REGULATION OF ACCESS TO POSTAL INFR ASTRUCTURE IN POLAND ON THE EX AMPLE OF SELECTED EUROPEAN UNION COUNTRIES

The purpose of the article is to attempt to recognize the problem which is access to postal infrastructure in the context of selected European countries. The article presents the following research hypothesis – Increasing the use of postal infrastructure will allow for more effective management and an increase of competitiveness of postal operators. In reference to the assumed goal and adopted hypothesis, the following research question was posed in the article – which model of cooperation in the field of access to postal infrastructure is appropriate? In an attempt to answer the question, the article refers first to the situation on the postal market in Poland. Next, it concentrates on the essence of the postal infrastructure, referring to the basic elements. In addition, it focuses on presenting elements with which the postal operators can achieve a synergy effect. The key element of the article is the presentation of proposals for measures to increase the efficiency in the provision of postal infrastructure.


Introduction
In recent years, significant development of postal markets has been observed. This is the effect of changing consumer preferences and the development of modern technologies. Along with technological development, there is a change in the behavior of prosumers -from prosumers whose activity is controlled by companies who give them individual elements so that they can make or modify a product according to their own preferences -to prosumers

The postal services market in Poland
Postal services, despite growing competition from modern forms of electronic communication and the emergence of new telecommunications products (Budziewicz-Guźlecka, 2009), are still a significant and necessary tool for exchanging information and goods, providing society with important social and economic benefits. The total value of the Polish postal services market in 2016 amounted to PLN 7,649.98 million. As at the end of 2016, there were 291 entities in the register of postal operators, however, a significant part did not undertake the postal activity or suspended it. 151 postal operators (Raport..., 2017) were active in the provision of postal services. For several years, the Polish postal market has also been the place of liberalization changes resulting from three subsequent directives of the European Parliament and the Council (Tochkov, 2015). The guidelines included in the European Union directives have been implemented into the Polish legal order by the Postal Law Act (Tochkov, 2015). In the light of this Act, of great importance to the Polish postal services market is article 71 which defines the concept of a designated operator, 1 elected for a period of 10 years by decision of the President of the Office of Electronic Communications (UKE) from among the postal operators selected in a competition announced by the President of UKE. The competition may be entered by any postal operator conducting postal activity on the basis of an entry in the register, who has economic and technical capacity including at least: -A network of post offices, -Network of distribution centres, -Means of transport, -Organization of the enterprise, Vol. 27/1, 3/2018 Regulation of access to postal infrastructure in Poland on the example of selected European Union countries -Financial liquidity -enabling implementation of tasks of the designated operator.
In 2015, in Poland, the competition for the postal designated operator was won by Poczta Polska SA who will provide universal services until 2025.
Post offices as a basic element of the postal network in Poland against the background of selected EU countries Postal designated operators in all European Union countries pursuant to the provisions of Directive 2008/6/ EC have a legal obligation to make available to other operators selected elements of their own postal infrastructure, as is apparent from Article 11a. In the remaining scope, the Second Postal Directive does not, however, introduce specific harmonization provisions, but leaves it to the discretion of the Member States how to regulate this access depending on the needs of the domestic postal market. These regulations are different because Postal laws adopted in individual countries are of a comprehensive nature. This means that access to the postal infrastructure must be considered jointly, inter alia, with such stipulations as the question of the provision and financing of the universal service.
The starting point for the analysis of the network of postal operators is the reference to post offices, which constitute a basic element of the postal network. Based on the data obtained 2 , it was demonstrated that in the years 2008-2016 the total number of post offices in the countries surveyed increased by 3.1% on average each year. In the case of universal service providers, this dynamic was at the level of approx. 0.6% each year, while in the case of other postal operators, the growth was at the level of about 8.2% annually. This trend was disturbed in 2015-2016 when there was a clear drop in post offices in the group of other postal operators. The main reason was the decrease in the number of these facilities in Poland (from 16,908 in 2015 to 8,616 in 2016). This was due to the fact that in 2016 a key competitor of Poczta Polska SA, after losing the contract for the delivery of court correspondence, withdrew from the market of letter-post items, and most of its nationwide outlets were liquidated. Nevertheless, in some countries, the number of post offices has increased significantly, as in countries, such as Germany (92.3% 22), Estonia (61.8%) and Denmark (45.5%). Figure 1 shows the number of post offices of universal service providers and other postal operators in the years 2008-2016 in selected European countries.
An essential element of the postal infrastructure, which has been gaining more and more importance in recent years, is the parcel lockers system. Parcel lockers is a system of automatic postal boxes (or postal terminals) used to send and receive parcels. These devices constitute a significant support for the postal infrastructure of a postal operator, as they are located in public places, easily accessible 24 hours a day. Analysis of the elements of postal infrastructure including parcel lockers revealed that not all national regulatory authorities monitor this element of infrastructure. 3 However, the upward trend clearly emerges; their number is growing as expected. The exceptions are declines in the Czech Republic, where the number of parcel lockers of universal service providers has dropped by 50% and in the Netherlands, where there was a 21% decrease for parcel lockers of other universal service Anna Drab-Kurowska, Michał Kuściński providers. It is necessary to clarify the situation on the Polish postal market. Despite the fact that Poland has this element of postal infrastructure, the presented statistics indicate the lack of this form of postal infrastructure for other providers of universal services in the years 2015-2016. It results from the fact that the network of parcel lockers was sold (and then transferred back) to an entity that is not a postal operator, therefore the national regulatory authority was unable to collect data on this entity. Table 1 presents the number of parcel lockers for universal service providers and other postal operators.  Vol. 27/1, 3/2018 Regulation of access to postal infrastructure in Poland on the example of selected European Union countries The number of parcel lockers increased significantly in some countries, especially in Spain and Poland. In Spain, the impressive growth in the number of parcel lockers in 2015-2016 results from the strategy of a universal service provider who in 2015-2016 massively installed automatic postal boxes. At the end of 2016, the number of parcel lockers in Spain was the highest in comparison to other surveyed countries and amounted to 2,305. It should be pointed out that this element of postal infrastructure began to play a significant role especially in the context of the development of electronic commerce, both B2B and B2C dimension. Due to the increasing use of the Internet, as well as the growing number of entities making online payments, there was a certain gap in the market, which was now filled by parcel lockers (Ciepaj, 2012). Interestingly, in Poland in 2016 alternative operators had 8,615 outlets, while the designated operator had 7,497 post offices. It results, among other things, from the fact that, to an ever greater extent, postal services are provided with the use of machines for postal customer service. 4

