Brussels, 15.2.2013 SWD(2013) 53 final COMMISSION STAFF ...

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municipalities jointly launching a public procurement procedure or creating an entity for the purpose ofproviding an SSGI, etc. .........................................................................................................................................96212. To what extent do the public procurement rules apply to public-private partnerships (PPPs)?........97213. To what extent is it possible, in the award of a public contract or of a concession for a social serviceof general interest, to lay down an obligation to comply with certain corporate governance rules (e.g. equalcontrol of the enterprise by employers’ representatives and trade union representatives, or inclusion of userrepresentatives on the board of directors)? ..........................................................................................................98214. How can the public procurement rules be reconciled with the public authorities’ need to encourageinnovative solutions that meet the complex needs of the users of SSGIs?..........................................................99215. What are the advertising requirements for SSGI concessions? Is publication in the EU’s OfficialJournal possible? ..................................................................................................................................................99216. Are there any arrangements for outsourcing SSGIs other than public contracts and concessionsthat would be compatible with the principles of transparency and non-discrimination and would offer a widechoice of providers? ............................................................................................................................................1005 Simultaneous application of the State Aid rules and the rules on publiccontracts and service concessions to SGEIs ......................................... 100217. Does EU law impose a specific form of management of SGEIs?.....................................................100218. When a public authority finances the provider of an SGEI in accordance with the State Aid rules,must it also apply the EU rules on the award of public service contracts or service concessions?..................100219. Is it possible for the concessionaire of an SGEI to receive State Aid in the form of public servicecompensation in order to cover the effective costs of the public service task it is entrusted with?...................101220. Does the exception whereby the public procurement rules do not apply to in-house operations meanthat the State Aid rules do not apply either? ......................................................................................................102221. What are the objective criteria for determining that a certain level of compensation neutralises theoperating risk?.....................................................................................................................................................1026 General questions relating to the application to SGEIs, and SSGIs inparticular, of the treaty rules on the internal market (freedom ofestablishment and freedom to provide services)................................... 102222. When do the Treaty rules on the internal market (Articles 49 and 56 TFEU) apply to SSGIs? .....103223. When is an activity classified as ‘economic’ within the meaning of the Treaty rules on the internalmarket (Articles 49 and 56 TFEU) and of the Services Directive? ...................................................................103224. When is an activity qualified as ‘non-economic’ within the meaning of the Treaty rules on theinternal market (Articles 49 and 56 TFEU) and of the Services Directive? .....................................................104225. Are the social services not covered by the Services Directive nevertheless subject to the Treaty ruleson the internal market?.......................................................................................................................................104226. Can social policy objectives justify the application of measures aimed at regulating the socialservices sector?....................................................................................................................................................10516
227. Can Member States decide to restrict the provision of certain social services to non-profit-makingservice providers?................................................................................................................................................1057 Questions concerning the applicability of the Services Directive toSGEIs and, in particular, to SSGIs........................................................ 106228. Which services of general economic interest fall within the scope of the Services Directive? ........106229. Which social services have been excluded from the Services Directive and when do the Directive’sprovisions apply to these social services? ...........................................................................................................106230. When implementing the Services Directive, can Member States keep authorisation schemes forsocial services? ....................................................................................................................................................107231. Where the same authorisation scheme applies to services both excluded from and included in thescope of the Directive, does this scheme come under the provisions of the Directive? If so, must the MemberState set up separate authorisation schemes for the excluded and included services?.....................................107232. Does Article 2(2)(j) of the Services Directive apply to social services relating to nurseries and daycare centres for children furnished by providers mandated by the State or the local authorities or by any otherbody mandated for this purpose?........................................................................................................................108233. Article 2(2)(j) of the Services Directive states that the social services must be provided by the ‘State’or by ‘providers mandated by the State’. What does the concept of ‘State’ cover in this context?...................108234. What does the concept of ‘providers mandated by the State’ (Article 2(2)(j)) cover?......................108235. Is the concept of ‘provider mandated by the State’ set out in the Services Directive (Article 2(2)(j))the same as the concept of ‘act of entrustment’ within the meaning of Article 106(2) TFEU and of the SGEIpackage? .............................................................................................................................................................108236. Does the following constitute an act of entrustment within the meaning of the Services Directive:an official decision by a regional public authority defining a vocational training social service of generalinterest and entrusting management of this to one or more training undertakings by means of a serviceconcession, with the granting of public service compensation?........................................................................109237. What does the concept of ‘charities recognised as such by the State’ (Article 2(2)(j)) cover? ........10917
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Page 3 and 4: 4.2 Provision of the SSGI is entrus
Page 5 and 6: 20. What are the logical steps of t
Page 7 and 8: 59. Does the requirement of an act
Page 11 and 12: 128. In the event that several publ
Page 13 and 14: 160. What is the purpose of the req
Page 15: 196. What is the relationship betwe
Page 19 and 20: SGEIs compatible with the internal
Page 21 and 22: As for the answers to questions con
Page 23 and 24: activity’ within the meaning of t
Page 25 and 26: 8. Is it possible to regard certain
Page 27 and 28: that the market will be able to pro
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Page 31 and 32: carried on by a non-profit operator
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Page 35 and 36: than comparable services rendered b
Page 37 and 38: not provide any transport services
Page 39 and 40: carry out their task of providing s
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Page 45 and 46: and the precise/highly detailed ser
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Page 51 and 52: The Communication states that gener
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Page 55 and 56: three years. The fact that in accou
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Page 59 and 60: other assets needed for the provisi
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127. How should the amount of compe
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The sector of the activity is anoth
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142. What effect would the establis
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150. Who should provide the reports
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examine the measure concerned. The
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The Framework (paragraph 55) also p
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In devising the method of compensat
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As indicated in paragraph 23 of the
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183. Pursuant to paragraph 61, cert
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specified in the act of entrustment
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transfer of state resources and imp
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services in question are of cross-b
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According to the case law of the Co
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criteria 178 clauses requiring the
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public authority cannot require the
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participants, as opposed to a publi
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There are various ways of involving
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The State Aid rules and the rules o
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Treaty). With regard to the rules o
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grounds of social policy objectives
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On the other hand, the social servi
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236. Does the following constitute
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