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
Date: 1997-10-20
Institutions: European Commission
Subjects: competition, postal and telecommunications services, postal service, quality standard, single market

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) 

for 

the 

remuneration 

Whereas 
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 
the  quality  of 
service  achieved; 

to 

to 

for 

the  minimum 

the 
remuneration 
Whereas 
the 
intra-Community 
provision  of 
the 
service,  without 
cross-border  mail 
set  of 
prejudice 
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 
justify 
targets:  whereas 
suitable  systems  providing 
for  an 
appropriate  coverage  of  costs  and 
related  specifically  to  the  quality  of 
service  achieved; 

this  would 

Article 2(13) 

(consequential technical amendment resulting from  Amendment  3) 

universal  service  provider:  a  public  or 
private  entity  designated  by  a  Member 
the  provision  of  a 
State 
universal postal service or parts thereof: 

to  ensure 

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 
provider(s) 
service 
universal 
guarantee(s)  every  working  day  and  not 
less  than  five  days  a  week,  save  in 
circumstances 
geographical 
or 
conditions  deemed  exceptional  by  the 
national 
regulatory  authorities.,  as  a 
minimum: 

They  shall  take  steps  to  ensure  that  the 
provider(s) 
service 
universal 
guarantee(s)  every  working  day  and  not 
less  than  five  days  a  week,  save  in 
circumstances  or geographical  conditions 
the  national 
deemed  exceptional  by 
regulatory authorities, as a  minimum: 

-  one clearance, 

-  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 
to 
authority. 
appropriate  installations. 

delivery 

one 

-  on& door-to-door  delivery  for  every 

natural or legal, person. 

The,  ckc.ùmstaaces  mentioned  above 
he„_ __ ..communicated 
must 
Commission 
ail 
regulatory  authorities. 

to 
national 

and 

to 

the 

Article 4 

(following  Amendment 3) 

shall, 

under 
Each  Member  State 
appropriate.. 
deemed 
procedures 
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. 

and 

shall 

notify 

Each  Member  State  shall  ensure  that 
the provision  of the  universal  service  is 
guaranteed 
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 
with 
Community  law  the  obligations  and 
rights  assigned  XQ  the  universal  service 
provider(s) and shall publish  them. 

accordance 

in 

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 
following 
requirements: 

the 

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

following 

the 

[Remainder of paragraph unchanged] 

[Remainder of paragraph unchanged] 

Article 7(1) 

(following  Amendment 4) 

shall  be 

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) 
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 
fastest 
the  first  weight  step  of 
standard  category  where  such a  category 
exists,  provided  that  they  weigh  less 
than 350 g. 

the 

of 

shall 
be 
transport 

To  the  extent  necessary  to  ensure  the 
maintenance  of  universal  service,  the 
services  which  may  be  reserved  by 
each  Member  State  for  the  universal 
the 
service  provider(s) 
and 
clearance, 
sorting, 
domestic 
items 
delivery 
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, 
less 
provided 
than 350 g. 

they  weigh 

that 

of 

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 
the 
following  principles: 

service  comply  with 

Member  States  shall take  steps to  ensure 
that  the  tariffs  for  each  of  the  services 
forming  pail  of  the  provision  of  the 
universal 
the 
following  principles: 

service  comply  with 

- 

- 

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, 

- 

- 

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. 

- 

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 

Office  for Official  Publications of the European Communities 

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