Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services
Date: 2008-02-20
Institutions: Council of the European Union, European Parliament
Subjects: postal service, provision of services, quality standard, services of general interest, single market, universal service

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DIRECTIVES

DIRECTIVE 2008/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 February 2008

amending Directive 97/67/EC with regard to the full accomplishment of the internal market of
Community postal services

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

establishing the European
Having regard to the Treaty
Community, and in particular Article 47(2), Articles 55 and
95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

The Council in its Resolution of 7 February 1994 on the
development of Community Postal Services (4) identified
the main objectives of Community postal
as one of
policy
controlled
reconciling of
the
opening to competition of
the postal market with a
sustainable guarantee of the provision of the universal
service.

gradual,

the

(1) OJ C 168, 20.7.2007, p. 74.
(2) OJ C 197, 24.8.2007, p. 37. Opinion delivered following non-

compulsory consultation.

(3) Opinion of

the European Parliament of 11 July 2007 (not yet
published in the Official
Journal), Council Common Position of
8 November 2007 (OJ C 307 E, 18.12.2007, p. 22) and Position
of the European Parliament of 31 January 2008.

(4) OJ C 48, 16.2.1994, p. 3.

Directive 97/67/EC of the European Parliament and of
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 (5) established a regulatory framework for the
postal sector at Community level,
including measures
service and the setting of
to guarantee a universal
maximum limits for the postal services which Member
States may reserve to their universal service provider(s)
with a view to the maintenance of the universal service,
to be reduced in a gradual and progressive manner, and a
timetable for decision-making on the further opening of
the market to competition, for the purposes of creating
an internal market in postal services.

Article 16 of the Treaty highlights the place occupied by
services of general economic interest in the shared values
of the European Union as well as their role in promoting
social and territorial cohesion. It states that care should
be taken that such services operate on the basis of prin-
ciples and conditions which enable them to fulfil their
missions.

The positive role played by services of general economic
interest was emphasised by Special Eurobarometer 219
of October 2005 which indicated that postal services are
the most appreciated services of general economic
interest according to users throughout
the EU, with
77 % of people questioned responding positively.

Since they constitute an essential instrument for commu-
nication and information exchange, postal services fulfil a
vital role which contributes to the objectives of social,
economic and territorial cohesion in the Union. Postal
social
networks
dimensions which make universal access to essential
local services possible.

important

territorial

have

and

(3)

(4)

(5)

(5) OJ L 15, 21.1.1998, p. 14. Directive as last amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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(6)

(7)

(8)

(9)

the

tasks of

to promote throughout

that
to Article 2 of

The measures in the area of postal services should be
designed in such a way
the
the Treaty,
Community pursuant
namely,
the Community a
harmonious, balanced and sustainable development of
economic activities, a high level of employment and of
non-inflationary
social
growth,
and
convergence of economic performance,
the raising of
the standard of living and quality of life, and economic
and social cohesion and solidarity among Member States,
are achieved as objectives.

and
competitiveness

sustainable
of
degree

protection,
high

a

European postal markets have undergone dramatic
change in recent years, a development that has been
driven by technological advancements and increased
competition resulting from deregulation. Due to globali-
sation, it is essential to take a pro-active and pro-deve-
lopment stance so as not to deprive Union citizens of the
benefits of such change.

In its Conclusions concerning the mid-term review of the
Lisbon Strategy the European Council of 22 and
23 March 2005 re-stated the importance of completing
the internal market as an instrument to foster growth
and create more and better jobs, and the important
role that effective services of general economic interest
have to play in a competitive and dynamic economy.
These Conclusions remain applicable to postal services
as an essential
trade,
and social and territorial cohesion.

instrument of communication,

The European Parliament Resolution of 2 February 2006
on the application of the Postal Directive (1) highlighted
the social and economic importance of efficient postal
services and their important role within the framework
of the Lisbon Strategy, indicating that reform measures
undertaken so far have brought about significant positive
developments in the postal sector, along with increased
quality, more efficiency and better user-orientation. In its
Resolution,
called on the
Commission,
the sometimes perceptibly
divergent developments in universal service obligations
in the Member States,
to concentrate in particular,
when drawing up its prospective study, on the quality
of
the universal service provided and on its future
funding and to propose, in the context of that study, a
the
definition,
universal service.

scope and appropriate financing for

the European Parliament

in view of

(11)

(12)

(13)

(14)

(10)

In accordance with Directive 97/67/EC, a prospective
study assessing, for each Member State, the impact on

(1) OJ C 288 E, 25.11.2006, p. 77.

service of

the full accomplishment of

the
universal
internal market of Community postal services in 2009
has been carried out. The Commission has
also
undertaken a
the Community
thorough review of
including the commissioning of studies
postal sector,
on the economic, social and technological developments
in the
consulted extensively with
interested parties.

sector, and has

that

The prospective study states
the basic aim of
ensuring the sustainable provision of a universal service
matching the standard of quality defined by the Member
States in accordance with Directive 97/67/EC can be
secured throughout the Community by 2009 without
the need for a reserved area.

The progressive and gradual opening of postal markets to
competition has provided universal service providers with
sufficient time to put in place the necessary moderni-
sation and restructuring measures required to ensure
their long-term viability under new market conditions,
their regulatory
and enabled Member States to adapt
systems to a more open environment. Furthermore,
Member States may avail themselves of the opportunity
offered by the transposition period, and the substantial
time necessary for the introduction of effective compe-
tition,
in order to proceed with further modernisation
and restructuring of the universal service providers as
necessary.

the interest of

the reserved area
The prospective study shows that
the
should no longer be the preferred solution for
financing of the universal service. This assessment takes
into account
the Community and its
Member States in the accomplishment of the internal
market and its potential
for delivering growth and
employment, as well as ensuring the availability of an
efficient service of general economic interest
for all
users.
It is therefore appropriate to confirm the final
date for the accomplishment of the internal market for
postal services.

There are a number of drivers of change within the
postal sector, notably demand and changing user needs,
organisational change, automation and the introduction
of new technologies, substitution by electronic means of
communication and the opening of the market. In order
to meet
cope with new consumer
requirements and secure new sources of funding, postal
service providers may diversify
activities by
providing electronic business services or other infor-
mation society services.

competition,

their

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(15)

(16)

the

including

service providers,

designated
Postal
universal service providers, are being spurred on to
improve efficiency as a result of new competitive chal-
lenges (such as digitalisation and electronic communi-
cations) which differ from the traditional postal services
and this will in itself contribute to a major increase in
competitiveness.

service providers as well as

Complete market-opening will help to expand the overall
size of the postal markets. It will further contribute to
maintaining sustainable and quality employment within
universal
facilitate the
creation of new jobs in other operators, new entrants
and associated economic
is
without prejudice to the competence of Member States
to regulate employment conditions in the postal services
sector, which should not, however, lead to unfair compe-
tition. Social considerations should be taken into due
account when preparing the opening up of the postal
market.

sectors. This Directive

(17)

Transport alone should not be considered as a postal
service. Direct mail consisting solely of advertising,
marketing or publicity material and comprising an
identical message, except
the addressee's name,
address and identifying number, may be considered as
an item of correspondence.

for

(18)

Increased competitiveness should furthermore enable the
postal sector to be integrated with alternative methods of
communication and allow the quality of
the service
provided to evermore demanding users to be improved.

