Brussels, 03/02/2003 (Agence Europe) - Using the written procedure on Monday, the Council adopted its common position on the legislative package relating to the liberalising of the gas and electricity markets (covering a draft directive to accelerate the opening of the gas and electricity markets and a draft regulation on network access conditions for electricity trading) adopted at the 25 November 2002 Energy Council (see Europe of 25/26 November, p.7, and 27 November, p.13). The three proposals will be sent to the European Parliament for second reading under the co-decision procedure.
The main elements of the common position: 1) The opening of the gas and electricity market to consumers (apart from households) is expected by 1 July 2004, and for all consumers by 1 July 2007: 2) Legal separation of electricity producers and transport network managers will be compulsory as at 1 July 2004, with legal separation of electricity producers and managers of network distributions will be compulsory as at 1 July 2007. When the Commission's report is drafted in July 2007 (see below), Member States will be able to request exemption from this obligation if they can provide information demonstrating that it is possible to achieve the objective of full and non-discriminatory access to distribution networks without legal separation; 3) In January 2006, the European Commission will issue a report assessing the implementation of the directive and will unveil corrective measures, if necessary; 4) The public service obligation (providing electricity at a reasonable charge) will apply to all residential clients and also, if Member States deem it appropriate, to small and medium-sized enterprises; and 5) The regulatory authority appointed by the Member State will be responsible for approving distribution charges and monitoring the application of the directive.