Opinion of the Committee of the Regions on Community postal services
Date: 2007-06-06
Institutions: European Committee of the Regions
Subjects: competition policy, liberalisation of the market, postal service, universal service

24.8.2007

EN

Official Journal of the European Union

C 197/37

Opinion of the Committee of the Regions on Community postal services

(2007/C 197/07)

THE COMMITTEE OF THE REGIONS

— is of the view that the timetable for the accomplishment of the postal internal market by 2009 as
proposed in the Directive 2002/39 of the European Parliament and of the Council of 10 June 2002
amending Directive 97/67/EC with regard to the further opening to competition of Community
postal services should be postponed to 31 December 2010 and also allow for a transitional period
issues behind the options
until 2012 for those Member States that deem it necessary. The legal
presented for the financing of the universal service obligations have to be clarified in advance by the
Commission; in its next report, and by 31 December 2010 at the latest, the Commission, following a
broad consultation of stakeholders and appropriate studies, will evaluate the effectiveness of the finan-
cing methods proposed in the Directive and whether or not the scope of the universal service is able
to meet customer needs;

— believes that the postal network as a whole, including franchised postal outlets, could provide not
only postal services but also act as a platform to provide other public services; this would make it
possible to meet common needs in rural mountain or remote areas, providing electronic access to
essential services;

— notes that new entrants have created new jobs in liberated markets, and,

in industries
dependent on the postal sector; however, with the liberalisation of the mail market, the postal sector,
previously regulated by social guarantees on employment and income, runs the risk of providing less
job security and lower wages.

indirectly,

C 197/38

EN

Official Journal of the European Union

24.8.2007

I. Policy recommendations

Proposal for a Directive of the European Parliament and of the
Council amending Directive 97/67/EC concerning the full
accomplishment of the internal market of Community postal
services

COM(2006) 594 final — 2006/0196 (COD)

THE COMMITTEE OF THE REGIONS

1.
to all
believes that good postal services are essential
economic and social activities and a vital part of communication
within the EU;

stresses the key role played by postal services, and in par-
2.
ticular the universal service provisions ensuring the availability
of high-quality, reliable and affordable postal services irrespec-
tive of geographical or financial conditions, in the territorial and
social cohesion of the European Union;

3.
stresses its support and commitment to the completion of
the single European market through a regulated liberalisation of
the postal market ensuring a durable guarantee of the provision
of universal service;

4.
is of the view that the timetable for the accomplishment
of the postal internal market by 2009 as proposed in the Direc-
tive 2002/39 of the European Parliament and of the Council of
10 June 2002 amending Directive 97/67/EC with regard to the
further opening to competition of Community postal services
should be postponed to 31 December 2010 and also allow for
a transitional period until 2012 for those Member States that
deem it necessary. The legal issues behind the options presented
for the financing of the universal service obligations have to be
clarified in advance by the Commission; in its next report, and
by 31 December 2010 at the latest, the Commission, following
a broad consultation of stakeholders and appropriate studies,
will
financing methods
proposed in the Directive and whether or not the scope of the
universal service is able to meet customer needs;

effectiveness of

evaluate

the

the

considers that European and national regulation of postal
5.
operations has to consist of regulations ensuring universal
services for consumers while guaranteeing postal undertakings a
possibility to operate flexibly to serve the changing markets and
customer needs;

social inclusion. Consumers and small businesses in remote and
excluded urban areas,
in particular rely on postal services.
However, at
the same time, new modern technology has
brought new ways of transmitting messages and the scope of
universal service required should take account of this;

7.
draws attention to the substitution of traditional postal
items by new forms of communication which is taking place in
several Member States. This has led to major reductions in mail
volumes for postal operators which needs to be taken into
account when defining the scope and means of financing the
universal service obligation;

8.
recommends that more attention should be given to
potential job losses in the process of liberalisation, even though
new competitors entering the market, could, in addition, also
provide significant avenue for employment opportunities;

that

suggests

9.
the Member States and the European
Commission further examine the possibilities for introducing
retraining programmes for current postal operator employees
who may become redundant when the monopolies face compe-
tition from new entrants to the market;

indirectly,

notes that new entrants have created new jobs in liber-
10.
in industries dependent on the
ated markets, and,
postal sector; however, with the liberalisation of
the mail
market, the postal sector, previously regulated by social guaran-
tees on employment and income, runs the risk of providing less
job security and lower wages;

