A4-0105/96

Proposal for a European Parliament and Council Directive on common rules for the development of Community postal services and the improvement of quality of service (COM(95)0227 - C4-0540/95 - 95/0221(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a European Parliament and Council Directive on common rules for the development of Community postal services and the improvement of quality of service

>Text following EP vote>

Proposal for a European Parliament and Council Directive on common rules for the development of the Union internal market of postal services and the improvement of quality of service

(Amendment 2)

Citation 6a (new)

>Text following EP vote>

Having regard to the opinion of the Joint Committee on Postal Services,

(Amendment 3)

Recital 2

>Original text>

2. Whereas the establishment of the internal market in the postal sector is of proven importance for the economic and social cohesion of the Community, in that postal services are an essential instrument of communications and trade;

>Text following EP vote>

2. Whereas the establishment of the internal market in the postal sector is of proven importance for the economic and social cohesion of the Community, in that postal services are an essential instrument of communications and trade; whereas, however, increased competition in the postal market intensifies the need for social protection for employees; whereas the Community's social legislation must therefore be improved at the same time as the postal market is opened up;

(Amendment 4)

Recital 4

>Original text>

4. Whereas the Commission has conducted wide-ranging public consultation on those aspects of postal services that are of interest to the Community;

>Text following EP vote>

4. Whereas the Commission has conducted wide-ranging public consultation on those aspects of postal services that are of interest to the Community and has received the contributions of the interested parties in the postal sector;

(Amendment 5)

Recital 6

>Original text>

6. Whereas cross-border postal links do not always meet the expectation of users and European citizens, and performance, in terms of quality of service with regard to Community cross-border postal services, is at the moment particularly unsatisfactory;

>Text following EP vote>

Deleted

(Amendment 6)

Recital 6a (new)

>Text following EP vote>

6a. Whereas the Court of Justice has expressed the view that restrictions on competition - or even exclusion of all competition - by other economic operators are admissible insofar as they prove necessary to enable the undertaking responsible for performing a task of general economic interest to perform that task;

(Amendment 7)

Recital 6b (new)

>Text following EP vote>

6b. Whereas the opening-up of certain sectors of the postal market may well induce public-sector postal operators to adapt their structures; whereas such adaptation may well have a considerable impact on employment in the public sector;

(Amendment 8)

Recital 6c (new)

>Text following EP vote>

6c. Whereas any form of harmonization in this connection must take account, as a priority, of the Community objectives of economic and social cohesion in order to ensure the uninterrupted provision of the universal service in the most remote or least advantaged regions;

(Amendment 9)

Recital 8

>Original text>

8. Whereas the measures seeking to ensure the gradual opening-up of the market and to secure a proper balance in their application are necessary in order to guarantee, throughout the Community, and subject to the obligations and rights of the universal service providers, the free provision of services in the postal sector itself;

>Text following EP vote>

8. Whereas the measures seeking to ensure the gradual and controlled opening-up of the market and to secure a proper balance in their application are necessary in order to guarantee, throughout the Community, and subject to the obligations and rights of the universal service providers, the free provision of services in the postal sector itself;

(Amendment 10)

Recital 8a (new)

>Text following EP vote>

8a. Whereas it must be ensured that a balanced relationship exists between, on the one hand, the obligations of the universal service provider(s) dedicated to public interest and, on the other, the specific or exclusive rights conferred upon them for the financing of their obligations;

(Amendment 11)

Recital 9a (new)

>Text following EP vote>

9a. Whereas the development of Community postal services must be accompanied by the development of employment and an improvement in the living and working conditions of staff;

(Amendment 12)

Recital 13a (new)

>Text following EP vote>

13a. Whereas the concept of a uniform nationwide tariff lies at the heart of national postal policy and should therefore be recognized as central to the principle of universal service;

(Amendment 13)

Recital 14

>Original text>

14. Whereas users of the universal service must be given adequate information on the range of services offered, the conditions governing their supply and use, and the tariffs;

>Text following EP vote>

14. Whereas users of the universal service must be given adequate information on the range of services offered, the conditions governing their supply and use and the quality of the service provided, and the tariffs;

(Amendment 14)

Recital 15

>Original text>

15. Whereas the maintenance of a range of those services that may be reserved, in compliance with the rules of the Treaty and without prejudice to the application of the competition rules, appears justified on the grounds of ensuring the operation of the universal service under financially balanced conditions;

>Text following EP vote>

15. Whereas the maintenance of a range of those services that may be reserved appears justified on the grounds of ensuring the operation of the universal service under financially balanced conditions; whereas the universal service should be considered as a public service and it should therefore be ensured that fair conditions of competition outside the reserved sector exist between universal service providers and between them and other operators;

