natgillin/translations-raw huggingface dataset:
Member States may furthermore avail themselves of the opportunity offered by the period of transposition, as well as the substantial time necessary for the introduction of effective competition, to proceed with further modernisation and restructuring of the universal service providers as necessary.
Member States may furthermore avail themselves of the opportunity offered by the period of transposition, as well as the substantial time necessary for the introduction of effective competition, to proceed with further modernisation and restructuring of the universal service providers as necessary.
(9) The progressive and gradual opening of postal markets to competition has allowed universal service providers to put in place modernisation and restructuring measures and enabled Member States to adapt their regulatory systems to a more open environment , but long-term viability under fully opened market conditions is not yet guaranteed .
(9) The progressive and gradual opening of postal markets to competition has allowed universal service providers to put in place modernisation and restructuring measures and enabled Member States to adapt their regulatory systems to a more open environment , but long-term viability under fully opened market conditions is not yet guaranteed .
(10) The prospective study shows that the reserved area should no longer be the preferred solution for the financing of the universal service .
(10) The prospective study shows that the reserved area should no longer be the preferred solution for the financing of the universal service .
This assessment takes into account the interest of the Community and its Member States in the accomplishment of the internal market and its potential for delivering growth and employment, as well as ensuring the availability of an efficient service of general economic interest for all users.
This assessment takes into account the interest of the Community and its Member States in the accomplishment of the internal market and its potential for delivering growth and employment, as well as ensuring the availability of an efficient service of general economic interest for all users.
It is therefore appropriate to confirm the date of 1 January 2009 as the final step in the accomplishment of the internal market for postal services .
It is therefore appropriate to confirm the date of 1 January 2009 as the final step in the accomplishment of the internal market for postal services .
(10) Although the prospective study attempts to show that the reserved area should no longer be the preferred solution for the financing of the universal service , this assessment does not take into account the interest of the Community and its Member States in delivering more and better employment, as well as ensuring the availability of an efficient and accessible service of general economic interest for all users.
(10) Although the prospective study attempts to show that the reserved area should no longer be the preferred solution for the financing of the universal service , this assessment does not take into account the interest of the Community and its Member States in delivering more and better employment, as well as ensuring the availability of an efficient and accessible service of general economic interest for all users.
It would therefore be more appropriate to postpone the date of 1 January 2009 as the final step in the accomplishment of the internal market for postal services to a later date .
It would therefore be more appropriate to postpone the date of 1 January 2009 as the final step in the accomplishment of the internal market for postal services to a later date .
Market opening needs to be deferred until the Commission undertakes a new study focusing on financing and employment.
Market opening needs to be deferred until the Commission undertakes a new study focusing on financing and employment.
(12) Complete market-opening will help to expand the overall size of the postal markets ; it will further contribute to maintaining sustainable and quality employment within universal service providers as well as facilitating the creation of new jobs in other operators, new entrants and associated economic activities.
(12) Complete market-opening will help to expand the overall size of the postal markets ; it will further contribute to maintaining sustainable and quality employment within universal service providers as well as facilitating the creation of new jobs in other operators, new entrants and associated economic activities.
The present Directive is without prejudice to the competence of Member States to regulate employment conditions in the postal services sector.
The present Directive is without prejudice to the competence of Member States to regulate employment conditions in the postal services sector.
(12) While complete market-opening will help to expand the overall size of the postal markets , it also needs to further contribute to maintaining sustainable and quality employment within universal service providers as well as facilitating the creation of new jobs in other operators, new entrants and associated economic activities.
(12) While complete market-opening will help to expand the overall size of the postal markets , it also needs to further contribute to maintaining sustainable and quality employment within universal service providers as well as facilitating the creation of new jobs in other operators, new entrants and associated economic activities.
It is also important not to downgrade working conditions by undermining sector-based collective agreements as efficient tools safeguarding against a race to the bottom.
It is also important not to downgrade working conditions by undermining sector-based collective agreements as efficient tools safeguarding against a race to the bottom.
