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Directive 97/67/EC of the European Parliament and of the… CHAPTER 2

Article 3–Article 6 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 3

1. Member States shall ensure that users enjoy the right to a universal service involving the permanent provision of a postal service of specified quality at all points in their territory at affordable prices for all users. 2. To this end, Member States shall take steps to ensure that the density of the points of contact and of the access points takes account of the needs of users. 3. They shall take steps to ensure that the universal service provider(s) guarantee(s) every working day and not less than five days a week, save in circumstances or geographical conditions deemed exceptional by the national regulatory authorities, as a miminum: - one clearance, - one delivery to the home or premises of every natural or legal person or, by way of derogation, under conditions at the discretion of the national regulatory authority, one delivery to appropriate installations. Any exception or derogation granted by a national regulatory authority in accordance with this paragraph must be communicated to the Commission and to all national regulatory authorities. 4. Each Member State shall adopt the measures necessary to ensure that the universal service includes the following minimum facilities: - the clearance, sorting, transport and distribution of postal items up to two kilograms, - the clearance, sorting, transport and distribution of postal packages up to 10 kilograms, - services for registered items and insured items. 5. The national regulatory authorities may increase the weight limit of universal service coverage for postal packages to any weight not exceeding 20 kilograms and may lay down special arrangements for the door-to-door delivery of such packages. Notwithstanding the weight limit of universal service coverage for postal packages established by a given Member State, Member States shall ensure that postal packages received from other Member States and weighing up to 20 kilograms are delivered within their territories. 6. The minimum and maximum dimensions for the postal items in question shall be those laid down in the Convention and the Agreement concerning Postal Parcels adopted by the Universal Postal Union. 7. The universal service as defined in this Article shall cover both national and cross-border services.

Article 4

Each Member State shall ensure that the provision of the universal service is guaranteed and shall notify the Commission of the steps it has taken to fulfil this obligation and, in particular, the identity of its universal service provider(s). Each Member State shall determine in accordance with Community law the obligations and rights assigned to the universal service provider(s) and shall publish them.

Article 5

1. Each Member State shall take steps to ensure that universal service provision meets the following requirements: - it shall offer a service guaranteeing compliance with the essential requirements, - it shall offer an identical service to users under comparable conditions, - it shall be made available without any form of discrimination whatsoever, especially without discrimination arising from political, religious or ideological considerations, - it shall not be interrupted or stopped except in cases of force majeure, - it shall evolve in response to the technical, economic and social environment and to the needs of users. 2. The provisions of paragraph 1 shall not preclude measures which the Member States take in accordance with requirements relating to public interest recognized by the Treaty, in particular Articles 36 and 56 thereof, concerning, inter alia, public morality, public security, including criminal investigations, and public policy.

Article 6

Member States shall take steps to ensure that users are regularly given sufficiently detailed and up-to-date information by the universal service provider(s) regarding the particular features of the universal services offered, with special reference to the general conditions of access to these services as well as to prices and quality standard levels. This information shall be published in an appropriate manner. Member States shall notify the Commission, within 12 months of the date of entry into force of this Directive, how the information to be published in accordance with the first subparagraph is being made available. Any subsequent modifications shall be notified to the Commission at the earliest opportunity. CHAPTER 3 Harmonization of the services which may be reserved

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