It must faithfully transpose them into national law

Associate lawyer with Gide Loyrette Nouel, Michel Guénaire is a specialist in the energy sector. Here analyses the scope of the decision by the Constitutional Council before about the bill authorizing the privatization of gas of France.

From retreating to the privatization of GDF, the Constitutional Council surprised by censuring the maintenance of the regulated gas and electricity tariffs. That inspires you its decision

The Constitutional Council reminded the authorities that they had the duty of the Community rules applicable to the energy sector, which will result including July 1 next by the complete opening of the electricity and gas markets to competition. The State agreed to these rules at the time of the adoption of the directive of 26 June 2003. It must faithfully transpose them into national law. From this point of view, the decision of the Council strongly sounds like a point of order: the France cannot have two words and encourage openness to competition in Brussels when it participates in the preparation of the guidelines, but close the sector when it comes to transpose them.

The Government still has room for manoeuvre on this very sensitive issue of price energy

If the France market night to increase the market if that à que à industrie industry, it must reopen the case at the European level. It can explain to its European partners that the regulated tariffs can stand next to a free market, as they contribute to the defence of vital industrial interests. It can also recall a legitimate request: French consumers want to take advantage of cheap electricity from nuclear power plants, which is the result of a choice made thirty years ago by the entire nation.

But, in practical terms, unless an initiative of this type, the decision of the Council condemns indeed regulated rates...

I do not think. The directive of 26 June 2003, referred to the Constitutional Council, does not preclude the existence of regulated tariffs. In the lineage of the guidelines of 1996 and 1998, it still allows to distinguish on the one hand one free market, the other a market regulated, reserved for specific categories of consumers. Member States thus retain the possibility of defining public service obligations, for example introducing measures of protection for small consumers.

Denounces the Council, and also the subject of infringement proceedings initiated by the European Commission against the France, it is the maintenance of regulated tariffs targeted and sustainable uncorrelated of market prices. It is up to the France, I repeat, to resume the initiative overall clarification in Brussels, in convincing its partners definitely spend the coexistence of a competitive market and regulated prices justified by the general interest. This could be the site of a new directive reconciling free trade supporters and followers for a proper powers of intervention of the State in 2007.

The censorship imposed by the Constitutional Council applies to the transitional tariff for enterprises which specifically aims to reduce the electric bills soaring

The Constitutional Council is not delivered on the new transitional regulated tariff of market adjustment. He could have, but it does not want it. It must be that this rate is not contrary to constitutional and community, standards such as the Council has interpreted them. The State must now undertake the implementation decree, awaited with impatience by electricity suppliers and order determining the precise level of the tariff, in compliance with Community requirements of opening the market to competition.