natgillin/translations-raw huggingface dataset:
To that end your rapporteur has tabled two amendments (on Recital 26a and Article 23) which urge the Commission to provide interpretative communications on these matters.
To that end your rapporteur has tabled two amendments (on Recital 26a and Article 23) which urge the Commission to provide interpretative communications on these matters.
g) The amendments on the collection of statistics (on Article 22a (1b)) and on a longer interval between Commission reports (Article 23) are intended to contribute to the dismantling of administrative / bureaucratic burdens.
g) The amendments on the collection of statistics (on Article 22a (1b)) and on a longer interval between Commission reports (Article 23) are intended to contribute to the dismantling of administrative / bureaucratic burdens.
h) Further amendments relate to access to the distribution network (Article 11a) and interoperability (Recital 22).
h) Further amendments relate to access to the distribution network (Article 11a) and interoperability (Recital 22).
On the matter of financing, your rapporteur considers that the Commission's list (Article 7) offers the Member States appropriate solutions.
On the matter of financing, your rapporteur considers that the Commission's list (Article 7) offers the Member States appropriate solutions.
Additional solutions which go beyond this list have been suggested to your rapporteur during the course of his consultations, but no convincing alternative concepts have been put forward.
Additional solutions which go beyond this list have been suggested to your rapporteur during the course of his consultations, but no convincing alternative concepts have been put forward.
Your rapporteur has therefore not tabled any amendments on this point.
Your rapporteur has therefore not tabled any amendments on this point.
Finally, your rapporteur would draw attention once again to the expiry clause (“sunset clause”) with a cut-off point of 21 December 2008.
Finally, your rapporteur would draw attention once again to the expiry clause (“sunset clause”) with a cut-off point of 21 December 2008.
This deadline stands as a warning to Parliament and Council to take decisive action, so that we are not faced with the risk of the Directive expiring at the beginning of 2009 and having to resort to primary law, thereby relinquishing our legislative competence.
This deadline stands as a warning to Parliament and Council to take decisive action, so that we are not faced with the risk of the Directive expiring at the beginning of 2009 and having to resort to primary law, thereby relinquishing our legislative competence.
on the proposal for a directive of the European Parliament and of the Council directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services
on the proposal for a directive of the European Parliament and of the Council directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services
On 18 October 2006, in accordance with the second postal directive of the European Parliament and of the Council of 10 June 2002 (2002/39/EC), and on the basis of a study undertaken by the consultants PricewaterhouseCoopers in 2006
On 18 October 2006, in accordance with the second postal directive of the European Parliament and of the Council of 10 June 2002 (2002/39/EC), and on the basis of a study undertaken by the consultants PricewaterhouseCoopers in 2006
'The impact on universal service of the full market accomplishment of the postal internal market in 2009', PricewaterhouseCoopers, 2006. , the Commission adopted a proposal for a directive seeking to complete the internal market in Community postal services.
'The impact on universal service of the full market accomplishment of the postal internal market in 2009', PricewaterhouseCoopers, 2006. , the Commission adopted a proposal for a directive seeking to complete the internal market in Community postal services.
The main plank of the proposal for a directive is the elimination of the 'reserved area' (residual monopoly) for mail weighing less than 50 grams, with effect from 1 January 2009.
The main plank of the proposal for a directive is the elimination of the 'reserved area' (residual monopoly) for mail weighing less than 50 grams, with effect from 1 January 2009.
The main question raised by this final stage in the liberalisation of postal service is the financing of universal service and possible additional public postal service obligations.
The main question raised by this final stage in the liberalisation of postal service is the financing of universal service and possible additional public postal service obligations.
I - The two main points of the Commission proposal
I - The two main points of the Commission proposal
1) Ensuring compatibility between liberalisation and the financing of universal service
1) Ensuring compatibility between liberalisation and the financing of universal service
Ø The main focus of the Commission's proposal is to be found in the provisions of the new Article 7 it is introducing into the postal directive, which:
Ø The main focus of the Commission's proposal is to be found in the provisions of the new Article 7 it is introducing into the postal directive, which:
- abolishes the 'reserved area' with effect from 1 January 2009;
- abolishes the 'reserved area' with effect from 1 January 2009;
- introduces the principle of ensuring provision of universal service, in a framework of competition and with due regard for public procurement rules (paragraph 2) by those Member States which so desire;
- introduces the principle of ensuring provision of universal service, in a framework of competition and with due regard for public procurement rules (paragraph 2) by those Member States which so desire;
- introduces the principle of evaluating the net cost of public service obligations and the possibility of sharing their cost (paragraph 3):
- introduces the principle of evaluating the net cost of public service obligations and the possibility of sharing their cost (paragraph 3):
- by state aids;
- by state aids;
- by a compensation fund which may be financed by service providers' and/or users' fees
- by a compensation fund which may be financed by service providers' and/or users' fees
- or by a 'pay-or-play' mechanism, making the granting of authorisations subject to universal service obligations or the financing of a compensation fund.
