November 25, 2019

The Explanatory Memorandum explains that the Regulations ensure UK compliance with Article 8 of the EU Cross-Border Parcel Delivery Services Regulation (2018/644/EU), which seeks to improve cross-border parcel delivery services by improving transparency and regulatory oversight of the sector.

Article 8 of the EU Regulation requires Member States to lay down rules on the penalties applicable to infringements of the Regulation and requires them to take all measures necessary to ensure that they are implemented.

The EU Regulation came into force and became applicable on 22 May 2018, except for Article 8 (Penalties), which will become applicable on 23 November 2019 when the UK Regulations enter into force.

In order to comply with Article 8, the Regulations make changes to the Postal Services Act 2011 to ensure Ofcom can utilise its existing information gathering and enforcement powers for the purposes of the EU Regulation. Specifically, it amends paragraphs 1(3) and 4(1) of Schedule 8 to ensure that Ofcom can request information required under the EU Regulation and paragraphs 5(1) and 8(4) of Schedule 8 to allow Ofcom to utilise its existing enforcement powers under Part 2 of Schedule 8 when a provider fails to comply with the Article 4-6 information requirements of the EU Regulation. It also makes amendments to the description of Schedule 8 in section 55 of the Act.

However, on the day the UK exits the EU the Regulations will be revoked by the Postal and Parcel Services (Amendment etc) (EU Exit) Regulations 2018. To access the legislation, click here.