(Amendment 15)

Recital 16a (new)

>Text following EP vote>

16a. Whereas all Member States, in accordance with the Universal Postal Convention, distribute items for blind and partially sighted persons free of charge; whereas no plan to liberalize the postal services must restrict the continuation of existing services for blind and partially sighted persons; and whereas it must, in accordance with the subsidiarity principle, be left to the Member States to determine the content and form of such services;

(Amendment 16)

Recital 17

>Original text>

17. Whereas direct mail should, in principle, be excluded from the services which may be reserved, as it constitutes a distinct segment of the postal market, which represents on average in the Community 17% of the volume and 12% of the receipts of the public postal operators of the letter service; whereas the maintenance of this service in the reserved sector could nevertheless be justified until 31 December 2000, insofar as it is necessary for the financial equilibrium of the universal service provider; whereas the Commission will decide on 30 June 1998 at the latest on the appropriateness of postponing the date of liberalisation, taking into account the developments, in particular economic, social and technological developments, that have occurred in the sector and taking also into account the financial equilibrium of the public service provider(s);

>Text following EP vote>

17. Whereas direct mail and cross-border mail can be included in the reserved services; whereas in the further opening-up of the postal market, account must be taken of economic, social and technological developments within the sector, as well as the financial equilibrium and viability of the public service provider(s);

(Amendment 17)

Recital 17a (new)

>Text following EP vote>

17a. Whereas the Commission has yet to study and publish the implications of the liberalization of direct mail and cross-border mail for employment in the postal sector; whereas it is recognized that liberalization of these sectors will harm the ability of postal administrations to maintain traffic volumes and therefore services and employment;

(Amendment 18)

Recital 17b (new)

>Text following EP vote>

17b. Whereas the Commission should undertake a study of the implications of this Directive for current levels of employment and services and report back to the relevant European Parliament committees consulted on this Directive;

(Amendment 19)

Recital 18

>Original text>

18. Whereas steps should be taken to exclude the distribution of incoming cross- border mail from the service which may be reserved, which represents on average in the Community 4% of volume and 3% of receipts of public postal operators for the letter service; whereas the maintenance of this service in the reserved sector could nevertheless be justified until 31 December 2000, insofar as its contribution to the financial equilibrium of the universal service provider is necessary; whereas the Commission will decide on 30 June 1998 at the latest on the feasibility of postponing the date of liberalisation, taking into account the developments, in particular economic, social and technological developments, that have occurred in the sector and taking also into account the financial equilibrium of the public service provider(s);

>Text following EP vote>

Deleted

(Amendment 20)

Recital 19

>Original text>

19. Whereas a general re-examination of the scope of the reserved sector is scheduled for the first half of the year 2000;

>Text following EP vote>

Deleted

(Amendment 21)

Recital 20

>Original text>

20. Whereas, for reasons of public order and public security, Member States may have a legitimate interest in conferring the right to site letter-boxes intended for the reception of postal items on the public highway on one or more entities designated by them; whereas, for the same reasons, they are entitled to appoint the entity or entities responsible for issuing postage stamps bearing the name of the country;

>Text following EP vote>

20. Whereas, for reasons of public order and public security, Member States may have a legitimate interest in conferring the right to site letter-boxes intended for the reception of postal items on the public highway on one or more entities designated by them; whereas, for the same reasons, they are entitled to appoint the entity or entities responsible for issuing postage stamps identifying the country of origin; whereas they may also indicate membership of the European Union by integrating the twelve-star symbol;

(Amendment 22)

Recital 21

>Original text>

21. Whereas special services, such as the express mail service (apart from greater speed and reliability in the collection, distribution and delivery of items, this service features all or some of the following supplementary facilities: guarantee of delivery by a fixed date; collection from domicile; personal delivery to addressee; possibility of changing the destination and addressee in the course of delivery; confirmation to sender of reception of the item dispatched; monitoring and tracking of items dispatched; personalised service for customers and provision of an à la carte service, as and when required), as well as the new services (services quite distinct from the conventional services) and document exchanges, do not form part of the universal service, and consequently there is no justification for their being reserved to the universal service providers; whereas the foregoing applies equally to self-provision (provision of postal services by the natural or legal person who is the originator of the mail, or collection and routing of these items by a third party acting solely on behalf of that person), which does not fall within the category of services;

