Upload
zlhna
View
24
Download
0
Tags:
Embed Size (px)
DESCRIPTION
European concepts of Universal service. Paul Nihoul Louvain (Be), Groningen (Nl). I. Introduction. « European ». Yes ./. Member States Concept does not exist at national level – maybe UK ? No otherwise - PowerPoint PPT Presentation
Citation preview
European concepts of Universal service
Paul NihoulLouvain (Be), Groningen (Nl)
2
I. Introduction
3
•« European »
Yes ./. Member States Concept does not exist at national level – maybe UK ?
No otherwise Europe, public services, public ownership, « no
regulation », no need for universal service, instructions to board of directors
US, « same services », private ownership, public involvement, regulation, universal service
Example : AT&T European universal serviceY= going American
application, in Europe, of a concept originating in the US
4
« Concepts »
One concept … Meaning
Availability of a service To all members of a community At reasonable + equal conditions
Cause deemed essential to that community
Variation in time and space
5
… But not an easy one Terminology Polyphony Interdisciplinarity
6
Terminology Communication 1996
Universal service Public service Service of general (economic or non economic)
interest
Afterwards « Ambiguity » continues SIG used in case law SU in some regulations Public service in others
7
Polyphony Several speakers Commission : liberalisation
Art. 86 EC Directive 1996 Communications 1996, 2003
Parliament/Council : ONP 90/387 as amended
ECJ On regulation Or on EC Ttreaty
« universal service without a name » Corbeau, Glöckner
8
Interdisciplinarity, several sectors
Telecom > electronic communications
Postal services Energy? Transportation? « public utilities »
9
…
« interdisciplinarity » Public utilities
Electronic communications postal services Energy ? Transportation ?
Social security Health Pensions Invalidity, etc.
10
II. Universal service
11
Electronic communications
Current situation - One directive – Mechanism
Step 1.- Definition of services which must be made available to all members of a community at certain conditions
What are they ? Can the list evolve ? Role of Member States
12
…
Step 2.- Who will ensure their provision ? Market forces If not, authorities
Step 3.- How will they act ? Market forces : free markets Authorities :
Designation of undertakings Subsidies : authority, fund
Step 4.- How do they have to be performed ?
Quality Prices
13
Postal services
97/67 as amended lately What is the US in that sector ?
3 and 5
Content ? 3.3 and 3.4
How will it be provided ? …
14
Until 2008 Non universal service activities
Activities = free, general authorisations
Universal service activities Some cannot be reserved, g.a. or individual
licences Some can
Division of activities in 3 categories
15
Now Non universal service activities
Activities = free, general authorisations
Universal service activities general authorisations, individual licences
possible
> Division of activities in 2 categories
16
Other sectors
Public service obligations Electricity Gas Transportation
17
III. Peculiarities
18
« Revolution »
Beforehand The authority as source of all activities « Fiefs »
Summa divisio One part for markets, economic rules One part for authority, political rules
Change The part of authorities is opened to markets
19
« New articulation Markets-Authorities »
Market failure Economic theory Markets first, authorities only if former fails
(subsidiarity) Universal service
Legal theory Authority first*, Markets second**, authorities third***
* Define services covered by the regime and conditions under which they must be provided : who ? Quality ? Prices
** provision *** Where not provided satisfactorily by markets
Authorities decide Authorities « provide » (designation, subsidy)
20
« LDP » No relation to « P » : privatisation
Public undertakings still possible Submitted to the rules of competition Derogation if SGEI – to the same extent as private firms
No relation to « D » : deregulation Beforehand : public monopolies
one firm > no need to organise markets Public ownership > no need for regulation
Now : private firms Several firms > instruction to board Private ownership > need for regulation
21
…
Relation to « L » : liberalisation Suppression of monopolies Abolition legal barriers to entry Diminution economic barriers to entry More firms carrying out activities at market
conditions Need for authorities to determine objectives
it wants to pursue in terms of accessibility of service
Universal service Cqfd : liberalisation => universal service
22
« The issue of monopoly »
EC Treaty, 86 « GI » : general interest « E » : economic
« Conflict of rules » Internal market, service <= remuneration Competition, service = economic activity, no
remuneration requested
23
./. SGIs Is there a universal service for SIGs : « Services of general (non economic) interest »?
Activities which are not economic in nature Case law 1.- Prerogative of sovereignty : police, army 2.- Solidarity essentiel : social security
These activities are, by nature, governed by the concept of universal service
Available to everyone at reasonable and equal conditions
24
./. SGEIs
(a) ECJ Corbeau, Gl¨ckner « supplier must provide service to everybody
at derogatory conditions » These derogatory conditions may be financed
through monopoly On the relevant market : « Glöckner », « Afval », social security cases
On adjacent markets : « Corbeau »
25
(b) regulation Derogatory conditions, financing ? Electronic communications
1.- auction Least asking undertaking
2. Subsidy Public budget or authority administered budget Extent of subsidy
communication, decision, state aid provisions
26
… Postal directive
7, 4.2.
27
… Compatibility between both ?
Regulated sectors Designated undertakings may not have an
exclusive right So much the better if other firms provide
service without subsidy
Non regulated sectors Firms may jhave an exclusive right to the
extent necessary of conditions 86 EC are fulfilled