(19)

Rural postal networks, in, inter alia, mountain and island
regions, play an important role in integrating businesses
into the national/global economy and in maintaining
cohesion in social and employment terms. Furthermore,
rural postal points in remote regions can provide an
important infrastructure network for access to new elec-
tronic communications services.

(20) Developments

in the neighbouring communications
markets have had a varied impact in different regions
of the Community and segments of the population and
on the use of postal services. Territorial and social
cohesion should be maintained,
into
account that Member States may adapt some specific
local demand by
service

to accommodate

and taking

features

it

is

appropriate

the opening of

legislation, as public holidays.

making use of the flexibility provided for in Directive
97/67/EC,
to fully maintain the
universal service and the associated quality requirements
set out in Directive 97/67/EC. It is appropriate to clarify,
in line with existing practice, that Member States should
provide clearance and delivery of mail only on the
the week that are not defined, by
working days of
national
to
ensure that
the market continues to
benefit all users, in particular consumers and small and
medium-sized enterprises, Member States should monitor
and supervise market developments. They should take
appropriate
under
Directive 97/67/EC,
accessibility to
to ensure
postal services continues to satisfy the needs of users,
including, by ensuring, where appropriate, a minimum
number of services at the same access point and,
in
particular, that there is an appropriate density of access
points to postal services in rural and remote regions.

regulatory measures,

In order

available

that

(21)

service guarantees,

The universal
in principle, one
clearance and one delivery to the home or premises of
every natural or legal person every working day, even in
remote or sparsely populated areas.

(22)

The provision of high-quality postal services contributes
significantly to attaining the objective of social and terri-
torial cohesion. E-commerce,
in particular, offers new
opportunities for remote and sparsely populated areas
to participate in economic life for which the provision
of good postal services is an important precondition.

(23) Directive 97/67/EC established a preference for

the national

the
provision of the universal service through the designation
of universal service providers. Member States may require
that the universal service be provided throughout the
whole of
territory. Greater competition
and choice means that Member States should be given
further flexibility to determine the most efficient and
appropriate mechanism to guarantee the availability of
the universal service, while respecting the principles of
objectivity,
transparency, non-discrimination, propor-
tionality and least market distortion necessary to ensure
the free provision of postal services in the internal
market. Member States may apply one or a combination
of the following: the provision of the universal service by
market forces, the designation of one or several under-
takings to provide different elements of the universal
service or to cover different parts of the territory and
public procurement of services.

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the provision of

In the event that a Member State decides to designate
one or more undertakings for
the
universal service, or for the provision of
the various
components of the universal service, it must be ensured
that quality requirements pertaining to the universal
service are imposed in a transparent and proportionate
manner on the universal service providers. Where a
Member State designates more than one undertaking, it
should ensure that there is no overlap in the universal
service obligations.

(24)

the

is important

that users be fully informed of

the
It
service
services provided and that postal
universal
providers be informed of the rights and obligations of
universal
should
service provider(s). Member States
ensure that users remain fully informed of the features
and accessibility of
services provided.
Member States should ensure that all such information
is made available. It is however appropriate, in line with
the enhanced flexibility given in favour of Member States,
to ensure the provision of the universal service in ways
service
other
provider(s), in order to give Member States the flexibility
to decide how such information is to be made available
to the public.

than the designation of

the universal

specific

(25)

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 means of ensuring
that the universal service is financed.

(26)

The external financing of the residual net costs of the
universal service may still be necessary for some Member
States. It is therefore appropriate to explicitly clarify the
alternatives available in order to ensure the financing of
the universal service, to the extent that this is needed and
is adequately justified, while leaving Member States the
choice of the financing mechanisms to be used. These
include the use of public procurement
alternatives
procedures including, as provided for
in the public
procurement Directives, competitive dialogue or nego-
tiated procedures with or without the publication of a
contract notice and, whenever universal service obli-
gations entail net costs of
the universal service and
represent an unfair burden on the designated universal
service provider, public compensation and cost sharing

to the financing of

between service providers and/or users in a transparent
manner by means of contributions to a compensation
fund. Member States may use other means of financing
permitted by Community law, such as deciding, where
and if necessary, that the profits accruing from other
activities of the universal service provider(s) outside the
scope of the universal service are to be assigned, in whole
or in part,
the
universal service, as long as this is in line with the
Treaty. Without prejudice to the obligation of Member
States to uphold the Treaty rules on State aid, including
specific notification requirements in this context, Member
the financing
States may notify the Commission of
mechanisms used to cover
the
costs of
any net
service, which should be reflected in the
universal
regular reports that the Commission should present to
the European Parliament and Council on the application
of Directive 97/67/EC.

the net costs of

(27)

(28)

Postal service providers may be required to contribute to
the financing of
the universal service in cases where
provision is made for a compensation fund. In order to
determine which undertakings may be
required to
contribute to a compensation fund, Member States
should consider whether the services provided by such
undertakings may, from a user's perspective, be regarded
as services falling within the scope of
the universal
service, as they display inter-changeability to a sufficient
degree with the universal service, taking into account the
characteristics of
including added value
features, as well as the intended use and the pricing.
These services do not necessarily have to cover all the
features of the universal service, such as daily delivery or
complete national coverage.

the services,

required

the provision of
State

In order to comply with the principle of proportionality
when determining the contribution to be made to the
the universal service in a
costs of
Member
undertakings,
from these
Member States should use transparent and non-discrimi-
natory criteria such as the share of these undertakings in
the activities falling within the scope of the universal
service in this Member State. Member States may
require those providers which are required to contribute
to a
appropriate
accounting separation in order to ensure the functioning
of the fund.

compensation fund to introduce

(29)

(30)

(31)

