Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on  the Status of Work on the Examination of a Proposal for a Framework Directive on Services of General Interest
Date: 2002-12-04
Institutions: European Commission
Subjects: EU law, company constituted under civil law, drafting of EU law, services of general interest

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.12.2002
COM(2002) 689 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE
EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

on

the Status of Work on the Examination of a Proposal for a Framework Directive on
Services of General Interest

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BACKGROUND

As requested by the Nice European Council held on 7, 8 and 9 December 2000, the
Commission presented a Report on services of general interest for the Laeken
European Council.1 In its Report, the Commission announced in particular its
intention to “examine the suggestion to consolidate and specify the principles on
services of general interest underlying Article 16 of the Treaty in a framework
directive.”

In preparation of the European Council meeting at Laeken, the Internal Market
Council adopted conclusions on 26 November 2001 stating that the Council was
looking forward to the results of that examination. The Laeken European Council of
14 and 15 December 2001 welcomed the Council’s conclusions and the Report from
the Commission.

Following-on from the Commission’s Report, the European Parliament2 and the
Economic and Social Committee3 called on the Commission to present a framework
directive on services of general interest.

The Barcelona European Council of 15 and 16 March 2002 asked the Commission to
"continue its examination with a view to consolidating and specifying the principles
on services of general economic interest, which underlie Article 16 of the Treaty, in a
proposal for a framework directive, while respecting the specificities of the different
sectors involved and taking into account the provisions of Article 86 of the Treaty.”
At the same time, the European Council invited the Commission to present a report
by the end of the year.

The present communication has been prepared in response to this request of the
Barcelona European Council.

A GREEN PAPER ON SERVICES OF GENERAL INTEREST

As a follow-up to its commitment submitted to the Laeken European Council, the
Commission has decided to produce a Green Paper on services of general interest.
The Green Paper will allow the Commission to examine the question of a proposal
for a framework directive but also to look more thoroughly at the issue of the role of
the European Union in ensuring the provision of high-quality services of general
interest to consumers and businesses in Europe.

The feasibility and possible added-value of a framework directive will be a core
subject for the Green Paper. As already suggested by the Commission in its Report to
the Laeken European Council, this issue raises complex questions regarding, among
other aspects, the possible objectives, the scope of application and the content of
such a directive and its links with existing sector-specific legislation.

1 COM(2001) 598 final, 17.10.2001.
2 EP Resolution of 13 November 2001 on the Commission communication “Services of General Interest in Europe”,

OJ C 140E, 13.6.2002, p. 153.

3 ESC Opinion of 17 July 2002 on services of general interest, CES 860/2002.

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These questions will require further reflection and discussion which is what the
Green Paper is designated to stimulate.

The Commission has set out general policy orientations in the area of services of
general interest in two Communications of 1996 and 20004 as well as in its Report to
the Laeken European Council. The two previous Communications and the Report
provide a starting point for considering these issues further.

The Commission, like European citizens and businesses, attach a great importance to
maintaining and developing services of general interest. However, given all the
different views and expectations of the various stakeholders,
the Commission
believes that a broader debate and consultation at European level would be a useful,
further clarifying and developing the
and indeed necessary,
Community’s general approach on how to best ensure the articulation between the
principles on services of general economic interest underlying Article 16 of the
Treaty and other Treaty objectives. The Commission has identified the Green Paper
as a key initiative in its Legislative and Work Programme for 2003.5

step towards

The Green Paper will be a consultation document. It will identify questions that need
to be explored and discuss issues rather than defining firm positions. The other
Community institutions, the Member States and all interested parties, will be invited
to comment and will have the opportunity to give their views, in particular on any
issue related to a possible framework directive. Our goal is to establish the basis for
developing a common approach on how to ensure the future of efficient high-quality
services of general interest in the European Union.

The Green Paper will focus primarily on the situation under the current Treaty
framework. The aim is to open a discussion that is linked to the work currently being
pursued by the Convention but it is not intended to be a direct contribution to this
debate.

The Commission’s intention to produce a Green Paper does not imply that ongoing
work on issues related to services of general interest has been suspended. The work
on these issues continues in parallel with the preparation of the Green Paper6 and
could provide useful input to it.

4 Services of General Interest in Europe, OJ C 281, 26.9.1996, p. 3; Services of General Interest in Europe, Communication

from the Commission, OJ C 17, 19.1.2001, p. 4.

to the Laeken European Council,

5 COM(2002) 590 final, 30.10.2002.
6 For example, as regards performance evaluation and the application of state aid rules, two other issues addressed by the
Report
the Commission in June presented a Communication on an evaluation
methodology and a Report on the state-of-play of the preparation of guidelines on state aid and services of general
economic interest (A Methodological Note for the Horizontal Evaluation of Services of General Economic Interest,
COM(2002) 331 final, 18.6.2002; Report to the Seville European Council on the status of work on the guidelines for state
aid and services of general economic interest, COM(2002) 280 final, 5.6.2002).

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NEXT STEPS

The Commission is currently working on the Green Paper and intends to publish the
document in the first quarter of 2003.

Following a public consultation on the basis of this Green Paper, the Commission
will finalise its examination and present
its conclusions together with concrete
initiatives and legislative proposals, if appropriate, by the summer 2003.

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