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In this political context too, the process aimed at clarifying the specific role of SSGI, and SGI as a whole, may prove both useful and informative with a view to future developments in the process of European integration across the Union.
In this political context too, the process aimed at clarifying the specific role of SSGI, and SGI as a whole, may prove both useful and informative with a view to future developments in the process of European integration across the Union.
The communication submitted by Vladimir Špidla on behalf of the Commission on social services of general interest in the European Union provides an opportunity to clarify the role of SSGI across Europe, in terms of social aspects and legal certainty.
The communication submitted by Vladimir Špidla on behalf of the Commission on social services of general interest in the European Union provides an opportunity to clarify the role of SSGI across Europe, in terms of social aspects and legal certainty.
No doubt it will also provide an opportunity for an extensive debate which must go beyond the drawing-up of this parliamentary report and the debate and vote thereon.
No doubt it will also provide an opportunity for an extensive debate which must go beyond the drawing-up of this parliamentary report and the debate and vote thereon.
Such an extended debate must also involve the social organisations working at European level, regional and local authorities, the European Parliament, the Commission and the Council.
Such an extended debate must also involve the social organisations working at European level, regional and local authorities, the European Parliament, the Commission and the Council.
One of the aspects which will need to be analysed is the possible creation of a legal instrument in the area of social services, which would also cover health, to guarantee political clarity in the procedures and legal certainty for the social organisations involved.
One of the aspects which will need to be analysed is the possible creation of a legal instrument in the area of social services, which would also cover health, to guarantee political clarity in the procedures and legal certainty for the social organisations involved.
It should also establish general principles relating to action in this area by the public authorities involved, whether they be local, regional, of federal states or autonomous communities.
It should also establish general principles relating to action in this area by the public authorities involved, whether they be local, regional, of federal states or autonomous communities.
It appears absolutely necessary that, wherever local or regional authorities perform differentiated functions supporting and financing SSGI, the resources allocated at national level should be adequate to enable the local and regional authorities to fulfil their social function comprehensively and to a high standard, particularly as regards supporting SSGI.
It appears absolutely necessary that, wherever local or regional authorities perform differentiated functions supporting and financing SSGI, the resources allocated at national level should be adequate to enable the local and regional authorities to fulfil their social function comprehensively and to a high standard, particularly as regards supporting SSGI.
It is also absolutely necessary to guarantee full transparency in the financial relations between public authorities and social organisations at all times.
It is also absolutely necessary to guarantee full transparency in the financial relations between public authorities and social organisations at all times.
The organisational and management arrangements of SSGI vary widely across the Member States.
The organisational and management arrangements of SSGI vary widely across the Member States.
This diversity must be respected, and the quality of the services provided and the proper use of any public resources made available, whether national resources or Community resources, must be verified in each case.
This diversity must be respected, and the quality of the services provided and the proper use of any public resources made available, whether national resources or Community resources, must be verified in each case.
At all events, this Commission communication is a step towards providing a clear legal status for SSGI.
At all events, this Commission communication is a step towards providing a clear legal status for SSGI.
Carrying out the extended process which it recommends may help define and clarify the legal status of mutual and other organisations active in the social sector within the Union, which appears necessary, fair and useful.
Carrying out the extended process which it recommends may help define and clarify the legal status of mutual and other organisations active in the social sector within the Union, which appears necessary, fair and useful.
SSGI have all the necessary features to strengthen the social dimension of the Lisbon Strategy, in terms of the volume of employment that they can create and the social cohesion which they help guarantee, but essentially thanks to the social role they perform in various ways in the European Union.
SSGI have all the necessary features to strengthen the social dimension of the Lisbon Strategy, in terms of the volume of employment that they can create and the social cohesion which they help guarantee, but essentially thanks to the social role they perform in various ways in the European Union.
It is a fact that active social policies are inseparable from economic policies.
It is a fact that active social policies are inseparable from economic policies.
An economic policy that promotes the development and creation of jobs will make a decisive contribution to shaping and implementing a more active social policy.
An economic policy that promotes the development and creation of jobs will make a decisive contribution to shaping and implementing a more active social policy.
This makes it possible to forge a link between economic growth and social cohesion.
