ETUC Resolution on a regulatory framework for services of general interest and public procurement

Brussels, 13-14 December 2000

1. The ETUC calls for its position paper “In the general interest” (Public services for European citizens - ETUC Charter on public services, 15 December 1998) and the joint position of the sectoral social partners, as agreed in the Joint Charter with the CEEP (Proposal for a Charter of services of general interest, 15 June 2000,) to be taken into consideration in the current debate. The ETUC is convinced that Article 16 of the Treaty should be extended by appending the ETUC-CEEP Charter on services of general interest as a protocol to the Treaty of the European Union. This was regrettably not included in the Nice Treaty and will now have to await the next treaty reform. In the meantime it will therefore be all the more important that, in particular, the Commission implements a coherent approach in its different, related initiatives. This should give effect to the perspective as set out in the ETUC-CEEP Charter, and, as reflected in the Nice summit conclusions, recognising the importance of services of general interest as a key element of the European social model in practice.

2. The ETUC calls for the Commission to pursue a proactive strategy for the negotiated modernisation of these services aimed at improving and developing them and based upon the general principles underlying services of general interest such as equal access, quality services, fair pricing, universality, the quality of work, quality employment, safety and social justice. This strategy should contribute to sustainable social development and the fight against social exclusion and to territorial and social cohesion within the context of a market social economy and the European social model. The development of services of public interest is a precondition for the realisation of the Lisbon employment strategy.

3. The ETUC urges the Commission and Member States to create a regulatory framework for the operation of services of public interest: a framework directive with specific sectoral directives. As a directly involved party, the ETUC and its affiliates expect to be consulted on these proposals.

4. The ETUC welcomes the reference to the Social Partners' Joint Charter in the Commission's Communication on services of general interest; therefore, when proposing to open up the markets, the Commission should, as a precondition, also ensure respect for the quality of services and standards, including working conditions. The ETUC calls on the Commission to give due weight to Treaty Articles 2 and 127, which state that the aim of achieving a high level of employment must be taken into account in drawing up and implementing the Community's actions and policies.

5. The ETUC calls for the controlled opening of the sectors concerned to be accompanied by democratic regulation including the information, consultation and participation of trade unions and workers' representatives.

6. The ETUC calls on the Commission to carry out evaluations which take account of the general principles for services of general interest, employment levels, quality of jobs, and the views of workers and their representatives before putting forward fresh proposals. Given the effects on employment, working conditions and the risk of creating new monopolies, the Commission should take particular care that these evaluations are carried out in a serious fashion, with the involvement of all the parties concerned.

7. The criteria and principles for services of general interest should also be applied to directives on public procurement. The ETUC calls upon the Commission to avoid further delay in the publication of its communications on the social and environmental aspects of public procurement. The ETUC also calls on the Commission, the European Parliament and the Council to take account of its position “Public procurement in the European Union” (resolution adopted by the ETUC Executive Committee on 15-16 December 1998), when revising the public procurement directives, as well as the Lisbon employment strategy. Consequently, the selection criteria of the public procurement procedure should be revised in order to make it possible to secure the observance of a “fair labour standards” clause, including respect for the collective agreements in force, equal opportunity, non-discrimination and compliance in general with EU social policy objectives as well as the policies for sustainable growth.