What is Full text of Act No. 141 / 2005 Coll.?

Full text of Act No. 141 / 2005 Coll., Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Postal Services Act), as resulting from subsequent amendments — Full text of Act No. 29 / 2000 Coll., on postal services and on the amendment of certain laws (Act on postal services), as resulting from subsequent amendments.

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Full text of Act No. 141 / 2005 Coll. - Full text of Act No. 29 / 2000 Coll., on...

141

PRESIDENT OF THE GOVERNMENT

Announces

the full text of Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Act on Postal Services), as follows from the amendments made by Act No. 517 / 2002 Coll., Act No. 225 / 2003 Coll. and Act No. 95 / 2005 Coll.

THE LAW

on postal services

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

LEGAL ADJUSTMENT OF POSTAL SERVICES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law, in accordance with the law of the European Communities (1), regulates the conditions for the provision and operation of postal services, the rights and obligations arising from the provision and operation of postal services, as well as the special rights and obligations of those postal operators who are obliged to provide basic services.

(2) The postal service is an activity carried out on the basis of a postal contract and under the conditions laid down in this Act, the purpose of which is the delivery of a postal consignment or the amount of money required.

§ 2

Definition of basic terms

For the purposes of this Act:

(a) the postal consignment of a case taken as a whole by the operator for the provision of the postal service;

(b) a postal order, the purpose of which is to supply the amount of money required;

(c) the operator of the person providing the postal services;

(d) by the consignor, the person identified as the consignor on the postal consignment or on the postal voucher document; where the consignor is not marked, the person who concluded the postal contract;

(e) the addressee of the person who is marked on the postal consignment or on the postal voucher as the addressee by the consignor;

(f) the consignee of the addressee or, where appropriate, another person who, under the postal contract, has or may be issued a postal consignment or paid the amount of money required;

(g) the delivery of the postal consignment or payment of the amount of money purchased by the operator to the consignee;

(h) by returning the issue of the postal consignment or the payment of the amount of money ordered by the operator to the consignor or, where appropriate, to another person who, under the postal contract, has or may be returned;

(i) a foreign postal service, by its nature, similar to postal services, the provision of which has been negotiated abroad and the purpose of which is the supply of goods or cash in the Czech Republic;

(j) essential postal services and foreign postal services which, in view of the public's needs, are under the protection of the State in a manner ensured under this law;

(k) by a foreign operator who is engaged abroad in the provision of postal services abroad,

(l) documents of communication in writing on a document addressed to a particular person,

(m) by postal submission of the receipt of the postal consignment or referred to by the operator for the provision of the postal service.

§ 3

The provision, in return for payment, of services the purpose of which is to issue a document to a pre-determined person or to offer such services may be subject to the condition that they are or are to be provided under this law. That doesn't apply.

(a) if it is a service provided under an international agreement which is part of the legal order of the Czech Republic,

(b) if it is a service the purpose of which is to issue accompanying documents, together with the matters to which they relate;

(c) where the issue of a document is a pre-determined document which is part of a service of a different nature and cannot be provided in the context of a separate postal service,

(d) if it is a service in which a communication addressed to a particular person is carried on a list only in other than written form; or

(e) a service agreed abroad.

HLAVA II

POSTAL SERVICES

Conclusion of the postal contract

§ 4

(1) By declaring the postal conditions, the operator shall offer each of them the conclusion of a postal contract under these postal conditions; a declaration means the publication of the postal conditions at all premises of the operator in a publicly accessible and, where appropriate, in a way that allows remote access. The operator shall, upon request, submit the postal conditions for consultation at any of his premises in which the postal contract may be concluded. If the period of validity of the postal conditions is not explicitly provided for, they may be terminated only by a notification issued in the same way as the postal conditions; the rights and obligations arising under these postal conditions shall remain unaffected by any subsequent amendment or cancellation.

(2) The operator shall be obliged to conclude a postal contract with anyone who proposes its conclusion within the limits of the postal conditions and in the manner set out therein.

(3) An operator shall not be obliged to conclude a postal contract if its content is also to include derogations from or additions to rights and obligations under Paragraph 6 (5).

