§ Mr. MitchellTo ask the Secretary of State for Trade and Industry which article of a European Union or Community treaty prohibits a member state from(a) initiating or providing a public monopoly service not subject to competition or long-term leasing or management contract by competition or a chosen non-public agency and (b) establishing or re-establishing publicly-owned public service monopolies. [139933]
§ Dr. HowellsThe EC Treaty contains a number of provisions that may be relevant to the provision of public services. Of particular relevance may be Article 86 (formerly Article 90), which among other things provides that in the case of public undertakings and undertakings to which member states grant special or exclusive rights, member states shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 12 (formerly Article 6) and Articles 81 to 89 (formerly Articles 85 to 94).