PUBLIC SERVICE OBLIGATIONS AND COMPETITION
|
|
- Emily Henderson
- 6 years ago
- Views:
Transcription
1 PUBLIC SERVICE OBLIGATIONS AND COMPETITION Summary of presentations and discussions, CERRE Expert Workshop 15 May 2013, Brussels Speakers: Prof. Catherine Waddams (CERRE & CCP-UEA), Dr Michael Harker (CCP-UEA), Antje Kreutzmann (CCP-UEA), Prof. Pierre Bauby (University Paris 8 & Sciences Politiques), Dirk Segers (Director, Regulatory Affairs, Mobistar), François Degorge (Manager, Regulatory Affairs, SNCF) A recent CERRE report on Public Service Obligations and Competition outlines the current provision made for public service obligations across telecoms, postal services, electricity, gas and railways at the European level and as implemented in four EU countries (Belgium, France, Germany and the UK). Antje Kreutzmann, Doctoral Researcher at the Centre for Competition Policy of the University of East Anglia and co-author of the CERRE report, presents a summary of the legal arrangements which are applicable in the different member states. She explains that a minimum set of requirements is present in all member states and all sectors regarding universal service, service continuity and quality, affordability and consumer protection. Furthermore, all analysed member states impose a number of sector-specific obligations on operators, such as security of supply in the energy sector, safety and security requirements in the rail sector and interconnectivity in telecommunications. Antje Kreutzmann shows that, in general, legal provisions regarding PSOs serve as a mediator between the single market and liberalisation policies pursued by the European Commission and the social and cohesion policies being implemented at national level. However, as these provisions often conflict with competition law, they are sometimes not made explicit in legislation and carried out implicitly by the incumbent operator, which is frequently still (partly) state-owned. Furthermore, Antje Kreutzmann points out that many sectors (with postal services and telecommunications as notable exceptions) display worrying regulatory and legislative gaps in the legal framework applicable to PSOs and USO. Dr Michael Harker, Senior Lecturer at the Centre for Competition Policy of the University of East Anglia and co-author of the report, discusses the study s findings regarding the compensation mechanisms put in place to finance universal service obligations. He points out that Art. 106 of the European Treaty provides member states with ample discretion in determining whether USOs fall within the definition of Services of General Economic Interest and to choose appropriate compensation methods. However, the ample freedom that is left to member states is kept in check by the fact that over-compensation of USOs would be considered as an infringement on state aid rules. Possible over-compensation will be dete rmined by the application of the Altmark criteria, i.e. the compensation cannot exceed the costs of provision by an efficient undertaking. Centre on Regulation in Europe (CERRE) asbl Rue de l Industrie 42 Box 16 - B-1040 Brussels - Belgium Ph: +32 (0) Fax: +32 (0) info@cerre.eu 1/5
2 Furthermore, Michael Hanker points out that the potential compensation mechanisms that may be used by national authorities have been set out in the European Commission s Green Paper on Services of General Interest. 1 These include direct public subsidies, special or exclusive rights, tariff averaging and contributions by market participants to sectoral funds. The European Commission furthermore expresses a clear preference for direct public subsidies, because they are the most transparent and least distortionary compensation mechanism and because they do not create barriers to entry. In the telecommunications sector, Michael Harker points out that the Universal Service Directive s Recital 4 explicitly outlines how compensation mechanisms should be designed. The compensation should be limited to the net cost of providing the USO, taking into account the possible intangible benefits (e.g. enhanced brand recognition, access to telephone directory information) that the operator may derive from providing the USO. Furthermore, compensation schemes are only required if the net cost of providing the USO represents an unfair burden for the operator, i.e. if the cost is excessive in view of the undertaking s financial situation and market share. Therefore, the cost of the USO might be found, by the regulatory authority, to be an unfair burden for some operators but not for others. As Michael Harker explains, these stringent limits on the development of compensation mechanisms imply that they have only been put in place in 4 European member states. In the railway sector, the situation is very different. Public service contracts are established for all services which operators would not provide if they were only considering their own commercial interest. These public service contracts are awarded by auctions and guarantee the exclusive exploitation rights for a given railway route. The railway directives contain detailed guidance on the compensation methodology and if compensation schemes comply with the directives, they do not require prior notification to the European Commission under state aid rules. To conclude, Michael Harker points to the fact that even when the general regime is relatively prescriptive, such key concepts as unfair burden and intangible benefit were left undefined and had to be filled in by the Courts. This has the advantage of providing ample flexibility to the re gulatory framework, but is also raises the level of legal uncertainty