Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-02-21-Speech-1-183"
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"en.20050221.17.1-183"2
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".
Mr President, I wish to apologise to Mrs in 't Veld for failing to mention at the outset that I was impressed by her report. I know it was a difficult job, but the result has been worth it. The contribution this report has made to the debate is really important, so I congratulate her.
I very much agree with the idea that the Commission should review the application of new rules after a certain period, and after carrying out an impact assessment.
In line with other state-aid frameworks, such as the regional aid guidelines and the block exemptions, we suggest that the framework should apply for six years and be renewed, on the basis of a review, for four years in this case. For reasons of legal certainty, the validity of the decision should not be limited in time, but I very much agree with the need to hold a review.
It was also suggested that there is a necessity to consult widely on the definition of the public service obligations, particularly where this concerns users. The Commission agrees in principle, but it is up to Member States and their regional or local authorities to define public services in practice. The Commission can only recommend that Member States consult widely on that matter.
I have consulted my colleague, Mr Barrot, on the suggestion of expanding the scope of the decision concerning transport. There are several sector regulations in this field, which make extending the scope of the current package difficult. However, I understand that a separate package is being prepared, and your comments on land and air transport links certainly constitute interesting input for that package.
A benchmarking exercise, especially the benchmarking of public services and services of general economic interest, would be difficult to carry out. It might not be technically feasible, since public services are structured in different ways in different EU countries. Considering the costs – and, perhaps, the limited usefulness – of such a study, I do not think it is a good idea.
I am aware of the problem involving existing compensation when the conditions applicable are not met. I understand that Member States need a certain period of time to modify their existing schemes. We will consider ways of granting legal certainty for a transitional period. The criteria for the Altmark ruling need further work and clarification. In its White Paper on Services of General Interest, adopted in May 2004, the Commission announced that it would adopt a text on this issue in 2005.
Mrs De Vits asked about social health and care services, and these are already covered by the draft decision. In the light of the amount of public service compensation generally granted to care services, most should fall within the thresholds for compensation defined in the decision and should therefore benefit from the exemption from notification.
On the points raised by Mrs De Vits, the Commission supports the recommendation that tendering processes should be used wherever possible, and in most cases in which the Altmark criteria have been met there will be no state aid. But we know that, in reality, tenders are not widely used, particularly for small services of general economic interest. I agree with Mrs van den Burg that we need to take experience into account. In the light of experience, we will have a better and clearer view of how to handle this. If there is no way of tendering, then the cost basis of a well-run company – in this case, a public service company – should be taken into account.
I thank Mrs in 't Veld again. We will certainly return to these matters once we have had more experience.
One of the key motives behind the Commission's proposal is to increase legal certainty and predictability. One of the remarks made this evening referred to the need for predictability for those who have to deal with public services and public service financing schemes.
As I have already mentioned, we also want to reduce the administrative burden: to get rid of red tape and a lot of bureaucracy not only at European level but also at national and regional level. That is why timing is so essential.
The question of the efficient functioning of services of general economic interest is of great importance for the Commission, and for Parliament, the Member States and for the consumer – the European Union citizen. Contrary to what is sometimes said, Community competition rules do not hinder the proper functioning of these services. They do not affect the prerogatives and responsibilities of national, regional or local authorities to define, organise, finance and monitor public services.
I very much agree with the idea that we should occasionally review what we are doing. When we consider the Altmark court case, it is not that difficult to make a clear decision on three of the four criteria. Therefore, I do not agree with the Member who said that it is difficult to define a true public service. Nor is it difficult to define a contract or to identify the parameters of compensation. As Mrs van den Burg said, there could be difficulties when tendering is a possibility. When difficulties arise, you need to calculate the costs on the basis of a well-run company. Therefore, as far as the fourth criteria is concerned, having implemented this court case ruling for four years we can take our experience into account. We know that in reality tenders are not widely used for small services of general economic interest. Under Altmark, the compensation paid is therefore state aid and needs to be notified.
The Commission's established policy is not to restrict the financing of companies in charge of public service obligations. However, we ensure that this financing is really necessary and does not lead to undue distortions of competition. The current proposals respond to the new environment arising from the Altmark case. The Commission's draft decision seeks to reduce the notification burden as concerns small services of general economic interest.
The Treaty establishes that the efficient functioning of services of general interest is a shared responsibility between the Union and Member States. The proposals before you today form a part of the Commission's efforts to play its role in achieving this. I welcome the fact that you support the reduction of unnecessary red tape and I will take that into account.
The draft decision excludes small public services from the notification burden, thereby matching the thresholds set for small- and medium-sized enterprises. As Mrs in 't Veld's report suggests, the Commission considers this to be the most appropriate approach.
The hospital and social housing sectors will also be exempt from notification. This is made quite clear, and is justified by the high amounts of compensation necessitated by the nature of these public services."@en1
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