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Services of general interest

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Services of general interest

Outline of the Community (European Union) legislation about Services of general interest

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Services of general interest

The Treaty of Lisbon offers better protection for services of general interest in the European Union (EU). In particular, it specifies the nature of these services and the principles connected to them.

In addition, the Treaty of Lisbon creates a new legal basis specific to services of general economic interest. The objective is to provide a legal framework for these services at European level.

DEFINITIONS

Services of general interest bring together market and non-market services which are subject to certain public service obligations, due in particular to the general interest they serve.

Services of general economic interest (SGEI) constitute a sub-category and bring together mainly market services. These services are also subject to public service obligations and as such may derogate from certain European rules, particularly in the area of competition. These services include services in the energy, transport and telecommunications sectors.

Article 106 of the Treaty on the Functioning of the EU specifies that undertakings entrusted with the operation of SGEI are subject to European law only in so far as these rules do not obstruct the particular tasks which they must carry out.

RECOGNISING SERVICES OF GENERAL INTEREST IN THE EU

Recognising services of general interest in the EU is complex as the means of managing these services vary widely depending on the traditions of the Member States. For a long time the EU considered SGEI solely from the perspective of competition law, for example by recognising that the implementation of SGEI could derogate from the rules of free competition.

However, the Treaty of Lisbon breaks new ground by adding a protocol on services of general interest to the founding Treaties. This protocol, which has the same legal value as the Treaties, specifies the protection to be afforded to SGEI at European level. It recognises:

  • the role and discretionary powers of the national authorities in operating SGEI;
  • the diversity of SGEI, due in particular to the geographical areas and different cultures;
  • the high level of quality, and the equal treatment of users and universal access to SGEI.

LEGAL FRAMEWORK FOR SGEI AT EUROPEAN LEVEL

The Treaty of Lisbon introduces another innovation. It creates a new legal basis which enables the European institutions to adopt regulations concerning the operation of SGEI. Article 14 of the Treaty on the Functioning of the EU specifies that the Council and the Parliament may establish certain principles and conditions relating to the commissioning and financing of SGEI.

This legal basis should therefore enable the EU to reconcile the general interest in the best possible way with compliance with the rules on competition in the operation of SGEI. However, the Treaty on European Union specifies that EU intervention shall not affect the competency of Member States. The latter are therefore free to define and organise the SGEI which they provide to their citizens.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

The competitiveness of business-related services

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The competitiveness of business-related services

Outline of the Community (European Union) legislation about The competitiveness of business-related services

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

The competitiveness of business-related services

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – The competitiveness of business-related services and their contribution to the performance of European enterprise [COM(2003) 747 final – Not published in the Official Journal].

Summary

This Communication, which contains an economic analysis of the role of services in the European economy and examines their competitiveness, seeks to reflect their importance in the overall EU economy and to signal the Commission’s commitment to improving the framework conditions within which business-related services operate.

Business-related services

Business services cover knowledge-intensive business services, such as information technology (IT) consulting, management consulting, advertising and professional training services, as well as operational services consisting of services such as industrial cleaning, security services and secretarial services. The business services sector is not just the largest creator of employment, it also adds more value to the economy than any other macro-economic sector. It has the highest growth potential, more new enterprises are created than in any other sector, and business-related services provide the foundation for the knowledge-based economy.

Growth of business-related services is usually explained by the migration of employment from the manufacturing industry to services due to the outsourcing of the services functions previously produced in-house. But the reasons for the growth are much more complex. Changes in production systems, more flexibility, stronger competition on international markets, the increasing role of ICT and knowledge and the emergence of new types of services are other important factors. Business services have a key role to play in fulfilling the objective set at the Lisbon European Council in March 2000 of making Europe the most competitive and dynamic knowledge-based economy in the world by 2010.

The business-related services sector in Europe does, however, lag well behind the growth in productivity recorded in the United States. This will, in future, threaten the prospects for employment in Europe. There is a genuine danger that services jobs may be transferred to the US and Asia unless the political authorities respond quickly to the challenges facing business-related services in the EU. The main challenges in a knowledge-based economy relate to the ability to remain competitive, and that depends to a great extent on the capacity to invest in IT and R&D. Unfortunately, in this respect the EU is trailing far behind the United States: overall IT expenditures in the EU amounted to 4.2 % of GDP in 2001 compared to 5.3% in the US, whilst EU average R&D expenditures were 13 % – with large differences across Member States – against the US figure of 34 %.

