WRITTEN QUESTION E-0782/04 by Michl Ebner (PPE-DE) to the Commission. Liberalisation of the electricity market — special protective provisions.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: hydroelectric development, liberalisation of the market, mountain region, water management, water protection

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

C 84 E/880

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs Wallström on behalf of the Commission

(28 April 2004)

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

This 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) requires full consideration of specially protected areas (e.g. nature protection areas, drinking water

abstraction areas, bathing areas);

(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 development of river basin management plans
under full public participation, to be finalised by 22 December 2009.

The Commission considers that implementation of this Directive not only will ensure good quality (‘good
status’) of waters, but also a sound and predictable basis for technical, financial and political decisions, thus
providing for a level playing field whilst respecting the different hydrological and environmental conditions
in different regions of the Union as well as specially protected areas. This is also reflected in the binding
principle that the environmental objectives of ‘good status’ has to be derived from the conditions of
pristine waters in the respective region, thus requiring a tailor-made objective based on clear provisions.
Whilst the Directive is already setting an ambitious environmental objective, the EC Treaty stipulates that
Member States may introduce or maintain even more stringent protection measures (2).

Implementation of the Directive has been complemented by comprehensive efforts of the Commission,
Member States (including new Member States), non-governmental organisations and stakeholders in the
frame of a common implementation strategy since 2001.

The Water Framework Directive and its provisions outlined above will apply to the new Member States to
join 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.

(2) Article 176 of the EC Treaty, consolidated version of the Treaty on European Union and of the Treaty establishing

the European Community, OJ C 325, 24.12.2002.

(2004/C 84 E/0974)

WRITTEN QUESTION E-0785/04

by Proinsias De Rossa (PSE) to the Commission

(11 March 2004)

Subject: Deportation of parents of Irish/EU citizens

Is the Commission aware that 11 000 parents of children born in Ireland are currently at risk of being
forced to leave Ireland? This is despite the fact that the children concerned were born in Ireland and are
therefore Irish/EU citizens. The policy of allowing the deportation of parents of Irish/EU child citizens may
mean that these children could be forced to leave Ireland and accompany their parents to live in countries
where their rights, set out in the European Convention on Human Rights, might not be protected.