Act No. 202 / 2019 Coll.
Act amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Act on Postal Services), as amended, and Act No. 319 / 2015 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Act on Postal Services), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Valid
Law
Effective from 30.08.2019
Text versions:
30.08.2019
15.08.2019
202
THE LAW
of 25 July 2019
amending Act No. 29 / 2000 Coll., on postal services and amending certain laws (Postal Services Act), as amended, and Act No. 319 / 2015 Coll., amending Act No. 29 / 2000 Coll., on postal services and amending certain laws (Postal Services Act), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Postal Services Act
Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Act on Postal Services), as amended by Act No. 517 / 2002 Coll., Act No. 225 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 95 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 264 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 41 / 2009 Coll., Act No. 221 / 2012 Coll., Act No. 212 / 2013 Coll., Act No. 258 / 2014 Coll., Act No. 329 / 2011 Coll., Act No. 89 / 2012 Coll.
1. Paragraph 6 (4) reads as follows:
"(4) The Authority may, by decision, require the operator to make a change to the postal conditions within a period of no less than 20 days if they are contrary to this law or the implementing legislation relating to that law or to the legislation containing the rules on consumer protection, due to unfair, misleading or aggressive commercial practices or to discrimination against consumers (17). The change of postal conditions shall be carried out by the operator at the latest on the date following the end of the period referred to in the first sentence; in this case, paragraph 3 shall not apply. ';
2. In § 34c, the sentence "In the first year of validity of the postal licence, the Office shall determine by decision the provisional net costs of the holder of the postal licence not exceeding CZK 750 000 000 or one half of the net costs indicated for the period in question in the application for a postal licence, whichever is the lower. '
3. Paragraph 34d (2) reads as follows:
"(2) By decision, the Office shall determine the net costs constituting an unfair financial burden at the level of the net costs verified in accordance with § 34b (6), but not exceeding CZK 1 500 000 000; other net costs shall not be considered an unfair financial burden. ';
4. The heading of Section 34e is deleted.
5. In Article 34e, the following paragraph 3 is added:
"(3) Where proceedings before the European Commission on public aid are conducted in respect of the financing of preliminary net costs or net costs constituting an unfair financial burden, such proceedings shall be deemed to constitute a preliminary ruling procedure under the administrative rules. The Office shall not transfer funds to cover preliminary net costs or net costs constituting an unfair financial burden until the European Commission has decided on the eligibility of such costs. ';
6. in Article 37a (1) (c) and (d):
"(c) it operates in the field of postal services contrary to the general terms and conditions of business set out in Paragraph 17;
(d) does business in the field of postal services without authorisation pursuant to Paragraph 18 (1), "
7. in Article 37a (2), point (c) is deleted;
Points (d) to (p) shall be renumbered (c) to (o).
8. in Article 37a (3) (a):
"(a) fails to comply with the postal obligation in accordance with Article 33 (1) (a) or under the decision granting the postal licence;"
9. in Article 37a (3) (f), the number "1" is inserted after the words "under Article 34 (1)."
10. in Article 37a (4) (b), "(f) or (l)" is replaced by "(e) or (k)";
11. in Paragraph 37a (4) (c), the words "or in accordance with paragraph 2 (b), (e), (i), (k), (m), (n), (p)" shall be replaced by "or in accordance with paragraph 2 (b), (d), (h), (j), (l), (m) or (o)."
12. in Article 37a (4) (d), "(a), (c), (d), (g), (h), (j) or (o)" shall be replaced by "(a), (c), (f), (g), (i) or (n)."
13. In Paragraph 38, the following paragraph 2 is inserted after paragraph 1:
"(2) Compliance with the obligation imposed on the operator by decision pursuant to § 6 (4) can be enforced by imposing coercive fines up to a total amount of CZK 5 000 000."
Paragraph 2 shall become paragraph 3.
14. in Paragraph 38 (3), the words "Paragraph 22 (6) or (9) or" shall be deleted;
Transitional provisions
1. The procedure for determining the percentage of income for the provision of postal and foreign postal services of individual payers on the total proceeds for the provision of postal and foreign postal services of all payers and the procedure for determining the amount of payment by the payer to the account for the financing of basic services under the provisions of Sections 34c (7) and (8) of Act No. 29 / 2000 Coll., as effective before 1 January 2016, started before the date of entry into force of this Act with the date of entry into force of this Law, and the decisions given in those procedures cease to have legal effects. The funds intended to compensate for the unfair financial burden for the years 2013 and 2014 transferred to an account for the financing of basic services established pursuant to Article 34c (3) of Act No. 29 / 2000 Coll., as effective before 1 January 2016, will be returned to the payer by the State through the Czech Telecommunications Office ("the Office ') within 15 days of the date of entry into force of this Act.
2. The net costs, which, according to the Authority's decision, constitute an unfair financial burden laid down in § 34c (2) of Act No. 29 / 2000 Coll., as effective before 1 January 2016, for the financial year 2013 and 2014, shall be paid by the State for a total of CZK 800,000 for both years, at the amount of CZK 500,000 in 2019 and at the amount of CZK 300,000 in 2020, via the Office, on 1 March of the year in question or within 90 days of the date of delivery of the decision of the European Commission on the validity of their provision or within 90 days of the date of the entry into force of this Act, whichever is the later. The other net costs mentioned in the Authority's decision according to the first sentence, which exceed CZK 800 000 000 for the financial years 2013 and 2014, are not considered to be an unfair financial burden.
3. Decisions of the Office issued pursuant to Article 34c (2) of Act No 29 / 2000 Coll., as effective before 1 January 2016, for the financial year 2013 and 2014 shall cease to be effective on the date of entry into force of this Act in the part setting out the net costs which are not considered to be an unfair financial burden and in the part setting out the net costs which constitute an unfair financial burden.
4. The provisions of Section 34e of Act No. 29 / 2000 Coll., as effective from the date of entry into force of this Act, shall also apply to the proceedings for the determination and financing of net costs which began before the date of entry into force of this Act.
5. In determining the maximum amount of the provisional net costs in the first year of validity of the postal licence for which reimbursement was requested before the date of entry into force of this Act, the provisions of Article 34c (2) of Act No. 29 / 2000 Coll., as effective before the date of entry into force of this Act, shall be applied.
6. In determining the highest possible net costs representing an unfair financial burden, the reimbursement of which was requested before the date of entry into force of this Act, shall be determined in accordance with Article 34d (2) of Act No. 29 / 2000 Coll., as effective before the date of entry into force of this Act.
Amendment to Act No. 319 / 2015 Coll.
In Part One of Act No. 319 / 2015 Coll., amending Act No. 29 / 2000 Coll., on postal services and amending certain laws (Postal Services Act), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended, at the end of the text of Article II, the words "except for the provisions of § 34c (3) to (13) of Act No. 29 / 2000 Coll., as effective before the date of entry into force of this Act 'are added.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
z. Filip v. r.
Zeman v. r.
v. Schiller v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 202 / 2019 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Postal Services Act), as amended, and Act No. 319 / 2015 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Postal Services Act), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.2019 |
|---|---|
| Effective from | 30.08.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0