Implementation (Principle 20)
Description
a) What Member States and Social Partners can do
Member States retain competence in defining, organising, delivering and financing essential services at national, regional or local level. Given that the Union measures embrace the principle that essential services should be available to all, as the core of the European social model, Member States are invited to go beyond these rules in order to give effect to the Principle.
Social partners may collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle through their involvement in the design and implementation of relevant policies.
b) Recent and ongoing initiatives at EU level
In the field of electronic communications the proposed revision of the Electronic Communications Regulatory Framework(146) would require Member States to ensure affordable access to all end-users to functional internet access and voice communications services. Where Member States find a lack of affordability, they may require undertakings to provide affordable tariff options and a "right to contract" for end-users with low income or special social needs. The proposed Code also includes a provision requiring Member States to ensure, in the light of national conditions, that appropriate measures are taken for end-users with disabilities, with a view to ensuring the affordability of their terminal equipment, specific equipment and specific services enhancing equivalent access.
The Clean Energy Package, adopted on 30 November 2016, also included proposals on a new electricity market design. The proposal on a recast of the Electricity Directive (Directive 2009/72/EC of the European Parliament and of the Council) did not amend the provisions related to the public service obligations in the electricity sector, but strengthened provisions related to consumer empowerment and protection. It spelled out in more detail the rights of consumers as regards contracts, the possibilities for energy communities and active consumers, and the entitlement to smart meters. The proposal also provides for more detailed provisions on the protection of vulnerable consumers and the obligation of Member States to define criteria for measuring energy poverty, on which they will have to report as part of their integrated progress reporting on the national energy and climate plans. Furthermore, the package sets out a new approach to protecting vulnerable consumers, which also includes helping Member States reduce the costs of energy for consumers by supporting energy efficiency investments. Moreover, in line with its efforts to empower and protect consumers, the Commission proposes certain procedural safeguards before a consumer can be disconnected. The Commission is also setting up an Energy Poverty Observatory to provide better data on the problem and its solutions as well as to help Member States in their efforts to combat energy poverty.(147)
Moreover the WiFi4EUproposal(148) acknowledges that there is a need to ensure that the general public is encouraged to seize the opportunities that the digital transformation offers. The proposal will provide financial incentives in favour of local public authorities who want to provide free, high capacity local wireless connectivity through access points in the centres of local public life, whether within their premises or in outdoor spaces accessible to the general public.
In the field of water and sanitation, the Commission foresees in 2017 a revision of the Directive on drinking water (149) as a follow-up to the "Right2Water" European citizen's initiative.(150)
The Commission continues to support negotiations for the adoption by the Union legislature of the proposed European Accessibility Act.(151) The Act aims at ensuring accessibility of certain products and services in the internal market, including some essential services like electronic communication and audio-visual media services.
Member States retain competence in defining, organising, delivering and financing essential services at national, regional or local level. Given that the Union measures embrace the principle that essential services should be available to all, as the core of the European social model, Member States are invited to go beyond these rules in order to give effect to the Principle.
Social partners may collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle through their involvement in the design and implementation of relevant policies.
b) Recent and ongoing initiatives at EU level
In the field of electronic communications the proposed revision of the Electronic Communications Regulatory Framework(146) would require Member States to ensure affordable access to all end-users to functional internet access and voice communications services. Where Member States find a lack of affordability, they may require undertakings to provide affordable tariff options and a "right to contract" for end-users with low income or special social needs. The proposed Code also includes a provision requiring Member States to ensure, in the light of national conditions, that appropriate measures are taken for end-users with disabilities, with a view to ensuring the affordability of their terminal equipment, specific equipment and specific services enhancing equivalent access.
The Clean Energy Package, adopted on 30 November 2016, also included proposals on a new electricity market design. The proposal on a recast of the Electricity Directive (Directive 2009/72/EC of the European Parliament and of the Council) did not amend the provisions related to the public service obligations in the electricity sector, but strengthened provisions related to consumer empowerment and protection. It spelled out in more detail the rights of consumers as regards contracts, the possibilities for energy communities and active consumers, and the entitlement to smart meters. The proposal also provides for more detailed provisions on the protection of vulnerable consumers and the obligation of Member States to define criteria for measuring energy poverty, on which they will have to report as part of their integrated progress reporting on the national energy and climate plans. Furthermore, the package sets out a new approach to protecting vulnerable consumers, which also includes helping Member States reduce the costs of energy for consumers by supporting energy efficiency investments. Moreover, in line with its efforts to empower and protect consumers, the Commission proposes certain procedural safeguards before a consumer can be disconnected. The Commission is also setting up an Energy Poverty Observatory to provide better data on the problem and its solutions as well as to help Member States in their efforts to combat energy poverty.(147)
Moreover the WiFi4EUproposal(148) acknowledges that there is a need to ensure that the general public is encouraged to seize the opportunities that the digital transformation offers. The proposal will provide financial incentives in favour of local public authorities who want to provide free, high capacity local wireless connectivity through access points in the centres of local public life, whether within their premises or in outdoor spaces accessible to the general public.
In the field of water and sanitation, the Commission foresees in 2017 a revision of the Directive on drinking water (149) as a follow-up to the "Right2Water" European citizen's initiative.(150)
The Commission continues to support negotiations for the adoption by the Union legislature of the proposed European Accessibility Act.(151) The Act aims at ensuring accessibility of certain products and services in the internal market, including some essential services like electronic communication and audio-visual media services.
Importance
High
Additional information
(146) Proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM(2016)590).
(147) http://eur-lex.europa.eu/resource.html?uri=cellar:fa6ea15b-b7b0-11e6-9e3c-01aa75ed71a1.0001.02/DOC_1...
(148) Proposal for amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of Internet connectivity in local communities COM (2016) 589.
(149) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, OJ L 330 5.12.1998, p. 32.
(150) http://ec.europa.eu/citizens-initiative/public/welcome
(151) Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services - COM/2015/0615 final - 2015/0278 (COD).
(147) http://eur-lex.europa.eu/resource.html?uri=cellar:fa6ea15b-b7b0-11e6-9e3c-01aa75ed71a1.0001.02/DOC_1...
(148) Proposal for amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of Internet connectivity in local communities COM (2016) 589.
(149) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, OJ L 330 5.12.1998, p. 32.
(150) http://ec.europa.eu/citizens-initiative/public/welcome
(151) Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services - COM/2015/0615 final - 2015/0278 (COD).