Communication from the Commission to the Council - The Universal Postal Union Congress 2004
Date: 2004-05-27
Institutions: European Commission
Subjects: EU law, EU law - national law, Universal Postal Union, enlargement of the Union, the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.05.2004 
COM(2004) 398 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

THE UNIVERSAL POSTAL UNION CONGRESS 2004 

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1. 

INTRODUCTION 

1.1. 

Brief  description  of  the  Universal  Postal  Union  (UPU)  and  its  role  in  the 
provision of international postal services 

1. 

2. 

3. 

The Universal Postal Union, (UPU), is one of the oldest international organisations 
in  the  world.  It  has  189  Member  countries,  including  all  the  EU  Member  States. 
Since 1948 it has been a specialized agency of the United Nations.  

The  aim  of  the  UPU  is  to  secure  the  organization  and  improvement  of  the  postal 
services and to promote the development of international collaboration in this sphere. 
The UPU takes part in postal technical assistance sought by its member countries and 
is  founded  upon  the  principle  of  a  single  postal  territory  amongst  its  member 
countries, where freedom of transit for postal items shall be guaranteed. 

In application of its aim, the UPU has developed a detailed set of rules, namely the 
Universal Postal Convention, as well as special Agreements to regulate international 
mail exchanges and aiming to standardise and facilitate the relevant procedures and 
charges incurred in this transit. 

4. 

Some of the main provisions included in the Universal Postal Convention are: 

–  The right for all users and customers to receive a defined universal postal service, 
as well as the detail of the services that all countries must or may provide for this 
purpose  (e.g.  letters,  parcels,  postcards,  newspapers,  insured  and  recorded 
services, etc), 

–  An obligation to ensure quality of service targets for postal services, 

–  The  obligation  to  ensure  the  freedom  of  transit  of  postal  items,  defined  as  an 
obligation  of  treating  items  forwarded  by  another  postal  administration  in  a  non 
discriminatory manner compared to the way their own items are treated, 

–  Rules concerning the ownership of the postal items, 

–  Rules  on  the  issue  of  postal  stamps,  charges  applied  to  postal  services  and 

exemptions to it, 

–  Rules on customs control, 

–  Rules on the redirection of undeliverable items, 

–  Rules  regarding  handling  of  inquiries  and  complaints  procedures  between  postal 

administrations in respect of undelivered items, 

–  Rules regarding liability of the postal administrations and payment of indemnity, 

–  Rules  regarding  transit  charges  and  terminal  dues,  (I.e.  payment  of  the  costs 
incurred  in  handling  international  postal  items  received  from  another  postal 
administration to a third administration –transit- or final delivery of the item in its 
own country –terminal dues-), 

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–  Rules  intended  to  prevent  the  circumvention  of  charges  with  the  object  of 
profiting from most favourable rate conditions offered in a third country (so called 
anti-remail provisions). 

5. 

6. 

Two  Regulations  (the  Letter  Post  Regulations  and  the  Parcel  Post  Regulations) 
provide  the  regulatory,  technical  and  operational  details  for  the  application  of  the 
Postal Convention.  

Other  than  the  Universal  Postal  Convention,  the  UPU  has  developed  the  Postal 
Payment  Service  Agreement,  as  drawn  by  the  1999  Beijing  UPU  Congress.  The 
Agreement  regulates  the  international  provision  of  financial  services  by  Postal 
Administrations.  

1.2. 

Organisation of the UPU 

7. 

8. 

9. 

10. 

11. 

The  main  bodies  of  the  UPU  are  the  Congress,  the  Council  of  Administration,  the 
Postal Operations Council and the International Bureau. 

The  Congress  of  the  UPU  is  the  supreme  authority  of  the  Union  and  consists  of 
plenipotentiary representatives of its member countries. It meets, in principle, every 
five  years.  The  Congress  exercises  all  the  powers  coming  within  the  scope  of  the 
UPU  which  have  not  been  expressly  entrusted  to  another  body  by  the  Acts  of  the 
Union. These include the power to amend the Constitution of the UPU, the Universal 
Postal  Convention  and  the  Special  agreements.  The  Congress  can  also  adopt 
resolutions,  decisions  recommendations  and  formal  opinions,  which  together  make 
the Decisions of Congress. 