As a result of this situation, and despite the significant share (26 %) of international trade (imports and exports) in business-related services held by European services compared to US services (18 %), in absolute terms the overall net US balance is double the EU one (35 billion versus 17 billion) and is clearly better in terms of the imports/exports cover rates: 124% of surplus versus 108%. This is explained by the fact that the EU is a major importer of business-related services, implying only a small net surplus. The positive net balance is created by relatively large surpluses for financial and insurance services, transportation and IT services, whereas some knowledge-intensive business services (legal, accounting and management services, advertising and market research) and royalties show a large deficit.

Challenges and political priorities

In order to be competitive on the international market, European companies need to be able to rely on framework conditions which are designed to rise to the challenges presented in a global market. This communication first of all identifies the main challenges facing business-related services in the EU in the form of the following five elements:

  • Market integration and competition in business-related services markets is not vigorous enough to ensure and strengthen their competitiveness;
  • The inputs necessary for the production (labour qualifications, integration of ICT and capital) are lacking in quality and quantity;
  • The outputs from business-related services enterprises are not sufficiently transparent (standards), valued (reporting on intangible assets) or documented (quality);
  • The provision and use of business-related services is limited in less developed regions, which mainly affects SMEs and convergence processes;
  • Knowledge about the sector and the markets is scarce, hampering the decision-making ability of enterprises and policymakers.

This communication lists a number of actions which can be taken to tackle each of these five challenges. In response to a business-related services market which is not vigorous enough in terms of market integration and competition, for example, it proposes the:

  • Elimination of obstacles to trade in services in the Internal Market and international trade. The abolition of legal and administrative obstacles to cross-border trade and investment in the EU has been stepped up following the Directive on Services in the Internal Market and the possible extension of the Notification Directive (98/34), together with the liberalisation of international trade in business-related services (see the ‘Services’ Directive). The reduction, or indeed elimination, of economic, social, cultural, etc. barriers hampering the full integration of service markets within Europe may be achieved through the promotion of complementary measures such as the reinforcement of entrepreneurship, networks, skills, common quality standards or innovation;
  • Boosting of competition in the business-related services markets. The competitiveness of business-related services can only be obtained through competitive markets. The introduction of competition in some service sectors like telecommunications and air transport has increased the number of enterprises operating under market conditions, reducing prices, improving quality and boosting employment and the range of services offered;
  • Modernisation of public administrations. The competitiveness of many business-related services is closely linked to the performance of public administrations. However, a wide range of services, traditionally provided by public authorities, can also be delivered by businesses. In particular, the development of e-government and the good management of services of general economic interest with enhanced private financing can result in better co-operation between public and private operators in the interest of users and providers of these services. Public Private Partnerships (PPPs) should thus be encouraged, leading to gains in efficiency and also lower costs to the user as a result of competitive pressure.

With regard to the lack of quality and quantity in the inputs necessary for production (labour qualifications, integration of ICT and capital), this communication proposes efforts to:

  • Ensure continuous learning and updating of skills. The shift towards a knowledge-based economy depends on a labour force with skills adapted to this change, ensuring its employability and thus leading to a better balance between employment protection and flexibility of work organisation (e.g., part-time, teleworking). Furthermore, it facilitates the mobility of workers, helping to overcome skills imbalances, in particular in sectors such as computer and other knowledge-intensive services. Policy measures related to the qualifications of the labour force in the EU must be implemented in order to avoid a delocalisation of services professions, similar to what has been experienced within manufacturing;
  • Support the integration of ICT into business processes. All enterprises in the field of business-related services, especially SMEs, must fully exploit the potential of ICT to increase their competitiveness. This has already happened in the US, where productivity growth acceleration occurred in sectors using as well as producing ICT. However, ICT-using services in Europe have shown weak productivity growth in the last years. ICT should be more and better integrated into business-related services using ICT;
  • Encourage R&D and innovation in business-related services. Some of Europe’s most innovative companies are to be found in the services sector, but the overall level of R&D in this sector is generally low and lags substantially behind the US. Policy innovation initiatives should promote both specific actions oriented towards services activities (e.g. the role of organisational service innovation), and the more active participation of services companies in R&D programmes. The involvement of services companies in the national and European R&D programmes should be improved to address their specific problems and needs. The EU target of devoting 3 % of GDP to research and development will be less difficult to achieve if the business-related services sector plays a larger role, reflecting its overall economic weight.

