Post Amendment Act 2005

Original Language Title: Postgesetznovelle 2005

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2. Federal law, with which the postal Act 1997 is changed (post Amendment Act 2005)

The National Council has decided:

The postal Act of 1997, Federal Law Gazette I no. 18/1998, last amended by Federal Law Gazette I no. 72/2003, is amended as follows:

1 paragraph 2 No. 3:



"3."Postal services"the services in connection with the collection, sorting, transport and delivery of postal items;"

2. the term "postal services" is replaced by the term "Postal services" in the grammatically correct form.

3. In § 2, 3 after Z are inserted:



"3a. 'public postal network' the totality of the Organization and of funds of any kind, which used by the providers of universal service obligations, so that in particular the following services can be provided:-pick up the falling under the universal service obligation mail from access points throughout the territory;"

-Forwarding and editing these posts from the access point of the postal network to the delivery Center.

-Delivery to the address located on the consignment concerned;

3B.

"Access points" given letter-letter boxes on the public highway or at the premises of the universal service providers, where users can enter their mailings in the public postal network facilities, including those for the general public

3 c. "Pick up" the collecting of postal items at access points;

"3d."Delivery"the edits of the sort in the delivery centres until the delivery of the mail to the recipient;"

4. paragraph 2 No. 4:



"4."Mailing"addressed a broadcast in the final form in which it; taken over by providers of universal service or other providers of postal services"

5. § eliminates 2 Z 6.

6 paragraph 2 Z 12:



"12 a programme that consists solely of advertising, marketing or promotional materials and, by name, address and identification number of the recipient, as well as others, the nature of the message not changing adjustments aside, an identical message to at least 100 recipients contains"Direct mail"and transported and is delivered to the address indicated by the sender on the broadcast itself or its packaging. Bills of any kind and other non-identical messages are not considered direct mail. A communication where it is connected to direct mail with other items in the same package, not regarded as direct mail."

7. in section 2 are attached to Z 12: "13." Sender"that is natural or legal person, the copyright of postal items;

"14"Users"the natural or legal person who takes a universal service as a sender or receiver to complete."

8. the term "Customer" is replaced by the term "User" in the grammatically correct form.

9. the heading for the section 2 is as follows:



"The universal service and the reserved postal services"

10 paragraph 4:



"Universal service



The universal service includes 4. (1) the following services:



1 clearance, sorting, transport and delivery of postal items up to 2 kg, 2. clearance, sorting, transport and delivery of postal parcels up to 20 kg and 3. Services for registered - and value items.

(2) within the framework of the universal service is to ensure that users constantly postal services offered nationwide to generally affordable and of such quality, that user needs are met by a corresponding density on pick-up and access points, as well as by the pick-up and delivery frequency by the operator. Where similar conditions exist, are to ensure equal benefits for the user. In the provision of the universal service, consideration is to take on technical developments as well as on macroeconomic, regional and social aspects, as well as on user demand.

(3) facilities, nature and extent of the postal consignments to be transported within the scope of the universal service have to comply with the provisions of the world postal contract and other agreements of the Universal Postal Union.

(4) the Federal Minister for transport, innovation and technology may adopt further provisions through regulation of the services attributable to the universal service, like in particular about the density of pick-up and access points, the pick-up and delivery frequency, the reporting requirement to the regulatory authority and the evolution of the universal service. While he has also to geographical conditions, as well as the economic impact on the operators to take into account to ensure a permanently satisfying result of the universal service.

(5) the universal service operator has to develop a concept for the provision of the universal service (universal service concept) and to present the main post office no later than 1 March each year. The concept is to annually update; It can be adjusted when needed also within the year. All measures relating to the universal service, such as in particular the restructuring of the branch network, General changes to the opening hours of branches and changes in the area of supply with mail boxes, have to be carried out on the coverage with universal service Ordinance shall take within the scope of this concept. Closures of post offices provided for in the network part of the concept (branch network concept) may only performed if the compensatory management of post offices is permanently excluded and the provision of universal service by an alternative solution (Post Office, rural delivery staff, "Mobile post office" or a similar alternative supply solution) is guaranteed. Prior to the closure of post offices are to inform the communities so far supplied by the post office in a timely manner and to seek alternative solutions with an effort to get the location in mutual cooperation with the affected communities within 3 months; the other relevant provisions of the postal universal service Ordinance are keeping up. The Federal Minister for transport, innovation and technology can require the production of documents relating to the proof of compliance with these criteria and also through expert review. These criteria are not met, or the requested evidence is not submitted, as the Federal Minister for transport, innovation and technology may prohibit administrative decision closing a post office."

