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Download pdf - European Union of Developers and House Builders

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25Services in the Internal Market <strong>and</strong> Services <strong>of</strong>General Interest <strong>and</strong> General Economic InterestAs social services are being modernised in many EUMember States, <strong>of</strong>ten in partnership with the privatesector <strong>and</strong> non-pr<strong>of</strong>it organisations, everyone involvedneeds clarification on how <strong>European</strong> law affects theevolving situation. A new communication adopted inJune 2006 by the <strong>European</strong> Commission addresses thisAt its meetings in Oxford in September 2006, UEPC hadthe pleasure <strong>of</strong> welcoming Pr<strong>of</strong>. Bartosch, who made apresentation on the New State Aid Law.Services Directive 2006/123/ECIn December 2006 the final text <strong>of</strong> the directive wasadopted. The Directive on Services in the InternalMarket is aimed at breaking down barriers to tradeissue <strong>and</strong> the rapid changes in ‘social services <strong>of</strong> generalinterest’ (SSGIs). The communication presents for thefirst time a list <strong>of</strong> these services’ specific characteristics<strong>and</strong> reviews the support they receive from variousexisting community instruments. The services differfrom country to country, but can include sectors such associal housing.In March 2007 the <strong>European</strong> Parliament adopted aresolution based on the own-initiative report drafted byJoel Hasse Ferreira in response to the Commissioncommunication on SSGIs. The EU Parliament pointedout that there was an urgent need to clarify conceptssuch as ‘public service’, ‘service <strong>of</strong> general interest’,‘service <strong>of</strong> general economic interest’, <strong>and</strong> ‘social service<strong>of</strong> general interest’, <strong>and</strong> the legal framework withinwhich SSGIs operate.On several occasions in 2006 <strong>and</strong> 2007, UEPC sentletters to explain its views to individuals in the<strong>European</strong> Commission <strong>and</strong> Parliament working on thisissue. UEPC is closely monitoring progress <strong>and</strong> newinitiatives in this area, as there is a risk <strong>of</strong> distortingcompetition between private <strong>and</strong> public house buildersin terms <strong>of</strong> granting state aid, <strong>and</strong> because there areopportunities for developers to cooperate with publicenterprises in public private partnerships.in services across the EU. It has been one <strong>of</strong> the mostdisputed pieces <strong>of</strong> EU legislation in recent years, withproponents arguing that it will boost <strong>European</strong> competitiveness<strong>and</strong> critics attacking it for producing ‘socialdumping’.In 2007 the <strong>European</strong> Commission published a h<strong>and</strong>bookon the implementation <strong>of</strong> the Services Directive.The aim was to provide Member States with technicalassistance in implementing the directive. It will betranslated <strong>and</strong> published in all <strong>of</strong>ficial EU languages. Transpositionfor Member States is 28/12/2009 at the latest.In March 2006, UEPC voiced its concerns about thedraft directive <strong>and</strong> pointed out the interference betweenthe proposed Services Directive <strong>and</strong> the SSGI proposal,as well as the risk that competition would be distorted.Public Private Partnerships - PPP <strong>and</strong>Institutionalised PPPAt the EU level, there was no real <strong>of</strong>ficial progress onthis file in 2006-07. The announced clarification <strong>of</strong> theinstitutionalised PPP has yet to be published.As an issue <strong>of</strong> importance to UEPC members, this fileremains on hold.

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