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Document 52006AR0395
Opinion of the Committee of the Regions on Community postal services
Opinion of the Committee of the Regions on Community postal services
Opinion of the Committee of the Regions on Community postal services
IO C 197, 24.8.2007, p. 37–47
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.8.2007 |
EN |
Official Journal of the European Union |
C 197/37 |
Opinion of the Committee of the Regions on Community postal services
(2007/C 197/07)
THE COMMITTEE OF THE REGIONS
— |
is of the view that the timetable for the accomplishment of the postal internal market by 2009 as proposed in the Directive 2002/39 of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services should be postponed to 31 December 2010 and also allow for a transitional period until 2012 for those Member States that deem it necessary. The legal issues behind the options presented for the financing of the universal service obligations have to be clarified in advance by the Commission; in its next report, and by 31 December 2010 at the latest, the Commission, following a broad consultation of stakeholders and appropriate studies, will evaluate the effectiveness of the financing methods proposed in the Directive and whether or not the scope of the universal service is able to meet customer needs; |
— |
believes that the postal network as a whole, including franchised postal outlets, could provide not only postal services but also act as a platform to provide other public services; this would make it possible to meet common needs in rural mountain or remote areas, providing electronic access to essential services; |
— |
notes that new entrants have created new jobs in liberated markets, and, indirectly, in industries dependent on the postal sector; however, with the liberalisation of the mail market, the postal sector, previously regulated by social guarantees on employment and income, runs the risk of providing less job security and lower wages. |
I. Policy recommendations
Proposal for a Directive of the European Parliament and of the Council amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services
COM(2006) 594 final — 2006/0196 (COD)
THE COMMITTEE OF THE REGIONS
1. |
believes that good postal services are essential to all economic and social activities and a vital part of communication within the EU; |
2. |
stresses the key role played by postal services, and in particular the universal service provisions ensuring the availability of high-quality, reliable and affordable postal services irrespective of geographical or financial conditions, in the territorial and social cohesion of the European Union; |
3. |
stresses its support and commitment to the completion of the single European market through a regulated liberalisation of the postal market ensuring a durable guarantee of the provision of universal service; |
4. |
is of the view that the timetable for the accomplishment of the postal internal market by 2009 as proposed in the Directive 2002/39 of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services should be postponed to 31 December 2010 and also allow for a transitional period until 2012 for those Member States that deem it necessary. The legal issues behind the options presented for the financing of the universal service obligations have to be clarified in advance by the Commission; in its next report, and by 31 December 2010 at the latest, the Commission, following a broad consultation of stakeholders and appropriate studies, will evaluate the effectiveness of the financing methods proposed in the Directive and whether or not the scope of the universal service is able to meet customer needs; |
5. |
considers that European and national regulation of postal operations has to consist of regulations ensuring universal services for consumers while guaranteeing postal undertakings a possibility to operate flexibly to serve the changing markets and customer needs; |
6. |
agrees that the impact of globalisation, market demands for a high-quality service and technological advances means that the postal services industry is facing rapid change. The CoR stresses that a high-quality, modern and technologically advanced universal postal service is a prerequisite for the completion of the Single Market, future economic growth and social inclusion. Consumers and small businesses in remote and excluded urban areas, in particular rely on postal services. However, at the same time, new modern technology has brought new ways of transmitting messages and the scope of universal service required should take account of this; |
7. |
draws attention to the substitution of traditional postal items by new forms of communication which is taking place in several Member States. This has led to major reductions in mail volumes for postal operators which needs to be taken into account when defining the scope and means of financing the universal service obligation; |
8. |
recommends that more attention should be given to potential job losses in the process of liberalisation, even though new competitors entering the market, could, in addition, also provide significant avenue for employment opportunities; |
9. |
suggests that the Member States and the European Commission further examine the possibilities for introducing retraining programmes for current postal operator employees who may become redundant when the monopolies face competition from new entrants to the market; |
10. |
notes that new entrants have created new jobs in liberated markets, and, indirectly, in industries dependent on the postal sector; however, with the liberalisation of the mail market, the postal sector, previously regulated by social guarantees on employment and income, runs the risk of providing less job security and lower wages; |
