COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 31.07.1996 
COM(96) 412 final 
96/0221 (COD) 
Amended 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 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
The Commission hereby presents a modified 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. The modified 
proposal incorporates those amendments proposed by the European Parliament at First 
Reading which are accepted by the Commission. 
I. INTRODUCTION 
a) Background 
The Commission adopted its proposal on 25 July 1995, and it was formally 
transmitted to the European Parliament and the Council on 22 November 19951. 
The Economic and Social Committee gave its opinion on 28 March 19962. The 
European Parliament adopted a favourable Resolution at its First Reading on 9 May 
1996, and proposed 58 amendments to the Commission proposal3. 
b) Purpose of the Directive 
This Directive aims to provide for a harmonised regulatory framework at 
Community level for the postal sector. 
It provides for a minimum mandatory 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 proposed Directive 
defines harmonised criteria for the services which may be reserved to the universal 
service providers to the extent necessary 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 proposed Directive also provides for the establishment of service quality 
standards both for national postal services and for intra-Community cross-border 
services, as well as setting out a procedure for the elaboration and adoption of 
harmonised technical standards. Furthermore, the proposed Directive requires 
separation between regulatory powers and operational functions. 
1 OJC322, 2.12.95, p. 22 
2 TRA/293,28.03.96 
3 A4 - 0105/96, PV 09-05-96 
2. EP AMENDMENTS ACCEPTED BY THE COMMISSION 
Of the 58 amendments adopted by the European Parliament at First Reading, the 
Commission can accept 10 in full, 5 in part and 1 in principle, making a total of 16. 
Amendments accepted in full : 4, 9, 13, 21, 27, 30, 39, 55, 56, 57 
Amendments accepted in part : 1, 37, 38, 41, 48 
Amendment accepted in principle : 15 
The Commission has accepted those amendments which : 
- emphasise the importance of creating an internal market for postal services within 
the European Community; 
- re-inforce the need for a wide consultation of interested parties in the postal 
sector; 
- increase transparency and ensure the effective provision of relevant information to 
the public; 
- refer to the possibility for Member States to integrate the twelve-star symbol of 
the EU into their postage stamps and the need to explore the possibilities for 
introducing Euro-denominated postage stamps; 
- make clear that the process of liberalisation should not curtail the right of Member 
States to make provision for services for blind and partially sighted persons; 
- clarify the text in a manner consistent with the aims of the Directive; 
- extend the period allowed for implementation of the Directive; 
- are consistent with other Community legislation. 
3. AMENDMENTS NOT ACCEPTED BY THE COMMISSION 
The Commission has not accepted 42 of the 58 amendments proposed by the 
European Parliament. The reasons are given below, where the amendments are 
grouped into 9 broad categories. 
Reserved services and timetable for liberalisation 
(Amendments 10, 14, 16, 19, 20, 28, 34, 40, 41 (in part), 54) 
Amendment 10 implies that a reserved area should always exist, whereas Article 
8(1) makes clear that services should only be reserved when necessary. Amendments 
16, 19, 34 and 40 would effectively freeze any liberalisation of direct mail or cross-
border mail for at least 5 years after entry into force of the Directive. This would 
seriously undermine the delicate balance, called for by the Council in its Resolution 
of 7th February 19944 , between the gradual, controlled opening of the market and 
the safeguarding of the universal service. 'O1-
This open-ended retention of direct mail and cross-border mail within the reserved 
area forms part of a general postponement of the liberalisation process which (as a 
result of amendments 20, 28, 40 (3rd part) and 54) would also include postponement 
of the general review of the application of the Directive from the first half of the 
year 2000 at the latest, until five years after its entry into force. These amendments 
are therefore also not accepted by the Commission. 
There is also no justification for restricting competition in registered mail services 
outside the price and weight limits of the reserved area, and hence amendment 41 
(first part) is not accepted. The operation of the reserved services must comply with 
the rules of the Treaty, and with the competition rules in particular, and amendment 
14, which implies otherwise, is therefore not accepted. 
