WRITTEN QUESTION E-0886/02 by Marjo Matikainen-Kallström (PPE-DE) to the Commission. France and the internal energy market.
Date: 2002-04-02
Institutions: European Parliament, Provisional data
Subjects: EU control, France, action for failure to fulfil an obligation, application of EU law, competition law, economic concentration, energy policy, liberalisation of the market, single market

14.11.2002

EN

Official Journal of the European Communities

C 277 E/99

A far more reasonable approach would be to upgrade the existing road, especially since the relief road
would reduce travel time by no more than 10 minutes. Furthermore, local residents are concerned that the
implementation of the project could damage the social and cultural heritage and landscape of an area of
great environmental value.

Will the Commission ask the competent authorities for information on this project?

Does it not take the view that Directive 85/337/EEC (1) on the assessment of the effects of certain public
and private projects on the environment ought to apply in this case?

What measures does it intend to take to ensure compliance with Community law?

(1) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(14 May 2002)

Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment (1) provides that projects likely to have significant effects
on the environment by virtue, inter alia, of their nature, size or location, must be made subject to an
assessment with regard to their effects before consent is given.

This provision applies to projects of the classes listed in Annexes I and II to the Directive. Annex II, point
10 (e) includes the construction of roads. For projects such as the construction of a relief road for the AS-
25 road in Arbón (Asturias), covered by Annex II, Article 4(2) of the Directive provides that the Member
State concerned shall determine: (a) through a case-by-case examination or (b) using thresholds or criteria
set by the Member State, whether the project should be made subject to an assessment in accordance with
Articles 5 to 10. Member States may decide to apply both the procedures referred to in (a) and (b).

It should be noted that Directive 85/337/EEC was amended by Council Directive 97/11/EC of 3 March
1997 (2). However, under Article 3(2) of Directive 97/11/EC if a request for authorisation was submitted
before 14 March 1999 the provisions of Directive 85/337/EEC prior to amendment continue to apply.

The Commission has contacted the Spanish authorities to request information on the possible application
of Directive 85/337/EEC in the case reported by the Honourable Member in her written question.

At any event, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that
Community law is observed in this instance.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2002/C 277 E/112)

WRITTEN QUESTION E-0886/02

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

Subject: France and the internal energy market

(2 April 2002)

Liberalisation of the internal energy market is a key component of the ‘Lisbon strategy’, which aims to
make the EU the world’s most competitive area by 2010. As far as the Member States are concerned,
France has systematically opposed and impeded such liberalisation. Its behaviour is totally unacceptable,
especially when the matter at issue, operation of the internal market in the energy sector, is of such vital
importance.

C 277 E/100

Official Journal of the European Communities

EN

14.11.2002

Even under the directives now in force, the Member States should have liberalised a third of their
electricity and gas markets. Why has the Commission not carried out its threats to institute proceedings
against France before the Court of Justice, given that France has failed to implement the directives?

The Commission oversees competition in the EU area. Why has it not prevented the French energy
monopoly EDF from buying energy companies in neighbouring countries, transactions which EDF has
managed to finance because it makes profits on the scale of its monopoly status?

What steps will the Commission take to make France join the common endeavours?

Answer given by Mrs de Palacio on behalf of the Commission

(3 June 2002)

Regular monitoring of the development of the energy market in the Union is one of the Commission’s
tasks.

France has transposed Directive 96/92/EC of the European Parliament and of the Council of 19 December
1996 concerning common rules for the internal market in electricity (1).

France has not, on the other hand, transposed Directive 98/30/EC of the European Parliament and of the
Council of 22 June 1998 concerning common rules for the internal market in natural gas (2) and the
Commission has initiated proceedings before the Court of Justice for France’s failure to transpose this
Directive.

The Commission examines the purchasing of companies very carefully pursuant to Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (3). In
order to maintain and foster competition, substantial conditions were imposed on Electricité de France
(EDF) when it bought companies abroad.

In addition, the decision, taken at the Barcelona European Council (15 and 16 March 2002), that all non-
household consumers should have freedom of choice of supplier as of 2004 will enable a more
competitive environment to be created soon.

(1) OJ L 27, 30.1.1997.
(2) OJ L 204, 21.7.1998.
(3) OJ L 395, 30.12.1989, republished in OJ L 257, 21.9.1990.

(2002/C 277 E/113)

WRITTEN QUESTION E-0888/02

by Cristiana Muscardini (UEN) to the Commission

(2 April 2002)

Subject: Il Forteto

Il Forteto is an agricultural cooperative in Tuscany which receives public funding of between LIT 65 000
and 300 000 a day for looking after young people in care.

The leaders of the Il Forteto community include two people who were convicted in 1985 of the sexual
abuse and ill-treatment of minors.

Following the conviction by the Florence Court of Appeal in 1985, the Youth Court still relies on Il
Forteto despite a ruling by the European Court of Human Rights against Italy for placing two children of
Italian immigrants in Belgium with the Il Forteto community and imposing a fine of LIT 200 million and
awarding damages for moral injury.