Brussels, 20/05/2005 (Agence Europe) - The European Centre of Enterprises with Public Participation (CEEP) has decided to take the lead on services of general interest. It is publishing a list of ten key elements which will help to safeguard and guarantee SGIs at European level without focusing on the nature of the necessary regulatory framework. These elements relate notably to the freedom for the local authorities to define and organise the services of general interest which come under their competence, and the funding, regulation and assessment of these services. The CEEP's contribution comes upstream of the publication, planned for the end of this year, of a follow-up report of the Commission on the specific White Paper of May 2004 (see EUROPE 8705). The CEEP is to hold a day of debates on 20 June on the subject.
Among the main principles listed in the CEEP list is the application of the SGIs to the principle of subsidiarity. The CEEP sees it as essential to “guarantee the right of the national, regional and local public authorities to provide, execute and fund” their SGIs. These authorities must be able to “decide what comes under the heading of services of general interest, especially local SGIs, their specific missions, the contents of public service obligations and authorisation regimes as a medium to impose them on service providers”. The securities and guarantees to be brought in at European level must not, therefore, lead to “an extension of the EU's competency to the detriment of the Member States and their national, regional and local public authorities”, and must recognise the right of the public authorities to choose how the SGIs under their jurisdiction are managed: “direct management”, “a mission entrusted” to a public, mixed or social economy-based company, “delegation to a company” whatever its status, or the “granting of exclusive or special rights”. This freedom must be accompanied by “genuine possibilities of reversibility if the authorities decide to change the management mode”. The reversibility of management modes will allow a certain level of flexibility to be worked in, said Pierre Bauby, president of the CEEP's “Services of General Interest and Statistics” Committee, who recognised that “there is no uniform management mode”.
The long-term funding of the SGIs is another crucial element, in the view of the CEEP. The document indicates the need to guarantee security of funding “for investments which are vital for the continuity and sustainability of services” and “for compensation for public service or universal service obligations”. This compensation does not come under State aid in the sense of article III-167 of the Constitutional Treaty, under certain conditions to be laid down, such as the details for the measuring and form of appropriate compensation.
The CEEP also takes the view that “regulation systems must be developed for each services of general economic interest (SGEI)”. The European Union must also “define a common methodology and breathe new life into the assessment dynamics” of SGEI performance. Assessment steering should not come down to the European Commission, but involve all interested parties.
This CEEP exercise on the fundamental principles was not an easy task. Within the organisation, there is a gulf between the notion of public services French style and the view taken by the Nordic countries, says Rainer Plassmann, Secretary General of CEEP. The Nordic countries are great proponents of the principle of local autonomy and do not take kindly to the idea of seeing competencies in this field moving to European level. “How can this kind of gulf be bridged?”, asked Mr Plassmann, who feels that the best way is to bring in a “new concept based on principles”, without focusing on the nature of the regulatory framework containing these principles. “Until the beginning of 2004, we were in favour of a framework directive on SGIs”, he added. CEEP now takes position in favour of including these principles within a positive Community law.