11.
requests that the Member States and the Commission
examine the opportunities arising from franchising the postal
outlet network as has been done in some Nordic countries with
very positive results. In these countries a franchised postal outlet
in combination with another business has proven to be a very
customer-friendly way to offer postal services.

believes that the postal network as a whole,

12.
including
franchised postal outlets, could provide not only postal services
but also act as a platform to provide other public services; this
would make it possible to meet common needs in rural moun-
tain or remote areas, providing electronic access to essential
services;

6.
agrees that the impact of globalisation, market demands
for a high-quality service and technological advances means that
the postal services industry is facing rapid change. The CoR
a high-quality, modern and technologically
stresses
advanced universal postal service is a prerequisite for
the
completion of the Single Market, future economic growth and

that

13.
notes that it remains unclear whether the information
referred to in Article 6 on the information to be published on
universal service refers to the special characteristics of universal
service determined by the authorities or the terms of service for
the universal service operator. The Article should be modified
so that it clearly states what parties can be subject to measures
by the Member States;

24.8.2007

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Official Journal of the European Union

C 197/39

14.
notes that the Directive does introduce alternatives in the
new Article 7 to include public compensation through direct
state subsidies or, indirect, financing through the use of public
procurement procedures;

19.
considers it especially important that the pricing princi-
ples of universal service comply with Article 12 and that they
are regulated sufficiently clearly and unambiguously;

requests further clarification on the financing alternatives

15.
proposed in Article 7;

— considers in general that the Commission's proposals for
financing options have not been analysed in terms of feasi-
bility or effectiveness

— underlines that the efficiency of a compensation fund has
not been empirically proven in any country of the world

— stresses that the financing of universal service obligations
through state aid is difficult to rely on in a general context
of public budget restrictions. Liberalisation of
the postal
market should not lead to public authorities alone having to
cover the costs of provision in disadvantaged regions (for
example, mountain areas or thinly populated areas) whilst
private companies are left to reap the benefits. An additional
difficulty would be ensuring compliance of state payments
with the criteria for compensation set in the Altmark case
(Case C-280/00 Altmark Trans);

considers that Article 9 does not sufficiently take into
16.
account the different circumstances in the different Member
States and that this limits alternative solutions. The CoR there-
fore suggests that the directive should allow for different licen-
sing and authorisation procedures to be combined and co-ordi-
nated by taking into account the local circumstances of each
Member State;

17.
considers that the security and operational certainty of
an undertaking designated as a universal service provider should
not be subject
to higher requirements than those generally
directed at postal undertakings. If stricter terms are set for a
universal service provider, this will result in additional costs;

it

agrees that

in a fully competitive environment,

18.
is
important, both for the financial equilibrium of the universal
service as well as for limiting market distortions, that the prin-
ciple that prices reflect normal commercial conditions and costs
is only departed from in order to protect or promote public
service obligations defined in the relevant national
legal acts.
This underlines the fact that Member States should, if possible,
maintain uniform tariffs for single piece tariff mail, the service
in
most frequently used by consumers and small businesses;
addition, these principles should not prevent universal service
providers from voluntarily applying uniform tariffs to universal
services;

20.
recommends a clarification as to what is meant by the
cost-orientation of prices and the fact that prices have to encou-
rage the attainment of efficiency benefits. The Directive and its
Preamble should, furthermore, expressly note that the pricing
requirements relating to universal service should not oblige
postal undertakings to lower their prices simply because an
increased efficiency has led to more profitable operations;

21.
considers it especially important that the requirements
for the reasonableness and cost-orientation of the prices of the
universal service are sufficiently clearly regulated so that they
will not be used as a tool of price control but understood in the
perspective of competition-law principles;

considers that the pricing of services other than universal

22.
service should not be subject to direct regulation;

is more

notes that Article 14 (2) dealing with the proposed cost-
23.
accounting
regulation,
because there is no need to differentiate universal service in
book-keeping or cost accounting if the postal undertaking does
not receive external financing for the provision of the universal
service;

uniform than

present

considers that the Directive should clearly indicate the
24.
principle that a postal undertaking is not
responsible for
differentiating the costs of universal service if the Member State
has not introduced a financing system for universal service or if
universal service is left to be handled by market forces;

