natgillin/translations-raw huggingface dataset:
At the end of 2006 the Commission submitted:
At the end of 2006 the Commission submitted:
1. a Proposal for a directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services (COM(2006) 594),
1. a Proposal for a directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services (COM(2006) 594),
2. a Prospective study on the impact on universal service of the full accomplishment of the postal internal market in 2009 (COM(2006) 596),
2. a Prospective study on the impact on universal service of the full accomplishment of the postal internal market in 2009 (COM(2006) 596),
3. two documents containing the results of the impact assessment (SEC (2006) 1291 and 1292),
3. two documents containing the results of the impact assessment (SEC (2006) 1291 and 1292),
4. a report on the on the application of the Postal Directive (COM(2006) 595).
4. a report on the on the application of the Postal Directive (COM(2006) 595).
By submitting documents 1 and 2 above, the Commission has complied with its obligations under Article 7(3) of the Postal Services Directive.
By submitting documents 1 and 2 above, the Commission has complied with its obligations under Article 7(3) of the Postal Services Directive.
Commission’s preparatory work and studies
Commission’s preparatory work and studies
The Commission proposal is based on a large number of studies.
The Commission proposal is based on a large number of studies.
Since 1997, 14 studies were commissioned which were then supplemented by six larger studies between 2004 and 2006.
Since 1997, 14 studies were commissioned which were then supplemented by six larger studies between 2004 and 2006.
Ten open workshops and a Eurobarometer survey on consumer satisfaction followed.
Ten open workshops and a Eurobarometer survey on consumer satisfaction followed.
The Commission also carried out a public consultation exercise, during which 2295 questionnaires and 103 other written contributions were submitted.
The Commission also carried out a public consultation exercise, during which 2295 questionnaires and 103 other written contributions were submitted.
Prospective study
Prospective study
The prospective study is based essentially on the results of a 2006 sector study by PriceWaterhouseCoopers (PWC) on the Impact on Universal Service of the Full Market Accomplishment of the Postal Market.
The prospective study is based essentially on the results of a 2006 sector study by PriceWaterhouseCoopers (PWC) on the Impact on Universal Service of the Full Market Accomplishment of the Postal Market.
This study may be inspected in full on the Internet at
This study may be inspected in full on the Internet at
It merely notes, for remote regions, that there may be a need for assisting measures if insufficient alternatives are offered by market actors.
It merely notes, for remote regions, that there may be a need for assisting measures if insufficient alternatives are offered by market actors.
On quality of service, it expects standards to be maintained; however, it mentions that regulatory controls could be necessary for less attractive market segments.
On quality of service, it expects standards to be maintained; however, it mentions that regulatory controls could be necessary for less attractive market segments.
In general, it assumes that the services on offer will be more closely geared to customer needs and willingness to pay.
In general, it assumes that the services on offer will be more closely geared to customer needs and willingness to pay.
As regards the criterion of affordable prices, the Commission feels that upper price limits might be considered.
As regards the criterion of affordable prices, the Commission feels that upper price limits might be considered.
On the financing of the universal service, the Commission assumes that, following full market opening, market forces will contribute to a more efficient universal service provision and limit costs, though at the same time it stresses that future of universal service cannot be put solely in the hands of market forces.
On the financing of the universal service, the Commission assumes that, following full market opening, market forces will contribute to a more efficient universal service provision and limit costs, though at the same time it stresses that future of universal service cannot be put solely in the hands of market forces.
The possible need for ad hoc financing and regulatory measures is mentioned.
The possible need for ad hoc financing and regulatory measures is mentioned.
Employment: The Commission assumes that the opening of the market will lead to an expansion of postal markets and ultimately contribute to maintaining sustainable employment within universal service providers and creating new jobs with new operators.
Employment: The Commission assumes that the opening of the market will lead to an expansion of postal markets and ultimately contribute to maintaining sustainable employment within universal service providers and creating new jobs with new operators.
The PWC study comes to the conclusion that the opening of the market in 2009 would not endanger the provision of the universal service in any of the Member States – a view which is expressed in other studies too.
The PWC study comes to the conclusion that the opening of the market in 2009 would not endanger the provision of the universal service in any of the Member States – a view which is expressed in other studies too.
Flanking measures are regarded as necessary in individual cases, but it is not felt to be either necessary or appropriate to postpone the date for market opening.
Flanking measures are regarded as necessary in individual cases, but it is not felt to be either necessary or appropriate to postpone the date for market opening.
The study fears that a delay in market opening would send the wrong signal to the market.
The study fears that a delay in market opening would send the wrong signal to the market.