11 paragraph 6:



"Reserved postal services



§ 6 (1) the provision of postal services for personal beanschriftete letter mail items up to 50 grams in weight is basically reserved for Austrian post.

(2) excluding are subject



1 outgoing cross-border mail, 2 shows, their charging is at least the times of standard pay a domestic letter of post, 3. the document exchange, 4 items, with written messages or other messages, or by a representative of the sender, transported by the sender unless the carriage not on behalf of several senders or recipients.

5. direct mail; However only those direct mail, the beanschriftete as personally broadcast open (unpacked and unlocked) will be shipped, as such is clearly visible and next to the address field contains no more individualization and 6 documents accompanying a shipment of goods.

(Anyway, restriction of the reserved area 3) any will not be in accordance with the EU directive, prior to January 1, 2009.

(4) the reserved postal service has the permanent provision of nationwide universal service to make sure."

12 § 9 is as follows:



"General terms and conditions for the reserved postal services and universal service



§ 9 (1) for the reserved postal service has to adopt general terms and conditions of the operator. These terms and conditions shall require the approval of the regulatory authority. They are to submit the authority at least two months prior to intended publication.

(2) the authorization is to deny, if



1 user and market needs not adequately covered, violate the terms and conditions of 2 that are not adequately ensured quality of services or the adequacy of the fees and 3. mandatory law.

(3) the regulatory authority has the right to request information about any circumstances that are required for the approval of terms and conditions. Their bodies or their representative are entitled to inspect for that purpose in the business records of the operator.

(4) the universal service operator has to adopt general terms and conditions of the universal service in accordance with the provisions of this law and the regulations issued on the basis of this Act. These are to regulate the services offered and to set the appropriate charges. The terms and conditions of the universal service are to provide the regulatory authority for publication. § 9 para 3 shall apply mutatis mutandis.


(5) the terms and conditions are to publish by the operator in a suitable form. They also have to settle when they enter into force. Changes of the general terms and conditions not only empowering users and newly adopted general terms and conditions apply two months after publication at the earliest."

13 paragraph 10:



"Charges for the reserved postal services and universal service cost accounting system,



The fees for the reserved postal services are section 10 (1) to regulate the terms and conditions. The charges require the approval of the regulatory authority. The approval may be granted in the form of establishing tariff developments (price-cap procedure); also special rates can be provided.

(2) the fees for the reserved postal services and the universal service are to apply to all users in the same way. The application of a single fee for the universal service excludes does not have the right of the operator of universal service to meet individual price agreements with users. The criteria for the fixing of such prices are to display the regulatory authority and to publish, in an appropriate form they are to apply to all users in the same way and have to comply with the principle of non-discrimination.

(3) the fees for the reserved postal services and universal service must be such that they are at least consistent, affordable and cost-oriented. Regulation of the Federal Minister for transport, innovation and technology to set the detailed provisions on the design of these charges.

(4) universal service operators have to keep separate accounts for each service of the reserved area on the one hand and for the non-reserved services on the other, in their internal accounting systems. There is a clear distinction between belonging to the universal service and other services to meet the accounts for the non-reserved services. The internal accounting systems have to work on the basis of consistently applied and objectively justifiable cost accounting principles.

(5) Regulation of the Federal Minister for transport, innovation and technology to set detailed rules on the design of cost accounting systems referred to in paragraph 4 and the reporting to the regulatory authority.

(6) universal service provider have to submit the financial statements to an independent auditor to examine and publish."

