natgillin/translations-raw huggingface dataset:
The Commission will first have to produce a new study by end of 2009 that clarifies how universal services will be guaranteed in the future as well as how employment levels and quality improved; only then can the reserved area be fully opened to market conditions.
The Commission will first have to produce a new study by end of 2009 that clarifies how universal services will be guaranteed in the future as well as how employment levels and quality improved; only then can the reserved area be fully opened to market conditions.
Until then a status quo must remain with the 50g reserve area remaining the privileged source of financing.
Until then a status quo must remain with the 50g reserve area remaining the privileged source of financing.
ARTICLE 1, POINT 8 A (new) Article 8 (Directive 97/67/EC)
ARTICLE 1, POINT 8 A (new) Article 8 (Directive 97/67/EC)
(8a) Article 8 is replaced by the following:
(8a) Article 8 is replaced by the following:
'Article 8
'Article 8
The provisions of Article 7 shall be without prejudice to Member States’ right to:
The provisions of Article 7 shall be without prejudice to Member States’ right to:
- define specific criteria applicable to the provision of the universal service in accordance with the principles of objectivity, proportionality and non-discrimination;
- define specific criteria applicable to the provision of the universal service in accordance with the principles of objectivity, proportionality and non-discrimination;
- organise the siting of letter boxes on the public highway, the issue of postage stamps and the registered mail service used in the course of judicial or administrative procedures, in accordance with national legislation as a universal service.'
- organise the siting of letter boxes on the public highway, the issue of postage stamps and the registered mail service used in the course of judicial or administrative procedures, in accordance with national legislation as a universal service.'
Universal service providers benefit in different national legislations from certain specific provisions (that is, concerning transport legislation, exceptions to rules such as trucks not allowed to roll on Sundays) allowing them to provide the universal service in the terms specified by their Member State.
Universal service providers benefit in different national legislations from certain specific provisions (that is, concerning transport legislation, exceptions to rules such as trucks not allowed to roll on Sundays) allowing them to provide the universal service in the terms specified by their Member State.
ARTICLE 1, POINT 10 Article 9, paragraph 1 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 1 (Directive 97/67/EC)
For services which are outside the scope of the universal service as defined in Article 3, Member States may introduce general authorisations to the extent necessary in order to guarantee compliance with the essential requirements.
For services which are outside the scope of the universal service as defined in Article 3, Member States may introduce general authorisations to the extent necessary in order to guarantee compliance with the essential requirements.
For non-reserved services which are outside the scope of the universal service as defined in Article 3, Member States may introduce general authorisations to the extent necessary in order to guarantee compliance with the essential requirements .
For non-reserved services which are outside the scope of the universal service as defined in Article 3, Member States may introduce general authorisations to the extent necessary in order to guarantee compliance with the essential requirements .
Change to paragraph 1 is intended to restore the original text of the Directive.
Change to paragraph 1 is intended to restore the original text of the Directive.
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 1 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 1 (Directive 97/67/EC)
For non-reserved services which are within the scope of the universal service as defined in Article 3, Member States may introduce authorisation procedures, including individual licences, to the extent necessary in order to guarantee compliance with the essential requirements and to safeguard the universal service.
For non-reserved services which are within the scope of the universal service as defined in Article 3, Member States may introduce authorisation procedures, including individual licences, to the extent necessary in order to guarantee compliance with the essential requirements and to safeguard the universal service.
Change to paragraph 2 is intended to restore the original text of the Directive.
Change to paragraph 2 is intended to restore the original text of the Directive.
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 2 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 2 (Directive 97/67/EC)
– if necessary , impose requirements concerning the quality, availability and performance of the relevant services,
– if necessary , impose requirements concerning the quality, availability and performance of the relevant services,
– impose , inter alia, requirements concerning the quality, availability and performance of the relevant services ; provided that they are compatible with Community law and are set out in the invitation to tender or in the specifications, such requirements may, in particular, concern social and environmental considerations ,
– impose , inter alia, requirements concerning the quality, availability and performance of the relevant services ; provided that they are compatible with Community law and are set out in the invitation to tender or in the specifications, such requirements may, in particular, concern social and environmental considerations ,
This amendment adds legal certainty and complies with EU public procurement legislation as it is comparable to Article 38 the Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (Article 38).