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to be

should continue

The principles of transparency, non-discrimination and
proportionality, as presently provided for in Directive
97/67/EC,
applied to any
financing mechanism and any decision in this area
should be based on transparent, objective and verifiable
criteria. In particular, the net cost of the universal service
should be calculated, under
the
national regulatory authority, as the difference between
the net costs of a designated universal service provider
operating under a universal service obligation and not
operating under a universal service obligation. The calcu-
lation should take into account all other
relevant
including any market benefits which accrue
elements,
to a postal
service provider designated to provide
universal service, the entitlement to a reasonable profit
and incentives for cost efficiency.

the supervision of

(32)

another Member State authorisation to operate in their
own territory.

assistance

The Commission should provide
to the
Member States on the different aspects of the implemen-
tation of this Directive, including on the calculation of
any net cost. Moreover, cooperation between national
regulatory
develop
benchmarks and guidance in this area should contribute
to the harmonised application of this Directive.

continuing

authorities

to

in

In cases where Member States decide to make accessible
to the public, on their national territory, additional or
complementary services, with the exception of
those
relating to the universal service obligations, as defined
in this Directive, such as pensions and postal orders
these services should not be
delivery in rural areas,
subject to any compensation mechanisms requiring the
contribution of specific undertakings. Where appropriate,
Member States may grant financing for such additional
or complementary services in accordance with the Treaty
rules on State aid. Except in the case of universal service
provider(s), the authorisations may not be made subject
to the obligation to provide such additional services.

It is appropriate to provide Member States that have
acceded to the Union after
the entry into force of
Directive 2002/39/EC of the European Parliament and
of
the Council of 10 June 2002 amending Directive
97/67/EC with regard to the further opening to compe-
tition of Community postal services (1) and may have
faced particular difficulties regarding the smooth adap-
tation of their postal markets because they joined the
postal
reform process at a late stage, and certain
Member States with a small population and a limited
geographical size having specific characteristics that are
particular to postal services or with a particularly difficult
islands with the
topography, with a huge number of
possibility to postpone the implementation of
this
to
Directive for a limited period of
continue to reserve services to their universal service
provider(s), subject to notification to the Commission.
Taking into account the exceptional nature of such a
is also appropriate, within this limited
possibility,
period of time and for a limited number of services, to
allow those Member States that have completely opened
up their markets to refuse monopolies operating in

in order

time,

it

(1) OJ L 176, 5.7.2002, p. 21.

further harmonisation of

(33) Member States should be allowed to use general autho-
risations and individual
licences whenever justified and
proportionate to the objective pursued. However, as
highlighted by the Third report on the application of
Directive 97/67/EC,
the
conditions that may be introduced appears necessary in
order to reduce unjustified barriers to the provision of
services in the internal market. In this context, Member
States may for example allow postal service providers to
choose between the obligation to provide a service or to
contribute financially to the costs of this service provided
by another provider, but should no longer be allowed to
impose concurrently a requirement to contribute to a
sharing mechanism and universal service or quality obli-
gations that are intended to serve the same purpose. It is
also appropriate to clarify that some of the provisions on
general authorisations and licensing should not apply to
designated universal service providers.

(34)

In an environment where several postal undertakings
it is
provide services within the universal service area,
to assess
appropriate to require all Member States
whether some elements of the postal
infrastructure or
certain services generally provided by universal service
providers should be made accessible to other operators
providing similar services, in order to promote effective
competition, and/or protect all users by ensuring the
service. Where several
the postal
overall quality of
universal
postal
regional
providers with
service
networks exist, Member States should also assess and,
where necessary, ensure their interoperability in order
transport of
impediments to the prompt
to prevent
postal items. As the legal and market situation of these
elements or services is different among the Member
States it is appropriate to only require Member States
to adopt an informed decision on the need, extent and
choice of
including where
appropriate on cost sharing. This provision is without
prejudice to the right of Member States
to adopt
measures to ensure access to the postal network under
conditions of transparency and non-discrimination.

the regulatory instrument,

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(35) Member

States

that postal

service
should ensure
providers, when processing personal data pursuant
to
Directive 97/67/EC, apply Community and national
provisions on the protection of personal data,
in
particular those laid down by Directive 95/46/EC of
the European Parliament
the Council of
24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
movement of such data (1).

and of

(36)

this Directive should be without
The provisions of
prejudice to national provisions governing the expro-
priation conditions for organising the universal service
provision.

(37) Given the importance of postal services for blind and
partially-sighted persons,
is appropriate to confirm
it
that the opening of the market should not prevent the
continuing provision by the universal service provider(s)
of certain free services for blind and partially-sighted
persons introduced by the Member States in accordance
with applicable international obligations.

(38)

In a fully competitive environment, it is important, both
for the financial equilibrium of the universal 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 should be achieved by continuing
to allow Member States to maintain uniform tariffs for
single piece tariff mail, the service most frequently used
by consumers, including small and medium-sized enter-
prises. Member States may also maintain uniform tariffs
for some other mail items, such as, for example, news-
papers and books, to protect general public interests,
such as access to culture, ensuring participation in a
democratic society (freedom of press) or regional and
social cohesion.

(39)

For the provision of services for all users, including busi-
nesses, bulk mailers and consolidators of mail
from
different users, universal service providers may enjoy
more price flexibility in line with the cost-orientation
principle. Tariffs should take account of
the avoided
costs, as compared to the standard service covering the
features offered for the clearance,
complete range of
sorting, transport and distribution of individual postal
items.

(40)

(41)

In view of the national specificities involved in the regu-
lation of
the conditions under which the incumbent
universal service provider must operate in a fully compe-
it is appropriate to leave Member
titive environment,
to monitor
States the freedom to decide how best
cross-subsidies.

In view of the transition towards a fully competitive
market, and in order to prevent cross-subsidies from
adversely affecting competition,
is appropriate to
continue to require Member States to maintain the obli-
gation on universal service providers of keeping separate
and transparent accounts, subject
to necessary adap-
tations.

it

service

This obligation should provide national regulatory autho-
rities, competition authorities and the Commission with
the information necessary to adopt decisions related to
fair market
the universal
conditions until competition becomes effective. Co-
operation between national
in
continuing to develop benchmarks and guidelines in
this area should contribute to the harmonised application
of these rules.

regulatory authorities

and to monitor

separate

and transparent

Keeping
provide Member States and their national
authorities with accounting information of
detail to:

accounts

should
regulatory
sufficient

— adopt decisions related to the universal service,

— be used as an input when determining whether the
universal service obligations imposed entail a net cost
financial burden on the
and represent an unfair
universal service provider,

— ensure that the tariffs applied to the universal service
comply with the principles on tariffs as set out in this
Directive,

— ensure compliance with the principles on terminal

dues as set out in this Directive; and,

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003.

— monitor

fair market conditions until competition

becomes effective.

