Main regulatory developments

Postal regulations

In 2024, policy discussions regarding the Dutch legislation on postal services have been reopened, after our call for the need for adjustments on the USO in February 2024. This led to a letter by the Minister of Economic Affairs, acknowledging that the situation regarding the USO worsened since July 2023 and that additional steps need to be made in order to safeguard the USO for the future, indicating that measures and studies on short and long term including underlying studies by the regulator ACM are needed, as well as finalizing the ongoing legislative changes on the Postal Law, focusing on a clear division of roles between the ministry and the ACM regarding the continuity of the USO, the protection of end-users, and the access conditions for other postal operators.

In October 2024, the Minister sent his proposal on adjusting the USO to Parliament, but retracted his proposal because Parliament want to await the outcome of the ACM studies to get more insight into the postal market and the developments. Given the economic developments, structural labour shortage and the ongoing volume decline, it is necessary that parliamentary proceedings continue.. In the meantime, PostNL has to take additional actions. In addition to the previously communicated migration of non-USO business mail to a standard service level of within two days as of 1 January 2025, PostNL has started to empty mailboxes on the streets during the daytime instead of in the evening as of 3 February 2025. We are now also considering potential further price increases for sending mail.

In December 2023, amendments to the Belgian Postal Act were introduced by the new Parcel Delivery Act. Key changes include a presumption of joint liability for contractors if subcontractors violate laws, a minimum fee for drivers, mandatory business activity notification to the BIPT and the introduction of a time registration system for parcel deliverers. Companies must also report on their distribution activities, appoint a coordinator to inform parcel deliverers of their rights and obligations and draw up a vigilance plan. The new rules came gradually into effect as from January 2024 and by 1 July 2026 all legal provisions will apply.

As of January 2024, PostNL Belgium implemented measures to ensure compliance. This included the appointment of a coordinator who acts as the primary point of contact for delivery partners and drivers to raise concerns and informs them about their rights and obligations. As mandated by the legislation, the coordinator drafted a vigilance plan by mid November, describing measures taken to prevent violations of the Parcel Delivery Act as well as transport, labour and social security law. The guidance document developed by the sector associations – PostNL actively participated in the process – and validated by social partners and government officials during the social dialogue in November 2024, served as our guiding framework in drafting our plan. The vigilance plan was fully operational by the end of 2024, demonstrating our due diligence process and marking a significant milestone in supporting ongoing compliance. The plan is an important instrument to rebut the presumption of liability, also a new measure in the Postal Act.

We also introduced an addendum to our delivery contract and compliance checklists for delivery partners. This reinforces compliance with the new legal requirements and ensures registration of parcel delivery companies with the BIPT. As from August we provide a temporary time registration system for our own delivery drivers and review the time registrations done by our subcontractors for their deployment. The legal compliance deadline for the permanent system, originally scheduled for launch before April 2025, has been postponed at the request of the sector associations, as the tool's development will not be completed on time. Time tracking in trucks is managed securely through a tachograph. Additionally we ensure parcel delivery workers receive at least the mandatory minimum remuneration by continuously monitoring payments and, when necessary, refining our pricing model. We work closely together with sector associations to develop common understanding of the regulation and prepare discussions with the government.

The European Commission (EC) finalised a study at the end of 2024 on the postal sector which elaborates on future USO , competition in the sector, environmental and social issues and digitalization. The study contains possible policy options for future postal regulation and based on this study the EC could decide to make adjustments to the PSD (Postal Service Directive). Among the possible solutions in the study are adjustments to the PSD to grant more flexibility with regards to service levels and the possibility for member states to subsidize (parts of) the USO services. We contributed to this process by participating in several workshops and a survey on identifying megatrends that impact developments in the sector.

Universal Service

The Dutch Postal Act 2009 prescribes requirements for the Universal Service, for example a next day delivery level of 95% for consumer mail, funeral announcements and medical mail and a required number of mail boxes across the Netherlands.

Not being able to meet the requirements results in potential financial exposure to an ACM fine. Because of the declining postal volumes and the even more declining next-day delivery volumes, the high fixed costs and increasing autonomous costs, it is becoming infeasible for PostNL to meet the stringent service requirements.

