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“The Role of Regulators in a More Competitive Postal Market” a study for the European Commission, Directorate General for Internal Market and Services by WIK-Consult - October 13, 2009
Overview
The purpose of this study is to identify appropriate next steps for the regulators of postal
services in the Member States of the European Union (EU) and European Economic
Area (EEA) in light of the evolution of postal markets, best regulatory practices, and the
ongoing transposition of the ‘Third Postal Directive’.
In the last two decades, postal services — collection and delivery services offered by
public and private operators — have undergone a period of rapid and fundamental
evolution. Advances in electronic communications, information processing, and
transportation systems have precipitated basic changes in the supply and demand for
postal services. These market developments have been overlain by legal and
institutional changes accompanying the creation of a single European market.
Beginning with the Postal Directive adopted in 1997, Community legislation has sought
to harmonise and improve postal services in the Member States. The directive requires
Member States to regulate postal markets to ensure a universal postal service meeting
minimum specified criteria, while at the same time embarking on a course of ‘gradual
and controlled liberalisation' and giving basic protections to users (senders and
addressees) of universal services. To implement these obligations, the directive
requires Member States to establish one or more ‘national regulatory authorities’
(NRAs) for the postal sector.
The Postal Directive has been amended twice. The ‘Second Postal Directive’ (the
original Postal Directive as amended in 2002) has been transposed into national law by
all Member States of the EU and EEA. The ‘Third Postal Directive’ (the Second Postal
Directive as further amended in 2008) must be transposed by 31 December 2010 at the
latest (some Member States have until 31 December 2012). The Third Postal Directive
completes the program of liberalisation begun in the original Postal Directive by
requiring Member States to end all postal monopolies and implement other changes
consistent with ‘full market opening’.
This study seeks to assist the NRAs and other regulators of postal markets — i.e.,
ministers, legislators, national competition authorities, etc. — to establish a sound basis
for implementing the Third Postal Directive by:
• reviewing the manner in which Member States have implemented the original Postal
Directive and its 2002 amendment;
• summarizing the role of the competition authorities and general competition law in
regulating European postal markets;
• describing preparations and studies undertaken or planned for implementation of
the Third Postal Directive;
• identifying ‘best practices’ in the regulation of postal markets by postal and
competition authorities, where ‘best’ reflects the objectives and requirements of the
Third Postal Directive; and
• identifying potential gains and appropriate mechanisms for cooperation among
national regulatory authorities in order to implement the Third Postal Directive most
efficiently and effectively.
[Link to Study.]
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