Mary White (Carlow-Kilkenny, Green Party)

It is not proposed to accept this amendment. Its effect would be to remove the need for An Post or any designated universal postal service provider to notify ComReg of its tariffs or changes thereto. Tariffs are an integral part of universal postal service providers' terms and conditions.

In the context of safeguarding the interests of users, the general terms and conditions, including the terms and procedures for dealing with consumers, under which An Post as a designated universal postal service provider, or any other designated provider, provides universal services, must be approved by ComReg. Charges for postal services not within the scope of universal service are not subject to ComReg's oversight.

In addition, Recital (34) of the first postal services directive states that Directive 93/13/EEC on unfair terms in consumer contracts applies to postal services. Oversight by ComReg gives the operator a practicable defence to any claims that even where its terms and conditions are not negotiated with its consumers, they are unfair and therefore unenforceable. Such protection is especially needed where users have no bargaining power.