### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers should be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by parcel delivery service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from third - party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . whenever the parcel delivery service provider concludes multilateral agreements on terminal rates , equal and non - discriminatory third party access to certain cross - border parcel delivery services provided under such multilateral agreements should encourage competition , be cost - oriented , benefit consumers and result in a more efficient use of existing networks , particularly in rural and remote areas .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . it is important that any practices in this respect that might be in breach of principles of union competition law and of the provisions of directive 97 / 67 / ec are properly investigated and addressed by member states , national regulatory authorities and by the european commission in a timely and effective manner .


### “terminal rates” means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### “terminal rates” means payments from the originating parcel delivery service provider to the destination parcel delivery service provider , to intermediaries or to its subsidiaries in the destination member state where applicable , for the costs of cross - border parcel delivery services in the destination member state ;


### whether the affordability of cross - border parcel delivery services has improved , including for users located in remote or sparsely populated areas ; ### whether the efficiency and accessibility of cross - border parcel delivery services has improved , including for users located in remote or sparsely populated areas ;


### the nature of the services offered by the provider ; ### the detailed description of the parcel delivery services offered by the parcel delivery services provider , including precise information on options for users ;


### “terminal rates” means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### “terminal rates” means payments from the originating parcel delivery service provider to the destination parcel delivery service provider or to intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state , being either terminal dues , inward land rates or transfer prices ;


### the provider’s general conditions of sale , including a detailed description of the complaints procedure . ### the provider’s general terms and conditions for parcel delivery services , including currencies accepted for settlement and a detailed description of the complaints procedure for users .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to low volume users of cross - border parcel delivery services , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on those users , especially in the context of e - commerce . in addition , users often report quality of service issues when sending , receiving or returning cross - border parcels , whereas consistent technical standards in this field are in need of improvement , including in relation to environmental considerations .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for smes and micro - enterprises , it is necessary to improve the transparency of tariffs and terminal rates for cross - border parcel delivery services , which are mostly used by smes and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working both directly and indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the member state in which the provider is established over the previous calendar year ; this information shall include quarterly breakdowns by reference to employment status , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority shall identify , for the postal items referred to in the annex to this regulation included in the universal service obligation for the relevant member state , the cross - border delivery tariffs provided under article 4 that should be subjected to an affordability assessment , setting out the reasons for its choice , based on objective criteria .


### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning : ### in order to achieve better accessibility for users to efficient and affordable cross - border parcel delivery services , this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning :


### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border postal items ; ### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the parcel delivery service provider is established , broken down in parcel delivery services relating to domestic , incoming and outgoing cross - border parcels ;


### postal items for which the public list of national and all cross - border tariffs to other member states shall be notified to the national regulatory authorities : ### postal items for which the public list of domestic and all cross - border tariffs to other member states shall be notified to the national regulatory authorities :


### ' terminal rates ' means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### ' terminal rates ' means payments from the originating parcel delivery service provider to the destination parcel delivery service provider or to intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state ;


### the tariffs above shall correspond to items delivered at the home or premises in the member state of destination . ### the tariffs above shall correspond to items delivered at the home or premises of the addressee in the member state of destination .


### the name of the provider , its legal status and form , registration number in a trade or similar register , vat number , the address of the establishment and a contact person ; ### the name of the parcel delivery service provider , its legal status and form , registration number in a trade or similar register , vat identification number , the address of the establishment and a contact person ;


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and in accordance with directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting , transport and distribution , should be considered as a parcel delivery service .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of “parcels” and “parcel delivery services” and to specify which postal items and parcels are covered by those definitions . this concerns in particular items handled or not by the universal service provider , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise with or without commercial value . this regulation should therefore cover , in line with consistent practice , parcels , handled or not by the universal service provider , weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with the current practice , each step of the parcel delivery chain , i . e . clearance , sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers , as well as consolidators . parcel delivery service providers using alternative business models and e - commerce platforms should also be subject to this regulation if they provide at least one of these steps in the delivery chain . however , established freight or transport logistics providers , in contrast with individual independent subcontractors of the parcel delivery service provider , should not be covered by this regulation .