considers unnecessary the principle in Article 14 (8), that
25.
a national regulatory authority could use its discretion in the
application of Article 14, for example to set an obligation to
differentiate cost-accounting; and considers also that the discre-
to apply the
tion of
requirements of Article 14 should be removed.
Instead, the
paragraph should make clear that the requirement to differen-
tiate cost-accounting shall not be applied if a Member State has
not created a financing mechanism complying with Article 7 or
if no provider of universal service has been designated;

the national regulatory authority not

considers it essential for the cost of universal service to
26.
be allocated and taken into account when the undertaking desig-
nated to provide universal service is one that is bound to apply
cost-oriented pricing;

C 197/40

EN

Official Journal of the European Union

24.8.2007

II. Recommendations for amendments

Amendment 1

Recital 12 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

it will

(12) Complete market-opening will help to expand the
overall size of
further
the postal markets;
contribute to maintaining sustainable and quality
employment within universal service providers as well
as facilitating the creation of new jobs in other opera-
tors, new entrants and associated economic activities.
The present Directive is without prejudice to the
competence of Member States to regulate employment
conditions in the postal services sector.

it will

(12) Complete market-opening will help to expand the
overall size of
further
the postal markets;
contribute to maintaining sustainable and quality
employment within universal service providers as well
as facilitating the creation of new jobs in other opera-
tors, new entrants and associated economic activities.
The present Directive is without prejudice to the
competence of Member States to regulate employment
conditions in the postal services sector.

Reason

The impact of a complete market-opening cannot be predicted in a legislative proposal by the European
Commission. The second sentence of that recital is however a clear legal statement.

Amendment 2

Recital 17 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

(17) In the light of the studies carried out and with a view
to unlocking the full potential of the internal market
for postal services, it is appropriate to end the use of
the reserved area and special rights as a way of
ensuring the financing of the universal service.

(17) In the light of the studies carried out and with a view
to financing the universal service in a sustainable and
secure way, while also unlocking the full potential of
it is appro-
the internal market for postal services,
priate to retain the option of end the use of
the
reserved area and special rights as a way of ensuring
the financing of
the universal
those
Member States who deem it necessary. However, this
should only be possible for a transitional period
limited to 2012.

service for

Amendment 3

Recital 24 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

(24) In a fully competitive environment,

it is important,
the universal
both for the financial equilibrium of
service as well as for limiting market distortions, that
the principle that prices reflect normal commercial
conditions and costs is only departed from in order
to protect public interests. This objective is achieved
by continuing to allow Member States to maintain
uniform tariffs for single piece tariff mail, the service
most frequently used by consumers and small and
medium size enterprises.
Individual Member States
may also maintain uniform tariffs for some other mail
items to protect general public interest reasons, such
as access to culture, regional and social cohesion.

is important

the universal service. Thus it

(24) In a fully more highly competitive environment, it is
important, both for the financial equilibrium of the
universal service as well as for limiting market distor-
tions,
that universal service providers are allowed
enough price flexibility to ensure the financial viability
of
to
ensure, with regard to the tariffs set by Member
States, that the principle that prices reflect normal
commercial conditions and costs is only departed
from in order to protect public interests. This objec-
tive is achieved by continuing to allow Member States
to maintain uniform tariffs for single piece tariff mail,
the service most frequently used by consumers and
small and medium size enterprises. Individual Member
States may also maintain uniform tariffs for some
other mail
items to protect general public interest
reasons, such as access to culture, regional and social
cohesion. The principle of gearing prices to costs does
not prevent service providers from applying uniform
tariffs to universal services.

24.8.2007

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Official Journal of the European Union

C 197/41

Reason

The consequences of pursuing increasing liberalisation for the tariff principles applicable to universal service
providers should be examined. Sufficient flexibility should be built in to allow the universal service provider
to deal with competition and adapt to market demand.

Amendment 4

Article 3 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

1. Member States shall ensure that users enjoy the right to
a universal service involving the permanent provision of
a postal service of specified quality at all points in their
territory at affordable prices for all users.

2. To this end, Member States shall take steps to ensure
that the density of the points of contact and of the
access points takes account of the needs of users.