YES NO
In order to gain access to the postal network, the universal service provider uses a reference offer for access with the same access conditions for other postal service providers, consolidators and natural persons. In Croatia, business users/ large postal companies do not use the access to the postal network. The rules regarding offers and the control of access prices to the postal network are not the same as special tariffs and conditions applicable to business users/large customers

Czech Republic
The Postal Act states that the universal service provider is obliged to allow access to the "delivery service at addresses given on postal items" as part of the general obligation to provide access to postal infrastructure n.a.

Denmark
The universal service provider is required to provide access to mailboxes and address bases

No network access
The universal service provider does not provide access to the network. It offers a mass mail tariff, which each player can use depending on the terms of the offer The universal service provider publishes virtually the same offers for postal service providers (for access to the postal network) and for contract customers (companies, mass envelopes or mail consolidators). There are currently 9 agreements on access to the postal network in Lithuania

Malta
The legislation provides for commercial negotiations on access to the network between postal operators, including universal service providers, and for the market regulator to impose on universal service providers the network access obligation.

Holland n.a. YES
The national regulatory authority believes that PostNL has a significant market position and should, therefore, provide access to its network under other obligations on the basis of transparency and non-discrimination in order to mitigate the potential damage to competition resulting from its significant market position

Poland
The designated operator in Poland is only required to provide operators with access to postal infrastructure components: post-office boxes, own mailboxes, a zip code system identifying areas for postal items delivery and a database with information on address changes for the purpose of re-addressing postal items n.a.

