Answer given by Mr Barnier on behalf of the Commission
4.8.2011
1. Article 3 of Directive 97/67/EC (as amended by Directive 2002/39/EC and 2008/6/EC, in the following Postal Services Directive) obliges Member States to 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. This right to a high quality universal postal service is further complemented by Article 19 of the Postal Services Directive. The latter provision obliges Member States to ensure that transparent, simple and inexpensive procedures are made available by all postal service providers for dealing with postal users' complaints, particularly in cases involving loss, theft, damage or non-compliance with service quality standards (‘internal complaints procedure’).
Furthermore, where users' complaints to undertakings providing postal services within the scope of the universal service have not been satisfactorily resolved, users, acting individually or, where permitted by national law, jointly with organisations representing the interests of users and/or consumers, may bring the case in question before the competent national authority (‘external complaint procedure’).
The Postal Services Directive however does not contain any obligation as regards possible financial compensation in such cases, which is, in accordance with the subsidiarity principle, a matter of national law.
The Commission is aware of the disruptions to which the Honourable Member refers and has raised this issue with the Italian authorities and with the designated universal service provider (Poste Italiane). It is the understanding of the Commission, based on the information obtained, that the disruptions largely concerned electronic and financial operations provided by Poste Italiane. These operations are not subject to requirements of universal service obligation as laid down in the Postal Services Directive. According to the information provided to the Commission, the provision of postal services was disrupted only to a minor extent notably in relation to the collection of mail, while the delivery was guaranteed as provided for in national postal legislation.
In addition the Commission also obtained some further information relating to questions raised:
As far as the failures detected in the early part of June 2011 are concerned, the Commission was informed that they have been due to a technical failure caused by software problems. Poste Italiane had intervened promptly to ensure the gradual availability of services for customers and, starting from 8 June 2011, activities have been restored to normal. A number of short term measures were undertaken (extending opening hours of post offices, guarantee to customers to receive a statement of non-use of the service if the customer has been unable to wait for the completion of the service, the establishment of a proper task force to support local post offices).
Several meetings of a conciliation board with consumer organisations were held and the methods and the timing for the submission of requests for refunds to citizens who have suffered losses or damage due to the computer problems have been determined. The conciliation procedure is free of charge and Poste Italiane has confirmed to consumer organisations its willingness to organise a refund to those who suffered damage between 1 and 10 June 2011 and could document this. The deadline for submissions that can be made either in post offices or via consumer organisations (on the basis of a form that is available in paper and can be downloaded from the website of the postal operator and/or sites of consumer organisations) runs from 1 July till 31 December 2011. The evaluation will be made on a case-by-case basis, the reconciliation body is comprised by a representative of Poste Italiane and the representative of the consumer's choice. Furthermore, Poste Italiane has also offered to make a series of specific proposals to meet the needs of pensioners, as a further gesture to this segment of the company's customers.
2. Poste Italiane has had access to loans by the EIB from 2001 onwards, with three projects concerned including in particular the restructuring of post offices and logistic centres notably in convergence regions (project called ‘Poste Italiane rete logistica’), and the innovation and development of IT infrastructure and processes relating to mail services nationwide (project called ‘Poste Italiane innovazione e sviluppo’). The total sum between 2001 and 2009 was EUR 1.2 billion (Poste Italiane — rete logistica for EUR 600 million in 2001‑02, Poste Italiane rete logistica II for EUR 400 million in 2002 and Poste Italiane innovazione e sviluppo for EUR 200 million in 2009). These loans were subject to the typical EIB financial terms and conditions. However, in this regard there has been no subsidised financing, either in relation to the principal or the interest rates, by the EIB or the EU.
For completeness it should be stated that the ‘Project Green Post’ has been financed by European funds; these amounted to EUR 71 000 in 2008 and to EUR 95 000 in 2009.