and instability of compensation schemes. Furthermore, Dr Harker points to the fact that there has been very little competition for the market of USOs, with incumbents mostly in charge of providing universal services. In this regards, sectoral funds and competitive tendering are recent developments which may increase the efficiency of providing USOs and raise the level of transparency about their true costs. Prof. Catherine Waddams, Joint Academic Director of CERRE, Professor at the Centre for Competition Policy of the University of East Anglia and Project Director for this research project, presents the results of a survey which has been administered to CERRE member organisations regarding their experience with USOs. The survey collected respondents views regarding, on the one hand, what USOs should ideally include (e.g. geographical coverage, income inequalities, effect on innovation), and, on the other hand, what the effect of existing USOs has been on the sector s performance. 1 EUROPEAN COMMISSION (2003), «Green Paper on Services of General Interest», COM(2003) _CEW_PSOComp 2/5
3 The results of the survey were in this respect not very surprising, with most regulators answering that they thought USOs were working well (i.e. bringing sizeable benefits to targeted social groups and not altering innovation incentives and the level playing field), and operators more critical of the actual impact of USOs. Also not surprisingly, incumbent operators and new entrants disagreed about the impact of USOs on the level playing field, with incumbents seeing USOs as a burden on their ability to compete and new entrants as a generous subsidy to the incumbent, distorting competition. Prof. Pierre Bauby, Professor of Political Sciences at the University-Paris 8 and Sciences Politiques, explains that the development of a European approach to Services of General Economic Interest is a quite recent phenomenon, which has been gradually introduced after the adoption of the Single European Act of 1986 and the first waves of liberalisation. Since then, the liberalisation process has deepened (through the adoption of successive sectoral legislation packages) and extended to new sectors. This increased liberalisation has been accompanied by European initiatives aimed at rebalancing competition with a renewed attention f or general interest objectives. In Prof. Bauby s view, in the field of Services of General Economic Interest we could even speak about a European Acquis Communautaire based on Art. 106 TFEU. The latter gives, in application of the subsidiarity principle, the general competence to provide and finance SGEI to national, regional and local authorities. Furthermore, as long as these authorities respect the fundamental principles of the EU (i.e. transparency, non-discrimination, equal treatment and proportionality), these SGEI are not subject to competition policy and state aid rules. Prof. Bauby presents an analytical grid which shows that SGEI are at the intersection of 4 conflicting but complementary policy objectives. These objectives are 1) long-term public policies; 2) economic, social and territorial cohesion; 3) subsidiarity between the different levels of government; and 4) the deepening of the single market and the promotion of competition. He points out that, within each sector, the relative importance of the various policy objectives widely differs, due to particular national traditions, diverse European policies and sectoral idiosyncrasies. Finally, Prof. Bauby stresses that analysing how PSOs distort competition, already reflects an a priori judgement the prevalence of competition and that one could also frame the debate as analysing how competition distorts the provision of PSOs Dirk Segers, Director of Regulatory Affairs at Mobistar, explains that USOs have a long history in the Belgian telecommunications sector and that they urgently need to be updated to reflect changing social lifestyles and technological developments. For example, the universal geographical provision of fixed-line telephony and the necessity of pay phones have been rendered obsolete by the ubiquity of mobile telephony. Other obligations could be satisfactorily carried out by competitive providers, such as the provision of telephone directory information. Regarding the existence of social tariffs, Dirk Segers shows the complexity of the system currently in place in Belgium, which in the end only yields limited benefits to disadvantaged customers (max. 11/month). Furthermore, the system is rendered inoperable by the existence of multi -play bundles (which do not allow attributi ng costs to the bundle s _CEW_PSOComp 3/5
4 components) and the changing nature of the beneficiaries status (unemployment, age, disability, etc.). To illustrate this, he explains that Belgacom cleaned out its database of social tariff recipients in 2005 and that this led to the removal of 17,000 people who, although they had not been eligible for social tariffs for years, were still benefiting from them. Furthermore, Dirk Segers regrets the high level of legal uncertainty that exists around the USO fund that has been set up in the Belgian telecoms sector. Due to annulments by the European Court of Justice and the Belgian Constitutional Court, no compensation mechanism is yet in place, but operators are obliged to keep provisions on their books for these funds. This is non negligible and represents for Mobistar around 1.5% of total profits. Finally, Dirk Segers also points out that USOs (e.g. social tariffs, emergency services) are only supported by telecoms operators. This introduces increasing distortions to competition with the