The lack of regulatory certainty might discourage the investments needed to meet the new challenges of the market.
The lack of regulatory certainty might discourage the investments needed to meet the new challenges of the market.
The study considers that appropriate flanking measures to guarantee the provision of the universal service can best be taken at Member State level.
The study considers that appropriate flanking measures to guarantee the provision of the universal service can best be taken at Member State level.
Impact assessment
Impact assessment
The impact assessment (SEC(2006) 1291 and 1292) begins by setting out four basic options:
The impact assessment (SEC(2006) 1291 and 1292) begins by setting out four basic options:
· Option A – no legislative proposal.
· Option A – no legislative proposal.
It is important to remember that the Postal Services Directive contains a “sunset clause” in Article 27, whereby the directive will expire on 31 December 2008.
It is important to remember that the Postal Services Directive contains a “sunset clause” in Article 27, whereby the directive will expire on 31 December 2008.
In other words, if no new proposal has entered into force by then, the postal sector would be governed primarily by EC Treaty rules (in particular the competition rules under Article 86 and Commission decisions and/or directives under Article 86(3)).
In other words, if no new proposal has entered into force by then, the postal sector would be governed primarily by EC Treaty rules (in particular the competition rules under Article 86 and Commission decisions and/or directives under Article 86(3)).
· Option B – a substantially new and comprehensive postal services directive.
· Option B – a substantially new and comprehensive postal services directive.
· Option C – prolongation of the existing Postal Directive beyond 2009 – in this option only the sunset clause ("expiry clause") in Article 27 would be deleted
· Option C – prolongation of the existing Postal Directive beyond 2009 – in this option only the sunset clause ("expiry clause") in Article 27 would be deleted
· Option D – adapting the existing Directive.
· Option D – adapting the existing Directive.
Under this option, the framework already established would be maintained and built on.
Under this option, the framework already established would be maintained and built on.
This is the strategy pursued in the proposed directive.
This is the strategy pursued in the proposed directive.
Owing to lack of space it is not possible to go into further detail on this analysis here: your rapporteur recommends reading the study.
Owing to lack of space it is not possible to go into further detail on this analysis here: your rapporteur recommends reading the study.
The results of the impact assessment are of course ultimately reflected in the proposal for a directive.
The results of the impact assessment are of course ultimately reflected in the proposal for a directive.
The Commission proposal in detail
The Commission proposal in detail
The aim of the Commission proposal is:
The aim of the Commission proposal is:
· to accomplish the internal market in postal services, i.e. to remove exclusive and special rights in the postal sector, while at the same time
· to accomplish the internal market in postal services, i.e. to remove exclusive and special rights in the postal sector, while at the same time
· to sustainably safeguard high-quality universal services at affordable prices, and
· to sustainably safeguard high-quality universal services at affordable prices, and
· to set harmonised principles for the regulation of postal services.
· to set harmonised principles for the regulation of postal services.
Individual points:
Individual points:
Timetable: The Commission confirms the date of 1 January 2009 for full market opening laid down in the existing Postal Services Directive: from that date there are to be no more exclusive or special rights for individual undertakings.
Timetable: The Commission confirms the date of 1 January 2009 for full market opening laid down in the existing Postal Services Directive: from that date there are to be no more exclusive or special rights for individual undertakings.
Flanking measures:
Flanking measures:
· The mandatory ex-ante designation of universal service provider(s) (Article 4 of the current version of the Postal Services Directive) is also to be abolished.
· The mandatory ex-ante designation of universal service provider(s) (Article 4 of the current version of the Postal Services Directive) is also to be abolished.
The Member States themselves are to determine the most efficient and appropriate mechanism for the provision – by one or more undertakings – of the universal service.
The Member States themselves are to determine the most efficient and appropriate mechanism for the provision – by one or more undertakings – of the universal service.
The conditions under which the universal services are entrusted must be based on the principles of objectivity, transparency, non-discrimination, proportionality and least market distortion.
The conditions under which the universal services are entrusted must be based on the principles of objectivity, transparency, non-discrimination, proportionality and least market distortion.
· Universal service tariffs must be oriented to costs.
· Universal service tariffs must be oriented to costs.
Only in clearly defined exceptional cases is it permitted to deviate from the principle that prices for postal services must be cost-oriented.
Only in clearly defined exceptional cases is it permitted to deviate from the principle that prices for postal services must be cost-oriented.
The Commission proposes that the Member States should limit tariff uniformity to items subject to single piece tariffs, i.e. to the services which are mostly used by consumers and small enterprises (Article 12, second indent).
