The Directorate General of Employment and Social Affairs released a Communication highlighting the specificities of social services of general interest (SSGI).
Because more and more SSGI are classified as ’economic’ activities, many of them fall under the EU internal market and competition rules even when they are managed directly by public authorities.
The Communication attempts to define and clarify what is meant by SSGI and reviews the support that they already receive from different existing community instruments. It recognises that SSGI are connected with access to fundamental social rights and to the achievement of social cohesion, and therefore based on solidarity. They also point out the special role of not-for-profit organisations, and local authorities within this framework.
The Communication targets not only state aid to service providers but also the application of internal market rules (especially the principle of freedom to provide services and freedom of establishment), as well as public procurement rules.
However, health-care services are excluded from the scope of the Communication as they are going to be dealt with in a separate initiative.
In order to gain a clearer picture of each country’s legislation and approach, the Commission has decided to launch a study as well as a consultation with interested parties. On the basis of the responses and the report, the Commission will produce a report describing the state of art, every two years. The first one is planned for end 2007.
Reactions from the Social Platform
The Social Platform - of which EPHA is a member - welcomed the Communication but feels the Commission should have taken bolder steps towards advancing legal instruments.
According to the Social Platform, there is a need to provide legal certainty, as SSGI are covered by various different EU sectors such as competition, state aid and public procurement rules.
The Social Platform also points out that some social and health services are closely related and these should be debated in future consultations.
European Parliament report on Services of General Interest
At the end of september 2006, the European Parliament adopted a report on Services of General Interest, prepared by the German Socialist Bernhard Rapkay.
It calls on the European Commission to present appropriate legal initiatives through the co-decision procedure, including a sectoral directive on social and health services of general interest. It carefully avoids specifying further the type of legal framework.
European Commission consultation on Community action on health services
