Information Obligation for Parcel Delivery Service Providers

Under Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services, there is an obligation on some “parcel delivery service providers” to provide certain information to the Commission for Communications Regulation (“ComReg”) which is then passed to the European Commission.

What is a parcel delivery service provider?

In Regulation 2018/644 the term “parcel delivery service provider” is defined as meaning “an undertaking that provides one or more parcel delivery services with the exception of undertakings established in one Member State alone, that only provide domestic parcel delivery services as part of a sales contract and as part of the contract personally delivery goods that are subject of that contract to the user”.

“Parcel delivery services” are defined as meaning “services involving the clearance, sorting transport and distribution of parcels”. Parcel is defined as meaning “a postal item containing goods with or without commercial value, other than an item of correspondence, with a weight not exceeding 31.5kg”.

What to do if you are a parcel delivery service provider?

Parcel delivery service providers that fall within the scope of regulation in Ireland are asked to make ComReg aware of this by emailing postreg@comreg.ie.

Parcel delivery service providers should also advise if they have had, on average, more than 50 persons working for them and involved in the provision of parcel delivery services over the previous calendar year.

The European Commission issued the Commission Implementing Regulation (EU) 2018/1263 of 20 September 2018 establishing the forms for the submission of information by parcel delivery service providers pursuant to Regulation (EU) 2018/644 of the European Parliament and of the Council.

List of tariffs

To secure transparency of tariffs all cross-border parcel delivery service providers are required to provide, by 31 January of each calendar year, the national regulatory authority in their jurisdiction with a public list of tariffs applicable on 1 January of each calendar year for 15 categories of services (set out in the Annex to the Regulation 2018/644).

The tariffs of cross-border parcel delivery service providers are entered onto a web portal created by the European Commission. There is a user’s manual available to assist in entering this information (Read More >>>). In case of any questions related to the registration on this portal or to its use, please email postreg@comreg.ie.

Each national regulatory authority must submit the list of tariffs to the Commission who publishes them on their website – see: Public tariffs on cross-border parcel delivery services.

This enables postal service users and undertakings with an easily accessible overview of services available in the market and their prices. Price information is updated every year on 31 March.

Assessment of tariffs

Based on the public lists of tariffs obtained in accordance with Article 5 of the Regulation, the national regulatory authority shall assess the cross-border tariffs submitted by providers to which applies the obligation of general (universal) services if they consider them unreasonably high. This assessment is done by the national regulatory authority in accordance with Article 6 of the Regulation and with guidelines stipulated by the European Commission.

For more information see the website of the European Commission.

Assessment of An Post’s cross- border single piece parcel tariffs

On 10 May 2019 the European Commission identified eleven tariffs for seven of An Post’s products as being in the top quartile (top 25%) of tariffs, via their pre-assessment filter mechanism.

Having objectively assessed, in accordance with the principles in Article 12 of Directive 97/67/EC, the cross-border tariffs of An Post (as the PDSP that originates in Ireland and that is subject to a universal service obligation) that ComReg considered objectively necessary to assess and having taken into account the elements specified in Article 6 of the Regulation, ComReg has not identified any such tariffs that that it considers to be “unreasonably high”.

For more information on ComReg’s assessment of An Post’s cross- border single piece parcel tariffs see the published Information Notice ComReg Doc. 19/79.