(4) An operator shall be entitled, when concluding a postal contract, to require the consignor to demonstrate that the postal consignment and its modification comply with the postal conditions; However, he is not obliged to find out.

§ 5

(1) The postal contract obliges the operator to deliver the postal consignment or the amount of money required in a manner specified by it to the recipient. Unless otherwise agreed, by concluding a postal contract, the sender shall be obliged to pay the agreed price to the operator.

(2) An operator is not liable for failure to fulfil obligations under a postal contract due to reasons on the part of the beneficiary or due to the fulfilment of an obligation imposed on the operator by this law or special legislation (m2).

(3) Unless otherwise agreed with the operator, the consignor shall adjust the postal consignment in accordance with § 6 (3) (b) and (c).

§ 6

Postal conditions

(1) Postal conditions must be in writing.

(2) Postal conditions include:

(a) the requirements to be met by the consignor before the conclusion of the postal contract;

(b) the way in which the postal submission is to be made,

(c) the rights and obligations which are to become the content of the legal relationship arising from the postal contract.

(3) The postal conditions referred to in paragraph 2 (a) must always result from:

(a) the way in which the operator can be proposed to conclude a postal contract;

(b) the compulsory treatment of the postal consignment, its permissible dimensions and weight;

(c) which content of the postal consignment is considered to be dangerous or requiring special treatment, as well as the compulsory special treatment of such postal consignment or other formalities to be carried out by the consignor;

(d) which content of the postal consignment is not permitted.

(4) The postal conditions referred to in paragraph 2 (c) shall always result from:

(a) the method of delivery;

(b) the operator's procedure in the event that the postal consignment or the amount of money required could not be delivered;

(c) price (3) the postal service, the manner in which it is to be paid and the extent of the shipper's claims for repayment, if the operator has infringed the obligation under the postal contract;

(d) the method of accepting and discussing objections to the conduct of an operator which has infringed the obligation under the postal contract and the manner in which the claims arising from that infringement are claimed;

(e) the extent of the operator's liability for damage caused pursuant to Article 13 (1);

(f) limitation of the amount of compensation pursuant to Paragraph 13 (4);

(g) the way in which the payment of the postal service is received and discussed, as well as the way in which the claims arising from the damage occurred,

(h) the operator's procedure for opening the postal consignment in accordance with Article 8;

(i) the operator's procedure for the sale or destruction of a postal consignment or part thereof pursuant to Articles 9 and 10, including a period within which such handling of the postal consignment is conditional.

(5) Where a postal contract is concluded, derogations from the rights and obligations referred to in paragraph 2 may be agreed. (c) or supplementing them; However, the condition is that such an option is brought to the attention of the postal conditions and that these derogations and supplements do not alter the nature of the postal service offered.

§ 7

Rights under the postal contract

(1) Only the consignor shall have the right to dispose of the postal consignment or the amount of money required until delivery; the operator may only treat the postal consignment or the amount of money referred to in paragraph 1 to the extent necessary and only in such a way as to form part of the provision of the postal service.

(2) Other persons and authorities may only dispose of the postal consignment or the amount of money required if agreed upon or provided for in specific legislation3a).

(3) Rights under the postal contract shall be suspended one year after the submission of the postal document, unless otherwise provided for in this law.

§ 8

Opening of the postal consignment

(1) An operator is entitled to open a postal consignment if:

(a) it cannot be delivered and cannot be returned or is not to be returned under the postal contract;

(b) there is a reasonable suspicion that it contains a case considered to be dangerous under postal conditions or a case whose submission is not permitted under postal conditions;

(c) have been damaged;

(d) there is a reasonable concern that damage has occurred or could have occurred before delivery; or

(e) it is necessary to comply with obligations imposed on operators by special legislation3b).

(2) The provisions of paragraph 1 shall not apply to a postal consignment from which it is evident from the external arrangements that it is untouchable under an international treaty which is part of the legal order of the Czech Republic (4).

(3) The operator shall inform the addressee or, where applicable, the consignor of the opening of the postal consignment when returning the mail.