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to that national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage .


### the commission shall publish the non - confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authority shall submit by 31 july of the relevant calendar year at the latest its further assessment , including any justification provided in accordance with paragraph 3 of this article , to the commission . in addition , the national regulatory authority shall provide a non - confidential version of its assessment to the commission .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 and within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account :


### since the objectives of this regulation , namely to establish the regulatory principles and rules necessary to improve regulatory oversight , to improve transparency of prices and establish certain principles as regards cross - border parcel delivery services that should support competition , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to achieve better accessibility for users to efficient and affordable cross - border parcel delivery services , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are based on multilateral and bilateral agreements between parcel delivery service providers and ensure that the destination parcel delivery service provider is remunerated for the costs of the service provided to the originating parcel delivery service provider . terminal rates should be considered to include both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels , as well as the transfer costs between the subsidiaries of the parcel delivery services providers . in that context , terminal dues are to be understood as payments , from the originating universal service provider to the destination universal service provider , for the costs of distributing cross - border items of correspondence handled in the destination member state . inward land rates means payments performed by the universal service provider of the originating member state to the destination universal service provider for the cost of distributing cross - border parcel delivery in the destination member state . finally , transfer prices means payments performed by a parcel delivery service provider in the originating member state to its subsidiaries in the destination member state for the cost of distributing its parcels in the destination member state . terminal rates are commercially sensitive business data .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers which , together with any subsidiaries and linked undertakings , engaged on average fewer than 25 persons over the course of the previous calendar year , unless that provider is established in more than one member state . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , and temporary employees , those working on non - guaranteed hours contracts and the self - employed , as well as persons working for subcontractors . a breakdown of the calculations shall be made available upon request .


### before xx / xx / 2019 , and thereafter every four years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a proposal for its review . ### by . . . [ two years after the entry into force of this regulation ] , and thereafter every three years , the commission shall submit to the european parliament , the council and the economic and social committee an evaluation report on the application of this regulation accompanied where appropriate by a legislative proposal for its review . the report shall be produced following consultation with all appropriate stakeholders , including the european social dialogue committee for the postal sector .


### the provider ' s general conditions of sale , including a detailed description of the complaints procedure . ### the parcel delivery service provider ' s general terms and conditions for parcel delivery services , including a detailed description of the complaints procedure for users .


### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are based on multilateral and bilateral agreements between parcel delivery service providers and ensure that the destination parcel delivery service provider is remunerated for the costs of the service provided to the originating parcel delivery service provider . terminal rates should be defined in such a way that they include both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels .


### the universal service provider shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within 15 working days of receipt of the request . ### the service provider referred to in paragraph 2 shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within one month of receipt of the request .


### the provider’s general conditions of sale , including a detailed description of the complaints procedure . ### the provider’s general terms and conditions for parcel delivery services , including currencies accepted for settlement and a detailed description of the complaints procedure for users .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers and transparency of tariffs for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation complies in full with directive 97 / 67 / ec and complements , insofar as cross - border parcel delivery services are concerned , the rules set out therein . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working both directly and indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the member state in which the provider is established over the previous calendar year ; this information shall include quarterly breakdowns by reference to employment status , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels .


### in order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities , implementing powers should be conferred on the commission to establish a form for the submission of such information . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . __________________ 50 regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to establish the specific obligations for all parcel delivery service providers with regard to the provision of information to the national regulatory authorities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the form for the submission of the information provided by parcel delivery service providers to the national regulatory authorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ * oj l 123 , 12 . 5 . 2016 , p . 1 .


### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ; ### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of parcels ;


### transparency of tariffs and terminal rates ### transparency of cross - border tariffs


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of “parcels” and “parcel delivery services” and to specify which postal items and parcels are covered by those definitions . this concerns in particular items handled or not by the universal service provider , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise with or without commercial value . this regulation should therefore cover , in line with consistent practice , parcels , handled or not by the universal service provider , weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with the current practice , each step of the parcel delivery chain , i . e . clearance , sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers , as well as consolidators . parcel delivery service providers using alternative business models and e - commerce platforms should also be subject to this regulation if they provide at least one of these steps in the delivery chain . however , established freight or transport logistics providers , in contrast with individual independent subcontractors of the parcel delivery service provider , should not be covered by this regulation .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for smes and micro - enterprises , it is necessary to improve the transparency of tariffs and terminal rates for cross - border parcel delivery services , which are mostly used by smes and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### the commission shall publish the non - confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authority shall submit by 31 july of the relevant calendar year at the latest its further assessment , including any justification provided in accordance with paragraph 3 of this article , to the commission . in addition , the national regulatory authority shall provide a non - confidential version of its assessment to the commission .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for those who are disabled or with reduced mobility , it is necessary to improve the transparency of tariffs and terminal rates for a limited set of cross - border parcel delivery services offered by parcel delivery service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### the nature of the services offered by the provider ; ### the detailed description of the parcel delivery services offered by the parcel delivery services provider , including precise information on options for users ;


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . __________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation , therefore , complements , in so far as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive including in particular the continued provision of a universal postal service to users . __________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### the market for cross - border parcel delivery services is diverse and complex , with different providers offering different services and prices depending on weight , size and format of the items sent as well as destination , added value features , such as traceability solutions , and the number of items sent . that diversity makes parcel delivery services hard to compare between different providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered . ### the market for cross - border parcel delivery services is diverse , complex and competitive , with different providers offering different services and prices depending on weight , size and format of the parcels sent as well as destination , added value features , such as traceability systems , and the number of parcels sent . in most member states , universal service providers do not have a majority share of the parcel delivery market . that diversity makes parcel delivery services hard to compare between different providers , both in terms of quality and price . furthermore , low volume senders , such as small and medium - sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all cross - border parcel delivery service providers and their subsidiaries falling within the scope of article 3 , with the exception of subcontractors , shall provide the national regulatory authority of the member state where they are established with the public list of cross - border tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year and shall be delivered in an electronic , machine readable format .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on these users , particularly in the context of cross - border e - commerce in the eu , reducing the number of small parcel deliveries . in addition , users often report quality of service issues when sending , receiving or returning cross - border parcels , which means that greater consistency is needed in respect of the relevant technical standards , in environmental terms for example .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority shall make an initial assessment of the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within three months of receipt of that information . the purpose of that assessment shall be to assess whether the cost to individuals and small and medium sized enterprises is affordable and to what extent the uptake of cross - border parcel delivery services is affected by the applicable cross - border tariffs .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers which , together with any subsidiaries and linked undertakings , engaged on average fewer than 25 persons over the course of the previous calendar year , unless that provider is established in more than one member state . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , and temporary employees , those working on non - guaranteed hours contracts and the self - employed , as well as persons working for subcontractors . a breakdown of the calculations shall be made available upon request .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers and transparency of tariffs , for certain cross - border parcel delivery services and the assessment of the affordability of tariffs for certain cross - border parcel delivery services . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and in accordance with directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting , transport and distribution , should be considered as a parcel delivery service .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . the introduction of clearer rules could make cross - border parcel delivery more affordable and make it easier for consumers and companies , especially smes , to make the most of the eu single market and cross - border e - commerce . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive , including in particular the continued provision of a universal postal service to users .


### the commission shall , by means of an implementing act , establish a form for the submission of the information referred to in paragraph 1 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . ### the commission shall adopt delegated acts in accordance with article 9a establishing a form for the submission of the information referred to in paragraph 1 and 3 of this article .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all cross - border parcel service delivery providers falling within the scope of article 3 shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 28 february of each calendar year at the latest .


