COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 20.10.1997 
COM(97) 532 final 
95/0221 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for 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 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. BACKGROUND 
On 25 July 1995 the Commission adopted a 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) 227)'. 
The Economic and Social Committee gave its opinion on the Commission's proposal on 
28 March 19962. 
The European Parliament gave its opinion on first reading on 9 May 1996, and proposed 
58 amendments to the proposal3. 
The Committee of the Regions gave its opinion on the proposal on 13 June 19964. 
On 31 July 1996 the Commission adopted an amended proposal in conformity with 
Article 189a(2) of the Treaty, incorporating a number of the EP amendments5. 
The Council adopted its common position (EC No 25/97) on 29 April 19976, on which 
the Commission delivered its opinion on 6 May 19977. 
in the second reading, the European Parliament on 16 September 1997 proposed 5 
amendments to the common position. 
2. PURPOSE OF THE COMMISSION PROPOSAL 
This Directive aims to provide for a regulatory framework at Community level for the 
postal sector. 
It defines the minimum universal service to be provided throughout the Community to all 
citizens, wherever they are located, at affordable prices. In order to ensure the financial 
viability of the universal service, the Directive defines harmonised criteria for the 
services which may be reserved to the universal service providers, to the extent necessary 
1 OJC322of2.12.95,p.22. 
2 CES 419/96. 
3 OJC 152 of 27.5.96, p. 20. 
4 CdR 422/95 
5 COM(96) 412, 31.07.96 
6 OJC 188 of 19.6.97, p. 9 
7 SEC(97) 821 final 
for the maintenance of the universal service, whilst also providing for a gradual and 
controlled opening up of the postal market to more competition. 
The Directive also provides for the establishment of quality of service standards for 
universal service, in relation to both national postal services and intra-Community cross-
border services, as well as for the development of harmonised technical standards. 
Furthermore, the proposed Directive sets out common principles for tariff setting and 
accounting by universal service providers, as well as for national authorisation schemes, 
and requires separation between regulatory powers and operational functions. 
3. OPINION OF THE COMMISSION ON THE AMENDMENTS OF THE EUROPEAN 
PARLIAMENT 
All five of the amendments adopted by the European Parliament in second reading can be 
accepted by the Commission. 
o Amendment 1 changes the drafting of recital (27) on the issue of terminal dues, and 
provides useful clarification. 
© Amendment 2 deletes from Article 3(3) the provision for specific derogations (at the 
discretion of the national regulatory authorities) from the door-to-door delivery 
requirements of the universal service. It also requires that the exceptions from the 
universal service requirements of Article 3, third paragraph ("in circumstances or 
geographical conditions deemed exceptional by the national regulatory authorities") 
must be communicated to the Commission and to all national regulatory authorities. It 
therefore improves transparency and accountability. 
• Amendment 3 provides for a wider notification to the Commission of the steps taken 
by each Member State to comply with its obligation to ensure that the universal 
service is guaranteed, thus providing greater clarity and transparency. The two 
consequential technical modifications to Article 2(13) and 5(1) which flow from this 
Amendment, and which are referred to in the footnote to it, are also included in the 
Commission's modified proposal to ensure consistency and avoid duplication. 
• Amendment 4 specifies in Article 7(1) that exceptions to the weight and price limits 
for the reserved sector set out in that paragraph may be permitted in the case of the 
free postal service for blind and partially sighted persons. This makes it clear that the 
existing arrangements in Member States governing this service can be maintained. 
Amendment 5, concerning the right of universal service providers to negotiate 
individual agreements with customers, makes explicit in the substantive text of Article 
12 the principle already referred to in recital (15), and is therefore acceptable. 
4. MODIFIED PROPOSAL 
On 6 May 1997 the Commission adopted its opinion on the common position concerning 
a Directive of the European Parliament and the Council on common rules for the 
development of the internal market of Community postai services and the improvement 
of quality of service, by which it accepted the revised text for the proposed Directive. • 
Following the second reading of the draft Directive by the European Parliament, the 
Commission hereby modifies its proposal for a Directive to incorporate the five 
amendments adopted by the European Parliament on 16 September 1997. 
In addition to these five amendments, the Commission's modified proposal also includes 
the two technical adjustments (to Article 2(13) and Article 5(1)) referred to in the 
footnote to Amendment 3 in the Recommendation for Second Reading, the texts of 
which were presented by the European Parliament's rapporteur in the debate in the 
Parliament's plenary session on 15 September 1997. 