- or by a 'pay-or-play' mechanism, making the granting of authorisations subject to universal service obligations or the financing of a compensation fund.
Ø The Commission proposal also introduces procedures for authorisation and granting of licenses which are subject to compliance with essential universal service obligations (Article 9), transparent and non-discriminatory access to the downstream sector (distribution) of postal infrastructure (Article 11a), and rules on accounting separation and cost calculation distinguishing between providers of market services and providers of universal service (Article 14).
Ø The Commission proposal also introduces procedures for authorisation and granting of licenses which are subject to compliance with essential universal service obligations (Article 9), transparent and non-discriminatory access to the downstream sector (distribution) of postal infrastructure (Article 11a), and rules on accounting separation and cost calculation distinguishing between providers of market services and providers of universal service (Article 14).
Ø It lays down rules on consumer protection, dealing with complaints and means of redress (Article 19) and spells out the tasks to be undertaken by national regulatory authorities (Article 22).
Ø It lays down rules on consumer protection, dealing with complaints and means of redress (Article 19) and spells out the tasks to be undertaken by national regulatory authorities (Article 22).
2) Financing of universal service: a choice of options for Member States
2) Financing of universal service: a choice of options for Member States
Ø In place of the 'reserved area' the Commission is proposing several financing options for Member States (subsidiarity principle), including:
Ø In place of the 'reserved area' the Commission is proposing several financing options for Member States (subsidiarity principle), including:
- a compensation fund financed either by levies either on entrants or items.
- a compensation fund financed either by levies either on entrants or items.
- an authorisation procedure including a profitable and a non-profitable zone .
- an authorisation procedure including a profitable and a non-profitable zone .
- a 'pay-or-play' type procedure , which would entail either choosing to finance universal service or paying a fee, which would be tantamount to a combination of the two preceding procedures.
- a 'pay-or-play' type procedure , which would entail either choosing to finance universal service or paying a fee, which would be tantamount to a combination of the two preceding procedures.
II - New proposals by draftsman:
II - New proposals by draftsman:
1) First proposal : retain the 'reserved area' as one of the ways of financing universal service offered to Member States
1) First proposal : retain the 'reserved area' as one of the ways of financing universal service offered to Member States
While the various methods of financing universal service proposed by the Commission in its proposal for a directive are worthy of examination, there is no objective reason why the 'reserved area' option should be ruled out:
While the various methods of financing universal service proposed by the Commission in its proposal for a directive are worthy of examination, there is no objective reason why the 'reserved area' option should be ruled out:
- In fact, none of these new modes of funding has provided irrefutable proof of superiority over the 'reserved area' system, which is accepted without challenge by users, is transparent and neutral, does not entail state aid, involves law transaction costs and few disputes and is generally validated by economic theory.
- In fact, none of these new modes of funding has provided irrefutable proof of superiority over the 'reserved area' system, which is accepted without challenge by users, is transparent and neutral, does not entail state aid, involves law transaction costs and few disputes and is generally validated by economic theory.
- Secondly, the need to comply with the subsidiarity principle when choosing the mode of financing universal service means that the directive should not exclude any of the options.
- Secondly, the need to comply with the subsidiarity principle when choosing the mode of financing universal service means that the directive should not exclude any of the options.
Since recent scientific studies
Since recent scientific studies
Boldron F., Joram D., Martin L. and Roy B., - « From Size of the Box to the Costs of Universal Service Obligation: A Cross-Country Comparison », in “Liberalization of the Postal and Delivery Sector”, edited by Michael Crew and Paul Kleindorfer, Edward Elgar, 2006. clearly show that national variables such as topography, population density and the habits of postal services consumers (average number of items delivered per inhabitant) produce considerable disparities in the cost of supplying the same universal services, it is not so much the 'reserved area' system that appears questionable, but rather the setting of a standard threshold in all Member States (currently 50 grams).
