"Right2Water" and the European Parliament
Water "is a shared resource of humankind and a public good. Access to water should constitute a fundamental and universal right", says a European Parliament resolution, drafted by Richard Seeber (EPP, AT) and voted in July 2012. This resolution calls on the European Commission and EU Member States to ensure that access to potable water and sanitation is guaranteed as a fundamental human right which is essential for the full enjoyment of life. Another EP resolution on the Millennium Development Goals (June 2013, rapporteur Filip Kaczmarek (EPP, PL)) stresses the importance of universal access to safe drinking water and sanitation in the fight against poverty.
MEPs also spoke out on the water liberalisation issue when they voted resolutions on services of general interest and on the internal market strategy in 2004. Water is a "shared recourse of mankind", so "the management of water resources should not be subject to the rules of the internal market" and "Liberalisation of water supply should not be carried out in view of the distinctive regional characteristics of the sector and local responsibility for provision of drinking water", they said.
MEPs also rejected efforts to introduce sector-specific single market legislation in the areas of water and waste disposal.
The European Parliament, the Council of Ministers and the European Commission all acknowledge the special nature of water as a public good. After intensive three-way talks, they agreed to exclude it from the scope of a directive on the award of concession contracts before Parliament voted for it on 15 January 2014 (rapporteur Philippe Juvin (EPP, FR)).
The concession contracts directive laid down minimum EU requirements for the award by public authorities of concessions for the performance of works or the supply of services from private suppliers, who assume the risk of these works or services. These contracts are typically high-value, complex and long-term.
The three parties agreed at the time that the concession contracts directive "does not require the privatisation of public enterprises providing services to the public". Member states therefore remain free to decide how they want public works or services to be performed – in-house or outsourced to private companies.