Declaration and authorisation procedures 
(Amendments 23, 42 (in part), 43) 
As a consequence of the freezing of liberalisation measures referred to above, 
amendments 42 and 43 would also remove from the Directive the provisions which 
allow for the implementation and ultimate harmonisation of declaration and 
authorisation procedures for the commercial provision of non-reserved postal 
services. The Parliament also rejected recital 22 of the Commission's proposal, 
which refers to declaration and authorisation procedures, by a separate vote. 
Similarly, amendment 23 would delete the reference to the possible establishment of 
an identification system for direct mail. Those amendments would therefore remove 
important safeguards designed to ensure the orderly provision of the universal 
service in the context of the opening up of the market by the Member States, and are 
therefore not accepted. 
Universal Service 
(Amendments 8, 12, 22, 33, 37 (in part), 38 (in part), 42 (in part), 45) 
The minimum requirements for the universal service are set out in detail in Chapter 
2 of the Directive, and the limited definition provided in amendment 33 is therefore 
both insufficient and unnecessary. Special and new services have specific 
characteristics which distinguish them from services within the universal postal 
service, and amendments 22 and 42 (first part) (which take no account of such 
differences) are therefore not accepted. Amendment 38 (which would delete the 
words "whose circumstances are similar" from the 2nd indent of Article 5) fails to 
take account of the diversity of the needs of users which the universal service must 
satisfy. 
Amendment 38 also introduces elements (social protection of employees and 
economic and social cohesion) which, although valid Community objectives, are not 
intrinsic elements of the definition of the universal service as such. Furthermore, the 
OJ C 48, 16.02.94, p. 3 
universal service requirements apply throughout the Community and should not 
therefore focus only on its provision in the most remote or least advantaged regions 
(amendment 8). 
Amendments 12, 37 and 45 would make the setting of a single uniform tariff a 
mandatory element of the universal service. While the Commission believes that a 
uniform tariff structure may often be appropriate, this is for Member States to decide 
upon in accordance with the principle of subsidiarity, and is not a pre-condition for 
the existence of a universal service, as experience in some Member States has 
shown. Users' interests in relation to tariffs are sufficiently protected by the concept 
of affordability already enshrined in the Directive. The provision of a free service 
for blind and partially sighted persons is a matter for Member States to decide upon, 
in accordance with the principle of subsidiarity, and should not therefore be included 
as a mandatory element of the universal service (amendment 37, final indent). 
Quality of Service 
(Amendments 5, 48 (in part), 49, 50) 
The quality of Community cross-border services is clearly unsatisfactory at present, 
and the deletion of the reference to this fact in the recitals is not therefore justified 
(amendment 5). Although the Commission is sympathetic to the additional quality 
standard for national services introduced by amendment 48 (second part), the 
exceptions which that amendment would introduce are not acceptable. 
Amendment 49, while motivated by a valid concern to improve performance levels, 
is insufficiently precise to warrant inclusion in a legislative text. On the other hand, 
the limitations which amendment 50 would place on postal users' rights of access to 
effective complaint, compensation and appeal procedures would significantly 
weaken the mechanisms established by the Directive to ensure that quality standards 
are met. 
Terminal Dues 
(Amendments 25, 26, 81) 
Amendments 25, 26 and 81 would seek to establish a stricter and more detailed set 
of criteria for the establishment and regulation of a system of terminal dues by 
Member States and the Commission. However, tariff systems such as terminal dues 
are primarily the responsibility of the postal operators, who must act in co­
ordination with their national regulatory authorities and in compliance with the rules 
of the Treaty and, in particular, the competition rules. Flexibility is therefore 
required for the development and continued monitoring of the terminal dues system. 
The Commission proposal already sets out, in accordance with the Council 
Resolution of 7 February 1994, the fundamental principles on which the terminal 
dues system has to be founded, and takes into account that considerable adjustments 
will need to be made to tariffs in some Member States in order to ensure their 
alignment with costs. Recourse to Article 25 of the Universal Postal Convention can 
only be justified where it dies not conflict with the rules of the EC Treaty. Similarly, 
certain forms of remailing cannot be prevented and a case by case approach to the 
issue of remailing is necessary. Hence amendments 25, 26 and 81 are not accepted. 
