Legal aspects of public procurement and procurement by
Legal aspects of public procurement and procurement by entities operating in the water, energy, transport and postal services sectors The postal sector’s perspective Alessandra Fratini, Chair Post. Europ Public Procurement WG Public Hearing JURI, 30 May 2012, Brussels
About Post. Europ § Post. Europ , an officially recognised “Restricted Union” of the UPU (Universal Postal Union), is the Association representing the interests of European public postal operators § Post. Europ’s Members represent 2. 1 million employees across Europe and deliver to 800 million customers daily through over 175. 000 million counters 1/8 Public Hearing 30 May 2012
Postal sector significantly changed § Volumes turn-down point to mail structural decline § Fast-moving ICT trends are changing business and consumers’ behaviours § Post is part of a wider communications sector, where physical mail is increasingly being supplemented by multi-channel delivery § Competition (from both the demand the supply sides) is more and more coming from electronic messaging services 2/ 8 Public Hearing 30 May 2012
Modernisation of EU Public Procurement § COM announced that “public procurement legislation [. . . ] needs to be revised and modernised in order to make it better suited to dealing with the evolving political, social and economic context” (21 December 2011) § Post. Europ regrets that the COM proposal takes no notice of the fundamental regulatory and market developments occurred in the postal sector 3/ 8 Public Hearing 30 May 2012
Modernisation of EU Public Procurement Article 10 1. This Directive shall apply to activities relating to the provision of: (a) postal services; (b) other services than postal services (…). 2. For the purposes of this Directive, "other services than postal services” means (…): 4/ 8 Public Hearing 30 May 2012
Modernisation of EU Public Procurement (i) mail service management services; (ii) added-value services linked to and provided entirely by electronic means; (iii) services concerning postal items (…), such as direct mail bearing no address; (iv) financial services (…); (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions). 5/ 8 Public Hearing 30 May 2012
Postal markets are de jure open to competition § The liberalisation process initiated in 1997 accomplished full market opening on 31 st December 2010 First Postal Directive 97/67/EC 6/ 8 Second Postal Directive 2002/39/EC Third Postal Directive 2008/6/EC Public Hearing 30 May 2012
Postal markets are de facto very competitive § The Article 30 procedures shows an increasing number of postal/other services excluded from the scope of the Utilities Directive Exemption decisions Services HU 2011/875/EU (16 December 2011) Financial services AU 2010/142/EU (3 March 2010) Standard parcel (Bt. B+Bt. C), domestic express parcel, combined freight, contract logistics IT 2010/12/EU (5 January 2010) Financial services SW 2009/46/EC (19 December 2008) Non priority letter, standard parcel (Bt. B+Bt. C, Ct. C +Ct. B), domestic express&courier parcel, domestic pallet, philatelic, third and fourth party logistics IT 2008/383/EC (30 April 2008) Courier services FI 2007/564/EC (6 August 2007) Unaddressed DM, standard parcel (Bt. B+Bt. C), express&courier parcel, light goods+freight, contract logistics, philatelic DK 2007/169/EC (16 March 2007) Parcel (Bt. B, light/pallet goods), courier and express 7/ 8 Public Hearing 30 May 2012
Removing postal sector from scope § Liberalisation process § Introduction of fully-fledged sector-specific regulation § Evolution of the market since 2004 Rationale for maintaining postal sector within the scope of the Utilities Directive NO LONGER APPLICABLE 8/8 Public Hearing 30 May 2012
www. posteurop. org a. fratini@fratinivergano. eu Rue de Haerne, 42 – 1040 Brussels Tel. +32 2 648 21 61
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