>Text following EP vote>

21. Whereas special services, such as the express mail service, as well as the new services (services quite distinct from the conventional services) and document exchanges, may also, in application of the general criteria of tariff and weight, form part of the universal service;

(Separate vote)

Recital 22

>Original text>

22. Whereas Member States should be able to regulate, on their territory, the provision of postal services which are not reserved to the universal service providers by declaration procedures and, where justified, by authorization procedures; whereas those procedures must be transparent, non- discriminatory and based on objective criteria;

>Text following EP vote>

Deleted

(Amendment 23)

Recital 23

>Original text>

23. Whereas the Member States should have the option of making the grant of licences subject to universal service obligations or contributions to a compensation fund intended to compensate the universal service provider for the provision of services representing an unfair financial burden; whereas Member States should be able to include in the authorizations an obligation that the authorized activities must not improperly impair the exclusive or special rights granted to the universal service providers from the reserved services; whereas an identification system for direct mail may be introduced for the purposes of supervision when direct mail is liberalized;

>Text following EP vote>

23. Whereas the Member States should have the option of making the grant of licences subject to universal service obligations or contributions to a compensation fund intended to compensate the universal service provider for the provision of services representing an unfair financial burden; whereas Member States should be able to include in the authorizations an obligation that the authorized activities must not infringe the exclusive or special rights granted to the universal service providers from the reserved services;

(Amendment 24)

Recital 26a (new)

>Text following EP vote>

26a. Whereas, in order to prevent the risk of social dumping, Member States must ensure that service providers provide an appropriate level of social protection for employees;

(Amendment 25)

Recital 27

>Original text>

27. Whereas, in the case of cross-border mail, the universal service provider in the incoming country should receive remuneration covering its costs; whereas this remuneration should also include an incentive to improve the quality of Community cross-border service;

>Text following EP vote>

27. Whereas, in the case of cross-border mail, the universal service provider in the incoming country should receive remuneration covering its costs; whereas this remuneration should also include an incentive to improve and guarantee the quality of Community cross-border service;

(Amendment 26)

Recital 27a (new)

>Text following EP vote>

27a. Whereas the provision of the intra-Community universal service entails important additional obligations over and above the overall minimum based on the acts of the Universal Postal Union, thus necessitating the establishment within the Community of a specific system of terminal dues ensuring appropriate coverage of costs and linked specifically to the quality of the service provided;

(Amendment 27)

Recital 37

>Original text>

37. Whereas the future work on the development of measures relating to the quality of Community cross-border service and technical standardization must be prepared under the aegis of the Commission, assisted by the Member States in consultation with interested parties, including associations of consumers, and with the assistance of a committee set up for this purpose;

>Text following EP vote>

37. Whereas the future work on the development of measures relating to the quality of Community cross-border service and technical standardization must be prepared under the aegis of the Commission, assisted by the Member States in consultation with interested parties, including associations of consumers, and with the assistance of a committee set up for this purpose; whereas the possibility of introducing 'Euro' denominated stamps should be explored in the light of progress towards the third stage of Economic and Monetary Union;

(Amendment 28)

Recital 39

>Original text>

39. Whereas the effects of the harmonized conditions on the functioning of the internal market in postal services will need to be the subject of an assessment; whereas, therefore, the Commission will present a report to the Council and the European Parliament on the application of this Directive three years following the date of its entry into force, and, at the latest, during the first half of the year 2000; whereas it is appropriate that the Commission will be assisted in this task by a review body which will monitor the evolution of the sector, that it will be composed of up to five independents experts appointed by the Commission who, together, will provide the necessary expertise needed backgrounds, and will collect all appropriate information about the developments in the sector, particularly concerning economic, social and technological aspects, as well as quality of service;

>Text following EP vote>

39. Whereas the effects of the harmonized conditions on the functioning of the internal market in postal services will need to be the subject of an assessment; whereas, therefore, the Commission will present a report to the Council and the European Parliament on the application of this Directive at the latest five years following the date of its entry into force, in which the postal operators' assessments will be included;

(Amendment 29)

Recital 40

>Original text>

40. Whereas the Court of Justice has confirmed the applicability of the rules on competition to the postal sector; whereas this Directive must comply with the Treaty; whereas, in a Notice of ....., the Commission explained how the competition rules, and in particular Article 90 of the Treaty, applied to the postal sector; whereas the rules on competition require the creation of an independent authority to ensure the effective monitoring of the reserved services as well as the transparency of the postal organizations' accounting systems; whereas competition rules require that non-discriminatory access to the postal network be guaranteed;

