Opening up competition in postal services, January 2001

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Series Details 16.1.01
Publication Date 06/01/2001
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The European Commission's proposal for a Directive to further liberalise postal services in the European Union has come across considerable opposition from the European Parliament (first reading vote on 14 December 2000) and the Council of the European Union (discussion in the Telecommunications Council, 22 December 2000), reflecting the division of views amongst stakeholders (including public and private postal service operators, business and general public representative organisations and national governments) on the issue.

Background

The postal sector is of major economic and social importance in the European Union. A recent United Kingdom: House of Lords: Select Committee on the European Union report suggests that EU postal services deal with approximately 135 billion items a year. This generates a turnover of about 80 billion euro or about 1.4&percent; of the EU GDP. About two-thirds of the turnover is generated by mail services, including the reserved area. The reserved area is a set of mechanisms created to ensure that a universal postal service is provided at a standard cost to all geographical parts of a country and to all users. The remaining one third of turnover is generated by parcels and express services.

As part of the overall programme to create a Single Market between the Member States of the European Union, and encourage the liberalisation of various industrial sectors, the European Commission launched a range of initiatives during the 1990s to advance the development of the single market for postal services, by creating further competitive mechanisms. A Green Paper issued in 1992 (COM (1991)476 final (11.6.92) [only the Executive Summary (MEMO/92/34) is available on the Internet] started a period of consultation.

The European Commission's aim is to implement the Single Market for postal services, by opening up the sector to competition in a gradual and controlled way, within a regulatory framework which assures a universal service. The improvement of the quality of service, in particular in terms of delivery time and affordable tariffs are fundamental aspects of this policy. It is felt that greater competition in the sector will achieve that objective, but that safeguards are needed to protect the concept of the universal service.

The consultation period in the early 1990s led to the adoption of a Council Resolution [PDF] of 1994 on the development of Community postal services (OJ C48, 16.2.94, p3-4) and the eventual adoption of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, with a date of implementation of February 1999 (OJ L15, 21.1.98, p14-25)

The 1997 Directive:

  • defines the minimum characteristics of the universal service to be guaranteed by each Member State (on its territory)
  • sets common limits for reserved services which may be reserved for the universal service provider(s) in each Member States and a timetable for further gradual and controlled liberalisation
  • lays down the principles to govern the authorisation/licensing of non-reserved services
  • defines the tariff principles applicable to the universal service as well as the transparency of the accounts of the universal service providers
  • governs the setting of quality of service standards for national and intra-Community cross-border services
  • confirms the mechanisms to encourage technical harmonisation in the postal sector
  • deals with the consultation of interested parties
  • requires the creation of national regulatory authorities independent of the postal operators.
  • defines the minimum Characteristics of the universal service to be guaranteed by each Member State (on its territory);
  • sets common limits for reserved services which may be reserved for the universal service provider(s) in each Member States and a timetable for further gradual and controlled liberalisation;
  • lays down the principles to govern the authorisation/licensing of non-reserved services;
  • defines the tariff principles applicable to the universal service as well as the transparency of the accounts of the universal service providers;
  • governs the setting of quality of service standards for national and intra-Community cross-border services;
  • confirms the mechanisms to encourage technical harmonisation in the postal sector (see CEN activities described below);
  • deals with the consultation of interested parties;
  • requires the creation of national regulatory authorities independent of the postal operators.

European Commission: DG Internal Market: Postal Services

In 1997 the European Commission also issued a Notice [PDF] on the application of the competition rules to the postal sector and on the assessment of certain state measures relating to postal services (SEC(97) 2289) The Notice was adopted by the Commission on 17 December 1997, following public consultation.

Further background information on the subject can be found in:

The second Postal Directive proposal

The 1997 Directive was recognised as a first step towards the process of a gradual and controlled opening of the postal sector to competition. The European Commission was expected to bring forward further proposals in 1998 following the analysis of the results of detailed research studies as required by the 1997 Directive. In the event the new proposals were considerably delayed both by the divisions of opinion amongst stakeholders on the issue of liberalisation and the turmoil in the European Commission in 1999.

