WRITTEN QUESTION E-0951/04 by Angelika Niebler (PPE-DE) to the Commission. Interpretative notes relating to the transposition into national law of the Directives on the electricity and gas markets in the European Union.
Date: 2004-03-29
Institutions: European Parliament, Provisional data
Subjects: Internet, application of EU law, electrical energy, gas, national implementing measure, single market, user guide

3.4.2004

EN

Official Journal of the European Union

C 84 E/921

In general, it must be remembered that it is important for the intellectual development of children above a
certain age, that they are able to play with toys containing small parts. The possible need for requirements
for toys contained in foodstuffs can, however, in principle be addressed by provisions on age limits. Toys
should only be marketed in combination with food if they are suitable for the age group that is likely to be
the user. The possibility of clarification as regards the appropriate clearly legible warnings of the choking
hazards on these products is also being examined.

Furthermore, in the context of the standardisation process which involves the participation of Member
States and stakeholders, certain relevant questions can be addressed, like the possible need to change the
cylinder test for small parts.

An impact assessment study on the revision of the Toys Directive is being carried out for the moment to
examine the appropriate changes needed to the current Toys Directive.

(1) OJ L 187, 16.7.1988.

(2004/C 84 E/1018)

WRITTEN QUESTION E-0951/04

by Angelika Niebler (PPE-DE) to the Commission

(29 March 2004)

Subject: Interpretative notes relating to the transposition into national

law of the Directives on the

electricity and gas markets in the European Union

On 22 January 2004, and after the text had undergone a series of revisions, the Energy and Transport DG
published on the Internet interpretative notes for the transposition into national law of the Directives on
the electricity and gas markets in the European Union. Those interpretative notes lay down the procedures
for the transposition by the Member States of Directives 2003/54/EC (1) and 2003/55/EC (2) into national
law. They include some very detailed and far-reaching requirements which exceed those laid down in the
Directives. For example, the role and actions of national regulatory authorities are specified in detail, and
that restricts the Member States’ room for manoeuvre originally laid down. There is a danger that, in the
final analysis, the interpretative notes will contribute to legal uncertainty and create effects which were not
intended by the bodies which participated in the legislative process.

1.

In the Commission’s view, what role should the interpretative notes play in the transposition process?

Does the Commission share the view that the possibility cannot be excluded that the interpretative

2.
notes may lead to the creation of a de facto binding effect?

In the Commission’s view, how will the interpretative notes guarantee that the Member States have

3.
the requisite room for manoeuvre when they transpose the Directives referred to above?

In the Commission’s view, can the possibility be excluded that the interpretative notes will be used as
4.
a yardstick for the assessment of national transposition measures and/or that they will be attributed a
specific role in any actions brought before the European Court of Justice in connection with such
transposition?

Do the interpretative notes simply reflect the opinion of the Energy and Transport DG, or does the

5.
Commission as a body approve the notes and their content?

The Directives referred to are the outcome of a common legislative process. That being the case,
6.
should not the interpretative notes have been mutually agreed by the bodies which participated in the
legislative process?

(1) OJ L 176, 15.7.2003, p. 37.
(2) OJ L 176, 15.7.2003, p. 57.

C 84 E/922

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

Directives 2003/54/EC (1) and 2003/55/EC (1) of the European Parliament and of the Council of 26 June
2003 on the internal markets in electricity and gas lay down a general framework for implementation. The
interpretive notes for the transposition of the Directives are intended to explain and clarify various Articles
in the Directives in order to assist the Member States with transposition, and draw their attention to
certain points.

The interpretive notes represent no commitment on the part of the Commission, as explicitly mentioned in
the title of the Internet document. They are guidelines and often suggest different options which leaves the
Member States some room for manœuvre, particularly as they are non-binding.

The Commission will base its analysis of the effectiveness of Member States’ transposition of the Directives
on a series of criteria, including the points mentioned in its interpretive notes. As indicated, the notes do
not prejudice the final decision of the Commission or the Court of Justice. They reflect the opinion of the
Energy and Transport DG, although several other DGs were consulted and account was taken of their
opinions.

The draft interpretive notes were sent out to the energy administrations in the Member States and
accession countries. These had an opportunity to comment either at the two special meetings held to
examine the notes, or in writing. Subsequent meetings were held with industry, which also had a chance to
comment. The Energy and Transport DG took account of the majority of observations made in the course
of the consultations. In this context, Eurelectric thanked the Energy and Transport DG by letter of
5 February 2004 for taking account of the industry’s views.

(1) OJ L 176, 15.7.2003.

(2004/C 84 E/1019)

WRITTEN QUESTION E-0952/04

by Benedetto Della Vedova (NI) to the Commission

(29 March 2004)

Subject: Procedure under Article 24 of Community Regulation (EEC) No 4253/88

In 1999, following the initiation of criminal proceedings against a former director relating to events dating
back to the period 1991/1992 and unconnected with training activities, the Italian Ministry of Labour
issued a training organisation with an order suspending financing for some EOS, Now, Adapt and
Youthstart training programmes pending the outcome of those proceedings (procedure under Article 24 of
Community Regulation (EEC) No 4253/88 (1)).

The organisation in question appealed first to the Regional Administrative Court and then to the Council
of State against this ministerial decision. This appeal was rejected on the grounds that the ministry had not
cancelled the measures granting financing, but reserved the right to do so on conclusion of the criminal
proceedings.

A final judgement was subsequently delivered acquitting the former director. The organisation therefore
asked the ministry to launch the projects and release the corresponding financing. The ministry replied
that, despite the acquittal,
it could refuse to consent to the conclusion of the new agreement and,
therefore, also to the launching of the activities.

However, procedure under Article 24 of Regulation (EEC) No 4253/88 is not very clear. It is unclear what
the procedure should be for the relaunch of activities (and/or conclusion of an agreement on the carrying-
on of activities) and the release of funds when a final outcome has been reached on the circumstances
resulting in the freezing of financing (e.g. acquittal of the accused).