### since the objectives of this regulation , namely to establish the regulatory principles and rules necessary to improve regulatory oversight , to improve transparency of prices and establish certain principles as regards cross - border parcel delivery services that should support competition , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to achieve better accessibility for users to efficient and affordable cross - border parcel delivery services , cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### terminal rates are based on multilateral and bilateral agreements between universal service providers and ensure that the destination universal service provider is remunerated for the costs of the service provided to the originating universal service provider . terminal rates should be defined in such a way that it includes both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels . ### terminal rates are based on multilateral and bilateral agreements between parcel delivery service providers and ensure that the destination parcel delivery service provider is remunerated for the costs of the service provided to the originating parcel delivery service provider . terminal rates should be defined in such a way that they include both terminal dues , as defined in point 15 of article 2 of directive 97 / 67 / ec that are applied for letter mail items and inward land rates that are applied to parcels .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of “parcels” and “parcel delivery services” and to specify which postal items and parcels are covered by those definitions . this concerns in particular items handled or not by the universal service provider , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise with or without commercial value . this regulation should therefore cover , in line with consistent practice , parcels , handled or not by the universal service provider , weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with the current practice , each step of the parcel delivery chain , i . e . clearance , sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers , as well as consolidators . parcel delivery service providers using alternative business models and e - commerce platforms should also be subject to this regulation if they provide at least one of these steps in the delivery chain . however , established freight or transport logistics providers , in contrast with individual independent subcontractors of the parcel delivery service provider , should not be covered by this regulation .


### the name of the provider , its legal status and form , registration number in a trade or similar register , vat number , the address of the establishment and a contact person ; ### the name of the parcel delivery service provider , its legal status and form , registration number in a trade or similar register , vat identification number , the address of the establishment and a contact person ;


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities annually assess the affordability of tariffs , they should particularly take into account the situation of individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas , as well as disabled users , users with reduced mobility , users that regularly use parcel delivery services and individual users with little disposable income . in this respect , the european parliament in its resolution of 15 september 2016 on the application of the postal services directive considered that geographical coverage and accessibility to universal services for parcel deliveries can and must be improved , especially for citizens with disabilities and reduced mobility and those in remote areas , and stressed the importance of ensuring barrier - free accessibility to postal services .


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities annually assess the unreasonably high tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating parcel delivery service providers and the destination parcel delivery service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . national regulatory authorities should particularly take into account smes , as well as individual and vulnerable users living or situated in remote or sparsely populated areas . they should make efforts , where possible , to ensure that that assessment is comparable to that required under directive 97 / 67 / ec .


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers .


### universal service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . for reasons of non - discrimination , competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements . it may be justified that terminal rates payable by third - party parcel delivery service providers , in some cases , exceed those payable by universal service providers that are parties to such agreements . this may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up , operating and administering the agreement , the extra cost incurred by accepting and handling items from non - designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third - party service provider in the originating member state . ### parcel delivery service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks . it is important that any practices in this respect that might be in breach of principles of union competition law and of the provisions of directive 97 / 67 / ec are properly investigated and addressed by member states , national regulatory authorities and by the european commission in a timely and effective manner .


### the national regulatory authority shall submit its assessment , including any information and / or justification provided in accordance with paragraph 3 , to the commission , the national regulatory authorities of the other member states and the national authorities within the member state of the submitting national regulatory authority entrusted with the implementation of competition law . a non - confidential version of that assessment shall also be provided to the commission . that information shall be provided by 31 march of each calendar year at the latest . ### the parcel delivery service provider shall provide the national regulatory authority with the justification referred to in paragraph 3 of this article within one month of receipt of the request .


### in order to improve the affordability of cross - border parcel delivery services , especially for users in remote or sparsely populated areas , it is necessary to improve the transparency of public lists of tariffs for a limited set of cross - border parcel delivery services offered by universal service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency of public lists is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between national and cross - border parcel delivery services . ### in order to improve the evaluation of cross - border parcel delivery services , especially for users in remote or sparsely populated areas and for those who are disabled or with reduced mobility , it is necessary to improve the transparency of tariffs for a limited set of cross - border parcel delivery services offered by parcel delivery service providers , which are mostly used by small and medium - sized enterprises and individuals . transparency is also necessary to address the issue of high tariffs of cross - border delivery services and to reduce , where applicable , unjustified tariff differences between domestic and cross - border parcel delivery services .


### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are not affordable , it shall request further necessary information and / or justification in relation to the level of those tariffs from the universal service provider . ### in carrying out its initial assessment referred to in paragraph 1 , the national regulatory authority shall in particular take into account the likely impact of the applicable cross - border tariffs on the following : individual users with little disposable income ; individual users who are disabled or those with reduced mobility ; individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas ; and individual and small and medium - sized enterprise users that regularly use parcel delivery services .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on these users , particularly in the context of cross - border e - commerce in the eu , reducing the number of small parcel deliveries . in addition , users often report quality of service issues when sending , receiving or returning cross - border parcels , which means that greater consistency is needed in respect of the relevant technical standards , in environmental terms for example .


### in order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities , implementing powers should be conferred on the commission to establish a form for the submission of such information . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . __________________ 50 regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to establish the specific obligations for all parcel delivery service providers with regard to the provision of information to the national regulatory authorities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the form for the submission of the information provided by parcel delivery service providers to the national regulatory authorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ * oj l 123 , 12 . 5 . 2016 , p . 1 .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to parcel delivery service providers which , together with any subsidiaries and linked undertakings , engaged on average fewer than 25 persons over the course of the previous calendar year , unless that provider is established in more than one member state . the number of persons shall be calculated on the basis of the average annual number of full - time , part - time , and temporary employees , those working on non - guaranteed hours contracts and the self - employed , as well as persons working for subcontractors . a breakdown of the calculations shall be made available upon request .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . __________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation , therefore , complements , in so far as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive including in particular the continued provision of a universal postal service to users . __________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### the transparency of tariffs and terminal rates for certain cross - border parcel delivery services and the assessment of the affordability of certain cross - border tariffs ; ### the transparency of tariffs and terminal rates for certain cross - border parcel delivery services and the assessment of certain unreasonably high cross - border tariffs ;


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### the universal service provider shall provide the national regulatory authority with the information and / or justification referred to in paragraph 2 within 15 working days of receipt of the request . ### following the initial assessment referred to in paragraph 1 , the national regulatory authority may request from the parcel delivery service provider evidence - based justification of the level of those tariffs , such as the specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by those definitions . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and in accordance with directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting , transport and distribution , should be considered as a parcel delivery service .


### the provider ' s general conditions of sale , including a detailed description of the complaints procedure . ### the parcel delivery service provider ' s general terms and conditions for parcel delivery services , including a detailed description of the complaints procedure for users .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services , but also allowing for the proper inclusion in the threshold of those persons who are working in the sector other than on a full - time , permanent basis .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### in some cases tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . in addition , some users still report quality of service issues when sending , receiving or returning cross - border parcels . moreover , further interoperability in this field is in need of improvement , including some specific measures in relation to environmental considerations .


### the national regulatory authorities shall without delay and by 28 february of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authorities shall without delay and by 31 march of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated website by 30 april of each calendar year at the latest .


### ' terminal rates ' means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### ' terminal rates ' means payments from the originating parcel delivery service provider to the destination parcel delivery service provider or to intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state ;


### the nature of the services offered by the provider ; ### the detailed description of the parcel delivery services offered by the parcel delivery services provider , including precise information on options for users ;


### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the provider is established , broken down in parcel delivery services relating to national , incoming and outgoing cross - border postal items ; ### the annual turnover in parcel delivery services for the previous calendar year in the member state in which the parcel delivery service provider is established , broken down in parcel delivery services relating to domestic , incoming and outgoing cross - border postal items ;


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### therefore , it is important to provide a clear definition of “parcels” and “parcel delivery services” and to specify which postal items and parcels are covered by those definitions . this concerns in particular items handled or not by the universal service provider , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise with or without commercial value . this regulation should therefore cover , in line with consistent practice , parcels , handled or not by the universal service provider , weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with the current practice , each step of the parcel delivery chain , i . e . clearance , sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers , as well as consolidators . parcel delivery service providers using alternative business models and e - commerce platforms should also be subject to this regulation if they provide at least one of these steps in the delivery chain . however , established freight or transport logistics providers , in contrast with individual independent subcontractors of the parcel delivery service provider , should not be covered by this regulation .


