16 Amendments of Derk Jan EPPINK related to 2011/2146(INI)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas services of general economic interest (SGEI) have an important place in the shared values of the Union, and promote social, economic and territorial cohesion,
Amendment 3 #
Motion for a resolution
Recital B
Recital B
Amendment 6 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas cost-effective solutions of competing private undertakings are necessary in the interest of the citizen and essential against the background of the budgetary situation,
Amendment 8 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the value-creating potential of the private sector cannot be fully realised when public undertakings enjoy competitive advantages vis-à-vis private companies,
Amendment 15 #
Motion for a resolution
Recital D
Recital D
D. wWhereas, with Article 14 TFEU, a new legal basis has been created whereby the principles and conditions for the operation of SGEI, particularly economicpplies without prejudice to the application of State anid financial conditions, are established by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedurerules and, from that perspective, cannot serve as a legal basis for provisions on State aid to SGEI,
Amendment 23 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Requests the European Commission to put forward a clarification of the relations between the rules of the internal market and the provision of public services and assuring the application of the principle of subsidiary in the definition, organization and financing of public services; underlines that such a clarification is necessary to complement competition rules laid down in Articles 106 and 107 relating to SGEI; recalls that Article 106(2) TFEU provides that SGEI "shall be subject to the rules contained in the Treaties, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.";
Amendment 27 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that any reform of the EU state aid rules must take into account the special function of SGEI and must adhere strictly to the principle of subsidiarity, as the primary responsibility for commissioning, providing, financing and organising SGEI, in accordance with Protocol No 26 TFEU, rests with the Member States, which have wide discretion in that regard;
Amendment 39 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that, under Article 106(2) TFEU, undertakings entrusted with the operation of services of general interest are subject to the rules prohibiting and controlling state aid only in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them by national, regional or local authorities; highlights, in this regard, the clear stipulation in Article 14 TFEU that the Union and the Member States, each within their respective powers and within the scope of application of the Treaty, shall take care that such services operate on the basis of principles and conditions to enable them to fulfil their mission; calls therefore for the reform of the EU sState aid rules to take account of both these articles and to ensure that the rules do not prevent undertakings entrusted with the operation of SGEI from being appropriately compensatcompensation granted to SGEI does not come with excessive costs to public finances or a low quality of the services provided;
Amendment 43 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asserts emphatically that public services must be ofNotes that European citizens want a high quality, and accessible to all sections of the population; views with concern, in this regard, the restrictive stance taken by certain Member States which, in relation to state aid for social housing associations, classify the services provided by such associations as social services of general interest (SSGI) only if they are reserved for socially disadvantaged persons or groups, this restrictive interpretation being at odds with the higher goal of fostering an appropriate social mixrea-wide and affordable supply of necessary and important services; highlights in this regard that, to that end, safeguarding competition is crucial;
Amendment 65 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission, as part of the promised simplification of state aid rules, to introduce greater flexibility in the monitoring of over-compensation, as this would result in significant time and cost savings for both service providers and the public authorities; suggests, to this end, that, in the case of multiannual contracts, checks for over-compensation should be carried out only at the to strictly monitor possible over-compensation; notes that administrative simplification could result in significant time and cost savings for both service providers and the public authorities; emphasises however that such simplification should not be to the detrimendt of the contractual periodransparency;
Amendment 84 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 85 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 91 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 99 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 104 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises how important it is for SGEI to be of high quality and the need for them to be universally accessible; points out in this regard that the Commission's responsibility, under the TFEU competition rules, is confined to monitoring state aid for the provision of SGEI, and that the only basis for setting European-level quality and efficiency criteria is Article 14 TFEU, with observance ofto ensure the compatibility of compensation granted to SGEI with EU State aid rules in order to avoid services of a low quality but high costs to the spubsidiarity principlelic;
Amendment 110 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that if the undertakings entrusted with the operation of SGEI are selected on the basis of efficiency criteria then the fourth condition set by the Court of Justice ruling in the Altmark case is fulfilled, and; that, subject to observance of the three remaining conditions, the compensatory payments do not, according to the case law of the Court, constitute state aid within the meaning of Article 107(1) TFEU; that efficiency criteria can also be taken into account for the compatibility assessment of State aid; and that efficiency incentives can improve the provision of the services to the benefit of both public finances and the users of the services;