emergence of over-the-top providers (such as Skype) which are not included in the scope of USO regulations, although they directly compete with telecoms operators. François Degorge, Regulatory Manager at SNCF, points out that the tension between PSOs and competition derives from an inherent tension between citizens (who benefit from PSOs) and customers (who benefit from competitive offerings). Historically, public sector companies used to address citizens needs, and through the liberalisation process, these companies are more and more subject to tensions between their new-found obligation to cater to customers in a competitive environment and their traditional role as providers of public services to all citizens. Therefore, before defining PSOs in a competitive market, a number of questions need to be explicitly addressed by public authorities. First, governments need to define the exact scope of what will be covered by the PSO (in terms of beneficiaries, extent of services, etc.). They also need to explicit which provider will be in charge of delivering the service and at which price. François Degorge explains that many problems with PSOs and USOs derive from the fact that even these simple questions are not always clearly answered by public authorities. Furthermore, François Degorge points to a number of specificities from the railway sector which make the provision of PSOs particularly difficult. For example, he explains that, contrary to other sectors, the customer is an integral part of the service provided by railway undertakings. Therefore, he wonders how the concept of provider of last resort will be implemented. Will incumbent operators be requested to assist new entrants in case of incidents? If so, at what cost and how will the incumbent be compensated? François Degorge also explains that liberalisation can be implemented through different modes of competition (i.e. open access competition and franchises), and that these different modes of competition have strongly different impacts on PSO provision. Therefore, the existence and extent of PSO needs to be taken carefully into account when choosing how to open up markets to competition. Finally, François Degorge shows that a number of PSOs in the railway sector, such as national defence and continuity of service obligations, are not explicitly defined in legislation. The absence of a clear definition leads to a miscalculation of their true costs, through the _CEW_PSOComp 4/5
5 existence of extensive cross-subsidies, which will become problematic with the development of competition. During the discussions, some participants point to the fact that tendering might be hard to implement in practice due to the high level of information asymmetry between incumbents and potential new entrants. For example, in the telecoms sector, it will be difficult for newcomers to bid for the provision of social tariffs in an auction, because the incumbent operator has much more information about the marketing profile of these customers than the new entrants _CEW_PSOComp 5/5
EUROPEAN COMMISSION. The new Universal service and Users rights Directive
EUROPEAN COMMISSION The new Universal service and Users rights Directive Alexandre de Streel DG Information, Brussels ITU, Seminar on Universal Service access and service Bratislava, 6 March 2002 1 OUTLINE
More informationThe Voice of European Railways POSITION PAPER DOMESTIC PASSENGER MARKET OPENING IN THE CONTEXT OF THE 4RP. 18 September October 2009 Page 1/9
The Voice of European Railways POSITION PAPER DOMESTIC PASSENGER MARKET OPENING IN THE CONTEXT OF THE 4RP 18 September 2012 October 2009 Page 1/9 Introduction CER supports market liberalisation measures
More informationCEMR Response to the Consultation on the new texts regarding the application of State aid rules to Services of General Economic Interest
COUNCIL OF EUROPEAN MUNICIPALITIES AND REGIONS CONSEIL DES COMMUNES ET REGIONS D EUROPE Registered in the Register of Interest Representatives Registration number: 81142561702-61 CEMR Response to the Consultation
More informationDG COMPETITION Unit F3 01 April 2014
State aid to the Postal Sector DG COMPETITION Unit F3 01 April 2014 AGENDA 1. Introduction 2. Legal framework 3. Postal Directives 4. Notion of aid: State aid or no State aid? 5. Compatibility assessment
More informationCERRE CENTRE ON REGULATION IN EUROPE
Market power and market definition in the network industries Summary of presentations and discussions, CERRE Regulation Forum 21 June 2011, Brussels Speakers: Prof. Pierre Larouche (CERRE & TILEC- Tilburg),
More informationStudy on the implementation of regulation (EC) n 1370/2007. on public passenger transport services by rail and by road. (prepared by DLA Piper)
NOVEMBER 11 Study on the implementation of regulation (EC) n 1370/2007 on public passenger transport services by rail and by road (prepared by DLA Piper) Comments from the UITP EU-Committee on the DLA
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, XXX [ ](2017) XXX draft Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2009/73/EC concerning common rules for the internal market
More informationProgress since the 2004 White Paper on services of general interest
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 20.11.2007 SEC(2007) 1515 COMMISSION STAFF WORKING DOCUMENT Progress since the 2004 White Paper on services of general interest Accompanying document to
More information8. But so far the principle of local and regional self-government has not been properly respected in the EU framework. The problem is not confined to
