European Economic and Social Committee
Section for Transport, Energy, Infrastructure and the Information Society (TEN)
Work Programme of the Permanent Study Group on
Services of General Interest
for 2013-2015
1.
Background and purpose of the Permanent Study Group
1.1
Organised European civil society and services of general interest: The EESC's role
Services of General Interest (SGIs) are a core component of the European economic, social and legal
systems and are a supporting pillar of the European social model and a social market economy. They
include areas such as housing, water and energy supply, waste and sewage disposal, public transport,
health, social services, youth and family, culture and communication within society, including
broadcasting, internet and telephony. Although the provision of SGI is located in the hands of various
actors in the public, private and non-profit sector, there is a clear political and financial responsibility
of the public sector for the satisfaction of needs of citizens and thus the obligation to co-ordinate the
provision of SGI in the interest of the citizen.
SGIs help people lead dignified lives and ensure that everyone has the right to access key goods and
services. They ensure justice, social cohesion and social integration and contribute to the equal
treatment of all EU citizens. As a key factor of economic, social and territorial cohesion and of
sustainable development, services of general interest can and should also mitigate the consequences of
the current financial, economic and social crisis.
It should be recognised the competition can have positive effects on the delivery of SGIs in terms of
efficiency and cost-consciousness. However, competition must not stand in the way of guaranteeing
and developing high-quality, universally accessible SGIs. Leaving the provision of SGIs purely to
market forces is not appropriate. This applies not least to the application of European and national
competition rules.
The provision of SGIs plays a very important role for the partners in social and civil dialogue and for
other interest groups within European organised civil society. This has been reflected in the EESC's
past work: not only has the Committee set up a Permanent Study Group on this issue, but it has also –
in the last ten years alone – adopted a whole series of important opinions on various aspects of the
legal basis, organisation and provision of SGIs (see appendix 1 on the legal basis and provisions on
SGIs in the EU and appendix 3 with the list of opinions). The future significance of services of
general interest for the EESC's work will depend not least on the commitment of the civil society
stakeholders represented in the EESC to seek innovative ways of ensuring that the right to universal
access to services of general interest can be extended to everything that is needed to make a dignified
life possible.
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1.2
Overall objective of the Permanent Study Group
When set up eight years ago, the Permanent Study Group was given the task to assess the concerns
and promote the views of European organised civil society in the area of SGIs. The overarching aim
was to help ensure that all Europe's citizens have access to high quality, affordable services of general
interest. This objective remains fully valid today.
However, in the light of the European financial, economic and social crisis, an additional perspective
needs to be taken regarding SGIs. In particular, the PSG needs to deal with the criticisms that appear
along with on-going deregulation, liberalisation and privatisation. Public sector and
non-profit-making organisations are often accused of being inefficient, opaque and outdated. It is
indeed true that these providers of SGIs have a particular duty to face up to changes in the economy
and society and reform themselves accordingly if they are to continue offering high-quality,
affordable services. Nonetheless, it is in the interests of society as a whole for their performance to be
further improved.
It should be emphasised that non-profit organisations and social enterprises are usually very well
placed to provide for society's needs (citizen value) in a sustainable manner and, at the same time, to
ensure democratic control, input and participation. In comparison with the private sector, they tend to
offer a stronger focus on social needs. Nevertheless, the conflict between the shareholder value and
citizen value can be found in every sector.
It would therefore make sense for the permanent study group as one of its main objectives to look at
SGIs in the context of the crisis. One of the means to explore new innovative approaches tapping into
the potential of SGIs could be to concentrate on the appropriate involvement of non-profit
organisation such as charities and foundations, and of social enterprises – alongside private and public
sector organisations – in the provision of SGIs, in particular social services of general interest
(SSGIs). This could help to enrich the current dialogue between social partners and contribute to the
development of modern, citizen-friendly solutions.
2.
Most important areas of work
2.1
Taking stock of developments in providing SGIs to citizens:
2.1.1
Impact of changes in the structure of the SGIs sector - evaluation of the evolution of the SGIs
policy since 1990, included the influence of deregulation and liberalisation.
