Public Services, also known in EU law as Services of General Interest (SGIs), are services whose provider is entrusted by a public authority (national, regional or local) with specific missions of general interest. These services can either be of economic or non-economic nature and their missions can include Public Service Obligations or Universal Service Obligations. [CEEP, Mapping Public Services, 2010]
European Law distinguishes between Non-Economic SGIs (NESGIs) and Services of General Economic Interest which are subject to Internal Market and competition law.
The term Services or General (Economic) Interest used in this statement shall include all such services.
- CEEP welcomes the balanced and clear draft report on TiSA of MEP Viviane Reding. CEEP believes that worldwide trade is a guarantee for peaceful relations between national states, and therefore supports Ms Reding´s aim to shape globalisation and create fair international trade standards while fully guaranteeing the EU acquis [paragraph 1-a-ii]. Furthermore, CEEP is convinced that free trade is an absolute condition for sustainable growth and jobs.
- Like Ms Reding, CEEP believes that trade agreements negotiated by the EU should preserve the essential role played by Services of General (Economic) Interest (SG(E)Is) in the social market economy and therefore also the freedom of choice of European, national, regional and local public authorities in organising, providing and funding those services. With an ambitious resolution, the European Parliament could significantly shape the negotiations on TISA. MEPs need to seize this opportunity and take a constructive approach.
- CEEP strongly supports Ms Reding in her ambition to seize TiSA as an opportunity to increase legal certainty for public services by including a “gold standard” clause into the text of the agreement [Paragraph 1-b-x]. Currently public services are carved-out from market access commitments through a complex combination of clauses and reservations which do not explicitly express the overall political will to not adversely affect the provision of existing and future SG(E)Is. A « gold standard » clause should apply to all modes and forms of services supply[1] and make it clear that nothing in the agreement shall be interpreted as adversely affecting the provision of SG(E)Is at European, national, regional and local level.
- Public services (including cultural services) should not be further opened-up [Paragraph 1-b-i]
European, national, regional and local public authorities should not be constrained to further open-up SG(E)Is to market access. Therefore CEEP supports the call of Ms Reding to exclude public services from market access obligations. CEEP suggests to introduce this sub-paragraph under paragraph a) since the protection of public services relates to the general principles of the Lisbon Treaty and should therefore be pursued in all parts of the negotiations.
- Exclusion of SG(E)Is from EU commitments [Paragraph 1-b-ix]
The political will to not put the provision of existing and future SG(E)Is under pressure should be explicitly expressed and secured through the inclusion of a “gold standard” clause. It should cover all EU legislation which is part of the EU acquis for SGIs such as the regulation 1370/2007 on public transport.
- Commitments on new services need to be re-negotiated [Paragraph 1- b-iii]
New services should not be automatically included in EU market access commitments without re-negotiation. In addition, the “digital dimension” of products and services shall be negotiated in the context of their respective original classifications.
- Linguistic and cultural diversity and exclusion of audiovisual services [Paragraph 1-b-xi]
In line with the EP resolution on TTIP, EU’s and Member States’ cultural policy sovereignty needs to be enshrined in a horizontal binding clause, thereby covering all chapters of the future agreement. As mentioned in the draft report, the agreement has to ensure a clear and broad exclusion of audiovisual services taking into account current and future technological developments in the media. Finally, CEEP suggests to move this provision to paragraph a) as it relates to general principles of the EU treaties and to the very scope of the negotiations.
- Ensure balanced international trade rules for the digital economy [Paragraph c]
First of all, it must be ensured that TiSA does not allow for any circumvention or weakening of European data protection regulation. It should be guaranteed that cross-border data flows are in compliance with data protection and security rules in force in the country of residence of the data subjects. Furthermore, telecommunication services have experienced a radical transformation with the convergence of mobile networks and Internet transmission services. Therefore, it is important that the negotiations on TiSA “address the persistent regulatory asymmetries regarding the telecommunications sector”.
[1] E.g. Monopolies, exclusive rights, public-public cooperation, economic need tests, etc.
