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Europe Daily Bulletin No. 9189
Contents Publication in full By article 25 / 31
GENERAL NEWS / (eu) ep/internal market/sgi

Bernhard Rapkay inclines towards sectoral law in field of services of general interest

Brussels, 10/05/2006 (Agence Europe) - Presenting a working document on the European Parliament's own initiative report on services of general interest (SGI) at the Parliamentary economic and monetary affairs committee last week, German Social Democrat MEP Bernhard Rapkay said his position was that priority had to be given to sectoral law.

Speaking about the importance for the European social model of SGI, noted by the European Commission in its May 2004 White Paper (see EUROPE 8705), and services of general economic interest (SGEI), included in the European treaties, he considered that the “internal market is not an objective in itself” and represented “an instrument at the service of competitiveness”. A deciding question in this debate, he said, would be drawing a distinction between SGI and SGEI, the former not being subject to internal market rules and the latter being included in the scope of the draft directive on services in the internal market. He remarked that, particularly with “social services of general interest” and “health” services, “increasingly we find ourselves in grey areas”. Mr Rapkay, therefore, called for clarification of the rules by the European legislator, rather than allowing things to be decided case by case at the EU Court of Justice. He did not favour, however, a “catalogue” listing SGI and SGEI. “That would be a mistake,” he said, recognising, nonetheless, that there was a need for criteria to ensure the legal certainty called for by business circles and territorial authorities.

Mr Rapkay's position was supported by his German colleagues Werner Langen and Alexander Radwan from the EPP-ED group. “I can support” the idea of legislating on the sectoral level, said Mr Langen, who considered “Court rulings” - notably the “Stadt Halle” ruling (see EUROPE 8872) - to be “a step backwards”. “I am with Mr Langen and Mr Rapkay,” said Mr Alexander, adding, “The main opponent is the Commission which looks greedily at what is happening here. It couldn't care less!Ieke van den Burg (PES, Netherlands) expressed a similar viewpoint and advised discussion with local authorities and recommended an overall framework. French Socialist MEP Pervenche Berès, chairwoman of the economic and monetary affairs committee, said the Langen and Herzog reports called for initiative from the Commission (see EUROPE 8096 and 8623), and “we're still waiting for it”.

Gunnar Hökmark (EPP-ED, Sweden and Sophia in't Veld (ALDE, Netherlands) were both against any framework directive. “It is not in the interests of consumers and citizens,” said the former, quoting the examples of liberalisation in the airlines and telecommunications sectors. “I have never been in favour of a framework directive,” pointed out Ms in't Veld, saying she was, on the contrary, delighted that the rapporteur was tending towards “sectoral solutions” to improve the situation in some sectors.

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