31.12.2010

EN

Official Journal of the European Union

L 347/29

(1)

By e-mail dated 30 April 2004, the Polish authorities notified two aid schemes in favour of the Polish postal operator Pa艅stwowe Przedsi臋biorstwo U偶yteczno艣ci Publicznej Poczta Polska (hereinafter ‘PP‘�, under the ‘榠nterim mechanism procedure‘� provided for in Annex IV.3 of the Act of Accession, which forms part of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union.

(2)

The two aid schemes were registered under the following numbers: PL 45/04: Compensation to PP for carrying out universal postal services and PL 49/04: Aid to PP for investment related to the provision of universal postal services.

(3)

On 26 July 2004, 26 November 2004 and 7 February 2005, the Commission requested additional information. The Polish authorities submitted additional information by letters dated: 10 September 2004, 27 October 2004, 3 December 2004 and 29 March 2005.

(4)

Two meetings between the Polish authorities and the Commission‘檚 services were held on 25 October 2004 and on 31 January 2005. On 20 June 2005, the Commission received additional information from the Polish authorities.

(5)

By letter dated 29 June 2005, the Commission informed Poland that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the two aid schemes. The two aid schemes were registered under the following numbers: C 21/05: Compensation to PP for carrying out universal postal services and C 22/05: Aid to PP for investments related to the provision of universal postal services.

(6)

The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3) The Commission called on interested parties to submit their comments.

(7)

The Commission received no comments from other interested parties.

(8)

Poland submitted its comments by letter of 9 August 2005. A meeting between the Polish authorities and the Commission was held on 10 January 2006. The Commission required additional information by letter dated 24 January 2006.

(9)

By letter of 10 February 2006, the Polish authorities informed the Commission of their intention to withdraw the notification of the aid scheme C 22/05: Aid to PP for investments related to the provision of universal postal services. Following the request of the Commission of 27 February 2006, the Polish authorities indicated by letter of 13 March 2006 that they will not proceed with the aid project covered by the above notification and changed the legal framework of the scheme in order to remove the possibility to grant investment aid (4).

(10)

By decision of 27 April 2006, the Commission decided to terminate the proceedings under Article 88(2) of the EC Treaty in respect of the aid C 22/05: Aid to PP for investments related to the provision of universal postal services, because it had become without object (5) since the aid was never implemented.

(11)

By letter of 23 February 2006, the Polish authorities sent the Commission additional information in respect of the State aid case C 21/05: Compensation to PP for carrying out the universal postal service. They indicated however that in 2004 and 2005, no State compensation was granted to PP for carrying out the postal service obligation. The scheme in question was never funded and never applied in 2004 and 2005.

(12)

By decision of 9 January 2007, the Commission decided to terminate partially the proceedings under Article 88(2) of the EC Treaty in respect of the aid C 21/05: Aid to PP for carrying out the universal postal service for the period 2004-2005, because it has become without object since the aid was not implemented in 2004 and 2005. The proceedings under Article 88(2) of the EC Treaty remained open as for the period 1 January 2006 onwards (6). By letter of 3 January 2007 the Commission asked information on the aid scheme in question for the period 2006 onwards. The Polish authorities replied by letter of 1 February 2007.

(13)

PP held the status of Public Utility Company and exercised its activities on the basis of ‘楢ct of 30 July 1997 on State Enterprise of public utility PP‘� In its decision of 24 April 2007 concerning State aid case E 12/05: Unlimited State Guarantee to Poczta Polska, the Commission considered that the impossibility for PP to go bankrupt because of its legal status provided the undertaking with an unlimited State guarantee (7).

(14)

Under the plan adopted by the Council of Ministers on 11 April 2006, the transformation of the ownership of Poczta Polska was to take place in two stages, i.e. commercialization and privatisation. On 25 June 2008, Poland informed the Commission of the entry into force on 25 April 2008 of a new law dated 11 April 2008 amending the one providing PP the impossibility to be subject to ordinary bankruptcy proceedings. On the basis of the new law, it was not clear to the Commission though what legal regime applies to PP since its legal status did not appear to have been changed.

(15)

The first stage of transformation was implemented under Act of 5 September 2008 on commercialisation of the public utility PP (8), thereby PP was transformed from a State enterprise into joint-stock company (Sp贸艂ka akcyjna) in which the Treasury holds 100 % of the shares. As a consequence, PP lost the legal status which prevented it to go bankrupt. The unlimited State guarantee in favour of PP has been thereby abolished and the company is now subject to ordinary bankruptcy proceedings.

(16)

Several meetings between the Polish authorities and the Commission were held on 27 June 2007, 20 July 2007, 26 September 2007 and 25 July 2008.

(17)

Following these meetings the Polish authorities transmitted complementary information which was registered by the Commission on 7 December 2007 (A/40109/a), 8 February 2008 (A/2536), 15 April 2008 (A/7047), 28 April 2008 (A/8137), 18 June 2008 (A/13261), 7 November 2008 (A/23609), 6 January 2009 (A/191), 2 February 2009 (A/2483), 29 April 2009 (A/10409), 15 June 2009 (A/14530), 4 September 2009 (A/19121), 14 September 2009 (A/19796), 25 September 2009 (A/20558), 1 October 2009 (A/20997) and 2 November 2009 (A/23309).

(18)

PP is the current national postal operator, which was established on 1 January 1992, by Ordinance of the Minister of Communication of 4 December 1991 and results from the transformation of the Office of Post and Telecommunications into postal and telecommunications units.

