ANACOM decides not to admit CTT complaint


On 30 November 2018, CTT - Correios de Portugal (CTT) presented a complaint regarding ANACOM’s decision which established the pricing criteria of the universal postal service for the period 2018-2020, considering that the most recent inflation forecasts should have been used (forecasts issued on 5 November 2018).

ANACOM made this complaint public with disclosure on its websitehttps://www.anacom.pt/render.jsp?contentId=1465556, in the "Público" newspaper of 17 December and with publication of Notice no. 19155/2018https://www.anacom.pt/render.jsp?contentId=1465598 in 2nd Series of Diário da República (Official Journal) of 20 December. Consumer organisations were also notified of the complaint as counterparties.

The interested parties were given 15 working days to submit their positions, as they saw fit, with regard to CTT's request and respective reasoning. Upon expiry of this period, on 14 January 2019, it was reported that no responses had been received.

It is recalled that ANACOM approved the criteria governing the pricing of the universal postal service for the period 2018-2020 by decision of 12 July 2018https://www.anacom.pt/render.jsp?contentId=1457197, and only set aside, for a later date, determination of methodology to be used for forecasting traffic in the basket of non-reserved postal services for the same period, and consequently, given its dependence, the maximum variation in prices of reserved postal services to be applied in 2019 and 2020. This variation was decided by determination of 5 November 2018.

ANACOM's view is that any complaint about estimated changes in the value of inflation and about the methodology followed in the preparation of these estimates, to be considered in setting the criteria for the pricing of the universal postal service for the 2018-2020 period, should have been advanced in response to ANACOM's decision which, on 12 July  2018, defined that value and methodology.

ANACOM also considers that a constant change in methodology, or a constant updating of the estimates or values to be considered, would call into question the very visibility of the applicable rules, which is also contrary to CTT's own interest.

In view of the above, and having analysed the reasoning, ANACOM concluded the complaint submitted by CTT to be untimely, and therefore decided, on 15 January 2019, not to consider it.


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