natgillin/translations-raw huggingface dataset:
(22) In an environment where several postal undertakings provide services within the universal service area, it is appropriate to require all Member States to assess 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 users and consumers by ensuring the overall quality of the postal service.
(22) In an environment where several postal undertakings provide services within the universal service area, it is appropriate to require all Member States to assess 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 users and consumers by ensuring the overall quality of the postal service.
As the legal and market situation of these elements or services is different in Member States it is appropriate to only require Member States to adopt an informed decision on the need, extent and choice of the regulatory instrument, including where appropriate on cost sharing.
As the legal and market situation of these elements or services is different in Member States it is appropriate to only require Member States to adopt an informed decision on the need, extent and choice of the regulatory instrument, 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 public postal network under conditions of transparency and non discrimination.
This provision is without prejudice to the right of Member States to adopt measures to ensure access to the public postal network under conditions of transparency and non discrimination.
(22) In an environment where several postal undertakings provide services within the universal service area, it is appropriate to require all Member States to assess 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 users by ensuring the overall quality of the postal service.
(22) In an environment where several postal undertakings provide services within the universal service area, it is appropriate to require all Member States to assess 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 users by ensuring the overall quality of the postal service.
The term 'users' includes also 'consumers', therefore using both terms could lead to misinterpretation of the Directive.
The term 'users' includes also 'consumers', therefore using both terms could lead to misinterpretation of the Directive.
(23) Given the importance of postal services for blind and partially sighted persons, it is appropriate to confirm that the process of market opening should not curtail the continuing supply of certain free services for blind and partially sighted persons introduced by the Member States in accordance with applicable international obligations.
(23) Given the importance of postal services for blind and partially sighted persons, it is appropriate to confirm that the process of market opening should not curtail the continuing supply of certain free services for blind and partially sighted persons introduced by the Member States in accordance with applicable international obligations.
(23) Given the importance of postal services for blind and partially sighted persons, it is appropriate to confirm that in a competitive and liberalised market there should be an obligation to supply free services for blind and partially sighted persons introduced by the Member States.
(23) Given the importance of postal services for blind and partially sighted persons, it is appropriate to confirm that in a competitive and liberalised market there should be an obligation to supply free services for blind and partially sighted persons introduced by the Member States.
RECITAL 25 A (new)
RECITAL 25 A (new)
(25a) The Commission, after receiving sufficient information on the national postal markets from the national regulatory authorities, should issue guidance on the calculation of the net costs of universal services and on the application of the proposed financing mechanism(s), notably with regard to competition rules and State aid rules.
(25a) The Commission, after receiving sufficient information on the national postal markets from the national regulatory authorities, should issue guidance on the calculation of the net costs of universal services and on the application of the proposed financing mechanism(s), notably with regard to competition rules and State aid rules.
The Commission proposal as it currently stands does not provide sufficient guidelines to Member States, either on the calculation of the universal services' net costs, or on the financing mechanisms of the universal services.
The Commission proposal as it currently stands does not provide sufficient guidelines to Member States, either on the calculation of the universal services' net costs, or on the financing mechanisms of the universal services.
This may lead to legal uncertainty in national markets delaying the implementation and transposition of the Directive, and thus have a direct effect on the creation of an internal market for postal services.
This may lead to legal uncertainty in national markets delaying the implementation and transposition of the Directive, and thus have a direct effect on the creation of an internal market for postal services.
RECITAL 26 A (new)
RECITAL 26 A (new)
(26 a) In order to increase legal ce rtainty and to facilitate the investment decisions of all postal operators, the Commission should issue guidance on the application of the competition rules and State aid rules in the postal sector by way of an interpretative communication or other means, and also guidance on the cost allocation principles set out in Article 14(3).
(26 a) In order to increase legal ce r tainty and to facilitate the investment decisions of all postal operators, the Commission should issue guidance on the application of the competition rules and State aid rules in the postal sector by way of an interpret a tive communication or other means, and also guidance on the cost allocation principles set out in Article 14(3).
