# CE2004070EN.01018401.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/184 |
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20.3.2004

EN

Official Journal of the European Union

CE 70/184

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(2004/C 70 E/193)

WRITTEN QUESTION E-2979/03

by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission

(9 October 2003)

Subject:   Postal services in the European Union

Subject:

The main purpose of European Parliament and Council Directive 97/67/EC (1) 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, as amended by European Parliament and Council Directive 2002/39/EC (2) of 10 June 2002 with regard to the further opening to competition of Community postal services, is to complete the internal market for postal services, while assuring the retention of universal service in keeping with the conclusions of the Lisbon Summit.

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Article 2(1) and Article 3(4) mean that periodical publications such as magazines, weighing up to 2 0kilogrammes, fall within the scope of the universal postal service.

In Spain, Law 24/1998 of 13 July on the Universal Postal Service and the Liberalisation of the Postal Services, amended by Laws 50/1998 of 30 December and 53/2002 of 30 December, excludes from the scope of the universal postal service periodical publications such as magazines of up to 2 kilogrammes, or imposes unjustified additional requirements. In particular, they need to be packaged or presented in the form of a letter or a postal package.

Does the Commission not believe that this Spanish legislation contradicts the European Directive, and constitutes an obstacle to the universalisation of postal services in the European internal market?

Answer given by Mr Bolkestein on behalf of the Commission

(10 November 2003)

(10 November 2003)

As correctly stated by the Honourable Member, Directive 97/67/EC (3), requires in Article 3, in connection with Article 2.6, that the universal postal service includes the conveyance of items such as newspapers and periodicals within the prescribed minimum weight limits.

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The Spanish legislation provides, in Article 15 of Law 24/1998 and Article 27 of Royal Decree 1829/1999, that the conveyance of periodicals is included in the universal postal service under the form of a letter or package.

The Commission cannot, therefore, agree with the Honourable Member that the Spanish Law has excluded periodicals from the universal postal service that Spain is required to guarantee. On the contrary, the Spanish legislation allows that items such as periodicals can be conveyed under universal service conditions, which is the Directive's intended result.

The fact that the Spanish legislation requires that these items be sent under the form of a letter or package falls under Member State's discretion as to the form and methods used to achieve the Directive's objective.

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(1)  OJ L 15, 21.1.1998, p. 14.

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(2)  OJ L 176, 5.7.2002, p. 21.

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(3)  Directive 97/67/EC of the 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. Amended by Directive 2002/39/EC of the Parliament and of the Council of 10 June 2002.

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