This communication also notes that the results from business-related services enterprises are not sufficiently transparent (standards), valued (reporting on intangible assets) or documented (quality). It does, however, propose the following actions:

  • The introduction of such voluntary standards. These voluntary standards permit the user to compare products and prices, thus enforcing competition and efficiency in the market. Standards benefit the services providers by enabling them to focus on the internal process of services production and obtain some economies of scale. They are also able to increase the market presence and negotiating position of services providers by compliance with standards. The Commission will promote the setting up of such voluntary standards led by the services providers, in the same way as for manufactured products;
  • The introduction of a single method of reporting intangible assets. Productivity improvement in business-related services depends heavily on investment in intangibles, such as training, customer relationship management, brand image, internal organisation, investment in software and ICT. Businesses have now gained considerable experience in the use of various voluntary guidelines for reporting on intellectual capital and other forms of intangible assets. The Commission will bear these efforts in mind while identifying a single method of reporting intangible assets;
  • The drawing up of quality indicators. A knowledge-based society cannot be competitive without high quality services. In addition, European services should be ready to compete internationally in quality since low-wages countries (e.g. those in Asia) are often in a better position to compete in costs. The Commission, however, encourages and supports the drawing up of quality indicators and promotes best services practices.

Faced with the limited provision and use of business-related services in less developed regions, this communication stresses the need for such services to feature more often in regional development policy. The development of regional markets for business-related services is a necessary element in the catching-up process for the less favoured European regions. These services can also contribute to the creation of a more competitive regional environment and thus attract inward investment.

Finally, with a view to facilitating decision-making by enterprises and policy-makers, this communication proposes improving the level of economic information and analysis, in particular through improved services statistics. Improvement of the knowledge and statistical coverage of business-related services is an essential instrument for giving guidance to decision-making by business operators, policymakers and other stakeholders, and for monitoring progress in the implementation of the policy action areas described in this Communication.

Establishment of a coherent policy framework

The challenges identified in the analysis must be dealt with urgently. If not, the European business-related services sector is at the risk of losing markets. At the start of 2004, the Commission set up a European forum on business-related services which will be composed of the Community institutions, Member State representatives, professional organisations, workers representations, research institutions and other enterprise-related stakeholders.

Key figures
Business-related services constitute the largest sector of the economy, employing around 55 million people in 2001 – or nearly 55 % of total employment in the EU market economy.
The business-related services sector (excluding financial services) constituted 53 % of total employment in the EU market economy in 2000, while manufacturing had a 29 % share (or around 29 million people employed). The sector can be seen to be dynamic: of the more than 1 million new enterprises established in 2000 in the 10 Member States for which data are available, 66 % of all new enterprises were started in business-related services.
Business-related services are especially prevalent in the Netherlands (65 %) and the United Kingdom (61 %). The least dominant role of business-related services, in terms of employment, is found in Portugal (45 %), Germany (46 %) and Italy (48 %).
On average, the total value added created by business-related services constitutes 54 % in 2001 compared to 34 % for manufacturing. The share of the value added differs substantially across Member States, as business-related services in the Netherlands account for 61 % and the United Kingdom for 60 %, compared to 44 % in Finland and 48 % in Germany.
The services sector is characterised by a very large number of micro enterprises (less than 10 employees). These constitute 33 % of total employment within the services sector in the EU compared to 18 % in manufacturing. In business-related services, micro-enterprises are most dominant in the distributive trades (38 %). On the other hand, a similar proportion of employment is found in large enterprises by business-related services (33 %, compared to 30% in manufacturing). Transport and communication is characterised by a large share of employment in large enterprises (57 %)

Access of vehicle registration services to SIS II

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Access of vehicle registration services to SIS II

Outline of the Community (European Union) legislation about Access of vehicle registration services to SIS II

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Justice freedom and security > Free movement of persons asylum and immigration

Access of vehicle registration services to SIS II

As the regulation and decision concerning the establishment, operation and use of SIS II do not provide Member State vehicle registration services access to this system, an additional regulation has been adopted to this end.

Document or Iniciative

Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates.

