing field whilst respecting the different hydrological and environmental conditions in different regions of the Union as well as specially protected areas. This is also reflected in the binding principle that the environmental objectives of ‘good status’ has to be derived from the conditions of pristine waters in the respective region, thus requiring a tailor-made objective based on clear provisions. Whilst the Directive is already setting an ambitious environmental objective, the EC Treaty stipulates that Member States may introduce or maintain even more stringent protection measures (2).

2

Implementation of the Directive has been complemented by comprehensive efforts of the Commission, Member States (including new Member States), non-governmental organisations and stakeholders in the frame of a common implementation strategy since 2001.

The Water Framework Directive and its provisions outlined above will apply to the new Member States to join the EU on 1 May 2004 as it does for current Member States; there are no transition periods.

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(1)  Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000.

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(2)  Article 176 of the EC Treaty, consolidated version of the Treaty on European Union and of the Treaty establishing the European Community, OJ C 325, 24.12.2002.

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