Page - 50 - in Austrian Law Journal, Volume 1/2019

ALJ 2019 Peter Egger et al 50 postal services are regulated by Directive 97/67/EC92 as amended by Directive 2008/6/EC93. Directive 97/67/EC focuses primarily on fully opening the sector to competition while securing universal service obligations (including tariff principles for these), on mechanisms to encourage technical harmonisation and on the requirements for the authorization or licensing of postal services. While today the postal sector uses technological innovations such as fully automatic distribution systems and autonomous delivery systems94 to improve logistics,95 it also faces challenges imposed by new and disruptive technological innovations and the above-mentioned growth of the parcel delivery sector.96 The market for cross-border parcel delivery services is already diverse, complex and competitive.97 Different providers offer different services and prices depending on weight, size and format of parcels, as well as on their destination and value-added features, such as tracking. Today, even Amazon, which has used established service providers for the delivery of their parcels in the past, is working on a plan to set up its own delivery system.98 Because of this diversity, it is difficult to compare different providers, their services and prices. This might hinder customers from fully benefiting from the liberalisation of postal services, especially in cross-border parcel delivery. After identifying this problem, the EU enacted Regulation (EU) 2018/64499 on cross-border parcel delivery services, which supplements the provisions of Directive 97/67/EC as amended. The aim of this Regulation is to facilitate access to relevant information about cross-border parcel delivery services. The Regulation covers parcels containing goods – with or without commercial value – with a weight of up to 31,5 kilograms.100 If the Regulation is able to create more price transparency in the cross-border postal delivery services sector, it will undoubtedly contribute to the EU’s policy to create a Digital Single Market101 as many business models in this market depend on cheap and reliable delivery services. The Regulation is also a good example for the necessity of accompanying legislative measures in “traditional” service sectors which are nevertheless indispensable for the further development of the digital economy. 92 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service [1997] OJ L15/14. 93 Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services [2008] OJ L52/3. 94 Österreichische Post AG, Autonome Zustellung, available at https://www.post.at/autonome-zustellung.php/. 95 Österreichische Post AG, Die Brieflogistik - Ein Blick hinter die Kulissen, at 6, available at https://www.post.at/files/Die_Brieflogistik_09_09.pdf. 96 Still, the importance of postal service cannot be underestimated: With more than 677.000 outlets and about 5.3 million staff members, the post represents the largest physical network in the world (for more information, cf. the homepage of the International Postal Union which is the second oldest international organisation: Universal Postal Union, Factsheet: About the UPU, THE POSTAL SECTOR'S PRIMARY FORUM FOR GLOBAL COOPERATION, Oct. 18, 2018, available at news.upu.int/no_cache/nd/factsheet-about-the-upu/). 97 Cerpickis, Facino, Geus, Möller Boivie, Gårdebrink, Almqvist, Apon, Basalisco and Ballebye Okholm, supra note 89, at 28. 98 Wingfield, Amazon to Test a New Delivery Service for Sellers, THE NEW YORK TIMES, Feb. 9, 2018, available at https://www.nytimes.com/2018/02/09/business/amazon-delivery-service.html; Fast company, Amazon, available at https://www.fastcompany.com/company/amazon. 99 Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services [2018] OJ L112/19. 100 Heavier parcels are part of the freight transport and logistics sector. 101 European Commission, Parcel delivery in the EU, available at http://ec.europa.eu/growth/sectors/postal- services/parcel-delivery_en.