Act No. 221 / 2012 Coll.
Act amending Act No. 29 / 2000 Coll., on Postal Services and on the Amendment of Certain Laws (Postal Services Act), as amended, and certain other Laws
Valid
Law
Effective from 01.01.2013
Zobrazeno prvních 200 z celkem 454 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
221
THE LAW
of 5 June 2012
amending Act No. 29 / 2000 Coll., on postal services and amending certain laws (Postal Services Act), as amended, and certain other laws
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 amending 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. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 153 / 2010 Coll., and Act No. 329 / 2011 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
(1) This law incorporates the relevant European Union1 provisions and regulates the conditions for the postal services business, the conditions for the provision and operation of postal services, the rights and obligations arising from this activity, as well as the special rights and obligations of those postal service operators who are obliged to provide and provide essential services, and the exercise of state administration and regulation in the field of postal services.
(2) The postal service is an activity carried out under a postal contract and under the conditions laid down by this law. As a general rule, the postal service includes the postal submission, sorting and transport of the postal mail via the postal network and is carried out for the purpose of delivering the postal mail to the recipient. The delivery of the amount of money required shall also be considered as a postal service.
(3) The postal service is not:
(a) the transport of mail, provided that it is carried out by a person who has not carried out the postal submission, sorting or delivery at the same time;
(b) a service similar to a postal service carried out by a consignor or a connected person.
1) Directive 97 / 67 / EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market in Community postal services and the improvement of the quality of service. Directive 2002 / 39 / EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97 / 67 / EC as regards the further opening of Community postal services to competition. Directive 2008 / 6 / EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97 / 67 / EC in view of the complete completion of the internal market for Community postal services. '
2. in Article 2 (a):
"(a) by mail addressed to the consignment in the final form in which it is to be delivered by the operator; a postal consignment means a postal package, ';
3. In Section 2, at the end of point (c), the words "or providing foreign postal services' shall be added.
4. in Article 2 (i):
"(i) a foreign postal service, the provision of which has been negotiated abroad and the purpose of which is to supply a postal consignment or cash amount in the Czech Republic and which falls within the field of postal services at the stage which is provided by the operator in the Czech Republic,"
5. In Article 2, at the end of point (m), the dot is replaced by a comma and the following point (n) is added:
"(n) the postal network system of organisation of activities and technological elements, technical installations, plant network or specific services of the operator used to ensure the provision of postal services.";
6. In Article 2, at the end of point (n), the dot is replaced by a comma and the following point (o) is added:
"(o) express mail service means a service which, apart from the greater speed and reliability of the collection and delivery of mail, is characterised by the provision of services with the following characteristics or by one of them: delivery guarantee on a specified date, collection of consignments from the point of departure, transmission to the consignee in its own hands, possibility of changing the destination and consignee during transport, confirmation by the consignor of the receipt of the consignment, inspection and monitoring of the consignments sent, customer service and provision of services as required by the customer, where required.";
7.
Basic services
(1) Basic services include:
(a) mail delivery service up to 2 kg;
(b) postal parcel delivery service up to 10 kg;
(c) the service of delivery by postal order of the cash amount;
(d) the service of delivery of the recommended consignments, which means a service providing a flat-rate compensation guarantee in the event of loss, damage or loss of the contents of the postal consignment and providing proof to the consignor of the postal submission of the postal consignment and, where appropriate, at his request, proof of its delivery to the addressee;
(e) a service of supply of securities, which means a service providing a guarantee of damages in the event of loss, damage or loss of the contents of the postal consignment, up to the amount of the value of the postal consignment declared by the consignor;
(f) free delivery of mail up to 7 kg for blind persons,
(g) services which must be provided on the basis of obligations arising from the membership of the Czech Republic in the World Postal Union.
(2) Basic services must be provided
(a) permanently throughout the whole territory of the Czech Republic,
(b) of a specified quality which complies with the needs of the public;
(c) at affordable prices allowing the use of basic services to an extent appropriate to the normal needs of persons;
(d) each working day and must enable at least one post office submission on those days and at least one delivery to the address of each natural or legal person, or in exceptional cases, in particular where the place of delivery is dangerous or disproportionately difficult to reach, as provided for in the implementing legislation referred to in paragraph 3, one delivery to the appropriate establishment or storage place;
(e) in a manner which complies with the requirements of official service of documents under specific legislation.
