Concept of unreasonable financial charge for purposes of compensation of the net cost of the universal postal service

On 26 June 2010, ANACOM approved the draft decision (SPD) on the conditions under which the net costs of the universal service may be considered to represent an unreasonable financial charge to the respective provider(s) of the universal service (PSU). These conditions are applicable to PSU that are appointed under subparagraph b) of number 1 of article 17 of the Postal Lawhttps://www.anacom.pt/render.jsp?contentId=1127982, in order to ensure the universal service after the end of the concession contract currently in force.

ANACOM considers that there is no unreasonable financial charge for the respective PSU, when this PSU undertakes to deliver a remuneration to the State for the provision of the service.

ANACOM also considers that there is an unreasonable financial charge for the respective PSU, in all other situations, when at least one of the following conditions is met:

a) the value of the market share of the PSU, calculated in terms of revenues of the contracted service(s) of the universal service is less than 80%; or

b) the value of the net cost of the universal postal service is equal to or more than 3% of the PSU's revenues obtained from the contracted service(s) of the universal service.

This draft decision is submitted to the public consultation procedure stipulated in article 9 of the Postal Law, with the period of 20 business days having been established for the stakeholders, should they so wish, to comment in writing in the Portuguese language.