The principle of uniform tariffs is covered by the scope of pricing assignments allocated to ICP-ANACOM by the Postal Law.
The Postal Law lays down [article 14, paragraph 8a)] that ICP-ANACOM may determine, for duly substantiated reasons relating to the public interest, that the price of postal items weighting less than 50 g shall comply with the uniform tariff principle, a uniform tariff being applied throughout the national territory, without prejudice to the right of universal service providers to conclude with users individual agreements on special prices.
This principle has also been provided for in the Postal Directive, which in the second indent of article 12, as amended by Directive 2008/6/EC, refers that “... [universal service] prices shall be cost-oriented and give incentives for an efficient universal service provision.
Whenever necessary for reasons relating to the public interest, Member States may decide that a uniform tariff shall be applied, throughout their national territory and/or cross-border, to services provided at single piece tariff and to other postal items”.
Recital 38 of Directive 2008/6/EC refers that “in a fully competitive environment, it is important, both for the financial equilibrium of the universal service as well as for limiting market distortions, that the principle that prices reflect normal commercial conditions and costs is only departed from in order to protect public interests. This objective should be achieved by continuing to allow Member States to maintain uniform tariffs for single piece tariff mail, the service most frequently used by consumers, including small and medium-sized enterprises. (...)”.
Whereas:
- It is expected that competition remains limited, in the short and medium term, in the segment of mail sent by residential users and small and medium-sized enterprises that mostly send one-off pieces of mail, paid mostly with stamps and postage stamps at post stations/CTT stores;
- A possible application of different tariffs, geographically speaking, for postal items weighting less than 50 g sent by these users, could lead to an unnecessary complexity, even to a lower degree of use of postal services by these users and ultimately hinder the fulfilment of their need for postal services, and thus the affordability of postal services that integrate the universal service,
It is deemed that there are grounds to impose the referred obligation for a uniform tariff on postal items weighting less than 50 g, in the national service, sent by users of the occasional segment, mainly residential users and small and medium-sized enterprises.
The imposition of an uniform tariff, for single pieces of mail, has also been the option taken in some European Union Member States, such as the United Kingdom, the Netherlands, France1, Belgium, Sweden, Finland (in the case of non-priority correspondence, in the national service), Ireland and Italy. In Germany, a uniform tariff is not required, but it is applied in practise by the incumbent.
1 In the case of France, uniform tariffs apply only to single piece mail, although bulk mail is also part, just like in Portugal, of the scope of the universal service.