3. They shall take steps to ensure that the universal service
is guaranteed every working day and not less than five
days a week, save in circumstances or geographical
conditions deemed exceptional by the national regula-
tory authorities, and that it includes as a minimum:
— one clearance,
— one delivery to the home or premises of every
natural or legal person or, by way of derogation,
under conditions at the discretion of the national
regulatory authority, one delivery to appropriate
installations.

Any exception or derogation granted by a national regu-
latory authority in accordance with this paragraph must
be communicated to the Commission and to all national
regulatory authorities.

4. Each Member State shall adopt the measures necessary
the
the universal

to ensure that
following minimum facilities:
— the clearance, sorting, transport and distribution of

includes

service

postal items up to two kilograms,

— the clearance, sorting, transport and distribution of

postal packages up to 10 kilograms,

— services for registered items and insured items.

5. The national regulatory authorities may increase the
weight
limit of universal service coverage for postal
packages to any weight not exceeding 20 kilograms and
may lay down special arrangements for the door-to-
door delivery of such packages.
Notwithstanding the weight limit of universal service
coverage for postal packages established by a given
Member State, Member States shall ensure that postal
packages
received from other Member States and
weighing up to 20 kilograms are delivered within their
territories.

1. Member States shall ensure that usersenjoy the right to a
universal service involving the permanent provision of a
postal service of specified quality at all points in their
territory, taking into account in particular the specific
needs of rural and upland areas, at affordable prices for
all users.

2. To this end, Member States shall take steps to ensure
that the density of the points of contact and of the
access points takes account of the needs of users, parti-
cularly those who live in rural and upland areas.

3. They shall take steps to ensure that the universal service
is guaranteed every working day and not less than five
days a week, save in circumstances or geographical
conditions deemed exceptional by the national regula-
tory authorities, and that it includes as a minimum:
— one clearance,
— one delivery to the home or premises of every
natural or legal person or, by way of derogation,
under conditions at the discretion of the national
regulatory authority, one delivery to appropriate
installations.

Any exception or derogation granted by a national regu-
latory authority in accordance with this paragraph must
be communicated to the Commission and to all national
regulatory authorities.

4. Each Member State shall adopt the measures necessary
the
the universal

to ensure
that
following minimum facilities:
— the clearance, sorting, transport and distribution of

includes

service

postal items up to two kilograms,

— the clearance, sorting, transport and distribution of

postal packages up to 10 kilograms,

— services for registered items and insured items.

5. The national regulatory authorities may increase the
weight
limit of universal service coverage for postal
packages to any weight not exceeding 20 kilograms and
may lay down special arrangements for the door-to-door
delivery of such packages.
Notwithstanding the weight limit of universal service
coverage for postal packages established by a given
Member State, Member States shall ensure that postal
packages
received from other Member States and
weighing up to 20 kilograms are delivered within their
territories.

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Official Journal of the European Union

24.8.2007

Amendment 5

Article 4.2 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

2. Member States may choose to designate one or more
undertakings as universal service providers for a part or
all of the national territory and for different elements of
universal service. When they do so, they shall determine
in accordance with Community law the obligations and
rights assigned to them and shall publish these obliga-
tions and rights. In particular Member States shall take
measures to ensure that the conditions under which
universal services are entrusted are based on objective,
non–discriminatory, proportionate and least market
distortion principles, and that the designation of under-
takings as universal service providers is limited in time.
Member States shall notify the identity of the universal
service provider(s) they designate to the Commission.

2. Member States may choose to designate one or more
undertakings as universal service providers for a part or
all of the national territory and for different elements of
universal service if they find it necessary in order to
guarantee the universal service. When they do so, they
shall determine in accordance with Community law the
obligations and rights assigned to them and shall
In particular
publish these obligations and rights.
Member States shall take measures to ensure that the
conditions under which universal services are entrusted
are based on objective, non–discriminatory, propor-
tionate and least market distortion principles, and that
the designation of undertakings as universal service
providers is limited in time. Member States shall notify
the identity of
they
designate to the Commission.

the universal service provider(s)

Reason

To clarify that Member States no longer necessarily need to designate a universal service provider if it is
determined that the market forces will guarantee the universal service.

Amendment 6

Article 7 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

1. With effect from 1 January 2009 Member States shall
not grant or maintain in force exclusive or special rights
for
the establishment and the provision of postal
services. Member States may finance the provision of
universal services in accordance with one or more of
the means provided for in paragraphs 2, 3 and 4, or in
accordance with any other means compatible with the
EC Treaty.

