House of Commons - European Scrutiny

Select Committee on European Scrutiny Sixteenth Report

ANNEX

The Commission's summaries of responses

"Importance of Services of general interest

There is a broad consensus on the essential importance of services of general interest for European societies. It is also generally accepted that these services should be provided in a way that puts users first.
No agreement exists concerning the relationship between services of general interest and market principles."

"The role of the European Union

While different views are taken on the need to amend the Treaty, there is broad agreement that the Community should not be given additional powers in the area of services of general interest.
The responsibilities of the Community and Member States levels seem to be clear. However, there are calls for the clarification of Community rules in some areas.
A broad agreement exists that sector-specific regulation must not be extended to all services. However, for some services (water, waste, local public transport) diverging views are expressed as to whether a specific regulatory framework is desirable at Community level. The need to take account of specificities of sectors such as health is highlighted.
There is a large consensus that there is no need for the creation of European regulatory authorities at this stage. Networks of national regulators co-ordinated at European level seem to be the preferred option."

"Sector-specific legislation and general legal framework

The views on the need for a general legislative framework remain divided. However, there is an agreement on the continued need for sector-specific legislation.
Many contributions highlight the benefits of existing sectoral policies. Others point out that liberalisation had negative social and economic consequences."

"Services of general economic interest and non-economic services

Many contributors feel that the distinction is important. However, a number of contributions call for other criteria beyond the distinction economic — non-economic in order to create more legal certainty.
While there is some interest in further clarification of the situation of organisations providing social services under Community law and in protecting non-economic services of general interest as part of the European social model, there is a broad agreement that the Community should not be given additional powers in the area of non-economic services."

"A common set of obligations

Views are divided on the need and feasibility of establishing a common set of obligations at Community level. While some contributions stress the need to establish public service obligations sector-by-sector, other comments argue that a common concept is appropriate and necessary.
There seems to be a broad consensus that regulation at Community level should establish principles and objectives, while Member States should be able to implement and specify the rules in line with the specific situations and needs existing at national and regional level.
There is no agreement on the effective implementation of requirements in Community legislation or on the impact of these requirements on social and territorial cohesion. It is suggested that it is too early to form an opinion and that a more detailed assessment is necessary.
Different views exist regarding the need to introduce additional obligations at Community level and regarding the need to extend existing requirements to other services of general interest."

"Sector-specific obligations

There seems to be little support for the introduction at Community level of additional sector-specific obligations at this stage. However, it is suggested that the situation should be closely monitored with regard to the different sectors, in particular with regard to security of supply. There are also some calls for an improvement of access and interconnectivity in some sectors.
No agreement exists with regard to the opening of the water sector at Community level.
There is broad agreement that no specific Community measures should be taken on media pluralism at this stage and that the protection of pluralism should be left to the Member States."

"Definition of obligations and choice of organisation

Some contributions highlight problems resulting from the application, as perceived by respondents, of Community law, in particular in the areas of procurement and state aid. There is a call for clarification of the rules on concessions and public-private-partnerships. Some comments also refer to situations where an obstacle to the completion of the internal market is created at national level.
The comments largely agree that further harmonisation of public service obligations at Community level is not desirable.
Many contributions express an interest in a flexible and non-bureaucratic exchange of best practice and benchmarking as regards the organisation of services of general interest."

"Financing of services of general interest

There is a firm call for clarification and simplification of the rules applying to the financing of services of general interest, in particular as regards state aid. The recent judgment of the ECJ in the Altmark case is seen as positive but not as sufficient.[3]
There is also a broad consensus that Member States must remain free to determine the most appropriate way of financing a service of general interest, provided competition is not unduly distorted."

"The evaluation of services of general interest

While there are different views on the overall importance of evaluation, there is a broad consensus that evaluation should be comprehensive and take account of political, social, economic and environmental criteria.
No agreement exists as to the range of services to be subject to an evaluation or as regards the necessary procedural and institutional arrangements."

"The international dimension

There is a clear request to ensure that the positions taken by the Community in international trade negotiations are fully consistent with the EU's internal regulatory framework.
A number of comments also call for more information and transparency as regards international trade negotiations.
The crucial importance of basic essential services for the development of the poorest countries is widely recognised. Access to finance and the attraction of foreign investment are identified as the main problem."