THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo

Page created by Samantha Vasquez
 
CONTINUE READING
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR
                 A nnual Repor t 2016
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
TABLE OF CONTENTS

                                                                            The team of the Office of the Ombudsman               PART 5
                                                                            is at your service                              02   The relationship between the company and
                                                                                                                                  its client                                    38
                                                                            This annual report by the Office of                   	Points of attention highlighted by
                                                                            the Ombudsman for the Postal Sector covers               the Office of the Ombudsman                40
                                                                            the activities of the year 2016                 04
                                                                                                                                  PART 6
                                                                            PART 1                                                The new postal legislation!                   44
                                                                            The activities of the Office of the Ombudsman           What are postal services?                   46
                                                                            for the Postal Sector                           06     The valid liability rules                   47
                                                                            	Sharp rise in the number of requests                  The rights of the addressee                 48
                                                                              for mediation                                 07     The quality of universal postal services    48
                                                                                                                                  	The role of the Office of the Ombudsman
                                                                            PART 2
                                                                                                                                    for the Postal Sector                       49
                                                                            The Office of the Ombudsman for
                                                                            the Postal Sector in 201610                          PART 7
                                                                              Results from the closed files in 2016 14           The budget                                    50
                                                                            PART 3                                                Colofon54
                                                                            Universal services and services of general
                                                                            economic interest                               18
                                                                              The daily postal delivery is under pressure   21
                                                                              Mail redirection on change of address         24
                                                                              Registered postal items                       24
                                                                            	Invoice fraud: raising awareness,
                                                                              recovery and targeted investigation           27
                                                                              The project BeSt Address                      29

                                                                            PART 4
                                                                            The delivery of parcels and packages
                                                                            in a liberalized market                         30
                                                                            	The rights of the addressee, also within
                                                                               the context of e-commerce                    33
                                                                            	The e-tracker: a quality instrument for
                                                                               the consumer?                                35
                                                                            	Parcels and packages outside the EU:
                                                                               customs formalities and costs                36

                                                                                                                                                                                      ANNUAL REPORT | 2016
The O f f ice of the Ombudsman for the Pos tal Sec tor
                                                                               Correct information and communication        37

Boulevard du Roi Albert II / Koning Albert II-laan 8 box 4 – 1000 Brussel
www.omps.be

                                                                                                                                                                                      01
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
OUR TEAM

     The team                                  The services of the Office of the Ombudsman
                                               for the Postal Sector are free.
                                                                                                                                      WEBSITE
                                                                                                                                      www.omps.be
                                                                                                                                                                                             BY PHONE
                                                                                                                                                                                             German/English           02/221.02.22

     of the Office
                                                                                                                                                                                             Dutch                    02/221.02.20
                                               We are a federal ombudsman’s service, and                                              BY E-MAIL                                              French                   02/221.02.30

     of the
                                               have been approved as an ADR entity by                                                 German/English           info@omps.be
                                                                                                                                      Dutch                    info@omps.be                  BY FAX
                                               the European Commission. You can find our                                              French                   info@smspo.be                 02/221.02.44

     Ombudsman
                                               rules of procedure online at www.omps.be
                                                                                                                                      BY POST                                                OFFICES
                                               in accordance with the ADR directive*.

     is at your
                                                                                                                                      Boulevard du Roi Albert II /                           Our offices are open to the public Monday to Friday
                                                                                                                                      Koning Albert II-laan 8 box 4 – 1000 Brussel           from 9 a.m. to 4 p.m. or by appointment.
                                                                                                                                                                                             Koning Albert II-laan 8 – 1000 Brussel

     service

                                                                                                                                                                                                                                                   ANNUAL REPORT | 2016
     Sophie   Elodie    Eglantine   Fabienne         Luc              Françoise              Katelijne             Paul                 Ivan            Youssef        Linda         Joeri   Ronny            Nancy       Danny

                                               * Directive 2013/11/EU of the European Parliament and the Council of 21 May 2013 on
                                                  alternative dispute resolution for consumer disputes and amending Regulation (EC)
                                                  no. 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR).

02                                                                                                                                                                                                                                                 03
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
FOREWORD

     This annual      This annual report by the Office of the
                      Ombudsman for the postal sector covers
                                                                    As an appeal body with legally guaranteed
                                                                    independence, the task of the Office of
                                                                                                                    Ombudsman College we are committed to
                                                                                                                    working together into the future with the
     report by the    the activities of the year 2016. We give an   the Ombudsman is to inform, advise and          companies in the postal sector for a better

     Office of the
                      overview of the complaints and provide        mediate between customer and company.           service provision.
                      analysis based on the most prominent          In the mediation process we strive to

     Ombudsman        difficulties encountered by clients in the
                      post and parcel sector in 2016.
                                                                    reach a settlement which is acceptable
                                                                    to all parties, based on the results of our
                                                                                                                    We would like to thank our team members
                                                                                                                    for their commitment and expertise in their

     for the Postal                                                 investigations. As well as an individual
                                                                    solution for the consumer's request, this
                                                                                                                    handling of each request for mediation.

     Sector covers                                                  is also an opportunity for the company to
                                                                    maintain the customer's trust.
                                                                                                                    Finally, we would like to thank Truus Lostrie,
                                                                                                                    ombudswoman for the postal sector for
     the activities                                                 An independent appeal body provides
                                                                                                                    the past 19 years, for her dedication to
                                                                                                                    improving and advancing the Office of the
     of the year                                                    companies, on the basis of the complaints,      Ombudsman to create the high quality

     2016
                                                                    a permanent audit of their organization.        organization it is today.
                                                                    The individual complaints and the resulting
                                                                    investigations give a clear and extremely       Paul De Maeyer & Katelijne Exelmans
                                                                    incisive picture of the reality in the field.
                                                                    Problems that sometimes remain hidden to
                                                                    managers, come to the fore, and provide a
                                                                    basis for improvement processes. These can
                                                                    lead to changes in the service provision, the
                                                                    legislation and also in the perceptions and
                                                                    expectations of the customer. This annual
                                                                    report aims to contribute to this.

                                                                                                                                                                     ANNUAL REPORT | 2016
                                                                    The Office of the Ombudsman for the
                                                                    postal sector has a tradition of open
                                                                    communication and constructive consul­
                                                                    tation with the different parties. As a new

04                                                                                                                                                                   05
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 1

     The activities                               Sharp rise in the number
                                                  of requests for mediation
     of the Office                                In 2016 the Office of the Ombudsman for

     of the
                                                  the postal sector received 15,856 new
                                                  written complaints. This represents a sharp

     Ombudsman                                    increase of 25% compared with 2015.

     for the Postal
     Sector
                      OVERALL FIGURES 2016
                                                                   2016       2015      2014
                      Complaints to be handled                    17,196    13,486     13,373
                      - New complaints                            15,856     12,616    12,301
                      - Amount from the previous year              1,340       870      1,072

                      Problems reported by telephone               4,818     3,301      3,048

                      Complaints handled by 31 December          14,916     12,146     12,503
                           inadmissible                            5,554     4,610      5,075
                           admissible                              9,362      7,536     7,428
                      Amount to be carried over                   2,280      1,340       870

                                                 15,856
                                                  new written complaints

                                                                                                ANNUAL REPORT | 2016
06                                                                                              07
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 1