1. With effect

from 1 January 2009 31 December
2010Member States shall not grant or maintain in force
exclusive or special rights for the establishment and the
provision of postal services. Member States may finance
the provision of universal services in accordance with
one or more of the means provided for in paragraphs 2,
3 and 4, or in accordance with any other means compa-
tible with the EC Treaty.

2. Member States may ensure the provision of universal
services by procuring such services in accordance with
applicable public procurement rules.

3. Where a Member State determines that the universal
service obligations, as provided for by this Directive,
entail a net cost and represent an unfair financial
burden for the universal service provider(s), it may:
(a) Introduce a mechanism to compensate the under-

taking(s) concerned from public funds;

(b) Share the net cost of universal service obligations

between providers of services and/or users.

4. Where the net cost is shared under paragraph 3(b),
Member States may establish a compensation fund
which may be funded by service providers' and/or users'
fees, and is administered for this purpose by a body
independent of the beneficiary or beneficiaries. Member
States may make the granting of authorisations to
service providers under Article 9(2) subject to an obliga-
tion to make a financial contribution to that fund or to
comply with universal service obligations. Only those
services set out in Article 3 may be financed in this
way.

2. Member States may ensure the provision of universal
services by procuring such services in accordance with
applicable public procurement rules.

3. Where a Member State determines that the universal
service obligations, as provided for by this Directive,
financial
entail a net cost and represent an unfair
burden for the universal service provider(s), it may:

(a) Introduce a mechanism to compensate the under-

taking(s) concerned from public funds;

(b) Share the net cost of universal service obligations

between providers of services and/or users.

4. Where the net cost is shared under paragraph 3(b),
Member States may establish a compensation fund
which may be funded by service providers' and/or users'
fees, and is administered for this purpose by a body
independent of the beneficiary or beneficiaries. Member
States may make the granting of authorisations to
service providers under Article 9(2) subject to an obliga-
tion to make a financial contribution to that fund or to
comply with universal service obligations. Only those
services set out in Article 3 may be financed in this way.

5. Member States shall ensure that the principles of trans-
parency, non-discrimination and proportionality are
respected in establishing the compensation fund and
the financial contributions
when fixing the level of
referred to in paragraphs 3 and 4. Decisions taken
under paragraphs 3 and 4 shall be based on objective
and verifiable criteria and be made public.'

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Official Journal of the European Union

C 197/43

Text proposed by the Commission

CoR Amendment

5. Member States shall ensure that the principles of trans-
parency, non-discrimination and proportionality are
respected in establishing the compensation fund and
when fixing the level of
the financial contributions
referred to in paragraphs 3 and 4. Decisions taken
under paragraphs 3 and 4 shall be based on objective
and verifiable criteria and be made public.'

6. where it believes that none of

the above-mentioned
arrangements guarantees the long-term financing of the
universal service's net costs, a Member State may, for a
transitional period, continue to reserve certain services
for
service provider. The
services that may be reserved are collection, sorting,
transport and delivery of normal domestic mail and of
incoming cross-border mail, whether express or not,
within the following weight/price limits.

the designated universal

The weight limit will be set at 50 grams from 1 January
2009. This weight limit will not apply if the price is
equal to or greater than two-and-a-half times the public
tariff for an item of correspondence in the first weight
step of the fastest category.

With regard to free services for blind and partially
sighted persons, price/weight limit derogations may be
authorised.

Insofar as is necessary in order to maintain universal
service, e.g. owing to the specific nature of the postal
services of a Member State, outgoing cross-border
mail may continue to be reserved within the same
weight/price limits.

7. The Commission shall carry out a study aimed at asses-
sing the effectiveness of all means of financing on the
basis of best practices applied in Member States, and
whether or not the universal service meets customer
needs.Based on the conclusions of this study and before
31 December 2010,
the Commission shall present,
following a broad consultation of all stakeholders, a
report to the European Parliament and to the Council,
together with a proposal confirming, where appropriate,
the date of 2012 for full accomplishment of the internal
market of Community postal services.