In 2019, 2020, 2021, 2022, 2023 and 2024 next-day delivery was below the 95% target, due to circumstances beyond our control, such as the Covid pandemic and the impact of the tight labour market. For 2019, PostNL paid a fine to the ACM. This fine is under appeal at the CBb. For 2021, 2022 and 2023, the (re)assessment of facts and circumstances and the decision to impose a fine lies with the ACM.

For next-day delivery, we achieved a performance level of 86% in 2024, with 95% of mail delivered within two working days. Delivery of funeral announcements and medical mail fell slightly below target, reaching a rounded level of 94% in 2024. Despite our efforts and successes in recruiting additional workers, the exceptionally tight labour market and high absenteeism rates (see the Social value chapter for more information) have had a significant impact on delivery quality.

The labour shortage remains a structural issue affecting the entire economy and continues to pose challenges. Until 2023, the most noticeable impact was a shortage of mail deliverers, but in the past year, staff shortages have also become evident at our sorting centres. In addition to labour market tightness, absenteeism rates have risen beyond previous levels, further affecting delivery performance. As a result, not all mail can be delivered within one day. These labour shortages are particularly severe in certain regions due to economic factors, making recruitment of postal workers increasingly difficult and exacerbating delivery challenges in those areas. More information can be found in the table below, where D+1 refers to USO mail delivered within one working day, while D+2 refers to USO mail delivered within two working days.

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Over the years, our Mail in the Netherlands division has implemented continuous cost-saving measures to mitigate the impact of declining mail volumes. As a result, the postal network has downsized, reducing its resilience to unforeseen events and limiting organisational flexibility. By 2024, this had led to increasing constraints in scaling up operations during peak periods and greater difficulties in deploying postal workers during flu waves.

In September 2023, ACM decided PostNL is violating the Postal Act and imposed an order for a penalty (“last onder dwangsom”) according to which PostNL needs to deliver 99% of the registered mail correctly per 1 March 2024. PostNL has appealed this decision. In December 2024, the CBb stated that the Postal regulation does not provide a basis for ACM to set standards for the quality of registered mail. Such standards must be laid down in a general administrative measure, which is the government's responsibility. Consequently, the order for a penalty has been cancelled.

To keep mail affordable and to save further costs, PostNL makes small adjustments to the nationwide letterbox network within the legal requirements. Mail boxes which are not needed for the required coverage are removed. For instance, sometimes there are two within a 100-meter radius.

Due to the structural decline in mail volumes, evolving customer needs, and rising autonomous costs, postal services, including the USO, are no longer profitable. As a result, further adjustments to the postal network are necessary. However, within the current legal framework, PostNL can no longer adapt its postal operations. Without adjustments to the USO requirements, we are unable to take the necessary steps to transition towards a financially sustainable postal service.

More information on this, including PostNL’s request for temporary government financial support under the Dutch General Administrative Law Act to cover net USO costs for 2025 and 2026, can be found in the Future of Mail box in the Our operating context chapter.

UPU

The Universal Postal Union (UPU), a specialized agency within the United Nations, regulates cross-border postal services. Nearly all nations are UPU member states, adhering to common rules outlined in the UPU Convention and its regulations. The UPU has established an international system for mutual payments for cross-border letter mail delivery, also known as the terminal dues system. This system compensates the destination country's designated operator for delivering international letters, packets, and parcel post.

Since the 2021 Abidjan UPU Congress, designated operators have collaborated to evolve the terminal dues system further to adapt to changing market conditions. An integrated remuneration proposal for the 2026-2030 period will be presented at the upcoming UPU Congress in Dubai, United Arab Emirates in early September 2025. A global round table led by delegates of PostNL will be held in early 2025 to explain and seek support for the proposed new Integrated Remuneration system. Final proposals are expected by the first quarter of 2025. The Dubai Congress in 2025, will also address various other topics, including the contribution system for the members, budget principles, product development, quality improvement and sustainability ambitions. A significant focus will be on enhancing the role of Proof of Delivery (POD) beyond simple signature collection.