Moreover, cooperation between national regulatory authorities in continuing to d evelop benchmarks and guidelines in this area, should contribute to the harmonised application of these rules.
Moreover, cooperation between national regulatory authorities in continuing to d e velop benchmarks and guidelines in this area, should contribute to the harmonised applic a tion of these rules.
Monitoring State aid and cross-subsidisation under the EC Treaty is the exclusive competence of the European Commission.
aid and cross-subsidisation under the EC Treaty is the exclusive competence of the European Commission.
Allowing Member States to decide how to monitor cross-subsidisation is contrary to the system e stablished by the Treaty.
Allowing Member States to decide how to monitor cross-subsidisation is contrary to the system e s tablished by the Treaty.
However, there is a clear need in the market for guidance from the Commission on how best to apply the competition rules (including the rules on State aid) to the postal sector.
However, there is a clear need in the market for guidance from the Commission on how best to apply the competition rules (including the rules on State aid) to the postal sector.
The Commission should therefore adopt a notice on the application of the competition rules (including the rules on State aid) to the postal sector.
The Commission should therefore adopt a notice on the application of the competition rules (including the rules on State aid) to the postal sector.
See the proposed amendment of Art icle 23.
See the proposed amendment of Art i cle 23.
If the out-of-court settlement procedure is to be feasible, the burden of proof must be reversed, so that it is the postal service providers that have to prove that they have fully met their obligations.
If the out-of-court settlement procedure is to be feasible, the burden of proof must be reversed, so that it is the postal service providers that have to prove that they have fully met their obligations.
(32) National regulatory authorities should , where necessary , coordinate their actions with the regulatory bodies of other Member States and with the Commission in carrying out their tasks under this Directive.
(32) National regulatory authorities should , where necessary , coordinate their actions with the regulatory bodies of other Member States and with the Commission in carrying out their tasks under this Directive.
(32) National regulatory authorities should exchange best practices and coordinate their actions with the regulatory bodies of other Member States and with the Commission in carrying out their tasks under this Directive.
(32) National regulatory authorities should exchange best practices and coordinate their actions with the regulatory bodies of other Member States and with the Commission in carrying out their tasks under this Directive.
The Commission, in its regular report to the European Parliament and the Council on the implementation of this Directive, should examine the necessity of further developing an operational European regulatory authority for postal services.
The Commission, in its regular report to the European Parliament and the Council on the implementation of this Directive, should examine the necessity of further developing an operational European regulatory authority for postal services.
The Commission should examine the competence and functioning of a European regulatory authority, as a platform for national regulatory authorities to exchange measures of administrative cooperation and benchmarking and as the European Commission's advisory body on technical issues and the better implementation and monitoring of compliance to Community legislation at the national level.
The Commission should examine the competence and functioning of a European regulatory authority, as a platform for national regulatory authorities to exchange measures of administrative cooperation and benchmarking and as the European Commission's advisory body on technical issues and the better implementation and monitoring of compliance to Community legislation at the national level.
Similar arrangements have been made in the case of the telecoms, financial and energy sectors.
Similar arrangements have been made in the case of the telecoms, financial and energy sectors.
RECITAL 33
RECITAL 33
(33) National regulatory authorities need to gather information from market players in order to carry out their tasks effectively.
(33) National regulatory authorities need to gather information from market players in order to carry out their tasks effectively.
Requests for information should be proportionate and not impose an undue burden on undertakings.
Requests for information should be proportionate and not impose an undue burden on undertakings.
Such information may also need to be gathered by the Commission, to allow it to fulfil its obligations under Community Law.
Such information may also need to be gathered by the Commission, to allow it to fulfil its obligations under Community Law.
Such information should be provided in due time and in confidence, where necessary, and should be used only for the purpose for which it was requested.
Such information should be provided in due time and in confidence, where necessary, and should be used only for the purpose for which it was requested.
