Essential requirements are general non-economic reasons which can induce a Member State to impose conditions on the supply of postal services.

Those reasons are: 

• confidentiality of correspondence;
• security of the network as regards the transport of dangerous goods;
• respect for the terms and conditions of employment and social security schemes; 
• data protection (including personal data protection, confidentiality of information and protection of privacy); and 
• environmental protection and regional planning.

Only eight out of the 21 studied European countries have fully transposed article 2 of the PSD by including all essential requirements in their national legislation.

Three member states (Austria, Ireland, Netherlands) do not impose any essential requirements.

Seven countries have imposed essential requirements beyond the Postal Services Directive, most commonly relating to situations of national emergency or security.

Cullen International’s latest benchmark covers:

• whether any member states have included references to the essential requirements, either in their legislation transposing the postal framework or in subsequent laws or regulations; 
• whether member states have included other requirements that go beyond the PSD; and
• whether NRAs have made statements or taken action based on essential requirements.

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