                                                                                                    EN     DE
                                                                                                   158     12
     We conducted investigations into 17,196 complaints,             NEW COMPLAINTS                                             NEW COMPLAINTS PER COMPANY
     including 1,340 complaints carried over from 2015. 14,916       PER LANGUAGE                                     11,280
     complaints were settled by 31 December 2016, and 2,280                                                                     Only the 10 companies with the highest number of
     complaints were carried forward to be handled in 2017.                                                                     complaints will be mentioned here. The complete list
                                                                                                                                can be found on our website (www.omps.be).
     As a public service, our work is carried out in the three                  4,406           FR
     languages of the country: Dutch, French and German.
     Speakers of other languages are helped in English.
                                                                                                               NL                NEW WRITTEN COMPLAINTS PER COMPANY
                                                                                                                                                                                                                 2016            2015           2014
                                                                                                                                 bpost                                                                          14,683          11,524         11,234
                                                                                                                                 TBC-Post                                                                          220            124             66
     NEW COMPLAINTS PER CATEGORY
                                                                                                                                 PostNL                                                                            159            189             86
      NEW WRITTEN COMPLAINTS PER LANGUAGE                                                                                        UPS                                                                               122             37             47
                                                                                        2016           2015            2014      Kiala                                                                              85             51             85
      postal items                                                                                                               DHL                                                                                70            100             43
        Processing of postal items                                                      9,189          7,021          6,641      DPD                                                                                70             96             33
        Customer focus/relational                                                       4,691          3,994          3,893      Mondial Relay                                                                      62            137            172
        Contact points                                                                   622             404            458      FedEx                                                                              26              6             16
        Regulations                                                                      478             467            510      GLS                                                                                23              11            10
      Public services and non-postal services within the competence                                                              Other                                                                              42             23            121
      of the Office of the Ombudsman for the postal sector
                                                                                                                                 Total sector                                                                   15,562         12,298         11,913
        Financial post and duties of public services                                     335             248            294
                                                                                                                                 COMPLAINTS OUTSIDE THE SECTOR
        Commercial services                                                              210             155            114
                                                                                                                                 bpost bank                                                                        183            212            321
        bpost bank                                                                        15               7             20
                                                                                                                                 Other                                                                             111            106             67
      Complaints outside our authority
                                                                                                                                 General total                                                                  15,856         12,616         12,301
        bpost bank                                                                       168             205            248
        Other complaints                                                                 148             115            123
      Total                                                                           15,856          12,616         12,301     As the historic postal company and in 2016 by far the          Ombudsman for the postal sector. For Mondial Relay, the
                                                                                                                                largest universal postal service provider, more than 90%       decreasing trend has continued. We also see a decrease
                                                                                                                                of the complaints involved bpost. The proportion of the        in the number of complaints about PostNL, DHL and DPD.
     For complaints that fall within our competence, there           The customer services at first instance always have        total complaints attributable to bpost rose further in 2016.
     is a rise in the number of complaints in every category.        the opportunity to maintain or restore the positive
     Particularly striking is the rise in the number of complaints   relationship with the customer. However, the rising        The growing universal postal service provider TBC Post

                                                                                                                                                                                                                                                         ANNUAL REPORT | 2016
     about the processing of postal items, the basic activity of     number of complaints relating to customer focus suggests   appeared in second place for the first time.
     the sector. The number of complaints about the processing       that the complaints services do not always succeed in
     of both letters and parcels has increased, as is discussed      accomplishing this. Complaints about the financial post    For the other companies, we do not see a clear-cut
     later in this report.                                           have also increased, after the decrease in 2015.           picture. UPS, Kiala, FedEx and GLS have seen an increase
                                                                                                                                in the absolute number of complaints to the Office of the

08                                                                                                                                                                                                                                                       09
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 2

     The Office      The Office of the Ombudsman for the postal
                     sector is an independent federal public

     of the          service, which was created in the Act of
                     21 March 1991, and which since February

     Ombudsman       2007 has become competent to handle
                     complaints from all companies active in

     for the         the Belgian postal market.

     Postal Sector   As an appeal body, the Office of the Ombudsman for the
                     postal sector has the following competences1 :

     in 2016           1°	
                         to investigate all complaints by the users in
                         connection with:
                         a) the activities of bpost, with the exception of:
                       		 – complaints which are authorized for investigation
                                by another independent sectorial dispute
                                commission or independent mediator;
                       		 – complaints relating to products or services
                                provided by bpost in their role as subcontractor
                                for third parties.
                         b) 	the postal activities of the companies referred to
                             in § 1, 2° and 3° of this article.

                     Anybody can submit a request for mediation to the
                     Office of the Ombudsman for the postal sector: a private
                     individual, a company, a society, an organization, … both
                     the sender and the recipient of the post, provided that the
                     problem involves a company that is active in the Belgian
                     post and parcel market and that a prior complaint has
                     been submitted to the company in question in accordance
                     with their internal procedure.

                                                                                                          ANNUAL REPORT | 2016

                     1. 	Article 43 of §3 of the Act of 21 March 1991 concerning the reform of certain
                         economic public enterprises.

10                                                                                                        11
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 2

                                                                            The Office of the Ombudsman for the postal sector                                                      The figures given further in this report concern complaints
                                                                            does not handle complaints received by telephone.                                                      that were submitted in writing, via the electronic complaint
                                                                            Nevertheless, our first contact with complainants is often                                             form2 or via e-mail. In exceptional cases, the Office of the
                                                                            by telephone. In 2016 there were 4,818 telephone reports.                                              Ombudsman for the postal sector still receives complaints
                                                                            This represents a huge increase of 45% relative to the                                                 by post, fax or in person in our offices.
                                                                            previous year. During the initial telephone contact, the
                                                                            caller outlines their complaint and the case manager asks                                              Each new complaint is codified based on the legal standard3.
                                                                            whether they have already contacted the post or parcel                                                 In accordance with this standard, every complaint must be
                                                                            company in question. A complaint may only be handled                                                   registered before it can be fully analysed. A single file
                                                                            by the Office of the Ombudsman if the customer has first                                               can therefore contain multiple complaints. For instance: A
                                                                            approached the company in question in order to reach                                                   customer reports not only that their postal item took far too
                                                                            a solution. The case manager listens to the complaint                                                  long to be processed, but also that it was erroneously sent
                                                                            and refers the customer to the relevant customer service                                               back, rather than delivered to the recipient; the customer
                                                                            department or informs them about the procedure for                                                     also expresses their dissatisfaction at the company's refusal
                                                                            submitting an admissible written complaint to the Office                                               to offer a reimbursement.
                                                                            of the Ombudsman. This involves direct service provision.
                                                                                                                                                                                   In accordance with the standard, we must take into account

                            45%
                                                                            Since the Office of the Ombudsman for the postal sector                                                not only complaints about the postal item, but also
                                                                            was established in 1993, the number of new complaints                                                  relational complaints, complaints about the organization,
                                                                            and telephone reports has never been as high as it was in                                              the service provision etc.
                                                                            2016. The increase is spread across all the months of 2016
                                                                            and cannot therefore be attributed to certain incidents                                                On average, each file contains three complaints. After all,
     A strong increase of         in the number of registered phone calls   or specific periods of the year. Moreover, the increase in                                             as an appeal body, a great many people who come to us
                                                                            complaints is also spread across all categories. This will                                             already have a whole story behind them involving their
                                                                            be examined later in this report.                                                                      complaint, and their frustration and disenchantment is great
                                                                                                                                                                                   by the time they register with the Office of the Ombudsman.

                                                                                                                               NEW COMPLAINTS & TELEPHONE REPORTS

                                                                                                                                                                                                                                                                                                                                    20,674
                                                                                                                                                                                                                                                                                                16,742

                                                                                                                                                                                                                                                                                                                           15,917
                                                                                                                                                                                                                                                                                                                  15,349
                                                                                                                                                                                                                                                                                       14,739
                                                                                                                                                                                                                                          14,400

                                                                                                                                                                                                                                                   14,061

                                                                                                                                                                                                                                                                                                         13,571
                                                                                                                                                                                                                                 12,840

                                                                                                                                                                                                                                                                              12,283
                                                                                                                                                                                                                                                            12,108

                                                                                                                                                                                                                                                                     11,546
                                                                                                                                                                                                                        11,227
                                                                                                                                                                                                                7,696
                                                                                                                                                                                                        7,332
                                                                                                                                                                                                6,850
                                                                                                                                                                                        5,729

                                                                                                                                                                                                                                                                                                                                             ANNUAL REPORT | 2016
                                                                                                                                                                                5,047
                                                                                                                                                                        4,442
                                                                                                                                                        4,237

                                                                                                                                                                4,095
                                                                                                                                                2,597

                                                                                                                                        1,689
                                                                                                                                1,139
                                                                            2. www.omps.be
                                                                            3. Article 43 of §4 of the Act of 21 March 1991
                                                                                concerning the reform of certain economic       ’93 ’94 ’95 ’96 ’97 ’98 ’99 ’00 ’01 ’02 ’03 ’04 ’05 ’06 ’07 ’08 ’09 ’10 ’11 ’12 ’13 ’14 ’15 ’16
                                                                               public enterprises.