Social and Employment issues 
(Amendments 3, 7, 11, 17, 18, 24, 40 (in part), 58) 
Whilst the Commission fully recognises the importance of taking employment and 
social issues into account in the ongoing process of liberalisation, it believes that to 
make the development of employment and social protection within the postal sector 
an over-riding priority or a pre-condition for liberalisation and the improvement of 
quality of service would risk undermining the principal objectives of the directive 
and deprive it of its effectiveness. Hence amendments 3, 11, 24, 40 (end of 
paragraph 2) and 58 are not accepted. Amendments 7 and 17 are not appropriate 
because they prejudge the impact on employment of the liberalisation measures 
proposed. 
As regards the requirement in amendment 18 for a study on the implications of the 
Directive on current levels of jobs, the Directive already contains, in Articles 8(2) 
and (3), provision for a general review which will include, among other elements, 
analysis of the implications in the area of employment and services. 
Definitions 
(Amendments 31, 32, 35, 36) 
Amendments 32 and 36 introduce definitions for terms ("public service", "self-
provision", "express mail service" and "hybrid mail service") which are not used in 
the substantive text of the Directive and hence are unnecessary. The definition of 
"direct mail" in amendment 35 places undue emphasis on the form of the message 
(requiring that it be "identical") as opposed to its purpose (advertising or marketing), 
and so is not accepted. Amendment 31 seems unnecessarily to duplicate the existing 
contents of the definition of "postal item". 
Case law of the Court of Justice 
(Amendments 6 and 29) 
The selective references to the case law of the Court of Justice and its interpretation 
contained in amendments 6 and 29 are not considered conducive to legal certainty in 
their present context. Moreover, as regards the reference in amendment 29 to the 
Commission's draft Notice on the application of the competition rules to the postal 
sector, it is not appropriate to try to restrict, by means of a Directive, rights and 
obligations of the Commission which derive from the EC Treaty itself. 
Other amendments 
(Amendments 2, 40 (in part), 44, 47, 51, 52, 53) 
Amendment 47 would result in a weakened requirement for accounting separation 
between the primary activities within the reserved area and non-reserved services, 
and introduces additional criteria of uncertain application. Hence it is not accepted. 
The Commission believes that it remains appropriate to provide for a future 
harmonisation of the conditions of access to the public postal network, if necessary, 
and the deletion of Article 12 (amendment 44) is therefore not accepted. The 
development of harmonised technical standards in the framework of the internal 
market is carried out on a voluntary basis, and the more binding wording in 
amendment 51 is therefore not accepted. 
6 
The conduct and procedures of the Advisory Committee established by virtue of 
Article 21 must be governed by the established rules of comitology agreed between 
the Community institutions, and the changes to these procedures which amendment 
52 would bring about cannot therefore be accepted. 
The Commission's original proposal is consistent with Member States' right, in 
accordance with the principle of subsidiarity, to provide for special services to be 
made available to blind and partially sighted persons. Amendment 40 (end of 
paragraph 1) is therefore unnecessary. 
Only those bodies whose role in the legislative process is provided for by the EC 
Treaty should be referred to in the preamble, and hence amendment 2 is not 
accepted. Article 22 of the Commission's proposal already entrusts national 
regulatory authorities with the task of ensuring compliance with all obligations (and 
consequently the protection of corresponding rights) derived from the Directive and 
the specific reference in amendment 53 to rights provided for in Article 8(1), is 
therefore inappropriate. 
4. CONCLUSION 
The Commission has accepted 16 of the 58 amendments proposed by the European 
Parliament at First Reading, either in whole, in part or in principle. 
In accordance with Article 189a paragraph 2 of the EC Treaty, the Commission 
amends its initial proposal, incorporating these amendments. 