This makes it possible to forge a link between economic growth and social cohesion.
The work done by those who collaborate on a voluntary basis with organisations providing SSGI on the ground needs to be clearly and fully recognised throughout the European Union.
The work done by those who collaborate on a voluntary basis with organisations providing SSGI on the ground needs to be clearly and fully recognised throughout the European Union.
In this context, vocational training activities need to be developed that will make it possible to improve the quality of social services provided by SSGI volunteers and paid workers.
In this context, vocational training activities need to be developed that will make it possible to improve the quality of social services provided by SSGI volunteers and paid workers.
It is also necessary to consider the role of services of general economic interest across the European Union, ensuring an overall clarification of the concepts of service of general interests, SSGI and services of general economic interest so as to provide legal certainty for all players in the social area and clarify the relevant procedures.
It is also necessary to consider the role of services of general economic interest across the European Union, ensuring an overall clarification of the concepts of service of general interests, SSGI and services of general economic interest so as to provide legal certainty for all players in the social area and clarify the relevant procedures.
The diversity of organisational models and management systems in SSGI must be respected throughout the European Union.
The diversity of organisational models and management systems in SSGI must be respected throughout the European Union.
Procedures and financing rules for services must comply with common principles of transparency and monitoring by the public authorities to ensure the adequacy of the tasks carried out by comparison with the social missions of public interest that are the responsibility of SSGI across Europe.
Procedures and financing rules for services must comply with common principles of transparency and monitoring by the public authorities to ensure the adequacy of the tasks carried out by comparison with the social missions of public interest that are the responsibility of SSGI across Europe.
Action will thus need to be taken to guarantee not only respect for the general interest but also the provision of effective, high-quality services that comply with the missions defined by the public authorities.
Action will thus need to be taken to guarantee not only respect for the general interest but also the provision of effective, high-quality services that comply with the missions defined by the public authorities.
Businesses that are aware of their social responsibilities will have every interest in contributing to the financing of and support for the provision of SSGI, and may indeed provide a boost to their introduction or enhancement where this is justified.
Businesses that are aware of their social responsibilities will have every interest in contributing to the financing of and support for the provision of SSGI, and may indeed provide a boost to their introduction or enhancement where this is justified.
At all events, as far as SSGI are concerned, it is necessary to ensure all possible transparency in the award of concessions and subcontracts for the provision of goods or services to social organisations.
At all events, as far as SSGI are concerned, it is necessary to ensure all possible transparency in the award of concessions and subcontracts for the provision of goods or services to social organisations.
It is vital in this context to clarify not only the principle of general interest but also the rules governing competition and state aid.
It is vital in this context to clarify not only the principle of general interest but also the rules governing competition and state aid.
In so doing, account must evidently be taken of the subsidiarity principle, which guarantees national public authorities the freedom to define, organise and finance SSGI, and of the proportionality principle, in accordance with fundamental European values.
In so doing, account must evidently be taken of the subsidiarity principle, which guarantees national public authorities the freedom to define, organise and finance SSGI, and of the proportionality principle, in accordance with fundamental European values.
This explanatory statement and report are intended to help strengthen the social aspects of the process of European integration, guaranteeing the necessary legal certainty for social players and public authorities and ensuring financial transparency, the requisite compatibility with the internal market rules applicable and improvements in the quality of services provided, in accordance with the subsidiarity principle and taking account of the need to lend practical shape to the Lisbon Strategy in the social area.
This explanatory statement and report are intended to help strengthen the social aspects of the process of European integration, guaranteeing the necessary legal certainty for social players and public authorities and ensuring financial transparency, the requisite compatibility with the internal market rules applicable and improvements in the quality of services provided, in accordance with the subsidiarity principle and taking account of the need to lend practical shape to the Lisbon Strategy in the social area.