12                                                                                                                                                                                                                                                                                                                                           13
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 2

     Results from the closed files                                                                                            Of the 14,916 complaints handled in 2016, 9,362 complaints   NO REPARATION FOR THE CUSTOMER
                                                                                                                              were admissible (compared with 7,536 in 2015). The           The proportion of complaints which are understandable
     in 2016                                                                                                                  admissible complaints are subject to further investigation   from the perspective of the customer, but where the

                                                                    9,362
                                                                                                                              and can be settled in six different ways:                    company has not made a mistake and did act in
     87% of all complaints handled had been settled by                                                                                                                                     accordance with the law or the company's general
     31 December 2016 (compared with 90% in 2015). The sharp                                                                                                                               conditions, was 21%, a slight decrease relative to last
     increase in the number of complaints means that we have                                                                                                                               year (24%). This category also includes complaints that
     to carry forward more files to the next year. The average                                                                 REPARATION FOR THE CUSTOMER                                 are justified, but where the customer is not able to
     time taken to handle an admissible written complaint                                                                      In 2016, the majority of complaints (70.8%) were settled    receive compensation due to lack of evidence.
     remained at 32 working days for the third consecutive year.    admissible complaints                                      via reparation for the customer: financially or morally.
                                                                    handled                                                    The company acknowledges that a mistake occurred
     After the complaint is submitted, it is codified, registered                                                              or that the customer's complaint is justified, and issues
     and an investigation is initiated to see whether the                                                                      complete or partial compensation. This can occur in
     complaint is admissible. This involves an initial analysis                                                                the form of damage compensation, reimbursement,             
     with, if necessary, additional questions to the customer                      3%                                          extension of a contract without additional costs, a free          Letters may be delivered at any time of the day.
     or the company in question. For every complaint, an                                                                       parcel etc. Immaterial compensation is also often           There is no latest time of delivery specified. After the
     acknowledgement of receipt is created for the customer.                                                                   expressed. A written acknowledgement of the error, a        reorganization of the services, your address came to be
     With inadmissible complaints, the complainant receives                   3%        1%                                     letter of apology, measures for preventing future           at the end of the daily postal delivery round, which
                                                                                                  71%
     advice on how to proceed further and we assist him or her                                                                 mistakes or directly confronting a certain employee         means that you now receive your correspondence in the
     by passing the complaint on to the correct party.               21%                                                       involved, restore faith in the company for many             afternoon, and no longer in the morning as you did
                                                                                                                               customers.                                                  previously. The company is acting entirely within the
                                                                                                                                                                                           law in this matter.”

                                                                                                                               
                                                                                                                                    Thank you: this morning the new copy of my             UNJUSTIFIED COMPLAINT
                                                                                                                               magazine came through the letter box. I hope that, from     In 2016 we designated 314 complaints as unjustified.
                                                                                                                               now on, I won't have to call on your help again.”           These are complaints that, on investigation, prove to
                                                                                                                                                                                           be unfounded. In most cases these complaints are due
                                                                                                                               “I agree to the proposal to accept payment of 893.48        to a mistake or misinterpretation on the part of the
                                                                                                                               euros to settle all accounts. The payment can be            customer, only rarely we encounter a case of fraud. In
                                                                    ■ 6,627 problem resolved and/or compensation              transferred to account number... We will take no further    other cases, a third party is responsible for the
                                                                       for the customer                                        steps in this matter. We would like to thank you for your   problem, for example a publisher which issues its
                                                                    ■ 1,984 the postal company is not at fault or no proof    intervention, and wish you the very best.”                  postal items late or in insufficient number, theft after
                                                                       available of the error                                                                                              delivery etc.
                                                                    ■ 314 unjustified complaints
                                                                    ■ 310 justified or understandable complaints
                                                                       but no solution
                                                                    ■ 127 interrupted complaints                                                                                           

                                                                                                                                                                                                                                                        ANNUAL REPORT | 2016
                                                                    ■ 0 recommendations                                                                                                          You wrote an incorrect post code on the letter for
                                                                                                                                                                                           your daughter. Therefore, the letter did not arrive at the
                                                                                                                                                                                           correct sorting office and was returned to you due to
                                                                                                                                                                                           an 'erroneous address'.”

14                                                                                                                                                                                                                                                      15
THE OFFICE OF THE OMBUDSMAN FOR THE POSTAL SECTOR - Annual Repor t 2016 - smspo
PART 2

                                                                                                                                                                                                 5,554
     JUSTIFIED AND UNDERSTANDABLE, BUT NO SOLUTION                  INADMISSIBLE COMPLAINTS
     We also saw an increase in the number of complaints
     that were justified and understandable, but for which          Every complaint is codified, registered and investigated
     there is no solution, for instance a postal item with a        to see whether the complaint is admissible. The following
     unique, emotional value that is lost and can never by          complaints are treated as inadmissible:
     (adequately) compensated by reimbursement.                                                                                                                                                  inadmissible
                                                                     >	primary complaints;                                                                                                      complaints handled
                                                                     >	anonymous complaints;
                                                                    >	personnel disputes;
          I'm very sorry, but the Christmas card from your           >	vigorous complaints;
     recently deceased aunt couldn't be found…”                      >	complaints that are or that have been the subject of                                                                                    1.5%
                                                                        a court case between the customer and the company;
                                                                     >	requests for information;                                                                                                          3%
                                                                     >	complaints outside our competence;                                                                                                        1%
                                                                     >	lack of information, despite repeated requests by the                                                                      5   %                 89.5%
     INCONCLUSIVE COMPLAINT                                             Office of the Ombudsman for the postal sector;
     A complaint can be closed with status inconclusive, if          >	if the primary complaint was first submitted more
     the customer withdraws the complaint in the course                 than one year ago, the Office of the Ombudsman for
     of the investigation or if they take legal action. 127 files       the postal sector can decide not to investigate the
     were closed at the request of the complainant, either              case further.
     because there was no longer any cause for the
     complaint or because the customer realized that they
     were asking the impossible.                                    With inadmissible complaints, the complainant receives        settling the complaint. These people (again) receive a
                                                                    advice on how to proceed further and the complaint is         clear explanation of the procedure and are referred on as
                                                                    passed on to the relevant company. The admissibility          appropriate. For 2016, alongside the main group of primary
                                                                    investigation is generally completed within one or two        complaints, we also added several new categories, namely:
                                                                   days. If additional information needs to be requested,        'outside our authority', 'lack of information after repeated
           To my astonishment, the postman delivered my             this may extend to several weeks. New elements can also       requests' and 'requests for information'. Complaints falling
     parcel yesterday. He also had no idea where it had been        arise in the course of an investigation which give cause      outside any of these categories have been grouped under
     for the last 4 weeks, but as far as I'm concerned, the         to a complaint being registered as inadmissible. This can     'other'.                                                       ■ 4,979 first-line complaints
     case is closed. Thank you very much for your help, you         mean that files still open on 31 December, are later closed                                                                  ■ 272 not the competence of the Ombudsman
     can now close the file.”                                       as inadmissible the following year.                                                                                          ■ 173 insufficient information
                                                                                                                                                                                                ■ 88 requests for information
                                                                    After a decline in 2015, we again saw a rise in the number            We have received your e-mail, but cannot yet           ■ 42 other reasons
                                                                    of inadmissible complaints in 2016. Some of these were         initiate an investigation. We will send your complaint
                                                                    due to a lack of knowledge about how the Office of the         to the company's complaints service, requesting them
     RECOMMENDATIONS                                                Ombudsman for the postal sector operates. In these             to contact you directly. If you do not receive a response
     As stipulated in the law, the Ombudsman can make a             cases, the Office of the Ombudsman immediately sends           or if you are not satisfied with the handling of your
     recommendation when they believe that the complaint            the complaint through to the relevant postal company           complaint, you may submit an appeal free of charge
     is justified, but that no agreement will be reached with       (in the case of primary complaints) or the authorized          through our service. We are a federal public appeal

                                                                                                                                                                                                                                              ANNUAL REPORT | 2016
     the company involved. In 2016, no recommendations              Ombudsman, and informs the complainant about this. We          body, competent for complaints about most activities
     were made in any complaint case. Through our dialogue          also frequently see people who directly approach the Office    of bpost and about the postal activities of other post
     with the companies we were always able to reach a              of the Ombudsman with a primary complaint, because they        and parcels companies.”
     solution.                                                      do not or no longer trust the company's complaints service,
                                                                    or because they think we can accelerate the process of

16                                                                                                                                                                                                                                            17
PART 3

     Universal      The universal postal service covers both national and
                    international services and consists of:
                    > the collection, sorting, transport and distribution of

     services and      letters, addressed publicity material, newspapers and
                       magazines up to 2kg;
                    > the collection, sorting, transport and distribution of

     services          postal parcels up to 10kg;
                    > the distribution of postal parcels, received from other

     of general
                       EU member states, up to 20kg;
                    > services relating to registered postal items and insured
                       (declared-value) postal items.

     economic       Up until December 2018, bpost is designated by the

     interest
                    government as the universal service provider. This means
                    that bpost is obliged to guarantee the universal postal
                    service throughout Belgian territory, at a certain level
                    of quality and at an affordable price. The rules and
                    conditions under which bpost executes these universal
                    postal services, are stipulated in a management contract
                    between the Belgian government and the company.

                    Other companies may also request a permit to execute
                    universal postal services. For now, bpost has only one
                    competitor, TBC-Post. Receiving a permit is subject to
                    subject to specific legal conditions.

