Restaurants delivering their meals are not subject to postal law

The implications of the Postal Act, which the De Wever government must reassess, are not only of concern to carriers. The hospitality industry should be concerned about it, according to some politicians and logistics experts. A distinction should be made between meal delivery platforms and restaurants that rely on their own networks, the Minister of Public Enterprises put into perspective.

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The assumption that restaurants offering home delivery operate in a similar way to parcel distribution centers is a matter of serious concern. This approach risks bringing these hospitality establishments under the Postal Act as amended by the previous legislature. Earlier this year, the Belgian Institute for Postal Services and Telecommunications (BIPT) invited several companies in the sector, including Uber Eats, Deliveroo, and Takeaway.com, to hearings on the requirement to register as a postal service.

"The sector is surprised by this initiative, given that the current government's agreement provided for an evaluation and simplification of the legislation," MP Michael Frielich (N-VA) expressed his concern to the Minister of Public Action and Modernization, responsible for Public Enterprises. In his written interpellation, he emphasized the fact that the offending law describes postal services based on specific logistical processes (such as sorting and distribution) that meal delivery platforms do not carry out. He added that "the BIPT's interpretation has unintended consequences, such as the possible classification of restaurants as distribution centers, which would have complex legal and administrative implications."

Postal services include food delivery

Responsible for implementing and monitoring the application of current regulations, the BIPT does not have the discretionary power to deviate from legal provisions or anticipate a possible future revision of the legislation, Federal Minister Vanessa Matz (Les Engagés) immediately clarified in response. In this regard, more than 2,000 companies have already submitted a notification in accordance with the prescribed procedure.

As for the impact of the current situation on the economic viability of the sectors concerned and legal certainty for businesses and workers, it is important to proceed methodically, the minister indicated. "The legislator explicitly stated in the explanatory memorandum that the delivery of food does not constitute a commodity excluded from postal services," she recalled. " Last-mile parcel delivery drivers operating in the food delivery sector are subject to the same pressures and risks as other delivery drivers and must benefit from the same protections."

Vanessa Matz explains that deliveries of these goods often meet the criteria for parcels or postal services, as is the case, for example, with the delivery of pizzas, prepared meals or meals to be prepared, which generally weigh well below the prescribed threshold of 31.5 kg. These goods are packaged and bear an address, which should be checked on a case-by-case basis.

The consequences still need to be assessed by the authorities

As agreed in the De Wever government's agreement, a review of the Postal Act will show whether certain measures need to be adjusted to further clarify the actual scope of the application. The question remains as to how soon this will take place.

The postal unit of the FPS Economy has begun the coordination exercise between the various competent federal bodies in order to evaluate the legislation. The various sectoral organizations will also be questioned on the positive and negative aspects of the law's implementation. "We are striving to conclude the analysis within a reasonable timeframe, without compromising due diligence," the federal head of Public Action and Modernization felt it appropriate to state.

The Professional Union of Transport and Logistics (UPTR) has already indicated that, along with other representative organizations, a meeting with Minister Matz will be scheduled for the start of the school year in September. Meanwhile, the appeal for annulment of the postal law filed by the transport sector federations wasrejected by the Constitutional Court in a ruling issued in mid-July . The high court ruled that the provisions pursued legitimate objectives and did not produce disproportionate effects.

Uber Eats, Amazon; same political fight?

The Court's decision does not specifically provide clarity and therefore legal certainty for hospitality businesses that offer delivery. These food transport activities should be further qualified. "In the vast majority of cases, they correspond to self-service, that is, when the company delivers its own goods exclusively through its own network, which excludes them from the postal sector," explained Vanessa Matz (Les Engagés). In other words, restaurateurs who use their own delivery drivers to bring their prepared meals to customers have nothing to worry about.

And for local brands, small chains, or other large restaurant franchises that offer delivery through Uber Eats & Co., would the requirements of the Postal Act be transferred to digital businesses?

"Large food delivery platforms are comparable to e-commerce platforms that deliver third-party goods. These fall within the scope of the law and should therefore be subject to the same postal regulation rules," the Federal Minister for Public Enterprises pointed out.