WRITTEN QUESTION No. 2602/97 by Ludivina GARCÍA ARIAS to the Commission. Transition costs for the move towards increased competition in the Spanish electricity sector
C 117/28 EN Official Journal of the European Communities 16. 4. 98 (98/C 117/36) WRITTEN QUESTION E-2602/97 by Ludivina Garc ·a Arias (PSE) to the Commission (1 September 1997) Subject: Transition costs for the move towards increased competition in the Spanish electricity sector The Spanish Government has come to an agreemnt with the electricity companies on the regulations governing this sector. The agreement has resulted in a draft law which has initiated the necessary procedure. The draft law provides for aid of around Ptas 2 billion to be granted to the electricity companies towards transition costs for the move to increased competition. Does the Commission believe that the granting of such aid complies with the principles and procedures concerning the transitional arrangements provided for in Article 23 of the directive on the internal market in electricity? Answer given by Mr Papoutsis on behalf of the Commission (14 October 1997) Directive 96/92/EEC of 19 December 1996 on common rules for the internal market in electricity (1) states in Article 24 that áthose Member States in which commitments of guarantees of operation given before the entry into force of this Directive may not be honoured on account of the provisions of this Directive may apply for a transitional regime which may be granted to them by the Commissioní. This permits Member States to derogate temporarily from the requirements of some of the provisions of the Directive in order to prevent stranded investments, committed in the past, causing major difficulties to companies when adapting to the new competitive market. It should also be noted that, prior to the introduction of any such measures, the Member State must apply and gain acceptance of the proposed measures by the Commission. The system foreseen in the latest Spanish draft law of implementation, however, sets out the so-called system of transition to competition of the electricity undertakings in order to ease their evolution to a competitive environment. This scheme does not contemplate any exemption from the application of the provisions of Directive 96/92/EEC to the electricity undertakings but the mere possibility of granting them an additional payment above those they can obtain in the market during a fixed period so as to ensure their financial stability. Thus, it does not appear, at the present stage, that the measures fall within the scope of Article 24. Notwithstanding this, the Commission is following closely the process of implementation of Directive 96/92/EEC in Spanish law, in order to guarantee an exact application of its principles and provisions. (1) OJ L 27, 30. 10. 1997. (98/C 117/37) WRITTEN QUESTION E-2607/97 by Florus Wijsenbeek (ELDR) to the Commission (1 September 1997) Subject: Complaints about the Belgian system for imposing fines on road transport operators Is the Commission aware that the system for imposing fines on foreign drivers in Belgium is particularly discriminating in that, unlike Belgian drivers, they are required to pay fines on the spot? This system is to be retained until national legislation has been brought into line with European legislation, even although the European Court of Justice has ruled, in case C-29/95 › E. Pastoors and Trans-Cap GmbH vs the Belgian State › of 23 January 1997, that this practice is completely contrary to European rules. Netherlands road transport organizations recently brought a complaint before the European Commission against the Belgian government calling for the Belgian system for imposing fines on foreign drivers to be abolished with immediate effect