11 Amendments of Andreas SCHWAB related to 2011/2146(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the origin of services of general economic interest (SGEIs) as a State response to the insufficient supply of goods and services in essential areas, whereby States guaranteed the provision of essential quality services which would otherwise not exist; notes that the subsequent development of SGEIs has its roots in the countless market failures in the provision of public goods and services;
Amendment 4 #
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages the Commission to put forward a legislative initiative that will ensure compatibility betweenStresses that the specific nature of SGEIs, a is recognised in Article 14 of the Lisbon Treaty and Protocol 26 annexed to the Treaty, and the competitionrecognises the special ruoles laid down in Articles 106 and 107, taking account, among other aspects, of of regional and local authorities in theis conditions set out in the Altmark judgmentnection;
Amendment 13 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it crucial to combat the legal uncertainty caused by cases brought before the European Court of Justice and infringement proceedings opened by the Commission, by providing a clear and rigorous definition of SGEIs and differentiating them from services of general non-economic interest (SGIs)Welcomes the Commission’s move to provide further clarifications on the distinction between non-economic and economic activities, in order to avoid cases being brought before the European Court of Justice and infringement proceedings opened by the Commission; suggests that, in doing so, it should not confine itself to reiterating the case law of the European Court of Justice but should provide determining criteria to help in distinguishing between these two types of activity;
Amendment 14 #
Motion for a resolution
Recital D
Recital D
D. whereas, with Article 14 TFEU, a new legal basis has bees 106 and 107 TFEU, the Lisbon cTreated whereby the principles and conditions for the operation of SGEI, particularly economic and financial conditions, are established by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedurey provides the appropriate legal basis for the reform of state aid rules for SGEI,
Amendment 17 #
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the specific nature of small- scale public procurementSGEIs at regional and local level, which does not affect competition in the internal market and where a simplified and transparent procedure should be possible that encourages innovation and the participation of small and medium-sized enterprises (SMEs).
Amendment 20 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers with this in mind that higher de minimis thresholds for SGEIs are an appropriate way to deal with these services in a simplified procedure and thus significantly reduce the considerable administrative burden on service providers without any negative effects on the internal market;
Amendment 37 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that reform of the EU rules on state aid forthe specific nature of SGEIs is only part of an urgently required horizontal legislative framework for SGEI, and that such a framework offers the only means of affording the requisite legal certainty and clarity in relation to EU law on SGEI; emphasises that a new legal basis for such a horizontal legislative framework has been created with Article 14 TFEU; points out that the Commission undertook, in the Single Market Act, to bring forward by the end of 2011, in addition to its communication, a series of measures on SGEI; calls on the Commission, therefore, to submit a proposal for the horizontal legislative frameworkrecognised in Article 14 TFEU and Protocol 26 annexed to the Treaty of Lisbon, and recognises the special role of national, regional and local authorities in this connection;
Amendment 69 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes in this connection the Commission’s move to provide further clarifications on the distinction between non-economic and economic activities in the context of SGEIs, in order to create greater overall legal certainty, and to avoid cases being brought before the European Court of Justice and infringement proceedings opened by the Commission; suggests that, in doing so, the Commission should not confine itself to reiterating the case law of the European Court of Justice but should provide determining criteria to help in distinguishing between these two types of activity;
Amendment 78 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose appropriatehigher thresholds for the ‘de minimis’ arrangement; suggests as a possible reference in this respect the combined indices for SGEIs, so that these services can be dealt with by a simplified procedure and the considerable administrative burden ofn size of municipality, amount of compensation payment and level of turnoverervice providers significantly reduced without any negative effects ofn the undertaking entrusted with the operation of the serviceSingle Market; suggests taking as a reference point the level of services provided in local authority areas;
Amendment 103 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the special remit and character of SSGI should not only be protected but should also be clearly defined under sector-specific rules;
Amendment 106 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises how important it is for SGEI to be of high quality and the need for them to be universally accessible; points out in this regard that the Commission’s responsibility, under the TFEU competition rules, is confined to monitoring state aid for the provision of SGEI, and that the only basis for setting European-level quality and efficiency criteria is Article 14 TFEU, with observance ofquality and efficiency criteria can only be taken into account at European level with due regard to the subsidiarity principle;