>Text following EP vote>

40. Whereas the Court of Justice has, in certain cases, confirmed the applicability of the rules on competition to the postal sector, and in particular Article 90(1), in conjunction with Article 90(2), of the Treaty, and has stressed that undertakings entrusted with the operation of services of general economic interest are to be subject to the rules on competition insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them; whereas this Directive must comply with the rules laid down in the Treaty as clarified by the case law of the Court; whereas the same applies to the Commission Notice of ...., which must in any event be suspended until this Directive has been adopted so that it can be reviewed and brought into line with the Treaty and secondary legislation; whereas the rules on competition require the creation of an independent authority to ensure the effective monitoring of the reserved services as well as the transparency of the postal organisations' accounting systems; whereas competition rules require that non-discriminatory access to the postal network be guaranteed;

(Amendment 30)

Recital 41

>Original text>

41. Whereas this Directive does not affect the application of the rules of the Treaty, and in particular its rules on competition and the freedom to provide services,

>Text following EP vote>

Deleted

(Amendment 32)

Article 2(1a) (new)

>Text following EP vote>

1a. public service: services of general economic and social interest for the performance of which tasks are entrusted to certain undertaking(s);

(Amendment 33)

Article 2(1b) (new)

>Text following EP vote>

1b. universal service: the specific set of services for which the universal service provider(s) in each Member State bear specific service obligations defined by the national regulatory authority; the provision of a good- quality postal service for all users at all points on their territory at affordable prices;

(Amendment 31)

Article 2(6)

>Original text>

6. postal item: any addressed item whose technical specifications allow it to be carried in the postal network. Such items include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value;

>Text following EP vote>

6. postal item: any addressed item whose technical specifications allow it to be carried in the postal network. Such items include items of correspondence, for example postal packages containing books, catalogues, newspapers, periodicals and merchandise with or without commercial value;

(Amendment 34)

Article 2(11)

>Original text>

11. Incoming cross-border mail: incoming mail from another Member State or from a third country;

>Text following EP vote>

11. Cross-border mail: mail between Member States or between a Member State and a third country;

(Amendment 35)

Article 2(12)

>Original text>

12. direct mail: item of correspondence consisting of the same message and sent to a significant number of addresses for advertising or marketing purposes;

>Text following EP vote>

12. direct mail: item of correspondence consisting of the identical message and sent to a significant number of addresses for advertising or marketing purposes;

(Amendment 36)

Article 2 (18a), (18b) and (18c) (new)

>Text following EP vote>

18a. self-provision: provision of postal services by the natural or legal person who is the originator of the mail, or collection and routing of these items by a legally distinct third party acting solely on behalf of that person in return for payment or on a commercial basis;

>Text following EP vote>

18b. express mail service: a postal service characterised by greater speed and reliability in routing compared with the basic service;

>Text following EP vote>

18c. hybrid mail service: a service combining new telecommunications technology for electronic data transmission and use of the postal service once the item appears on a paper medium;

(Amendment 37)

Article 3, 1st to 4th paragraphs

>Original text>

Member States shall ensure that users enjoy the right to a universal service involving the provision of a good-quality postal service for all users at all points on their territory at affordable prices.

>Text following EP vote>

Member States shall ensure that users enjoy the right to a universal service involving the provision of a good-quality postal service for all users at all points on their territory at affordable prices and at rates calculated on the basis of tariff equalization.

>Text following EP vote>

The principle of universal service should operate according to a uniform nation- wide tariff.

>Original text>

To that end, Member States shall take steps to ensure that the density of the points of contact, and of the points where mail is collected, take account of the needs of users.

>Text following EP vote>

To that end, Member States shall take steps to ensure that the density of the points of contact, and of the points where mail is collected, take account of the needs of users.

>Original text>

They shall take steps to ensure that the universal service providers guarantee every working day, and not less than five days a week save in exceptional circumstances or geographical conditions:

>Text following EP vote>

They shall take steps to ensure that the universal service providers guarantee every working day, and not less than five days a week save in exceptional circumstances:

>Original text>

- one collection from the clearance points,

>Text following EP vote>

- one collection from the clearance points,

>Original text>

- one door-to-door delivery for every natural or legal person.

>Text following EP vote>

- one door-to-door delivery for every natural or legal person.

>Original text>

Each Member State shall take the measures necessary to ensure that the universal service includes the following minimum facilities:

>Text following EP vote>

Each Member State shall take the measures necessary to ensure that the universal service includes the following minimum facilities:

>Original text>

- the collection, transport and distribution of addressed mail items and addressed books, catalogues, newspapers and periodicals up to 2 kg and addressed postal packages up to 20 kg;

>Text following EP vote>

- the collection, transport and distribution of addressed mail items and addressed books, catalogues, newspapers and periodicals up to 2 kg and addressed postal packages up to 20 kg;

>Original text>

- services for registered items and insured items.