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(42)

In line with existing rules in other service areas and in
order to increase consumer protection, it is appropriate
application of minimum principles
to extend the
concerning
complaint procedures beyond universal
service providers. With a view to increasing the effec-
tiveness of complaint handling procedures,
it is appro-
priate to encourage the use of out-of-court settlement
procedures as set out in Commission Recommendation
98/257/EC of 30 March 1998 on the principles
applicable to the bodies responsible for out-of-court
settlement of consumer disputes (1) and Commission
Recommendation 2001/310/EC of 4 April 2001 on
the principle for out-of-court bodies involved in the
disputes (2).
consensual
of
Consumer interests would also be furthered through
the
operators
resulting from access to certain elements of infrastructure
and services, and the
cooperation
between national regulatory authorities and consumer
protection bodies.

inter-operability

requirement

resolution

consumer

enhanced

between

for

In order to protect the interests of users in the event of
theft or loss of, or damage to, postal
items, Member
States should introduce, where warranted, a system of
reimbursement and/or compensation.

(43) Directive 97/67/EC provides that certain measures are to
be
adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (3).

the

introduced

(44) Decision 1999/468/EC has been amended by Decision
2006/512/EC, which
regulatory
procedure with scrutiny for the adoption of measures
of general
scope designed to amend non-essential
elements of a basic instrument adopted in accordance
with the procedure referred to in Article 251 of the
Treaty, inter alia, by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

designed to amend non-essential elements of Directive
inter alia, by supplementing it with new
97/67/EC,
non-essential
adopted in
they must be
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

elements,

(46)

The Committee assisting the Commission in accordance
with Directive 97/67/EC should follow developments in
the provision of the universal service in Member States.

(47)

The role of national regulatory authorities is likely to
remain crucial,
in particular in those Member States
where the transition to competition still needs to be
completed. In accordance with the principle of separation
of regulatory and operational functions, Member States
should guarantee the independence of the national regu-
thereby ensuring the impartiality of
latory authorities,
their decisions. This requirement of
independence is
without prejudice to the institutional autonomy and
constitutional obligations of the Member States and to
the principle of neutrality with regard to the rules in
system of property
Member States governing the
ownership laid down in Article 295 of
the Treaty.
National regulatory authorities should be provided with
all necessary resources, in terms of staffing, expertise and
financial means, for the performance of their tasks.

(48) Due to the frequent involvement of different national
bodies in the exercise of regulatory functions, it is appro-
priate to introduce transparency in the allocation of tasks
and require the different relevant bodies charged with
sector regulation, the application of competition rules
and with dealing with consumer issues to cooperate in
order to ensure the effective accomplishment of their
tasks.

(45)

In particular, the Commission should be empowered to
adopt measures as regards future adjustment of quality-
of-service standards
to technical progress or market
developments as well as of standardised conditions for
independent performance monitoring by external bodies.
Since those measures are of general scope and are

(1) OJ L 115, 17.4.1998, p. 31.
(2) OJ L 109, 19.4.2001, p. 56.
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(49) Any party which is the subject of a decision by a national
regulatory authority should have the right to appeal to a
body that is independent of that authority. This body
may be a court. This appeal procedure is without
competences within
prejudice
legal
national
entities or natural persons under national law. Pending
the conclusion of these procedures there is a need to
regulatory
ensure the temporary validity of national
authorities' decisions
legal
certainty and market security.

judicial systems and to the rights of

to the division of

to guarantee

in order

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(50) National regulatory authorities should, where necessary,
cooperate with other regulatory bodies of Member States
and with the Commission in carrying out their tasks
under Directive 97/67/EC. This would promote the
development of the internal market for postal services
and help to ensure the consistent application,
in all
Member States, of
the provisions laid down by the
Directive, in particular in areas where national law imple-
menting Community law gives national regulatory autho-
rities considerable discretionary powers in the application
of the relevant rules. This cooperation could take place,
inter alia, within the Committee assisting the Commission
in accordance with the Directive or within a group
comprising European regulators. Member States should
decide which bodies are national regulatory authorities
for the purposes of the Directive.

(51) National

regulatory authorities need to gather

infor-
mation from market players in order to carry out their
information should be
tasks effectively. Requests for
proportionate and not
impose an undue burden on
undertakings. Such information may also need to be
to
gathered by the Commission in order to allow it
law. The
its obligations under Community
fulfil
recipient of information should ensure confidentiality in
accordance with the rules in force.

ensure an appropriate density of access points in these
areas in order to satisfy the universal service obligation.

(55)

(56)

sector,

In order to maintain the framework for the regulation of
the postal
the date of expiry of Directive
97/67/EC should be deleted. The provisions that have
not been amended by this Directive continue to apply.
The services that Member States may continue to reserve,
during the implementation period, are those specified in
Directive 97/67/EC.

Since the objectives of this Directive, namely achieving
an internal market of Community postal
services,
ensuring a common level of universal services for all
users and setting harmonised principles for the regulation
of postal services, cannot be sufficiently achieved by
Member States and can therefore, by reason of
the
scale and effects, be better achieved at Community
level, the Community may adopt measures in accordance
with the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of propor-
tionality, as set out in that Article, this Directive does not
go beyond what is necessary in order to achieve those
objectives.

(52)

to keep the European Parliament and the
In order
internal
informed of developments
in the
Council
market
the Commission should
for postal
regularly submit reports to those institutions on the
application of Directive 97/67/EC.

services,

(57) Directive 97/67/EC should

therefore be

amended

accordingly.

(53)

provision

contractual

concerning

This Directive does not affect labour law, that is any legal
employment
or
conditions, working conditions,
including health and
safety at work and the relationship between employers
and workers, which Member States apply in accordance
with national
in conformity with
Community law. Equally, this Directive does not affect
the social security legislation of
the Member States.
Where necessary, Member States may reflect working
in line
conditions
with the principles of transparency and proportionality.

in their authorisation procedures

law which is

(54) Member States should ensure that sufficient access points
are established that take account of the needs of users in
rural and sparsely populated areas. Member States should

(58)

(59)

This Directive is consistent with other Community
instruments concerning services. In the event of conflict
between a provision of this Directive and a provision of
in particular Directive
another Community instrument,
the
2006/123/EC of
Council of 12 December 2006 on services
in the
internal market (1), the provisions of this Directive will
prevail and will apply in full to the postal sector.

the European Parliament and of

This Directive is without prejudice to the application of
the Treaty rules on competition and on the freedom to
provide services. Insofar as mechanisms for the financing
of the universal service involve aid granted by a Member
State or through state aid resources in any form what-
soever within the meaning of Article 87(1) of the Treaty,
this Directive is without prejudice to Member States'
obligation to respect the Treaty rules on State aid.