Competition

Consolidation / Sandd

After the decision of ACM (September 2019) not to grant a license for the acquisition of Sandd, which PostNL has appealed, the state secretary of Economic Affairs and Climate Policy approved the acquisition by PostNL in September 2019, after which the acquisition took place in October 2019. The appeal of PostNL against ACM’s decision of September 2019 has been continued after the annulling on appeal by the CBb in June 2022 of the decision of the state secretary.

In September 2023, the court declared PostNL’s appeal unfounded. PostNL has started an appeal against the court decision at the CBb. The decision of ACM and the court’s ruling contain a number of deficiencies that may be relevant in the future. PostNL wants to get more clarity on these matters. The court date has been set in June 2025.

Spotta

PostNL and Kiesjefolders submitted enforcement requests to ACM against Spotta, following Spotta’s decision to start its own delivery service of personalised flyer packages. PostNL and Kiesjefolders argued that Spotta is a postal transport company and should register with ACM. As a registered postal transport company Spotta would be required to adhere to specific obligations under the Postal Law, for example that 80% of delivery personnel must work based on an employment contract. ACM concluded Spotta is not a postal transport company and does not need to register, because it delivers items on the instructions of receivers. PostNL is in appeal against the decision of ACM at court to the activities of Spotta which are comparable with other postal transport companies. PostNL wants to keep mail for everyone, reliably delivered and prepared for the future. It is therefore important, especially in a shrinking postal market, that there is a level playing field. The court session is planned for April 2025.

Labour

Creating a safe and healthy working environment is at the heart of PostNL’s strategy. PostNL continuously improves working conditions. In 2024 the labour inspectorate conducted a research in the parcel sector and found that improvements within the sector as a whole are necessary.

The inspectorate imposed a ‘requirement for compliance’ to PostNL including measures to reduce the physical load in 2024. PostNL has taken several major measures to ensure a safe and healthy working environment, such as new electric towing devices for roll containers, new working instructions with the introduction of task-rotation, and new delivery instructions for customers to reduce physical load. In 2025, PostNL will implement more measures based on ongoing investigations and tests and will continue to further investigate possibilities to automise and robotise the process.

A few years ago, the Dutch labour inspectorate found several breaches of the Foreign Nationals Employments Act (Wet Arbeid Vreemdelingen) at some of PostNL’s delivery partners. Based on the findings, the labour inspectorate imposed several fines on PostNL, stating that through the chain of responsibility, PostNL is also accountable. This is despite PostNL not being the legal employer of the employees concerned. In October 2024, the State Council took a decision in the first case, that dated back to 2018-2019. The State Council underlined that PostNL qualifies as responsible within the chain, but also found that for some persons, the employment at PostNL could not be proven. Other more recent cases are still ongoing. PostNL has introduced a set of new measures. The measures concern correct registration of new workers via a digital external check, followed by a physical on-site check. After these checks are concluded and the worker is eligible to work, on-site checks via the employee pass are conducted, before the start of a working day, on a regular basis. PostNL has finished the implementation of these measures but will continuously evaluate these processes and will improve in case necessary.

In Belgium, the labour inspectorate filed several criminal cases against (among others) PostNL Belgium in 2022, regarding alleged breaches of applicable social laws and regulations of delivery partners. In June 2024 the court in Antwerp acquitted PostNL Belgium, its managing directors and PostNL Holding of all charges and condemned the delivery partners involved. The court has thereby among others ruled that PostNL has not acted as an employer to the deliverers involved in the case and has not abused its position as relative to its delivery partners. As the labour inspectorate has not filed an appeal, for PostNL these court cases are now closed. We are still conducting daily checks at the entrances of our facilities and regularly review the compliance of delivery partners on several relevant social laws regarding their company and parcel deliverers.

Environmental

PostNL is committed to reducing the environmental impact of its activities. Our main focus is on climate change mitigation by significantly reducing emissions from our own operations and our outsourced activities. We also aim to make a significant contribution to the transition to a circular economy and to deliver with minimal impact on the living environment, protecting nature as much as possible in the process. Because governmental policies at all levels can help or hinder our efforts in reaching our sustainability goals, we maintain regular contact with different governmental stakeholders on the impact and effect of these measures aimed at stimulating the green transition.

