WRITTEN QUESTION P-2132/00

by Mauro Nobilia (UEN) to the Commission

(21 June 2000)

Subject: Infringement proceedings against Italy for failure to transpose Directive 97/67/EC correctly

The Commission has initiated infringement proceedings against Italy following a complaint from the Dutch public-sector postal operator, TNT Post Group (TPG), for failure to transpose Directive 97/67/EC(1) adequately and with the aim of reducing funding for the universal postal service in Italy.

The proceedings are intended to produce the effects sought by the first proposal for a second directive drawn up by the Commission.

Paradoxically, two-and-a-half years after the issuing of Directive 97/67/EC, the Netherlands have not yet transposed its provisions into national law and still allow TPG undue prominence in relation to the universal service's real requirements.

Thanks to such funding TPG is conducting an expansion strategy, principally in Italy.

The Commission's proposal for a directive is exactly in line with the Dutch Government's objective of liberalising the postal service so as to give its own public-sector operator an advantage, as shown in the document drawn up by the Advisory Committee on Transport, Public Works and Water Supplies for the Secretary of State.

Can the Commission:

- confirm that the above information is true?

- will it explain why it wishes to anticipate stages in the liberalisation process in Italy, when TPG already accounts for one third of the Italian postal market?

- will it explain its reasons for insisting that services which are considered universal and are reserved for public-sector operators in other Member States must be liberalised in Italy?

- does the Commission not believe that such decisions concerning Italy represent an unjustified restriction on the rights of Italian citizens in relation to other European citizens?

- does the Commission intend to open proceedings against the Netherlands in order to recover State aids unfairly paid to the TNT Post Group?

(1) OJ L 15, 21.1.1998, p. 14.

Answer given by Mr Monti on behalf of the Commission

(25 July 2000)

On 11 April 2000, the Commission decided to launch infringement proceedings against Italy for violation of Article 86 (ex Article 90) in connection with Article 82 (ex Article 86) of the EC Treaty. The case concerns the extension of the general letter mail monopoly to include a series of special value-added delivery services provided by private operators in Italy. The Commission decided to launch infringement proceedings after it had received several complaints by small and medium size private operators active in providing value-added postal services in Italy in a system of open competition. The thrust of the current proceedings is to ensure that new or value-added services, previously provided by these small and medium sized Italian operators under a regime of open competition, are not included in the general letter mail monopoly, reserved to only one provider, the incumbent. Needless to say, the Commission, in launching the proceedings, acted in order to safeguard this regime of open competition in Italy and not to further the commercial interests of one particular postal operator.

1. The proceedings against Italy do not aim to anticipate further liberalisation of the Italian postal market but to maintain the competitive marketplace existing in Italy prior to the entry into force of Decree No 261/99. The Commission's investigation into several complaints lodged against Italian Decree No 261/99 reveals that this Decree, far from opening the market for postal services, extends the scope of the postal monopoly in favour of the incumbent. In particular, a series of special, value-added services are included within the scope of the incumbent's general letter mail monopoly. These special services were previously provided by private operators in competition with the incumbent. The value-added special services at issue comprise special features, such as (i) several attempts at delivery, (ii) delivery at several alternative destinations, (iii) tracking and tracing throughout transit, (iv) delivery on special appointment, or (v) keeping and updating of mailing lists. These features are at present not offered by the incumbent.

2. The services at issue do not form part of the universal service or the reserved area in any Member State. This is because under Directive 97/67 of the Parliament and the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service(1), (Recital 21) services that do not form part of the universal service cannot be reserved to the universal service provider. The special services at issue in the proceedings against Italy provide specific added-value characteristics required by banks or insurance companies. Consequently, the value-added services at issue in the proceedings do not form part of the universal service as defined in Directive 97/67. Under the Directive there is no justification for them being reserved to the incumbent operator. Therefore, the proceedings against Italy do not aim to liberalise these services but to maintain the competitive situation in Italy that existed prior to the entry into force of Decree No 261/99.

3. The infringement proceedings in no way harm the rights of Italian citizens to enjoy a universal postal service or disadvantage the Italian consumer as compared to consumers in other Member States. First, the Commission will launch infringement proceedings against any Member State, that envisages an extension of the reserved area comparable to that in Italy. Second, the Commission does not target only Italy and its incumbent. Indeed, it has recently opened antitrust and state aid proceedings against the incumbent operators in several Member States. Third, there is no reason why consumers in those Member States that are involved in infringement proceedings should be disadvantaged as compared to consumers in Member States not involved in such proceedings. To the contrary, far from reducing the amount of postal service available in those Member States, the Commission's proceedings aim to safeguard the widest possible choice for consumers to request new and value-added services from private operators or from the incumbent. Finally, the Commission's intervention in the postal sector has never resulted in a reduction of available services but has resulted in maintaining or increasing competition and consequently the consumer's choice of postal services.

4. As regards the alleged state aid granted by the Netherlands to TPG, the Commission has started an investigation on the subject, by addressing a request for information to the Dutch authorities. The authorities have replied, providing the requested information. The Commission is, at present, analysing the information received. At this stage, the Commission cannot prejudge the outcome of this investigation.

(1) OJ L 15, 21.1.1998.