                                                                                  ANNUAL REPORT | 2016
18                                                                                19
PART 3

              A management agreement with the government also                   In 2016 there were 7,404 complaints complaints concerning
              outlines other public duties of general economic interest,        universal services and services of general economic interest.
              which until 31 December 2020 are designated to bpost.             That is a large increase of 29% compared with 2015. This
              These include certain financial services, payment of              covers a rise in the number of complaints for all types of
              pensions and allowances for people with disabilities,             postal items: regular and registered deliveries, magazines,
              issuing fishing permits, delivering newspapers, the               newspapers and public duties. However, complaints about
              financial and administrative processing of traffic fines          the organization have seen the biggest rise.
              for the police.

              7,404
                                                                                EVOLUTION OF THE UNIVERSAL SERVICE AND SERVICES OF GENERAL ECONOMIC INTEREST
                                                                                                                                                                          2016           2015            2014
                                                                                Ordinary postal items                                                                     3,980          3,332           3,333
                                                                                Registered postal items                                                                    1,217           786            556
              complaints on universal services                                  Organization                                                                                972            762            662
              and services of general economic                                  Magazines                                                                                   510            385            328
              interests                                                         Public duties                                                                               390            223            272
                                                                                Newspapers                                                                                  335            248            294
                                                                                Total                                                                                     7,404          5,736          5,445

                                      5%
                             5%
                                                   54%
                     7%                                                         The daily postal delivery is
                                                                                under pressure                                                     
                                                                                                                                                       Today is the third day in a row that I have received
               13%                                                              In the annual report of 2015, the daily, correct delivery of       no post whatsoever at the below address. This is
                                                                                letters (including invoices, postcards, personal letters etc.),    completely unacceptable.”
                                                                                registered postal items, magazines and newspapers was
                                                                                already a key area requiring attention. In 2016, the number
                                                                                of complaints relating to the daily postal delivery increased
                                                                                still further. The Act of 21 March 1991 and the European          The number of complaints submitted to the Office of the
                                                                                Postal Directive stipulate that bpost must guarantee the daily    Ombudsman speaks for itself: an increase of 18% for errors
                                                                                postal delivery at least five days per week, to all residential   in the delivery of regular postal items. The number of
                   16%                                                          addresses with a regulatory letter box.                           complaints relating to the erroneous delivery of newspapers

                                                                                                                                                                                                                  ANNUAL REPORT | 2016
                                                                                                                                                  has even doubled. The number of complaints about lost
                                                                                The number of complaints received by the Office of the            items has also risen: 12% compared with regular postal items.
              ■ 3,980 ordinary postal items      ■ 510 magazines                Ombudsman for the postal sector emphasizes the high
              ■ 1,217 organization               ■ 390 newspapers               degree of importance placed by citizens and companies on
              ■ 972 registered postal items      ■ 335 public duties of bpost   the daily and correct postal delivery.

20                                                                                                                                                                                                                21
PART 3

                                                                                                                                                                                                 
     We see the biggest frustrations among customers when          Problems with the daily postal delivery can have various        After investigating a complaint, bpost often indicates that         This morning, all kinds of things went wrong,
     errors in the daily delivery keep on recurring, even after    causes. The ordinary postal items form by far the greatest      on that particular day, a replacement or new post man         mistakes that to my knowledge the regular postman
     repeated complaints. The customer would like to know why      share: postmen and women who make careless mistakes             or woman carried out the round, and errors occurred           never makes.”
     the daily delivery keeps going wrong, and what measures       (sometimes under time pressure), incomplete or incorrect        because they are not so familiar with the work and the
     will be taken to correct this in the future. We receive       addresses etc. Regarding the delivery of newspapers and         environment. The Office of the Ombudsman for the postal       “Until last year, Robert was our regular postman and
     repeated reports from customers that their post has been      magazines, it can happen that publishers issue too few          sector is explicit in this: employee inexperience cannot be   there were never any mistakes; since he retired, we see
     delivered elsewhere in the street or municipality, or that    copies to bpost or issue them late.                             an excuse for repeated or structural errors made by the       a new postman every week, but none of them works for
     they receive deliveries not intended for them. In some                                                                        company. Every customer has the right to correct delivery     a single day without making mistakes.”
     cases it takes considerable time to reach a solution for      Repeated erroneous deliveries can also originate from           of their mail, both sender and addressee.
     human error and/or problems with the automatic sorting.       the automatic sorting process. For example, where the
                                                                   automatic sorting based on house number differs from the
                                                                   route that the postman or woman follows. Or where streets
                                                                   get mixed up, e.g. the residents of Brusselsestraat receive
                                                                   the correspondence for Brusslsesteenweg and vice versa.
      
             When you read what efforts I have repeatedly          In 2016 we saw a large increase in the number of
      made in an attempt to solve this problem, you will           complaints linked to the organization of the operator
      understand that I have reached the end of my tether,         itself, 1,217 complaints (compared with 786 in 2015). The
      since it seems the company is not able to find a solution    following complaints fall into this category: the postman or
      to a problem that, to my mind, is quite a simple one.        woman did not deliver today, in the past I always received
      My neighbour also complains about receiving the wrong        my mail in the morning, and now in the afternoon, I have to
      mail…“                                                       drive a long way to collect my registered mail or parcel, …

      “This is the sixth time this has happened; now I've really   What is striking in this, is that the customer often thinks     ERRORS WITH THE DELIVERY
      had enough. Reporting the problem to the complaints          that no problems will occur if the regular postman or                                                                                               2016          2015           2014
      service online simply doesn't work, the problem keeps        woman carries out their round. This man or woman knows
      on occurring. This situation is causing me enormous          the recipients in his or her round, and can therefore correct   Regular postal items                                                                1,667         1,408          1,451
      stress.”                                                     errors in presorting or address errors quite easily. There      Newspapers                                                                           574           449            388
                                                                   is often a good relationship between customers and the
                                                                                                                                   Magazines                                                                            284            136           204
                                                                   regular postman or woman, and they easily talk to them,
                                                                   also when problems arise. The temporary and replacement         Registered postal items                                                              225            150           136
                                                                   staff, and intern students who are increasingly being           Bundles                                                                                2              6             3
                                                                   deployed, don't have the same contact with the people
                                                                   on their round.                                                 Total                                                                              2,752          2,149         2,182

                                                                                                                                   LOSS
                                                                                                                                                                                                                       2016          2015           2014
                                                                                                                                   Regular postal items                                                                1,318          1,178         1,334

                                                                                                                                                                                                                                                            ANNUAL REPORT | 2016
                                                                                                                                   Newspapers                                                                           262            214           200
                                                                                                                                   Magazines                                                                            156            131           159
                                                                                                                                   Registered postal items                                                               28             18            18
                                                                                                                                   Total                                                                              1,764          1,541          1,711

22                                                                                                                                                                                                                                                          23
PART 3

     Mail redirection on change                                                       In this annual report, the Office of the Ombudsman

     of address                                                                       for the postal sector would like to once again stress
                                                                                      the importance of the maintaining the security and
                                                                                      confidentiality of mail redirection requests. The number
     When a customer moves house temporarily or permanently,                          of complaints relating to this is fortunately limited, but
     they will naturally wish to keep receiving their mail at their                   the consequences can be very serious for those affected.
     new address. Then it is useful to enter into a contract                          This concerns situations where somebody requests mail
     with bpost or TBC-Post, who will not only redirect the                           direction on behalf of another person. We advise the
     mail to the new address, but will also, at the request of                        postal operators to thoroughly check the identity of the
     the customer, inform some of the other operators of the                          person requesting mail redirection.
     change of address.
                                                                                      Finally, to take a proactive stance in this, we wish to point
     For every operator which provides universal services, it                         out that the presence of two universal service providers in
     is mandatory to offer a mail redirection service. TBC-Post                       the market calls for these companies to make permanent
     does provide this, but very few customers use it. All the                        agreements with regard to mail redirection. A customer
     complaints received by the Office of the Ombudsman                               who signs a redirection agreement with one operator,
     about mail redirection in 2016 concerned bpost.                                  expects all their mail to be redirected, also the postal items

                                                                                                                                                       497
                                                                                      handled by a different operator. In response to a specific
     The number of complaints regarding mail redirection rose                         complaint, we have insisted that both operators make
     to 497 in 2016 (compared with 364 in 2015).                                      agreements and put permanent arrangements in place to
                                                                                      guarantee this. An agreement in principle has since been               complaints on mail
     Customers reported a variety of problems with this: the                          signed by the operators. As Office of the Ombudsman for
     mail keeps arriving at the old address, the mail intended                        the postal sector, we will remain alert to this problem.
                                                                                                                                                             redirection
     for the new residents of the old address is also redirected,
     the mail is lost: it doesn't arrive at either the old or the
     new address etc. Customers are often understanding at                            Registered postal items
     the beginning of the redirection, but become increasingly
     frustrated when problems keep occurring, even after the                          bpost and TBC-Post are the two companies in Belgium
     mistakes are repeatedly reported. As a last resort, they                         that accept, process and deliver registered postal items
     then contact the Office of the Ombudsman for the postal                          as part of the universal service provision.
     sector.
                                                                                      The number of national registered postal items is falling
                                                                                      (a decrease of 16.31% between 2010 and 2015 4) and an
                                                                                      electronic alternative has already been announced. People
                                                                                      who still choose to send a postal item via registered mail,
                                                                                     consciously choose the legal and administrative value of
            To draw a line under a long period of stress and                          this. The sender then has evidence of the sending of the
      frustration, we agree to accept a reimbursement of four                         postal items and the signature on delivery also provides
      months' redirection costs, to be transferred to account                         evidence of delivery to the addressee. People pay extra
      number…”                                                                        for this security and evidence, and there is therefore little

                                                                                                                                                                                  ANNUAL REPORT | 2016
                                                                                      understanding on the part of the customer and the Office
                                                                                      of the Ombudsman in cases of errors in the processing
                                                                                      of registered mail. However, our investigations show that

     4.	Report from the Board of the BIPT of 30 November 2016 concerning the         the proper monitoring of registered postal items is not
        observatory of the market for postal activities in Belgium for 2015, p. 20.   always guaranteed.