We are increasingly using electric vans and trucks. Because of the weight of the electric vans, due primarily to the heavy battery, drivers of some of our electric vans used in the Netherlands would normally need to be in possession of a truck driver's license and these vans should have a tachograph. However, a temporary exemption on both these obligations is in place and has been prolonged until July 2025, under some preconditions, until a permanent exemption will be implemented via legislation.

PostNL further clarifies its objectives and outcomes on sustainability, endeavouring to better inform consumers and customers about the sustainability choices PostNL is making. As part of this drive, PostNL adjusts gradually its sustainability claims, which also fit with new European legislation that will come into force by 2026 at the latest. PostNL clarifies its communications on sustainability after discussing the matter with the ACM.

In Belgium, three legislative initiatives around the greening of the parcel sector are introduced. The first is an executive decree which imposes additional reporting obligations on postal operators on several environmental indicators, such as the average (carbon) footprint of each delivery mode. Secondly, a bill aims to give consumers as from September 2024 more choice by offering them various delivery options when purchasing goods online. The obligation was imposed on webshops that distribute parcels to Belgian territory. The provision seeks to create a 'level playing field' by imposing the same choice option and transparency obligation on all sellers. PostNL offers several delivery options that enable webshops to comply with this new legislation. Thirdly, new regulations were introduced regarding private parcel boxes. These rules aim to reduce failed deliveries, which can increase emissions associated with last-mile delivery. In case a private parcel box is installed and accessible for deliverers, PostNL will deliver parcels in these private boxes.

The EC has put forward several new legislations as part of their ongoing efforts to make Europe climate-neutral by 2050, boost the economy through green technology, create sustainable industry and transport, and cut pollution. New rules on reporting and due diligence are introduced to foster sustainable and responsible corporate behavior. PostNL reports according to the CSRD (Corporate Sustainability Reporting Directive) and is preparing for the implementation of the CSDDD (Corporate Sustainability Due Diligence Directive) which requires human rights and environmental due diligence. In 2024, PostNL has to report under the CBAM (Carbon Border Adjustment Mechanism directive) on the CO₂ emissions of specific products imported into the EU.

The EC also put forward rules on the use of sustainability claims which focuses on how to use claims such as ‘CO₂ neutral’ or ‘sustainable’, introduces specific bans on misleading advertising practices and proposed rules concerning environmental integrity mandating that claims must be (scientifically) substantiated. Rules on circularity are also proposed concerning new targets on re-use, refill, recycled content, labelling, and packaging minimisation. As PostNL is offering packaging and packaging materials to its customers, we are working on integrating these new standards into our packaging solutions. A new regulatory framework came also into force on the basis of which concrete product rules will be decided over time. This regulation also introduces a ban on the destruction of unsold textiles and footwear and opening the way for similar bans in other sectors. PostNL is looking into implementation.

Other regulatory developments

Customs

The EC has proposed significant changes to the Union Customs Code (UCC), aimed at modernising customs processing across Europe to better deal with the significant increase in e-commerce, a fast-growing number of EU standards that must be checked at the border, and shifting geopolitical realities and crises. PostNL is currently examining the impact of the proposal, but welcomes the modernisation of these rules while asking for recognition of the differentiated nature of postal traffic and USPs within the EU, operating as part of a single global postal territory, governed by the UPU. Aim is that most of the new rules will have to be implemented from January 1st 2028 onwards. The more complicated new requirements, like the EU Customs Data Hub and the Trust & Check Trade status will have to be operational in 2037 according to the current proposal which is still under discussion.

Cybersecurity

NIS2, which aims to enhance the cybersecurity of critical infrastructure and digital service providers in the EU, must be implemented into national law by October 2024. In the Netherlands the Minister of Justice and Security has informed the House of Representatives that this deadline will not be met and expects that the new law will come into force in Q3 2025. Since the European directive has already been transposed in Belgium, PostNL is also in the Netherlands proactively preparing to align with forthcoming regulatory obligations and ensuring cybersecurity measures are in place. In recent years PostNL invested heavily in cybersecurity across the organization and has taken extensive measures, both on technical and governance perspective, intensified reporting protocols and has a detailed security roadmap, to comply with the NIS2 directive prior to the conversion into Dutch and Belgian law.