Contrary to other network industries, labour costs represent around 80 % of operators' costs and are essentially fixed costs for incumbent operators.
Contrary to other network industries, labour costs represent around 80 % of operators' costs and are essentially fixed costs for incumbent operators.
Only sectoral collective agreements can guarantee quality employment conditions given the specificity of the sector.
Only sectoral collective agreements can guarantee quality employment conditions given the specificity of the sector.
(13) Increased competitiveness should furthermore enable the postal sector to be integrated with alternative methods of communication and allow the quality of the service provided to ever-more demanding users to be improved.
(13) Increased competitiveness should furthermore enable the postal sector to be integrated with alternative methods of communication and allow the quality of the service provided to ever-more demanding users to be improved.
Further market opening will continue to benefit particularly consumers and small and medium-sized enterprises, both as senders and as recipients of mail, by bringing in quality improvements, wider choice, passed-on price reductions, innovative services and business models.
Further market opening will continue to benefit particularly consumers and small and medium-sized enterprises, both as senders and as recipients of mail, by bringing in quality improvements, wider choice, passed-on price reductions, innovative services and business models.
(14) The developments in the neighbouring communications markets have had a varied impact in different regions of the Community and segments of the population and the use of postal services.
(14) The developments in the neighbouring communications markets have had a varied impact in different regions of the Community and segments of the population and the use of postal services.
Territorial and social cohesion should be maintained, and taking into account that Member States may adapt some specific service features to accommodate local demand by applying flexibility provided in Directive 97/67/EC, it is appropriate to fully maintain the universal service and the associated quality requirements set out in the said Directive.
Territorial and social cohesion should be maintained, and taking into account that Member States may adapt some specific service features to accommodate local demand by applying flexibility provided in Directive 97/67/EC, it is appropriate to fully maintain the universal service and the associated quality requirements set out in the said Directive.
In order to ensure that market opening continues to benefit all users, in particular consumers and small and medium size enterprises, Member States must monitor and supervise market developments.
In order to ensure that market opening continues to benefit all users, in particular consumers and small and medium size enterprises, Member States must monitor and supervise market developments.
They must take appropriate regulatory measures, available under the Directive, to ensure that accessibility to postal services continues to satisfy the needs of users including, by ensuring, where appropriate, a minimum number of services at the same access point.
They must take appropriate regulatory measures, available under the Directive, to ensure that accessibility to postal services continues to satisfy the needs of users including, by ensuring, where appropriate, a minimum number of services at the same access point.
At the same time, the Member States should introduce and enforce appropriate penalties for profiteering, restrictive practices, discrimination, etc. by service providers at the expense of users.
At the same time, the Member States should introduce and enforce appropriate penalties for profiteering, restrictive practices, discrimination, etc. by service providers at the expense of users.
RECITAL 14 A (new)
RECITAL 14 A (new)
(14a) The universal service assured by this Directive guarantees one clearance and one delivery to the home or premises of every natural or legal person every working day, even in remote or sparsely-populated areas.
(14a) The universal service assured by this Directive guarantees one clearance and one delivery to the home or premises of every natural or legal person every working day, even in remote or sparsely-populated areas.
RECITAL 17
RECITAL 17
(17) In the light of the studies carried out and with a view to unlocking the full potential of the internal market for postal services , it is appropriate to end the use of the reserved area and special rights as a way of ensuring the financing of the universal service.
(17) In the light of the studies carried out and with a view to unlocking the full potential of the internal market for postal services , it is appropriate to end the use of the reserved area and special rights as a way of ensuring the financing of the universal service.
(17) In the light of the lack of solid solutions for the financing of the universal service , it is prudent to maintain the use of the reserved area and special rights as a way of ensuring the financing of the universal service until a new study provides evidence of the creation of more and better jobs as well as sources for financing a universal service including good accessibility and quality .
