WRITTEN QUESTION E-0252/01

by Bart Staes (Verts/ALE) to the Commission

(8 February 2001)

Subject: Electrabel and energy-market liberalisation in the Flemish Region

EU Member States were required to transpose Directive 96/92 EC(1) concerning common rules for the internal market in electricity into national legislation by 19 February 1999.

The directive establishes a framework for progressively introducing competition into the electricity sector and lays down common rules for electricity production, transmission and distribution:

- general rules on the organisation and operation of the electricity sector;

- two options for introducing competition in production;

- two options for organising access to the network;

- transmission-network operation;

- distribution-network operation; and

- separate accounts for each activity (production, transmission, distribution), and transparency of accounts.

The Electrabel energy supplier is making cosmetic changes to its management structure as a means of retaining its hold on the electricity distribution network in the Flemish Region. Its approach serves only to enable Electrabel to comply formally with its obligations under the directive. But nothing would change in the situation on the ground, so that the objectives set by the directive would not be implemented in practice.

Is the Commission familiar with the Electrabel plan to retain its hold on the electricity distribution network in the Flemish Region by way of a new management structure that complies formally with its obligations under the directive but will in practice change nothing in the situation on the ground? If so, how will the Commission act to ensure that electricity distribution in the Flemish Region will comply with the obligations imposed by the directive? If not, will the Commission familiarise itself as quickly as possible with the Electrabel plan so as to prevent implementation of Directive 96/92 EC concerning common rules for the internal market in electricity from being made impossible from the outset in the Flemish Region?

(1) OJ L 27, 30.1.1997, p. 20.

Answer given by Mrs de Palacio on behalf of the Commission

(5 April 2001)

The Commission is responsible, under its general terms of reference, for the administration of Community law and, in this particular case, for the transposal by the national authorities of Directive 96/92/EC of the Parliament and of the Council concerning common rules for the internal market in electricity(1).

In this context, it monitors the transposal of the afore-mentioned Directive by the competent authorities. Accordingly the Commission addressed a letter of formal notice to the Belgian authorities in September 2000 plus a reasoned opinion adopted by Commission Decision of 21 December 2000.

The Belgian Government is responsible for ensuring the effective transposal of the Directive on its territory.

As regards separate accounts for each activity (production, transport and distribution), this is essential to the smooth running of the internal market. The Commission is therefore waiting for complete transposal, notably the appointment of a transmission network operator and the introduction of, as under current Community law, the unbundling of accounts and management.

(1) OJ L 27, 30.1.1997.