Congress  also  elects  the  Director  General  and  the  Deputy  Director  General  of  the 
UPU,  as  well  as  the  members  of  the  Council  of  Administration  and  of  the  Postal 
Operations Council and it sets the budget ceiling for the following five years. 

The  Council  of  Administration  and  of  the  Postal  Operations  Council  develop  the 
decisions adopted by Congress in their field of competence and can adopt decisions 
in the periods between Congresses. 

The  next  UPU  Congress  will  take  place  from  September  15  to  October  5,  2004  in 
Bucharest, Romania. 

1.3. 

Status of the European Community and Member States in the UPU system 

12. 

13. 

All  Member  States  are  members  of  the  UPU  and  its  main  legal  instrument,  the 
Universal  Postal  Convention.  They  all  are  also  members  of  the  Postal  Payment 
Agreement, with the exception of Estonia and Lithuania.  

The  European  Community  is  not  a  party  to  the  UPU  or  any  of  its  Conventions. 
However, the European Commission, has a “de facto” observer status in most of the 
the  Council  of 
UPU’s 
Administration and the Postal Operations Council and it maintains relations with the 
International Bureau and its Director General on a permanent basis, in application of 
Article 302 of the EC Treaty. 

important  bodies  and  meetings 

the  Congress, 

in 

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2. 

14. 

15. 

16. 

17. 

18. 

19. 

BASIS FOR COMMUNITY INVOLVEMENT  

Several  areas  of  Community  activity  are  or  may  be  concerned  with  the  activities 
developed by the UPU. The EU, therefore, “needs to ensure that measures taken at 
European level are consistent with, and where necessary complemented by, measures 
adopted  at  the  global  level”.  It  is  furthermore  “important  to  ensure  that  the 
Commission  participates  to  the  fullest  extent  possible  in  work  in  the  UN  system 
which concerns issues for which it is responsible within the Union”1. 

The  Community  competence  affected  by  the  UPU  may  vary  between  areas  of 
exclusive  competence  (e.g.  in  case  trade  in  services  could  be  affected),  to  shared 
competence (e.g. in some of the areas covered by the Directive 97/67/EC). The legal 
basis for Community involvement may differ accordingly. 

Article  19  of  the  EU  Treaty  establishes  that  Member  States  shall  coordinate  their 
action in international organisations and at international conferences, and uphold the 
common positions in such forums.  

Article 133 of the EC treaty establishes Community competence in the field of trade 
in services, which includes postal services. 

Article  307  of  the  EC  Treaty  establishes  a  duty  on  Member  States  to  take  all 
appropriate steps to eliminate the incompatibilities between Treaties adopted before 
their accession to the Community. They shall, where necessary, assist each other to 
this end and shall, where appropriate, adopt a common attitude. 

Furthermore, as explained  by the European Court of Justice, “When it appears that 
the  subject-matter  of  an  agreement  or  contract  falls  within  the  competence  of  the 
Community  and  in  part  within  that  of  the  Member  States,  it  is  important  to  ensure 
that  there  is  a  close  association  between  the  institutions  of  the  Community  and  the 
Member  States  both  in  the  process  of  negotiation  and  conclusion  and  in  the 
fulfilment  of  the  obligations  entered  into.  This  duty  of  co-operation,  to  which 
attention  was  drawn  in  the  context  of  the  EAEC  Treaty,  must  also  apply  in  the 
context  of  the  EEC  Treaty  since  it  results  form  the  requirement  of  unity  in  the 
international  representation  of  the  Community”  (Opinion  of  the  Court  of  19  March 
1993. Page I-1601. Point 36). 

20. 

Even if a number of EC polices may be affected by UPU activities in areas such as 
customs policy, development co-operation, transport policy or consumer protection, 
the following policy areas have been identified as being of more direct relevance for 
UPU activities in view of the coming Congress. 

