Brussels, 17/06/2003 (Agence Europe) - The social partners are seriously divided on the need to create legal instruments to protect services of general interest. During a hearing on the Commission's Green Paper on these services (see EUROPE of 15 May, p.9 and of 22 May, p.10), organised by the European Parliament's economic and monetary committee, UNICE president Hellmut Königshaus launched a head-on attack against any legal shilly-shallying in this area. "UNICE in no way shares those positions which call for more rules in this field. Developments over the last few years have shown that the existing rules are perfectly adequate", he stormed. The European competition and internal market rules are quite enough, he said. He was supported by a small number of speakers, notably Anssi Pihkala, representative of the Association of Finnish Local and Regional Authorities, who spoke in detail about "equalisation of prices" between viable economic services and those that apply only to a small minority of the population, and feels that the issue of public funding in services of general interest in under-populated areas should be resolved through social or regional policy.
Carola Fischbach-Pyttel, Secretary General of the European Federation of Public Service Unions, speaking for the Trade Unions European Confederation, called for a reference to these services to be included in the future Constitutional Treaty, and for a "framework directive" to be adopted on this basis. Rainer Plasman, from the European Centre of Enterprises with Public Participation (CEEP), agreed, stressing the need to lay down general principles in the Treaty and in a framework directive, allowing the rules for public service funding to be defined and the Court's jurisprudence to be codified. Claude Borral of the European Liaison Committee on SGIs took up where Mr Plasman left off, saying that a framework directive would afford operators greater legal security and citizens the means to make the most of their rights. He feels that this directive should lay down general principles, define public authority liability and the modalities for funding. It should also define market and non-market services more precisely than the Green Paper. Brigitte Polli, from the European Union committee of the International Union of Public Transport (Euroteam-Uitp), also spoke about legal uncertainty surrounding compensation, which is currently strangling the development of public transport, and stressed "the urgency and necessity of establishing common rules at European level". The last speakers criticised the Green Paper approach, which concentrates too much on the competition criterion and the price of services. "The Green Paper is an exercise in cynicism, because it gives the impression it is looking into the issue, whereas it is just a caricature of a consultation", said Ms Fischbach-Pyttel, noting that this consultation, due to finish on 15 September, will coincide with the summer recess.
The Parliament rapporteur, Philippe Herzog (GUE, France) said that many questions remained open on the possibility of legislation and what is at stake with the Green Paper, such as: protection of non-economic SGIs and how these are defined, the advantage of a global approach via a framework directive rather than sectorial directives, the possibility of creating a Community-level regulator, or funding guarantees for SGIs in the accession countries.