# EUR-Lex - 51997IP0357 - EN

Avis juridique important

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# 51997IP0357

**Resolution on the communication from the Commission on services of general interest in Europe (COM(96)0443 C4-0507/ 96) **

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Official Journal C 014 , 19/01/1998 P. 0074 *

A4-0357/97

Resolution on the communication from the Commission on services of general interest in Europe (COM(96)0443 - C4-0507/96)

The European Parliament,

- having regard to the Commission communication, COM(96)0443 - C4-0507/96,

- having regard to its earlier resolutions in respect of services of general interest, in particular those of 12 February 1993 on the role of the public sector in the completion of the internal market ((OJ C 72, 15.3.1993, p. 159.)), 6 May 1994 on public undertakings, privatization and public services in the Community ((OJ C 205, 25.7.1994, p. 549.)), 17 May 1995 on the functioning of the Treaty on European Union with a view to the 1996 Intergovernemental Conference - Implementation and development of the Union ((OJ C 151, 19.6.1995, p. 56.)), 14 December 1995 on the agenda for the 1996 Intergovernmental Conference with a view to the Madrid European Council ((OJ C 17, 22.1.1996, p. 149.)), 13 March 1996 embodying (i) Parliament's opinion on the convening of the Intergovernmental Conference and (ii) an evaluation of the work of the Reflection Group and definition of the political priorities of the European Parliament with a view to the Intergovernmental Conference ((OJ C 96, 1.4.1996, p. 77.)) and of 13 November 1996 on the XXVth Commission report on competition policy ((OJ C 362, 2.12.1996, p. 135.)),

- having regard to Articles 36, 56, 77, 85(3), 90(2) and 92 of the Treaty establishing the European Community,

- having regard to the objectives of economic and social cohesion added to the Treaty by the Single European Act (Title XIX, Articles 130b et seq.) and of consumer protection, establishment of trans-European networks and environmental protection introduced by the Treaty on European Union (Title XI, article 129a; Title XII Articles 129 b and c; Title XVI),

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Employment and Social Affairs, the Committee on Research, Technological Development and Energy, the Committee on the Environment, Public Health and Consumer Protection, the Committee on Institutional Affairs, the Committee on Culture, Youth, Education and the Media, the Committee on Legal Affairs and Citizens' Rights, the Committee on Regional Policy and the Committee on Transport and Tourism (A4-0357/97),

A. whereas services of general economic interest (or public services), which are economic activities considered vital for citizens and society as a whole, are founded on the principles of continuity, solidarity, and equal access and treatment for all users;

B. whereas the qualification of a particular activity as being of general interest and the level of services consequently guaranteed to citizens obviously depend on technological evolution, on conceptions of society, and on the traditions and economic means of a country,

C. whereas in our modern democratic societies, general interest in that sense commonly includes social and territorial cohesion, the effective enjoyment of fundamental freedoms, overall economic efficiency, concern for long-term needs and control of non-renewable or rare resources,

D. whereas these considerations apply above all to the main network activities including distribution of water, electricity and gas, railways, local public transport, broadcasting, telecommunications and postal services,

E. whereas these considerations normally give rise to constraints on the operators and regulators of services in these sectors, which are generally expressed by the principles of continuity, equality and/or adaptation,

F. whereas the operation of public services under these principles normally leads to missions and obligations being imposed by public authorities on the operators and often to special rights being granted to them which are considered necessary for effectively carrying out their duties,

G. whereas such a concept of services of general interest is shared, under various names, by all Member States,

H. whereas, in spite of this common conception, the way in which these services are organised varies considerably from one country to another, in terms of public authorities concerned (national or local), type of operators (including the administrative and special rights of these operators), and the method of regulation by the authorities,

I. whereas the notion and reality of public services is thus not linked with the organisation, control and ownership of its operators and cannot in particular be confused with public undertaking,

J. whereas the Union is competent in the field of public services, either 'negatively ̈ on the basis of fundamental rules governing the single market (removal of special rights of operators if they are obstacles to free movement of people, goods and services or to Europe-wide competition); or 'positively ̈ through the implementation of Treaty obligations to protect general interest (either globally as provided for in Article 90(2) or through its competence to pursue economic and social cohesion, consumer protection, protection of the environment, trans-European networks),

