Note on the application of Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services

10 December 2018

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.

Summary of data to be provided to NRAs by providers in scope of the Regulation

  • Providers are required to inform the NRA in the event that they fall within the scope of the Regulation and to provide contact details and other information (Article 4(1)).
  • Data relating to volumes, revenues, headcount and sub-contractors is required to be provided to the NRA by the 30th of June of the year after the year to which the data relates (Article 4(3)).
  • Specified data relating to tariffs (Article 5) is required to be provided to the NRA by the 31st of January each year.

Application of the Regulation in the UK

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)).

Next steps for those providers required by the Regulation to provide data

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.

  1. Article 4(1): An Excel form to be completed by the provider (XLS, 29.0 KB) can be returned to Ofcom at CrossBorderParcel@ofcom.org.uk. This is an Excel version of the form in Annex I of The Commission Implementing Regulation (EU) 2018/1263 of 20 September 2018.
  2. Article 5: We envisage that providers may wish to use a web tool developed by the European Commission to submit the tariff data required by Article 5 of the Regulation by 31 January each year. The first time this data must be provided is 31 January 2019. Further details on the web tool will be provided here as soon as the information becomes available.
  3. Article 4(3): We envisage that providers may find it easiest to submit the data required by Article 4(3) of the Regulation, which must be provided using the form set out in Annex II of the Commission Implementing Regulation (EU) 2018/1263 of 20 September 2018, via Ofcom’s Market Intelligence Database (MID). This is a secure online system already used by our stakeholders to provide data to Ofcom. We envisage that operators will be able to submit this data into MID from spring 2019, ahead of the deadline of 30 June 2019 for 2018 data.  Further guidance will be provided to operators in due course.

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.

Frequently asked questions

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.