Reason

This amendment is consistent with recommendation 2 on recital 17 of Directive 97/67/EC. It is important
that the Commission draws up a report on the effectiveness of the various alternative financing possibilities.
The reserved sector must be retained under the same terms as those in Directive 97/67/EC until 2012 for
those Member States who deem it necessary

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Official Journal of the European Union

24.8.2007

Amendment 7

Article 9 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

1. For services which are outside the scope of the universal
service as defined in Article 3, Member States may
introduce general authorisations to the extent necessary
in order to guarantee compliance with the essential
requirements.

authorisation procedures,

2. For services which are within the scope of the universal
service as defined in Article 3 Member States may intro-
duce
including individual
licences, to the extent necessary in order to guarantee
compliance with the essential requirements and to safe-
guard the universal service.
The granting of authorisations may:

1. For services which are outside the scope of the universal
service as defined in Article 3, Member States may intro-
duce general authorisations to the extent necessary in
order
essential
requirements.

compliance with the

to guarantee

authorisation procedures,

2. For services which are within the scope of the universal
service as defined in Article 3 Member States may intro-
duce
including individual
licences, to the extent necessary in order to guarantee
compliance with the essential requirements and to safe-
guard the universal service.
The granting of authorisations may:

— where appropriate, be made subject

to universal

— where appropriate, be made subject

to universal

service obligations,

service obligations,

— if necessary,

impose requirements concerning the
quality, availability and performance of the relevant
services,

— if necessary,

impose requirements concerning the
quality, availability and performance of the relevant
services,

— where appropriate, be subject to an obligation to
sharing

contribution to the

make
mechanisms referred to in Article 7.

financial

a

Except in the case of undertakings that have been desig-
nated as universal service providers in accordance with
Article 4, authorisations may not:

— be limited in number,
— for the same quality, availability and performance
requirements impose on a service provider universal
service obligations and, at the same time, financial
contributions to a sharing mechanism,

— duplicate conditions which are applicable to under-
takings by virtue of other, non sector specific,
national legislation,

— impose technical or operational conditions other
than those necessary to fulfil the obligations of this
Directive.

— where appropriate, be subject to an obligation to
sharing

contribution to the

a

financial

make
mechanisms referred to in Article 7.
impose

other

things,

— amongst

requirements
concerning the quality, availability and performance
of the relevant services. Insofar as they are compa-
tible with Community law, these requirements may
be linked to social and environmental considera-
tions,
— be subject

to an obligation to provide

to an obligation to make a financial
contribution to the sharing mechanisms referred to
in Article 7.
subject

staff
previously responsible for supplying these services
with the rights they would have benefited from if a
transfer had taken place within the meaning of
Directive 77/187/EEC. The
regulatory authority
should provide a list of employees and details of
their contractual rights.

— be

Except in the case of undertakings that have been desig-
nated as universal service providers in accordance with
Article 4, authorisations may not:

— be limited in number,
— for the same quality, availability and performance
requirements impose on a service provider universal
service obligations and, at the same time, financial
contributions to a sharing mechanism,

— duplicate conditions which are applicable to under-
takings by virtue of other, non sector specific,
national legislation,

— impose technical or operational conditions other
than those necessary to fulfil the obligations of this
Directive.

Reason

By the end of 2009, the Commission shall publish a new study aimed at clarifying how universal services
will in future be delivered to users throughout both rural and urban Europe. In the interim, the status quo
should be maintained, including the reserved area.

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Official Journal of the European Union

C 197/45

Amendment 8

Article 19 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

Member States shall ensure that transparent, simple and
inexpensive procedures are made available by undertakings
providing postal services for dealing with postal users'
complaints, particularly in cases
theft,
damage or non-compliance with service quality standards
(including procedures for determining where responsibility
lies in cases where more than one operator is involved).

involving loss,

Member States shall ensure that transparent, simple and
inexpensive procedures are made available by all undertak-
ings providing postal services for dealing with postal users'
complaints, particularly in cases
theft,
damage or non-compliance with service quality standards
(including procedures for determining where responsibility
lies in cases where more than one operator is involved).

involving loss,

Reason

It is important to ensure that the same procedures shall apply to all undertakings providing postal services,
not just to those providing universal service.

Amendment 9

Article 21 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

1. The Commission shall be assisted by a committee.

1. The Commission shall be assisted by a committee. The
committee shall be composed of representative from
each Member State and representatives from the local
and regional authorities of each Member State.

