Brussels, 19/09/2007 (Agence Europe) - “A major issue is whether we need an EU directive regulating social services of general interest (SSGI) or protecting them against the application of EU rules on competition and state aid”. That was the question at the heart of the work of the forum organised in Lisbon early in the week by the Portuguese EU presidency, under the auspices of the European Parliament. Views on this differed again between the European management (BusinessEurope) and European trade unions (ETUC). The former considered such a directive was “not necessary and not desirable” in so far as competition rules are applicable as such rules allow account to be taken of the non-commercial nature of SSGI. The trade unions consider, on the other hand, that it is important for everyone to benefit from a “legal guarantee” for SSGI. CEEP (European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest) warned: “We must be cautious not to focus too much on an internal market approach”, as internal market instruments are based on the free movement of goods, capital, services and people and are made for purely economic activities.
In order to clarify the aspects of the most relevant Community competition and internal market rules for the provision of SSGI, the European Commission will adopt a strategic communication by the end of the year, said Vladimir Spidla. The communication should remove unnecessary legal uncertainties identified during the consultation launched in April 2006 by the Commission (see EUROPE 9180) but also provide European added value to research and quality assessment and efficiency in the social services sector. Many participants regretted that representatives of member states (which, in the name of subsidiarity, do not want a framework directive) and private operators like Sodhexo, that have greatly invested in social services, did not attend the forum.
“This debate is a necessary stage before envisaging possible adoption of a specific legislative instrument for social services”, said Social Affairs Commissioner Vladimir Spidla, saying he was convinced they would get round to it “sooner or later”. The establishment of an adequate European framework for the protection and promotion of social services of general interest concerns what some people call a society of well-being, an active welfare state. With this in mind, the aim is to give each and everyone but especially the weakest members of society, the poorest and those most distant from the labour market, a chance to take part in society. It is not by chance that social services of general interest are found within the concept of flexicurity, active social inclusion and equal opportunities, said Spidla.
In order to remove unnecessary legal uncertainties, BusinessEurope would welcome further clarification from the Commission especially concerning public-private partnerships, said Loes van Embden Andres (VNO, NL). This could be done by a communication or by recommendations or guidelines, which fully respect the principles of subsidiarity and proportionality. This proposal corresponds, more or less, with the view of the European Parliament and that of the employers group in ECOSOC, the Dutch business leader said. Unlike BusinessEurope, the European Trade Union Confederation (ETUC), as well as social NGOs, call for legal security for these services, the ETUC representative, Henri Lourdelle said, recalling that social services must ensure fundamental rights. He went on to add that, behind the operators, there are also men and women who must be able to benefit from these services. Trade unions take the view that social services are intended solely for the disadvantaged section of the population, contributing to ensuring social rights for everyone. Mr Lourdelle said that DG Competition had asked them to prove that an EU directive was necessary, but “a directive for what?”, he said ironically. He went on: “We, at ETUC, want the principles of accessibility, universality, etc to be included”. “We should be very careful to change functioning systems of organisation and provision of SSGI - it is easy to destroy but not so easy to set systems people can rely on up again”, went on CEEP General Secretary Rainer Plassman. He said “We must be cautious not to focus too much on an internal market approach” but added “SSGI are part of the internal market system and its rules have in principle to be applied (…). SSGI as well as “normal” services of general economic interest (SGI) need tailor-made European rules highlighting the specificities of these services” and performant SSGI will contribute to the credibility of the EU. Plassman also announced that a conference entitled “SGI and the internal market: a contradiction?” would be held on 4 December to deal with ways to reconcile SGI and the internal market. Patrick De Bucquois said that social NGOs welcomed all progress on strengthening legal security for service providers and want legal security for all users, who are entitled to quality services. (gb)