AMENDED PROPOSAL FOR 
A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 
ON COMMON RULES FOR THE DEVELOPMENT OF THE INTERNAL MARKET OF 
COMMUNITY POSTAL SERVICES AND THE IMPROVEMENT OF QUALITY OF 
SERVICE 
common position amended proposal 
Recital 27 
(following Amendment 1) 
Whereas the remuneration for the 
provision of the intra-Community cross-
border mail service, without prejudice to 
the minimum set of, obligations derived 
from Universal Postal Union acts, should 
be geared to costs of delivery according to 
specified quality-of-service targets, thus 
justifying suitable systems providing for 
an appropriate coverage of costs and 
related specifically to the quality of 
service achieved; Whereas the remuneration for the 
provision of the intra-Community 
cross-border mail service, without 
prejudice to the minimum set of 
obligations derived from Universal 
Postal Union acts, should be geared to 
cover the costs of delivery incurred by 
the universal service provider in the 
country of destination: whereas this 
remuneration should also provide an 
incentive to improve or maintain the 
quality of the cross-border service 
through the use of quality of service 
targets: whereas this would justify 
suitable systems providing for an 
appropriate coverage of costs and 
related specifically to the quality of 
service achieved; 
Article 2(13) 
(consequential technical amendment resulting from Amendment 3) 
universal service provider: a public or 
private entity designated by a Member 
State to ensure the provision of a 
universal postal service or parts thereof: universal service provider: the public or 
private entity providing a universal 
postal service or parts thereof within a 
Member State, the identity of which 
has been notified to the Commission in 
accordance with Article 4: 
Article 3(3) 
(following Amendment 2) 
They shall take steps to ensure that the 
universal service provider(s) 
guarantee(s) every working day and not 
less than five days a week, save in 
circumstances or geographical 
conditions deemed exceptional by the 
national regulatory authorities., as a 
minimum: 
- one clearance, 
- one door-to-door delivery for every 
natural or legal person orf by way of 
derogation, under conditions at the 
discretion of the national regulatory 
authority. one delivery to 
appropriate installations. They shall take steps to ensure that the 
universal service provider(s) 
guarantee(s) every working day and not 
less than five days a week, save in 
circumstances or geographical conditions 
deemed exceptional by the national 
regulatory authorities, as a minimum: 
- one clearance, 
- on& door-to-door delivery for every 
natural or legal, person. 
The, ckc.ùmstaaces mentioned above 
must he„_ __ ..communicated to the 
Commission and to ail national 
regulatory authorities. 
Article 4 
(following Amendment 3) 
Each Member State 
procedures deemed shall, under 
appropriate.. 
designate one or more postal operators to-
be responsible for providing universal 
service and shall notify the Commission 
of the operators) selected. In accordance 
with Community law, each Member 
State shall determine the obligations and 
rights assigned to the universal service 
provider(s) and shall publish them. Each Member State shall ensure that 
the provision of the universal service is 
guaranteed and shall notify the 
Commission, of the steps it has taken to 
fulfil this obligation and, in particular, 
the identity of its • universal V I'vl 
provideris). Each Member State shall 
determine in accordance with 
Community law the obligations and 
rights assigned XQ the universal service 
provider(s) and shall publish them. 
Article 5(1) 
(consequential technical amendment resulting from Amendment 3) 
Each Member State shall take steps to 
ensure that universal service provision is 
guaranteed and meets the following 
requirements: 
[Remainder of paragraph unchanged] Each Member State shall take steps to 
ensure that universal service provision 
meets the following requirements: 
[Remainder of paragraph unchanged] 
Article 7(1) 
(following Amendment 4) 
To the extent necessary to ensure the 
maintenance of universal service, the 
services which may be reserved by each 
Member State for the universal service 
provider(s) shall be the clearance, 
sorting, transport and delivery of items 
of domestic correspondence, whether by 
accelerated delivery or not, the price of 
which is less than five times the public 
tariff for an item of correspondence in 
the first weight step of the fastest 
standard category where such a category 
exists, provided that they weigh less 
than 350 g. To the extent necessary to ensure the 
maintenance of universal service, the 
services which may be reserved by 
each Member State for the universal 
service provider(s) shall be the 
clearance, sorting, transport and 
delivery of items of domestic 
correspondence, whether by accelerated 
delivery or not, the price of which is 
less than five times the public tariff for 
an item of correspondence in the first 
weight step of the fastest standard 
category where such a category exists, 
provided that they weigh less 
than 350 g. 
In the case of the free postal service for 
blind and partially sighted persons, 
exceptions to the weight and price 
restrictions may be permitted-
Article 12 
(following Amendment 5) 
Member States shall take steps to ensure 
that the tariffs for each of the services 
forming part of the provision of the 
universal service comply with the 
following principles: 
- prices must be affordable and must 
be such that all users have access 
to the services provided, 
- prices must be geared to costs; 
Member States may decide that a 
uniform tariff should be applied 
throughout their national territory, 
tariffs must be transparent and 
non-discriminatory. Member States shall take steps to ensure 
that the tariffs for each of the services 
forming pail of the provision of the 
universal service comply with the 
following principles: 
- prices must be affordable and must 
be such that all users have access 
to the services provided, 
- prices must be geared to costs; 
Member States may decide that a 
uniform tariff should be applied 
throughout their national territory, 
the-agpljcation of a uniform tariff 
does not exclude the right of the 
universal service provider(s) to 
conclude individual agreements on 
prices with customers, 
- tariffs must be transparent and 
non-discriminatory. 

ISSN 0254-1475 
COM(97) 532 final 
DOCUMENTS 
EN 10 08 07 
Catalogue number : CB-CO-97-550-EN-C 
ISBN 92-78-26077-0 
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