natgillin/translations-raw huggingface dataset:
(34) In order to keep the European Parliament and the Council informed on the development of the internal market for postal services, the Commission should regularly submit reports to those institutions on the application of Directive 97/67/EC.
(34) In order to keep the European Parliament and the Council informed on the development of the internal market for postal services, the Commission should regularly submit reports to those institutions on the application of Directive 97/67/EC.
(34) In order to keep the European Parliament and the Council informed on the progress towards the accomplishment of the internal market for postal services, the Commission should regularly submit reports to those institutions on the application of Directive 97/67/EC.
(34) In order to keep the European Parliament and the Council informed on the progress towards the accomplishment of the internal market for postal services, the Commission should regularly submit reports to those institutions on the application of Directive 97/67/EC.
RECITAL 34 A (new)
RECITAL 34 A (new)
(34a) Member States address the issue of working conditions in the postal sector in diverging ways.
(34a) Member States address the issue of working conditions in the postal sector in diverging ways.
While the Commission in its report under Article 23 of Directive 97/67/EC is obliged to give information on social and employment patterns, this Directive is not intended to interfere with the competence of Member States to ensure high-quality employment in the sector.
While the Commission in its report under Article 23 of Directive 97/67/EC is obliged to give information on social and employment patterns, this Directive is not intended to interfere with the competence of Member States to ensure high-quality employment in the sector.
Member States may actively provide for decent working conditions in the postal sector.
Member States may actively provide for decent working conditions in the postal sector.
This may be done, in particular, through collective agreements or by setting minimum wages or within the framework of licensing regimes.
This may be done, in particular, through collective agreements or by setting minimum wages or within the framework of licensing regimes.
Given the importance of working conditions for those employed in the postal sector and the need to avoid a serious decrease in the working conditions, it is appropriate to underline that this Directive does not hinder Member States to actively regulate and safeguard the working conditions including those of the employees in the postal sector in accordance with their national legislation.
Given the importance of working conditions for those employed in the postal sector and the need to avoid a serious decrease in the working conditions, it is appropriate to underline that this Directive does not hinder Member States to actively regulate and safeguard the working conditions including those of the employees in the postal sector in accordance with their national legislation.
It should also be clarified that the obligation of the Commission to include in its report under Article 23 social and employment patterns does not create a Community competence in this specific sector.
It should also be clarified that the obligation of the Commission to include in its report under Article 23 social and employment patterns does not create a Community competence in this specific sector.
RECITAL 35
RECITAL 35
(35) In order to confirm the framework for the regulation of the sector the date of expiry of Directive 97/67/EC should be deleted .
(35) In order to confirm the framework for the regulation of the sector the date of expiry of Directive 97/67/EC should be deleted .
(35) Within the spirit of Directive 2002/39/EC, amending Directive 97/67/EC, the Commission should carry out a new study examining the qualitative and quantitative impact of market opening on employment in the sector and developing concrete proposals on how the universal service is to be financed in future in each of the 27 Member States by 31 December 2009.
(35) Within the spirit of Directive 2002/39/EC, amending Directive 97/67/EC, the Commission should carry out a new study examining the qualitative and quantitative impact of market opening on employment in the sector and developing concrete proposals on how the universal service is to be financed in future in each of the 27 Member States by 31 December 2009.
In light of the conclusions of the study, the Commission should propose a new date for the full accomplishment of the postal internal market or determine any other steps to be taken.
In light of the conclusions of the study, the Commission should propose a new date for the full accomplishment of the postal internal market or determine any other steps to be taken.
Accordingly, the date of expiry of Directive 97/67/EC should be postponed .
Accordingly, the date of expiry of Directive 97/67/EC should be postponed .
Article 1, point 1 of Directive 2002/39/EC amending Article 7(3) of Directive 97/67/EC says that the Commission should finalise a prospective study which will assess for each Member State the impact of market opening and only in light of such a study can it determine the full accomplishment of the postal internal market 'or determining any other step in light of the study's conclusions'.
Article 1, point 1 of Directive 2002/39/EC amending Article 7(3) of Directive 97/67/EC says that the Commission should finalise a prospective study which will assess for each Member State the impact of market opening and only in light of such a study can it determine the full accomplishment of the postal internal market 'or determining any other step in light of the study's conclusions'.
The study finalised but the Commission has drawn conclusions without having assessed the impact of market opening on each of the 27 Member States.
The study finalised but the Commission has drawn conclusions without having assessed the impact of market opening on each of the 27 Member States.
ARTICLE 1, POINT 1 Article 1, second indent (Directive 97/67/EC)
ARTICLE 1, POINT 1 Article 1, second indent (Directive 97/67/EC)
(1) In Article 1, the second indent is replaced by the following:
(1) In Article 1, the second indent is replaced by the following:
'- the conditions governing the provision of postal services,'
'- the conditions governing the provision of postal services,'
ARTICLE 1, POINT 2, POINT (A) Article 2, point 6 (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (A) Article 2, point 6 (Directive 97/67/EC)
(a) point 6 is replaced by the following:
(a) point 6 is replaced by the following:
'6. postal item: an item addressed in the final form in which it is to be carried by a postal service provider.