2.1. 

Internal market 

21. 

The main internal market provisions in this area can be found in Directive 97/67/EC 
of  the  European  Parliament  and  of  the  Council  of  15  December  1997  on  common 

1 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  “The  European 
Union and the United Nations: The choice of multilateralism” 10.9.2003, COM (2003) 526 final, page 
22. 

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22. 

23. 

24. 

rules for the development  of  the  internal  market of  Community  postal services and 
the improvement of quality of service (the "Postal Directive").  

On  10  June  2002,  the  European  Parliament  and  the  Council  formally  adopted  the 
Directive 2002/39/EC, which amends the initial Postal Directive by defining further 
steps in the process of gradual and controlled market opening and further limiting the 
scope of reservable services.  

The  purpose  of  the  Postal  Directive  is  to  complete  the  internal  market  for  postal 
services  and  to  ensure,  through  an  appropriate  regulatory  framework,  that  efficient, 
reliable  and  good-quality  postal  services  are  available  throughout  the  European 
Union to all its citizens at affordable prices.  

As  explained  by  its  recital,  number  10,  in  accordance  with  the  principle  of 
subsidiarity,  the  Directive  has  established  a  set  of  “general  principles”  that  leave 
Member States the choice of the exact procedures “which should be free to choose 
the system best adapted to their own circumstances”. 

25. 

These principles and rules are: 

–  To  ensure  a  minimum  harmonised  universal  postal  service  in  the  EU.  The 
universal  service  covers  national  and  cross-border  services,  the  latter  including 
mail  from  or  to  another  Member  States  or  a  third  country.  The  minimum  and 
maximum dimensions of the items included in these services are those adopted by 
the UPU. 

–  To  introduce  gradual  and  controlled  market  opening  to  competition  within  the 
postal sector, while giving the Member States means to ensure that the provision 
of universal service is guaranteed on a lasting basis.  

–  To improve the quality of postal services by setting at Community level common 
quality of service objectives for intra-Community cross-border mail and ensuring 
that  objectives  for  national  mail  are  set  and  publicised  (in  line  with  those  intra-
Community standards), and that performance results are published 

–  To establish the principle that tariffs should be related to costs and to ensure that 
the  financing of  the provision of  universal service is carried out in a transparent 
manner compatible with Community law  

–  To  encourage  harmonisation  of  technical  standards,  taking  users'  interests  into 

account and the harmonisation measures adopted within the UPU. 

–  To ensure that fair conditions of competition exist outside the reserved sector, in 
particular through the creation of national regulatory authorities which are legally 
separate and independent of the postal operators. 

–  To  encourage  and  assist  the  postal  sector  to  adapt  rapidly  and  effectively  to 

technological progress and changes in demand. 

–  To  ensure  that  the  needs  of  users,  the  interests  of  employees  and  the  general 
importance of the postal sector for the economic, cultural and social development 

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and cohesion of the Community (including the special difficulties encountered by 
remote regions) are taken into account when regulating the sector. 

2.2. 

Competition policy 

26. 

27. 

28. 

29. 

The maintenance of effective and not distorted competition is laid down in the Treaty 
as  one  of  the  cornerstones  of  the  Community.  Community  rules  on  competition 
prohibit  restrictive  agreements,  the  abuse  of  a  dominant  position  or  the  creation  or 
strengthening of any such position by mergers, as well as distorting forms of support 
granted  by  Member  States,  to  the  extent  that  they  affect  trade  between  Member 
States. Fair conditions of competition ensure that companies and consumers benefit 
from an efficient provision of postal services.  

Community  law,  whether  directly  enforceable  before  national  courts  or  whether 
enforced by the Commission or National Competition Authorities prevents Member 
States  from  adopting  national  or  international  measures  incompatible  with  EC 
competition rules. Commission notices or individual decisions on competition offer 
guidance to postal operators and to Member States as to their conduct in the market 
and  rules  or  acts  incompatible  therewith.  For  instance,  in  parallel  with  the 
harmonisation measures introduced by the Postal Directive, the Commission issued 
in 1998 a Notice “on the application of the competition rules to the postal sector and 
on the assessment of certain State measures relating to postal services”2. 