(1) OJ L 376, 27.12.2006, p. 36.

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(60)

the Interinstitutional
In accordance with point 34 of
agreement on better law-making (1), Member States are
encouraged to draw up,
themselves and in the
for
interests of the Community, their own tables illustrating,
as far as possible, the correlation between this Directive
and the transposition measures, and to make them
public,

HAVE ADOPTED THIS DIRECTIVE:

‘1. postal services: services involving the clearance,
sorting, transport and distribution of postal items;’;

(b)

the following point shall be inserted:

‘1a. postal service provider: undertaking that provides

one or more postal services;’

Directive 97/67/EC is hereby amended as follows:

Article 1

(c)

in point 2 the words ‘public postal network’ shall be
replaced by ‘postal network’;

1. Article 1 shall be replaced by the following:

(d) point 3 shall be replaced by the following:

‘Article 1

This Directive establishes common rules concerning:

facilities,

‘3. access points: physical
including letter
boxes provided for
the public either on the
public highway or at the premises of the postal
service provider(s), where postal
items may be
deposited with the postal network by senders;’;

— the

conditions governing the provision of postal

services,

(e) point 4 shall be replaced by the following:

— the provision of a universal postal service within the

Community,

‘4. Clearance: the operation of collecting postal items

by a postal service provider;’;

— the financing of universal services under conditions that
guarantee the permanent provision of such services,

(f) point 6 shall be replaced by the following:

— tariff principles and transparency of accounts

for

universal service provision,

— the setting of quality standards for universal service
provision and the setting-up of a system to ensure
compliance with those standards,

— the harmonisation of technical standards,

— the creation of independent national regulatory autho-

rities.’;

‘6. Postal item: an item addressed in the final form in
is to be carried by a postal service
which it
provider. In addition to items of correspondence,
such items also include for instance books, cata-
logues, newspapers, periodicals and postal parcels
containing merchandise
without
commercial value;’;

with

or

(g) point 8 shall be deleted;

(h) point 12 shall be deleted;

2. Article 2 shall be amended as follows:

(a) point 1 shall be replaced by the following:

(1) OJ C 321, 31.12.2003, p. 1.

(i)

point 13 shall be replaced by the following:

‘13. universal service provider: the public or private
postal
service provider 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;’;

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(j)

point 14 shall be replaced by the following:

‘14. Authorisations: any permission setting out rights
and obligations specific to the postal sector and
allowing undertakings to provide postal services
and, where applicable, to establish and/or operate
their networks for the provision of such services,
in the form of a general authorisation or indi-
vidual licence as defined below:

data

law and, where
with Community and national
justified,
environmental
protection,
protection and regional planning. Data protection
may include personal data protection, the confi-
information transmitted or stored
dentiality of
and protection of privacy;’;

(m) the following point shall be added:

— “general

of whether

licence” or under general

authorisation”:
an
authorisation,
is regulated by a
regardless of whether it
“class
law and
regardless
regulation
requires registration or declaration procedures,
which does not require the postal service
provider concerned to obtain an explicit
decision by the national regulatory authority
before exercising the rights stemming from
the authorisation,

such

— “individual licence”: an authorisation which is
granted by a national regulatory authority and
which gives a postal service provider specific
rights, or which subjects that undertaking’s
operations
supple-
authorisation where
menting the general
applicable, where the postal service provider
is not entitled to exercise the rights concerned
until
received the decision by the
national regulatory authority;’;

to specific obligations

it has

(k) point 17 shall be replaced by the following:

‘17. User: any natural or legal person benefiting from
service provision as a sender or an

postal
addressee;’;

(l)

point 19 shall be replaced by the following:

‘19. Essential

requirements: general non-economic
reasons which can induce a Member State to
impose
conditions on the supply of postal
services. These reasons are the confidentiality of
the network as
correspondence,
security of
goods,
regards
respect
of
employment, social security schemes, laid down
by law, regulation or administrative provision
negotiated
and/or
in accordance
between national social partners,

transport of dangerous
the

conditions

agreement

collective

the
for

terms

and

by

‘20. Services provided at single piece tariff: postal
services for which the tariff is set in the general
terms
service
universal
conditions
provider(s) for individual postal items.’;

and

of

3. Article 3 shall be amended as follows:

(a)

the first subparagraph of paragraph 3 shall be replaced
by the following:

service is guaranteed not

‘3. Member States shall take steps to ensure that the
universal
than five
working days a week, save in circumstances or geogra-
phical conditions deemed exceptional, and that
it
includes as a minimum:

less

— 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.’;

(b) paragraph 5 shall be replaced by the following:

‘5.
The national regulatory authorities may increase
the weight limit of universal service coverage for postal
parcels to any weight not exceeding 20 kilograms and
may lay down special arrangements for the door-to-
door delivery of such parcels.

Notwithstanding the weight limit of universal service
coverage for postal parcels established by a given
Member State, Member States shall ensure that postal
parcels
and
weighing up to 20 kilograms are delivered within
their territory.’;

received from other Member States

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(c) paragraph 6 shall be replaced by the following:

with requirements relating to the public interest recognised
in particular Articles 30 and 46 thereof,
in the Treaty,
concerning,
inter alia, public morality, public security,
including criminal investigations, and public policy.’;

‘6.
The minimum and maximum dimensions for the
postal items in question shall be those as laid down in
the relevant provisions adopted by the Universal Postal
Union.’;

6. Article 6 shall be replaced by the following:

4. Article 4 shall be replaced by the following:

‘Article 6

‘Article 4

Each Member State shall ensure that the provision of
1.
the universal service is guaranteed and shall notify the
Commission of the steps it has taken to fulfil this obli-
gation. The Committee referred to in Article 21 shall be
informed of the measures established by Member States to
ensure the provision of the universal service.

2. Member States may designate one or more under-
takings as universal service providers in order that
the
whole of the national territory can be covered. Member
States may designate different undertakings to provide
different elements of universal service and/or to cover
different parts of the national territory. When they do so,
they shall determine in accordance with Community law
the obligations and rights assigned to them and shall
publish these obligations
In particular,
the
Member States shall
conditions under which universal services are entrusted
are based on the principles of transparency, non-discrimi-
nation and proportionality,
thereby guaranteeing the
continuity of
the universal service provision, by taking
into account the important role it plays in social and terri-
torial cohesion.

rights.
take measures to ensure that

and

Member States shall take steps to ensure that users and
postal service providers are regularly given sufficiently
detailed and up-to-date
information by the universal
service provider(s) regarding the particular features of the
reference to the
universal service offered, with special
general conditions of access to these services as well as
to prices and quality standard levels. This information
shall be published in an appropriate manner.