Summary

Member States’ public services responsible for issuing registration certificates for vehicles referred to in Directive 1999/37/EC will have access to the following data in SIS II:

  • data concerning motor vehicles with a cylinder capacity exceeding 50 cc;
  • data concerning trailers with an unladen weight exceeding 750 kg and caravans;
  • data concerning vehicle registration certificates and vehicle number plates that have been stolen, misappropriated, lost or invalidated.

They will have access to this data solely for the purpose of checking that the vehicles presented to them for registration have not been stolen, misappropriated or lost and are not being sought as evidence in criminal proceedings.

Registration services that are not public services will only have access to the data in SIS II through one of the authorities referred to in Article 40 of the SIS II Decision. These authorities alone will have the right to access the data directly and transmit it to the service concerned.

The communication to the police or judicial authorities of any information contained in SIS II that raises suspicion of a criminal offence will be governed by national law.

Background

By virtue of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, Member States are to assist one another and exchange information. In particular, before registering a vehicle, they should check the legal status of that vehicle in the Member State in which it was previously registered.

Regulation (EC) No 1987/2006 and Decision 2007/533/JHA concerning the establishment, operation and use of SIS II (SIS II Regulation and Decision) replaced all but one article of the Convention implementing the Schengen Agreement of 14 June 1985. That article concerns access to the Schengen Information System by the authorities and services in the Member States responsible for issuing registration certificates for vehicles. This third act completes the SIS II legal framework, ensuring that Member States’ vehicle registration services will have access to SIS II once it is operational.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1986/2006

17.1.2006

–

OJ L 381 of 28.12.2006

Action plan for entrepreneurship

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Action plan for entrepreneurship

Outline of the Community (European Union) legislation about Action plan for entrepreneurship

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise > Business environment

Action plan for entrepreneurship

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 11 February 2004 entitled “Action Plan: The European agenda for Entrepreneurship” [COM(2004) 70 final – Not published in the Official Journal].

Summary

Taking account of the reactions provoked by the publication of the Green Paper on Entrepreneurship, this action plan proposes a set of measures to promote entrepreneurship in order to help entrepreneurs fully realise their ambitions and provide them with a business climate conducive to entrepreneurship.

The Action Plan sets out the key objectives to be achieved by the European Union (EU) and Member States’ policy-makers in the following five strategic areas:

Fuelling entrepreneurial mindsets

In order to inform as many people as possible about entrepreneurship, the Commission intends to foster entrepreneurial mindsets among young people through educational activities (such as presenting role models) in schools. The Commission calls upon the Member States to integrate entrepreneurship education into all schools’ curricula, arrange awareness campaigns, offer training material, organise training modules for teachers and, together with business organisations, involve entrepreneurs in teaching programmes.

Encouraging more people to become entrepreneurs

According to the Eurobarometer, although 47% of Europeans say they prefer self-employment, only 17% actually realise their ambitions. Encouraging more people to become entrepreneurs means:

  • Reducing the stigma of failure. A better understanding of business failure, including distinguishing between honest and dishonest bankruptcies, is needed in order to tackle the stigma of failure. The Commission will gather practical information on early warning signs of financial difficulties, reasons for failure, barriers to starting afresh and portraits of failed and restarted entrepreneurs. This information should be used in promotional campaigns or teaching courses and should help reduce the stigma suffered by failed entrepreneurs. The Commission is planning to prepare, together with an expert group, self-evaluation tests for entrepreneurs to assess their financial condition, including information on existing support and procedures aimed at rescue from failure;
  • Facilitating business transfers. Given that it is possible to become an entrepreneur with a reduced risk of failure by taking over an established firm rather than building an enterprise from scratch, the EU should ensure that such enterprises do not close because of obstacles in the tax and legal environment or the lack of a successor. The Commission will foster implementation of the Recommendation on Business Transfers;
  • Reviewing social security schemes for entrepreneurs. In order to determine more precisely the influence of social security on the attractiveness of entrepreneurship, the Commission is planning to present an overview of social security schemes for the self-employed and business owners, including their spouses and other dependants, and the effects of transition from one status to another. Based on this, the Commission will ask the Member States to define the areas in which they intend to take action and will then organise an exchange of experience involving external experts about how best to make progress.