'6. postal item: an item addressed in the final form in which it is to be carried by a postal service provider.
In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value;'
In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value;'
ARTICLE 1, POINT 2, POINT (B) Article 2, point 8 (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (B) Article 2, point 8 (Directive 97/67/EC)
(b) point 8 is deleted
(b) point 8 is deleted
ARTICLE 1, POINT 2, POINT (B A) (new) Article 2, point 19, paragraph 1 (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (B A) (new) Article 2, point 19, paragraph 1 (Directive 97/67/EC)
(ba) Point 19, paragraph 1, is replaced by the following:
(ba) Point 19, paragraph 1, is 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.
'(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 correspondence, security of the network as regards the transport of dangerous goods and, where justified, data protection, environmental protection, regional planning and decent working conditions.'
These reasons are the confidentiality of correspondence, security of the network as regards the transport of dangerous goods and, where justified, data protection, environmental protection, regional planning and decent working conditions.'
It is appropriate to underline that this Directive does not hinder Member States to actively regulate and safeguard the working conditions including those of the employees in the postal sector in accordance with their national legislation.
It is appropriate to underline that this Directive does not hinder Member States to actively regulate and safeguard the working conditions including those of the employees in the postal sector in accordance with their national legislation.
This amendment should allow Member States to maintain or introduce the obligation to respect decent working conditions in the postal sector in the framework of an authorisation regime.
This amendment should allow Member States to maintain or introduce the obligation to respect decent working conditions in the postal sector in the framework of an authorisation regime.
ARTICLE 1, POINT 2, POINT (C) Article 2, point 20 (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (C) Article 2, point 20 (Directive 97/67/EC)
(c) the following point is added:
(c) the following point is added:
'20. services provided at single piece tariff: postal services for which the tariff is set in the general terms and conditions of universal service providers for the transport of individual postal items.'
'20. services provided at single piece tariff: postal services for which the tariff is set in the general terms and conditions of universal service providers for the transport of individual postal items.'
ARTICLE 1, POINT 3 Article 3, paragraph 3, subparagraph 1, introductory wording (Directive 97/67/EC)
ARTICLE 1, POINT 3 Article 3, paragraph 3, subparagraph 1, introductory wording (Directive 97/67/EC)
(3) In the first subparagraph of Article 3(3), the introductory wording is replaced by the following:
(3) In the first subparagraph of Article 3(3), the introductory wording is replaced by the following:
'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 regulatory authorities, and that it includes as a minimum:'
'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 regulatory authorities, and that it includes as a minimum:'
ARTICLE 1, POINT 4 Article 4 (Directive 97/67/EC)
ARTICLE 1, POINT 4 Article 4 (Directive 97/67/EC)
(4) Article 4 is replaced by the following:
(4) Article 4 is replaced by the following:
'Article 4
'Article 4
Each Member State shall ensure that the provision of the universal service is guaranteed and shall notify the Commission of the steps it has taken to fulfil this obligation.
Each Member State shall ensure that the provision of the universal service is guaranteed and shall notify the Commission of the steps it has taken to fulfil this obligation.
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.
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.
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.
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.
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 undertakings as universal service providers is limited in time.
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 undertakings as universal service providers is limited in time.
ARTICLE 1, POINT 4 A (new) Article 4, paragraph 1 a (new) (Directive 97/67/EC)
ARTICLE 1, POINT 4 A (new) Article 4, paragraph 1 a (new) (Directive 97/67/EC)
(4a) In article 4, the following paragraph is added:
(4a) In article 4, the following paragraph is added:
Member States may require the selected operator to offer to staff previously engaged in providing the services the rights that they would have enjoyed had a transfer occurred within the meaning of Council Directive 77/187/EEC 1 .
Member States may require the selected operator to offer to staff previously engaged in providing the services the rights that they would have enjoyed had a transfer occurred within the meaning of Council Directive 77/187/EEC 1 .
The competent authority shall list the staff and give details of their contractual rights.
The competent authority shall list the staff and give details of their contractual rights.
Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ L 61, 5.3.77, p.
Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ L 61, 5.3.77, p.
It ensures workers’ protection in case USO activities are transferred to another operator following an open procedure (Art 4).
It ensures workers’ protection in case USO activities are transferred to another operator following an open procedure (Art 4).
In accordance with ECJ case-law and the Interpretative Communication on social considerations into public procurement (FAQ, 15/10/2001), procedures similar to the ones in Art 4, could have the same effects on workers as a classic transfer.
In accordance with ECJ case-law and the Interpretative Communication on social considerations into public procurement (FAQ, 15/10/2001), procedures similar to the ones in Art 4, could have the same effects on workers as a classic transfer.
It brings legal certainty and paraphrases the proposal for a Regulation on action by MS concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway (Art 9).
It brings legal certainty and paraphrases the proposal for a Regulation on action by MS concerning public service requirements and the award of public service contracts in passenger transport by rail, road and inland waterway (Art 9).