(3) The implementing legislation lays down a detailed technical specification of the various basic services, including the dimensions of postal packages and other mail, and lays down, in accordance with paragraph 2, the arrangements for the provision and provision of basic services in such a way that they are carried out in the quality necessary in the public interest (hereinafter referred to as "basic qualitative requirements'). The basic qualitative requirements shall ensure in particular the speed, reliability and regularity of the basic services, the sufficient density of the service points providing the postal submission, as well as the necessary level of user information on the way in which the basic services are provided. ';
8. Paragraph 4 (1) reads as follows:
"(1) The operator shall make postal conditions available at each of his premises as well as in a way that allows remote access. By making this available, it offers everyone the conclusion of a postal contract. '
9. In Article 4 (2), the word "to him 'is deleted and the word" to propose' is replaced by the word "to demand '.
10.Paragraph 4 (3) reads as follows:
"(3) An operator shall not be obliged to conclude a postal contract if its content is also to include derogations from or supplement the rights and obligations which are to become the content of the legal relationship arising from the postal contract. Such a postal contract may be concluded by the operator if such an option is pointed out in the postal conditions and if such derogations and supplements do not alter the nature of the postal service offered. ';
11. in Paragraph 5 (1):
"(1) The postal contract shall oblige the consignor to deliver the postal consignment or the cash amount from the post office point to the consignee in an agreed manner to the place indicated in the address and the consignor shall, unless otherwise agreed, undertake to pay the operator the agreed price. A postal contract shall be deemed to be any contract the purpose of which is to provide the postal service. ';
12. in Article 5 (3), "Article 6 (3) (b) and (c)" is replaced by "Article 6 (2) (c) and (d)";
13. in Article 6, paragraphs 2 to 4, including footnote 17, read:
"(2) The postal conditions shall contain at least:
(a) a description of the postal service provided;
(b) the way in which the postal contract can be concluded;
(c) the required adjustment of the postal consignment, its dimensions and weight;
(d) the provisions determining which content of the postal consignment is considered dangerous or requires special treatment, as well as the compulsory special treatment of such mail;
(e) provisions determining the illegal content of the postal consignment,
(f) the method and conditions of delivery;
(g) the price of the postal service, the manner in which it is to be paid and the extent of the shipper's entitlement to repayment if the operator has infringed the obligation under the postal contract;
(h) the operator's progress in the impossibility of delivery of the postal consignment;
(i) the way in which the complaint is made, including details of where and within what time limits the complaint can be made and the time limits for its execution;
(j) the operator's procedure for opening the postal consignment pursuant to Article 8;
(k) the operator's procedure for the sale or destruction of a postal consignment or part thereof pursuant to Articles 9 and 10, including the period within which such handling of the consignment is conditional;
(l) the extent of liability for damage caused pursuant to Paragraph 13 (1);
(m) limitation of the amount of compensation pursuant to Paragraph 13 (4);
(n) a list of the provisions which cannot be derogated from by agreement of the Parties;
(o) the conditions for sending a postal consignment or cash amount abroad, where it offers such a service.
(3) An operator shall publish information on the change in postal conditions in each of its premises and in a way that allows remote access at least 30 days before the change in postal conditions takes effect.
(4) The Czech Telecommunications Authority (hereinafter referred to as "the Office") will invite operators to make a change to the postal conditions within a period of no less than 10 days if they are contrary to this law or the implementing legislation relating to this law or to the legislation containing consumer protection rules, due to unfair commercial practices or to discrimination against consumers (17); in this case, paragraph 3 shall not apply. If there is no correction within the time limit set in the call, the Office shall initiate administrative proceedings.
17) Act No. 634 / 1992 Coll., on Consumer Protection, as amended. '
14. in Article 6, paragraph 5 is deleted;
15. The following Section 6a is inserted after Section 6:
Dispute settlement
(1) If the operator fails to comply with or fails to deal with the complaint of defects of the postal service provided, the consignor or the addressee shall be entitled to submit to the Office an application for an objection to the processing of the complaint without undue delay, but no later than 1 month after the date of receipt of the complaint or the futile expiry of the period for its execution, otherwise the right to object shall cease. Submission of an application shall be subject to an administrative fee.
(2) If the parties to the conciliation procedure or the Office fail to approve the conciliation procedure, the Office will decide whether or not the complaint has been dealt with properly. The Office shall, on a proposal from the Office, decide in the procedure referred to in paragraph 1 on the rights and obligations of the parties arising from the postal contract or this law.