24                                                                                                                                                                                25
PART 3

     REGISTERED POSTAL ITEMS                                                                                                           After we expressly requested them to address this issue,
                                                                                                                                       bpost agreed to write a letter confirming that an error did
                                                                                               2016           2015            2014
                                                                                                                                       occur with the postal item. However, this often does not
     Errors with the delivery                                                                   574            449             388     have the same value to the sender.
     Loss                                                                                       262             214            200
                                                                                                                                       Among complaints about registered postal items, a growing
     Delays                                                                                      92              72             44     group involves registered postal items from abroad, in
     Address change/ mail redirection                                                            33              14             10     particular following a purchase from Asian webshops.
     Damage                                                                                       11             13             20     While the mode of sending of these webshops used to
                                                                                                                                       be small packages, nowadays they are increasingly using
     Total                                                                                      972            762             662     registered mail.

     The following situations gave particular cause for               the issuer and bpost in 2015, both of whom took measures to
     complaint:                                                       address this. However, in view of the 69 complaints involving    Invoice fraud: raising
      >	not ringing the bell/knocking on the door, but
                                                                      ecocheques received by the Office of the Ombudsman in
                                                                      2016 (20 complainants), we are requesting a reevaluation
                                                                                                                                       awareness, recovery and
         immediately leaving an absence note through the              and additional measures until the electronic ecocheque has       targeted investigation
         letter box (errors);                                         been fully implemented.
      >	if the nobody answers the door, no message is left                                                                            The past few years, we have received several complaints
         behind (errors);                                             In a similar context, we would like to point out an equivalent   on invoice fraud. Invoice fraud means a gang of criminals
      >	delivery to an unauthorized person (errors);                 problem with the disappearance of used meal vouchers that        intercepting invoices, replacing the account number on the
      >	if nobody answers the door, a second delivery is not         were returned to the issuers by shops. In 2013, bpost tested     invoice with a false one, and then returning the invoice
         attempted (errors);                                          a 'cheque return service' which offered strong protection for    to the postal circuit. The purchaser/recipient receives the
      >	the registered postal item is lost (loss).                   shops. However, due to a lack of interest among shops, they      invoice and pays it to the false account number. As soon
                                                                      discontinued this initiative after one year.                     as the payment enters the account, the gang ensures that
                                                                                                                                       the money disappears as quickly as possible.5
     Specifically for TBC-Post we have received concerned             In our investigations into registered postal items, we
     questions around the option of issuing authorization to          sometimes encountered shortcomings in the electronic             Although people often see through the fraud attempt, there
     a manager at TBC-Post. This option is automatically offered      monitoring of these postal items. The tracking information       are still many victims. In almost half of the cases the sum
     when the online programme is initiated. The recipient is         sometimes erroneous reports the item as 'delivered'. Even        involved is more than 10,000 euros. It often involves invoices
     given the choice: the registered postal item is delivered        when it is clear that the postal item has not been correctly     for a one-off payment, such as invoices from construction
     through the letter box in the same way as a regular postal       delivered, bpost still doesn't change this status. This means    companies to different clients.
     item, or the registered postal item is opened, and the content   that the recipient cannot back up their story, should the
     is sent to the addressee by e-mail as an attachment. As          registered item go missing or if a similar problem arises.       In 2016, the Office of the Ombudsman for the postal
     Office of the Ombudsman, we are investigating further to                                                                          sector received 43 written complaints from 13 different
     determine whether this method is lawful.                                                                                          complainants.

     Complaints about ecocheques keep occurring among the                                                                             These figures are just the tip of the iceberg, since we are
     national registered postal items. Shops send the used                   I have a complaint about a registered postal items        primarily an appeal body.

                                                                                                                                                                                                                            ANNUAL REPORT | 2016
     cheques back to the issuer for payment, but they are              that has gone missing. It was a package from China. On
     intercepted in transit and the cheques either do not arrive       checking the bar code, the status says 'delivered', but I
     at the issuer or the issuer receives an empty envelope. The       never received the package.”
     ecocheques are reused and the original shop is not paid.
     This is a serious problem, that we brought to the attention of                                                                    5. 	There are other systems of invoice fraud, however the Office of the Ombudsman
                                                                                                                                           for the postal sector only investigates complaints with a postal link.

26                                                                                                                                                                                                                          27
PART 3

     Moreover, our investigations have determined that in                               that additional measures are being taken to secure letter        The project BeSt Address
     the vicinity of an affected company there are often other                          boxes and to monitor the transport and sorting. The
     companies who have been victims of the same fraud.                                 process is still ongoing.                                        For several years now, the Office of the Ombudsman for
                                                                                                                                                         the postal sector has been investigating complaints of
     With invoice fraud, there are multiple parties involved: the                       If somebody suspects a 'possible' case of fraud, a rapid         people's postal address differing from their official
     sender/sellers, the postal operators, the buyers/recipients,                       response is crucial. After all, the perpetrators try to move     address, as recorded in the National Register. Letters that
     the bank of the debtor, the bank of the beneficiary, the                           the money extremely quickly to locations where it cannot         are sent by governmental authorities carry the official
     police and judicial services and the various interest                              be found. Once this happens, it is practically impossible        address. However, in the postal circuit (automatic sorting
     groups, the professional bodies, the involved organizations                        to recuperate the money. Sometimes it is too late to stop        or the relevant postman/woman), the sorting and delivery
     (financial Ombudsman, Office of the Ombudsman for the                              your own payment from going through, but payments from           process occurs on the basis of the postal address, which
     postal sector) and the government.                                                 others can still be blocked. Good agreements between             is also the address most often stated on the letter box.
                                                                                        banks are therefore vital. When it is known which invoices       Due to this, important items: letters from the tax office,
     In view of the large number of parties, coordinated action                         are being intercepted, the postal operator can also              replacement I.D.card reminder letter, notice of upcoming
     was required. Following meetings and discussions with                              intervene and better secure the letter boxes, for example.       elections etc. are incorrectly delivered.
     the involved parties, we joined the working group 'invoice
     fraud', chaired by the Federal Public Service Economy.                             Next to prevention and recovery, investigation into the          Various factors lie at the root of this problem, such as: the
                                                                                        perpetrators is the third aspect. This investigation naturally   way in which house numbers are recorded in the national
     First and foremost, we must keep raising awareness:                                falls under the authority of the police. Speed also plays        register, the autonomy of municipalities in designating
     inform people about the possible risks and offer tips                              an important role in this aspect. Rapid action leads to          letter box and apartment numbers, reference lists for
     for preventing invoice fraud. This eventually led to a                             a better chance of success than lagging weeks behind.            postal addresses at the level of the three regions, but
     communication campaign that was initiated at the end                               The police also need information about the lines of              not at national level etc. Nevertheless, the cause may                         The project BeSt Address aims to put an end to these
     of 2016 during a press conference with Mr Peeters, Deputy                          communication. Who can they turn to for information              still be a clear difference between the official address                       problems, by making available an authentic source for
     Prime Minister and Minister for Work, Economy and                                  about account holders, for example?                              and the postal address, as seems to be the case from the                       all addresses in Belgium 7.
     Consumers, responsible for foreign trade, and Mr Borsus,                                                                                            complaints we have received.
     Minister for Medium-sized Companies, Self-employed                                 The Office of the Ombudsman for the postal sector                                                                                               This is an ambitious project as part of administrative
     Persons, SMEs, Agriculture and Societal Integration.6                              supports the concept of a central contact point, from where                                                                                     simplification: the creation of a complete and reliable
                                                                                        all the necessary actions are immediately taken: banks                                                                                          source of address information for the emergency services,
     This working group proposed three main actions in the                              for blocking accounts and payments, bpost for securing                                                                                          for various public administrations, as a basis for GPS
     fight against invoice fraud: prevention, recovery and                              letter boxes, police for further investigation, retrieving                EXAMPLE:                                                              applications etc. Naturally this is also extremely valuable
     investigation.                                                                     camera images etc.                                                 The official address = Stationsstraat 2, box 2L, the                         for the optimal delivery of the post.