Member States shall notify the Commission, of how the
information to be published in accordance with the first
paragraph is to be made available.’;

7. the heading of Chapter 3 shall be replaced by the following:

‘Financing of universal services’;

8. Article 7 shall be replaced by the following:

‘Article 7

the universal service provider(s)

Member States shall notify the Commission of the identity
of
they designate. The
designation of a universal service provider shall be subject
the
to a periodic
conditions and principles set out in this Article. However,
Member States shall ensure that the duration of this desig-
nation provides
return on
investments.’;

sufficient period for

examined against

review and be

a

for

rights

special

1. Member States shall not grant or maintain in force
exclusive or
the establishment and
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 Treaty.

5. paragraph 2 of Article 5 shall be replaced by the following:

‘2.
The provisions of paragraph 1 shall not preclude
measures which the Member States take in accordance

2. Member States may ensure the provision of universal
services by procuring such services in accordance with
applicable public procurement
and regulations,
including, as provided for in Directive 2004/17/EC of the
European Parliament and of the Council of 31 March 2004
coordinating
entities
operating in the water, energy,
transport and postal
services (*), competitive dialogue or negotiated procedures
with or without publication of a contract notice.

the procurement procedures of

rules

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3. Where a Member State determines that the universal
service obligations, as provided for in this Directive, entail a
net cost, calculated taking into account Annex I, and
represent an unfair
financial burden on the universal
service provider(s), it may introduce:

(a) a mechanism to compensate
concerned from public funds; or

the

undertaking(s)

extent necessary
authorisations
compliance with the essential requirements.

to the

to guarantee

For

services which fall within the scope of

2.
the
universal service, Member States may introduce authori-
sation procedures,
to the
including individual
extent necessary in order to guarantee compliance with
the essential requirements and to ensure the provision of
the universal service.

licences,

(b) a mechanism for the sharing of the net cost of the
service obligations between providers of

universal
services and/or users.

The granting of authorisations may:

— be made subject to universal service obligations,

4. Where the net cost
is shared in accordance with
paragraph 3(b), Member States may establish a compen-
sation 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 obli-
gation to make a financial contribution to that fund or to
comply with universal service obligations. The universal
service obligations of the universal service provider(s) set
out in Article 3 may be financed in this manner.

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

level of

financial

the

___________
(*) OJ L 134, 30.4.2004, p. 1. Directive as last amended by
Council Directive 2006/97/EC (OJ L 363, 20.12.2006,
p. 107).’;

9. the heading of Chapter 4 shall be replaced by the following:

— if

and

necessary

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

justified,

impose

— where appropriate, be subject to an obligation to make
a financial contribution to the sharing mechanisms
the
referred to in Article 7,
universal service entails a net cost and represents an
unfair burden on the universal
service provider(s),
designated in accordance with Article 4,

the provision of

if

— where appropriate, be subject to an obligation to make
a financial contribution to the national
regulatory
authority's operational costs referred to in Article 22,

— where appropriate, be made subject to or impose an
obligation to respect working conditions laid down by
national legislation.

‘Conditions governing the provision of postal services
and access to the network’;

Obligations and requirements referred to in the first indent
and in Article 3 may only be imposed on designated
universal service providers.

10. Article 9 shall be replaced by the following:

in the

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

‘Article 9

1.
the
For services which fall outside the scope of
universal service, Member States may introduce general

— be limited in number,

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— for the same elements of the universal service or parts
of the national territory, impose universal service obli-
gations 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.

3.
The procedures, obligations and requirements referred
to in paragraphs 1 and 2 shall be transparent, accessible,
non-discriminatory, proportionate, precise
and unam-
biguous, made public in advance and based on objective
criteria. Member States shall ensure that the reasons for
refusing or withdrawing an authorisation in whole or in
part are communicated to the applicant and shall establish
an appeal procedure.’;

11. paragraph 1 of Article 10 shall be replaced by the

following:

‘1.
The European Parliament and the Council, acting on
a proposal
from the Commission and on the basis of
Articles 47(2), 55 and 95 of the Treaty, shall adopt the
measures necessary for the harmonisation of the procedures
referred to in Article 9 governing the commercial provision
of postal services to the public.’;

12. Article 11 shall be replaced by the following:

‘Article 11

The European Parliament and the Council, acting on a
from the Commission and on the basis of
proposal
Articles 47(2), 55 and 95 of the Treaty, shall adopt such
harmonisation measures as are necessary to ensure that
users and the postal service provider(s) have access to the
postal network under conditions which are transparent and
non-discriminatory.’;

‘Article 11a

conditions

Whenever necessary to protect the interest of users and/or
to promote effective competition, and in the light of
national
legislation, Member
and national
transparent, non-discriminatory
States shall ensure that
access conditions are available to elements of postal infra-
the
structure or services provided within the scope of
address
universal
information
database, post office boxes, delivery boxes,
on change of address, re-direction service and return to
sender service. This provision shall be without prejudice
to the right of Member States to adopt measures to
ensure access to the postal network under transparent,
proportional and non-discriminatory conditions.’;

such as postcode

system,

service,

14. Article 12 shall be replaced by the following:

‘Article 12

Member States shall take steps to ensure that the tariffs for
each of the services forming part of the universal service
comply with the following principles:

independent of geographical

— prices shall be affordable and must be such that all
users,
in
the light of specific national conditions, have access
to the services provided. Member States may maintain
or introduce the provision of a free postal service for
the use of blind and partially-sighted persons,

location, and,

— prices shall be cost-oriented and give incentives for an
efficient universal service provision. Whenever necessary
for reasons relating to the public interest, Member
States may decide that a uniform tariff
shall be
applied,
territory and/or
cross-border, to services provided at single piece tariff
and to other postal items,

their national

throughout

— the application of a uniform tariff shall not exclude the
right of the universal service provider(s) to conclude
individual agreements on prices with users,

13. the following Article shall be inserted:

— tariffs shall be transparent and non-discriminatory,

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— whenever universal

service providers apply special
tariffs,
for example for services for businesses, bulk
mailers or consolidators of mail from different users,
they shall apply the principles of
transparency and
non-discrimination with regard both to the tariffs and
to the associated conditions. The tariffs, together with
the associated conditions, shall apply equally both as
between different third parties and as between third
parties
supplying
shall also be
equivalent
available to users,
in particular individual users and
small and medium-sized enterprises, who post under
similar conditions.’;

services. Any such tariffs

service providers

and universal

(i) whenever possible, common costs

shall be
allocated on the basis of direct analysis of the
origin of the costs themselves;

(ii) when direct analysis is not possible, common
cost categories shall be allocated on the basis of
an indirect linkage to another cost category or
group of cost categories for which a direct
assignment or
the
indirect linkage shall be based on comparable
cost structures;

allocation is possible;

15. Article 14 shall be amended as follows:

(a) paragraphs 1, 2 and 3 shall be replaced by the

following:

‘1. Member States shall take the measures necessary
to ensure that the accounting of the universal service
providers
conducted in accordance with the
is
provisions of this Article.

