Therefore, we should have a law on these concessions and not a mere interpretative communication.

That is what is laid down in the interpretative communication.

Again, the Commission will spell out the possibility of taking these requirements into account in its interpretative communication.

That is the reason for the interpretative communication.

This could be done easily and quickly, by means of an interpretative communication, under the Community's and the Commission's sole responsibility.

At the very least, the Commission should, as proposed by the Economic and Social Committee, present an interpretative communication on this subject.

That is why this point was clarified in the Commission’s 2003 interpretative communication on certain aspects of the provisions on televised advertising.

Do we want to promote parliamentary and citizens' democracy, or are we going to allow ourselves to be governed by case-law and interpretative communications?

An interpretative communication is the most suitable means of explaining the way in which the rules regulating public contracts apply to the selection of private partners for these partnerships.

Mr President, in 1997, the Commission approved an interpretative communication - and I stress interpretative - on intra-Community investments, which was not submitted to the European Parliament or to the Council.

Positive action is far more feasible than is commonly believed. Of course it must respect the principles of the Treaty, and the interpretative communication we will be publishing is precisely intended to clarify all this.

Our communication of 6 December announced the adoption in 2006 of an interpretative communication on Article 296 in the field of defence procurement and the start of preparatory work on a possible defence procurement directive.

The interpretative communication will give guidance on how to use Article 296 of the Treaty, which allows Member States a derogation from internal market rules and from Directive 2004/18 when their essential security interests are at stake.

Finally, my last point, with reference to the specific request of the rapporteur, Mr Wijsenbeek, ' But why? Would it not be more logical to modify the second banking directive rather than issue an interpretative communication?'

I assume that Commissioner Bolkestein will be aware that the Court of Justice has already set the precedent of annulling an interpretative communication similar to this one, on pension funds, precisely because the Commission exceeded its authority.

The Committee on the Internal Market and Consumer Protection, therefore, takes note of the Commission's interpretative communication on the application of Article 296 of the Treaty in the field of defence procurement, adopted on 7 December 2006.

This is an aim the Commission has always pursued in public procurement and it is the ultimate purpose of the interpretative communication on concessions and other forms of public and private partnership, which will be published in draft form in the next few weeks.

The right of the Commission to issue interpretative communications is restricted to executive matters which fall within its sphere of competence - such as those concerning state assistance and competition policy -, whereas the right of interpretation of primary and derivative law rests with the Court.