Amended 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 
Original text Amended text 
Title 
Proposal for a European Parliament and Proposal for a European Parliament and 
Council Directive on common rules for the Council Directive on common rules for the 
development of Community postal development of the internal market of 
services and the improvement of quality of Community postal services and the 
service improvement of quality of service 
Recital 4 
(4)Whereas the Commission has (4)Whereas the Commission has conducted 
conducted wide-ranging public 
consultation on those aspects of postal 
services that are of interest to the 
Community; wide-ranging public consultation on 
those aspects of postal services that are 
of interest to the Community and the 
interested parties in the postal sector 
have communicated their observations to 
the Commission: 
Recital 8 
(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; (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; 
Recital 14 
(14) Whereas users of the universal (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; service must be given adequate 
information on the range of services 
offered, the conditions governing their 
supply and use, the quality of the 
services provided, and the tariffs; 
Recital 16a (new) 
( 16a) Whereas the process of liberalization 
should not curtail the continuing supply 
qf certain free services for blind and 
partially sighted persons introduced hy 
flhe Member States; 
Recital 20 
(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; (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 the 
postage stamps may indicate that the 
country belongs to the European Union 
bv integrating the 12-star symbol; 
Recital 37 
(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; (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 issuing 
Euro-denominated postage stamps 
should be studied in the light of progress 
towards the third phase of economic and 
monetary union; 
Recital 41 
(41) Whereas this Directive does not Deleted 
affect the application of the rules of the 
Treaty, and in particular its rules on 
competition and freedom to provide 
services. 
Article 3, first four paragraphs 
Member States shall ensure that users - Unchanged 
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. 
To that end, Member States shall take steps - Unchanged 
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. 
They shall take steps to ensure that the They shall take steps to ensure that the 
universal service providers guarantee universal service providers guarantee every 
every working day, and not less than five working day, and not less than five days a 
days a week save in exceptional week save in exceptional circumstances: 
circumstances or geographical conditions: 
- one collection from the clearance points, - unchanged 
- one door-to-door delivery for every - unchanged 
natural or legal person. 
Each Member State shall take the measures - unchanged 
necessary to ensure that the universal 
service includes the following minimum 
facilities: 
- the collection, transport and distribution - unchanged 
of addressed mail items and addressed 
books, catalogues, newspapers and 
periodicals up to 2 kg and addressed 
postal packages up to 20 kg, 
- services for registered items and insured - unchanged 
items. 
Article 5 
Each Member State shall take steps to 
ensure that the universal service meets the 
following requirements: 
- it shall offer a service guaranteeing the 
inviolability and secrecy of 
correspondence, unchanged 
it shall offer a service guaranteeing the 
inviolability and secrecy of 
correspondence and data protection. 
10 
it shall offer an identical service to all - unchanged 
users whose circumstances are similar, 
it shall be made available without any - unchanged 
form of discrimination whatsoever, 
especially without discrimination arising 
from political, religious or ideological 
considerations, 
it shall not be interrupted or terminated, - unchanged 
except in cases offeree majeure, 
it shall evolve in response to the - unchanged 
technical, economic and social 
environment and to the demands of 
users. 
Article 6, first paragraph 
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 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 must be made 
available to the public. 
Article 9 
Member States shall appoint the entity or Member States shall appoint the entity or 
entities that are entitled to place entities that are entitled to place 
letter-boxes on the public highway for the letter-boxes on the public highway for the 
reception of postal items and to issue reception of postal items and to issue 
postage stamps bearing the name of the postage stamps identifying the country of 
country. origin. 
11 
Article 17, first paragraph 
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. 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, the 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. 
Article 23(2) 
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. 2.The review body shall be composed of 
independent experts conversant with the 
nature, role and diversity of postal 
services in the Member States, appointed 
by the Commission and 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. 
Article 23 (2a) (new) 
2a In its report referred to in paragraph 1 
above, the Commission shall also 
include the opinions submitted by the 
representatives of the postal operators, 
whether public or private, the workers in 
the postal sector and national consumers 
concerning the sector's evolution and the 
application of this Directive. 
12 
Article 24, first paragraph 
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. 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. 
13 

ISSN 0254-1475 
COM(96) 412 final 
DOCUMENTS 
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