     3 main actions
                                                                                                                                                           postal address = Stationsstraat 1, residence 2, box 2L.
                                                                                                                                                           A postman or woman who is not familiar with the                              This is an ambitious project in terms of the collaboration
                                                                                                                                                           street, will not be able to find this letterbox to deliver                   between the federal entities, the regions, the municipalities,
                                                                                                                                                           official documents.                                                          the National Register, the Database of Business Enterprises,
                                                                                                                                                                                                                                        the Social Security Database, the universal postal services
     in the fight against invoice                                                                                                                                                                                                       etc. The regions, in consultation with the municipalities,
     fraud: prevention, recovery and                                                                                                                                                                                                    should have created their address register by 1 January 2017.
     investigation.                                                                                                                                                                                                                    From 1 January 2018 at the latest, public bodies will then
                                                                                               This invoice was posted, along with five other                                                                                           refer to these registers so that everyone uses the same
     An essential element of prevention is the security of the                           invoices, on Tuesday evening 10/05 at around 17h15.                                                                                            authentic source. We are currently aware that the project

                                                                                                                                                                                                                                                                                                         ANNUAL REPORT | 2016
     postal circuit. In their contact with us, bpost has indicated                       Four of the invoices had been falsified. Copies of these
                                                                                                                                                                                                                                        is somewhat behind schedule, and will not be able to keep
                                                                                         can be found in the attachment. The total loss for us is:       7. 	Cooperation agreement of 22 January 2016 between the Federal State, the   to the above schedule.
                                                                                         10,190.07 euros.”                                                   Vlaamse Gewest, the Waalse Gewest and the Brusselse Hoofdstedelijk
     				                                                                                                                                                    Gewest concerning the unification of the way in which reference is made
     6. Tips can be found on the websites of the participants and at the end of this                                                                        to addresses and the linking of address data, published on 15 February     The Office of the Ombudsman for the postal sector will
         report.                                                                                                                                             2016.                                                                      of course continue to follow the progress of this project.

28                                                                                                                                                                                                                                                                                                       29
PART 4

     The delivery                                  Along with the growth in e-commerce and
                                                   the increase in the number of parcels and

     of parcels and                                packages being distributed, the number of
                                                   complaints relating to parcel and package

     packages in                                   distribution has also increased:

     a liberalized
                                                   In 2016, the Office of the Ombudsman for the postal sector
                                                   received 1,918 complaints concerning the treatment of
                                                   parcels and packages, a substantial increase of 36%

     market
                                                   compared with the previous year.8

                      PARCELS AND PACKAGES
                                                                                     2016                  2015                  2014
                      Mistakes with the delivery                                       809                   593                   548
                      Loss                                                              617                  468                   484
                      Delays                                                           342                   253                   228
                      Address change/ mail redirection                                  144                    91                  104
                      Damage                                                               6                    9                    11
                      Total                                                          1,918                1,414                 1,375

                                                   1,918
                                                   complaints concerning
                                                   the sending of parcels
                                                   and packages

                                                                                                                                             ANNUAL REPORT | 2016
                                                   8.	These figures also include a number of complaints about parcels that, strictly
                                                       speaking, fall into the universal postal service category. However, the distinction
                                                       is a theoretical one: when customers send a package, they don't look at
                                                       universal service provision, but they choose the most suitable option for them,
                                                       out of the various options on offer from the different companies (based on
                                                       familiarity with the company, price, speed, protection against risk of loss/
                                                       damage etc.).

30                                                                                                                                           31
PART 4

     The table below shows the distribution of the complaints                           The rights of the addressee,
     among the different companies.
                                                                                        also within the context                                       
                                                                                                                                                            It concerns a parcel from China that would be
                                                                                        of e-commerce                                                 delivered via a parcel service. The purchase was made
                                                                                                                                                      over the internet, and all costs associated with the
      PARCELS AN PACKAGES PER POSTAL OPERATOR
                                                                                        The Office of the Ombudsman sometimes faces difficulties      import (VAT, import duties etc.) were paid. The delivery
                                                                2016    2015    2014    obtaining sufficient information from the companies within    company claims that the parcel could not be delivered
      bpost                                                     1,684   1,192   1,179   the postal sector to carry out a thorough investigation.      because nobody was at home. Then they claim that only
                                                                                        This is particularly true when it is the addressee who has    the seller in China has the authority to arrange for a
      PostNL                                                      64      79      44    submitted the complaint. Various companies argue that         second delivery. This means that I have to contact
      DPD                                                         35      35      13    they only have a contract with the sender, and therefore      the seller in China, to ask them to give the delivery
                                                                                        are only obliged to handle complaints made by them.           company instructions to deliver the parcel again to my
      UPS                                                         29        7      11
                                                                                        Addressees who contact the company's complaints service       address.”
      Kiala                                                        27      15     34    are invariably told to contact the sender involved.
      DHL                                                         23      24       8
                                                                                        When the tracking system mentions that the parcel has
      Mondial Relay                                               20      43       77
                                                                                        been transferred to the postal operator who will deliver
      GLS                                                          9        7      3    it within Belgium, the addressee rightly feels indignant      
      TNT Express                                                  5       2       4    when this operator does not wish to answer his questions            As was the case on 28/9, there is still no change
                                                                                        or complaints.                                                in the mail tracker for parcel CExxxxxUS. I have received
      Bubble Post                                                  4       –       –                                                                  your answer, that there is no further electronic trace of
      Diadem Logistic                                              3       –       –                                                                  the parcel. Considering the parcel already arrived in
      Record Express                                               2        1      –                                                                  Belgium on 30/8, and since then has undergone no
                                                                                                                                                      further processing for more than a month, can we
      FedEx                                                        2       –       –                                                                  consider the parcel to be lost?.”
      TBC-Post                                                     –        1      2     This frequently leads to extremely perplexing
                                                                                         situations, as the following examples illustrate:
      Casino Chez Vous                                             –        1      –
      Kariboo                                                      –        1      –
      Unknown                                                      11      6       –                                                                  
                                                                                                                                                            On 06/09/16 there was an attempted delivery of
      Total                                                     1,918   1,414   1,375                                                                a package to my address; nobody was home. On 19/09/16
                                                                                               I'm astonished at the fact that we, as addressees      I went to the post office to collect the package, but was
                                                                                         of a postal item, are not able to report a complaint         told that it had never arrived there. On the website
                                                                                         about loss of the parcel in question. The parcel deliverer   I submitted a request for the package to be delivered
                                                                                         informs me that only the sender can do this; we as           again, which was confirmed, but on the day of the
                                                                                         addressees, cannot open a complaint file. However, at        planned delivery I received a text message that the
                                                                                         the sender's end, there's no problem: the sender in Japan    package would not be delivered and that I should call
                                                                                         is not going to complain that the delivery company in        the company. On 22/09/16 I called the company and
                                                                                         Belgium has made a mistake!"                                 was told that the package would be delivered the next

                                                                                                                                                                                                                  ANNUAL REPORT | 2016
                                                                                                                                                      day or the next week. Nothing happened.”