The request of information must, where appropriate, take place within the limits of confidentiality and the exact exercise by national regulatory authorities of their tasks.
The request of information must, where appropriate, take place within the limits of confidentiality and the exact exercise by national regulatory authorities of their tasks.
Otherwise, information provided from postal operators may be used in a manner hampering fair competition within an internal market.
Otherwise, information provided from postal operators may be used in a manner hampering fair competition within an internal market.
ARTICLE 1, POINT 2, POINT (- A) (new) Article 2, point 2) (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (- A) (new) Article 2, point 2) (Directive 97/67/EC)
-a ) point 2 is replaced by the following text:
-a ) point 2 is replaced by the following text:
"2) 'postal network of the universal service provider(s)': the system of organisation and resources of all kinds used by the universal service provider(s) for the purposes in particular of:
"2) 'postal network of the universal service provider(s)': the system of organisation and resources of all kinds used by the universal service provider(s) for the purposes in particular of:
— the clearance of postal items covered by a universal service obligation from access points throughout the territory for which the universal service provider(s) have been appointed
— the clearance of postal items covered by a universal service obligation from access points throughout the territory for which the universal service provider(s) have been appointed
— the routing and handling of those items from the postal network access point to the distribution centre,
— the routing and handling of those items from the postal network access point to the distribution centre,
— distribution to the addresses shown on items;"
— distribution to the addresses shown on items;"
(Same wording as that of Directive 97/67/EC, with some additions)
(Same wording as that of Directive 97/67/EC, with some additions)
As the provision of various elements of the universal service may be entrusted to one or more service providers (see amended Article 4), who may be public or private, it makes no sense to continue to consider that a public postal network exists.
As the provision of various elements of the universal service may be entrusted to one or more service providers (see amended Article 4), who may be public or private, it makes no sense to continue to consider that a public postal network exists.
It is more appropriate to refer to the postal network of the universal service provider(s).
It is more appropriate to refer to the postal network of the universal service provider(s).
Furthermore, the possibility that several universal service providers could be appointed to cover part of the national territory should be included in this definition.
Furthermore, the possibility that several universal service providers could be appointed to cover part of the national territory should be included in this definition.
ARTICLE 1, POINT 2, POINT (-A A) (new) Article 2, point 3) (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (-A A) (new) Article 2, point 3) (Directive 97/67/EC)
- aa) Point 3 is replaced by the following text:
- aa) Point 3 is replaced by the following text:
3) 'access points': physical facilities, including letterboxes provided for the public, either on the public highway, or at the premises of the universal service provider(s), where postal items may be deposited with these providers;
3) 'access points': physical facilities, including letterboxes provided for the public, either on the public highway, or at the premises of the universal service provider(s), where postal items may be deposited with these providers;
ARTICLE 1, POINT 2, POINT (A A) (new) Article 2, point 7) (Directive 97/67/EC)
ARTICLE 1, POINT 2, POINT (A A) (new) Article 2, point 7) (Directive 97/67/EC)
aa) Point 7 is replaced by the following text:
aa) Point 7 is replaced by the following text:
"7) 'Item of correspondence': a communication in written form, including direct mail, on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping.
"7) 'Item of correspondence': a communication in written form, including direct mail, on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping.
Books, catalogues, newspapers and periodicals shall not be regarded as items of correspondence;"
Books, catalogues, newspapers and periodicals shall not be regarded as items of correspondence;"
The reference to direct mail gives a clear indication that the specific nature of this sector of the postal market has been recognised in the postal sector.
The reference to direct mail gives a clear indication that the specific nature of this sector of the postal market has been recognised in the postal sector.
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)
ARTICLE 1, POINT 2, POINT (C) Article 2, point 20 (Directive 97/67/CE)
ARTICLE 1, POINT 2, POINT (C) Article 2, point 20 (Directive 97/67/CE)
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.
20: services provided at single piece tariff: postal services for which the tariff is set for the collection, sorting, transport and delivery of individual postal items.