11. |
requests that the Member States and the Commission examine the opportunities arising from franchising the postal outlet network as has been done in some Nordic countries with very positive results. In these countries a franchised postal outlet in combination with another business has proven to be a very customer-friendly way to offer postal services. |
12. |
believes that the postal network as a whole, including franchised postal outlets, could provide not only postal services but also act as a platform to provide other public services; this would make it possible to meet common needs in rural mountain or remote areas, providing electronic access to essential services; |
13. |
notes that it remains unclear whether the information referred to in Article 6 on the information to be published on universal service refers to the special characteristics of universal service determined by the authorities or the terms of service for the universal service operator. The Article should be modified so that it clearly states what parties can be subject to measures by the Member States; |
14. |
notes that the Directive does introduce alternatives in the new Article 7 to include public compensation through direct state subsidies or, indirect, financing through the use of public procurement procedures; |
15. |
requests further clarification on the financing alternatives proposed in Article 7;
|
16. |
considers that Article 9 does not sufficiently take into account the different circumstances in the different Member States and that this limits alternative solutions. The CoR therefore suggests that the directive should allow for different licensing and authorisation procedures to be combined and co-ordinated by taking into account the local circumstances of each Member State; |
17. |
considers that the security and operational certainty of an undertaking designated as a universal service provider should not be subject to higher requirements than those generally directed at postal undertakings. If stricter terms are set for a universal service provider, this will result in additional costs; |
18. |
agrees that 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 or promote public service obligations defined in the relevant national legal acts. This underlines the fact that Member States should, if possible, maintain uniform tariffs for single piece tariff mail, the service most frequently used by consumers and small businesses; in addition, these principles should not prevent universal service providers from voluntarily applying uniform tariffs to universal services; |
19. |
considers it especially important that the pricing principles of universal service comply with Article 12 and that they are regulated sufficiently clearly and unambiguously; |
20. |
recommends a clarification as to what is meant by the cost-orientation of prices and the fact that prices have to encourage the attainment of efficiency benefits. The Directive and its Preamble should, furthermore, expressly note that the pricing requirements relating to universal service should not oblige postal undertakings to lower their prices simply because an increased efficiency has led to more profitable operations; |
21. |
considers it especially important that the requirements for the reasonableness and cost-orientation of the prices of the universal service are sufficiently clearly regulated so that they will not be used as a tool of price control but understood in the perspective of competition-law principles; |
22. |
considers that the pricing of services other than universal service should not be subject to direct regulation; |
23. |
notes that Article 14 (2) dealing with the proposed cost-accounting is more uniform than present regulation, because there is no need to differentiate universal service in book-keeping or cost accounting if the postal undertaking does not receive external financing for the provision of the universal service; |
24. |
considers that the Directive should clearly indicate the principle that a postal undertaking is not responsible for differentiating the costs of universal service if the Member State has not introduced a financing system for universal service or if universal service is left to be handled by market forces; |
25. |
considers unnecessary the principle in Article 14 (8), that a national regulatory authority could use its discretion in the application of Article 14, for example to set an obligation to differentiate cost-accounting; and considers also that the discretion of the national regulatory authority not to apply the requirements of Article 14 should be removed. Instead, the paragraph should make clear that the requirement to differentiate cost-accounting shall not be applied if a Member State has not created a financing mechanism complying with Article 7 or if no provider of universal service has been designated; |
26. |
considers it essential for the cost of universal service to be allocated and taken into account when the undertaking designated to provide universal service is one that is bound to apply cost-oriented pricing; |
II. Recommendations for amendments
Amendment 1
Recital 12 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
The impact of a complete market-opening cannot be predicted in a legislative proposal by the European Commission. The second sentence of that recital is however a clear legal statement.
Amendment 2
Recital 17 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Amendment 3
Recital 24 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
The consequences of pursuing increasing liberalisation for the tariff principles applicable to universal service providers should be examined. Sufficient flexibility should be built in to allow the universal service provider to deal with competition and adapt to market demand.