>Text following EP vote>

- services for registered items and insured items;

>Text following EP vote>

- a free postal service for blind and partially sighted persons.

(Amendment 38)

Article 5

>Original text>

Each Member State shall take steps to ensure that the universal service meets the following requirements:

>Text following EP vote>

Each Member State shall take steps to ensure that the universal service meets the following requirements and that they are fulfilled:

>Original text>

- it shall offer a service guaranteeing the inviolability and secrecy of correspondence;

>Text following EP vote>

- it shall offer a service guaranteeing the inviolability and secrecy of correspondence and data protection;

>Original text>

- it shall offer an identical service to all users whose circumstances are similar;

>Text following EP vote>

- it shall offer an identical service to all users;

>Original text>

- it shall be made available without any form of discrimination whatsoever, especially without discrimination from political, religious or ideological considerations;

>Text following EP vote>

- it shall be made available without any form of discrimination whatsoever, especially without discrimination from political, religious or ideological considerations;

>Text following EP vote>

- it shall provide social protection for its employees;

>Original text>

- it shall not be interrupted or terminated, except in cases of force majeure;

>Text following EP vote>

- it shall not be interrupted or terminated, except in cases of force majeure;

>Original text>

- it shall evolve in response to the technical, economic and social environment and to the demands of users.

>Text following EP vote>

- it shall evolve in response to the technical, economic and social environment and to the needs of users;

>Text following EP vote>

- it shall take account of the objectives of economic and social cohesion.

(Amendment 39)

Article 6, 1st paragraph

>Original text>

Member States shall take steps to ensure that users are regularly given sufficiently detailed information by the universal service provider(s) regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels. This information shall be published, in particular, through the use of publicly displayed notices or brochures.

>Text following EP vote>

Member States shall take steps to ensure that users are regularly given sufficiently detailed information by the universal service provider(s) regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels. This information shall be made available to the public.

(Amendment 40)

Article 8

>Original text>

1. To the extent necessary to ensure the maintenance of universal service, the services which may be reserved to the universal service provider(s) in each Member State are the collection, sorting, transport and delivery of items of domestic correspondence whose price is less than five times the public tariff for an item of correspondence in the first weight step, provided that they weigh less than 350 grammes, and without prejudice to paragraph 2.

>Text following EP vote>

1. In order to ensure the maintenance of universal service and the economic viability of the operator responsible for providing it, the services which can be reserved to the universal service provider(s) in each Member State are the collection, sorting, transport and delivery of items of domestic correspondence, including the direct mail, whose price is less than five times the public tariff for an item of correspondence in the first weight step, provided that they weigh less than 350 grammes; in the case of the free postal service for blind and partially sighted persons, exceptions to the weight and price restrictions shall be permitted.

>Original text>

2. The distribution of incoming cross-border mail and direct mail may continue to be reserved until 31 December 2000, wherever their reservation is necessary for the financial equilibrium of the universal service provider(s). The Commission shall decide on 30 June 1998 at the latest as to the appropriateness of maintaining the reservation of those services after 31 December 2000, taking into account the developments, in particular economic, social and technological developments, that have occurred by that date and also taking into account the financial equilibrium of the universal service provider(s).

>Text following EP vote>

2. The distribution of cross-border mail within the same limits of tariff and weight may continue to be reserved until five years after the coming into force of this Directive. Five years after the entry into force of this Directive at the latest, the Commission shall present a proposal for a Directive in this area under Article 100a of the Treaty, taking into account the developments, in particular economic, social and technological developments, that have occurred by that date and also taking into account the financial equilibrium of the universal service provider(s). It shall also take into account the further measures required to maintain an equal level of service for all members of the public and good social conditions for employees.

>Original text>

3. Without prejudice to paragraph 2, the provisions of paragraph 1 shall be re- examined when the Commission reports to the Council and the European Parliament on the application of this Directive pursuant to Article 23, and no later than the first half of the year 2000.

>Text following EP vote>

Deleted

>Original text>

4. Member States, upon request of the Commission, shall provide the necessary information for the decision envisaged in paragraph 2 and the report referred to in paragraph 3.

>Text following EP vote>

4. Member States, upon request of the Commission, shall provide the necessary information for the proposal for a Directive referred to in paragraph 2.

