Brussels, 24/10/2001 (Agence Europe) - On Tuesday (as reported earlier) the European Commission adopted a decision on the monitoring of relations between the French post office La Poste and firms specialising in making-up and preparation of mail. The Commission sees a conflict of interests in the relations between La Poste and private mail-preparation firms in that La Poste is both a competitor of those firms and, in view of its postal monopoly, their unavoidable partner. In the Commission's view, this conflict of interests encourages La Poste to abuse its dominant position.
The Decision that has just been adopted is the result of proceedings initiated by the Commission at the end of 1998 at the request of SNELPD, a trade association representing most French mail-preparation firms. These companies provide a range of services from the making-up of mail on behalf of large mail originators to the delivery of mail in pre-sorted bags to certain La Poste offices. La Poste is present in the mail-preparation market alongside private firms in that it offers services to business itself or via some of its subsidiaries. Since the bulk of mail flows handled by mail-preparation firms are covered by the postal monopoly, they inevitably have to do business with La Poste. However, it is La Poste that defines the financial and technical conditions under which mail-preparation firms can access its network and is therefore in a situation in which it is tempted to discriminate against competitors of La Poste. "Mail-preparation firms are thus in a position of dependency and vulnerability vis-à-vis La Poste" argues the Commission, adding that French legislation does not provide for sufficiently effective or independent monitoring to neutralise this conflict of interest and the Commission "takes the view that the French state has contravened Article 86(1) of the Treat which "prohibits Member States from enacting or maintaining in force any measures relating to public undertakings of undertakings enjoying exclusive rights which create situations which are contrary to the rules contained in the Treaty, in particular the rules on competition". During the proceedings, the French authorities announced their intention to create an ombudsman responsible for the universal postal service and who would have the power to issue public and reasoned opinions and intervene in relations between La Poste and its customers and partners. The Commission considers "this would represent a very significant advance" with certain provisos. The French state has two months from the date of notification of the decision to inform the Commission of the measures taken to rectify the situation.