1 March 2009 2 Introduction 1. Europe s local and regional governments have always organised and provided essential services for their citizens and businesses. These can be delivered in many different
More informationCLEAN ENERGY PACKAGE
PRELIMINARY COMMUNICATION FROM THE FRENCH ELECTRICITY SECTOR CLEAN ENERGY PACKAGE The European Commission s legislative package Clean Energy for All Europeans meets the need to provide consumers with a
More informationWorkshop on "Competitive tendering of public service contracts for rail passenger transport: Meeting the challenge" Brussels - 30 th May 2018
Workshop on "Competitive tendering of public service contracts for rail passenger transport: Meeting the challenge" Brussels - 30 th May 2018 Proceedings These proceedings summarise the main messages passed
More informationIMPLEMENTATION OF ARTICLE 33 and ARTICLE 41 OF DIRECTIVE 2009/73/EC regarding Gas Storage
IMPLEMENTATION OF ARTICLE 33 and ARTICLE 41 OF DIRECTIVE 2009/73/EC regarding Gas Storage CEER Monitoring Report 09 July 2012 Council of European Energy Regulators ASBL 28 rue le Titien, 1000 Bruxelles
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 20.11.2007 COM(2007) 725 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
More informationRetail Price Regulation and EU Law: Mapping the Issues
Retail Price Regulation and EU Law: Mapping the Issues This talk does not contain any official position of the Court of Justice of the EU Dr Adrien de Hauteclocque Court of Justice of the EU, Luxemburg
More informationConsultation on the Notice on the notion of State aid. A EURELECTRIC response paper
Consultation on the Notice on the notion of State aid A EURELECTRIC response paper March 2014 EURELECTRIC is the voice of the electricity industry in Europe. We speak for more than 3,500 companies in power
More informationLess bureaucracy for small scale financial aid
Less bureaucracy for small scale financial aid CEMR response to the consultation on the de minimis regulation June 2013 Council of European Municipalities and regions Registered in the Register of Interest
More informationTABLE OF CONTENTS 1. Introduction A shared responsibility of Public Authority in the Union An essential component of the European mode
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.5.2004 COM(2004) 374 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
More informationE R E F European Renewable Energies Federation
The new EC guidelines : what is the likely impact of making RES support mechanisms compatible with the State Aid provisions of the TFEU? Dr. Emmanuelle Raoult Presentation of EREF 2 EREF Action in the
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.5.2004 COM(2004) 374 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
More informationSUSTAINABLE PROCUREMENT
16 November 2017 Oslo, Norway SUSTAINABLE PROCUREMENT AND ITS LEGAL EFFECTS Dagne Sabockis PhD Candidate Stockholm School of Economics Public procurement amounts to ca 14 % of the total EU GDP* or 2 000
More informationToolkit for Improving Rail Sector Performance. Chapter 8: Buying Services from Railways
8 Railway Reform: Toolkit for Improving Rail Sector Performance Chapter 8: Buying Services from Railways 8. Rail Sector Governance and Policy 8 Buying Services from Railways 8.1 Introduction Most governments
More informationProviding high-quality public services in Europe based on the values of Protocol 26 TFEU
Study short version Brussels 2012 Providing high-quality public services in Europe based on the values of Protocol 26 TFEU en PROTOCOL (No 26) ON SERVICES OF GENERAL INTEREST THE HIGH CONTRACTING PARTIES,
More informationROADMAP. A. Context, Subsidiarity Check and Objectives
TITLE OF THE INITIATIVE LEAD DG RESPONSIBLE UNIT AP NUMBER LIKELY TYPE OF INITIATIVE INDICATIVE PLANNING 4th quarter 2016 ADDITIONAL INFORMATION ROADMAP Guidance on reforms needs for Member States in regulation
More informationServices of General Economic Interest (SGEIs)
Services of General Economic Interest (SGEIs) Introduction to SGEIs under EU Competition Law: SGEIs as a limitation to the application of competition rules Presentation by Dr. Frank Montag, 21.10.2013
More informationComments on the BEREC Work Programme for 2010
Comments on the BEREC Work Programme for 2010 1. Preliminary Remarks by VON Europe The Voice on the Net Coalition Europe ( VON ) welcomes the opportunity to comment on the Draft BEREC Work Programme for
More informationServices of General Economic Interest Opinion Prepared by the State Aid Group of EAGCP. June
Services of General Economic Interest Opinion Prepared by the State Aid Group of EAGCP June 29 2006 Introduction Services of General Economic Interest (SGEI) are defined in EU competition law as economic
More informationCEMR position paper on the proposal for a directive on energy efficiency
COUNCIL OF EUROPEAN MUNICIPALITIES AND REGIONS CONSEIL DES COMMUNES ET REGIONS D EUROPE Registered in the Register of Interest Representatives Registration number: 81142561702-61 CEMR position paper on
More informationIncorporating Social Considerations into Procurement
Brief 14 January 2011 Public Procurement Incorporating Social Considerations into Procurement C O N T E N T S What are social considerations? What does the Directive say about social considerations? How
More informationRWE Thames Water. GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS COM(2004) 327 final
GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS COM(2004) 327 final Position RWE Thames Water Introduction: RWE Thames Water welcomes the Commission s Green
More informationBelow-Threshold Contracts
Brief 15 September 2016 Public Procurement Below-Threshold Contracts CONTENTS Introduction Information on national procurement rules, policies and procedures Impact of Treaty principles on below-threshold