Portugal
The Portuguese Postal Law states that the universal service provider ensures access to their network, and the universal service network means the postal network on which the universal service is provided In 2016, the universal service provider published an access offer, which is currently being analyzed. In addition, the national regulatory authority is currently resolving a dispute between the universal service provider and other postal operators Romania YES YES n.a.

Serbia YES
In Serbia, access is defined in the contract between the universal service provider and the applicant/recipient of access to the network (no contract has yet been concluded)

YES
No postal operator providing substitute services for universal service has yet asked for access to the network Slovenia

YES NO
If the interchangeable service provider requests access, and the access agreement is not concluded within four months, the provider of interchangeable services may require the national regulatory authority to decide on access Spain

YES NO
The postal act includes access to other infrastructures, such as a postal code system, address database, post office boxes, delivery boxes, change of address information, redirection service and sender return service Spanish law provides access to universal services and other infrastructures. In practice, the universal service provider ensures network access to alternative operators through mass reception centres in accordance with the terms "negotiated" with them Great Britain

YES YES
Royal Mail provides access to the bottom of its network at the entry point to internal shipping centres. Here the final sorting of postal items takes place, and then the mail is forwarded to the Royal Mail delivery offices to be delivered to the destination. The regulatory office has recently carried out a review of postal regulations, including the access framework n.a -not applicable.
Vol. 27/1, 3/2018 Regulation of access to postal infrastructure in Poland on the example of selected European Union countries In most of the countries surveyed, 5 it was found that the universal service provider ensures access to its postal network to other postal operators. In Spain, the universal service provider is required to draw up a standard contract for access to the postal network, which will be approved in advance by the national regulatory authority and published both on the website of the operator and the national regulatory authority itself. Similarly, in the Czech Republic and Croatia, the universal service provider is required to publish a reference offer. It should be pointed out that representatives of ten countries with negative responses stated that the universal service provider does not provide access to the postal network. In France, the universal service provider does not provide access to the network, but offers tariffs for wholesale postal items, which each market participant may use depending on the terms of the offer. An interesting solution occurs in Slovenia. If the service provider requests access and the access agreement is not concluded within four months, the postal operator may require the national regulatory authority to decide on access.

The access regulation model for postal infrastructure
An analysis of European legislation has shown that different models of providing the postal network are used. By examining individual markets, three models of cooperation between postal operators can be distinguished, as shown in Figure 2. From the models of postal infrastructure provisioning shown in Figure x, a solution that would ensure that non-public operators use the designated operator's infrastructure in a different scope is considered to be justified. On the other hand, elements of the postal network whose sharing is not an obligation resulting from the provisions should be made available on a commercial basis. It should be considered important to establish the possible scope of cooperation between operators, and appropriate prices that will ensure the profitability of the service and will allow for avoiding disputes. An account of the costs incurred and the benefits obtained will have a key role in deciding whether to share the network. All postal operators should strive for solutions favouring the synergy effect of both parties, while avoiding the situation where competing entities will use access to its infrastructure to maximize their chances of winning and become a leading operator, limiting the role of a designated operator who is a universal service provider, to the role of a subcontractor. Figure 3 presents elements affecting the achievement of the synergy effect that both the designated operator and alternative operators face.  The application of the recommendations presented in Figure x will allow postal operators to effectively use their infrastructure. In addition, it should be emphasized that the designated operator has a chance to obtain additional revenues resulting from cooperation with other entities operating on the postal market.

Conclusions
The analysis of the European postal market has shown that there is still a need for administrative control of access to postal infrastructure, especially where it is still not strictly defined in the legal framework, and there is a clear limitation in the context of the functioning of competitive entities. In Poland, alternative operators expand their network mainly with a model of external collection points and through a network of parcel lockers. Poczta Polska, in accordance with the new strategy for 2018-2022, gradually develops its own network of post offices, but also, just like the market does, expands the click & collect network, i.e. external collection points for e-commerce clients. However, support by the regulator is necessary in order to promote the development of competition in the postal sector.