WRITTEN QUESTION No. 2607/97 by Florus WIJSENBEEK to the Commission. Complaints about the Belgian system for imposing fines on road transport operators
Date: 1997-09-01
Institutions: European Parliament, WIJSENBEEK
Subjects: Belgium, EU law - national law, EU national, carrier, corruption, fine, offence, paramilitary force, road transport, services company

C 117/28

EN

Official Journal of the European Communities

16. 4. 98

(98/C 117/36)

WRITTEN QUESTION E-2602/97

by Ludivina Garc(cid:14)·a Arias (PSE) to the Commission

(1 September 1997)

Subject: Transition costs for the move towards increased competition in the Spanish electricity sector

The Spanish Government has come to an agreemnt with the electricity companies on the regulations governing
this sector. The agreement has resulted in a draft law which has initiated the necessary procedure.

The  draft  law  provides  for  aid  of  around  Ptas  2  billion  to  be  granted  to  the  electricity  companies  towards
transition costs for the move to increased competition.

Does  the  Commission  believe  that  the  granting  of  such  aid  complies  with  the  principles  and  procedures
concerning the transitional arrangements provided for in Article 23 of the directive on the internal market in
electricity?

Answer given by Mr Papoutsis on behalf of the Commission

(14 October 1997)

Directive 96/92/EEC of 19 December 1996 on common rules for the internal market in electricity (1) states in
Article 24 that (cid:145)those Member States in which commitments of guarantees of operation given before the entry
into force of this Directive may not be honoured on account of the provisions of this Directive may apply for a
transitional regime which may be granted to them by the Commission(cid:146). This permits Member States to derogate
temporarily  from  the  requirements  of  some  of  the  provisions  of  the  Directive  in  order  to  prevent  stranded
investments,  committed  in  the  past,  causing  major  difficulties  to  companies  when  adapting  to  the  new
competitive market. It should also be noted that, prior to the introduction of any such measures, the Member State
must apply and gain acceptance of the proposed measures by the Commission.

The system foreseen in the latest Spanish draft law of implementation, however, sets out the so-called system of
transition  to  competition  of  the  electricity  undertakings  in  order  to  ease  their  evolution  to  a  competitive
environment.  This  scheme  does  not  contemplate  any  exemption  from  the  application  of  the  provisions  of
Directive  96/92/EEC  to  the  electricity  undertakings  but  the  mere  possibility  of  granting  them  an  additional
payment above those they can obtain in the market during a fixed period so as to ensure their financial stability.
Thus, it does not appear, at the present stage, that the measures fall within the scope of Article 24.

Notwithstanding  this,  the  Commission  is  following  closely  the  process  of  implementation  of  Directive
96/92/EEC in Spanish law, in order to guarantee an exact application of its principles and provisions.

(1)  OJ L 27, 30.10.1997.

(98/C 117/37)

WRITTEN QUESTION E-2607/97

by Florus Wijsenbeek (ELDR) to the Commission

(1 September 1997)

Subject: Complaints about the Belgian system for imposing fines on road transport operators

Is  the  Commission  aware  that  the  system  for  imposing  fines  on  foreign  drivers  in  Belgium  is  particularly
discriminating in that, unlike Belgian drivers, they are required to pay fines on the spot?

This system is to be retained until national legislation has been brought into line with European legislation, even
although the European Court of Justice has ruled, in case C-29/95 › E. Pastoors and Trans-Cap GmbH vs the
Belgian State › of 23 January 1997, that this practice is completely contrary to European rules.

Netherlands road transport organizations recently brought a complaint before the European Commission against
the Belgian government calling for the Belgian system for imposing fines on foreign drivers to be abolished with
immediate effect.