Act No. 95 / 2005 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
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Law
Effective from 01.04.2005
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95
THE LAW
of 21 January 2005
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. and Act No. 501 / 2004 Coll., is amended as follows:
1. In Article 1 (1), the words "in accordance with the law of the European Communities (1) 'shall be inserted after the words" the law'.
Footnote 1:
"(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. '.
2. In Paragraph 1 (1), the words "the postal operator providing the postal service 'are replaced by the words" those postal operators who are obliged to provide'.
3. In Article 1 (2), the words "under the conditions laid down by this Act for the purpose 'are replaced by the words" under the conditions laid down by this Act for which it is intended'.
4. In Article 2 (a), the words "documents or other 'are deleted.
5. In Article 2 (b), the words "consisting of 'are replaced by the words" intended for'.
6. In Article 2 (c), the words "under this Act 'are deleted.
7. In Article 2 (f), the words "postal conditions' are replaced by" postal contracts'.
8. In Article 2 (g), the words "as laid down in the postal conditions' are deleted.
9. in Paragraph 2 (h), the words "postal conditions" shall be replaced by "postal contracts."
10. in Article 2 (i), the words "international service by its terms" shall be replaced by the words "foreign postal service by its nature," and the words "which consist in the delivery of documents, other" shall be replaced by the words "the purpose of which is delivery."
11. in Paragraph 2 (j):
"(j) essential postal services and foreign postal services which, due to public needs, are under the protection of the State in a manner provided for in this Act, '.
12. in Article 2, the following points (k) to (m) are added:
"(k) by a foreign operator who is involved in the provision of postal services abroad in cooperation with the operator,
(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. ";
13.
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 the provision of which has been negotiated abroad. ';
14. Sections 4 to 7, including the headings and footnotes 2 and 3a, read:
"Conclusion of the postal contract
(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.
(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).
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.
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.
2) For example, Sections 86 to 87a of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 13 / 1993 Coll., Customs Act, as amended.
3a) For example, Sections 86 to 87a of Act No. 141 / 1961 Coll., as amended, Sections 7 to 12 of Act No. 154 / 1994 Coll., on the Security Information Service, Sections 11 to 16 of Act No. 67 / 1992 Coll., on Military Defence Intelligence, as amended by Act No. 153 / 1994 Coll. and Act No. 88 / 1995 Coll., Act No. 13 / 1993 Coll., as amended. '
15. in Article 8, paragraphs 1, 6 and 7, including footnotes 7 and 8, shall be deleted;
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
16. in Paragraph 8 (1), including footnote 3b,
"(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).
3b) For example, Act No. 246 / 1992 Coll., to protect animals against abuse, as amended. '
17. in Paragraph 8 (2), "2" is replaced by "1."
18. in Paragraph 8 (2), the words "which the Czech Republic is bound by, 4) 'are replaced by the words" which is part of the legal order of the Czech Republic (4), "
19. in Article 8 (2), the words "or under special legislation (5)" shall be deleted;
20. in Paragraph 8 (4), the word "opening" shall be replaced by "inspections."
21. In Paragraph 8 (4), the second sentence shall be replaced by the sentence "When opening, protection must be ensured of the facts which are protected under the special legislature5), as well as protection of postal secrecy (§ 16) and of the postal secret6)."
22. in Paragraph 9 (1):
"(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 invalidated until delivery. "
23. in Article 9, paragraphs 2 and 5 are deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
24. In Paragraph 9, the sentence "A postal consignment which is untouchable under an international treaty, which is part of the legal order of the Czech Republic, cannot be sold, shall be inserted at the beginning of paragraph 2."
25. In Article 9, the words "if possible 'shall be inserted at the beginning of paragraph 3.
26. In Article 9 (3), the second sentence is replaced by the following: "If the net proceeds have not been issued, the consignor shall have the right to apply for its issue within the time limit referred to in Article 7 (3); after that period has expired, the right to issue the net proceeds shall cease and the net proceeds shall be paid to the operator."
27. Sections 10 and 11, including the headings, read:
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).
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. ';
28. in Article 12 (1) and (2):
"(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 shall be liable only for damage caused between the time of the post office submission and delivery or return. '
29. In Paragraph 12 (5), the word "carried out 'is replaced by" if carried out'.
30. In Article 12, the following paragraph 6 is inserted after paragraph 5:
"(6) The operator shall not be liable for damage caused by the special nature or weaponization of the contents of the postal consignment. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
31. in Article 12 (7), the words "or flat-rate refund as referred to in Article 13 (6) or (7)" shall be deleted;
32. In Paragraph 12 (8), the word "may 'is replaced by the word" may'.
33. Paragraph 13 (2) is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
34. in Article 13 (2), "under the postal contract, the postal consignment at the time of submission" is replaced by "the postal consignment at the time and place of its submission."
35. In Paragraph 13, the sentence "However, if a flat-rate compensation has been agreed, the operator shall pay the damage equivalent to the agreed lump sum 'shall be added at the end of paragraph 2.
36. In Paragraph 13 (3), the words "under the postal contract at the time of the submission and the price it has' are replaced by the words" at the time and place of its submission and the price it would have at the time and place of the submission '.
37.Paragraph 13 (4) reads as follows:
"(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. ';
38. Paragraph 13 (5) is deleted.
Paragraph 6 shall become paragraph 5.
39. in Paragraph 13 (5):
"(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. ';
40. In Paragraph 15 (1), "3 'is replaced by" 2'.
41. in Paragraph 15 (2), "5" is replaced by "7."
42. Paragraph 16, including footnote 9a, reads:
(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).
9a) For example § 7 to 12 of Act No. 154 / 1994 Coll., § 11 to 16 of Act No. 67 / 1992 Coll., as amended by Act No. 153 / 1994 Coll. and Act No. 88 / 1995 Coll. '
43. Article 17 shall be deleted;
44.
(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) The Government shall, in accordance with the law of the European Communities (1), fix the amount referred to in paragraph 3 (b) and the weight referred to in paragraph 3 (c); neither the amount nor the weight may be higher than is necessary to create economic assumptions for the proper performance of the postal obligation. "
45.
(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 "the Office") will publish in the Postal Bulletin which postal services and which foreign postal services are essential services due to the public needs. "
46. in Paragraph 20 (1):
"(1) The Office shall decide on the granting of a postal licence on the basis of a written request lodged at the Office's invitation 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.';
47.Paragraph 20 (3) reads:
"(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. ';
48. Paragraph 21 to 25, including the headings and footnotes 12, read:
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.
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Regulation Information
| Citation | Act No. 95 / 2005 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Act on Postal Services), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2005 |
|---|---|
| Effective from | 01.04.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Finance
Power of executive and government authorities
Civil law
Civil law substantive
Commercial law
Industrial rights
Administrative authorities
Administrative law
Administrative procedure
Government
Telecommunications, Communications, Mail
Constitutional (state) law
Fundamental human rights
Business
The regulation text is for informational purposes only.
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