Brussels, 19/09/2011 (Agence Europe) - On Friday 16 September, the European Parliament's Public Services Intergroup gave an initial response to the European Commission's presentation of new rules governing compensation for the provision of services of general economic interest (SGEI) (see EUROPE 10454). The Intergroup will be devoting its meeting on 12 October to this matter. It endorses the Commission's objective of providing legal clarification and more certainty for public authorities in delivering public services, and of following a more diversified and proportionate approach.
The Public Services Intergroup, however, took a further look at a number of points and set out a few observations and suggestions. Thus, it underlines the importance that public services hold for the competitiveness of states, crisis prevention and attenuation of the impact of crises, by stressing how important it is for all to have access to high quality SGEI. It recalls the ample discretionary powers enjoyed by the public authorities in the provision and organisation of such services (including financial services) by highlighting the need, for the Commission, to regulate the sector in full compliance with Articles 106§2 and 14 of the TFEU. It also underlines the principle of subsidiarity, in so far as providers of SGEI are only subject to competition rules in so far as the application of those rules does not obstruct the fulfilment of the tasks of SGEI providers by making their conditions of financing too difficult. The Intergroup calls in this respect on the Commission to clarify criteria such as the level of compensation required, the distinction to be made between economic and non-economic activities, the impact on trade, and the notion of reasonable profit, etc. It supports the notion of threshold for exemption from the requirement of notification for SGEI, and calls on the Commission to propose de minimis rules for local and social SGEI that have a minimum impact on the internal market. Finally, it calls on the Commission to clarify and simplify rules governing entrustment. (FG/transl.jl)