This amendment adds legal certainty and complies with EU public procurement legislation as it is comparable to Article 38 the Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (Article 38).
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 3 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 3 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 3 a (new) (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 2, indent 3 a (new) (Directive 97/67/EC)
– be subject to an obligation 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.
– be subject to an obligation 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.
This amendment must be read together with Article 4’s first insertion as it aims at enhancing the scope of the workers protection to the situation licensees are operating within the USO.
This amendment must be read together with Article 4’s first insertion as it aims at enhancing the scope of the workers protection to the situation licensees are operating within the USO.
Indeed, the same issue as in the situation of a USP designation, may occur, i.e. the loss by the historical USP of an activity/a market segment, to the profit of a licensee.
Indeed, the same issue as in the situation of a USP designation, may occur, i.e. the loss by the historical USP of an activity/a market segment, to the profit of a licensee.
The same protection must be insured to possibly affected workers.
The same protection must be insured to possibly affected workers.
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 3 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2, subparagraph 3 (Directive 97/67/EC)
Except in the case of undertakings that have been designated as universal service providers in accordance with Article 4, authorisations may not:
Except in the case of undertakings that have been designated as universal service providers in accordance with Article 4, authorisations may not:
– be limited in number,
– be limited in number,
– for the same quality, availability and performance requirements impose on a service provider universal service obligations and, at the same time, financial contributions to a sharing mechanism,
– for the same quality, availability and performance requirements impose on a service provider universal service obligations and, at the same time, financial contributions to a sharing mechanism,
– duplicate conditions which are applicable to undertakings by virtue of other, non sector specific, national legislation,
– duplicate conditions which are applicable to undertakings 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.
– impose technical or operational conditions other than those necessary to fulfil the obligations of this Directive.
ARTICLE 1, POINT 10 Article 9, paragraph 2 a (new) (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 2 a (new) (Directive 97/67/EC)
The provisions of paragraphs 1 and 2 shall be without prejudice to Member States’ responsibilities for regulating working conditions.
The provisions of paragraphs 1 and 2 shall be without prejudice to Member States’ responsibilities for regulating working conditions.
Member States may in particular take measures to provide for decent working conditions in the postal sector.
Member States may in particular take measures to provide for decent working conditions in the postal sector.
ARTICLE 1, POINT 10 Article 9, paragraph 3 (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 3 (Directive 97/67/EC)
The procedures, obligations and requirements referred to in paragraphs 1 and 2 shall be transparent, accessible, non-discriminatory, proportionate, precise and unambiguous, made public in advance and based on objective criteria.
The procedures, obligations and requirements referred to in paragraphs 1 and 2 shall be transparent, accessible, non-discriminatory, proportionate, precise and unambiguous, made public in advance and based on objective criteria.
Member States shall ensure that the reasons for refusing an authorisation in whole or in part are communicated to the applicant and must establish an appeal procedure.’
Member States shall ensure that the reasons for refusing an authorisation in whole or in part are communicated to the applicant and must establish an appeal procedure.’
The procedures, obligations and requirements referred to in paragraphs 1, 2 and 2a shall be transparent, accessible, non-discriminatory, proportionate, precise and unambiguous, made public in advance and based on objective criteria.
The procedures, obligations and requirements referred to in paragraphs 1, 2 and 2a shall be transparent, accessible, non-discriminatory, proportionate, precise and unambiguous, made public in advance and based on objective criteria.
Member States must ensure that the reasons for refusing an authorisation in whole or in part are communicated to the applicant and must establish an appeal procedure.
Member States must ensure that the reasons for refusing an authorisation in whole or in part are communicated to the applicant and must establish an appeal procedure.
ARTICLE 1, POINT 10 Article 9, paragraph 3 a (new) (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 3 a (new) (Directive 97/67/EC)
In order to ensure that the universal service is safeguarded, where a Member State determines that the universal service obligations, as provided for by this Directive, represent an unfair financial burden for the universal service provider, it may establish a compensation fund administered for this purpose by a body independent of the beneficiary or beneficiaries.