More informationENABLING CONSUMERS TO GENERATE THEIR OWN RENEWABLE ELECTRICITY
The Consumer Voice in Europe ENABLING CONSUMERS TO GENERATE THEIR OWN RENEWABLE ELECTRICITY Policy recommendations Contact: Mercè Almuni energy@beuc.eu BUREAU EUROPÉEN DES UNIONS DE CONSOMMATEURS AISBL
More informationExpected key changes in the New Directives on Public Procurement
Expected key changes in the New Directives on Public Procurement Internal Market Single Market is the nucleus and core economic driving force of the EU Most effective means of responding to the current
More informationProcurement by Utilities
Brief 16 Public Procurement September 2016 Procurement by Utilities CONTENTS Utilities procurement in context When does the Utilities Directive apply? Which entities are subject to the application of the
More informationPROPOSAL FOR AMENDMENTS
CEEP.2015 Orig. EN March 2015 PROPOSAL FOR AMENDMENTS Recommendations to the European Commission on the negotiations for the TTIP EUROPEAN CENTER FOR EMPLOYERS AND ENTREPRISES PROVIDING PUBLIC SERVICES
More informationACS Telecommunications Consultants The Future of the Universal Service Obligation
ACS Telecommunications Consultants The Future of the Universal Service Obligation A Discussion Paper Executive Summary Universal Service Obligation - Where Next? The Universal Service Obligation (USO)
More informationCommittee on the Internal Market and Consumer Protection. of the Committee on the Internal Market and Consumer Protection
European Parliament 2014-2019 Committee on the Internal Market and Consumer Protection 11.4.2017 2016/0288(COD) DRAFT OPINION of the Committee on the Internal Market and Consumer Protection for the Committee
More informationLiberalization in the context of the EU Competition Policy
Ministry of Trade,Tourism and Liberalization in the context of the EU Competition Policy mr. sc. Olgica Spevec, nk senior expert PLAC responcibility of of the PLAC Project and can in no way be taken to
More informationDIRECTIVE (EU) 2018/958 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
9.7.2018 Official Journal of the European Union L 173/25 DIRECTIVE (EU) 2018/958 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 June 2018 on a proportionality test before adoption of new regulation
More informationThe Fourth Railway Package Completing the Single European Railway Area to foster European Competitiveness and Growth
The Fourth Railway Package Completing the Single European Railway Area to foster European Competitiveness and Growth Why do we need to act? Improve competitiveness of rail with other modes in order to
More informationCOMMISSION STAFF WORKING DOCUMENT
EUROPEAN COMMISSION Brussels, 8.11.2017 SWD(2017) 368 final COMMISSION STAFF WORKING DOCUMENT Assessing the amendments to Directive 2009/73/EC setting out rules for gas pipelines connecting the European
More informationINNOVATION AND REGULATION
INNOVATION AND REGULATION Summary of presentations and discussions, CERRE Expert Workshop 25 April 2013, Brussels Speakers: Prof. Pierre Larouche (CERRE and TiLEC-Tilburg), Jean-Yves Art (Associate General
More information15489/14 TA/il 1 DG E 2 A
Council of the European Union Brussels, 20 November 2014 (OR. en) Interinstitutional Files: 2013/0028 (COD) 2013/0029 (COD) 15489/14 TRANS 528 CODEC 2240 NOTE From: To: General Secretariat of the Council
More informationThe Voice of European Railways POSITION PAPER. CER views on the revision of the utilities Directive. May 2012
POSITION PAPER CER views on the revision of the utilities Directive May 2012 Contents INTRODUCTION 3 1. EXEMPTION FOR ACTIVITIES DIRECTLY EXPOSED TO COMPETITION (ART 27, 28 & ANNEX III) 4 2. ABOLITION
More informationImplementation of EU Postal Legislation. A guide to the transposition of EC Directive 97/67/EC as amended by Directive 2008/6/EC
Implementation of EU Postal Legislation A guide to the transposition of EC Directive 97/67/EC as amended by Directive 2008/6/EC 2009 The purpose of this Guide This document is intended to serve as an explanatory
More informationDRAFT OPINION. EN United in diversity EN. European Parliament 2016/0404(COD) of the Committee on Legal Affairs
European Parliament 2014-2019 Committee on Legal Affairs 2016/0404(COD) 31.3.2017 DRAFT OPINION of the Committee on Legal Affairs for the Committee on the Internal Market and Consumer Protection on the
More informationby Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1
Defence Procurement by Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1 The new public procurement rules specific for the defence industry are expected to pave the way for
More informationPubic Monopolies, Concessions and Competition Law and Policies
Intergovernmental Group of Experts on Competition Law and Policy Geneva, 7-9 July 2009 Pubic Monopolies, Concessions and Competition Law and Policies By European Communities The views expressed are those
More informationIntroduction. The findings. The wider context ANTITRUST
The Energy Sector Inquiry: conclusions and way forward ( 1 ) Eleonora WÄKTARE, Kristóf KOVÁCS and Alexander GEE, Directorate-General for Competition, unit B-1 Introduction On 10 January 2007, after an
More informationTelecoms: how the Article 7 consultation and notification mechanism works: frequently asked questions (see also IP/10/644)
MEMO/10/226 Brussels, 1 June 2010 Telecoms: how the Article 7 consultation and notification mechanism works: frequently asked questions (see also IP/10/644) What is the Article 7 procedure? Article 7 of
More informationApplication of Social Clauses. Jeanne Copeland Greenville Procurement Partners Ltd.