ARTICLE 1, POINT 6 Article 6 (Directive 97/67/EC)
ARTICLE 1, POINT 6 Article 6 (Directive 97/67/EC)
Member States shall take steps to ensure that users and undertakings providing postal services are regularly given sufficiently detailed and up-to-date information regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels.
Member States shall take steps to ensure that users and undertakings providing postal services are regularly given sufficiently detailed and up-to-date information regarding the particular features of the universal services offered, with special reference to the 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.
This information shall be published in an appropriate manner.
Member States shall take steps to ensure that users and undertakings providing postal services are regularly given sufficiently detailed and up-to-date information by the universal service provider(s) regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels.
Member States shall take steps to ensure that users and undertakings providing postal services are regularly given sufficiently detailed and up-to-date information by the universal service provider(s) regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels.
Member States shall notify the Commission, how the information to be published in accordance with the first subparagraph is being made available.
Member States shall notify the Commission, how the information to be published in accordance with the first subparagraph is being made available.
ARTICLE 1, POINT 7 Chapter 3, title (Directive 97/67/EC)
ARTICLE 1, POINT 7 Chapter 3, title (Directive 97/67/EC)
(7) In Chapter 3, the title is replaced by the following:
(7) In Chapter 3, the title is replaced by the following:
'CHAPTER 3
'CHAPTER 3
Financing of universal services'
Financing of universal services'
The financing of universal services must be subject to a new study carried out by the Commission.
The financing of universal services must be subject to a new study carried out by the Commission.
ARTICLE 1, POINT 8 Article 7 (Directive 97/67/EC)
ARTICLE 1, POINT 8 Article 7 (Directive 97/67/EC)
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.
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.
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.
With effect from 1 January 2009 to the extent necessary to ensure the maintenance of the universal service, Member States may continue to reserve services to universal service provider(s).
With effect from 1 January 2009 to the extent necessary to ensure the maintenance of the universal service, Member States may continue to reserve services to universal service provider(s).
Those services shall be limited to the clearance, sorting, transport and delivery of items of domestic correspondence and incoming cross-border correspondence, whether by accelerated delivery or not, within both of the following weight and price limits.
Those services shall be limited to the clearance, sorting, transport and delivery of items of domestic correspondence and incoming cross-border correspondence, whether by accelerated delivery or not, within both of the following weight and price limits.
The weight limit shall continue to be 50 grams from 1 January 2009.
The weight limit shall continue to be 50 grams from 1 January 2009.
This weight limit shall not apply if the price is equal to, or more than, two-and-a-half times the public tariff for an item of correspondence in the first weight step of the fastest category.
This weight limit shall not apply if the price is equal to, or more than, two-and-a-half times the public tariff for an item of correspondence in the first weight step of the fastest category.
To the extent necessary to ensure the provision of the universal service, direct mail may continue to be reserved within the same weight and price limits.
To the extent necessary to ensure the provision of the universal service, direct mail may continue to be reserved within the same weight and price limits.
To the extent necessary to ensure the provision of the universal service, for example when certain sectors of postal activity have already been liberalised or because of the specific characteristics particular to the postal services in a Member State, outgoing cross-border mail may continue to be reserved within the same weight and price limits.
To the extent necessary to ensure the provision of the universal service, for example when certain sectors of postal activity have already been liberalised or because of the specific characteristics particular to the postal services in a Member State , outgoing cross-border mail may continue to be reserved within the same weight and price limits.
Document exchange may not be reserved.
Document exchange may not be reserved.
The Commission shall finalise a new prospective study which will assess how universal service will be financed in future as well as how to maintain or improve employment in the postal sector from a qualitative and quantitative perspective.
The Commission shall finalise a new prospective study which will assess how universal service will be financed in future as well as how to maintain or improve employment in the postal sector from a qualitative and quantitative perspective.
Based on the study’s conclusions, the Commission shall submit, by 31 December 2009, a report to the European Parliament and to the Council, accompanied by a proposal, if appropriate, of a date for the full accomplishment of the postal internal market or determining any other steps to be taken in the light of the study’s conclusions.
Based on the study’s conclusions, the Commission shall submit, by 31 December 2009, a report to the European Parliament and to the Council, accompanied by a proposal, if appropriate, of a date for the full accomplishment of the postal internal market or determining any other steps to be taken in the light of the study’s conclusions.
(a) Introduce a mechanism to compensate the undertaking(s) concerned from public funds;
(a) Introduce a mechanism to compensate the undertaking(s) concerned from public funds;
(b) Share the net cost of universal service obligations between providers of services and/or users.
(b) Share the net cost of universal service obligations between providers of services and/or users.
Member States may make the granting of authorisations to service providers under Article 9(2) subject to an obligation to make a financial contribution to that fund or to comply with universal service obligations.
Member States may make the granting of authorisations to service providers under Article 9(2) subject to an obligation to make a financial contribution to that fund or to comply with universal service obligations.
Member States shall ensure that the principles of transparency, 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.
Member States shall ensure that the principles of transparency, 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.
Decisions taken under paragraphs 3 and 4 shall be based on objective and verifiable criteria and be made public.