32                                                                                                                                                                                                                33
PART 4

     It is even worse when the e-tracker erroneously states that                                                                     A user is defined in art. 131 as:                                                      The e-tracker:
     the parcel has been delivered to the correct address. In
     this case, the addressee has absolutely no evidence (the
                                                                      Member States shall also encourage the development
                                                                      of independent out-of-court schemes for the resolution           “17° user: any natural or legal person benefiting from
                                                                                                                                                                                                                            a quality instrument
     e-tracker) to back up their case to the sender.                  of disputes between postal service providers and users.          postal service provision as a sender or an addressee.”                               for the consumer?
     It is totally absurd when the purchase, as in the last
     example, took place in China, and a private individual          The European Postal Directive defines a user in exactly                                                                                                The track and trace system is for both sender and addressee
     has to go and negotiate with a Chinese company regarding        the same way as the Belgian legislation.                                                                                                               a highly valued and widely used instrument for tracking the
     a parcel which arrived in Belgium and subsequently went                                                                                                                                                                progress of a package. It is extremely important, therefore,
     missing in the postal circuit or was incorrectly delivered.     Consequently, the Ombudsman for the postal sector                                                                                                      that this e-tracker supplies the correct information.
                                                                     urgently requests every company to comply with the
     The rights of the addressee are expressly described in          legislation by also handling complaints by addressees. A                                                                                               However, research shows that sometimes, even when a
     the legislation. The Act of 21 march 1991, art. 148bis states   proper internal investigation by the company can result                                                                                                parcel or package has been lost or has not been delivered
     the following:                                                  in a quick solution, clarify what went wrong, where the                                                                                                to the correct address, the e-tracker still states that the
                                                                     parcel was last traced, where the delay occurred, which                                                                                                delivery has taken place correctly. In these cases, the Office
      § 2. The suppliers of postal services are obliged to           service was involved etc.                                                                                                                              of the Ombudsman asks companies to adjust the status of
      comply with the following:                                                                                                                                                                                            the postal item in the track and trace system. With postal
      - to set up a transparent, straight-forward and                The Ombudsman for the postal sector is not advocating                                                                                                  items associated with a purchase of goods by a consumer
      inexpensive internal procedure for the rapid and fair          automatic compensation for the addressee. We are asking                                                                                                from a professional vendor, a change in the track and trace
      handling of complaints by users concerning loss,               that complaints by addressees are taken seriously and                                                                                                  status can be used by the buyer to request a new item from
      theft, damage or failure to meet the quality standards,        properly investigated, so that the complainant receives                                                                                                the vendor.
      including procedures for establishing responsibility in        a response to the perfectly reasonable question: 'what
      cases where more than one operator is involved;                has happened to my parcel?'. As regards compensation,                                                                                                  Some companies, however, argue that adjusting the e-tracker
                                                                     the World Post Association specifies that financial                                                                                                    is technically not possible, or not desired. The addressee
                                                                     compensation is payable to the sender, unless the sender                                                                                               is often the one who loses out in these cases: they haven't
     The same article can be found in the European Postal            decides to transfer their rights to the addressee. Therefore,                                                                                          received their parcel and the seller assumes that the goods
     Directive :                                                     only at the very end of the line, when it is certain that the                                                                                          have been delivered. The buyer who then approaches the
                                                                     postal item has been delivered to the wrong person or                                                                                                  parcel delivery company, is again referred to the sender,
      Article 19                                                     is irrecoverably lost, does the question of compensation                                                                                               for possible reimbursement or a replacement parcel. This
      1. Member States shall ensure that transparent, simple         arise.                                                                                                                                                 sender rightly assumes that the data from the e-tracker is
      and inexpensive procedures are made available by                                                                                                                                                                      correct and up to date. For the sender, this is evidence that
      all postal service providers for dealing with postal           We would like to point out that some companies have                                                                                                    the goods have been delivered, and they therefore consider
      users' complaints, particularly in cases involving loss,       taken extra steps to respect the rights of recipients, for                                                                                             the issue to be closed.
      theft, damage or noncompliance with service quality            example through launching a telephone number for
      standards (including procedures for determining where          senders and addressees of postal items.                                                                                                                In the best case scenario, after our intervention, a certificate
      responsibility lies in cases where more than one operator                                                                                                                                                             is issued whereby the parcel delivery company states that
      is involved), without prejudice to relevant international      Since this is the reason for the existence of the Ombudsman                                                                                            the item probably was not delivered. For some senders,
      and national provisions on compensation schemes.               for the postal sector, we defend the rights of every user                                                                                              however, this is not sufficient evidence if the e-tracker states
                                                                     of a post or parcel service. This is outlined in the Act of                                                                                            that the parcel was indeed delivered.
      Member States shall adopt measures to ensure that the          21 March 1991 as follows :

                                                                                                                                                                                                                                                                                               ANNUAL REPORT | 2016
      procedures referred to in the first subparagraph enable                                                                                                                                                               The Office of the Ombudsman for the postal sector
      disputes to be settled fairly and promptly with provision,      “3° mediation to facilitate an amicable settlement of                                                                                                 believes that it must be possible to change the status
      where warranted, for a system of reimbursement and/             disputes between the companies and the users referred                                                                                                 of the e-tracker in cases where it is established that the

      or compensation.                                                to in § 1 of this article.” 9                                  9. Article 43 of the Act of 21 March 1991 concerning the reform of certain economic
                                                                                                                                                                                                                            postal item has not been delivered to the correct address
                                                                                                                                         public enterprises.                                                                or has been lost in the postal circuit.

34                                                                                                                                                                                                                                                                                             35
PART 4

              Parcels and packages outside                                                                                                                                                                                          items to destinations outside the EU. The Office of             This issue was already raised in our annual report of
              the EU: customs formalities                                                                                                                                                                                           the Ombudsman for the postal sector therefore asks
                                                                                                                                                                                                                                    companies to pay due attention to correctly informing
                                                                                                                                                                                                                                                                                                    2015. bpost then took initiatives to create more clarity
                                                                                                                                                                                                                                                                                                    (including a detailed list of delivery times per country,
              and costs                                                                                                                                                                                                             their customers of these issues, both on their website          divided according to whether the postal item contains
                                                                                                                                                                                                                                    and via the staff in their branches.                            documents or goods). However, our fundamental criticism,
              For postal items crossing the external EU-borders, it is                                                                                                                                                                                                                              namely the difference between the delivery time on the
              important that the customs have access to sufficient                                                                                                                                                                                                                                  promotional pages of the website and the delivery time
              information about the content of the postal item. This                                                                                                                                                                                                                                in the general conditions, has not been addressed 14. The
              information is entered into a so-called CN23 form, that                                                                                                                                                               Correct information                                             Office of the Ombudsman for the postal sector therefore
              must be affixed to the parcel.
                                                                                                                                                                                                                                    and communication                                               repeats its explicit request to clarify the communication
                                                                                                                                                                                                                                                                                                    around delivery times and delays.
              CN 23 (FN)                           5/3/11         2:18 PM       Page 1

                                                                                                                                  DECLARATION EN DOUANE                                                                CN23         The Office of the Ombudsman for the postal sector
                                                                                                                                  DOUANEVERKLARING
                                                                                                                                  No de l’envoi / colis (code à barres, s’il existe)
                                                                                                                                  Nr. van de zending (barcode als hij bestaat)
                                                                                                                                                                                              Peut être ouvert d’office
                                                                                                                                                                                              Mag ambtshalve worden geopend         sporadically receives complaints about delays in the
                                                                                                                                                                                                                                    express postal items from bpost (bpack World Express
                   DE                   Nom                                                                   Eventuellement
                   VAN                  Naam                                                                  référence
                                        Société                                                               de l’expéditeur
                                        Firma                                                                 Eventueel

                                                                                                                                                                                                                                    and bpack World Express Pro). Many customers do not
                                        Rue                                                                   referentie
                                        Straat                                                                van de afzender
                                        Code postal                   Ville
                                        Postcode                      Stad

                                                                                                                                                                                                                                    realize that bpost promises a certain delivery time on the
                                        Pays
                                        Land
                   A                    Nom
                   AAN                  Naam

                                                                                                                                                                                                                                    promotional page of its website, while that same delivery
                                        Société                                                                                    Référence de l’importateur (si elle existe) no de TVA, facultatif
                                        Firma                                                                                      Referentie van de invoerder (indien dit bestaat) BTW Nr., facultatief
                                        Rue
                                        Straat

                                                                                                                                                                                                                                    time is negated in its general conditions.
                                        Code postal                   Ville                                                        No de téléphone/fax/e-mail de l’importateur (si connu)
                                        Postcode                      Stad                                                         Nr. telefoon/fax/e-mail van de invoerder (indien gekend)
                                        Pays
                                        Land
                                        Description détaillée du contenu (1)                     Quantité (2) Poids net (en kg) (3)     Valeur (5)            Pour les envois commerciaux seulement
                                        Beschrijving van de inhoud (1)                           Aantal (2)   Netto gewicht (in kg) (3) Waarde (5)            Enkel voor de commerciële zendingen
                                                                                                                                                              No tarifaire du SH (7)       Pays d’origine des marchandises (8)
                                                                                                                                                              Tariefnr. volgens SH (7)     Land van oorsprong van de goederen (8)

                                                                                                         Poids brut total (4)      Valeur totale (6)     Frais de port / frais (9)
                                                                                                                                                                                                                                    The general conditions of bpost unequivocally state that
                                                                                                                                                                                                                                    a postal item is only considered to be delayed if it arrives
                                                                                                         Totaal bruto gewicht (4) Totale waarde (6)      Portokosten / kosten (9)
                                        Catégorie de l’envoi (10)    Echantillon commercial        Explication                                                                          Bureau d’origine / date de dépôt
                                        Soort zending (10)           Handelsmonster                Uitleg                                                                               Kantoor van oorsprong / datum van afgifte
                                            Cadeau                   Retour de marchandise

