NACE 53.1 – Postal Activities under Universal Service Obligation | Public Tenders

Definition: NACE 53.1 covers the provision of postal services by universal service providers — that is, the nationwide carriage and delivery of letters, parcels and registered consignments at uniform tariffs under the statutory universal service obligation.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 53.1 cover?

NACE 53.1 (Postal activities under universal service obligation) classifies undertakings that provide postal services nationwide under the statutory universal service.

Group 53.1 within Section H (Transportation and storage) and Division 53 contains a single class:

In Germany, the universal service provider is Deutsche Post AG, in Austria Österreichische Post AG. Both are organised as public limited companies but provide the universal service on a statutory basis (PostG, PTSG).

Public Tenders: Activities under NACE 53.1

Public contracting authorities — from federal ministries to municipal administrations — conclude framework agreements for postal services, which can have considerable procurement volumes.

Typical types of contract

• Framework agreements for letter services: Bulk mailing of administrative correspondence, decisions, tax notices, court mailings
• Parcel delivery: Dispatch of official parcels, authority deliveries, legal cost documents
• Hybrid mail and dialogue mail: Digital input and physical delivery of bulk mailings
• Registered mail and proof-of-delivery documents: Formal service under VwZG/ZustG with proof of delivery
• Mailroom services: Outsourcing of internal mailrooms of public institutions

Thresholds and procedure types

Postal service contracts above EUR 221,000 (the EU threshold for service contracts of public contracting authorities, 2024/2025) must be tendered EU-wide. For postal services, negotiated procedures under § 14 VgV may be permissible under certain conditions. The EU Postal Services Directive (97/67/EC, most recently amended by 2008/6/EC) governs market liberalisation.

Relevant CPV codes for NACE 53.1

Current tenders can be found on TED (Tenders Electronic Daily) as well as on national procurement platforms.

For whom is NACE 53.1 relevant in public procurement?

Public contracting authorities

Practically every public body is a potential contracting authority for postal services. Particularly high volumes come from tax authorities (bulk dispatch of tax decisions), the judiciary (court service), social insurance providers (decisions, pension notifications) and municipal administrations. In Germany, many federal states and federal authorities pool postal needs in central framework agreements, e.g. through the federal procurement office (BeschA) or Bundesdruckerei.

Companies and bidders

In addition to the statutory universal service provider, other providers can also participate in tenders in liberalised markets, provided they meet the eligibility criteria:

• Licensing: Postal licence under PostG (Germany) or concession under PTSG (Austria)
• Geographic coverage: Evidence of coverage for the tendered delivery area
• Delivery quality: Evidence of transit times (E+1, E+2), quality measurement procedures
• Data protection: Compliance with postal secrecy and GDPR-compliant processing

NACE 53.1 in context: Section H and Division 53

• NACE H – Transportation and storage: Parent section covering all transport activities
• NACE 53.2 – Other postal and courier activities: Express delivery services, couriers
• NACE 52.2 – Support activities for transportation: Transport infrastructure services

Frequently asked questions about NACE 53.1 and public tenders

Must postal services for a public authority always be tendered?
Yes, as soon as the contract value exceeds the relevant threshold. Many authorities underestimate their annual mail volume — a careful estimate is a prerequisite for the correct type of procurement.

May Deutsche Post AG be awarded contracts without tendering?
No — despite its special position as universal service provider, there is no exception to public procurement law. Direct award would only be permissible below the thresholds or where statutory exceptions are met.

What is the difference between NACE 53.1 and NACE 53.2 in procurement?
NACE 53.1 concerns the licensed universal service (e.g. Deutsche Post, Österreichische Post). NACE 53.2 covers commercial courier, express and parcel services without a universal service obligation. In practice, both areas are often tendered in one lot or as a combined package.

Does postal secrecy also apply to tendered services?
Yes. Postal secrecy under Article 10 of the Basic Law and § 39 TKG applies to all postal carriers regardless of the type of procurement. Contractors must contractually guarantee postal secrecy.

Last updated: January 2026
All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.