This notice sets out the Commission's interpretation of the relevant Treaty provisions 
and the guiding principles according to which the Commission intends to apply the 
competition  rules  of  the  Treaty  to  the  postal  sector  in  individual  cases,  while 
maintaining  the  necessary  safeguards  for  the  provision  of  a  universal  service,  and 
gives to enterprises and Member States clear guidelines so as to avoid infringements 
of the Treaty. 

Moreover,  rulings  from  the  European  Court  of  Justice  also  clarify  the  obligations 
incumbent upon Member States and/or postal operators. For instance, the European 
Court of Justice has had already the opportunity to clarify the extent of compatibility 
of  some  of  the  provisions  of  the  UPU  Convention  (in  particular,  its  anti-remail 
provisions)  with  the  EC  Treaty  competition  provisions  (Judgement  of  the  ECJ  of 
10.2.2000) 

2.3. 

Trade policy. WTO activities and rules in the postal services area 

30. 

31. 

The  WTO  applicable  rules  to  this  area  comprise  essentially  of  the  General 
Agreement  on  Tariff  and  Trade  (GATT)  and  the  General  Agreement  on  Trade  in 
Services (GATS). 

The GATS aims for the progressive liberalisation of trade in services. Article I of the 
GATS defines four modes of such trade: 

(a) 

from the territory of one Member into the territory of any other Member; 

(b) 

in the territory of one Member to the service consumer of any other Member;  

2 

OJ C 39 of 6.2.98, p.2 

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by  a  service  supplier  of  one  Member,  through  commercial  presence  in  the 

(c) 
territory of any other Member;  

by a service supplier of one Member, through [temporary] presence of natural 

(d) 
persons of a Member in the territory of any other Member.  

31.1.  Article  II  of  the  GATS  establishes  the  principle  of  the  'Most  Favoured-Nation 
Treatment': 'each Member shall accord immediately and unconditionally to services 
and suppliers of any other Member treatment no less favourable than that it accords 
to like services and service suppliers of any other country.' 

32. 

33. 

34. 

3. 

35. 

36. 

37. 

38. 

The  GATT's  basic  principles  are  tariff  disciplines,  the  prohibition  of  non-tariff 
restrictions (ArticleXI.I), the most favoured nation obligation, (Article I) and national 
treatment (Article III). 

All  Member  States  of  the  European  Union  are  signatories  of  the  WTO,  the  GATT 
and the GATS. 

In  the  GATS  negotiations  undertaken  in  the  framework  of  the  Doha  Round,  the 
Commission  has  made  a  conditional  initial  offer  in  market  access  and  national 
treatment  on  postal  and  courier  services  and  is  working  with  partners  at  the  WTO 
towards  increasing  the  number  of  commitments  in  the  sector.  Other  areas  of 
discussion  include  a  new  classification  for  postal  and  courier  services  and  possible 
additional commitments (reference paper). 

IMPLICATIONS FOR THE COMING UPU CONGRESS IN BUCHAREST 

The last UPU Congress was held in Beijing in 1999. At that time the Postal Directive 
had just entered into force and its principles inspired some of the rules introduced in 
the  decisions  that  were  adopted  in  Congress  (e.g.  the  definition  of  the  universal 
service).  To  some  extent,  Member  States  coordinated  their  positions  with  the 
assistance of the European Commission during Congress. 

At the Beijing Conference a Declaration (Declaration VIII) on signature of the Acts 
was  made  by  the  delegations  of  the  member  countries  of  the  European  Union, 
declaring  that  their  countries  “will  apply  the  Acts  adopted  by  this  Congress  in 
accordance  with  their  obligations  pursuant  to  the  Treaty  establishing  the  European 
Union and the General Agreement on Trade in Services (GATS) of the World Trade 
Organization”. 

Since the last Congress the Postal Directive has been transposed in all Member States 
and has been, or currently is being transposed by the new EU Members.  