(19)

By way of ‘楢ct of 12 June 2003 ‘�Postal law‘�(hereinafter ‘Postal Law‘� (9), PP is entrusted (10) with the obligation to provide the universal postal service on the whole territory of the Republic of Poland.

(20)

Through the implementation of the Strategy for Development of PP for 2004-2006, PP was transformed into a holding company. Consequent to these changes, the state-owned PP group is composed of the following subsidiaries:

(21)

In 2007, the company provided its services through 8 692 post offices, of which 53 % were located in rural areas and 47 % in urban areas. PP is the largest employer in Poland; in 2006, it employed over 95 000 employees.

(22)

PP is mainly active in the postal sector. The company provides, besides the universal postal service (reserved and non-reserved), free services that are not of universal character such as express delivery services, philately, and distribution of press or direct marketing services.

(23)

As a result of the continuing downward trend in volumes of public postal services, particularly at rural offices, in order to make maximum use of infrastructure and human resources while respecting its obligatory accessibility requirement, the Polish Post Office has for several years been developing financial and other commercial activities as well as cooperating with some financial or insurance companies. Some loss-making commercial services are currently being eliminated in the frame of the ‘榗orrective program‘�launched at the end of 2008. Moreover, the Polish Post is aiming at increasing in the near future the number and volume of services provided for Bank Pocztowy, PAUF and PTUW which together with the current process of renegotiating the transfer prices should, according to Poland‘檚 expectations, lead in some years to ensure PP group a satisfactory return from the activities carried out on behalf of these subsidiaries.

(24)

PP‘檚 financial activities include sale of products belonging to Bank Pocztowy (a subsidiary of the bank PKO BP and PP) i.e. loans, accounts and deposits, leasing services (through PP‘檚 subsidiary-Post Media Serwis), different financial services including money transfers towards banking accounts, delivery of cash to the addressee‘檚 home in the form of a Postal Cash Payment Instruction, collection of Radio and TV licence fees and processing of banking checks issued by different banks and cash credits. PP is also active in the insurance market with the distribution of insurance and finance products from enterprises holding capital ties with Poczta Polska, i.e. PAUF, OFE Pocztylion and TUW Pocztowe (12). PP also manages a pension fund called Pocztylion -Arka PTE S.A.

(25)

Finally, PP also provides IT services through its subsidiary-Postdata and e-commerce services.

(26)

From an organisational perspective, PP consists (13) of

(27)

During the financial year 2006 PP achieved a turnover of PLN 6 289 million (14), an operating profit of PLN 146 million and a net profit of PLN 124 million. As at 31 December 2006 the own capital amounted PLN 1 573 million, the total liabilities including provisions for liabilities PLN 2 597 million of which current-liabilities were PLN 1 525 million.

(28)

Poczta Polska provides services in 3 activity types:

(29)

In 2006 99 % of PP‘檚 turnover was generated by basic activities, which consist of (i) universal postal services (reserved and non-reserved); (ii) contracted services (mainly other postal services falling outside the scope of the universal postal service, financial services like cash payments into bank accounts and management of Bank Pocztowy‘檚 loans and deposits, radio and television licence management and insurance mediation); and (iii) trade services (mainly sale of trade goods, philately, mail order of textbooks, trade in foreign currency).

(30)

By way of Article 46(2) of the Postal law of 12 July 2003 (17), PP is entrusted with the obligation to provide the universal postal service on the territory of the Republic of Poland.

(31)

Article 3(25) of the Postal law defines as universal postal services the postal services of:

provided within domestic and international traffic on the territory of the Republic of Poland, in a consistent way on compatible conditions and at affordable prices, maintaining quality required by law and ensuring of emptying the mail box and delivery of the postal items at least on every working day and no less frequently than 5 days a week.

(32)

The conditions for the provisions of the universal postal service are defined by the Ordinance of the Minister of Infrastructure of 9 January 2004 on the conditions for the provision of universal postal services (18).

(33)

Routing times are defines as follows:

‘斅犅犅爌riority letters: D + 1 82 %, D + 2 90 %, D + 3 94 %,

‘斅犅犅爊on-priority letters: D + 3 85 %, D + 5 97 %,

‘斅犅犅爌riority parcels: D + 1 80 %,

‘斅犅犅爊on-priority parcels: D + 3 90 %.

(34)

A post office should be operated:

(35)

Also each county (gmina) of over 2 500 inhabitants should have at least one post office. A county with less than 2 500 inhabitants can be served by a neighbouring county‘檚 post office or a mobile post office provided that it ensures a better quality of service or has a prior consent of local authorities. Every outlet should be open at least 5 days a week.

(36)

Article 47 of the Postal Law defines the services which are reserved for PP. These services are:

(37)

Pursuant to Article 47 of the Postal Law fees for provision of universal postal services should be established with regard to the costs of their provision, should be uniform on the entire territory of the country, transparent and non-discriminatory.

(38)

Moreover the subsidisation of universal postal services which are not reserved with the income from reserved services is explicitly prohibited in the same law.

(39)

According to Article 12 of the ‘楢ct of 30 July 1997 on State Enterprise of public utility PP‘�the Polish Post shall run its business basing upon its own plans, following the rule of cost efficiency and economic effectiveness.

(40)

On the basis of 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, Poland intends to abolish legal monopolies on postal services by 31 December 2012 at the latest.

(41)

On the basis of Article 17 of the ‘楲aw of 30 July 1997 on State Enterprise of public utility PP‘�a href="#ntr19-L_2010347EN.01002901-E0019" id="ntc19-L_2010347EN.01002901-E0019" shape="rect"> (19)