K. whereas, more specifically, the rulings handed down by the Court of Justice in the Corbeau case on 19 May 1993 and the Municipality of Almelo case on 27 April 1994 spell out the conditions under which given exclusive rights granted in respect of a service of general interest may constitute an exception to the rules on competition,

L. whereas there is a need to develop a recognizable people's Europe as a complement to the single market and the economic integration process,

M. whereas services of general economic interest form an essential component of economic and social cohesion; whereas, in addition to their importance to those living in less-favoured regions or regions of low population density, such services are a not inconsiderable asset in ensuring the continuity and development of economic activity in such regions; whereas, consequently, they must continue to be offered, without additional charges to the tax-payer, at levels of quality and price essentially equivalent to those in other, better favoured regions or regions of higher population density,

N. whereas the principle of subsidiarity recommends leaving to Member States the primary responsibility for defining the public services, determining the requirements imposed on operators in terms of range, level and quality and their special rights and the legal instruments needed for doing so, choosing the operators, funding the service and adopting a method of regulation,

O. whereas, however, the Union should have the responsibility to ensure that, in accordance with the principle of subsidiarity, the Member States determine for each sector a number of public service obligations which may include fixing the minimum level of services, wherever the market mechanism fails to function throughout the territory of the Union,

P. whereas such action, together with the creation of trans-European networks, could lead to the setting up of a European framework for public services,

Q. whereas such an achievement would give European integration a new legitimacy by bringing it closer to the needs of the citizens,

1. Welcomes the new Article 7d included in the EC Treaty by the Treaty of Amsterdam as recognizing the notion of services of general interest as one of the common values of Europe and as a principle of Community law in its own right, while asserting that the Community and the Member States shall oversee the operation of such services within their respective powers;

2. Further welcomes the adoption by the Amsterdam European Council of the Declaration to the Final Act which stipulates that the provisions of the new Article 7d shall be implemented with full respect for the jurisprudence of the Court of Justice, inter alia as regards the principles of equality of treatment, quality and continuity of the services in question;

3. Welcomes also the reference in the new Article 7d to Articles 86 and 87 of the EC Treaty and calls on the Commission to ensure the application of Community competition law to services of general interest;

4. Acknowledges the value of the Commission's communication on services of general interest in Europe as expressing for the first time a full recognition of public services in their genuine definition, their justifications, their principles and their European dimension, including proposals for a European policy on the matter;

5. Points to the need, where services of general interest are concerned, for forms of cooperation to be established firstly among the Member States and secondly between the public and private sectors with a view to promoting job- creating projects and developing research;

6. Calls on the Commission to define the scope and nature of services of general interest, together with the principles underlying them, and to specify more closely both the level of services necessary for accomplishing EU objectives and the regulatory framework needed to ensure success, and to consider subsequently drawing up an action plan, accompanied by a timetable, for translating Treaty objectives into policy and implementing measures;

7. Calls on the Commission to take duly into account, in drawing up its future proposals and in implementing the internal market relating directly or indirectly to services of general economic interest, the objectives of Article 130a on economic and social cohesion as specified in Article 130b of the Treaty;

8. Calls on the Commission to draw up a charter of principles for services of general economic interest, containing their justification and principles (both traditional and new), the type of missions and rights to be given to operators and a list of sectors where the notion should apply;

9. Calls on the Commission to propose a package of measures to improve the effectiveness of these services in a competitive environment, so that the public and economic operators are guaranteed quality services;

10. Calls on the Commission to publish 'Green' and 'White' Papers laying out a timetabled plan to translate Treaty and charter aspirations into action, outlining in particular any necessary legislation; the plan should specify in each of the sectors concerned the levels of service to be guaranteed to the citizens, the special rights that might be necessary to carry out the service and any necessary regulatory apparatus to be set up at Community level;

11. Instructs its competent committees to develop democratic scrutiny for Commission activity regarding services of general interest with a remit to comment on relevant legislation;

12. Calls on the Commission to consult regularly representatives of public service undertakings, competitors and the respective workforces concerning questions relating to services of general interest;

13. Calls for the attribution of a special responsibility for public services, particularly for preparing legislation, to one of the Commissioners and one of the Commission's directorates- general;

14. Calls on the Commission to provide for full coordination between its competent departments with a view to ensuring balanced consideration of the concerns of both competition policy and services of general interest;

15. Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the parliaments and governments of the Member States.