The Postal Directive introduced a set of general and minimum rules some of which 
fall within the scope of the existing provisions established in the UPU Constitution 
and  the  Universal  Postal  Convention.  Examples  include  the  definition  of  universal 
postal  service,  (which  includes  both  domestic  and  international  services),  tariff  and 
terminal  dues  principles,  quality  of  services  objectives,  complaint  procedures  for 
users, technical standardisation, and independent regulation.  

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39. 

40. 

41. 

42. 

4. 

43. 

44. 

45. 

46. 

Further,  the  Directive  has  introduced  a  regulatory  model  that  creates  a  balance 
between the long-term safeguarding of the universal postal service and the provision 
of postal services, including universal services, in a competitive market. This model 
is explained in the Directive’s recitals and in some of its provisions. 

In  this  respect,  achieving  a  wider  compatibility  of  the  principles  and  practices  that 
prevail  in  the  rules  and  work  of  the  UPU  with  the  principles  and  practices  that 
underpin the Community framework should be part of the Community’s and Member 
State’s  negotiating  positions. Moreover, the promotion of some of the principles of 
Community’s  model  of  regulation  in  the  international  regulatory  model  could 
eventually reinforce the effectiveness of international postal services throughout the 
world and help the Community’s position in future GATS negotiations. 

It is, therefore, necessary to ensure that the rules and the positions taken by Member 
States  in  the  coming  UPU  Congress  are  compatible,  complementary  and  coherent 
with  EC  Legislation  in  particular  with  that  included  in  Directive  97/67/EC,  as 
amended. 

The  UPU  Convention  is  in  principle  not  aimed  at  regulating  the  trade  of  postal 
services, the liberalization of the sector or competition policy. There are, however, a 
number of areas where an overlap may occur. It is, therefore, appropriate that UPU, 
on  the  one  hand,  and  WTO/GATS  and  EC  competition  rules,  on  the  other  hand, 
remain  compatible,  as  far  as  possible.  Therefore,  the  principles  of  the  WTO  and 
GATS and EC competition policy should be also reflected during the negotiations in 
Congress in order to avoid contradictions between the two sets of rules. 

COMMON EU POSITION IN VIEW OF THE COMING NEGOTIATIONS  

An effective revision of the UPU Constitution and Universal Postal Convention will 
reinforce  international  co-operation  in  the  field  of  international  postal  services  and 
could be an occasion for the modernisation of that co-operation framework. 

The 2004 UPU Congress is expected to aim at a major reform of the organisation. A 
list of main expected issues for discussion is attached in Annex.  

It is in the interest of the Community and Member States that the negotiation process 
reflects  their  common  views  on  the  postal  sector  and,  therefore,  that  the  Member 
States  and  the  Commission  work  in  co-operation  and  co-ordination  to  that  end,  in 
particular in the areas covered by the Postal Directive and other EC Law provisions. 

In  this  respect,  the  Commission  believes  that  a  number  of  principles  should  be 
actively maintained by Member States in the negotiations for the coming Congress of 
the Universal Postal Union in September 2004. 

(1) 

The principle of independent regulation, which includes a separation between 
regulatory duties and postal operations in the state functions, both legal and 
operational. Furthermore, public ownership of an operator should not conflict 
with the State duty to regulate the provision of universal services and ensure 
fair competition in the market when this exists. 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

The  UPU  framework  should  mention  and  incorporate  in  its  operation  the 
possibility  for  Members  to  open  to  competition  the  provision  of  postal 
services and universal postal services (including international services).  

The  quality  of  postal  services  and  its  improvement,  taking  into  account  the 
needs  of  users  and  the  economic  provision  of  the  services,  should  be 
fundamental to the regulation of international postal services. 

The  UPU  framework  should  reflect  the  market  reality  where  postal  services 
are  increasingly  being  provided  by  organisations  legally  separate  from  the 
administration,  sometimes  on  a  commercial  basis  and  through  commercial 
organisations. 