Amendment 4
Article 3 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Amendment 5
Article 4.2 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
To clarify that Member States no longer necessarily need to designate a universal service provider if it is determined that the market forces will guarantee the universal service.
Amendment 6
Article 7 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
This amendment is consistent with recommendation 2 on recital 17 of Directive 97/67/EC. It is important that the Commission draws up a report on the effectiveness of the various alternative financing possibilities. The reserved sector must be retained under the same terms as those in Directive 97/67/EC until 2012 for those Member States who deem it necessary
Amendment 7
Article 9 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
By the end of 2009, the Commission shall publish a new study aimed at clarifying how universal services will in future be delivered to users throughout both rural and urban Europe. In the interim, the status quo should be maintained, including the reserved area.
Amendment 8
Article 19 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
Member States shall ensure that transparent, simple and inexpensive procedures are made available by undertakings providing postal services for dealing with postal users' complaints, particularly in cases involving loss, theft, damage or non-compliance with service quality standards (including procedures for determining where responsibility lies in cases where more than one operator is involved). |
Member States shall ensure that transparent, simple and inexpensive procedures are made available by all undertakings providing postal services for dealing with postal users' complaints, particularly in cases involving loss, theft, damage or non-compliance with service quality standards (including procedures for determining where responsibility lies in cases where more than one operator is involved). |
Reason
It is important to ensure that the same procedures shall apply to all undertakings providing postal services, not just to those providing universal service.
Amendment 9
Article 21 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
The Committee established under Article 21 shall be informed and monitor the evolution of the measures established by Member States to ensure the provision of the universal service. It is important that representatives from local and regional authorities form part of this committee as they may have diverging opinions of that of the Member States.
Amendment 10
Article 22a of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
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Reason
The text should be written so that it clearly indicates the reasonableness and relevance of the obligation imposed from the perspective of the postal undertaking and that the duty to notify be limited to relate only to services belonging to universal service.
Amendment 11
Article 23 of Directive 97/67/EC
Text proposed by the Commission |
CoR Amendment |
Every three years, on the first occasion no later than 31 December 2011, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive, including the appropriate information about developments in the sector, particularly concerning economic, social, employment patterns and technological aspects, as well as about quality of service. The report shall be accompanied where appropriate by proposals to the European Parliament and the Council. |
Every three years, on the first occasion no later than 31 December 2011, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive, including the appropriate information about developments in the sector, particularly concerning economic, social, employment patterns and technological aspects, as well as about quality of service. The report shall also contain a detailed analysis of the current and possible future effects on the regions of liberalisation, with particular focus on upland regions with specific needs, and be accompanied where appropriate by proposals to the European Parliament and the Council. |
Reason
It is important that the report not only looks at the effect of the directive on a Member State level but that the regional effects are also considered.
Brussels, 6 June 2007.
The President
of the Committee of the Regions
Michel DELEBARRE
III. Procedure
Title |
Proposal for a Directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services |
Reference(s) |
COM(2006) 594 final — 2006/0196 (COD) |
Legal basis |
Article 265, first paragraph |
Procedural basis |
|
Date of Council referral |
22.11.2006 |
Date of President's decision |
9.1.2007 |
Commission responsible |
Commission for Economic and Social Policy (ECOS) |
Rapporteur |
Ms Elina Lehto, Mayor of Lohja, (FIN, PES) |
Analysis |
5.2.2007 |
Discussed in commission |
30.3.2007 |
Date adopted by commission |
30.3.2007 |
Result of the vote in commission |
Adopted by majority |
Date adopted in plenary |
6 June 2007 |
Previous Committee opinions |
Opinion on the European Commission proposal for a European Parliament and Council Directive amending Directive 97/67/EC with regard to the further opening to competition of Community postal services (COM(2000) 319 final, CdR 309/2000 fin (1)); Opinion on the European Proposal for a European Parliament and Council Directive on common rules for the development of Community postal services and the improvement of quality of service (COM(95) 227 final, CdR 422/1995 fin (2)) |
(1) OJ C 144, 16.5.2001, p. 20.
(2) OJ C 337, 11.11.1996, p. 28.