Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 97/67 EC with regard to the further opening to competition of Community postal services amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2002-04-29
Institutions: European Commission
Subjects: competition, harmonisation of standards, postal service, quality standard, single market

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.04.2002
COM(2002) 217 final

2000/0139 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 97/67 EC with regard to the further opening to competition of
Community postal services

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2000/0139 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 97/67 EC with regard to the further opening to competition of
Community postal services

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  3  amendments  proposed  by
Parliament.

2.

BACKGROUND

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On  30  May  2000  the  Commission  adopted  a  Proposal  for  a  European
Parliament and Council Directive amending Directive 97/67 EC concerning the
further  opening  to  competition  of  Community  postal  services1.  The  Proposal
was submitted to the European Parliament and Council on 14 July 2000.

At its 377th plenary session on 29 November 20002, the Economic and Social
Committee delivered its opinion on the proposal;

At  its  36th  plenary  session  on  4  December  20003,  the  Committee  of  the
Regions delivered its opinion on the proposal;

The  European  Parliament  adopted  a  legislative  resolution4  embodying  its
opinion on the Commission’s proposal at its plenary session on 14 December
2000;

On 21 March 2001, the Commission adopted an amended proposal5 in the light
of the positions of the Parliament, the Economic and Social Committee and the
Committee of Regions;

1 COM(2000) 319 final, OJ C337, 28.11.2000
2 OJ C 116 , 20/04/2001 P. 0099 - 0105
3 OJ C 144, 16.5.2001, p20
4 OJ C 232, 17.8.2001, p244, 287
5 COM(2001) 109 final, OJ C 180 E , 26/06/2001 P. 0291 - 0300

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On  6  December  2001,  the  Council  adopted  the  common  position6  (qualified
majority) which is the subject of this communication;

On  10  December  2001,  the  Commission  adopted  its  communication  to  the
European Parliament7 on the Council’s common position;

On  13  March  2002,  the  European  Parliament  voted  on  second  reading  3
amendments to the common position8.

3.

PURPOSE OF THE PROPOSAL

The  Directive  aims  to  fulfil  the  mandate  of  Directive  97/67  EC  to  provide  for  a  further
gradual and controlled liberalisation of postal services, to take effect from 1 January 2003 and
to set out a timetable for further opening. It also proposes to resolve various ancillary issues
relating to the smooth functioning of the Internal Market in postal services.

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

4.1.

Amendments accepted by the Commission

On second reading the European Parliament adopted 3 amendments to the Council’s common
position.

For the reasons set out below, the Commission is able to accept these amendments.

Amendment  1  introduces  in  a  new  Recital  the  requirement  for  the  Commission  to  regularly
submit reports to the EP and Council on the application of the Directive. This amendment is
acceptable as it will allow both the European Parliament and the Council to be kept informed
of the evolution of the sector within the existing framework (I.e. extending existing provisions
of the 97/67 EC Directive in Recital 40).

Amendment  2  introduces  drafting  modifications  to  the  new  Article  7(1)  of  the  Directive
aiming  at  ensuring  better  compliance  with  drafting  of  existing  Article  7  of  the  97/67  EC
Directive  and  avoiding  reference  to  non-defined  terms  (“standard  mail”).  The  concern  of
better aligning drafting with existing Art. 7 and avoiding non-defined terms (“standard mail”)
as well as the drafting of the related amendment are acceptable.

Amendment  3  introduces  amendments  to  Article  23  of  the  97/67  EC  Directive  in  order  to
provide  for  the  Commission  to  submit  reports  on  the  application  of  the  Directive  to  the  EP
and  Council  every  2  years  (on  the  first  occasion  no  later  than  31  December  2004),
accompanied  where  appropriate  by  proposals  to  the  EP  and  Council.  This  amendment  is
acceptable as it will allow both the European Parliament and the Council to be kept informed
of the evolution of the sector within the existing framework (I.e. extending existing provisions
of the 97/67 EC Directive in Art. 23 and related Recital 40).

6 CSL 14091/1/2001
7 SEC(2001) 1961 final
8 A5-0058/2002

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4.2.

Amendments rejected by the Commission

None.

5.

CONCLUSION

The Commission therefore accepts all the amendments voted by the European Parliament on
second reading.

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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