The Commission proposes that the Member States should limit tariff uniformity to items subject to single piece tariffs, i.e. to the services which are mostly used by consumers and small enterprises (Article 12, second indent).
· Financing of the universal service.
· Financing of the universal service.
The new Article 7 lists the alternatives open to the Member States for financing the universal service after the abolition of exclusive rights.
The new Article 7 lists the alternatives open to the Member States for financing the universal service after the abolition of exclusive rights.
This list comprises:
This list comprises:
· public compensation,
· public compensation,
· public procurement procedures,
· public procurement procedures,
· possibility of introducing a compensation fund.
· possibility of introducing a compensation fund.
Other features of the proposal:
Other features of the proposal:
· The Member States may continue to use authorisation and individual licenses (Article 9), though the proposal is stricter in specifying which conditions are allowed and which are prohibited.
· The Member States may continue to use authorisation and individual licenses (Article 9), though the proposal is stricter in specifying which conditions are allowed and which are prohibited.
· Access to central postal infrastructures and services: A new Article 11a is proposed which permits the Member States to ensure, under certain conditions, that transparent and non-discriminatory access conditions are available to particular elements of postal infrastructure ( postcode system, post office boxes, collection and delivery boxes etc.).
· Access to central postal infrastructures and services: A new Article 11a is proposed which permits the Member States to ensure, under certain conditions, that transparent and non-discriminatory access conditions are available to particular elements of postal infrastructure ( postcode system, post office boxes, collection and delivery boxes etc.).
To this end, the application of minimum principles concerning complaint procedures is extended beyond universal service provider(s).
To this end, the application of minimum principles concerning complaint procedures is extended beyond universal service provider(s).
· National regulatory authorities: The role of national regulatory authorities is likely to remain crucial, in particular during the transition to competition.
· National regulatory authorities: The role of national regulatory authorities is likely to remain crucial, in particular during the transition to competition.
Article 22 calls for the authorities’ regulatory functions to be separated from activities associated with ownership of postal operators, and for greater transparency in the allocation of regulatory duties.
Article 22 calls for the authorities’ regulatory functions to be separated from activities associated with ownership of postal operators, and for greater transparency in the allocation of regulatory duties.
Your rapporteur’s assessment and recommendations
Your rapporteur’s assessment and recommendations
Apart from the confirmation of 2009 as the target date for the reserved sector, the key topics at issue are now the following:
Apart from the confirmation of 2009 as the target date for the reserved sector, the key topics at issue are now the following:
· Extent of the universal service – its evolution into a consumer protection instrument
· Extent of the universal service – its evolution into a consumer protection instrument
· Financing mechanisms – following the abolition of the reserved sector, is there a need for alternative financing mechanisms?
· Financing mechanisms – following the abolition of the reserved sector, is there a need for alternative financing mechanisms?
· Access to specific postal infrastructure facilities: are special rules needed?
· Access to specific postal infrastructure facilities: are special rules needed?
Your rapporteur has held numerous detailed discussions with operators in the postal sector and has formed a comprehensive overview of their ideas.
Your rapporteur has held numerous detailed discussions with operators in the postal sector and has formed a comprehensive overview of their ideas.
In the light of the wide-ranging material available in the form of studies, your rapporteur considers that Parliament now has plenty of documentary evidence on which to base a decision and that there is no need for further hearings, etc.
In the light of the wide-ranging material available in the form of studies, your rapporteur considers that Parliament now has plenty of documentary evidence on which to base a decision and that there is no need for further hearings, etc.
Your rapporteur is convinced that the Commission is basically pursuing the right course and supports the broad lines of the proposal:
Your rapporteur is convinced that the Commission is basically pursuing the right course and supports the broad lines of the proposal:
The 2009 deadline should come as no surprise to postal operators: it is already in the existing version of the Postal Services Directive and is thus already based on a conscious decision by the European legislator.
The 2009 deadline should come as no surprise to postal operators: it is already in the existing version of the Postal Services Directive and is thus already based on a conscious decision by the European legislator.
Plenty of preparatory time was allowed, and your rapporteur considers that it is now important to send a clear and reliable signal on market opening.
Plenty of preparatory time was allowed, and your rapporteur considers that it is now important to send a clear and reliable signal on market opening.
Any further delays would create uncertainty, make market actors uneasy and ultimately penalise those countries and undertakings which have acted as pioneers in this field.
Any further delays would create uncertainty, make market actors uneasy and ultimately penalise those countries and undertakings which have acted as pioneers in this field.
