Whereas:
a) CTT undertakes to provide the services that comprise the universal service in accordance with the quality of service parameters and performance targets established by ANACOM, pursuant to Article 13 (1) of the Postal Act;
b) based on the information available regarding the values achieved by CTT, in 2018, the values of QSI2 and QSI7 did not meet the respective minimum values established for the year;
c) in accordance with the rules applicable in 2018, as laid down in the decision of 12.07.2018, non-compliance with these minimum QSI values results in the application of a user compensation mechanism;
d) according to the same decision of 12.07.2018, with effect from 01 January 2019, the figures relating to the QSI for cross-border intra-community mail are not relevant for the purposes of applying the user compensation mechanism;
e) the grounds on which the decision to disregard, with effect from 01.01.2019, the values calculated for the QSI of cross-border intra-community mail remain valid, regardless of the reference period for the quality assessment of the universal postal service provided by the concessionaire. It is appropriate for ANACOM to consider such grounds in accordance with the principles set out in Article 47 of the Postal Act, in particular the principle of proportionality, under the terms of which this Authority understands that the 2018 QSI should be subject the rule established in the decision of 12.07.2018 (which would apply from 01.01.2019) which provides that the figures found in transit times in cross-border intra-community mail (QSI7 and QSI8) should not be relevant for the purposes of applying the user compensation mechanism;
f) CTT’s prior hearing has been held regarding the draft decision concerning the values of the quality of service indicators found by CTT in 2018, including the statement received and the respective analysis of the “Prior hearing report regarding the draft decision concerning values of the quality of service indicators found by CTT – Correios de Portugal, SA, in 2018”, which forms an integral part of this decision,
ANACOM’s Management Board:
- in the exercise of the duties and powers conferred upon ANACOM, respectively, by Article 8 (1) (h) and (i) and Article 9 (1) (g), (h) and (p), all of its Charter, as approved by Decree-Law 39/2015, of 16 March;
- in the exercise of the powers conferred upon it by Article 26 (1) (b) of the ANACOM Charter; and
- observing the provisions of Article 13 (1) and Article 47, both of the Postal Act (Law 17/2012, of 26 April, as per the current amended version), paragraphs 1 and 2 of Base XII of the Basic acts of concession of the universal postal service (as approved by Decree-Law 448/99, of 04 November, as per the current amended version), Articles 1 and 7 of the “quality of service and performance targets associated with the provision of the universal postal service”, as approved by ANACOM’s decisions of 30.12.2014 and 13.03.2015, applicable to the 2018 QSI by means of ANACOM’s decision of 12.07.2018, which laid down the “quality of service parameters and performance targets associated with the provision of the universal postal service” for the 2018-2020 period, and taking into account Appendix 2 of that decision (which contains the rules of the compensation mechanism for non-compliance with the defined performance targets, to become effective from 01 January 2019),
determines:
1) Approval of the “Prior hearing report regarding the draft decision concerning values of the quality of service indicators found by CTT – Correios de Portugal, SA, in 2018”;
2) The application of the compensation mechanism provided for in Article 7 of the “quality of service parameters and performance targets associated with the provision of the universal postal service”, as laid down in ANACOM’s decision of 30.12.2014;
3) That, for the purpose of applying the compensation mechanism referred to in the preceding paragraph, the value found for the cross-border intra-community mail quality of service indicator (QSI7) should be disregarded;
4) In accordance with the preceding paragraphs, the application of the 0.06% deduction to the weighted average variation in the prices of the basket of letter, parcel and editorial mail services allowed for the year 2019 – this change being CPI + CPIAF - 0.25% + TCF - 0.06% – this deduction should benefit all users of those services;
5) That CTT should be ordered to start the application of the deduction determined in the preceding paragraph by 01.10.2019, and for a minimum period of three months;
6) That CTT should be ordered to inform ANACOM of the deduction of prices to be implemented in accordance with the preceding paragraphs, prior to its date of application, accompanied by information demonstrating compliance with this determination, namely, the maximum price variation allowed for 2019, as determined in paragraph 4) above.