The  principle  that  domestic  postal  tariffs  and  terminal  dues  must  reflect  the 
cost of provision of the service and that the levels of remuneration are related 
to the quality of service achieved and are transparent and non-discriminatory. 
A  reasonable  and  fixed  transitory  period,  taking  into  account  particular 
circumstances, may be introduced in the application of this principle. 

Users must be given an increasing role in the development of the regulatory 
framework  to  develop  and  ensure  the  quality  provision  of  universal  postal 
services. 

the  existence  of  multiple 
Standardisation  work  should  accommodate 
operators and the participation of these operators, users and customers in its 
development, whenever appropriate. Work in this area should continue to be 
coordinated with other standardisation bodies. 

47. 

48. 

Furthermore,  Member  State’s  should  ensure,  in  close  cooperation  with  the 
Commission and in the most appropriate manner, that the obligations pursuant to the 
Treaty  establishing  the  European  Union  and  the  General  Agreement  on  Trade  in 
Services (GATS) of the World Trade Organization are respected. 

A  number  of  preparatory  measures  have  already been taken  in order  to co-ordinate 
the  negotiating  positions  of  Member  States,  at  the  coming  Congress.  These  have 
originated  in  the  European  Committee  for  Postal  Regulation  (CERP)  and  the 
Association of European Public Postal Operators (Posteurop), with the participation 
of the European Commission. These initiatives should be welcomed as a first step on 
the coordination of a Community position. 

5. 

CONCLUSION  

49. 

As  some  of  the  areas  covered  in  the  UPU  framework  fall  within  the  scope  of 
Community  legislation,  Member  States  must  play  an  active  and  leading  role  in  the 
revision process to obtain a conclusion in accordance with the Community acquis, in 
coordination with the Commission. 

50. 

In  particular,  Member  States  should  ensure,  in  close  cooperation  with  the 
Commission  that  they  do  not  undertake  commitments  which  would  be  contrary  to 

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51. 

52. 

53. 

their  obligations  arising  from  trade  agreements  or  from  existing  Community 
legislation on the free provision of postal services and competition.  

Member States will coordinate among themselves and with the Commission so that 
the Community point of view is considered in the preliminary technical drafts, and 
its opinion is taken fully into account while agreeing the negotiating procedure of the 
Congress.  

The  Commission  will  pursue  with  Candidate  and  EEA  countries  a  consistent  and 
coherent approach in the negotiating process. 

The  Commission  invites  the  Council  to  endorse  these  conclusions  and  support  the 
Commission  in  their  implementation  in  coordination  with  the  Council  and  its 
Presidency. For this purpose a draft Council Resolution is attached. 

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ANNEX 

MAIN ISSUES OF THE 23 rd UNIVERSAL POSTAL UNION CONGRESS, 

BUCHAREST 2004 

Issue 

Background 

Regulatory duties 

Wider representation of postal industry 

Terminal Dues Settlement system 

Relation to WTO/ GATS  

Postal Security  

Postal Development Cooperation  

Clear 
and 
separation  between  operators 
regulators  ‘roles  and  powers  should  be  ensured 
at the level of the UPU,  

To  reflect  the  reality  of  today’s  postal  market, 
the creation of a Consultative Committee should 
be approved at the Congress. A greater role and 
representation  of  this  Committee  should  be  the 
driving forces for defining its responsibilities 

is 

to  evolve 

through  a 
Current  system 
“Convergence  proposal”  to  have  a  cost  based 
and  quality  linked  terminal  dues  remuneration, 
based  on  a  prior  classification  of  countries 
(Industrialised  or  Developing  Countries  or  not- 
IC/  DC).  System  should  also  be  coherent  with 
WTO 
non 
discriminatory.  A  transition  period  may  be 
necessary. 

transparent 

rules, 

and 

be 

(NB:  part  of  payments  from  ICs  to  DCs  are 
made  in  the  form  of  specific  quality  of  service 
improvement projects). 

Relation  between  certain  aspects  of  UPU  rules 
(terminal  dues,  extraterritorial  offices  of 
exchange, etc) and WTO rules. 

