PURPOSE: to improve cross-border parcel delivery services for users and increase consumer confidence in cross-border e-commerce.
LEGISLATIVE ACT: Regulation (EU) 2018/644 of the European Parliament and of the Council on cross-border parcel delivery services.
CONTENT: the market for cross-border parcel delivery services is varied, complex and competitive: multiple providers offer different services and prices depending on the weight, size and format of the packages sent as well as the destination, added value features such as traceability systems and the number of packages sent. This diversity makes it difficult for consumers and users to compare parcel delivery services offered by different providers, both in terms of quality and price.
This Regulation lays down specific provisions to improve cross-border parcel delivery services in addition to those laid down in Directive 97/67/EC on postal services as regards:
- regulatory oversight of parcel delivery services;
- transparency of tariffs, and assessment of tariffs for certain cross-border parcel delivery services for the purpose of identifying those that are unreasonably high;
- information for consumers made available by traders concerning cross-border parcel delivery services.
A ‘parcel’ is defined a postal item containing goods with or without commercial value, other than an item of correspondence, with a weight not exceeding 31.5 kg. The term ‘parcel delivery services’ means services involving the clearance, sorting, transport and distribution of parcels.
This Regulation lays down minimum requirements and shall not prevent any Member State from maintaining or introducing additional necessary and proportionate measures.
Provision of information: in order to improve regulatory oversight, all parcel delivery service providers shall submit to the national regulatory authority of the Member State in which they are established the following information, unless that national regulatory authority has already requested and received it: the characteristics, and, where possible, a detailed description, of the parcel delivery services they offer and their general terms and conditions for parcel delivery services, including details of complaints procedures for users and any potential limitations of liability.
Each year, they shall be required to submit information on the annual turnover broken down into domestic, incoming and outgoing cross-border parcel delivery services, the number of persons working for them and the names of sub-contractors. Operators with fewer than 50 employees operating in a single country shall be exempt.
Assessment of cross-border single-piece parcel tariffs: price transparency measures shall apply to parcel service providers for a limited set of services most used by individual consumers and SMEs. National regulatory authorities shall assess the prices of cross-border parcel delivery services that are subject to the universal service obligation but appear unreasonably high.
Consumer information: according to Directive 2011/83/EU on consumer rights, traders shall have to provide consumers with clear information on cross-border delivery options related to the specific sales contract, charges payable by consumers for cross-border parcel delivery as well as customer complaint procedures.
Member States shall take all necessary measures to ensure the implementation of penalties applicable to infringements of the provisions of the Regulation.
No later than 23 May 2020, and every three years thereafter, the Commission shall present an evaluation report on the application of the Regulation accompanied, where necessary, by a legislative proposal for its review.
ENTRY INTO FORCE: 22.5.2018.