(4) The contents of the postal consignment may be examined only to the extent necessary to ensure the purpose of the inspection when it is opened. When opening, protection must be ensured of the facts which are protected under special legislation5), as well as protection of postal secrecy (§ 16) and of the postal secret6).

§ 9

Sales of the postal consignment by the operator

(1) An operator shall be entitled to sell a postal consignment or part of it after the agreed time limit has expired if:

(a) the postal consignment cannot be delivered and cannot be returned at the same time or is not to be returned under the postal contract; or

(b) there is a reasonable concern that the contents of the postal consignment will be discarded until delivery.

(2) A postal consignment cannot be sold, which is inviolable under an international treaty, which is part of the legal order of the Czech Republic (4). It is not possible to sell the contents of the postal consignment covered by the secret document (6).

(3) Where possible, the proceeds of the sale after deduction of the costs of storage, the cost of the sale and the unpaid part of the price ("net proceeds') shall be issued by the operator to the consignor. If the net proceeds have not been issued, the consignor shall have the right to apply for its issue within the period referred to in Article 7 (3); the right to issue the net proceeds shall cease after the time limit has expired and the net proceeds shall be payable to the operator.

§ 10

Destruction of the postal consignment by the operator

(1) The operator shall be entitled to destroy the postal consignment or part of it after the agreed time limit has expired if the contents of the postal consignment have been completely or partially impaired.

(2) An operator shall be entitled to destroy a postal consignment or part thereof before the expiry of the agreed period if this is necessary to ensure the protection of human health.

(3) If the postal consignment cannot be sold and cannot be returned or not returned under the postal contract, the operator shall destroy it after the agreed deadline.

(4) The provisions of paragraphs 1 to 3 shall not apply to a postal consignment which is untouchable under an international treaty which is part of the legal order of the Czech Republic (4).

§ 11

Issue of the amount of money to the sender

If the amount of money required has not been delivered or refunded, the operator shall pay it to the consignor if the consignor so requests within 10 years of the postal submission; the right to issue the cash amount shall cease to exist after the time limit has expired and the cash amount shall be attributable to the operator.

Liability for damage caused by the provision of postal services

§ 12

(1) The operator shall be responsible for the damage caused by the provision of postal services to the extent provided for by this Act and the postal contract.

(2) The operator is liable only for damage caused between the time of the post office submission and delivery or return.

(3) The operator is not liable for damage caused by the consignor or consignee.

(4) An operator shall not be liable for damage caused by an inevitable event unless otherwise agreed.

(5) The operator shall not be liable for damage caused by the confiscation or detention of a postal consignment or the amount of money or other measure required, provided that they have been carried out under this law or under special legislation2).

(6) The operator shall not be liable for damage caused by the special nature or weaponization of the contents of the postal consignment.

(7) Until the postal consignment or the amount of money required has been delivered, the consignor shall have the right to compensation; upon delivery, the addressee shall have this right.

(8) The right to compensation cannot be transferred to another, unless otherwise agreed.

(9) Damage is paid in cash.

§ 13

(1) The operator shall be liable for damage caused by loss, damage or loss of the contents of the postal consignment only to the extent agreed in the postal contract. It is responsible for any other damage to the postal consignment only if it has been agreed in the postal contract.

(2) In the event of the loss of the postal consignment, the operator shall pay the damage equivalent to the price that the postal consignment had at the time and place of its submission. However, if a flat-rate compensation has been agreed, the operator shall pay compensation equivalent to the agreed flat-rate amount.

(3) Where the content of the postal consignment is damaged or incomplete, the operator shall pay the damage equal to the difference between the price that the postal consignment had at the time and place of its submission and the price that the postal consignment would have been damaged or incomplete at the time and place of its submission; However, where it is appropriate to make a correction, the operator shall pay the cost of the correction.

(4) Where, in accordance with the postal contract, the consignor has indicated on the postal consignment the amount he appreciates, the damage shall be reimbursed up to that amount. In other cases, the damage shall be reimbursed up to the amount agreed in the postal contract; If such an amount has not been agreed, the amount of the refund shall not be limited.