2.1.2
Definition, measurement, challenges of the affordability of services of general economic
interest (SGEI) for citizens (among others via the own-initiative opinion TEN/517 by the
Rapp. Mr Hencks).
2.1.3
Use of EU funds for SGIs in the interest of the citizen.
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2.1.4
Thematic debates to emphasize best practices in providing public services.
2.2
The role of the non-profit sector (social economy) as provider of services of general
interest (SGIs)
Debate and development of policy ideas in relation to the role of the non-profit sector as a provider of
services of general interest, including social services of general interest (SSGIs)1 (among others via a
possible own-initiative opinion and a conference organised in Warsaw in the first quarter of 2015).
2.3
Status and role of SGIs in the EU legislative framework
The legal status of SGIs, as well as their role in the overall EU legislation will continue to be a subject
of debate and preoccupation. In this context, the PSG will make proposals for legislative changes and
evaluate the implementation of the EU legislation in this field.
2.4
Contribution to the Roadmap in the field of SGIs for the upcoming new EP and EC
Given that the life-span of the Permanent Study Group (2013-2015) will overlap with the new
Commission and the new Parliament, one of our objectives will be to set out a Roadmap on SGIs for
their new mandates. In particular, the PSG will formulate feedback and reflections from civil society
regarding future possible paths for the EU policy development in the field of SGIs.
2.5
Other areas
Upon request of the European Commission, the European Parliament or the Council Presidency.
3.
Working methods
3.1
General comments
The working method of the PSG should create space for all the members of the group to express their
ideas in an open way. The activities of the PSG should be closely coordinated with the work of other
relevant bodies within the EESC, in particular the other EESC sections, TEN PSGs and the social
economy category as well as with the work of three Groups.
One important pillar of the PSG's work is the exchange of information with other European
institutions, in particular the European Parliament, the European Commission, the Council and the
Committee of the Regions. In this context, three members of the PSG (one each from Groups I, II and
III) including the president should regularly participate in the meetings of the European Parliament's
1
See explanations under point 1.2.
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-4Public Services Intergroup. All members of PSG will be informed about the results of the work of
Public Services Intergroup.
Contact and the exchange of information with those involved in SGIs both at European level and in
individual Member States are of major importance for the permanent study group's work. This
includes the organisation of conferences, seminars and hearings, as well as participation of PSG's
delegations in relevant events organised by third parties.
The substantive basis for the SGI permanent study group's work is provided by this 2013-2015 work
programme discussed and adopted by the group's members. The group's meetings take place in
accordance with actual needs and the adopted yearly calendar2, usually four times per calendar year.
3.2
Annual calendar
The draft annual calendar is submitted to the Permanent study Group by 31 October of the previous
year3 (see the detailed agenda in appendix 2).
*
*
2
3
*
See point 3.2.
The 2013 calendar relates exceptionally to the period April – December 2013 and the 2015 calendar to the period JanuarySeptember 2015.
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Appendix 1
The legal basis and provisions on SGIs in the EU
Article 14 TFEU refers directly to services of general economic interest. However, the pivotal role is
played by Protocol 26 to the TFEU, which deals with services of general interest be they of an
economic nature or not. According to the protocol, the "shared values of the Union in respect of
services of general economic interest … 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"4.
In addition, the protocol stipulates in relation to "non-economic services of general interest":
"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"5.
Various aspects relating to the provision of SGI are also dealt with in other legal acts or in case law.
No binding, Europe-wide definition of services of general interest exists. According to a European
Commission "guide" in this area, "In Union practice, the concept of SGI refers to services, whether
"economic" or not, that the Member States regard as being of general interest, and which they
therefore subject to specific public service obligations. The concept covers services of general
economic interest (SGEIs) that fall within the scope of the TFEU and non-economic services of
general interest, which are not subject to the rules in the TFEU"6. In addition, the "guide" attempts to
explore what the concepts "service of general interest" and "social service of general interest" mean in
practice7.
4
5
6
7
Protocol (No 26), Article 1.