Taking account of demographic ageing and the fact that the age group that is most active in setting up businesses (25-34 years) will be less visible in the future, the action plan calls on the Member States to react quickly.

Gearing entrepreneurs for growth and competitiveness

The EU has taken a whole range of initiatives to enable small and medium-sized enterprises (SMEs) to make the most of the opportunities offered by the knowledge-based economy. It has, for example, reserved 15% of the budget for the 6th Framework Programme for RTD for SMEs. It has also extended the scope of the Block Exemption Regulation to R&D aid granted to SMEs. Focusing more specifically on entrepreneurship, this Communication proposes:

  • Providing tailor-made support for women and ethnic minorities. The Commission intends to promote access to top-class support and management training for entrepreneurs from all backgrounds, including groups with specific needs, such as women and entrepreneurs from ethnic minorities. In this context, the Commission plans to assist the national and regional authorities to address those areas where the needs of female entrepreneurs are still insufficiently met, notably access to finance and entrepreneurial networks, and to identify and evaluate policy measures with a view to identifying good practices to assist ethnic minority entrepreneurs;
  • Supporting businesses in developing inter-enterprise relations. The Commission will reinforce the role of the European support networks ‘Euro Info Centres (EICs)’ and the ‘Innovation Relay Centres (IRCs)’ by involving them in promoting business cooperation and ensuring streamlined delivery of all EU-wide support services, not only by these networks, but also by the Business Innovation Centres (BICs).

As noted in the Green Paper on Entrepreneurship, too few fast-growing enterprises, or “gazelles”, which are the key drivers of innovation and entrepreneurial dynamism, emerge in Europe. Entrepreneurial growth rarely happens by chance: entrepreneurs primarily seek inspiration from successful role models. The Commission will therefore seek good policy practices for disseminating as role models and providing suitable support to potential gazelles.

Improving the flow of finance

The Commission helps to improve the financial environment for enterprises, especially SMEs, through its financial instruments and by bringing together SMEs and financial players to allow the exchange of good practice and make for a better mutual understanding among SMEs and the financial community.

This Communication proposes creating more equity and stronger balance sheets in firms. The Commission intends to use its financial instruments for SMEs to facilitate entrepreneurial growth by stimulating the supply of both debt and equity finance. It also plans to intensify its actions to improve the availability of venture capital, “business angel” finance, and investments by private individuals (“micro-angels”).

The Commission also plans to analyse the impact of State aid and remedy possible market failures in the provision of funding for SMEs, particularly young and growth-oriented ones.

Creating a more SME-friendly regulatory and administrative framework

The Internal Market has made the life of businesses, particularly SMEs, much easier. However, its completion remains a priority, as there are still a number of obstacles that need to be removed. The Commission is continuing to promote the involvement of SMEs in standardisation. It also wants more effective consultation of SMEs to allow them to give their opinions on new initiatives at an early stage of the decision-making process and about the adequacy of existing regulations and practices.

This Communication also proposes reducing the complexity of complying with tax laws. An enterprise operating in an intra-European environment has to comply with different national tax laws and regulations, which can become an obstacle to cross-border activities, particularly for SMEs. To simplify and reduce tax compliance procedures related to direct taxation, the Commission intends to launch a pilot scheme whereby SMEs can apply ‘Home State Taxation’. This should lead to considerable savings and efficiency gains for qualifying SMEs.

For several categories of business-to-consumer transactions, application of VAT at the place of consumption means traders have to be identified and make returns and payments in every Member State where they carry out taxable transactions. This is burdensome for traders within the Internal Market. The Commission intends to propose a ‘one-stop-shop’ system to enable firms to deal with one single tax authority, in their own language, and to benefit from a single set of compliance obligations.

REPORT ON THE IMPLEMENTATION OF THE ACTION PLAN

In September 2006 the report prepared by the Commission (PDF ) concluded that most of the initiatives presented in the action plan had in the meantime been implemented.

As an example, Community funding for measures to help businesses has increased, and access to funding has been made easier. Progress has also been made in the field of entrepreneurship education by offering people from a very young age a real chance to acquire basic commercial expertise and develop their personal qualities and general skills such as creativity, sense of initiative, self-confidence and sense of responsibility.

The action plan has thus proved to be a valuable tool in achieving the aim of promoting entrepreneurship. The initiatives to which it has given rise are now continuing under the Community SME policy.