The universal

service provider(s)

shall keep
2.
internal accounting
separate accounts within their
systems in order to clearly distinguish between each
of the services and products which are part of the
universal
and those which are not. This
accounting separation shall be used as an input when
Member States calculate the net cost of the universal
service. Such internal accounting systems shall operate
on the basis of consistently applied and objectively
justifiable cost accounting principles.

service

3.
The accounting systems referred to in paragraph
2 shall, without prejudice to paragraph 4, allocate costs
in the following manner:

found,

allocation can be

(iii) when neither direct nor indirect measures of
cost
cost
category shall be allocated on the basis of a
general allocator computed by using the ratio
of all expenses directly or indirectly assigned or
allocated, on the one hand,
the
universal services and, on the other hand, to
the other services;

to each of

the

(iv) common costs, which are necessary for the
provision of both universal services and non-
shall be allocated appro-
universal
priately;
cost drivers must be
applied to both universal services and non-
universal services.’;

services,
the

same

(b) paragraph 8 shall be replaced by the following:

the provision of

‘8. Where a given Member State has not used a
financing mechanism for
the
universal service, as permitted under Article 7, and
where the national
regulatory authority is satisfied
that none of the designated universal service providers
in that Member State is in receipt of State assistance,
hidden or otherwise, and that competition in the
market
regulatory
authority may decide not to apply the requirements
of this Article.’;

fully effective,

the national

is

(a) costs which can be directly assigned to a particular

service or product shall be so assigned;

(c)

the following paragraphs shall be added:

(b) common costs,

is costs which cannot be
directly assigned to a particular service or product,
shall be allocated as follows:

that

‘9.
This Article may, however, be applied to the
universal service provider designated before the final
date for Full Market Opening as long as no other
universal service provider(s) have been designated. The
national
inform the
authority
Commission in advance of any such decision.

regulatory

shall

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10. Member States may require those postal service
providers which are obliged to contribute to a compen-
sation fund to introduce an appropriate accounting
separation to ensure the functioning of the fund.’;

16. Article 16 shall be amended as follows:

(a)

the second indent of
replaced by the following:

the third paragraph shall be

‘— the European Parliament and the Council

in the
case of intra-Community cross-border services (see
Annex II). Future adjustment of these standards to
technical progress or market developments shall be
made in accordance with the regulatory procedure
with scrutiny referred to in Article 21(2).’;

(b) the fourth paragraph shall be replaced by the following:

‘Article 19

1. Member States shall ensure that transparent, simple
and inexpensive procedures are made available by all postal
service providers for dealing with postal users' complaints,
particularly in cases involving loss, theft, damage or non-
compliance with service quality
(including
procedures for determining where responsibility lies in
cases where more than one operator is involved), without
prejudice to relevant international and national provisions
on compensation schemes.

standards

Member States shall adopt measures to ensure that the
procedures referred to in the first subparagraph enable
disputes to be settled fairly and promptly with provision,
where warranted, for a system of reimbursement and/or
compensation.

Member States shall also encourage the development of
independent out-of-court schemes for the resolution of
disputes between postal service providers and users.

‘Independent performance monitoring shall be carried
out at least once a year by external bodies having no
links with the universal service providers under stan-
dardised conditions to be specified in accordance with
the regulatory procedure with scrutiny referred to in
Article 21(2) and shall be the subject of
reports
published at least once a year.’;

2. Without prejudice to other possibilities of appeal or
means of redress under national and Community legis-
lation, Member States shall ensure that users, acting indivi-
jointly with
dually or, where permitted by national
organisations representing the interests of users and/or
consumers, may bring before the competent national
authority cases where users' complaints to undertakings
providing postal
the
scope of
services within the
universal service have not been satisfactorily resolved.

law,

17. paragraphs 1 and 2 of Article 18 shall be replaced by the

following:

‘1.
In accordance with Article 16, quality standards for
intra-Community cross-border services are laid down in
Annex II.

In accordance with Article 16, Member States shall ensure
that the universal service providers and, wherever appro-
priate, undertakings providing services within the scope of
the universal service, publish,
together with the annual
report on the monitoring of their performance, information
on the number of complaints and the manner in which
they have been dealt with.’;

2. Where exceptional situations relating to infrastructure
or geography so require, the national regulatory authorities
may determine exemptions from the quality standards
provided for in Annex II. Where national regulatory autho-
rities determine exemptions in this manner,
they shall
notify the Commission forthwith. The Commission shall
submit an annual
received
during the previous 12 months
to the Committee
referred to in Article 21 for its information.’;

the notifications

report of

19. Article 21 shall be replaced by the following:

‘Article 21

1.

The Commission shall be assisted by a committee.

18. Article 19 shall be replaced by the following:

2. Where reference is made to this paragraph, Articles
5a(1) to (4) and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.’;

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20. Article 22 shall be replaced by the following:

‘CHAPTER 9a

Provision of information

Article 22a

‘Article 22

the postal operators. Member States

1.
Each Member State shall designate one or more
national regulatory authorities for the postal sector that
are legally separate from and operationally independent
of
retain
ownership or control of postal service providers shall
ensure effective structural
the regulatory
functions from activities associated with ownership or
control.

separation of

that

shall

inform the Commission which
Member States
national
regulatory authorities they have designated to
carry out the tasks arising from this Directive. They shall
publish the tasks to be undertaken by national regulatory
authorities in an easily accessible form, in particular where
those tasks are assigned to more than one body. Member
States shall ensure, where appropriate, consultation and
cooperation between those authorities and national autho-
rities entrusted with the implementation of competition law
and consumer protection law on matters of common
interest.

2.
The national regulatory authorities shall have as a
particular task ensuring compliance with the obligations
in particular by establishing
arising from this Directive,
the
monitoring and regulatory procedures
provision of
service. They may also be
the universal
charged with ensuring compliance with competition rules
in the postal sector.

to ensure

The national regulatory authorities shall work in close
collaboration and shall provide mutual assistance in order
to facilitate the application of
this Directive within the
appropriate existing bodies.