The size and scope of the postal network makes 
it  a  prime  target  for  criminal  activities  which 
could,  if  left  unaddressed,  negatively  affect 
quality of postal service and users’ trust 

to  convert  Posts 

Postal reform and quality developments are key 
from  protected 
issues 
government  organizations 
into  competitive, 
businesses.  The  UPU 
customer-oriented 
supports 
through  Technical 
Cooperation  policies  and  developing  investor’s 
awareness (World Bank…). The EU position in 
the 
take 
this 
Communication  from  the  Commission  to  the 

account  of 

should 

effort 

area 

this 

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Customs 

Air Transport 

Financial Services 

Parcels 

Express services (EMS) 

New technologies 

Environment 

Council  and  the  European  Parliament  –  “The 
Reform 
in 
Developing  Countries  with  focus  on  public 
utilities: the Need to Assess All the Options”3 

of  State-Owned  Enterprises 

Posts and customs authorities (WCO) cooperate 
at  both  national  and  international  levels  to 
implement an appropriate regulatory framework 

Necessary  cooperation  with  the  airline  industry 
(IATA) to ensure rapid and qualitative treatment 
of international mail  

Promoting  development  of  postal  financial 
services 

Raising 
the 
international postal parcel 

image  and  profile  of 

the 

The  EMS  Cooperative  assists  members 
improve their EMS service 

to 

The Telematics Cooperative with its operational 
body  Postal  Technology  Centre  (PTC)  help 
Posts  to  keep  on  top  of  this  technological 
change.  

Promotion  of  environmental  friendly  processes 
for the postal industry 

3 

COM(2003) 326 final 

EN 

12 

   EN 

 
                                                 
ANNEX II 

DRAFT 

COUNCIL RESOLUTION OF [….] 2004 

on the Communication of the European Commission ‘The Universal Postal Union 
Congress 2004’ 

THE COUNCIL OF THE EUROPEAN UNION 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

ACKNOWLEDGING  the  importance  of  Community  and  international  postal 
services,  as  essential  instruments  of  communication  and  trade,  for  economic  and 
social cohesion. 

RECALLING, the applicability of the EC Treaty to postal services and in particular 
of the rules and general principles contained in Directive 97/67/EC, as amended. 

NOTING that the Universal Postal Union Congress will take place from September 
15 to October 5, 2004 in Bucharest, Romania;  

UNDERLINES that an effective revision of the Universal Postal Union Constitution 
and  the  Universal  Postal  Convention  in  the  coming  Congress  will  reinforce 
international co-operation in the field of international postal services and could be an 
occasion for the modernisation of that co-operation framework. 

WELCOMES  the  Commission  Communication  on  the  Universal  Postal  Union 
Congress 2004; 

EMPHASIZES  the  need  to  address  questions  raised  in  this  document,  so  as  to 
promote the long-term interests of the Union. 

WELCOMES  the  on-going  coordination  process  launched  by  the  European 
Committee  for  Postal  Regulation  (CERP)  and  the  Association  of  European  Public 
Postal  Operators  (Posteurop)  in  order  to  take  into  consideration  the  different 
positions of Member States, Candidate and EEA countries and its public operators in 
view of the coming negotiations; 

INVITES Member States to take part in the negotiations for its amendment, playing 
an  active  and  leading  role  in  the  revision  process  to  obtain  a  conclusion  in 
accordance with the Community acquis, in close coordination with the Commission;  

UNDERLINES  that,  in  particular,  Member  States  should  ensure,  in  close 
coordination  with  the  Commission,  that  they  do  not  undertake  commitments  which 
would be contrary to their obligations arising from trade agreements or from existing 
Community legislation on the free provision of postal services and on competition.; 

EMPHASISES that Member States should closely coordinate among themselves and 
the  Commission  so  that  the  Community  point  of  view  is  considered  in  the 
preliminary technical drafts, and its opinion is taken into account while agreeing the 
negotiating procedure of the Congress; 

10. 

INVITES the Commission to pursue with Candidate and EEA countries a consistent 
and coherent approach in the negotiating process. 

EN 

13 

   EN