20: services provided at single piece tariff: postal services for which the tariff is set for the collection, sorting, transport and delivery of individual postal items.
Simplification of the current text.
Simplification of the current text.
This provides more legal certainty.
This provides more legal certainty.
It defines the single piece tariff concept irrespective of the operator and type of activity it performs.
It defines the single piece tariff concept irrespective of the operator and type of activity it performs.
Article 4, paragraph 1 (Directive 97/67/EC)
Article 4, paragraph 1 (Directive 97/67/EC)
Each Member State shall entrust to its designated national regulatory authority or authorities the task of monitoring the detailed provision of the service.
Each Member State shall entrust to its designated national regulatory authority or authorities the task of monitoring the detailed provision of the service.
Where necessary, the relevant authority may impose provisions to guarantee the universal service according to Article 9, in consultation with interested parties.
Where necessary, the relevant authority may impose provisions to guarantee the universal service according to Article 9, in consultation with interested parties.
Guaranteeing the provision of universal services is crucial.
Guaranteeing the provision of universal services is crucial.
It is thus important for the national regulatory authorities to not only be responsible for the monitoring of the postal market, but also for guaranteeing the universal services' provision, by imposing provisions that will strengthen the establishment of an internal market for postal services.
It is thus important for the national regulatory authorities to not only be responsible for the monitoring of the postal market, but also for guaranteeing the universal services' provision, by imposing provisions that will strengthen the establishment of an internal market for postal services.
ARTICLE 1, POINT 4 Article 4, paragraph 2 (Directive 97/67/EC)
ARTICLE 1, POINT 4 Article 4, paragraph 2 (Directive 97/67/EC)
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 .
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, without prejudice to the continuity of universal postal service, which is a guarantor of social and territorial cohesion.
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, without prejudice to the continuity of universal postal service, which is a guarantor of social and territorial cohesion.
The Member States may require that universal service provision should extend to the whole of national territory.
The Member States may require that universal service provision should extend to the whole of national territory.
In view of the geography of certain Member States (mountain regions, sparsely populated rural areas, etc.), it may be inappropriate to issue regional calls for tender for provision of universal postal service.
In view of the geography of certain Member States (mountain regions, sparsely populated rural areas, etc.), it may be inappropriate to issue regional calls for tender for provision of universal postal service.
In fact, awarding universal service to several regional operators would undoubtedly affect the continuity of the public postal service and the quality of the service offered to consumers, as several different operators would be involved in transporting postal items, particularly as regards guaranteed delivery times.
In fact, awarding universal service to several regional operators would undoubtedly affect the continuity of the public postal service and the quality of the service offered to consumers, as several different operators would be involved in transporting postal items, particularly as regards guaranteed delivery times.
ARTICLE 1, POINT 5 A (new) Article 5 a (new) (Directive 97/67/EC)
ARTICLE 1, POINT 5 A (new) Article 5 a (new) (Directive 97/67/EC)
5a) The following article is inserted
5a) The following article is inserted
'Article 5 a
'Article 5 a
Member States may decide to make publicly available within their territory additional services to those covered under the universal service obligation.'
Member States may decide to make publicly available within their territory additional services to those covered under the universal service obligation.'
Adding this article makes it possible to ensure that all Member State can assign to postal operators public service tasks other than those covered by universal postal service such as newspaper transport and regional development tasks.
Adding this article makes it possible to ensure that all Member State can assign to postal operators public service tasks other than those covered by universal postal service such as newspaper transport and regional development tasks.
These tasks are independent of those required under universal service and should not be financed in the same way.
These tasks are independent of those required under universal service and should not be financed in the same way.
A similar provision is included in the electronic communications package.
A similar provision is included in the electronic communications package.
ARTICLE 1, POINT 6 Article 6, paragraph 1 (Directive 97/67/EC)
ARTICLE 1, POINT 6 Article 6, paragraph 1 (Directive 97/67/EC)