(Amendment 41)

Article 9

>Original text>

Member States shall appoint the entity or entities that are entitled to place letter-boxes on the public highway for the reception of postal items and to issue postage stamps bearing the name of the country.

>Text following EP vote>

Member States shall appoint the entity or entities that are entitled to carry registered items, to place letter-boxes on the public highway for the reception of postal items and to issue postage stamps identifying the country of origin.

(Amendment 42)

Article 10

>Original text>

1. Member States may apply declaration procedures and, where justified, authorization procedures for the commercial provision to the public of postal services that are not reserved for the universal service providers. These procedures shall be transparent, non-discriminatory, and based on objective criteria.

>Text following EP vote>

To the extent necessary to ensure the maintenance of the universal service, new services may be reserved to the universal service provider(s) in each Member State within the same limits of weight and tariff.

>Original text>

2. The granting of authorizations may, where appropriate, be made subject to universal service obligations which are proportional, and to the obligation not to improperly impair the exclusive or special rights granted to the universal service providers, for the reserved services referred to in Article 8(1).

>Text following EP vote>

Deleted

>Original text>

3. Where a Member State determines that the universal service obligations under this Directive represent an unfair financial burden on the universal service provider, it may make the granting of authorization subject to an obligation to make a financial contribution to a compensation fund established for that purpose and administered by a body independent of the beneficiary or beneficiaries. In that event, the Member State must ensure that the principles of transparency, non-discrimination and proportionality are respected when fixing the level of the financial contributions.

>Text following EP vote>

Deleted

>Original text>

4. Member States must ensure that the reasons for refusing an authorization are communicated to the relevant party and establish an appeal procedure.

>Text following EP vote>

Deleted

>Original text>

5. Member States may provide for an identification system for direct mail, allowing the supervision of such services once they are liberalised.

>Text following EP vote>

Deleted

(Amendment 43)

Article 11

>Original text>

1. The European Parliament and the Council, acting on a proposal from the Commission and on the basis of Articles 57(2), 66 and 100a of the Treaty, shall adopt the measures necessary for the harmonisation of the authorization procedures governing the commercial provision to the public of non-reserved postal services, with the exception of those services that cannot be subjected to such constraints, such as document exchange and outgoing cross-border mail to other Member States.

>Text following EP vote>

Deleted

>Original text>

2. The harmonization measures referred to in paragraph 1 shall concern, in particular, the criteria to be observed and the procedures to be followed by the postal operator requesting the authorization, the detailed rules governing publication of those criteria and procedures, and also the appeal procedures to be followed in the event of refusal of an authorization.

>Text following EP vote>

Deleted

(Amendment 44)

Article 12

>Original text>

The European Parliament and the Council, acting on a proposal from the Commission and on the basis of Articles 57(2), 66 and 100a of the Treaty, shall adopt such harmonisation measures as are necessary to ensure that users and providers of the universal service shall have access, under conditions that are transparent and non-discriminatory, to the public postal network during the various stages preceding the final distribution of postal items.

>Text following EP vote>

Deleted

(Amendment 45)

Article 13, indent 2

>Original text>

- prices must be fixed in relation to the costs for each service making up the universal service; Member States may decide that a uniform tariff is to be applied on their territory for each service composing the universal service;

>Text following EP vote>

- prices must be fixed in relation to the costs for each service making the universal service; Member States must set a uniform tariff to be applied on their territory for each service composing the universal service;

(Amendment 81)

Article 14

>Original text>

Member States shall take steps to ensure that terminal dues are determined in relation to the costs of the universal service providers responsible for the processing and distribution of the mail in a non-discriminatory manner in the country of arrival, and in relation to the quality of the services provided.

>Text following EP vote>

Member States shall ensure that terminal dues are determined in relation to the costs of the universal service providers responsible for the processing and distribution of the mail in a non-discriminatory manner in the country of destination. On this basis the universal service provider(s) may charge the terminal dues based on costs in accordance with their domestic tariffs.

>Text following EP vote>

Incentives shall be provided to ensure that the quality of services at Community level is improved and safeguarded. In addition, mechanisms to prevent remailing shall be put in place.

>Text following EP vote>

Until this is achieved, Member States may allow the universal service provider(s) to apply terminal dues according to Article 25 of the Universal Postal Convention, whereby they may claim payment for cross-border universal service on the basis of domestic tariffs. This shall apply in particular to postal items from domestic senders which have been produced in another Member State of the Community.

>Text following EP vote>

If any disputes should arise, the universal service provider(s) may refer the matter to their national regulatory authorities. The latter shall coordinate their efforts to solve the dispute within a period of two months. After this time limit, any party may refer the matter to the Commission, which must arbitrate within three months.