14. under section 10 shall be inserted:



"Validation not restricted fees



Article 10a. (1) facts are known of the regulatory authority that justify the adoption, that exempt fees of a universal service operator are not the standards of article 10, it has to initiate a review of the charges and to communicate this to the universal service operator.

(2) the regulatory authority has the right to obtain information about all circumstances the fees relating to. Their institutions or by their representatives are also entitled to inspect the business records of the operator for this purpose.

(3) the regulatory authority determines that the charges are not the standards of §10, she has to call on the universal service provider, immediately adjust the fees to the mentioned standards. This prompt is to publish on the website of the regulatory authority.

(4) an adjustment required pursuant to paragraph 3, is not the regulatory authority shall prohibit the conduct complained and to explain the charges invalid."

15 § 11 ABS. 1, 2 and 3 are:



"(1) to advise the Federal Minister of transport, innovation and technology as the regulatory authority for approval of terms and conditions and fees for the reserved postal services, an Award Committee is formed in the Federal Ministry for transport, innovation and technology."

(2) a representative appointed by the Federal Minister for transport, innovation and technology chaired by. In addition are to send to the Award Committee:



1. a representative of the Federal Ministry for Economic Affairs;

2. a representative of the Federal Ministry for social security, generations and consumer protection (Office for consumer protection);

3. a representative of the Federal Chamber of labour and 4. a representative of the Chamber of Commerce in Austria.

(3) the representatives of the federal ministries are by the competent Federal Ministers to order the other representatives of the above bodies. For each representative is to order a replacement member. The activity is a unbesoldetes volunteering."

16. after section 14 is inserted as article 3:



"Section 3

Postal services

General conditions, disclosure



Section 15 (1) is entitled to provide postal services in accordance with the legal provisions outside of reserved postal services (§ 6) anyone.

(2) the service provider has the intended provision of a postal service, as well as changes and the setting of the service before starting operation to display change or setting of the regulator. The display has to be made in writing or electronically. It has information about the service provider, to contain the type of service and any operating characteristics. Services within the scope of the universal service are called such. Regulation of the Federal Minister for transport, innovation and technology to set the further details of the content and the form of display.

(3) the regulatory authority at least once a year has the list of displayed post services together with the name of the service provider to publish.

General terms and conditions for services in the universal service area



Section 16 (1) of postal service providers have to adopt, to describe the offered services and the fees intended to set terms and conditions for services in the universal service area. This is to be published in an appropriate form.

(2) these terms and conditions for services in the universal service area are to provide the regulatory authority in the publication; § 9 para 3 shall apply mutatis mutandis.

(3) the user not only enabling changes and newly adopted general terms and conditions for services in the universal service area effect two months after publication at the earliest.

Duties of a mail service provider



section 16a. (1) a postal service provider have to ensure that staff in the delivery service can be associated with the company in an appropriate manner. You have also through appropriate labelling to ensure that the postal items transported by them can be assigned to your company.

(2) a postal service provider must ensure that broadcasts with personal handover and packages that do not can be delivered to the recipient, are deposited for collection by the recipient. The place of deposit may be not unduly far from the maildrop; they have to provide adequate opening hours.

(3) postal service providers have set up a complaints management, so that users can submit the dispute or complaint cases.

(4) postal service providers have to set in the general terms and conditions for services in the universal service area of quality specifications and quality standards. In addition, they have the Postpoint of mail to regulate the return of undeliverable pieces and the understanding for failed delivery attempt. Users are to inform required measures in an appropriate form in para 2 to 4. In addition, this information once a year on 1 March each year of the regulator are to report.

Universal service providers



Article 16 b. The provisions of this section shall apply by analogy to the universal service operator in accordance with article 5 of this law, providing other than postal services regulated in section 2."

17 § 19 para 2 first sentence reads:



"Austrian post must issue postal stamps with surcharge."

18 § 21 is omitted.

18A. section 25 reads:



"Postal authorities



Section 25 (1) postal authorities are the Federal Ministry of transport, innovation and technology as a top post office, as well as the subordinate him post office postal authority I instance.