Your rapporteur also recalls the positive conclusion which Parliament drew, in an own-initiative report back in February 2006, on developments in the market so far and the harmonisation framework put in place ( P6_TA(2006)0040 ).
Your rapporteur also recalls the positive conclusion which Parliament drew, in an own-initiative report back in February 2006, on developments in the market so far and the harmonisation framework put in place ( P6_TA(2006)0040 ).
Your rapporteur has, nonetheless, tabled a number of amendments on individual points requiring addition or clarification.
Your rapporteur has, nonetheless, tabled a number of amendments on individual points requiring addition or clarification.
The key points of these amendments are:
The key points of these amendments are:
a) A balanced solution needs to be found to the question of the extent of the universal service.
a) A balanced solution needs to be found to the question of the extent of the universal service.
Small private customers still need protection and guarantees of the kind offered by Article 3 if they are to send and receive small quantities of letters under reasonable conditions, while different conditions apply to larger business customers: under competition, bulk mailing services are provided in accordance with demand; providers react flexibly and develop new services.
Small private customers still need protection and guarantees of the kind offered by Article 3 if they are to send and receive small quantities of letters under reasonable conditions, while different conditions apply to larger business customers: under competition, bulk mailing services are provided in accordance with demand; providers react flexibly and develop new services.
Your rapporteur proposes that this dichotomy should be taken into account and that the universal service be converted into an instrument of consumer protection – in other words, it should be restricted to individual items.
Your rapporteur proposes that this dichotomy should be taken into account and that the universal service be converted into an instrument of consumer protection – in other words, it should be restricted to individual items.
Large business customers and bulk mailers do not require any such protection, and so it would be possible to avoid unnecessary interventions in the provision of these services can be avoided (cf. amendments to recital 14 and Article 13(1)).
Large business customers and bulk mailers do not require any such protection, and so it would be possible to avoid unnecessary interventions in the provision of these services can be avoided (cf. amendments to recital 14 and Article 13(1)).
b) Your rapporteur is aware of the importance to the consumer of affordable prices for postal services.
b) Your rapporteur is aware of the importance to the consumer of affordable prices for postal services.
It is right that this point should remain enshrined in the revised version of the directive.
It is right that this point should remain enshrined in the revised version of the directive.
However, two amendments to Article 12 seek to clarify these concepts and underline the options for the national regulatory authorities in this connection.
However, two amendments to Article 12 seek to clarify these concepts and underline the options for the national regulatory authorities in this connection.
c) Another important complex of issues relates to the status and rights of workers in the postal sector.
c) Another important complex of issues relates to the status and rights of workers in the postal sector.
To that end, your rapporteur calls for the inclusion of a new Article 9(3a) clarifying the Member States’ options for regulating the conditions of employment.
To that end, your rapporteur calls for the inclusion of a new Article 9(3a) clarifying the Member States’ options for regulating the conditions of employment.
d) The question of accounting (new version of Article 14) is of crucial importance, since imprecise accounting can easily lead to distortions of the market.
d) The question of accounting (new version of Article 14) is of crucial importance, since imprecise accounting can easily lead to distortions of the market.
Your rapporteur has tabled an amendment seeking to define more precisely the allocation of common costs (costs which cannot be allocated directly to a particular service or product).
Your rapporteur has tabled an amendment seeking to define more precisely the allocation of common costs (costs which cannot be allocated directly to a particular service or product).
A further amendment seeks to guarantee the application of Article 14 even when no other universal service providers have been appointed, since even where there is only one provider, distorted accounting by this provider could effectively act as a barrier to market access.
A further amendment seeks to guarantee the application of Article 14 even when no other universal service providers have been appointed, since even where there is only one provider, distorted accounting by this provider could effectively act as a barrier to market access.
e) A further complex of issues related to accounting is that of cross-subsidy.
e) A further complex of issues related to accounting is that of cross-subsidy.
On this topic your rapporteur has tabled two amendments to recitals.
On this topic your rapporteur has tabled two amendments to recitals.
The first seeks to make clear that the monitoring of cross-subsidy falls within the Commission’s sphere of competence: Recital 25 should therefore be deleted.
The first seeks to make clear that the monitoring of cross-subsidy falls within the Commission’s sphere of competence: Recital 25 should therefore be deleted.
The second amendment, to Recital 26, seeks to achieve a clear allocation of common costs on the basis of their origin in order to avoid cross-subsidy.
The second amendment, to Recital 26, seeks to achieve a clear allocation of common costs on the basis of their origin in order to avoid cross-subsidy.
f) Clear rules on competition law and state aids are another important element in an operational postal market.
f) Clear rules on competition law and state aids are another important element in an operational postal market.