(Amendment 47)

Article 15(2)

>Original text>

2. The universal service providers shall keep separate accounts, within their internal accounting systems, on the one hand for each of the relevant reserved services within the reserved sector (distinguishing between collection, transport, sorting and delivery) and, on the other hand, for the non-reserved services, in the same way as would be required if the services in question were provided by separate undertakings. They shall draw up in their annual report a balance sheet and a profit and loss account for the reserved services, on the one hand, and for the non-reserved services, on the other.

>Text following EP vote>

2. In order to avoid cross-subsidies between the reserved sector and non- reserved services affecting the conditions for fair competition in the non- reserved sector, the universal service providers shall keep and publish, where appropriate, separate accounts for the relevant reserved services and the non- reserved services. The sector operators shall not use profits from the reserved sector to subsidise non-reserved activities open to competition except where such subsidies are justified by the exceptionally high cost of their obligations arising from the universal service. In any case, the tariff of a service open to competition charged by the universal service operator must be higher than the marginal cost of the service provided.

(Amendment 48)

Article 17, 1st paragraph

>Original text>

Member States shall take steps to ensure that standards are laid down for national mail that are compatible with those laid down by the Commission for the intra-Community cross-border services. However, regard being had to specific national conditions, an initial objective shall be to ensure that in all Member States the items of correspondence of the fastest standard category achieve an end-to-end transit time of one working day from the date of deposit to the date of delivery for at least 80% of the items dispatched.

>Text following EP vote>

Member States shall take steps to ensure that standards are laid down for national mail that are compatible with those laid down by the Commission for the intra-Community cross-border services. However, regard being had to specific national conditions, an initial minimum requirement shall be to ensure that in all Member States the items of correspondence of the fastest standard category achieve an end-to-end transit time of one working day from the date of deposit to the date of delivery for at least 80% of the items dispatched and not more than two working days for 95% of the items dispatched except in cases of force majeure and with the exception of geographically isolated territories of a Member State.

(Amendment 49)

Article 18, 1st paragraph

>Original text>

In accordance with the provisions of Article 16, the Commission shall, one year after the entry into force of this Directive, lay down quality standards for intra-Community cross-border services. It shall publish these standards in the Official Journal of the European Communities and shall take steps to ensure the regular monitoring and the publication of performance levels certifying compliance with these standards and the progress accomplished. These standards shall be subject to periodic review.

>Text following EP vote>

In accordance with the provisions of Article 16, the Commission shall, one year after the entry into force of this Directive, lay down quality standards for intra-Community cross-border services. It shall publish these standards in the Official Journal of the European Communities and shall take steps to ensure the regular monitoring and the publication of performance levels certifying compliance with these standards and the progress accomplished. These standards shall be subject to periodic review. If performance levels prove to be below average, practical suggestions shall be made to remedy the situation.

(Amendment 50)

Article 19

>Original text>

Member States shall take steps to ensure that transparent, simple and inexpensive procedures are drawn up for dealing with users' complaints, particularly in cases involving loss, theft or damage, or non-compliance with service quality standards. Member States shall ensure that an efficient and speedy system for reimbursement and/or compensation is available, and that disputes are settled fairly and promptly.

>Text following EP vote>

Member States shall take steps to ensure that transparent, simple and inexpensive procedures are drawn up for dealing with users' complaints, particularly in cases involving loss, theft or damage, or, where a contract has been signed with the customer, non-compliance with service quality standards. Member States shall ensure that an efficient and speedy system for reimbursement and/or compensation is available for services specifying compensation, and that disputes are settled fairly and promptly. Member States shall ensure that the abovementioned obligations apply to all providers of postal services, whether public or private operators.

>Original text>

Without prejudice to other possibilities of appeal under national and Community legislation, Member States shall ensure that users acting, where permitted by national law, jointly with organisations representing the interests of users and consumers may bring before the national regulatory authority cases where complaints to the universal service provider have not been satisfactorily resolved.

>Text following EP vote>

Deleted

>Original text>

In accordance with the provisions of Article 16, Member States shall ensure that the universal service providers publish, together with the annual report on the monitoring of their performance, information on the number of complaints and the manner in which they have been treated.

>Text following EP vote>

Deleted

(Amendment 51)

Article 20, 1st paragraph

>Original text>

The harmonisation of technical standards shall be developed, taking into account in particular the interests of users.

>Text following EP vote>

The harmonisation of technical standards shall be ensured, taking into account in particular the interests of users in the framework of a unified single market.

