3.3.2001 Official Journal of the European Communities L 63/59 COMMISSION COMMISSION DECISION of 21 December 2000 concerning proceedings pursuant to Article 86 of the EC Treaty in relation to the provision of certain new postal services with a guaranteed day- or time-certain delivery in Italy (notified under document number C(2000) 4067) (Only the Italian text is authentic) (Text with EEA relevance) (2001/176/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof, Having given the Italian authorities, by letter of 16 May 2000, and the incumbent operator, Poste Italiane SpA, by letter of 30 May 2000, notice to submit their comments on the Commission's objections in respect of Article 4(4) of Legislative Decree No 261 of 22 July 1999, Whereas: I. THE FACTS A. The national measure in question (1)  On 6 August 1999 Legislative Decree No 261/99 of 22 July 1999 (the ‘Decree’) entered into force (1). Article 4(1) of the Decree defines the area reserved to the incumbent operator, Poste Italiane SpA (PI), as the ‘clearance, transport, sorting and delivery of items of domestic and cross-border correspondence, whether by accelerated delivery or not, the price of which is less than five times the public tariff for an item of correspondence in the first weight step of the fastest standard category, provided that the items weigh less than 350 grams. (2)  Article 4(4) states: ‘with respect to the delivery phase, the items of correspondence provided by paragraph 1 include those generated by telematic technologies.’ (3)  The delivery of items of correspondence generated by telematic technologies is part of the so-called hybrid electronic mail service. The exclusive right granted to PI by virtue of Article 4(4) of the Decree covers all deliveries undertaken for mail items created by telematic means, irrespective of whether they provide added value when compared to the conventional delivery service and irrespective of whether PI provides the added value delivery service itself or not. Private operators are thus precluded from satisfying the special demand for such added-value deliveries. () Legislative Decree No 261 of 22 July 1999, published in Gazzetta uffciale della Repubblica italiana, serie generale, No 182.