(2) regulatory authority is the regulatory authority pursuant to § 25a; in the sense of the directive of the European Parliament and of the Council concerning common rules for the development of the internal market of Community postal services and the improvement of quality of service and in the meaning of this federal law the Federal Minister for transport, innovation and technology, as of 1 January 2008 up to this point the RTR-GmbH can be used for administrative support of the regulatory authority against reimbursement."

18B. According to § 25, § 25a is inserted as a new:



"Regulatory authority



Section 25a. (1) regulatory authority is the Telekom-Control Commission (§ 116 TKG 2003) and Rundfunk und Telekom Regulierungs-GmbH.


(2) for the purposes of post adjustment, a second Senate is formed at the Telekom-Control Commission, which instead of the Member with the relevant technical knowledge (article 118 par. 1 TKG 2003) a member with knowledge of the postal system belongs to. The appointment of that Member and of the corresponding replacement member has in accordance with the provisions of the Telecommunications Act 2003 to be and is to vote on the term of Office of the Telekom-Control Commission.

(3) the RTR-GmbH has under the leadership of the Executive Director for the Telecommunications Division as a business line of the Telekom-Control Commission in postal matters to act and in addition all perform functions, which are transferred in the postal Act and the regulations adopted pursuant to this law the regulatory authority, provided for this purpose, the Telekom-Control Commission is responsible. § 6 KOG shall apply with the proviso that the supervision of the operations of RTR-GmbH in the postal sector rests with the Federal Minister of transport, innovation and technology.

(4) if the Federal law does not otherwise determines, in particular § 121 paragraph 5 the rules of procedure of the Telecommunications Act 2003 TKG 2003, also apply to procedures of RTR-GmbH and the Telekom-Control Commission in Postal Affairs.

(5) which is Telekom-Control Commission responsible for 1 the approval of terms and conditions and fees pursuant to §§ 9 and 10 2. checking not restricted charges in accordance with §§ 4 and 10a 3. placing of supervisory measures after § 27 and measures in accordance with Article 10a.

The costs of the regulatory authority of the Federal Government is (6) until 1 January 2009. "Tasks and resources in the field of post are of the RTR-GmbH to run in a separate accounting group or cost parameters separately and expel."

19 paragraph 26 paragraph 3:



"(3) the Supreme authority of the post is responsible for appeals against decisions of the post offices unless an independent administrative tribunal competence."

20. in article 26 is added after paragraph 3 as paragraph 4:



"(4) the regulatory authority is responsible for"



1. the approval of terms and conditions and fees pursuant to §§ 9 and 10;

2. the review of charges not restricted according § 10a;

"3. the publication of the list of displayed post services pursuant to § 15 and 4. setting of supervisory measures, § 27 and measures according § 4 and § 10a."

21 paragraph 27:



"Supervisory measures



Section 27 (1) supervisory measures are eligible:



1. surveys and studies for the review of the universal service;

2. let moderate orders to correct performance deficiencies that affect the provision of the universal service as a whole but also in some cases; in particular, such orders may refer to the coverage on the density of pick-up and access points and on the pick-up and delivery frequency. they may be adopted only with regard to individual universal services (products); for the correction of such defects is one reasonable period set;

3. let moderate ban planned or existing measures as a whole or in a particular case, when fear is that this enables the provision of universal service is at risk;

4. let moderate provisional ban planned measures if there is reason to believe that the not; commitments to this Act or a regulation adopted pursuant to this Federal Act

5. let moderate transmission of reserved postal services to an other operator;

6 let moderate prohibition of the provision of a postal service, if not met the obligations in accordance with this federal law despite the request by the authority; Here, the authority on the appropriateness of the measure in terms of has postal service carefully on their economic impact on the providers to take.

(2) the universal service provider and other postal services providers are obliged to provide information to the regulatory authority upon request, which are necessary for the implementation of this law and the relevant international regulations. The regulatory authority, or by their representatives are also entitled to inspect the records of business for this purpose.

(3) the regulatory authority can administrative decision arrangements for the implementation of which you meet in particular due to this Federal Act rights coming to and obligations. Those concerned are obliged to follow such orders."

