OPINION OF THE COMMISSION pursuant to Article 189b (2) (a) of the EC Treaty on the European Parliament's second reading of the Council's Common Position for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE concerning common rules for the internal market in electricity
Date: 1996-12-12
Institutions: European Commission
Subjects: electrical energy, energy policy, liberalisation of the market, single market

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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Brussels,  12 12.1996 
COM(96) 710 final  - COD 384 

OPINION OF THE  COMMISSION 
pursuant to  Article 189b (2) (a) of the EC Treaty 
on the European Parliament's second reading of 
the Council's Common Position for a 
EUROPEAN  PARLIAMENT AND COUNCIL  DIRECTIVE 
concerning common rules for the internal market in electricity 

EXPLANATORY  MEMORANDUM 

The present proposal for a Directive is based on Article 57 (2), Article 66 and Article 
100a of the EC Treaty.  Article 100a requires the co-decision procedure of Article 189b 
of the Treaty. 

The  Commission  presents  its  Opinion  on  the  second  reading  of  the  European 
Parliament. 

1. 

STATE OF THE  PROCEDURE 

The proposal for a Council Directive concerning common rules for the internal 
market  in electricity was  presented  by the  Commission  on 21  February  1992 
(COM(91) 548 final - SYN384). 

The  European  Parliament  gave  its  opinion  in  first  reading  on  17  November 
1993.  It proposed  numerous  amendments. 

The  Economic  and  Social  Committee  gave  its opinion on 27  January  1993. 

The Commission presented an amended proposal for a European  Parliament 
and Council  Directive  on 7  December  1993 (COM(93)643 final -COD 384). 

The Commission  presented two working papers, the first on the  Organisation 
of the Internal Electricity  Market of 22 March 1995 (SEC(95)464 final) and the 
second  on  Small and very  small  electricity  systems  in the  Internal  Electricity 
Market  of  10 May  1995(SEC(95) 685 final). 

The European Parliament commented on the second working paper of 10 May 
1995 in its report  of 7  February  1996 (PE 215.270/def) . 

The Council of the European Union has adopted a Common Position on 25 July 
1996  (Doc.  8811/96 ENER  105). 

The  Commission  accepted  this  common  position  on  26  July  1996  (SEC(96) 
1409 final -COD  384),  and  informed the  European  Parliament  of  its opinion. 

The European Parliament voted on the second reading on 11 December 1996, 
adopting a favourable resolution which included no amendments to the common 
position. 

2. 

FIELD OF  APPLICATION 

The present proposal for a Directive applies to the production, transmission and 
distribution of electricity.  It aims at ensuring the introduction of competition to 
the electricity sector, creating more efficiency, strengthening security of supply 
and  providing  equal  access  for  all  producers  and  eligible  customers  to  this 
sector.  The  proposal  is  part  of  the  second  phase  of  the  effort  of  the 
Commission to establish the internal energy market and as such represents an 
intermediate phase towards full liberalisation of the electricity sector.  It will be 
followed  by further  measures  promoting  market opening. 

3. 

THE  COMMISSION'S  OPINION  ON  THE  EUROPEAN  PARLIAMENTS 
SECOND  READING 

The Commission welcomes the fact that the European Parliament did not adopt 
any amendments on the common position of the Council in its second reading 
of  11 December  1996. 

The  Commission  invites  the  Council  to  definitively  adopt  the  Directive  in 
question  in accordance with the common position. 

ISSN 0254-1475 

COM(96) 710 final 

DOCUMENTS 

EN 

10  12 

Catalogue number  : CB-CO-96-722-EN-C 

ISBN 92-78-13937-8 

Office for Official  Publications of the European Communities 

L-2985  Luxembourg 

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