WRITTEN QUESTION No. 1525/99 by Luis BERENGUER FUSTER Possible difficulties hindering the entry of new undertakings to the Spanish generating market
29. 1. 2000 EN Official Journal of the European Communities C 27 E/109 Although, for administrative reasons, the scheme has been entered in the register of non-notified aid measures, the Spanish authorities have been informed that such entry does not necessarily mean that the scheme will be classified as state aid or deemed incompatible with the EC Treaty. Given the lack of an existing framework for the scrutiny of state aid in this field and bearing in mind that this is a complex issue and that talks are still in progress with the Spanish authorities, the Commission does not plan at this stage to order the suspension of the scheme under Article 11(1) of Council Regulation (EC) 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty. (2000/C 27 E/134) WRITTEN QUESTION E-1525/99 by Luis Berenguer Fuster (PSE) to the Commission (1 September 1999) Subject: Possible difficulties hindering the entry of new undertakings to the Spanish generating market The Spanish Parliamentís decision to amend the substance of the Sixth Transitional Provision of Law 54/1997 on the Electricity Sector (adopted by Law 50/1998) and to quantify the costs of transition to competition (CTCs) arising for Spanish electricity undertakings by assessing the rate to be paid by consumers at 4,5 % represents additional income in excess of a billion pesetas for the undertakings currently present on the market. This step, which bears no relation to market trends nor to the actual costs, may provide electricity companies with advantages over the competition ü to the detriment of Spanish consumers ü and increase the obstacles hindering the entry of new undertakings to the generating market. Does the Commission consider that this quantification of CTCs for Spanish undertakings may hinder the entry of new undertakings onto the Spanish generating market? Answer given by Mrs de Palacio on behalf of the Commission (11 October 1999) The issue of the charge of 4,5 %, which has been included in the Spanish electricity tariffs in order to recover the payments under the title ácosts of transition to competition (CTC)í, has to be seen in the context of the Commissionís overall examination of the Spanish stranded cost regime pursuant to state aid rules. In particular, the question whether the introduction of the 4,5 % charge constitutes an additional income in the context of the overall CTC payments, and the question whether this quantification of CTCs for Spanish undertakings may hinder the entry of new undertakings onto the Spanish generating market, are issues being considered in this examination under state aid rules. The Commissionís examination of the scheme is continuing, but until a final decision is adopted it is not possible to comment on specific details of the CTC regime. (2000/C 27 E/135) WRITTEN QUESTION E-1526/99 by María Sornosa Martínez (PSE) to the Commission Subject: Ecological disaster in the Pego-Oliva marsh (1 September 1999) Throughout the previous parliamentary term we have complained about the environmental damage being done to the Pego-Oliva marsh and park in Valencia, one of the most important wetlands in Spain, which is