Legal aspects of public procurement and procurement by entities operating in the water, energy, transport and postal services sectors

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Legal aspects of public procurement and
procurement by entities operating in the water,
energy, transport and postal services
sectors

• The postal sectors perspective

Alessandra Fratini, Chair PostEurop Public
Procurement WG Public Hearing JURI, 30 May 2012,
Brussels
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About PostEurop

• PostEurop , an officially recognised Restricted
  Union of the UPU (Universal Postal Union), is
  the Association representing the interests of
  European public postal operators
• PostEurops Members represent 2.1 million
  employees across Europe and deliver to 800
  million customers daily through over 175.000
  million counters

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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 and the supply
  sides) is more and more coming from electronic
  messaging services

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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)
• PostEurop regrets that the COM proposal takes no
  notice of the fundamental regulatory and market
  developments occurred in the postal sector

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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 ()
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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).
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Postal markets are de jure open to competition

• The liberalisation process initiated in 1997
  accomplished full market opening on 31st December
  2010

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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 (BtBBtC), 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 (BtBBtC, CtC CtB), domestic expresscourier 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 (BtBBtC), expresscourier parcel, light goodsfreight, contract logistics, philatelic
DK 2007/169/EC (16 March 2007) Parcel (BtB, light/pallet goods), courier and express
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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

10
a.fratini_at_fratinivergano.eu Rue de Haerne, 42
1040 Brussels Tel. [phone]