12. 1. 90 Official Journal of the European Communities No L 10/47 ] (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 December 1989 concerning the provision in the Netherlands of express delivery services (Only the Dutch text is authentic) (90/16/EEC). THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 90 (1) and (3) thereof, Having given the Netherlands authorities the opportunity to make know their views on the objections raised by the Commission in respect of Articles 2 and 12 of the new Postal Law, Whereas : 1. THE FACTS The measure in question (1) By Articles 2 and 12 of the Law of 26 October 1988 on the operation of the postal service (postal ‘code), the Netherlands prohibit all undertakings other than the franchise of the postal service, i.e. the undertaking PTT Post BV, from collecting, - transporting and distributing letters weighing up to 500 grammes, unless the undertakings satisfy all three of the following conditions : ' — they must be registered, — they must provide a significantly better service than that provided by the Post Office as regards delivery times and supervision during carriage, — the price for such services must be not lower than the minimum established by the implementing Decree (algemene maatregel van bestuur). @ The Government of the Netherlands adopted a Decree on 19 December 1988 (Besluit minimumta- rieven koeriersdiensten) (') fixing the minimum in question at F1 11,90 for inland deliveries or to other Member States and at Fl 17,5 for the service to non-Community countries. The minimum is not applicable to the PTT Post -BV or to its EMS service. The amounts laid down by the Decree are higher than some rates charged previously by private express couriers operating in the Netherlands, both for deliveries with the Netherlands and for those to other Member States. Furthermore, under the Decree of 12 May 1989 (3 which defines the conditions of registration, only private express courier services are required to register their rates each year before 1 March. This second measure is designed to prevent any variation in charges negotiated with important customers. It particularly affects undertakings located outside the Netherlands as they will be obliged to register their rates annually at The Hague, irrespective of the number of letters collected in the Netherlands. The previous situation Prior to the entry into force of the Law of 26 October 1988, the postal service was regulated by the Postal Law of 1954. The Post Office also held exclusive rights to collect and distribute letters (") Staatsblad 1988, 605. (3) Staatscourant, 8. 6. 1989, No 109.