(17) In the light of the lack of solid solutions for the financing of the universal service , it is prudent to maintain the use of the reserved area and special rights as a way of ensuring the financing of the universal service until a new study provides evidence of the creation of more and better jobs as well as sources for financing a universal service including good accessibility and quality .
Among the solutions proposed by the Commission, Member State subsidy is the probably the most concrete proposal, however, this can put substantial pressure on national budgets.
Among the solutions proposed by the Commission, Member State subsidy is the probably the most concrete proposal, however, this can put substantial pressure on national budgets.
Therefore, the efficiency of the other sources needs to be proven before the reserved area is lifted.
Therefore, the efficiency of the other sources needs to be proven before the reserved area is lifted.
(18) The external financing of the residual net costs of universal service may still be necessary for some Member States.
(18) The external financing of the residual net costs of universal service may still be necessary for some Member States.
It is therefore appropriate to explicitly clarify the alternatives available to ensure the financing of the universal service, to the extent that this is needed and is adequately justified, while leaving Member States the choice of the financing mechanisms to be used.
It is therefore appropriate to explicitly clarify the alternatives available to ensure the financing of the universal service, to the extent that this is needed and is adequately justified, while leaving Member States the choice of the financing mechanisms to be used.
These alternatives include the use of public procurement procedures and, whenever universal service obligations entail net costs of universal service and represent an unfair burden for the designated undertaking, public compensation and cost sharing between service providers and/or users in a transparent fashion by means of contributions to a compensation fund.
These alternatives include the use of public procurement procedures and, whenever universal service obligations entail net costs of universal service and represent an unfair burden for the designated undertaking, public compensation and cost sharing between service providers and/or users in a transparent fashion by means of contributions to a compensation fund.
Member States may use other means of financing permitted by Community Law, such as deciding that the profits accruing from other activities of the universal service providers outside the scope of the universal service are to be assigned in whole or in part to the financing of the net costs of the universal service, as long as they are compatible with the present Directive.
Member States may use other means of financing permitted by Community Law, such as deciding that the profits accruing from other activities of the universal service providers outside the scope of the universal service are to be assigned in whole or in part to the financing of the net costs of the universal service, as long as they are compatible with the present Directive.
(18) Financing of the residual net costs of universal service continues to be necessary for the Member States via the reserved area and special rights .
(18) Financing of the residual net costs of universal service continues to be necessary for the Member States via the reserved area and special rights .
It is therefore appropriate to propose satisfactory alternatives available to ensure the financing of the universal service in the event of full market-opening, to the extent that this is needed and is adequately justified, while leaving to Member States the choice of the financing mechanisms to be used.
It is therefore appropriate to propose satisfactory alternatives available to ensure the financing of the universal service in the event of full market-opening, to the extent that this is needed and is adequately justified, while leaving to Member States the choice of the financing mechanisms to be used.
Public procurement procedures, public compensation and cost sharing between service providers by means of contributions to a compensation fund remains to be proven as an effective solution .
Public procurement procedures, public compensation and cost sharing between service providers by means of contributions to a compensation fund remains to be proven as an effective solution .
Moreover, the potential ending of the monopoly cannot be exchanged for hypothetical financing mechanisms whose solidity and ability to ensure a sustainable universal service also remain to be proven.
Moreover, the potential ending of the monopoly cannot be exchanged for hypothetical financing mechanisms whose solidity and ability to ensure a sustainable universal service also remain to be proven.
In this paragraph, Commission reverses the logic and the objective becomes the adaptation of the universal service to market opening while it should be the other way around.
In this paragraph, Commission reverses the logic and the objective becomes the adaptation of the universal service to market opening while it should be the other way around.
It is inadmissible that users bear the net residual cost of a universal service by imposing a levy on them, whereas at present the reserved service does not involve any specific charges for users.
It is inadmissible that users bear the net residual cost of a universal service by imposing a levy on them, whereas at present the reserved service does not involve any specific charges for users.
