WRITTEN QUESTION E-0001/00 by Brigitte Langenhagen (PPE-DE) to the Commission. Implementation of access to the grid under EU Directive 96/92/EC of 19 December 1996 ‐ transmission conditions for independent power suppliers.
Date: 2000-01-19
Institutions: European Parliament, Provisional data
Subjects: directive (EU), dominant position, electrical industry, energy grid, energy supply, liberalisation of the market, restriction on competition, single market

21.11.2000

EN

Official Journal of the European Communities

C 330 E/65

Clearly all these issues are relevant in any consideration by the Commission of a transitional regime, as by
definition any state aid examination must take fully into account all relevant legal and factual circum-
stance.

(1) OJ L 27, 30.1.1997.

(2000/C 330 E/071)

WRITTEN QUESTION E-0001/00

by Brigitte Langenhagen (PPE-DE) to the Commission

(19 January 2000)

Subject: Implementation of access to the grid under EU Directive 96/92/EC of 19 December 1996 (cid:129)

transmission conditions for independent power suppliers

The conditions governing access to the grid in Germany are currently being examined to see whether they
are compatible with the internal market rules.

Is the objective of Directive 96/92/EC (1), namely to give power suppliers non-discriminatory access
1.
to the grid, achieved by agreements on transmission fees between German power corporations and interest
groups?

2. What fees are regarded as compatible in a Union context?

How does the Commission assess the actual cost structures of the grid operators; does it, for

3.
example, require them to disclose these structures?

Does the Commission not agree that unjustifiably high fees offer scope for cross-subsidisation and

4.
the shifting of costs in integrated electricity undertakings, and thus distortion of competition?

5.
Does it not share the view that, through the level of fees they charge, old-established energy supply
companies might take advantage of their natural monopoly grid to exclude new competitors as far as
possible?

6. What does the Commission intend to do to ensure that new power suppliers have free and
transparent access to the market?

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

Answer given by Mrs de Palacio on behalf of the Commission

(1 March 2000)

the Verbaendevereinbarung (VV)

The Commission has made a first analysis of

to which the
1.
Honourable Member refers. The Member of the Commission responsible for competition wrote to the
German associations describing the findings. The letter contains a number of elements, particularly with
respect to the potential discrimination that results and which raises serious issues of compatibility with the
competition rules of the EC Treaty. The Director-general for energy and transport wrote to the German
authorities outlining the potential non-conformity of some aspects of the VV with Directive 96/92/EC of
the Parliament and the Council of 19 December 1996 concerning common rules for the internal market in
electricity.

In the framework of the Florence Regulatory Forum where Member States, regulators, the Association
2.
of European transmission system operators (ETSO), consumers and industry are represented, agreement
has been reached that transmission fees giving access to the interconnected Community network will be
independent of the commercial transactions in which the network users may engage. These fees should
therefore not be based on individual transactions, but should be based on a calculation of the effective use
of the network, the net physical flows.

C 330 E/66

Official Journal of the European Communities

EN

21.11.2000

Directive 96/92/EC obliges transmission system operators (TSOs) either to publish the tariffs for
3.
access to the network, where regulated third party access exists, or to publish indicative tariffs for the use
of the network in the case of negotiated third party access.

4.
The Commission agrees with the Honourable Member and insists on fees being non-discriminatory.
Under Article 7,5 of the Directive TSOs may not discriminate between users of the network, particularly in
favour of their shareholders or subsidiaries.

The Commission agrees and has pointed out this risk of abuse of dominant position on the part of

5.
the incumbent German electricity utilities in the letters that have been sent.

6.
As mentioned under 1) the Commission has outlined its doubts as to the conformity of some aspects
of the Verbaendevereinbarung with the Electricity Directive, and its doubts as to compatibility with the
competition rules of the EC Treaty. It is clear the VV must guarantee a free and transparent market access
to all players.

(2000/C 330 E/072)

WRITTEN QUESTION E-0003/00

by Roberta Angelilli (UEN) to the Commission

(19 January 2000)

Subject: Excise duties on wine in Ireland

With reference to the answers given by Nino Gemelli, chairman of the Committee on Petitions, and by the
Commission on the subject of Petition No 1229/97 submitted by Mr Paris Cugini, an Italian citizen, on
excise duties on wine in Ireland, can the Commission say:

1. whether it has questioned the Irish authorities;

2. whether there have been any new developments?

Answer given by Mr Bolkestein on behalf of the Commission

(15 February 2000)

In response to Petition No 1229/97 submitted by Mr Paris Cugini, raising the possibility that Irish excise
duties discriminate against wine and in favour of beer, the Commission contacted the Irish authorities to
request clarification of this matter.

Subsequently, in the context of infringement proceedings as defined in article 226 (formerly article 169) of
the EC Treaty, the Commission sent a reasoned opinion to the Irish government on 25 August 1999.

In October 1999, the Irish government replied to the Commission(cid:146)s reasoned opinion. This reply is
presently being studied by the Commission, and its contents are confidential, as infringement procedures
against a Member State require.

(2000/C 330 E/073)

WRITTEN QUESTION P-0008/00

by Margrietus van den Berg (PSE) to the Commission

(13 January 2000)

Subject: CITES-negotiations 2000

The next Conference of Parties (COP) of the Convention on International Trade in Endangered Species
(CITES) will take place in Nairobi in April 2000.

1.
A topic that will most likely be discussed at the COP 10 of CITES concerns elephant poaching related
to trade in ivory in Asian and African countries. Contradictory information on this issue exists, and