90/456/EEC: Commission Decision of 1 August 1990 concerning the provision in Spain of international express courier services (Only the Spanish text is authentic)

• Articles: 4

Article 1

The provisions of Articles 10 to 13 of the Ordenanza Postal adopted by Decree No 1113/1960 of 19 May 1960 and Articles 19 to 22 of the Regulation on Spanish postal services adopted by Decree No 1653/1964 of 14 May 1964 which reserve for the Post Office the international express collection, transport and distribution of letters are incompatible with Article 90 (1) in conjunction with Article 86 of the EEC Treaty.

Article 2

Spain shall inform the Commission within two months from the date of notification of this Decision of the measures it has taken to comply therewith.

Article 3

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 1 August 1990.

For the Commission

Leon BRITTAN

Vice-President

(1) BOE, 15. 6. 1960.

(2) BOE, 9. 6. 1964.

(3) BOE, 23. 7. 1966.

(4) Article 158 of the Regulation on postal services fixes the maximum weight of letters at two kilograms, and Article 164 of the same Regulation, annexed to this Decision, defines what constitutes a letter.

(1) Judgement of the Court of Justice of 3 October 1985 in Case 311/84, CBEM/CLT and IPB, (1985) ECR p. 3278, point 27.

Schedules & Appendices

ANNEX

Article 164 of the postal services Regulation adopted by Decree No 1653/1964 of 14 May 1964 (BOE of 9 June 1964), as amended by the Ministeral Decree of 12 July 1966 (BOE of 23 July 1966).

1. A letter is any sealed consignment the content of which is not indicated and cannot be seen, and all writings of an immediate and personal nature, even if they are visible.

2. The following in particular are regarded as letters: business records, either fully or partially completed, estimates, passenger waybills, invoices, signed bills of exchange, transfer notices, receipts, detailed accounts and their supporting documents, other commercial documents, insurance documents; acts, certificates and various files; public or private acts or instruments and copies thereof; criminal and civil papers, delayed letters or post-cards; chess problems, betting and competition documents; land register, vehicle register and census documents and other similar papers.

3. The following are not considered to be letters even if sealed: small parcels, parcel post consignments, post-cards even if of an immediate and personal nature.

Nor are consignments specifically given another classification by the Post Office regarded as letters, even if they satisfy the definition given in point 1 above.