                                                                                                                                                                                                                                    at its destination after more than twice the delivery time
                                            Geschenk                 Terugzending van goederen
                                            Document                 Autre
                                            Document                 Andere
                                        Observations (11) : (marchandise soumise à la quarantaine / à des contrôles sanitaires, phytosanitaires ou à d’autres restrictions)

                                                                                                                                                                                                                                    that the customer was promised 10.
                                        Opmerkingen (11) : (goederen onderworpen aan quarantaine / sanitaire controles, phytosanitaire of andere beperkingen)
               Erp code 2500000010705

                                              Licence (12)                 Certificat (13)                   Factures (14)      Je certifie que les renseignements donnés dans la présente déclaration en douane sont exacts
                                              Licentie (12)                Certificaat (13)                  Factuur (14)       et que cet envoi ne contient aucun objet dangereux interdit par la réglementation postale.
                                                                                                                                Hiermede bevestig ik dat alle gegevens van deze douaneverklaring juist zijn en dat deze zending

                                                                                                                                                                                                                                    The Office of the Ombudsman takes these practices
                                        No de la/des licence(s)      No du/des certificat(s)           No de la facture
                                        Nr. van de licentie(s)       Nr. van het(de) certificaat(en)   Nr. van de factuur       geen enkel gevaarlijk voorwerp bevat welke verboden is door de postreglementering.
                                                                                                                                Date et signature de l’expéditeur :
              CN 23 (FN)                           5/3/11         2:18 PM       Page 1                                          Datum en handtekening van de afzender :

                                                                                                                                                                                                                                    extremely seriously, because on its website, bpost sells
                                                                                                                                                                                                                       CN23
                                                                                                                                  DECLARATION EN DOUANE
                                                                                                                                  DOUANEVERKLARING
                                                                                                                                  No de l’envoi / colis (code à barres, s’il existe)          Peut être ouvert d’office
                                                                                                                                                                                                                                    this form of postal item as an option to 'send items extra
                   DE
                   VAN
                                        Nom
                                        Naam
                                                                                                              Eventuellement
                                                                                                              référence
                                                                                                                                  Nr. van de zending (barcode als hij bestaat)                Mag ambtshalve worden geopend
                                                                                                                                                                                                                                    quickly to an address abroad' 11. The customer pays a higher
              It is the sender's responsibility to complete the                                                                                                                                                                     tariff because he believes that the parcel will arrive at its
                                        Société                                                               de l’expéditeur
                                        Firma                                                                 Eventueel
                                        Rue                                                                   referentie
                                        Straat                                                                van de afzender

              documentation correctly. If the Belgian customs do not                                                                                                                                                                destination more quickly. The general conditions totally
                                        Code postal                   Ville
                                        Postcode                      Stad
                                        Pays
                                        Land

              have the necessary information, they will contact the                                                                                                                                                                 negate this essential difference between an express item
                   A                    Nom
                   AAN                  Naam
                                        Société                                                                                    Référence de l’importateur (si elle existe) no de TVA, facultatif
                                        Firma                                                                                      Referentie van de invoerder (indien dit bestaat) BTW Nr., facultatief

              intended addressee for further details. If this is not                                                                                                                                                                and a regular postal item, the distinguishing feature of
                                        Rue
                                        Straat

                                        Code postal                   Ville                                                        No de téléphone/fax/e-mail de l’importateur (si connu)
                                        Postcode                      Stad                                                         Nr. telefoon/fax/e-mail van de invoerder (indien gekend)

              possible, or if this information is not provided in time,                                                                                                                                                             the express product.
                                        Pays
                                        Land
                                        Description détaillée du contenu (1)
                                        Beschrijving van de inhoud (1)
                                                                                                 Quantité (2) Poids net (en kg) (3)
                                                                                                 Aantal (2)
                                                                                                                                        Valeur (5)
                                                                                                              Netto gewicht (in kg) (3) Waarde (5)
                                                                                                                                                              Pour les envois commerciaux seulement
                                                                                                                                                              Enkel voor de commerciële zendingen
                                                                                                                                                                                                                                                                                                    10.	Source: http://www.bpost.be/sites/default/files/pagina/Algemene_
              the postal item will be returned to the sender. Insufficient                                                                                                                                                                                                                               Voorwaarden_Pakketten.pdf
                                                                                                                                                              No tarifaire du SH (7)       Pays d’origine des marchandises (8)
                                                                                                                                                              Tariefnr. volgens SH (7)     Land van oorsprong van de goederen (8)

                                                                                                                                                                                                                                                                                                    11.	Source: http://www.bpost.be/site/nl/verzenden/pakjes-verzenden/
              information can also result in (high) import taxes being
                                        Catégorie de l’envoi (10)    Echantillon commercial
                                                                                                         Poids brut total (4)      Valeur totale (6)
                                                                                                         Totaal bruto gewicht (4) Totale waarde (6)
                                                                                                   Explication
                                                                                                                                                         Frais de port / frais (9)
                                                                                                                                                         Portokosten / kosten (9)
                                                                                                                                                                                        Bureau d’origine / date de dépôt
                                                                                                                                                                                                                                    The second reason for the Office of the Ombudsman                    internationaal/bpack-world-express
              levied on the postal item. In TIPS, included with this annual                                                                                                                                                         making this a question of principle is that professional
                                        Soort zending (10)           Handelsmonster                Uitleg                                                                               Kantoor van oorsprong / datum van afgifte
                                            Cadeau
                                            Geschenk
                                                                     Retour de marchandise
                                                                     Terugzending van goederen                                                                                                                                                                                                      12.	Art. VI. 97 to VI (inclusive). Art. 100 of the Act of 21 December 2013 proposing
                                            Document                 Autre
                                                                                                                                                                                                                                                                                                         insertion of book VI 'Market practices and consumer protection' into the
              report, the customer will find further information about                                                                                                                                                              customers, such as webshops, also use this express
                                            Document                 Andere
                                        Observations (11) : (marchandise soumise à la quarantaine / à des contrôles sanitaires, phytosanitaires ou à d’autres restrictions)
                                        Opmerkingen (11) : (goederen onderworpen aan quarantaine / sanitaire controles, phytosanitaire of andere beperkingen)
                                                                                                                                                                                                                                                                                                         Code of Economic Law and proposing insertion of the definitions found in
              how to correctly complete the customs documentation.                                                                                                                                                                  service. Consumer legislation protects private consumers
               Erp code 2500000010705

                                                                                                                                                                                                                                                                                                         book VI, and of the law enforcement provisions found in book VI, into books
                                                                                                                                                                                                                                    from misleading information 12 and from the overt evading
                                              Licence (12)                 Certificat (13)                   Factures (14)      Je certifie que les renseignements donnés dans la présente déclaration en douane sont exacts
                                              Licentie (12)                Certificaat (13)                  Factuur (14)       et que cet envoi ne contient aucun objet dangereux interdit par la réglementation postale.
                                                                                                                                                                                                                                                                                                         I and XV of the Code of Economic Law

                                                                                                                                                                                                                                                                                                                                                                                            ANNUAL REPORT | 2016
                                        No de la/des licence(s)      No du/des certificat(s)           No de la facture         Hiermede bevestig ik dat alle gegevens van deze douaneverklaring juist zijn en dat deze zending
                                        Nr. van de licentie(s)       Nr. van het(de) certificaat(en)   Nr. van de factuur       geen enkel gevaarlijk voorwerp bevat welke verboden is door de postreglementering.

                                                                                                                                                                                                                                                                                                    13.	Art. VI. 82 and Art. VI. 83 of the Act of 21 December 2013 proposing insertion
              As mentioned above, it is the sender's responsibility to                                                                                                                                                              of liability in the event of errors 13. Businesses, however,
                                                                                                                                Date et signature de l’expéditeur :
                                                                                                                                Datum en handtekening van de afzender :

                                                                                                                                                                                                                                                                                                         of book VI 'Market practices and consumer protection' into the Code of
              complete the customs documentation correctly. However,                                                                                                                                                                are not covered by consumer legislation and are therefore            Economic Law and proposing insertion of the definitions found in book VI,
              we have observed from contact with consumers that                                                                                                                                                                     referred to the Office of the Ombudsman for mediation in             and of the law enforcement provisions found in book VI, into books I and XV
                                                                                                                                                                                                                                                                                                         of the Code of Economic Law
              most private individuals are not aware of the customs                                                                                                                                                                 order to obtain a settlement.                                   14.	Source: http://www.bpost.be/sites/default/files/product/ListePays_NL-
              formalities and customs costs associated with postal                                                                                                                                                                                                                                       bpackWorldExpress.pdf

36                                                                                                                                                                                                                                                                                                                                                                                          37
You can also read