Application of Social Clauses Jeanne Copeland Greenville Procurement Partners Ltd. 1 Agenda 2 Not just 3 My focus - Procurement Planning Contract management Market analysis Relevant Stages Contract conditions
More informationCOMMISSION INTERPRETATIVE COMMUNICATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 23.6.2006 COMMISSION INTERPRETATIVE COMMUNICATION on the Community law applicable to contract awards not or not fully subject to the provisions of the Public
More informationUniversal Service in the 21 st Century
Universal Service in the 21 st Century By Martin Duckworth, Director, Coleago Consulting Ltd. This article was initially published in the ITU TELECOM ASIA 2004 Daily News and On-Line News Service. Executive
More informationBelgium-Brussels: HOME/2015/ISFP/PR/DRUG/0062 Waste water analysis report on the stimulant illicit drug markets in the EU 2016/S
1 / 6 This notice in TED website: http://ted.europa.eu/udl?uri=ted:notice:254272-2016:text:en:html Belgium-Brussels: HOME/2015/ISFP/PR/DRUG/0062 Waste water analysis report on the stimulant illicit drug
More information(Information) EUROPEAN COMMISSION
29.3.2014 Official Journal of the European Union C 92/1 II (Information) INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION COMMUNICATION FROM THE COMMISSION
More informationCouncil of the European Union Brussels, 19 February 2015 (OR. en)
Council of the European Union Brussels, 19 February 2015 (OR. en) 6197/15 MI 82 COMPET 40 MAP 5 TELECOM 37 NOTE From: Permanent Representatives Committee (Part 1) To: Council Subject: Draft Council Conclusions
More informationCOMPETITION IN ELECTRICITY MARKET ACCORDING TO THE REGULATION OF DIRECTIVE 2003/54/ EC
COMPETITION IN ELECTRICITY MARKET ACCORDING TO THE REGULATION OF DIRECTIVE 2003/54/ EC JUDIT BİHM Faculty of Law, University of Miskolc Energy policy is a kind of a subject in the European Community, which
More informationInformation Requirements in the Consumer Rights Directive Proposal and in Other Directives
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY Information Requirements in the Consumer Rights Directive Proposal and in Other Directives IP/A/IMCO/NT/2010-14
More informationThe Role of the Regulator in Respect of Encouraging Consumer Choice, Affordable & Quality Services, Encouraging Investment etc.
The Role of the Regulator in Respect of Encouraging Consumer Choice, Affordable & Quality Services, Encouraging Investment etc. Seminar on Economic and Market Analysis for CEE and Baltic States Prague,
More informationComisión Nacional de Comunicaciones ARGENTINA
Comisión Nacional de Comunicaciones ARGENTINA The following are a number of principles enshrined in the Argentine Republic's current regulations that would be applicable to the regulatory framework governing
More informationRegulation and Inefficient Entry *
1. Introduction Regulation and Inefficient Entry * Mark Armstrong Nuffield College Oxford OX1 1NF UK Email: mark.armstrong@nuf.ox.ac.uk February 2000 I explore some unpleasant interactions between policies
More informationPublic Consultation on the Review of EU Regulatory Framework for Electronic Communications Networks and Services. Launched by the European Commission
Public Consultation on the Review of EU Regulatory Framework for Electronic Communications Networks and Services Launched by the European Commission 28 June 2006 27 October 2006 Public consultation on
More informationEstablishment of an Internal Postal Market Joint responsibility of all stakeholders
Establishment of an Internal Postal Market Joint responsibility of all stakeholders Dr. Jörg Reinbothe Head of Postal Services Unit European Commission Regulatory interventions and development perspectives
More informationReconciling Liberalization and Public Service Obligations 1
Reconciling Liberalization and Public Service Obligations 1 Koen Nomden Researcher, EIPA 1. Introduction This article analyses the liberalization of telecommunications, postal services, energy (electricity
More informationCase C-233/94. Federal Republic of Germany v European Parliament and Council of the European Union
Case C-233/94 Federal Republic of Germany v European Parliament and Council of the European Union (Directive on deposit-guarantee schemes Legal basis Obligation to state reasons Principle of subsidiarity
More informationDIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 7 March 2002
DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (*) as amended by Directive
More informationThe 3 rd Postal Directive establishment of an internal postal market
The 3 rd Postal Directive establishment of an internal postal market Denis Sparas DG Internal Market and Services Postal Services Unit Brussels, 05.06.2008 1 Outline Main objectives of the EU postal reform
More informationTHE PRINCIPLE OF SUBSIDIARITY
THE PRINCIPLE OF SUBSIDIARITY In areas in which the European Union does not have exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances
More informationTransport Area of Florence School of Regulation (FSR) 19 March 2012
Transport Area of Florence School of Regulation (FSR) 19 March 2012 4th European Rail Transport Regulation Forum 20 Years of Rail Liberalisation in Europe: Key Lessons and Future Prospects Jan Möllmann,
More informationState aid under EU law
State aid under EU law Blanca RODRIGUEZ Head of Unit International Relations Unit 21 October 2013 EU- China Compe..on Week 21 to 24 October 2013 - Kunming, Yunnan Province 1 Overview I. Introduction II.
