Outline Background: development of the Commission’s position Commission position set out in the 2007 Communication Follow-up and next steps

Key Commission policy documents 1996 First Communication „Services of general interest in Europe“ 2000 Second Communication „Services of general interest in Europe“ 2001 Report to the Laeken European Council 2003 Green Paper on services of general interest 2004 White Paper on services of general interest 2006 Communication on social services of general interest 2007 Communication on services of general interest: A new European commitment 

2001 Communication Second Communication „Services of general interest in Europe“ (2001) identifies legal certainty regarding the application of internal market and competition rules as a key concern. It is highlighted that: rules apply only to economic activities that affect trade between Member States where rules apply, compatibility is based on three principles (1) neutrality with regard to public or private ownership (2) Member States freedom to define services of general interest, subject to control of manifest error (3) proportionality: restrictions of competition and internal market freedoms must not exceed what is necessary to guarantee the effective fulfillment of the public service mission  

2004 White Paper Guiding principles enabling public authorities to operate close to the citizens achieving public service objectives within competitive open markets ensuring cohesion and universal access maintaining a high level of quality, security and safety ensuring consumer and user rights monitoring and evaluating the performance respecting diversity of services and situations increasing transparency providing legal certainty  

Context Lisbon Treaty Article 14 TFEU (ex Article 16 TEC) Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.

Protocol (no 26) on services of general interest Context Lisbon Treaty Protocol (no 26) on services of general interest THE HIGH CONTRACTING PARTIES, WISHING to emphasise the importance of services of general interest, HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union: Article 1 The shared values of the Union in respect of services of general economic interest within the meaning of Article 14 of the Treaty on the Functioning of the European Union include in particular: the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users; the diversity between various services of general economic interest and the differences in the needs and preferences of users that may result from different geographical, social or cultural situations; a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. Article 2 The provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non-economic services of general interest.

The Commission’s approach – Principles 2007 Communication The Commission’s approach – Principles ensuring application of EU rules while respecting diversity meeting public interest objectives within the single market Protocol provides a coherent framework for EU measures

The Commission’s approach – Scope 2007 Communication The Commission’s approach – Scope remaining focus on the large network industries, at this stage in particular on energy increased attention given to certain other sectors, such as social services and health services in line with the single market review: emphasis on implementation/full application rather than on new legislation

The Commission’s approach - implementation 2007 Communication The Commission’s approach - implementation a pragmatic consolidation of the EU framework: offer concrete solutions for concrete problems clarify and explain cross-cutting issues, in particular in the areas of state aid and procurement (e.g. inter- active information service) develop sector-specific measures evaluate impacts ensure proper transposition and application provide information exchange best practices control implementation

Next steps transposition of adopted legislation (postal services directive, services directive…) adoption of pending legislation (electronic communications package, cross-border health services) review of the functioning of the Altmark package other initiatives