(3) The Office will admit to the successful party the costs necessary for the effective application or defence of the right against the unsuccessful party. Where a party to the proceedings has had only partial success, the Office may apportion the costs or decide, where appropriate, that none of the parties has the right to pay the costs. Although the party to the proceedings had only partial success, the Office may grant it full reimbursement of the costs, if the failure was in a relatively small part or if the decision on the level of performance depended on the expert opinion or consideration of the Office. The Office shall also grant full payment of the costs to the party concerned if a reasoned application has been withdrawn for the conduct of another party. '
16. Paragraph 7 (2), including footnote 3a, reads as follows:
"(2) Other persons and authorities other than those referred to in paragraph 1 may only dispose of the postal consignment or the amount of money required until its delivery if they comply with the postal contract or if special legislation so provides).
(3a) For example, Sections 86 to 87a of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended by Act No. 152 / 1995 Coll., Act No. 29 / 2000 Coll. and Act No. 265 / 2001 Coll., § 7 to 12 of Act No. 154 / 1994 Coll., on Security Information Service, as amended by Act No. 290 / 2005 Coll., § 8 to 12 of Act No. 289 / 2005 Coll., on Military Intelligence, Act No. 13 / 1993 Coll., Customs Act, as amended. '
17. Paragraph 15 (4), including footnote 9, is deleted.
18. In Article 16, the following paragraph 8 is added:
"(8) The provisions of paragraphs 1 to 7 shall apply mutatis mutandis to foreign postal services."
19. Paragraph 17 to 22, including the headings and footnotes 18 to 24, read:
Conditions of business in the field of postal services
(1) In the field of postal services, natural or legal persons who fulfil the general conditions for business under this law may, under the conditions laid down by this law, engage in business.
(2) The general conditions for the postal business are:
(a) for natural persons at least 18 years of age and full legal capacity;
(b) integrity,
(c) the fact that a natural or legal person is not registered in the tax records with the authorities of the Financial Administration of the Czech Republic or with the authorities of the Customs Administration of the Czech Republic with the exception of the arrears for which it is permitted to wait his payment or to distribute his payment on instalments.
(3) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.
(a) for an intentional offence of at least 1 year in prison,
(b) for an intentional offence committed in connection with a business not covered by point (a); or
(c) for a criminal offence committed by negligence in connection with a postal business;
if he's not looked at as if he's not convicted.
(4) For a legal person, the condition of integrity referred to in paragraph 3 shall be met by members of the statutory body.
(5) The integrity shall be demonstrated by an extract from the Register of Penalties register, with respect to foreign persons the documents referred to in Article 18 (3) (b). The Office shall request an extract from the record of the Register of Penalties pursuant to a special legislation (18). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(6) In the field of postal services, the natural or legal person whose property has been declared bankrupt may not be allowed to do so from the date of:
(a) the sale of an undertaking by a single contract in the context of the purchase of property at the time of the expiry of the time limit under the special legislature19);
(b) the acquisition of legal power by a court of a decision which has ceased the operation of an undertaking or from the date specified in that decision as the date on which the operation of an undertaking is terminated.
(7) In the field of postal services, a natural or legal person may not, for a period of 3 years from the date on which the decision to reject the insolvency application becomes final because the property of the debtor will not be sufficient to cover the costs of the insolvency proceedings. Furthermore, a natural or legal person may not engage in postal business for a period of 3 years from the date on which the decision to cancel the bankruptcy takes effect because the debtor's assets are not sufficient to satisfy the creditors. If the bankruptcy was cancelled for another reason, the obstacle to the postal services business referred to in paragraph 6 shall cease from the date on which the decision to cancel the bankruptcy takes effect.
Notification of business in postal services
(1) A right to business in the field of postal services shall arise on the date of receipt of a written notification of the undertaking which satisfies the requirements laid down in paragraphs 2 and 3 of this Article by means of a form (hereinafter referred to as "notification"), the model of which the Office shall lay down by implementing legislation. The Office shall also publish the form in a way that allows remote access.
(2) The notification shall contain the particulars referred to in Paragraph 37 (2) of the Administrative Regulation, and
(a) for a foreign natural person, the address of the place of permanent residence outside the Czech Republic, the address of the place of residence in the Czech Republic, if any, the address of the location of the organisational component in the Czech Republic, if any; for a foreign legal person, the address of the registered office and the address of the location of the organisational component in the Czech Republic,
(b) the list of essential services or other postal services which it intends to provide;
(c) the territorial scope on which it intends to provide postal services;
(d) data on the postal network through which the postal services are to be provided;
(e) the date of the envisaged start of the provision of postal services.