on social services of general interest in the European Union
on social services of general interest in the European Union
The Committee on Economic and Monetary Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
The Committee on Economic and Monetary Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
A. whereas, SGIs are not only an important element of social and economic cohesion, but also contribute considerably to the competitiveness of the European economy,
A. whereas, SGIs are not only an important element of social and economic cohesion, but also contribute considerably to the competitiveness of the European economy,
B. whereas the case law of the Court of Justice of the European Communities is now extensive, is continually developing and concerns various aspects of SGIs, including State aid, equal treatment and/or the distortion of competition; whereas the numerous cases brought before the Court of Justice relating to the compatibility of SGIs with the internal market rules, raises the issue of legal clarification in this area; confirmed by the Commission's communication; whereas public authorities and the operators in the field of social services of general interest perceive the constant evolution of the Court of Justice's jurisprudence, in particular for the notion of “economic activity” as a source of uncertainty, whereas although the case law and Community legislation in this area have endeavoured to introduce clarification and reduce uncertainty, a certain ambiguity remains;
B. whereas the case law of the Court of Justice of the European Communities is now extensive, is continually developing and concerns various aspects of SGIs, including State aid, equal treatment and/or the distortion of competition; whereas the numerous cases brought before the Court of Justice relating to the compatibility of SGIs with the internal market rules, raises the issue of legal clarification in this area; confirmed by the Commission's communication; whereas public authorities and the operators in the field of social services of general interest perceive the constant evolution of the Court of Justice's jurisprudence, in particular for the notion of “economic activity” as a source of uncertainty, whereas although the case law and Community legislation in this area have endeavoured to introduce clarification and reduce uncertainty, a certain ambiguity remains;
C. whereas, taking into account the principle of subsidiarity pursuant to Article 5(2) of the EC Treaty, it is for the Member States and their regional and/or local authorities to define SGIs and to decide which services should be covered and how they should be organised, financed, delivered, evaluated and controlled, and this should be fully respected when drafting further legislation,
C. whereas, taking into account the principle of subsidiarity pursuant to Article 5(2) of the EC Treaty, it is for the Member States and their regional and/or local authorities to define SGIs and to decide which services should be covered and how they should be organised, financed, delivered, evaluated and controlled, and this should be fully respected when drafting further legislation,
D . whereas in Article 2 of the Directive on services in the internal market certain social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities recognised as such by the State are explicitly excluded from the scope of the Directive,
D . whereas in Article 2 of the Directive on services in the internal market certain social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities recognised as such by the State are explicitly excluded from the scope of the Directive,
Welcomes the Commission's intention to continue the consultation process in greater depth so as to clarify the application of certain Community rules for social services; takes the view, further, that the proposed extended consultation process should be completed by mid-2007 and ask the Commission to formulate a decision on how to follow up this process and identify the best approach to take, including considering the need and legitimacy of a sector-specific legislative proposal .
Welcomes the Commission's intention to continue the consultation process in greater depth so as to clarify the application of certain Community rules for social services; takes the view, further, that the proposed extended consultation process should be completed by mid-2007 and ask the Commission to formulate a decision on how to follow up this process and identify the best approach to take, including considering the need and legitimacy of a sector-specific legislative proposal .
Stresses that SGIs should be of a high quality, and accessible and should encompass comprehensive coverage, should be provided at optimum cost, should respect a social balance, and should be provided on the basis of lasting security of supply; and emphasises that the majority of SGIs can be provided under conditions of fair competition, according to the principle that private and public undertakings must receive equal treatment;
Stresses that SGIs should be of a high quality, and accessible and should encompass comprehensive coverage, should be provided at optimum cost, should respect a social balance, and should be provided on the basis of lasting security of supply; and emphasises that the majority of SGIs can be provided under conditions of fair competition, according to the principle that private and public undertakings must receive equal treatment;
Recalls the fact that the rules in force in this area are defined by the case law of the Court of Justice and by the Commission's interpretation of individual cases, and that, thus, neither the necessary legal certainty nor adequate transparency has yet been achieved;
