B4-1033/97

Resolution on terminal dues

The European Parliament,

- having regard to the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on common rules for the development of the internal market of Community postal services and the improvement of quality of service ((OJ C 188, 19.6.1997, p. 9.)),

- having regard to its decision of 16 September 1997 on that common position ((OJ C 304, 6.10.1997, p. 34.)),

- having regard to the Commission communication of 1 June 1993: "Guidelines for the Development of Community Postal Services¨, COM(93)0247,

A. whereas the postal services/terminal dues problem needs to be resolved urgently in order to safeguard the provision of a high-quality Community universal service,

B. in view of the present difficulties for postal operators to conclude and enforce multi-party agreements on terminal dues,

C. whereas the Commission has not yet formally issued legislation on the postal services/terminal dues problem,

D. whereas postal operators should be allowed jointly to invoice their services according to cost and whereas non-observance of this principle is liable to jeopardize the proper functioning of the Single Market in postal services and the economic viability of postal operators, as evidenced by the resulting current market disruptions,

E. whereas paragraph 2.7.2 of the abovementioned Commission communication states that postal operators should be paid according to cost,

1. Underlines that, in the absence of the conclusion and enforcement of the multi-party agreements set out in Article 13 of the postal Directive, Member States may allow their universal service provider(s) to determine terminal dues in accordance with their costs;

2. Calls on the Commission, in the absence of the conclusion and enforcement of multi-party agreements on terminal dues in all Member States, to introduce a legislative proposal as soon as possible on the postal services/terminal dues problem, acknowledging therein, in accordance with the rules of the Treaty, that Member States may allow their universal service provider(s) to determine terminal dues in accordance with their costs;

3. Calls on the Commission to set up an inquiry into current remail practices in all their forms and to impose penalties on activities which, firstly, are detrimental to the requisite transparency vis-à-vis users and in relations between operators and, secondly, do not guarantee equality of access between users for equivalent services;

4. Encourages the Member States to examine, in particular in the context of postal service restructuring or reorganization, whether the aid granted to third countries, particularly under the Phare and Tacis programmes, or to international organizations comes under relations with the Union, in line with the principles laid down by the postal Directive, and, in particular, the terminal-dues system;

5. Calls on the Commission to report back within three months on arrangements for the implementation of this resolution;

6. Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee, the Committee of the Regions and the governments and parliaments of the Member States.