More informationThe New Approach of the European Commission to Competition Cases in the Energy Sectors Case COMP/ RWE Gas Foreclosure
Global Antitrust Review 2013 183 The New Approach of the European Commission to Competition Cases in the Energy Sectors Case COMP/39.402 RWE Gas Foreclosure BURCAK YALCIN* I. Introduction The new competition
More informationState aid and waste management
State aid and waste management C H R I S TO S P E O L I D I S S TAT E A I D E X P E R T / C P E O L I D I S C O N S U LT I N G * All views expressed are personal and do not commit the European Commission
More informationHellenic Court of Audit, Greece
EU CC PUBLIC PROCUREMENT AUDIT 2018 SAIs PUBLIC PROCUREMENT AUDIT REPORTS (additional information) Typical irregularities identified in public procurement audit Hellenic Court of Audit, Greece Main observations
More informationMessage 791 Communication from the Commission - SG(2012) D/50777 Directive 98/34/EC Notification: 2011/0188/D
Message 791 Communication from the Commission - SG(2012) D/50777 Directive 98/34/EC Notification: 2011/0188/D Reaction of the Commission to the response of a Member State notifying a draft regarding a
More informationIntroduction. Public services in transport in EU and Central Europe
Introducing market forces in public services in transport in an enlarged Europe by Arthur Gleijm, NEA Transport research and training in the Netherlands Introduction Lack of market initiatives and entrepreneurship
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION INTERPRETATIVE COMMUNICATION
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.02.2008 C(2007)6661 COMMISSION INTERPRETATIVE COMMUNICATION on the application of Community law on Public Procurement and Concessions to Institutionalised
More informationHow to buy, what to buy
the voice of the NHS in Europe consultation March 2011 How to buy, what to buy Revising the EU public procurement rules Key points The European Commission Green Paper investigates ways in which the current
More informationHow to strengthen competition advocacy through competition screening Geraldine EMBERGER, Directorate-General Competition, unit A-5
How to strengthen competition advocacy through competition screening Geraldine EMBERGER, Directorate-General Competition, unit A-5 I. Introduction: The role of competition advocacy Competition advocacy
More informationEuropean Competition Law. Prof. Fabio Bassan a.a
European Competition Law Prof. Fabio Bassan a.a. 2015 16 Competition, the State and public undertakings Art. 106: 1. In the case of public undertakings and undertakings to which Member States grant special
More informationTHE REGULATORY AUTHORITIES
EN EN EN EUROPEAN COMMISSION Brussels, 22 January 2010 COMMISSION STAFF WORKING PAPER INTERPRETATIVE NOTE ON DIRECTIVE 2009/72/EC CONCERNING COMMON RULES FOR THE INTERNAL MARKET IN ELECTRICITY AND DIRECTIVE
More informationCEMR RESPONSE. Green Paper on e-procurement. Brussels, January 2011
COUNCIL OF EUROPEAN MUNICIPALITIES AND REGIONS CONSEIL DES COMMUNES ET REGIONS D EUROPE Registered in the Register of Interest Representatives Registration number : 81142561702-61 CEMR RESPONSE Green Paper
More informationThe SGEI Communication
The SGEI Communication By Nicola Pesaresi, Adinda Sinnaeve, Valérie Guigue-Koeppen, Joachim Wiemann, Madalina Radulescu 1 1. Introduction: The Communication and its role in the new SGEI package This article
More informationEU ETS Reform EURELECTRIC Statement on the Impact of Overlapping Policies on the EU ETS. A EURELECTRIC statement
EU ETS Reform EURELECTRIC Statement on the Impact of Overlapping Policies on the EU ETS A EURELECTRIC statement March 2017 EURELECTRIC is the voice of the electricity industry in Europe. We speak for more
More informationThe Electricity and Gas Sector in the EU: the Dilemmas of Public Service Obligations in the Context of State Aid
Bartłomiej Nowak The Electricity and Gas Sector in the EU: the Dilemmas of Public Service Obligations in the Context of State Aid Abstract: Public service obligations (PSOs) are a common issue in the utility
More informationCOMMISSION STAFF WORKING PAPER INTERPRETATIVE NOTE ON DIRECTIVE 2009/73/EC CONCERNING COMMON RULES FOR THE INTERNAL MARKET IN NATURAL GAS
EN EN EN EUROPEAN COMMISSION Brussels, 22 January 2010 COMMISSION STAFF WORKING PAPER INTERPRETATIVE NOTE ON DIRECTIVE 2009/73/EC CONCERNING COMMON RULES FOR THE INTERNAL MARKET IN NATURAL GAS THIRD-PARTY