Recalls the fact that the rules in force in this area are defined by the case law of the Court of Justice and by the Commission's interpretation of individual cases, and that, thus, neither the necessary legal certainty nor adequate transparency has yet been achieved;
Emphasises that in those cases where EC market rules manifestly hinder the provision of public services, targeted measures and sector-specific regulations are the preferred solution and a detailed and ongoing evaluation of public services in the EU, identifying the problem areas, must be at the basis of any policy proposals;
Emphasises that in those cases where EC market rules manifestly hinder the provision of public services, targeted measures and sector-specific regulations are the preferred solution and a detailed and ongoing evaluation of public services in the EU, identifying the problem areas, must be at the basis of any policy proposals;
Calls on the Commission, therefore, to ensure more legal certainty in the area of social and health-care SGIs and where necessary to formulate a proposal for a sector-specific directive of the Council and the Parliament in those fields in which it is appropriate to do so; further calls on the Commission to consider and submit all the relevant proposals together, in order to avoid demarcation problems;
Calls on the Commission, therefore, to ensure more legal certainty in the area of social and health-care SGIs and where necessary to formulate a proposal for a sector-specific directive of the Council and the Parliament in those fields in which it is appropriate to do so; further calls on the Commission to consider and submit all the relevant proposals together, in order to avoid demarcation problems;
Social services of general interest in the European Union
Social services of general interest in the European Union
ECON 15.5.2006
ECON 15.5.2006
Bernhard Rapkay 15.5.2006
Bernhard Rapkay 15.5.2006
Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Elisa Ferreira, Jean-Paul Gauzès, Donata Gottardi, Sophia in 't Veld, Wolf Klinz, Andrea Losco, Astrid Lulling, Cristobal Montoro Romero, Joseph Muscat, John Purvis, Alexander Radwan, Bernhard Rapkay, Dariusz Rosati, Eoin Ryan, Antolín Sánchez Presedo, Manuel António dos Santos, Olle Schmidt, Margarita Starkevičiūtė, Sahra Wagenknecht
Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Elisa Ferreira, Jean-Paul Gauzès, Donata Gottardi, Sophia in 't Veld, Wolf Klinz, Andrea Losco, Astrid Lulling, Cristobal Montoro Romero, Joseph Muscat, John Purvis, Alexander Radwan, Bernhard Rapkay, Dariusz Rosati, Eoin Ryan, Antolín Sánchez Presedo, Manuel António dos Santos, Olle Schmidt, Margarita Starkevičiūtė, Sahra Wagenknecht
Katerina Batzeli, Valdis Dombrovskis, Harald Ettl, Syed Kamall, Werner Langen, Klaus-Heiner Lehne, Alain Lipietz, Jules Maaten, Vladimír Maňka, Thomas Mann, Corien Wortmann-Kool
Katerina Batzeli, Valdis Dombrovskis, Harald Ettl, Syed Kamall, Werner Langen, Klaus-Heiner Lehne, Alain Lipietz, Jules Maaten, Vladimír Maňka, Thomas Mann, Corien Wortmann-Kool
OPINION of the Committee on the Environment, Public Health and Food Safety
OPINION of the Committee on the Environment, Public Health and Food Safety
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
Welcomes the aim of the Communication on Social services of general interest to promote the modernisation of social services within the Community in order to provide services with a high level of quality, safety and efficiency, respecting consumer and user rights, patient dignity and the freedom to provide cross-border services; considers it desirable to ensure greater legal safety regarding services of general interest, in particular social services and medical and pharmaceutical treatment, by means of a proposal for a specific sectoral European Parliament and Council directive if necessary;
Welcomes the aim of the Communication on Social services of general interest to promote the modernisation of social services within the Community in order to provide services with a high level of quality, safety and efficiency, respecting consumer and user rights, patient dignity and the freedom to provide cross-border services; considers it desirable to ensure greater legal safety regarding services of general interest, in particular social services and medical and pharmaceutical treatment, by means of a proposal for a specific sectoral European Parliament and Council directive if necessary;
Points out that social services of general interest are essential for the economic, social and territorial cohesion in the EU as they respond to public service obligations and objectives of general interest defined by each Member State's competent authorities in accordance with the subsidiarity principle; underlines the importance of transparency in the definition of these objectives particularly given that such services are increasingly delivered by third parties, by way of public-private partnerships and outsourcing, and as such come under Community law;
Points out that social services of general interest are essential for the economic, social and territorial cohesion in the EU as they respond to public service obligations and objectives of general interest defined by each Member State's competent authorities in accordance with the subsidiarity principle; underlines the importance of transparency in the definition of these objectives particularly given that such services are increasingly delivered by third parties, by way of public-private partnerships and outsourcing, and as such come under Community law;