Reason

The Committee established under Article 21 shall be informed and monitor the evolution of the measures
established by Member States to ensure the provision of the universal service. It is important that representa-
tives from local and regional authorities form part of this committee as they may have diverging opinions
of that of the Member States.

Amendment 10

Article 22a of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

1. Member States shall ensure that undertakings providing
postal services provide all the information,
including
financial information and information about the provi-
sion of the universal service, necessary for the following
purposes:
(a) for national regulatory authorities to ensure confor-
mity with the provisions of, or decisions made in
accordance with, this Directive,

(b) for clearly defined statistical purposes.

1. Member States shall ensure that undertakings providing
postal services provide all reasonable amount of relevant
the information on universal services, including financial
information and information about the provision of the
universal service, necessary for the following purposes:
(a) or national regulatory authorities to ensure confor-
mity with the provisions of, or decisions made in
accordance with, this Directive,
(b) or clearly defined statistical purposes.

2. Undertakings shall provide such information promptly
on request and within the timescales and to the level of
detail required by the national regulatory authority. The
information requested by
regulatory
authority shall be proportionate to the performance of
its tasks. The national regulatory authority shall give the
reasons justifying its request for information.

the national

2. Undertakings shall provide such information promptly
on request and within the timescales and to the level of
detail required by the national regulatory authority. The
information requested by
regulatory
authority shall be proportionate to the performance of
its tasks. The national regulatory authority shall give the
reasons justifying its request for information.

the national

C 197/46

EN

Official Journal of the European Union

24.8.2007

Reason

The text should be written so that it clearly indicates the reasonableness and relevance of the obligation
imposed from the perspective of the postal undertaking and that the duty to notify be limited to relate only
to services belonging to universal service.

Amendment 11

Article 23 of Directive 97/67/EC

Text proposed by the Commission

CoR Amendment

Every three years, on the first occasion no later than
31 December 2011, the Commission shall submit a report
to the European Parliament and the Council on the applica-
tion of this Directive, including the appropriate information
about developments in the sector, particularly concerning
economic, social, employment patterns and technological
aspects, as well as about quality of service. The report shall
be accompanied where appropriate by proposals to the
European Parliament and the Council.

Every three years, on the first occasion no later than
31 December 2011, the Commission shall submit a report
to the European Parliament and the Council on the applica-
tion of this Directive, including the appropriate information
about developments in the sector, particularly concerning
economic, social, employment patterns and technological
aspects, as well as about quality of service. The report shall
also contain a detailed analysis of the current and possible
future effects on the regions of liberalisation, with particu-
lar focus on upland regions with specific needs, and be
accompanied where appropriate by proposals to the Euro-
pean Parliament and the Council.

Reason

It is important that the report not only looks at the effect of the directive on a Member State level but that
the regional effects are also considered.

Brussels, 6 June 2007.

III. Procedure

Title

Reference(s)

Legal basis

Procedural basis

The President

of the Committee of the Regions

Michel DELEBARRE

Proposal
for a Directive amending Directive 97/67/EC
concerning the full accomplishment of the internal market
of Community postal services

COM(2006) 594 final — 2006/0196 (COD)

Article 265, first paragraph

Date of Council referral

Date of President's decision

22.11.2006

9.1.2007

Commission responsible

Commission for Economic and Social Policy (ECOS)

Rapporteur

Analysis

Discussed in commission

Date adopted by commission

Ms Elina Lehto, Mayor of Lohja, (FIN, PES)

5.2.2007

30.3.2007

30.3.2007

24.8.2007

EN

Official Journal of the European Union

C 197/47

Result of the vote in commission

Adopted by majority

Date adopted in plenary

6 June 2007

Previous Committee opinions

(1) OJ C 144, 16.5.2001, p. 20.
(2) OJ C 337, 11.11.1996, p. 28.

Opinion on the European Commission proposal for a Euro-
pean Parliament and Council Directive amending Directive
97/67/EC with regard to the further opening to competi-
tion of Community postal services (COM(2000) 319 final,
CdR 309/2000 fin (1));

Opinion on the European Proposal for a European Parlia-
ment and Council Directive on common rules for the
development of Community postal
and the
improvement of quality of service (COM(95) 227 final,
CdR 422/1995 fin (2))

services