Brussels, 05/09/2007 (Agence Europe) - The Portuguese presidency is seeking a political agreement on the final phase of the opening-up of the internal postal market at the Telecommunications Council on 1 October. On Wednesday 5 September, it presented the national delegations with the proposed compromise (of which EUROPE has obtained a copy) at the first meeting of the group of national experts, the first of a series scheduled for the month of September. This compromise is relatively close to the opinion which the European Parliament adopted at first reading in July (see EUROPE 9466): it confirms the principle of the completion of the internal market for postal services at a staggered pace, as the total liberalisation of the last segment, which can still be reserved at the moment, must take place no later than 2011 or 2013; it does not modify the details for funding laid down by the Commission in its initial proposal and approved by the European Parliament. The scope of application of the Universal Postal Service (UPS) has not been changed.
Date. The Portuguese presidency proposes that the opening-up to competition of the handling of mail weighing less than 50 g take place no later than 31 December 2010. An additional deadline of two years, up to 31 December 2012, may be granted to certain member states. The proposed compromise does not specify which criteria will allow a member state to postpone the total liberalisation of its postal market. The Portuguese presidency would favour the drafting of a nominated list of member states, the option recommended by the European Commission. It has decided not to take up the occasionally convoluted criteria established by the European Parliament. Those member states which opt for a definitive opening-up of their postal sector in 2013 must notify their intention to the Commission no later than six months after the entry into force of the directive, when it is published in the Official Journal. It is worth noting that according to the opinion of the EP, 14 member states - those which joined in 2004 plus Luxembourg and Greece - would potentially have the right to use this grace period of two years.
Reciprocity clause. Although criticised by certain experts, the reciprocity clause brought in by the MEPs has been well and truly adopted by the Portuguese presidency as a quid pro quo to the two-stage liberalisation of the postal market. Under this clause, a member state which has fully liberalised its postal market may prevent a historical postal operator which still holds a monopoly in the member state in which it is established from acquiring contracts on formerly reserved market segments, up until 2013.
Funding mechanisms. The Portuguese presidency is taking up provisions on the funding of the UPS proposed by the Commission and approved by the EP. A non-exhaustive list identifies the mechanisms which the member states may use: public tendering, direct subsidies, or the installation of a mechanism (such as a national compensation fund) for sharing the net costs of universal service obligations between postal service providers and users. The proposed compromise lays down the circumstances in which tenders may be launched, particularly by using allocation procedures such as competitive dialogue, or procedures negotiated, which may or may not be accompanied by the publication of an information notice.
Net costs. An annex laying down guidelines on the method for calculating the net costs of the public service obligations was also brought in. These guidelines relate to the definition of the UPS, the calculation of the net costs and possible compensation for operators subject to public service obligations. The Portuguese presidency suggests that the Commission assist the member states in calculating the net costs, but has not gone along with the timetable suggested by the Parliament. The MEPs are calling for the Commission to publish guidelines on net cost calculations by 1 January 2009 and for the member states to notify the Commission of their national funding plans for the UPS by 1 January 2010.
Tariffs. As regards tariffs, the member states must continue to ensure that the tariffs applied to postal services which come under the umbrella of the UPS are affordable and guarantee access for all users, irrespective of their geographical situation and in light of national specific conditions. The proposed compromise extends the option for the member states to apply a single tariff for the whole of their national territory, or for cross-border deliveries, to all types of postage. The EP had limited this option to postal services provided at a set tariff (such as a letter or parcel).
Employment conditions. The Portuguese presidency has not taken on the provisions put forward by the EP on respect for employment legislation and employment conditions. However, it mentions employment conditions and social security regimes in the list of general non-economic reasons which a member state may invoke if it wishes to attach conditions to the provision of postal services. Lastly, in accordance with the EP's wishes, the Commission is to produce a report every four years on the implementation of the directive, the first to be presented no later than 31 December 2013. (mb)