Boldron F., Joram D., Martin L. and Roy B., - « From Size of the Box to the Costs of Universal Service Obligation: A Cross-Country Comparison », in “Liberalization of the Postal and Delivery Sector”, edited by Michael Crew and Paul Kleindorfer, Edward Elgar, 2006. clearly show that national variables such as topography, population density and the habits of postal services consumers (average number of items delivered per inhabitant) produce considerable disparities in the cost of supplying the same universal services, it is not so much the 'reserved area' system that appears questionable, but rather the setting of a standard threshold in all Member States (currently 50 grams).
There is therefore no economic or logical reason for ruling out the 'reserved area' system as a possible means of financing universal postal services, provided the cost of supplying that service can be calculated accurately in each Member State on the basis of the abovementioned national variables.
There is therefore no economic or logical reason for ruling out the 'reserved area' system as a possible means of financing universal postal services, provided the cost of supplying that service can be calculated accurately in each Member State on the basis of the abovementioned national variables.
2) Second proposal : adjusting the 'reserved area' threshold for individual Member States on the basis of the principle of actual costs/threshold proportionality.
2) Second proposal : adjusting the 'reserved area' threshold for individual Member States on the basis of the principle of actual costs/threshold proportionality.
While it is perfectly natural that new types of mechanisms for financing universal service should be proposed to the Member States, it is to be regretted that:
While it is perfectly natural that new types of mechanisms for financing universal service should be proposed to the Member States, it is to be regretted that:
Ø the Commission has not taken the time to have a serious and independent comparative study carried out into their cost, and the established or theoretical benefits of the various modes of financing universal service put forward, including the 'reserved area'.
Ø the Commission has not taken the time to have a serious and independent comparative study carried out into their cost, and the established or theoretical benefits of the various modes of financing universal service put forward, including the 'reserved area'.
Ø the Commission has at no time proposed adjusting the 'reserved area' threshold on the basis of the cost of providing universal service in the various Member States, as calculated by various scientific studies
Ø the Commission has at no time proposed adjusting the 'reserved area' threshold on the basis of the cost of providing universal service in the various Member States, as calculated by various scientific studies
Ibid. , so as to rid this method of financing of the abuses of monopoly position and distortions of competition it currently entails as a result of not being based on actual costs.
Ibid. , so as to rid this method of financing of the abuses of monopoly position and distortions of competition it currently entails as a result of not being based on actual costs.
Accordingly, your draftsman proposes that:
Accordingly, your draftsman proposes that:
1. the reserved area system be reintroduced in Article 7 as one of the methods for financing universal service offered to Member States, subject to it being based on the actual costs incurred for providing the universal service in the Member States.
1. the reserved area system be reintroduced in Article 7 as one of the methods for financing universal service offered to Member States, subject to it being based on the actual costs incurred for providing the universal service in the Member States.
2. the Commission be asked to draw up an accurate and comparative assessment of the different financing methods, based on an independent study entailing a comparative assessment of the various financing methods used worldwide, to be undertaken between now and 1 January 2009.
2. the Commission be asked to draw up an accurate and comparative assessment of the different financing methods, based on an independent study entailing a comparative assessment of the various financing methods used worldwide, to be undertaken between now and 1 January 2009.
3. a proposal for full liberalisation of the internal market in postal services be drawn up based on the conclusions of this study, proposing either a choice between the various methods of financing universal service or the adoption of one of these methods.
3. a proposal for full liberalisation of the internal market in postal services be drawn up based on the conclusions of this study, proposing either a choice between the various methods of financing universal service or the adoption of one of these methods.
The Committee on Economic and Monetary Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Economic and Monetary Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
RECITAL 3 A (new)
RECITAL 3 A (new)
(3a) A further delay in completing liberalisation would be harmful for EU business and consumers alike.
(3a) A further delay in completing liberalisation would be harmful for EU business and consumers alike.
Developments as regards substitution, technical evolution and changing customer behaviour contradict the maintenance of existing monopolies and cross-subsidies in the postal sector.
Developments as regards substitution, technical evolution and changing customer behaviour contradict the maintenance of existing monopolies and cross-subsidies in the postal sector.
(4) The measures in this area should be designed in such a way that the tasks of the Community pursuant to Article 2 of the EC Treaty, namely, to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States are achieved as objectives.