3. Member States shall ensure that effective mechanisms
exist at national
level under which any user or postal
service provider affected by a decision of a national regu-
latory authority has the right to appeal against the decision
to an appeal body which is independent of the parties
involved. Pending the outcome of any such appeal, the
decision of the national regulatory authority shall stand,
unless the appeal body decides otherwise.’;

21. the following Chapter shall be inserted:

shall

ensure

service
1. Member States
providers provide all the information, in particular to the
national regulatory authorities,
infor-
mation and information concerning the provision of the
universal service, namely for the following purposes:

including financial

that postal

(a)

for national regulatory authorities to ensure conformity
with the provisions of, or decisions made in accordance
with this Directive,

(b) for clearly defined statistical purposes.

2.
Postal service providers shall provide such infor-
mation promptly on request and in confidence, where
necessary, within the timescales and to the level of detail
required by the national regulatory authority. The infor-
regulatory authority
mation requested by the national
shall be proportionate to the performance of
its tasks.
The national regulatory authority shall give the reasons
justifying its request for information.

3. Member States shall ensure that national regulatory
authorities provide the Commission, upon request, with
appropriate and relevant information necessary for it to
carry out its tasks under this Directive.

regulatory

4. Where information is considered confidential by a
national
accordance with
authority,
Community and national business confidentiality rules,
the Commission and the national regulatory authorities
concerned shall preserve such confidentiality.’;

in

22. Article 23 shall be replaced by the following:

‘Article 23

the Commission shall

than
Every four years, on the first occasion no later
submit a
31 December 2013,
to the European Parliament and the Council on
report
including appropriate
the application of
information on developments in the sector, particularly
concerning economic, social, employment patterns and
technological aspects, as well as on quality of service. The
report
appropriate, by
accompanied, where
proposals to the European Parliament and the Council.’;

this Directive,

shall be

27.2.2008

EN

Official Journal of the European Union

L 52/19

23. the following Article shall be inserted:

‘Article 23a

The Commission shall provide assistance to the Member
States on the implementation of this Directive,
including
on the calculation of any net cost of the universal service.’;

24. Articles 24, 25, 26 and 27 shall be deleted;

25. the following text shall be inserted as Annex I:

‘ANNEX I

Guidance on calculating the net cost,
universal service

if any, of

Part A: Definition of the universal service obligations

refer

service obligations

Universal
to the obligations
referred to in Article 3 placed upon a postal service
provider by a Member State which concern the provision
of a postal service throughout a specified geographical area,
including, where required, uniform prices in that geogra-
phical area for the provision of that service or provision of
certain free services for blind and partially-sighted persons.

Those obligations may
following:

include,

among others,

the

— a number of days of delivery, superior to those set in

this Directive,

— accessibility to access points,
universal service obligations,

in order to satisfy the

— the tariffs affordability of the universal service,

— uniform prices for universal service,

— the provision of certain free services for blind and

partially-sighted persons.

Part B: Calculation of net cost

National regulatory authorities are to consider all means to
ensure appropriate incentives for postal service providers
(designated or not) to provide universal service obligations
cost efficiently.

the operation of

The net cost of universal service obligations is any cost
related to and necessary for
the
universal
service provision. The net cost of universal
service obligations is to be calculated, as the difference
between the net cost for a designated universal service
provider of operating with the universal service obligations
and the same postal service provider operating without the
universal service obligations.

The calculation shall take into account all other relevant
elements,
including any intangible and market benefits
which accrue to a postal service provider designated to
provide universal service, the entitlement to a reasonable
profit and incentives for cost efficiency.

Due attention is to be given to correctly assessing the costs
that any designated universal service provider would have
chosen to avoid, had there been no universal service obli-
gation. The net cost calculation should assess the benefits,
including intangible benefits,
service
operator.

to the universal

The calculation is to be based upon the costs attributable
to:

(i) elements of the identified services which can only be
provided at a loss or provided under cost conditions
falling outside normal commercial
standards. This
category may include service elements such as the
services defined in Part A;

(ii) specific users or groups of users who,

taking into
the cost of providing the specified service,
account
generated and any uniform prices
the
imposed by the Member State, can only be served at
a loss or under cost conditions falling outside normal
commercial standards.

revenue

This category includes those users or groups of users that
would not be served by a commercial operator that did not
have an obligation to provide universal service.

The calculation of
the net cost of specific aspects of
universal service obligations is to be made separately and
so as to avoid the double counting of any direct or indirect
benefits and costs. The overall net cost of universal service
obligations to any designated universal service provider is
to be calculated as the sum of the net costs arising from
the specific components of universal service obligations,
taking account of any intangible benefits. The responsi-
bility for verifying the net cost lies with the national regu-
latory authority. The universal service provider(s) shall
cooperate with the national
regulatory authority to
enable it to verify the net cost.

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Official Journal of the European Union

27.2.2008

Part C: Recovery of any net costs of universal service obligations

The recovery or financing of any net costs of universal
service obligations may
require designated universal
service providers to be compensated for the services that
they provide under non-commercial conditions. As such
compensation involves financial transfers, Member States
have to ensure that they are undertaken in an objective,
transparent, non-discriminatory and proportionate manner.
This means that the transfers result as far as possible in the
least distortion to competition and to user demand.

A sharing mechanism based on a fund referred to in
and neutral
Article 7(4)
a
should use
that avoids a
mechanism for collecting contributions
double
falling on both
outputs and inputs of undertakings.

imposition of

contributions

transparent

— Czech Republic,
— Greece,
— Cyprus,
— Latvia,
— Lithuania,
— Luxembourg,
— Hungary,
— Malta,
— Poland,
— Romania,
— Slovakia.

The independent body administering the fund is to be
responsible for collecting contributions from undertakings,
which are assessed as liable to contribute to the net cost of
universal service obligations in the Member State and is to
oversee the transfer of sums due to the undertakings
entitled to receive payments from the fund.’;

These Member States may decide to implement this Directive at
an earlier stage.

2.
The relevant Member States shall notify the Commission
confirming their intention to make use of the implementation
delay set out in paragraph 1 by 27 August 2008.

26.

the Annex shall become Annex II.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
the latest. They shall
Directive by 31 December 2010 at
forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such
their official publication. The
reference on the occasion of
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of their laws, regulations and administrative provisions with
regard to the application of this Directive.

3. Member States
reserved areas by
that abolish their
31 December 2012 may, between 1 January 2011 and
authorisation
31 December 2012,
provided for in Article 9(2) of Directive 97/67/EC for services
within the abolished reserved area in question to postal
operators providing services within the scope of the universal
service, as well as companies controlled by them, which are
granted a reserved area in another Member State.

to grant

refuse

the

Article 4

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Article 3

Done at Strasbourg, 20 February 2008.

By derogation to Article 2, the following Member States
this Directive until
in order to continue to reserve services

1.
may postpone the implementation of
31 December 2012,
to universal service provider(s):

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