(Amendment 52)

Article 21

>Original text>

The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission. The Advisory Committee shall establish its own rules of procedure.

>Text following EP vote>

The Commission shall be assisted by a committee of an advisory nature composed of one representative per Member State and chaired by the representative of the Commission. The Advisory Committee shall establish its own rules of procedure.

>Original text>

The Advisory Committee shall be consulted on the provisions relating to quality of service set out in Article 16 and the provisions relating to the harmonization of technical standards set out in Article 20.

>Text following EP vote>

Deleted

>Original text>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Text following EP vote>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Original text>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Text following EP vote>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Original text>

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

The Commission shall also consult the representatives of the postal operators, the industries involved, the users including domestic consumers and both sides of the industry on questions relating to quality of service and the harmonization of technical standards.

>Text following EP vote>

The Commission shall also consult the representatives of the postal operators, the industries involved, the users including domestic consumers and both sides of the industry on questions relating to quality of service and the harmonization of technical standards.

>Original text>

It shall keep the Advisory Committee regularly informed of the outcome of those consultations and of the work carried out by the review body referred to in Article 23.

>Text following EP vote>

It shall keep the Advisory Committee and the European Parliament, in particular its committee responsible, regularly informed of the outcome of those consultations and of the work carried out by the review body referred to in Article 23.

>Text following EP vote>

The meetings of the committee shall in principle be held in public unless a properly reasoned decision to the contrary is taken and is published in good time. The committee shall publish its agendas two weeks before its meetings and it shall publish the minutes of its meetings. It shall draw up a public register of its members' declarations of interest.

(Amendment 53)

Article 22, 2nd paragraph

>Original text>

The national regulatory authorities shall have as a particular task ensuring compliance with the obligations arising from this Directive. They may also be made responsible for ensuring compliance with the national and Community competition rules in the postal sector.

>Text following EP vote>

The national regulatory authorities shall have as a particular task ensuring compliance with the rights, including those provided for in Article 8(1), and obligations arising from this Directive. They may also be made responsible for ensuring compliance with the national and Community competition rules in the postal sector.

(Amendment 54)

Article 23(1)

>Original text>

1. Three years after the date of entry into force of this Directive and at the latest by the first half of year 2000, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive. For this purpose, the Commission shall be assisted by a review body which will monitor the evolution of the sector.

>Text following EP vote>

1. Five years after the date of entry into force of this Directive, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive. For this purpose, the Commission shall be assisted by a review body which will monitor the evolution of the sector.

The European Parliament and the Council shall take the necessary measures, on a proposal from the Commission, and on the basis of Articles 100a and 189b of the Treaty, to adapt this Directive in the light of any new market situation affecting the universal service and the reserved area.

(Amendment 55)

Article 23(2)

>Original text>

2. The review body shall be composed of up to five independent experts, appointed by the Commission, who, together, shall provide the different areas of expertise required. They shall collect all appropriate information on developments in the sector, particularly concerning economic, social and technological aspects, as well as information on quality of service.

>Text following EP vote>

2. The review body shall be composed of independent experts with a knowledge of the nature, role and diversity of postal services in Member States, appointed by the Commission, who, together, shall provide the different areas of expertise required. They shall collect all appropriate information on developments in the sector, particularly concerning economic, social and technological aspects, as well as information on quality of service.

(Amendment 56)

Article 23(2a) (new)

>Text following EP vote>

2a. The Commission shall include in its report referred to in paragraph 1 the opinions submitted by the representatives of both publicly owned and private postal operators, the workers in the postal sector and the domestic consumers concerning the evolution of the sector and the implementation of this Directive.

(Amendment 57)

Article 24, 1st paragraph

>Original text>

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than six months after the date of its entry into force. They shall immediately inform the Commission thereof.

>Text following EP vote>

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than one year after the date of its entry into force. They shall immediately inform the Commission thereof.

(Amendment 58)

Article 24, 2nd paragraph a (new)

>Text following EP vote>

In each case, the restructuring resulting from the application of this Directive must give priority to the preservation of existing jobs and the safeguarding of the social protection of employees.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on common rules for the development of Community postal services and the improvement of quality of service (COM(95)0227 - C4-0540/95 - 95/0221(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0227 - 95/0221(COD) ((OJ C 322, 2.12.1995, p. 22.)),

- having regard to Articles 189b(2), 57(2), 66 and 100a of the EC Treaty of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0540/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Legal Affairs and Citizens' Rights and the Committee on Social Affairs and Employment (A4- 0105/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.