Chapter 3: further alignment of the legislative framework with the Third Postal Directive

The PLAC III project has continued to provide support to the Ministry of Information and Telecommunications in harmonising the legislation on postal services with Union acquis.

Within previous support, the Postal Services Strategy was drafted, as well as a proposal for some amendments to the Law on Postal Services.

The Law on Postal Services has yet to be fully aligned with the provisions of the so-called Third Postal Directive 2008/06/EC. In addition, Serbia should further align its legislation with Regulation (EU) 2018/644 on cross-border parcel delivery services. The Strategy envisages goals aimed at the comprehensive development of the postal services market in the Republic of Serbia and its integration within the single European market, and for this purpose the adoption of the Law on Amendments to the Law on Postal Services.

In a new activity, project expert Estera Rakić has worked on a proposal of amendments to the Law on Postal Services based on the legal gap analysis in relation to the Third Postal Directive, conducted also through the PLAC III project.

Rakić presented the proposed amendments to the law at a workshop held in Belgrade on 30 November. The changes refer to cross-border package delivery services, as well as to “non-postal legislation” (consumer rights, state aid, customs regulations, transport of postal items with dangerous goods, etc.) that have a direct impact on the functioning of the postal services market.

The amendments aimed at alignment with the Third Postal Directive, implementation of the Regulation on cross-border package delivery services, digitizing operations, encouraging competition and transparent operations. The proposed changes also relate to alignment with non-postal rules such as the Law on Prevention of Money Laundering and the General Regulation on the Protection of Personal Data. Additionally, they enable supporting the activities envisaged by the Green Agenda for the Western Balkans (extension of delivery deadlines, introduction of delivery machines, etc.)

As Rakić presented, the proposed amendments introduce the complaint procedure as well as an obligation for operators to work transparently, maintaining a website and publishing a price list on it. The term “subcontractor” was introduced as a legal entity that performs some of the phases of the postal service for the operator. With the goal of digitization, it is planned to introduce the possibility of receiving shipments without a physical signature and issuing all postal documents in digital form.

The workshop was attended by representatives of the line ministry and RATEL as a regulatory body.

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