Message-ID: <24456536.1075851968586.JavaMail.evans@thyme> Date: Tue, 19 Jun 2001 06:58:00 -0700 (PDT) From: brendan.devlin@enron.com To: paul.hennemeyer@enron.com, doug.wood@enron.com, paul.dawson@enron.com, peter.styles@enron.com, richard.shapiro@enron.com, alfredo.huertas-rubio@enron.com, bruno.gaillard@enron.com, nailia.dindarova@enron.com, viviana.florio@enron.com, jackie.gentle@enron.com, fiona.grant@enron.com Subject: Re: EU energy market regulations... Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Brendan Devlin X-To: Paul Hennemeyer, Doug Wood, Paul Dawson, Peter Styles, Richard Shapiro, Alfredo Huertas-rubio, Bruno Gaillard, Nailia Dindarova, Viviana Florio, Jackie Gentle, Fiona Grant X-cc: X-bcc: X-Folder: \Richard_Shapiro_Nov2001\Notes Folders\All documents X-Origin: SHAPIRO-R X-FileName: rshapiro.nsf Just to underline that these reports confirm what I had reported independently, namely that if the Commission is thwarted by the Member States over the acceleration directives and regulation that the Commission will use its powers unilaterally to pass the legislation using an Art 86(2) Directive (previously only used in the telecomms sector, these powers allow the Commission to not even consult the Member States or the European parliament). The Commission has legal authority to do this and political cover as the Stockholm Conclusions indicate the strengthened use of competition law. Art 86 of the Amsterdam Treaty is within the Competition provisions. That said, one can see a definitive timetable emerging for market liberalisation; my bet is that the laws will be in place by this time next year, just after the French elections. This contradicts the estimate supplied by some Parlementarians in the newspapers, such as todays FT, which suggest a five year time frame; perhaps the MEPs don't realise that the legislation may never get to them. An interesting thought: if the legislation is passed under Art 86 we may get better legislation: there will be no need to compromise for Council and parliament sensitivities. Brendan Enron Media Cuttings 06/19/2001 12:14 PM Sent by: Kuldeep Chana To: Paul Hennemeyer/Enron@EUEnronXGate, Doug Wood/Enron@EUEnronXGate, Paul Dawson/Enron@EUEnronXGate, Peter Styles/LON/ECT@ECT, Richard Shapiro/NA/Enron@Enron, Alfredo Huertas-rubio/Enron@EUEnronXGate, Brendan Devlin/EU/Enron@Enron, Bruno Gaillard/Enron@EUEnronXGate, Nailia Dindarova/LON/ECT@ECT, Viviana Florio/Enron@EUEnronXgate, Jackie Gentle/LON/ECT@ECT cc: Fiona Grant/Enron@EUEnronXGate Subject: EU energy market regulations... Please find attached the following article/s: 'EC to debate market opening Wednesday' - Platts European Power Daily '...distortions to be addressed urgently' - Platts European Power Daily '...state aid cases to be investigated' - Platts European Power Daily Kind Regards, Kuldeep Chana