The supervision on the postal sector has been formally incorporated in the National Ordinance regulating the Post. For the transportation of postal items for third parties there are only two possibilities under the National Ordinance regulating the Post, which are as a concession holder or as a courier.
The purpose of the National Ordinance regulating the Post is to ensure a proper service provision pertaining to the transportation of specific postal items. The legal regime for developing postal activities against payment, which form part of the assigned services, is based on monopoly. The National Ordinance regulating the Post requires a concession for offering so-called "assigned services" in connection with transporting postal items both domestically and abroad (including the Netherlands, Aruba and St. Maarten). The assigned services are:
a.the transportation against payment of letters, each weighing under 2 kilograms, with the exception of an exemption or a registered courier;
b. to place pillar-boxes or mail-boxes intended for the public at or on public roads and
c. issuing postal stamps and imprinted postal stampings depicting the image of the King or else mentioning the name 'Netherlands Antilles'.
The concession for provision of the assigned services will be granted for the duration of least 10 years. The current concession has been granted for a period of 20 years.
The Minister of Traffic, Transportation and Spatial Planning is authorized under special circumstances, where the postal concession holder fails to provide the abovementioned service under (a), to enable parties other than the concession holder in question, to provide for these services. Before exemption is granted, it must first have become evident that the concession holder in itself is not capable of providing the "assigned service" as referred to under (a). Furthermore, the Minister shall attach prescriptions and limitations to these exemptions.
Finally, the prohibition of transporting letters each weighing less than 2 kilograms shall neither apply to express mail transporters (so-called "couriers") who comply with certain conditions. The transportation prohibition does not apply to letters (weighing less than 2 kilograms) which can be transported significantly faster, can be tracked at all times and can also be transported above a minimum rate set by a transporter registered (by the BT&P). However, registered couriers shall be under the obligation to submit to public officials appointed by the minister all necessary information required for supervision in the framework of the National Ordinance regulating the Post.