Festschrift für Fritz W. Scharpf - MPIfG

112 II · Politik und Demokratie in Europa
The third sector under analysis here, telecommunications, has the longest
European tradition of liberalization. However, although there are a growing
number of operators and service providers, many segments of the market are
still dominated by the large incumbents. In order to systematize the fragmented
telecom regulation, the new framework directive, effective from 2002,
proposes five directives, one of which specifically addresses services of general
public interest. Universal service obligations, which have already been
defined under Directive 98/10/EC, imply that services must be made available
to all users, independent of geographical location, at an affordable price.
The directive also defines the quality of service, conditions of usage and
tariff principles. Directive 97/33/EC sets out provisions on the cost and financing
of universal service. These elements are included in the proposal for
a new regulatory framework that the Commission submitted in 2000 (CEC
2001: 19). It is a particular feature of the telecommunications sector that the
attempt to balance universal service obligations with the swift development
of the market has led to a dynamic view of universal service and the inclusion
of innovative types of services into the package (CEC 2000: 27).
Postal services offer a stark contrast to telecommunications in that they
are a latecomer to liberalization. The present regulatory framework has
opened only a very small part of the market to competition. The Commission
clearly pursues further liberalization objectives and uses its hierarchical
powers of intervention against individual member states. In 2001 it penalized
postal services five times for abuse of dominant position (Nouvelles
Europe 2001c: 3). 4 At the same time, the Commission has always stressed
the importance of maintaining general interest services. Directive 97/67/EC
defines universal service as a service accessible to all users on a permanent
basis (daily, five times a week) at affordable prices. These guarantees will
remain in place under the proposed amendment of the postal services directive.
4 Thus, in 2001, it imposed a fine on the Deutsche Post AG for abuse of its dominant position
in granting fidelity rates and selling below cost on mail-order commercial parcel
services, which was made possible thanks to its reserved sector (letters). It was also asked
to create a separate firm for each service (Nouvelles Europe 2001a: 1). Similarly, the Belgian
Post has been fined by the Commission for abuse of a dominant position. Belgian
Post has used financial resources from its monopoly to impose a new mail service on its
insurance companies’ clients. “The Belgian Post had in so doing given itself the possibility
to remove from the market, in a day, the British private company, Hays” (Nouvelles
Europe 2001c: 3).