Protocol (No 26), Article 2.
Guide to the application of the European Union rules on State aid, public procurement and the internal market to services of
general economic interest, and in particular to social services of general interest, SEC(2010) 1545 final, 7 December 2010, point
2.1.
Guide dated 7.12.2010, SEC(2010) 1545 final, points 2.2 and 2.3.
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-6Appendix 2
Permanent Study Group on Services of General Interest
Calendar 2013
(first draft)
Period/
Date
29 May and
other dates
depending on
the EP's
agenda
11 June
Point on
work
programme
3.1
2.1.2
3.1
3.2
24 June
25 October
2.1.4
2.1.2
6 December
2.3
3.2
Activity
Comments
Participation of the EESC Delegation in the
meeting of the European Parliament's Public
Services Intergroup
1st Meeting of the permanent study group:
Discussion and adoption of the work programme
2013-2015
Discussion and adoption of the 2013 annual
calendar
Own-initiative opinion TEN/517 – first study
group meeting
Conference on Social Housing
2nd Meeting of the permanent study group:
Own-initiative opinion TEN/517 – second study
group meeting and hearing
3rd Meeting of the permanent study group:
Discussion and adoption of the 2014 annual
calendar
Workshop on the legal framework at European
and Member State level for the provision of SGIs
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With
representatives
of the COM,
EP,
Social
Economy
Category and
others
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-7Appendix 3
List of EESC opinions on SGIs in the period 2003-2013
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TEN/517 - The affordability of SGEIs: definition, measurement, challenges, European initiatives
(own-initiative opinion) (CESE 3698/2013) Rapporteur: Mr Hencks
TEN/484 - Issues with defining social housing as a service of general economic interest
(own-initiative opinion) (CES597/2012) Rapporteur: Mr Hencks
TEN/482 - Quality Framework for Services of General Interest in Europe (CESE 1316/2012)
Rapporteur: Mr Simons
TEN/455 - Reform of the EU State Aid Rules on Services of General Economic Interest
(CESE 1008/2011) Rapporteur: Mr Hencks
TEN/424 - Energy Strategy for 2011-2020 (CESE1627/2010) Rapporteur: Mr Hernández Bataller
TEN/421 - What services of general interest do we need to combat the crisis (own-initiative
opinion) (CESE 1185/2010) Rapporteur: Mr Hencks
TEN/412 - European transport policy/Lisbon Strategy and sustainable development (CESE
461/2010) Rapporteur: Mr Buffetaut
TEN/389 - Services of general economic interest: how should responsibilities be divided up
between the EU and the Member States? (own-initiative opinion) (CESE 1696/2009) Rapporteur:
Mr Hencks
TEN/372 - European energy network (Green Paper) (CESE 1029/2009) Rapporteur: Ms BATUT
TEN/334 - Policy guidelines for services of general interest and globalisation (own-initiative
opinion) (CESE 1665/2008) Rapporteur: Mr Mr Hernández Bataller
INT/409 - A single market for 21st century Europe (communication) (CESE 1502/2008)
Rapporteurs: Mr Cassidy, Mr Hencks, Mr Capellini
TEN/289 - An independent evaluation of services of general interest (own-initiative opinion)
(CESE 267/2008 ) Rapporteur: Mr Hencks
TEN/271 - Full accomplishment of the internal market of Community postal services
(CESE 614/2007) Rapporteur: Mr Hencks
TEN/253 - Implementing the Community Lisbon programme: Social services of general interest
in the European Union (CESE 426/2007) Rapporteur: Mr Hencks
TEN/223 - The future of services of general interest (own-initiative opinion) (CESE 976/2006)
Rapporteur: Mr Hencks
TEN/196 - White Paper on services of general interest (CESE 121/2005) Rapporteur:
Mr Hernández Bataller
TEN/190 - Framework for State aid – public services (CESE 1632/2004) Rapporteur: Mr
Hernández Bataller
TEN/151 - Green Paper on Services of General Interest (CESE 1607/2003) Rapporteur:
Mr Hernández Bataller
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