(5) Where it is demonstrated that the loss, damage or loss of the contents of the postal consignment has been caused by the intentional conduct of an operator's employee or person authorised to act as an operator, or by any other person who is a natural person, the compensation shall be granted at the level referred to in paragraphs 2 and 3, the limitation of the extent of liability agreed pursuant to paragraph 1 or the limitation of the amount of compensation referred to in paragraph 4 being disregarded. Where a flat-rate compensation has been agreed in accordance with the second sentence of paragraph 2, the operator may be entitled to compensation under the first sentence of paragraph 2 instead of a flat-rate compensation claim.

§ 14

The operator is responsible for the damage caused by the postal voucher only if it has been agreed in the postal contract.

§ 15

Postal consignments and postal vouchers abroad

(1) Paragraph 2 to 14 shall apply mutatis mutandis, taking into account the participation of the foreign operator and the rules in force abroad, when negotiating a postal consignment contract abroad or a postal voucher abroad.

(2) The time limit for the limitation of the rights under the contract for mail delivery abroad or the postal voucher abroad may be negotiated differently from the provisions of Paragraph 7 (3), provided that such modification of the time limit is subject to the cooperation of the foreign operator in the provision of the postal service.

(3) The operator's liability for damage arising in connection with a postal consignment abroad or a postal voucher abroad may be negotiated differently from the provisions of § 12 to 14, provided that such an arrangement of the operator's liability is conditional upon the cooperation of the foreign operator in the provision of the postal service.

(4) The operator is the direct representative of the consignor during the customs procedure (9), unless otherwise agreed.

HLAVA III

_

§ 16

(1) The operator, the person involved in the provision of postal services and the person carrying on the activity referred to in Paragraph 37 (hereinafter referred to as "the carrier of postal secrets") are under an obligation to remain silent about the facts relating to the postal service provided or provided which they have learned in their activities. Knowledge of these facts may be used only for the purpose of providing the postal service or activity referred to in Paragraph 37; they may not allow any other person to become aware of them.

(2) Paragraph 1 shall not apply to information which does not indicate who was the consignor or who was the addressee.

(3) The carrier of the postal secret may provide information on the postal service provided to the consignor, the addressee, the legal successor of the consignor or the addressee, the representative of the consignor or the addressee or, where appropriate, other persons who, with the knowledge of the consignor or the addressee, act for their benefit.

(4) Only the consignor, the consignee, the legal successor of the consignor or the addressee and the representative of the consignor or the addressee may release the carrier from the obligation under paragraph 1.

(5) Only the operator may detect the contents of the postal consignment when it is opened in accordance with § 8 (1).

(6) The provisions of paragraphs 1 to 5 shall not apply where the postal service operator has an obligation under this law or under special legislation2).

(a) to communicate or obtain information on the postal service provided or provided to persons and authorities authorised under special legislation 3a;

(b) to issue to persons and authorities authorised under special legislation (3a) a postal consignment or the amount of money required; or

(c) take or allow other measures.

(7) The postal service operator shall:

(a) to issue, for the period strictly necessary, to the authorities authorised to use the information technology under special legislation (9a), a postal consignment, or to allow them to take other measures relating to the postal consignment, at the request of the head of that authority or of his authorised person, and under the conditions laid down in special legislature9a);

(b) maintain confidentiality regarding the procedure referred to in (a).

§ 17

repealed

HLAVA IV

OPERATING OF POSTAL SERVICES

Conditions for the operation of postal services

§ 18

(1) The conditions for the operation of postal services are trade authorisations under special legislation10).

(2) Furthermore, a postal licence or a special postal licence under this law is a condition for the operation of a postal service for the purpose of providing a document.

(3) Paragraph 2 does not apply to:

(a) postal service provided free of charge;

(b) postal services provided at a price higher than or equal to the amount laid down by the Government by the Regulation;

(c) a postal service the purpose of which is to supply a postal consignment weighing more than or equal to the weight laid down by the Government by the Regulation;

(d) a postal service intended to supply a postal consignment abroad;

(e) postal service provided under an international agreement which is part of the legal order of the Czech Republic,

(f) a postal service the purpose of which is to supply the accompanying documents together with the items to which they relate; or

(g) a postal service where a communication addressed to a particular person is carried on a list only in other than written form.

