The Minister of Economic Affairs is responsible for policy concerning the postal sector and is controlled by parliament. The Authority for Consumers and Markets (ACM) is the independent supervisor regarding the USO and the postal market as a whole. Additionally, PostNL is subject to European and international regulation, as laid down by, for example, the Universal Postal Union (UPU) and the European Commission.
Significant Market Power
As of 2014, an instrument for significant market power (SMP) is part of the ACM’s regulatory competences. SMP is based on the provisions about access regulation for postal operators to the network of the operator with SMP as laid down in the Postal Act 2009. In July 2017, the ACM published its final market analysis decision, concluding that PostNL is a postal operator with SMP in the 24-hour bulk mail segment. PostNL is appealing against this decision of ACM.
Regulatory framework and postal market
‘In July 2017, the Dutch Ministry of Economic Affairs published a report on the future of the Dutch postal market, concluding that maintaining an affordable, accessible and qualitatively good universal service will become challenging due to the ongoing mail volume decline. The report will serve as input for a long term policy analysis of the Dutch postal market.
In December 2017, the Junior Minister of Economic Affairs announced the start of a dialogue on the postal market and appointed Ms Marjan Oudeman to chair this dialogue. Further to the outcome of this dialogue on the postal market, the Junior Minister sent her conclusions and recommendations vis-à-vis the future of the postal market to parliament on 15 June 2018. Upon discussion in parliament, these recommendations will be the basis for a policy and legislative agenda that will guarantee affordable postal services in the future.
Other regulation and Disputes Committee
PostNL is subject to various laws and regulations, both national and international. In addition to the Postal Act 2009, these are, among others, the Competition law and the Data Protection Law. Furthermore there is an independent Disputes Committee, in line with the EU 2015 Alternative Disputes Resolutions Directive, that handles disputes between PostNL and customers that cannot be resolved by PostNL’s own procedures.
Adjusted on 28 June 2018