Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery (“the Regulation”) requires parcel delivery service providers that meet the criteria set out in the Regulation to provide certain data to the relevant National Regulatory Authority (NRA). Ofcom is the relevant NRA for the United Kingdom.
The Regulation sets out which providers fall within the scope, the data they have to provide and the deadlines by which the data must be provided.
Providers should consult the Regulation to determine whether or not they are required to provide Ofcom with data and should seek their own independent advice if they are unsure whether or not they are required to provide data.
Ofcom has chosen not to apply the lower threshold of 25 people permitted under Article 4(7), meaning the relevant threshold remains 50 persons. Furthermore, Ofcom has decided not to include in the threshold persons working for an operator’s subcontractors (Article 4(6)).
To reduce the burden on those providers that are required by the Regulation to provide Ofcom with data, the following arrangements are being put in place to aid providers.
Data provided in the Excel form in (1) will also be used by us for the purpose of setting up and managing user accounts for the online systems for operators to provide the data required under Article 4(3) and Article 5. In order to register for an account to use the online systems to provide the data required under Article 4(3) or Article 5, a provider must first contact Ofcom at CrossBorderParcel@ofcom.org.uk.
If additional user accounts are required, providers are asked to note this in the email and provide details of the user(s) name and contact details, including email address. Providers are responsible for ensuring that personnel contacts and user account details remain up to date.
Please note that a provider’s obligation to provide Ofcom with the data specified in the Regulation is distinct from obligations imposed by us under Section 55 and Schedule 8 of the 2011 Postal Services Act to provide Ofcom with specified information upon demand. This includes Ofcom’s ongoing annual programme of data collection from selected letters and parcels operators.
For further information and to return the Excel form to Ofcom please email: CrossBorderParcel@ofcom.org.uk.
Please note this is not legal advice and is provided only for the convenience of stakeholders, who are strongly advised to familiarise themselves with the wording of the Regulation itself. Stakeholders should not rely on this in determining whether they must provide Ofcom with data and may wish to seek advice from an independent third party.