WRITTEN QUESTION E-0781/04 by Michl Ebner (PPE-DE) to the Commission. Liberalisation of the electricity market — licences for river diversions.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: electrical industry, hydroelectric development, liberalisation of the market, power plant, restriction on competition, water management

C 84 E/878

Official Journal of the European Union

EN

3.4.2004

and the fact that:

(cid:1) the Unification Church has tried to have the ban on its leader, the Reverend Sun Myung Moon,

visiting the United Kingdom lifted;

(cid:1) on 15 May the Reverend Moon was sent a letter telling him that he should not attempt to enter the
country on the grounds that his ‘presence there would not be conducive to the public good for
reasons of public order’.

Can the Commission say whether it is aware of these facts?

Whether it considers the actions described as an infringement of the fundamental rights guaranteed in
Articles 10 and 22 of the Charter of Fundamental Rights of the EU and that they therefore affect the
essence of the rights, which are explicitly protected by Article 52 of the Charter?

Whether it also considers that these actions are contrary to Article 6 of the EU Treaty and therefore the
principles common to all the Member States regarding respect for human and fundamental rights?

How it intends to dissuade the United Kingdom from carrying out such actions against religious freedom?

If it does not explicitly condemn these actions, on what legal principles it bases its attitude?

Answer given by Mr Vitorino on behalf of the Commission

(22 April 2004)

The matters raised by the Honourable Member have not been referred to the Commission.

With regard to the UK authorities’ decision to refuse entry to the leader of the Unification Church,
Mr Moon, the Commission would point out that, under the EC Treaty, each Member State is responsible
for maintaining public order and ensuring internal security and may, on that basis, decide to refuse
permission to third-country nationals to enter and stay in the country.

Furthermore, the Commission is empowered to intervene in respect of violations of fundamental rights,
including religious freedom, only where such violations take place within the framework of Community
law and its implementation, and on condition that Mr Moon is not a citizen of a Member State other than
the United Kingdom.

Lastly, if an individual believes that his fundamental rights have been violated, he can institute proceedings
in the European Court of Human Rights after exhausting all domestic legal remedies.

(2004/C 84 E/0972)

WRITTEN QUESTION E-0781/04

by Michl Ebner (PPE-DE) to the Commission

(11 March 2004)

Subject: Liberalisation of the electricity market (cid:1) licences for river diversions

The existence of varying systems aggravates imbalances, and this results in there being considerable
competitive pressure on Member States which have already set
licences. An
asymmetric market would not only render such competitive pressure intolerable, but could also jeopardise
part of the liberalisation of the electricity market. It would be interesting to know whether corrective
measures and interventions are currently being planned in this connection.

the exact duration of

Can the Commission provide information on how the licence and approval systems are regulated in the
various EU Member States and in the new accession countries?

3.4.2004

EN

Official Journal of the European Union

C 84 E/879

Answer given by Mrs Wallström on behalf of the Commission

(28 April 2004)

Distinction needs to be made between the liberalisation of the electricity market and the relevant permit
procedures for hydroelectric power plants.

The EU has developed comprehensive legislation for water policy, the Water Framework Directive (1).

The Directive:

(cid:1) addresses all waters (rivers, lakes, groundwater and coastal waters);

(cid:1) addresses all sources of human impact on water (including ‘inter alia’ the generation of electricity by

thermic power plants or hydroelectric power plants);

(cid:1) sets the legally binding objective of good status for all waters to be achieved/maintained by 2015 as a

rule, linked to a non-deterioration clause;

(cid:1) submits all relevant impacts on waters (e.g. abstractions, impoundments, river diversions as well as
discharges) to a permit procedure. These controls/permits shall be periodically reviewed and where
necessary updated.

Implementation of the Directive is following a step-by-step approach, with legal transposition into national
legislation to be ensured by 22 December 2003 (new Member States: 1 May 2004), first analysis of
pressures and impacts by 22 December 2004, followed by the development of river basin management
plans under full public participation, to be finalised by 22 December 2009.

The Commission considers that the implementation of this Directive will not only ensure good quality
(‘good status’) of waters, but also a sound and predictable basis for technical, financial and political
decisions, thus providing a level playing field whilst respecting the different hydrological and environ-
mental conditions in different regions of the Union. Since 2001, implementation of the Directive has been
complemented by the comprehensive efforts of the Commission, Member States (including new Member
States), non-governmental organisations and stakeholders in the strucure of a common implementation
strategy.

The Water Framework Directive and its provisions outlined above will apply to new Member States joining
the EU on 1 May 2004, as it does for current Member States. There are no transition periods.

(1) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for

Community action in the field of water policy, OJ L 327, 22.12.2000.

(2004/C 84 E/0973)

WRITTEN QUESTION E-0782/04

by Michl Ebner (PPE-DE) to the Commission

(11 March 2004)

Subject: Liberalisation of the electricity market (cid:1) special protective provisions

As part of the liberalisation of the electricity market, and in line with the principle of freedom of
establishment, particular consideration should be given to whether customised provisions need to be put in
place for mountain regions, with the highest priority being accorded to the environmental sustainability of
such areas. These particular legislative measures should be clearly reflected in the conditions for granting
or renewing licences for river diversions for the purpose of electricity generation, and in the introduction
of specific mandatory checks relating to the administration of such licences.

In the framework of
introduction of protective provisions for certain ‘sensitive’ areas to be justified?

the aforementioned liberalisation process, does the Commission consider the