(4) The measures in this area should be designed in such a way that the tasks of the Community pursuant to Article 2 of the EC Treaty, namely, to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States are achieved as objectives.
In particular, care should be taken that measures in this area do not lead to unstable working conditions.
In particular, care should be taken that measures in this area do not lead to unstable working conditions.
A level playing field should be ensured for all market participants.
A level playing field should be ensured for all market participants.
In opening the market to competition it needs to be remembered that working conditions require special protection, particularly as regards stability of employment and income.
In opening the market to competition it needs to be remembered that working conditions require special protection, particularly as regards stability of employment and income.
Equal conditions need to be guaranteed for all market participants so as to avoid distortions of competition.
Equal conditions need to be guaranteed for all market participants so as to avoid distortions of competition.
RECITAL 4 A (new)
RECITAL 4 A (new)
(4a) European postal markets have undergone dramatic changes in recent years, a development that has been propelled by technological advancements and increased competition due to deregulation.
(4a) European postal markets have undergone dramatic changes in recent years, a development that has been propelled by technological advancements and increased competition due to deregulation.
Due to globalisation, it is essential to take a pro-active, pro-development stance so as not to deprive ourselves and our citizens of the benefits of such changes.
Due to globalisation, it is essential to take a pro-active, pro-development stance so as not to deprive ourselves and our citizens of the benefits of such changes.
RECITAL 8
RECITAL 8
(8) According to the prospective study the basic aim of safeguarding the sustainable provision of a universal service matching the standard of quality defined by the Member States in accordance with Directive 97/67/EC , can be secured throughout the Community by 2009 without the need for a reserved area.
(8) According to the prospective study the basic aim of safeguarding the sustainable provision of a universal service matching the standard of quality defined by the Member States in accordance with Directive 97/67/EC , can be secured throughout the Community by 2009 without the need for a reserved area.
(8) According to the prospective study , and particularly with regard to alternative financing solutions, the basic aim of safeguarding the sustainable provision of a universal service matching the standard of quality defined by the Member States in accordance with Directive 97/67/EC cannot be secured throughout the Community by 2009 without a reserved area for those Member States where such a financing method proves to be necessary .
(8) According to the prospective study , and particularly with regard to alternative financing solutions, the basic aim of safeguarding the sustainable provision of a universal service matching the standard of quality defined by the Member States in accordance with Directive 97/67/EC cannot be secured throughout the Community by 2009 without a reserved area for those Member States where such a financing method proves to be necessary .
Until the Commission has undertaken a thorough review of the financing methods for the universal service, and in view of the difficulties encountered by certain Member States, the reserved area cannot be excluded as a method of financing the universal service.
Until the Commission has undertaken a thorough review of the financing methods for the universal service, and in view of the difficulties encountered by certain Member States, the reserved area cannot be excluded as a method of financing the universal service.
RECITAL 10 A (new)
RECITAL 10 A (new)
(10a) If the universal service is to be maintained and funded without heavy state subsidies, the market must be liberalised and the service providers allowed to operate and compete on a level playing field.
(10a) If the universal service is to be maintained and funded without heavy state subsidies, the market must be liberalised and the service providers allowed to operate and compete on a level playing field.
That will not be the case while the terms differ depending on whether some of the old Member States took action when Directive 97/67/EC was first adopted, whereas others failed to take the steps necessary to prepare for a gradual and controlled approach towards liberalisation
That will not be the case while the terms differ depending on whether some of the old Member States took action when Directive 97/67/EC was first adopted, whereas others failed to take the steps necessary to prepare for a gradual and controlled approach towards liberalisation
(24) In a fully competitive environment, it is important , both for the financial equilibrium of the universal service as well as for limiting market distortions, that the principle that prices reflect normal commercial conditions and costs is only departed from in order to protect public interests .
(24) In a fully competitive environment, it is important , both for the financial equilibrium of the universal service as well as for limiting market distortions, that the principle that prices reflect normal commercial conditions and costs is only departed from in order to protect public interests .
This objective is achieved by continuing to allow Member States to maintain uniform tariffs for single piece tariff mail, the service most frequently used by consumers and small and medium size enterprises.
This objective is achieved by continuing to allow Member States to maintain uniform tariffs for single piece tariff mail, the service most frequently used by consumers and small and medium size enterprises.