In order to ensure that the universal service is safeguarded, where a Member State determines that the universal service obligations, as provided for by this Directive, represent an unfair financial burden for the universal service provider, it may establish a compensation fund administered for this purpose by a body independent of the beneficiary or beneficiaries.
In such a case, it may make the granting of authorisation subject to an obligation to make a financial contribution to that fund.
In such a case, it may make the granting of authorisation subject to an obligation to make a financial contribution to that fund.
The Member State concerned must ensure that the principles of transparency, non-discrimination and proportionality are respected in establishing the compensation fund and when setting the level of the financial contributions.
The Member State concerned must ensure that the principles of transparency, non-discrimination and proportionality are respected in establishing the compensation fund and when setting the level of the financial contributions.
The new paragraph 3 a is identical to paragraph 4 of the current Directive: the compensation fund foreseen in paragraph 4 must be maintained insofar a new Commission study on the financing of the universal service is produced.
The new paragraph 3 a is identical to paragraph 4 of the current Directive: the compensation fund foreseen in paragraph 4 must be maintained insofar a new Commission study on the financing of the universal service is produced.
ARTICLE 1, POINT 10 Article 9, paragraph 3 b (new) (Directive 97/67/EC)
ARTICLE 1, POINT 10 Article 9, paragraph 3 b (new) (Directive 97/67/EC)
Member States may provide for an identification system for direct mail, allowing the supervision of such services where they are liberalised.
Member States may provide for an identification system for direct mail, allowing the supervision of such services where they are liberalised.
The new paragraph 3 b is identical to paragraph 5 of the current Directive: the reference to direct mail in paragraph 5 must be kept as it is part of the reserved area
The new paragraph 3 b is identical to paragraph 5 of the current Directive: the reference to direct mail in paragraph 5 must be kept as it is part of the reserved area
ARTICLE 1, POINT 11 Article 10, paragraph 1 (Directive 97/67/EC)
ARTICLE 1, POINT 11 Article 10, paragraph 1 (Directive 97/67/EC)
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.
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.
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 non-reserved postal services to the public.
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 non-reserved postal services to the public.
As a reserved area is to be maintained, the distinction between reserved and non-reserved postal services must be kept.
As a reserved area is to be maintained, the distinction between reserved and non-reserved postal services must be kept.
ARTICLE 1, POINT 14, POINT (A) Article 12, indent 1 (Directive 97/67/EC)
ARTICLE 1, POINT 14, POINT (A) Article 12, indent 1 (Directive 97/67/EC)
- prices must be affordable and must be such that all users have access to the services provided.
- prices must be affordable and must be such that all users have access to the services provided.
Member States may maintain or introduce free postal service for blind and partially sighted persons,
Member States may maintain or introduce free postal service for blind and partially sighted persons,
National regulatory authorities shall monitor all price increases in excess of the national consumer price index in order to ensure that postal services remain affordable.
National regulatory authorities shall monitor all price increases in excess of the national consumer price index in order to ensure that postal services remain affordable.
Member States shall ensure the provision of free postal services for use by blind and partially sighted persons,
Member States shall ensure the provision of free postal services for use by blind and partially sighted persons,
ARTICLE 1, POINT 14, POINT (B) Article 12, indent 2 (Directive 97/67/EC)
ARTICLE 1, POINT 14, POINT (B) Article 12, indent 2 (Directive 97/67/EC)
- prices must be cost-oriented and stimulate efficiency gains ; whenever necessary for reasons relating to the public interest, Member States may decide that a uniform tariff should be applied throughout their national territory and/or to the territories of other Member States, to services provided at single piece tariff and to other items,
- prices must be cost-oriented and stimulate efficiency gains ; whenever necessary for reasons relating to the public interest, Member States may decide that a uniform tariff should be applied throughout their national territory and/or to the territories of other Member States, to services provided at single piece tariff and to other items,
- prices must be cost-oriented; whenever necessary for reasons relating to the public interest, Member States may decide that a uniform tariff should be applied throughout their national territory,
- prices must be cost-oriented; whenever necessary for reasons relating to the public interest, Member States may decide that a uniform tariff should be applied throughout their national territory,
Efficiency gains must be stimulated by means of an adequate management of staff, infrastructure and services provided, not by means of tariffs.
