WRITTEN QUESTION P-2132/00 by Mauro Nobilia (UEN) to the Commission. Infringement proceedings against Italy for failure to transpose Directive 97/67/EC correctly.
Date: 2000-06-21
Institutions: European Parliament, Provisional data
Subjects: Italy, Netherlands, State aid, action for failure to fulfil an obligation, competition law, domestic market, infringement procedure (EU), liberalisation of the market, national implementing measure, postal service, provision of services, universal service

13.3.2001

EN

Official Journal of the European Communities

C 81 E/155

that specialise in (cid:145)passive(cid:146) safety of vehicles. Europe is in the forefront in this field. The measures taken
have to be based on well-established scientific evaluation processes. This work takes time and is not yet
finished. During the discussions the manufacturers have presented a draft commitment concerning the
technical requirements.

As a number of technical issues are unresolved, the Commission has asked its Joint research centre to
contribute to the evaluations. The Commission is willing to continue the full consultation of all interested
parties and to inform the Parliament of the progress of these discussions early in autumn. It will not
compromise with the aim of reducing injuries, but it is necessary to find the best technical solution
reflecting the state of the art of current knowledge.

(1) COM(2000) 125 final.

(2001/C 81 E/199)

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
law and still allow TPG undue prominence in relation to the
transposed its provisions into national
universal service(cid:146)s real requirements.

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

The Commission(cid:146)s proposal for a directive is exactly in line with the Dutch Government(cid:146)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:

(cid:129) confirm that the above information is true?

(cid:129) 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?

(cid:129) 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?

(cid:129) 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?

(cid:129) 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.

C 81 E/156

Official Journal of the European Communities

EN

13.3.2001

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.

The proceedings against Italy do not aim to anticipate further liberalisation of the Italian postal
1.
market but to maintain the competitive marketplace existing in Italy prior to the entry into force of Decree
No 261/99. The Commission(cid:146)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(cid:146)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
(ii) delivery at several alternative
destinations,
(iv) delivery on special appointment,
(iii)
or (v) keeping and updating of mailing lists. These features are at present not offered by the incumbent.

features, such as (i) several attempts at delivery,
tracking and tracing throughout

transit,

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(cid:146)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(cid:146)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(cid:146)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.