All stakeholders are said to be in favour of liberalisation: the divisions come in the speed and extent of the reforms. In the broadest of terms stakeholders in favour of further liberalisation tend to include the commercial companies who provide mail and delivery services, and commercial organisations who intensively use the postal service such as magazine publishers and mail order and direct sales' operators. More suspicious of the proposals for liberalisation include consumer groups, trade unions representing workers in the existing national post office organisations and the majority of existing public national post office organisations. There is a division of opinion amongst Member State governments: interestingly, France, the EU Presidency country for the period July-December 2000 is considered to be one of the countries most suspicious of a radical and rapid liberalisation, while Sweden, the EU Presidency country for the period January-July 2001 is an enthusiastic proponent of such liberalisation, having already achieved it in Sweden. The governments of Germany, Austria, The Netherlands, Denmark, Belgium, Sweden and Finland are the proponents of liberalisation. The detailed views of the various stakeholders can be found in the external links noted below.

It was only in May 2000, following strong encouragement for further liberalisation measures in the European economy agreed by the EU Member States at the European Council [PDF] in Lisbon, March 2000, that the European Commission adopted a proposal [PDF] for a Directive to amend the existing 97/67 EC Directive in order to further open to competition the European market for postal services (COM (2000)319 final (30.5.00). The proposal is currently passing through the EU's policy making process, by the co-decision procedure.

The main elements of the Commission proposal are:

  • the opening from 2003 of approximately 20&percent; on average of the Universal service Providers' revenues from postal services through decreasing the weight/price limits for the reservable area (from 350grams and 5 times the basic tariff to 50grams and 2.5 times the basic tariff) and the total opening of express mail and outgoing cross-border mail
  • for further market opening to take place in 2007. The extent and actual definition of the next step should be proposed by the European Commission based on a review of the sector focusing on the need to ensure the provision of the universal service in an appropriate manner in a competitive market environment
  • the definition of 'special services': the concept of new services, quite distinct from conventional services, that cannot be reserved was already introduced in the Postal Directive. The proposed definition for special services aims at clarifying the nature of these services as well as their characteristics for a clearer and more operational regulatory framework.

European Commission: DG Internal Market: Postal Services

The European Commission's Directorate General for the Internal Market provides much useful background information on the proposal on its Proposed evolution of the regulatory framework pages on the web. Also of interest is the Press Release (IP/00/541) issued when the proposal was adopted by the European Commission in May 2000.

For the full existing, and subsequent, legislative history of the proposal see:

On the 13 December 2000 the European Parliament held its its first reading debate on the Commission proposals based upon a report from rapporteur Merkus Ferber, MEP. Despite Mr Ferber himself being a strong proponent of postal liberalisation, and a speech by European Commissioner Frits Bolkestein arguing strongly for the proposals, there was considerable opposition from MEPs. The further opening up of the postal market in the Community should, they said, be much more gradual and controlled than the Commission was proposing. A summary of the debate is available. European Commission Bolkestein expressed his disappointment that the European Parliament voted to reduce drastically the share of the postal market to be opened up to competition and to delay the introduction of more competition by two years.

On the 22 December 2000 the Telecommunications Council (PRES/00/495) held a debate on the proposal but failed to reach a Political Agreement, reflecting the disagreement amongst Member States. They have asked the Permanent Representatives Committee to continue work on the file.

Further negotiations will take place within and between the EU Instititions to secure a compromise solution during 2001, no doubt heavily lobbied by the various stakeholders.

Further information within European Sources Online:

European Sources Online: Topic Guide
- The Single Market

European Sources Online: European Voice
- 30.11.95: Postal liberalisation plan on hold- 29.2.96: Snail's pace in postal reform- 2.5.96: Anger at bid to slow postal liberalisation- 16.5.96: Post liberalisation pace set to slow- 18.7.96: Ruling strengthens bid for postal liberalisation- 14.11.96: Germany's volte-face threatens postal deal- 21.11.96: A consumer's right to choose- 5.12.96: Chirac gets tough on post- 16.1.97: Euro MPs appeased by post compromise- 11.9.97: Slow delivery for EU postal reform- 8.10.98: Europe's postal services disagree over delivery date for market liberalisation- 22.10.98: Studies allay post liberalisation fears- 29.10.98: Monopolies fed free market medicine- 17.12.98: Slotting final pieces into the liberalisation jigsaw- 14.1.99: Fresh bid launched to free up post- 18.2.99 Commission split over next step in postal market opening- 20.7.99: Businesses welcome Prodi's reforms- 2.9.99: Post poses tough challenge for Monti- 24.2.00: MEPs head for clash over pace of postal liberalisation- 30.3.00: Bolkestein seeks to rally support for postal liberalisation plans- 11.5.00: Bolkestein to propose radical cut in EU postal monopolies- 29.6.00: Testing times as France takes EU helm- 28.9.00: Battle hots up over postal sector reform- 9.11.00: MEPs clash over deadline for end to post office monopolies- 14.12.00: Governments to lock horns over post plan

