WRITTEN QUESTION E-1443/01 by Elly Plooij-van Gorsel (ELDR) to the Commission. Competition on the internal electricity market.
Date: 2001-05-17
Institutions: European Parliament, Provisional data
Subjects: France, State aid, balance sheet, electrical energy, energy grid, national law, restriction on competition, service concession, single market

14.2.2002

EN

Official Journal of the European Communities

C 40 E/43

The planned measures for the decommissioning of the above-mentioned reactors are the subject of
constant scrutiny and dialogue,
the
Commission cannot provide a definitive appreciation as to whether it will be satisfied with the foreseen
measures, timetables and phases. It remains open if such satisfaction will be expressed by any given cut-off
date, as the Commission will monitor the elaboration and implementation of projects on a continuous
basis throughout the accession process.

thus being elaborated in an iterative fashion. At

this juncture,

The inaugural meeting of the Ignalina International Decommissioning Support Fund was held in London,
at the headquarters of the European Bank for Reconstruction and Development (EBRD) as the Fund
Manager, on 5 April 2001. The meeting approved the above-mentioned PMU project as well as the work-
plan and budget of the Fund. Appropriations to the approved project will be granted in accordance with
the provisions of the respective grant agreement. Appropriations also depend on the ratification of the
Grant Framework Agreement signed between the Fund Manager and the Government of Lithuania. The
equivalent meeting of the Kozloduy International Decommissioning Support Fund was held on 15 June
2001, with an analogous outcome. The date of the meeting of the fund for Bohunice has not yet been
determined, but the meeting is foreseen for during this year. Appropriations to the decommissioning
projects in Bulgaria and Slovakia will only be made once the respective Funds will have become
operational at the forthcoming inaugural meetings of their Assemblies of Contributors.

To date, no Euratom loans have been granted for decommissioning purposes at the three nuclear power
plants.

to the
PHARE financial assistance programmes in the energy field have concentrated on support
elaboration of national energy strategies; the establishment of the framework conditions in candidate
countries for the internal energy market; and energy efficiency measures.

The Commission is monitoring the implementation of programmes to decommission the nuclear power
plants as part of its usual monitoring with regard to the accession process. This is reflected in the
Commission(cid:146)s Regular Reports that contain an evaluation of progress in the nuclear energy sector. Should
any candidate country fail to honour its commitments, the Commission will devise appropriate measures.
The Commission does not see any grounds to foresee such measures at present. The Commission would
also like to point out that the closure commitments are dealt with in the context of the Accession
Negotiations under the Energy Chapter.

(2002/C 40 E/039)

WRITTEN QUESTION E-1443/01

by Elly Plooij-van Gorsel (ELDR) to the Commission

Subject: Competition on the internal electricity market

(17 May 2001)

On 5 March 1998, 10 March 1999 and 26 November 1999 I tabled questions to the Commission on the
compatibility of French electricity law with the electricity directive and European competition rules, in
relation in particular to the transfer of a token amount from the French electricity network to (cid:201)lectricitØ de
France (EDF) (cid:129) (Questions P-0776/98 (1), H-0258/99 (2) and H-0748/99 (3)). The Commission answered at
the time that it would look into the matter.

1.

Can the Commission inform me of the results of its investigations?

2.
Does the Commission agree that the transfer of the token amount of 1 franc by the French state(cid:146)s
electricity transmission network to EDF amounts to a form of state support incompatible with the Treaty
that distorts competition on the internal market?

(1) OJ C 304, 2.10.1998, p. 157.
(2) Written answer of 13.4.1999.
(3) Written answer of 14.12.1999.

C 40 E/44

Official Journal of the European Communities

EN

14.2.2002

Answer given by Mr Monti on behalf of the Commission

(10 September 2001)

Following the Honourable Member(cid:146)s previous questions (P-776/98 (1), H-258/95 (2) and H-748/99 (3)) in
April 1999 the Commission requested the French authorities to provide information on the arrangements
adopted by the French Parliament in connection with the ownership of the French electricity transmission
network.

The information submitted by France on the said arrangements indicated that,
following a great
controversy in France over the nature of the concession granted to (cid:145)ElectricitØ de France(cid:146) (EDF) in 1958,
the French Parliament had decided in 1997 to clarify the ownership status of the high voltage transmission
network. In particular, pursuant to Article 3 of Law 97-1026 of 10 November 1997, EDF was allowed to
the assets concerning the transmission infrastructure from the item
reclassify in its balance sheet
(cid:145)Immobilisations corporelles du domaine concØdØ(cid:146) to the item (cid:145)Immobilisations corporelles du domaine
propre(cid:146).

According to the information submitted, EDF had been entrusted with the operation of that infrastructure
under a concession of 75 years included in its first (cid:145)Cahier de charges(cid:146) adopted by Decree No 56-1225 of
28 November 1956. However, the concession contract appeared to be imperfect in several respects. In
particular, the long-term concession arrangements did not specify the regime of ownership of the relevant
assets during and at the end of the concession. By contrast, the concession clearly established that EDF was
obliged to bear all the costs during the concession related to the maintenance, renewal, reinforcement and
extension of the relevant infrastructure. On account of these considerations, the French Parliament had
considered that the concession regime was that of (cid:145)biens propres(cid:146) and that, consequently, EDF had received
the ownership of the relevant assets (cid:145)ab initio(cid:146) at the moment of the concession.

It is to be noted that under the (cid:145)biens propres(cid:146) regime of concession, recognised by the French doctrine, the
relevant assets are not subjected to any right or condition providing for the return of the assets to the
grantor.

However, the Commission(cid:146)s attention has recently been drawn to the incoherence that may exist between
the consideration of the concession regime as that of (cid:145)biens propres(cid:146) and the accounting adjustments and
the fiscal provisions connected with the reclassification.

The Commission has asked the French authorities for information about this alleged incoherence and will
re-examine all the relevant arrangements as a whole. The Commission will inform the Honourable Member
of the results of its investigation as soon as it takes a position.

(1) OJ C 304, 2.10.1998.
(2) Written answer of 13.4.1999.
(3) Written answer of 14.12.1999.

(2002/C 40 E/040)

WRITTEN QUESTION E-1450/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(17 May 2001)

Subject: Contract between the Greek Government and the company managing Athens airport

The airport development contract between the Greek Government and the companies building Athens
airport contains a clause which states that for twenty years after the opening of the airport, no new or
existing airport may be developed, improved or upgraded to a domestic service airport within a radius of
100 kilometres from Syntagma Square in Athens, with the aid of the Greek Government, unless the
charges and fees imposed at the domestic service airport are lower than the corresponding charges and
fees in force at Athens airport, and the domestic services operating from the airport are provided only by
aircraft of 45 tonnes or less maximum gross weight on takeoff.