Social Services of General Interest (SSGI)

Eilmansberger/Herzig
2.6.2. Access and affordability; continuity; contractual and pre-contractual obligations
If a legal act under Art 16 EC is to include universal-service obligations in conformity
with the existing acquis, they could be used to guarantee access to such services of a certain
quality and at an affordable price for all people irrespective of their economic, social or
geographic situation. Directive 97/33/EC 188 gives a precise definition of the Community
concept of universal-service obligations, which relates to a defined minimum set of services
of specified quality which is available to all users independent of their geographical location
and, in the light of specific national conditions, at an affordable price. The new package of
rules on electronic communication even includes a special Directive on universal services. 189
Another aspect of universal services is the right to individual access to such services.
This notion is also expressed in Art 36 of the Charter of Fundamental Rights. For instance,
Directive 2002/22/EC 190 sets forth that all reasonable requests for connection to the public
telephone network and access to the publicly available telephone service must be met by at
least one undertaking. This also involves requirements as to the quality of the connection
provided.
The aspect of affordable prices may also result in universal-service obligations
covering measures of price formation and price fixing. This includes rules aimed at ensuring
that those on low incomes or with special social needs are not prevented from accessing or
using the service. Literature describes this as the 'social force majeure' principle designed to
protect vulnerable parties. 191 For instance the Directive concerning common rules for the
internal market in natural gas 192 requires that there be adequate safeguards to protect
vulnerable customers, including appropriate measures to help them avoid disconnection. The
regulatory density of requirements concerning access and affordability varies by act of
Community law. The Commission presumes that the definition of universal services and thus
the details of Community law requirements should basically fall within the competence of
Member States. 193 Nevertheless there are a number of acts of Community law which contain
very specific requirements for universal services. An example would be the ones under
Directive 2002/22/EC concerning the organisation of ISDN services, the publication of
directories covering all listed telephone subscribers, emergency services and very detailed
billing rules for service providers. Also the Postal Services Directive sets out very detailed
requirements on the quality of services to be provided. 194
Among the typical universal-service obligations we also find continuity of service.
The Commission defines such continuity as being the obligation of the service provider to
ensure permanent supply of the service to the public. The Postal Services Directive specifies
that postal services shall not be interrupted or stopped except in cases of force majeure.
188
Directive 97/33/EC of the European Parliament and of the Council on interconnection in
telecommunications with regard to ensuring universal service and interoperability through application of the
principles of Open Network Provision (ONP), OJ 1997 L 199/32.
189
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service
and users' rights relating to electronic communications networks and services (Universal Service Directive),
OJ 2002 L 108/51.
190
see Art 4 of the Directive (FN 189).
191
Wilhelmsson, Services of General Interest and Private Law, in Rickett/Telfer, International Perspectives on
Consumers’ Access to Justice (2003) 165.
192
see Art 3(3) of the Directive (FN 185).
193
See also White Paper on services of general interest, COM(2004) 374 final, par. 5.
194
see also Szyszczak (FN 184) 247 f.
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