PURPOSE: to recast the Directive concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (adaptation to the new regulatory procedure with scrutiny).

LEGISLATIVE ACT: Directive 2008/92/EC of the European Parliament and of the Council concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast).

CONTENT: having reached agreement with the Parliament at first reading, the Directive recasts and adapts the legislation in force (Directive 90/377/EEC) to the new regulatory procedure with scrutiny (comitology), introduced by Decision 2006/512/EC and intended for use with measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure. All the modifications are of a technical nature and aim to make Community law more readable.

The current Directive provides that Member States should take the steps necessary to ensure that undertakings which supply gas or electricity to industrial end-users communicate to the Statistical Office of the European Communities (EUROSTAT): (i) the prices and terms of sale of gas and electricity to industrial end-users; (ii) the price systems in use; (iii) and the breakdown of consumers and the corresponding volumes by category of consumption.

One a year, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a summary report on the implementation of the Directive.

ENTRY INTO FORCE: 27/11/2008.

The European Parliament adopted, by 657 votes to 8 with 11 abstentions, a legislative resolution approving, under 1 st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast).

The report had been table d for consideration in plenary by József SZAJER (EPP-ED, HU) on behalf of the Committee on Legal Affairs.

The proposal is approved as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission.

The Committee on Legal Affairs adopted the report by József SZAJER (EPP-ED, HU) approving, under 1 st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast).

Although the proposal was not the subject to any ‘formal’ amendments by the committee, it incorporates the recommendations of the Consultative Working Party of the legal services of Parliament, the Council and the Commission.

PURPOSE: recast of Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the codification of Directive Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users has been initiated by the Commission. The new Directive was to have superseded the various acts incorporated in it.

In the meantime Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty (co-decision procedure), including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

The Commission feels therefore, that it is appropriate to transform the codification of Directive 90/377/EEC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

With regard to comitology provisions, the text now states that where appropriate, the Commission shall make the necessary changes to the Annexes I and II to the Directive in the light of specific problems identified. These measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2) of the draft directive. Such changes shall, however, cover only the technical features of the Annexes I and II and shall not be of a nature such as to alter the general structure of the system.

PURPOSE: recast of Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the codification of Directive Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users has been initiated by the Commission. The new Directive was to have superseded the various acts incorporated in it.

In the meantime Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty (co-decision procedure), including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

The Commission feels therefore, that it is appropriate to transform the codification of Directive 90/377/EEC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

With regard to comitology provisions, the text now states that where appropriate, the Commission shall make the necessary changes to the Annexes I and II to the Directive in the light of specific problems identified. These measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2) of the draft directive. Such changes shall, however, cover only the technical features of the Annexes I and II and shall not be of a nature such as to alter the general structure of the system.