A4-0388/96

Resolution on the draft notice from the Commission on the application of the competition rules to the postal sector and in particular on the assessment of certain State measures relating to postal services (SEC(95)0830 - C4-0551/95)

The European Parliament,

- having regard to the Commission draft notice, SEC(95)0830 - C4-0551/95,

- having regard to its opinion, delivered at first reading on 9 May 1996 ((OJ C 152, 27.5.1996, p. 20.)), 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)) ((OJ C 322, 2.12.1995, p. 22.)),

- having regard to the conclusions on the draft communication on postal services adopted by the Telecommunications Council of 27 November 1995 (12025/95 (Press 340-G)),

- having regard to its resolution of 25 October 1995 calling on the Commission to withdraw its draft communication on the rules of competition in the postal services sector ((OJ C 308, 20.11.1995, p. 60.)),

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Transport and Tourism (A4- 0388/96),

A. whereas a notice is a form of legal act not provided for in the Treaties and without any binding legal effect that is intended to explain and state the Commission's attitude towards the consequences of existing legislation resulting from the Treaty,

B. whereas the draft notice interferes with the abovementioned proposal for a Directive,

C. whereas, as it now stands, the draft notice seems to include many contradictions and inconsistencies vis-à-vis the Commission proposal for a Directive and more especially the amendments adopted by the European Parliament at first reading,

D. whereas if it is in effect a matter of urgency to find a Community solution to the problems of postal services in Europe, the Commission became aware of this necessity only recently despite the requests made by Parliament since 1988, in particular in its resolutons of 14 December 1988 on posts and telecommunications ((OJ C 12, 16.1.1989, p. 69.)), 22 January 1993 on the Green Paper on the development of the single market for postal services ((OJ C 42, 15.2.1993, p. 240.)), 25 June 1993 on the single market for postal services ((OJ C 194, 19.7.1993, p. 397.)), 29 October 1993 on postal services ((OJ C 315, 22.11.1993, p. 643.)), and by the Council which in September 1989 and in its resolution of 7 February 1994 on the development of postal services in the Community ((OJ C 48, 16.2.1994, p. 3.)), called on the Commission to draw up proposals for integrating these services into the internal market,

1. Considers that the Commission should withdraw its current draft notice, especially as it contains many contradictions and inconsistencies vis-à-vis its proposal for a Directive and more especially the amendments adopted by the European Parliament - by a large majority - at first reading;

2. Points out that the Court of Justice of the European Communities has confirmed that competition rules apply to the postal sector, and that 'undertakings entrusted with the operation of services of general economic interest may be exempted from the application of the competition rules contained in the Treaty' (Almelo case);

3. Is of the opinion that the Commission should, as it did in its communication on the telecommunications sector ((OJ C 233, 6.9.1991, p. 2.)), include a statement in the draft notice that the provisions do not constitute rights or obligations but are merely declaratory in the opinion of the Commission and therefore that the notice itself can neither create rights or obligations in addition to those contained in the proposal for a Directive nor prejudice implementation and interpretation by the Court of Justice of the European Communities of the Community rules of competition;

4. Is of the opinion, however, that the final objective must be kept clearly in sight, namely the creation of a harmonized and liberalized postal market in controlled stages, which must guarantee in any case a comprehensive, affordable, high-quality universal service to all citizens and with funding permanently assured;

5. Insists that the Council take a decision as quickly as possible on the abovementioned proposal for a Directive on common rules for the development of Community postal services and the improvement of quality of service and that it take over the amendments adopted by the European Parliament at first reading;

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