(3) The notification referred to in paragraph 1 shall be accompanied by:
(a) proof that the legal person has been established or established where the registration has not yet been carried out or evidence that the legal person is registered in the relevant register, with the exception of the commercial register, if the registration has already been carried out; in the case of a foreign legal person, an extract from a commercial or similar register held in the State of residence and proof of the operation of the business abroad; evidence of the operation of an undertaking abroad is not provided by a legal person having its registered office, central administration or principal place of business in a Member State of the European Union; the extract from the register shall not be more than 3 months old;
(b) in the case of a foreign natural person, an extract from the foreign criminal record or an equivalent document issued by the authority of the State of which he is a citizen, as well as the State where the last person has remained continuously for at least 6 months over the last 3 years; if the State does not issue such documents, a declaration of integrity made before the competent authority of that State; such documents or declarations may not exceed 3 months;
(c) for a foreign natural person, proof of permanent residence, if granted; a foreign natural person who establishes an organisational component of an enterprise in the Czech Republic, a document proving that he has an undertaking outside the Czech Republic and evidence of its operation; evidence of business operation is not substantiated by a national of a Member State of the European Union;
(d) confirmation by the competent tax authority that the condition laid down in Article 17 (2) (c) has been met;
(e) proof of payment of the administrative fee under the special legislature20).
(4) An operator which has complied with the notification obligation referred to in paragraphs 2 and 3 shall notify the Office in writing without undue delay of any changes to the data and documents provided for in the notification of the postal service business and shall provide documentary evidence thereof without undue delay; This does not apply in respect of changes and additions already registered in the basic registraps21), in the commercial register 22) or in the information system of the register population 23), if the operator is a national citizen of the Czech Republic, or in the information system of foreigners 24) if the operator is a foreigner.
(5) A natural and legal person who has ceased or ceased to do business in the field of postal services is required to notify the Office in writing within 10 days of the date of the termination or interruption of the business in the field of postal services.
(6) The natural and legal person who has interrupted the postal business referred to in paragraph 5 shall be required to notify the Office in writing of this fact in the event of the resumption of the postal business before the date of the resumption.
Certification and registration of postal service operators
(1) Within 10 days of the date of receipt of the notification, the Office shall issue a certificate to the person referred to in Article 17 (1) certifying that that person has submitted a notification pursuant to Article 18 and shall at the same time assign an identification number to it if it has not yet been allocated to it; the identification number shall be provided to the Office by the administrator of the basic register of legal persons, business natural persons and public authorities. If the notification does not comply with the formalities provided for in Article 18 (2) and (3), the Office shall immediately invite the person concerned to supplement it within a period of no less than 14 days. If the notification does not comply with the formalities after the expiry of that period, the Office shall decide that no authorisation for the postal business has been established.
(2) The Office shall indicate in the certificate referred to in paragraph 1:
(a) the following identification data:
1. in the case of a natural person, the name and surname and, where applicable, the name or business name, the address of the place of permanent residence and the person's identification number (hereinafter referred to as "identification number"); for foreign persons, the address of the place of permanent residence outside the Czech Republic, the address of the place of permanent residence in the Czech Republic, if allowed,
2. in the case of a legal person, the business firm, the address of the registered office, the identification number; for foreign persons, the address of the location of the organizational component in the Czech Republic,
(b) the definition of the type and geographical scope of postal services the provision of which has been notified;
(c) the date on which the authorisation to do business in the field of postal services was established;
(d) the date and place of issue of the certificate.
(3) The Authority shall keep an electronic record of operators who have complied with the notification requirement under Paragraph 18 (1). The record shall contain data up to the maximum extent of the data referred to in paragraph 2 and shall be made publicly available in a way that allows remote access.
(4) At the request of the operator, the Authority shall issue a certificate of notification of a change to the notified data to the extent specified in paragraph 2.
Operation of the cash delivery service by postal voucher
Only the holder of a postal licence, whose postal licence explicitly includes that service, may operate the cash delivery service by means of a postal voucher.
Postal licences
(1) The content of the postal licence is an obligation to ensure the universal availability of some or all of the essential services in the whole or part of the territory of the Czech Republic (hereinafter referred to as the postal obligation) and the period of validity of this postal licence.
(2) The postal licence holder shall be an operator who is obliged to provide and provide the essential services contained in his postal licence.
Granting of a postal licence
(1) The Office imposes the obligation to provide and provide essential services throughout or in part of the territory of a State to one or more operators by granting a postal licence under a tendering procedure in such a way that all essential services are generally available throughout the territory of a State for a maximum period of five years.
(2) The Office shall publish a tender notice on the official record and in the Postal Bulletin. The notice shall specify the details of the application, the time limit for the submission of applications, the conditions for participation and the list of essential services, the quality and availability requirements of the essential services and the criteria for assessing the application.