OECD: Economic Survey: Sweden, 1999
- Postal services

OECD: Economic Survey: Greece, 1999
- Postal services

Business Guide to EU Initiatives
- Liberalisation of postal services, 2000

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

European Commission: DG Internal Market
- Postal liberalisation
-   Existing regulatory framework
-   Proposed evolution of the regulatory framework
-   Ongoing Community activities
-   Infringements
-   Links to postal industry stakeholder organisations (includes links to national regulatory authorities, international institutions, postal operators (Universal Service Providers), European postal operators' organisations and other postal industry stakeholders, plus postal industry news links)
- Single Market News, July 2000
-   Postal liberalisation

European Commission: DG Competition
- Postal Notice, 1998 [related Press Release]
- Commission opens formal proceedings against Deutsche Post AG for disturbing international mail traffic, May 2000. For further information sources on the related but distinct competitive issues relating to Deutsche Post carry out a European Sources Online search and insert 'Deutsche Post' in the search field.

Organisation for Economic Co-operation and Development
- Promoting competition in postal services, 1999

United Kingdom: House of Lords: Select Committee on the European Union
- The further liberalisation of Community postal services, December 2000 (2nd Report(Session 2001/01)HL 6) (includes written and oral evidence submitted by a wide variety of stakeholders from the UK and the rest of the EU)

United Kingdom: Postal Services Commission (Postcomm)
- Proposed European Directive on postal services, December 2000

United Kingdom
- Postal Services Act, Ch.26, 2000

United Kingdom: Department of Trade and Industry
- Post Office reform

Association of European Public Postal Operators (PostEurop)
- Homepage
- Developing European posts: A review of the European Commission's studies on postal liberalisation, February 1999
- Review of Directive 97/67/EC of 15 December 1997 on the postal sector, February 2000
- Legal regime applicable to hybrid mail. Common platform of POSTEUROP, May 2000
- PostEurope's Common Position on the proposed amendments to the Postal Directive, November 2000 (related Press Release)

European Federation of Public Service Employees (Eurofedop)
- Homepage

Federation of European Direct Marketing (FEDMA)
- Homepage
- Postal affairs
- Setback for postal reform, December 2000

European Express Association (EEA)
- Homepage

European Mail Order Trade Association (EMOTA)
- Homepage
- Comments Draft directive and Notice Postal Services, January 1996
- Postal services in Europe: First comments on proposed Second Directive, June 2000
- Postal services in Europe, December 2000

The European Consumers' Organisation (BEUC)
- Homepage

Union Network International: Postal and Allied Services Sector (UNI-Europa)
- Homepage
- Development of European postal services: the next stage. Position of UNI-EUROPA Postal, February 2000
- Postal de-regulation could cost up to 500,000 jobs in Europe, May 2000
- Changes in the postal industry: multinationals, technology, new trends, May 2000

United Kingdom: The Post Office
- Homepage
- British Post Office recommendation for further liberalisation of European Community postal services, November 1999
- Key challenges ahead for global postal operators, March 2000
- Brussels proposals contradict UK policy for deliveries to all addresses at same price, October 2000
- Wide support for the Post Office's stance on draft postal directive, October 2000

Universal Postal Union
- Homepage

BBC News:
- 30.5.00: Postal unions fear Euro job losses

FT.com
- 12.12.00: Post Office facing tough competition from Europe: The postal watchdog tells Kevin Brown that there has been a high level of interest in entering the liberalised services market
- 15.12.00: EU postal plans turned down
- 23.12.00: EU postal talks abandoned

Further and subsequent information on the subject of this In Focus can be found by using 'Search ESO' or 'Advanced Search' in European Sources Online by inserting 'postal liberalisation' in the keyword field.

Ian Thomson
Executive Editor, European Sources Online
Compiled: 6 January 2001

The European Commission's proposal for a Directive to further liberalise postal services in the European Union has come under considerable opposition from the European Parliament and the Council of the European Union.

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