(19) In order to determine which undertakings may be required to contribute to a compensation fund, Member States should consider whether the services provided by such undertakings may, from a user's perspective, be regarded as substitutable to universal services, taking into account the characteristics of the services, including added value features, and their intended use.
(19) In order to determine which undertakings may be required to contribute to a compensation fund, Member States should consider whether the services provided by such undertakings may, from a user's perspective, be regarded as substitutable to universal services, taking into account the characteristics of the services, including added value features, and their intended use.
In order to be considered substitutable, the services do not necessarily have to cover all the features of the universal service, such as daily delivery or complete national coverage.
In order to be considered substitutable, the services do not necessarily have to cover all the features of the universal service, such as daily delivery or complete national coverage.
In order to comply with the proportionality principle when determining the contribution to the costs of the provision of universal service in a Member State asked from these undertakings, Member States should use transparent and non discriminatory criteria such as the share of these undertakings in the activities falling within the scope of the universal service in this Member State.
In order to comply with the proportionality principle when determining the contribution to the costs of the provision of universal service in a Member State asked from these undertakings, Member States should use transparent and non discriminatory criteria such as the share of these undertakings in the activities falling within the scope of the universal service in this Member State.
(20) The principles of transparency, non-discrimination and proportionality contained in Directive 97/67/EC must continue to be applied to any financing mechanism and any decision in this area be based on transparent, objective and verifiable criteria.
(20) The principles of transparency, non-discrimination and proportionality contained in Directive 97/67/EC must continue to be applied to any financing mechanism and any decision in this area be based on transparent, objective and verifiable criteria.
In particular, the net cost of universal service is to be calculated, under the responsibility of the national regulatory authority, as the difference between the net costs for a designated undertaking operating with the universal service obligations and operating without the universal service obligations.
In particular, the net cost of universal service is to be calculated, under the responsibility of the national regulatory authority, as the difference between the net costs for a designated undertaking operating with the universal service obligations and operating without the universal service obligations.
The calculation shall take into account all other relevant elements, including any market benefits which accrue to an undertaking designated to provide universal service, the entitlement to a reasonable profit and incentives for cost efficiency.
The calculation shall take into account all other relevant elements, including any market benefits which accrue to an undertaking designated to provide universal service, the entitlement to a reasonable profit and incentives for cost efficiency.
(21) Member States should be allowed to use authorisation and individual licenses whenever justified and proportionate to the objective pursued.
(21) Member States should be allowed to use authorisation and individual licenses whenever justified and proportionate to the objective pursued.
However, as highlighted by the third Report on the Application of Directive 97/67/EC, further harmonisation of the conditions that may be introduced appears necessary to reduce unjustified barriers to the provision of services in the internal market.
However, as highlighted by the third Report on the Application of Directive 97/67/EC, further harmonisation of the conditions that may be introduced appears necessary to reduce unjustified barriers to the provision of services in the internal market.
In this context, Member States may for example allow undertakings to choose between the obligation to provide a service or to contribute financially to the costs of this service provided by another undertaking, but should no longer be allowed to impose the concurrent requirement to contribute to a sharing mechanism and the imposition of universal service or quality obligations that are intended to serve the same purpose.
In this context, Member States may for example allow undertakings to choose between the obligation to provide a service or to contribute financially to the costs of this service provided by another undertaking, but should no longer be allowed to impose the concurrent requirement to contribute to a sharing mechanism and the imposition of universal service or quality obligations that are intended to serve the same purpose.
It is also appropriate to clarify that some of the provisions on authorisation and licensing should not apply to designated universal service providers.
It is also appropriate to clarify that some of the provisions on authorisation and licensing should not apply to designated universal service providers.
idem as above
idem as above
(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.
(24) In an increasingly 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 an increasingly 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 items of correspondence which are 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 items of correspondence which are most frequently used by consumers and small and medium size enterprises.
See justification to the amendment to article 1, point 14, point d)
See justification to the amendment to article 1, point 14, point d)
Amendment 19
Amendment 19
RECITAL 34
RECITAL 34