(4

Postal licences

§ 19

(1) The contents of the postal licence are:

(a) the obligation to ensure the universal availability of basic services throughout the Czech Republic (hereinafter referred to as the postal obligation),

(b) authorisation to operate postal services pursuant to Article 18 (2) (hereinafter referred to as "postal authorisation").

(2) The Czech Telecommunications Office (hereinafter referred to as the Office) will publish in the Postal Bulletin which postal services and which foreign postal services are essential services due to the public needs.

§ 20

(1) The Office shall decide on the granting of a postal licence on the basis of a written request made at the Office's request, published in the Postal Bulletin (hereinafter referred to as the call). The application shall be accompanied by documents proving compliance with the conditions laid down in Article 21 (1) (a) and (c) and by a draft of the postal conditions laid down in Article 21 (1) (b). In the invitation, the Office shall indicate the essential services covered by the postal obligation and other services which the holder of the postal licence must provide under specific legislation11).

(2) There is no legal right to grant a postal licence.

(3) The Office may grant a postal licence for a maximum period of five years. The period for which the postal licence is granted shall not even partially interfere with the period for which another postal licence has been granted.

§ 21

Conditions for granting a postal licence

(1) The Office may grant the post licence to a person,

(a) which holds a trade licence for the services specified in the invitation,

(b) which submit a proposal for the postal conditions of the postal services referred to in the invitation which is eligible for the Authority's consent to the postal conditions; the draft postal conditions must always comply with the requirements of official service of documents under specific legislation;

c) which has the technical, organisational, economic and personnel conditions for the operation of the services listed in the invitation, including ensuring their universal availability throughout the Czech Republic.

(2) In deciding to grant a postal licence, the Office shall take into account the extent of the applicant's current business in the field of postal or other similar services.

§ 22

Granting of a postal licence

(1) In the decision granting the post licence, the Office

(a) specify the period for which the postal licence is granted;

(b) impose a postal obligation within the scope of Paragraph 20 (1) and grant a postal authorisation;

(c) agree to the postal conditions of the postal services listed in the invitation submitted by the applicant for the postal licence, except for cen3);

(d) lay down additional obligations for the holder of the postal licence in such a way that the postal obligation is fulfilled in the quality necessary in the public interest ("basic qualitative requirements"); the basic qualitative requirements relate in particular to the speed, reliability and regularity of the essential services, the sufficient density of the service points providing the postal submission, the opening times of the premises, the delivery and return arrangements, the appropriate provision of information on the essential services and their use and the rapid and efficient consultation of objections.

(2) A postal licence granted may not be transferred to another person without the consent of the Office. The Office may consent to the transfer of a postal licence to another person only if that person fulfils the conditions laid down in Paragraph 21 (1).

§ 23

Change of postal licence

(1) The Office may, on a proposal from the holder of a postal licence or on its own initiative, change the scope of the postal obligation,

(a) if this requires a public interest in ensuring the availability of another basic service,

(b) if this is necessary to comply with the obligations arising from European Communitylaw (1) or to comply with the international obligations of the Czech Republic (12); or

(c) if the reason for the inclusion of a service in the basic services is lost.

(2) If the Office extends the scope of the postal obligation to another postal service, it shall invite the holder of the postal licence to submit the postal conditions of that postal service to the Office within the prescribed time limit for consent.

(3) The Office may, on a proposal from the holder of a postal licence or on its own initiative, amend the basic quality requirements,

(a) where this is in order to meet the needs of the public; or

(b) if this is necessary to comply with the obligations arising from the law of the European Communities (1) or to comply with the international obligations of the Czech Republic (12).

Citation	Full text of Act No. 141 / 2005 Coll., Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Postal Services Act), as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	18.04.2005
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 141 / 2005 Coll.

Full text of Act No. 29 / 2000 Coll., on postal services and on the amendment of certain laws (Act on postal services), as resulting from subsequent amendments

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