WRITTEN QUESTION No. 879/97 by Amedeo AMADEO to the Commission. Public service obligations
Date: 1997-03-12
Institutions: AMADEO, European Parliament
Subjects: competition, electrical energy, energy policy, energy production, public service, single market













EUR-Lex - 91997E0879 - EN






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91997E0879

WRITTEN QUESTION No. 879/97 by Amedeo AMADEO to the Commission. Public service obligations  


Official Journal C 367 , 04/12/1997 P. 0052 





WRITTEN QUESTION E-0879/97 by Amedeo Amadeo (NI) to the Commission (12 March 1997)Subject: Public service obligationsIn connection with 'Public service obligations in the internal energy market' (CES 1269/96) it should be noted that the creation of the internal market in energy is one of the foundations of the Community energy policy. It is undeniably important to supply the population with gas and electricity and for this reason economic efficiency must be subordinated to meeting society's needs, such as the regular and continuous supply of these products, which is a vital social policy objective.It should also be stressed that in a legal framework of minimum criteria, particular attention should be devoted to achieving the greatest possible balance between the rules of competition and respect for and execution of public service obligations.The Member States must lay down minimum criteria at legislative level for the definition of these obligations, in order to provide operators with a basic legal framework. The Member States must impose obligations in a transparent and non-discriminatory way, in accordance with Community law and the Commission must be informed about these obligations.Could the Commission possibly incorporate in the Treaty the concept of public service and the principles underlying it, or else adopt a 'public service charter' to be annexed to the Treaty itself which, by virtue of its interpretative value, would give Community law greater transparency and legal certainty?Answer given by Mr Papoutsis on behalf of the Commission (5 May 1997)In its communication on 'Services of general interest in Europe' ((COM(96) 443 final. )), the Commission advocates that, on the occasion of the Intergovernmental Conference, a reference to the promotion of services of general interest be written into Article 3 of the EC Treaty. While prime responsibility for this area of action would remain with the Member States, such an amendment would - without constituting a new legal basis - make it possible to establish that services of general interest are a dimension to be taken into account in defining Community action and framing policy.The Commission considers this to be the case in the electricity sector. European Parliament and Council Directive 96/92/EC concerning common rules for the internal market in electricity ((OJ L 27, 30.1.1997. )) presents an approach balanced between public service obligations and the opening-up of the market to competition.Article 3(2) of the Directive defines the areas in which Member States may impose public service obligations on undertakings operating in the sector, viz. security (including security of supply), regularity, quality and price of supplies and environmental protection. The Article also stipulates that these obligations must be clearly defined, transparent, non-discriminatory and verifiable. Accordingly, Member States must notify them to the Commission, which will check that they are appropriate and in proportion. They will be published, as will any revisions.The Commission will pay particular attention to the proper application of this Article.