Efficiency gains must be stimulated by means of an adequate management of staff, infrastructure and services provided, not by means of tariffs.
Reference to single piece tariff has been taken out from this draft opinion (see am 17).
Reference to single piece tariff has been taken out from this draft opinion (see am 17).
ARTICLE 1, POINT 14, POINT (D)
ARTICLE 1, POINT 14, POINT (D)
Article 12, indent 6 (Directive 97/67/EC)
Article 12, indent 6 (Directive 97/67/EC)
(d) The sixth indent is deleted.
(d) The sixth indent is deleted.
The maintenance of a reserved area for postal services justifies the maintenance of current rules on cross-subsidisation in Article 12, sixth indent, of Directive 97/67/EC.
The maintenance of a reserved area for postal services justifies the maintenance of current rules on cross-subsidisation in Article 12, sixth indent, of Directive 97/67/EC.
Amendment 48
Amendment 48
ARTICLE 1, POINT 15 Article 14, paragraph 2 (Directive 97/67/EC)
ARTICLE 1, POINT 15 Article 14, paragraph 2 (Directive 97/67/EC)
The universal service providers shall keep separate accounts within their internal accounting systems to clearly distinguish between services and products which receive or contribute to the financial compensation for the net costs of the universal service and those services and products which do not.
The universal service providers shall keep separate accounts within their internal accounting systems to clearly distinguish between services and products which receive or contribute to the financial compensation for the net costs of the universal service and those services and products which do not.
This accounting separation shall allow Member States to calculate the net cost of the universal service .
This accounting separation shall allow Member States to 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.
Such internal accounting systems shall operate on the basis of consistently applied and objectively justifiable cost accounting principles.
The universal service providers shall keep separate accounts within their internal accounting systems at least for each of the services within the reserved sector on the one hand and for the non-reserved services on the other.
The universal service providers shall keep separate accounts within their internal accounting systems at least for each of the services within the reserved sector on the one hand and for the non-reserved services on the other.
The accounts for the non-reserved services should clearly distinguish between services that are part of the universal service and those that are not .
The accounts for the non-reserved services should clearly distinguish between services that are part of the universal service and those that are not .
The maintenance of a reserved area for postal services justifies the maintenance of current text of Art 14(2) of Directive 97/67/EC.
The maintenance of a reserved area for postal services justifies the maintenance of current text of Art 14(2) of Directive 97/67/EC.
ARTICLE 1, POINT 15 Article 14, paragraph 3 (Directive 97/67/EC)
ARTICLE 1, POINT 15 Article 14, paragraph 3 (Directive 97/67/EC)
The accounting systems referred to in paragraph 2 shall, without prejudice to paragraph 4, allocate costs in the following manner:
The accounting systems referred to in paragraph 2 shall, without prejudice to paragraph 4, allocate costs in the following manner:
The accounting systems referred to in paragraph 2 shall, without prejudice to paragraph 4, allocate costs to each of the reserved and to the non-reserved services respectively in the following manner:
The accounting systems referred to in paragraph 2 shall, without prejudice to paragraph 4, allocate costs to each of the reserved and to the non-reserved services respectively in the following manner:
(a) costs which can be directly assigned to a particular service or product shall be so assigned;
(a) costs which can be directly assigned to a particular service or product shall be so assigned;
(a) costs which can be directly assigned to a particular service shall be so assigned;
(a) costs which can be directly assigned to a particular service shall be so assigned;
(b) common costs, that is costs which cannot be directly assigned to a particular service or product, shall be allocated as follows:
(b) common costs, that is costs which cannot be directly assigned to a particular service or product, shall be allocated as follows:
(i) whenever possible, common costs shall be allocated on the basis of direct analysis of the origin of the costs themselves;
(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 allocation is possible; the indirect linkage shall be based on comparable cost structures;
(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 allocation is possible; the indirect linkage shall be based on comparable cost structures;