22. in paragraph 28, it has are too "operator of a postal service." instead of "Operators of universal service or of the reserved postal service."

22A. is section 28a:



"Dispute resolution



section 28a. (1) without prejudice to the jurisdiction of the ordinary courts service providers, users and interest groups can submit dispute or complaint cases that have not been settled satisfactorily with a provider of a postal service, the regulatory authority. The regulator has to bring about a friendly solution or to notify the parties of its opinion on the case. The service providers are obliged to participate in such proceedings and to provide all information necessary to assess the situation and to submit the required documents.

(2) the regulatory authority has guidelines for the conduct of the procedure provided for in paragraph 1 to set customized time limits for the completion of the procedure to determine being in particular of the relevant facts. The guidelines are to publish in an appropriate form."

 

23 paragraph 29 section 1:



"Administrative penal provisions



Section 29 (1) commits an administrative offence and is fined to punish with up to 30,000 euros, who



1 violates article 4 universal service not or not properly provides.

2. contrary to § 4 paragraph 5, an officially arranged measure (ban) not followed;

3. provides postal services reserved contrary to § 6;

4. contrary to article 9, para. 3 and section 10a, paragraph 2, of the regulatory authority or the granted by them representative not insight;

5. contrary to article 9, paragraph 4 and article 16, paragraph 2 the general terms and conditions shall not the regulatory authority;

6 contrary to article 9, paragraph 4, and article 16, paragraph 1 no terms and conditions issues, which does not describe services or does not set the appropriate fees;

7. violates article 10 par. 2 criteria for price fixing the regulatory authority does not display, published or not applies to all users in the same way;

8. contrary to § 14 no letter specialized equipment built or not ensures that an existing house letter tray system meets the requirements of section 14;

9. contrary to section 15 indicates services or not completely;

10. contrary to article 16a, paragraph 1 not that staff in the delivery service can be associated with accordingly or does not ensure that transported mail items can be assigned to the company ensures;

11 contrary to section 16a para 2 no ensures that the listed items can be deposited;

12. contrary to article 16a, paragraph 3, establishes no complaint management;

13 contrary to section 16a (4) regulates the specified criteria in the terms and conditions, the user is not informed or the information not the regulatory authority;

14. contrary to article 20 postmark manufactures, uses or makes off whose imprints;

15 contracts in accordance with article 27, paragraph 1 within the time limit to comply or not comply with arrangements in accordance with article 27, para. 3;

16. one is on the basis of this Federal Act adopted by regulation or a decision adopted on the basis of this Federal Act."

24. in paragraph 29 are she referred to previous paragraph 3 and 4 as paragraph 5 and 6 and as new paragraph 3 and 4:



"(3) the authority can indicate duties that violate the obligations under this Federal Act, and applying them to establish the legitimate State within a reasonable period of time set by you. While she has on the legal consequences associated with such a prompt to point out.

(4) the obligated party are due to an administrative offence according to article 29, paragraph 1 not to punish, if they make the legitimate State within the time limit specified by the authority."

25 paragraph 36:



"Enforcement



Section 36 (1) with the execution of this federal law, except of section 30, the Federal Minister of transport, innovation and technology. He has the agreement with the Federal Minister of national defence and in the enforcement of section 27 par. 4 in the enforcement of section 22 last sentence to make the agreement with the Federal Minister of the Interior.

(2) with the enforcement of section 30 of the Federal Minister of Justice is in charge."

26. the provisions of § 37 para 1 to 3 are added to § 31 para. 4 to 6; section 37 shall cease to force.

27. in article 31, 7 and 8 are added to as new paragraph:



"(7) § 2, § 4, § 6, § 9, § 10, section 10a, § 11, § 15, § 16, section 16a, § 25, § 28, § 29, § 36 and the heading of the 2nd section and the rules pertaining to section 21 and section 37 as amended by Federal Law Gazette I no. 2 / 2006 come into force 1 March 2006."

(8) § 25a and § 28a 1 January 2008 into force."

Fischer

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