### the commission shall , by means of an implementing act , establish a form for the submission of the information referred to in paragraph 1 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . ### the commission shall adopt delegated acts in accordance with article 9a establishing a form for the submission of the information referred to in paragraph 1 and 3 of this article .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . due to the labour intensive nature of the sector and in order to limit the administrative burden for small parcel delivery service providers or subcontractors who are only active on a regional or domestic market , a threshold should be applied , based on the number of persons working on average for the parcel delivery service provider over the previous calendar year and involved in the provision of parcel delivery services in the member state in which the provider is established , unless that provider is established in more than one member state . the threshold should however be established in a way that those working in the sector other than on a full - time , permanent basis , are properly included .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all cross - border parcel delivery service providers and their subsidiaries falling within the scope of article 3 , with the exception of subcontractors , shall provide the national regulatory authority of the member state where they are established with the public list of cross - border tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year and shall be delivered in an electronic , machine readable format .


### in order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities , implementing powers should be conferred on the commission to establish a form for the submission of such information . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . __________________ 50 regulation 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to establish the specific obligations for all parcel delivery service providers with regard to the provision of information to the national regulatory authorities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the form for the submission of the information provided by parcel delivery service providers to the national regulatory authorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making* . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ * oj l 123 , 12 . 5 . 2016 , p . 1 .


### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation and submit a regular report to the european parliament and the council . that report should be accompanied , where appropriate , by proposals for review to the european parliament and the council . ### as markets for parcel delivery services are changing fast , the commission should re - assess the efficiency and effectiveness of this regulation and submit a regular evaluation report to the european parliament and the council . that report should be accompanied , where appropriate , by legislative proposals for review to the european parliament and the council . that report should be produced following consultation with all appropriate stakeholders including the european social dialogue committee for the postal sector .


### the tariffs applicable to low volume senders of cross - border parcels and other postal items , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on users seeking cross - border parcel delivery services , especially in the context of e - commerce . ### the tariffs applicable to low volume users of cross - border parcel delivery services , particularly small and medium - sized enterprises and individuals , are still relatively high . this has a direct negative impact on those users , especially in the context of e - commerce . in addition , users often report quality of service issues when sending , receiving or returning cross - border parcels , whereas consistent technical standards in this field are in need of improvement , including in relation to environmental considerations .


### where appropriate , the advisory scientific committee shall organise consultations with stakeholders at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . ### where appropriate , the advisory scientific committee shall organise consultations with stakeholders , such as market participants , consumer bodies and academic experts , at an early stage and in an open and transparent manner , while taking into account the requirement of confidentiality . the consultations shall be conducted as widely as possible to ensure an inclusive approach towards all interested parties and relevant financial sectors and shall allow reasonable time for stakeholders to respond .


### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted to the european parliament and to the esas . ### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted without delay to the european parliament and to the esas .


### warnings or recommendations issued by the esrb in accordance with points and of article 3 may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities , or to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 . ### warnings or recommendations issued by the esrb in accordance with points and of article 3 may be of either a general or a specific nature and shall be addressed in particular to the union , to one or more member states , to one or more of the esas or to one or more of the national competent authorities or national resolution authorities , to the ecb for the tasks conferred to the ecb in accordance with articles 4 , 4 and 5 of regulation no 1024 / 2013 , or to the single resolution board .


### if a recommendation referred to in article 3 is addressed to the commission , to one or more member states , to one or more esas , or to one or more national competent authorities , the addressees shall communicate to the european parliament , the council and to the esrb the actions undertaken in response to the recommendation and shall substantiate any inaction . where relevant , the esrb shall , subject to strict rules of confidentiality , inform the esas of the answers received without delay . ### if a recommendation referred to in article 3 is addressed to the commission , to one or more member states , to one or more esas , or to one or more national competent authorities , the addressees shall communicate to the european parliament , the council , the commission and to the esrb the actions undertaken in response to the recommendation and shall substantiate any inaction . where relevant , the esrb shall , subject to strict rules of confidentiality , inform the esas of the answers received without delay .


### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of this decision ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the power to adopt delegated acts referred to in article 29 shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this decision ] . ### the power to adopt delegated acts referred to in article 29 shall be conferred on the commission for a period of five years from [ date of entry into force of this decision ] . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the report shall be submitted to the european parliament and council .


### the power to adopt delegated acts referred to in article 29 shall be conferred on the commission for an indeterminate period of time from [ date of entry into force of this decision ] . ### the power to adopt delegated acts referred to in article 29 shall be conferred on the commission for a period of five years from [ date of entry into force of this decision ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### institutions should be allowed to invest in other member states in accordance with the rules of their home member states in order to reduce the cost of cross - border activity . therefore the host member states should not be allowed to impose additional investment requirements on institutions located in other member states . ### institutions should be allowed to invest in other member states in accordance with the rules of their home member states . however , if the institution works on a cross - border basis it may be asked by the competent authority of the host member state to apply limits for investment , provided that such rules also apply to institutions located in the host member state , and to the extent that these limits are more strict than those applied in the home member state .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their professional qualifications , knowledge and experience are collectively adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and


### institutions for occupational retirement provision are financial service providers which bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation . ### institutions for occupational retirement provision are pension institutions that serve - first and foremost - a social purpose and which bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation . their social function and the triangular relationship between the employee , the employer and the institutions for occupational retirement provision should be adequately acknowledged and supported as a guiding principle of this directive .


### institutions should be allowed to invest in other member states in accordance with the rules of their home member states in order to reduce the cost of cross - border activity . therefore the host member states should not be allowed to impose additional investment requirements on institutions located in other member states . ### institutions should be allowed to invest in other member states in accordance with the rules of their home member states . however , if the institution works on a cross - border basis it may be asked by the competent authority of the host member state to apply limits for investment , provided that such rules also apply to institutions located in the host member state .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate in relation to the activities performed for the institution ; and


### implementation of this regulation could require major adaptations to the national statistical systems , and the commission may therefore grant derogations to member states . ### implementation of this regulation could require major adaptations in the national statistical systems , and the commission may therefore grant derogations to member states . in order to facilitated the implementation of this regulation financial contributions from the union budget should be provided to member states in the form of grants .


### health : status and disability , care and determinants health : status and disability , care and determinants ### minimum european health module diseases and chronic conditions accidents and injuries pain mental health functional limitations difficulties in personal care activities difficulties in household activities temporary limitation in activity barriers to participation in specific life domains use of health and long - term care medicine use preventive care access to health care height and weight physical activity nutritional habits smoking alcohol consumption social and environmental factors minimum european health module diseases and chronic conditions accidents and injuries pain mental health addiction functional limitations disability difficulties in personal care activities difficulties in household activities temporary limitation in activity barriers to participation in specific life domains use of health and long - term care medicine use preventive care access to health care height and weight physical activity nutritional habits smoking alcohol consumption social and environmental factors


### statistics are no longer considered as just one of many sources of information for policy - making purposes , but instead play a central role in the decision - making process . evidence - based decision - making requires statistics that meet high - quality criteria , as set out in regulation no 223 / 2009 of the european parliament and of the council25 , in accordance with the purposes they are serving . __________________ 25 regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics and repealing regulation no 1101 / 2008 of the european parliament and of the council on the transmission of data subject to statistical confidentiality to the statistical office of the european communities , council regulation no 322 / 97 on community statistics , and council decision 89 / 382 / eec , euratom establishing a committee on the statistical programmes of the european communities . ### statistics are no longer considered as just one of many sources of information for policy - making purposes , and they are a key component in the decision - making process . evidence - based decision - making requires statistics that meet high - quality criteria , as set out in regulation no 223 / 2009 of the european parliament and of the council25 , in accordance with the purposes they are serving . __________________ 25 regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics and repealing regulation no 1101 / 2008 of the european parliament and of the council on the transmission of data subject to statistical confidentiality to the statistical office of the european communities , council regulation no 322 / 97 on community statistics , and council decision 89 / 382 / eec , euratom establishing a committee on the statistical programmes of the european communities .