(3) The criteria for evaluating applications are laid down by the Authority. The criteria shall include in particular:
(a) the financial, technical and professional conditions of the operator;
(b) the net cost of providing and providing basic services to the extent and quality required.
(4) The application shall include the method of calculating the annual net costs of the provision of basic services, which is in accordance with Article 34b, and the amount of net costs broken down by calendar year for which the obligation is to be imposed.
(5) The Office may require the applicant to provide the necessary documents showing that he is competent to provide the essential services referred to in the invitation to tender referred to in paragraph 2.
(6) By decision, the Office shall grant a postal licence to an operator who has submitted an application within the time limit referred to in paragraph 2 to comply with the conditions for participation in the selection procedure and to best comply with the criteria set out in the evaluation of applications.
(7) The Office shall publish a report on the progress and results of the selection procedure and the decision to grant the postal licence referred to in paragraph 6 in the Postal Bulletin.
(8) The Authority may, if there have been grounds of particular concern, in particular as a result of a substantial change in circumstances, cancel the announced invitation to tender and suspend the procedure, even after the time limit laid down for the submission of applications. The decision to terminate the procedure shall be notified by the Office to all operators who have already submitted an application and shall be published in the Postal Bulletin.
(9) If no operator participates in the selection procedure or if no operator is chosen for failure to fulfil the conditions of participation or for failure to meet the criteria for the evaluation of applications, the Authority shall impose an obligation by decision to grant a postal licence to provide and provide the essential services referred to in the tender notice referred to in paragraph 2 to the operator best suited to the evaluation criteria for applications.
18) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended.
19) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
20) Act No. 634 / 2004 Coll., on Administrative Charges, as amended.
21) Act No. 111 / 2009 Coll., on Basic Registers, as amended.
22) § 27 et seq. of the Commercial Code.
23) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
24) § 158 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 274 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 424 / 2010 Coll. and Act No. 427 / 2010 Coll. '.
20. Paragraph 23 (2) to (7) is deleted and paragraph 1 is deleted.
21. In Section 23 of the introductory part of the provision, the words "on a proposal from the holder of a postal licence or 'shall be deleted.
22. in Article 23 (b), the words "European Community1)" are replaced by the words "European Union1";
23. in Article 23 (c):
"(c) if, on the basis of a review and consultation pursuant to § 37 (4) and (5), the provision of a basic service contained in a postal licence is ensured throughout the territory of the Czech Republic under conditions comparable to those required to provide the basic service concerned under this law."
24. Paragraph 24 (2) is deleted and paragraph 1 is deleted.
25. in Paragraph 25 (b), the words "without a legal successor" shall be inserted after the words "legal person" and the words "or" shall be added at the end of point (b). "
26. in § 25 (c), the words "pursuant to § 24 (1) or" shall be replaced by the words "according to § 24."
27. in Paragraph 25, point (d) is deleted;
28. Article 26 to 31 shall be deleted, including the headings.
29. In Article 32, the words "including the rights and obligations resulting from the removal of a postal licence 'and the words" the decision to grant, amend and withdraw a special postal licence and the communication of its termination, the basic qualitative requirements and the postal conditions with which it has agreed' are deleted.
30. In Part One of Title V, "RIGHTS AND OBLIGATIONS OF POSTAL SERVICES OPERATOR AND POSTAL LICENCES 'is read as follows:
31. In Title V, the following Sections 32a and 32b are inserted under the title:
Information obligation of the postal operator
(1) The operator shall, at the written request of the Office, provide complete and true information, including financial information, to the Office within the prescribed time, form and extent, and the data and supporting documents necessary to carry out the activities to which the Office is competent under this law. The Office's request shall include a justification including an indication of the purpose for which the Office requires information, data and supporting documents. The Authority shall also require information, data and supporting documents from operators at the request of the European Commission. The Authority shall not require more information than is proportionate to the purpose for which it is obtained.
(2) The operator shall also transmit to the Office the information, data and supporting documents referred to in paragraph 1 which contain personal data, the facts which are the subject of commercial secrecy or those which are the subject of protection under special legislation (3), 14a).
(3) For the purpose of carrying out the obligations under this Act, the Office shall collect information and the operator shall be obliged to provide this information by means of a programme application using an electronic form, unless otherwise provided for in the form of information provided in the application referred to in paragraph 1.
(4) The Authority may carry out checks on the information, data and supporting documents submitted pursuant to paragraphs 1 to 3. The Office shall proceed with the inspection in accordance with specific legislation.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 221 / 2012 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Postal Services Act), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0