More informationCouncil of the European Union Brussels, 4 February 2019 (OR. en)
Council of the European Union Brussels, 4 February 2019 (OR. en) Interinstitutional File: 2017/0294(COD) 5874/19 ER 43 COEST 21 CODEC 239 NOTE From: To: No. Cion doc.: 14204/17 Subject: General Secretariat
More informationEXPERT LEVEL TRAINING ON TELECOM NETWORK COST MODELLING FOR THE HIPSSA REGIONS
EXPERT LEVEL TRAINING ON TELECOM NETWORK COST MODELLING FOR THE HIPSSA REGIONS Banjul 19-23 August, 2013 David Rogerson, ITU Expert International Telecommunication Union 1 Session 2: Understanding the
More informationOfficial Journal of the European Union DIRECTIVE 2003/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 26 June 2003
15.7.2003 L 176/37 DIRECTIVE 2003/54/EC OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC THE EUROPEAN
More informationThe Clean Energy package. Position of the Austrian electricity industry
The Clean Energy package Position of the Austrian electricity industry The Clean Energy package On 30 November 2016, the European Commission published a wide-ranging package of measures entitled Clean
More informationNet Cost of the Universal Postal Service and Financing Options Experiences from Europe
Net Cost of the Universal Postal Service and Financing Options Experiences from Europe Alex Kalevi Dieke Presentation at UPU Forum on Postal Regulation Berne, 12 November 2009 0 Who is WIK-Consult? WIK
More informationBrexit paper 9: Public procurement post-brexit
1 Brexit paper 9: Public procurement post-brexit Summary and recommendations 1. Effective public procurement law is essential for ensuring that suppliers of goods and services in the United Kingdom (UK)
More informationEuropean Confederation of Independent Trade Unions (CESI) Opinion Adopted by the Presidium of CESI
(CESI) Opinion Adopted by the Presidium of CESI Consultation of the European Commission Towards a European Pillar of Social Rights Launching, implementing and enforcing Further information (CESI) info@cesi.org
More informationReplies to: Questions for the Hearing on the completion of the internal energy market
/HLJK+$1&+(5 Catholic University Brabant, Tilburg Replies to: Questions for the Hearing on the completion of the internal energy market 1.) Questions concerning both the directive on common rules for the
More informationBrussels, 28 October 2002 (OR. fr) THE EUROPEAN CONVENTION THE SECRETARIAT CONV 369/02
THE EUROPEAN CONVTION THE SECRETARIAT Brussels, 28 October 2002 (OR. fr) CONV 369/02 COVER NOTE from Praesidium to The Convention Subject : Preliminary draft Constitutional Treaty Attached is the preliminary
More informationthat these standards can only be delivered effectively by devolution of responsibility to the frontline;
UK GOVERNMENT RESPONSE TO THE EUROPEAN COMMISSION S GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS, MAY 2004 The UK Government welcomes the debate on the
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
EUROPEAN COMMISSION Brussels, 19.9.2012 COM(2012) 515 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
More informationCommittee on the Internal Market and Consumer Protection WORKING DOCUMENT
EUROPEAN PARLIAMT 2009-2014 Committee on the Internal Market and Consumer Protection 18.12.2009 WORKING DOCUMT on Own-Initiative Report on the EEA-Switzerland: Obstacles with regard to the full implementation
More informationTrade in services KEY POINTS. PowerShift e. V. and Canadian Centre for Policy Alternatives (CCPA) *
PowerShift e. V. and Canadian Centre for Policy Alternatives (CCPA) * KEY POINTS When most people think of free trade, they think of trade in goods such as coffee, cars and chemicals. Reducing barriers
More informationCommunity legal framework for a
European Research Area European Commission Community legal framework for a European Research Infrastructure Consortium (ERIC) COUNCIL REGULATION (EC) No 723/2009 of 25 June 2009 Interested in European
More informationTOOL #38. DRAFTING THE EXPLANATORY MEMORANDUM
TOOL #38. DRAFTING THE EXPLANATORY MEMORANDUM 1. WHEN IS AN EXPLANATORY MEMORANDUM NECESSARY? All Commission proposals and delegated acts should include an explanatory memorandum (although a simpler form
More informationComments on CFI Jugement in Deutsche Telekom AG
Comments on CFI Jugement in Deutsche Telekom AG By Alexandre Verheyden Jones Day, Brussels 1 st July 2008 averheyden@jonesday.com 1 BRI-1323811v1 1. Compliance with regulatory obligations as an Article
More information