Dated 18 January 2000
On postal services and on amending some laws (Act on postal services
Change: 517/2002 Coll.
Change: 225/2003 Coll.
Change: 501/2004 Coll., 413/2005 Coll., 444/2005 Coll.
Change: 264/2006 Coll.
Change: 110/2007 Coll.
Change: 285/2009 Coll.
Change: 41/2009 Coll.
Change: 153/2010 Coll.
Change: 281/2009 Coll.
Change: 329/2011 Coll.
Change: 221/2012 Coll.
Change: 212/2013 Coll.
Change: 89/2012 Coll.
Change: 258/2014 Coll.
Parliament has passed this Act of the Czech Republic:
Regulation of postal services
(1) This Act transposes the relevant European Union ^ 1) and
regulates the conditions for doing business in the field of postal services
conditions for the provision and operation of postal services, rights and obligations, which at this
Business arise, as well as special rights and special
obligations of postal operators, who are required
provide and deliver basic services, and the state administration and
regulation of postal services.
(2) The postal service is an activity performed by the postal contract, under
conditions stipulated herein. The postal service usually includes
postal filing, sorting and transportation of mail through the postal network
and carried out for the purpose of delivery of postal items
recipients. For postal service is regarded as the delivery of the money
(3) The postal service is:
A) carriage of mail, carried out in person, which
these consignments at the same time failed to post filing, sorting or
B) a service similar to the postal service, which is performed by the sender
or its related entities.
Definition of Terms
For the purposes of this Act
A) by post Addressable consignment in the final form in which it is to be delivered
operator; postal item means a postal and parcel
B) postal order postal service, whose purpose is the delivery
remittance of money,
C) the operator of the person providing postal services or providing
foreign postal services
D) shipper person who is on your postcard or proof of
postal voucher as a sender identification; If the sender is not identified,
, the person who concluded the postal contract,
E) the addressee of a person who is on your postcard or proof of
postal order as the sender marked
F) recipient address, or any other person who, according
postal contract is or may be issued by mail or paid
G) release delivery postal item or the payment of the money
amounts operator recipient
H) returning issuing postal item or the payment of the money
amounts operator of the sender or another person, which according
postal contract is or may be refunded
I) foreign postal service service, the provision of which was agreed in
abroad and whose purpose is delivery of postal items or cash
amounts in the Czech Republic and which falls within the area of postal services in
that phase, which is provided by the operator in the Czech Republic,
J) essential services, postal services and foreign postal services
relative to the needs of the public under state protection
hedged according to this Act,
K) foreign operator whoever abroad in cooperation with
operator involved in the provision of postal services abroad
L) communication of documents in written form in the schedule for specific
M) postal mailings filing receipt or remittance amount of money
operator to provide postal services
N) postal network: the system of organization activities and technological features
technical equipment, network businesses or specific services
operator, which it uses for ensuring the provision of postal services
O) express delivery service means a service which is outside the larger
Speed and reliability of collection and delivery of postal items characterized
providing services to these characters, or some of them:
guarantee delivery on a specified date collection of shipments from point of origin, the recipient transfer
into their own hands, opportunity change of destination and addressee in
transportation, receipt confirmation to the sender's mail, checking and monitoring of consignments
, personal customer service and providing
services according to customer requirements, if required.
(1) Basic services include
A) the service delivery of postal items up to 2 kg
B) the service delivery of postal parcels up to 10 kg
C) service delivery monetary amount postal order,
D) service delivery registered mail, which means the service
providing a guarantee of compensation in a lump sum in the event of loss, theft or damage
contents mailings and supplying the sender
evidence about postal mailings and filing or at his request
proof of its delivery to the addressee,
E) the service delivery of the consignment, which means the service providing
guarantee compensation in case of loss, theft or damage
mailings, up to the value declared by the sender
postal consignments | ||
F) the service charge-free delivery of mail to 7 kg for the Blind
G) services that must be provided on the basis of obligations arising from
Czech Republic's membership in the Universal Postal Union.
(2) Basic services must be provided
A) continuously throughout the Czech Republic through a network
establishments of which the minimum number of sets
to the proposal of the Czech Telecommunication Office (the "Office") government regulation;
into this number also included the establishment led by the third party on behalf and for the account
postal license holder,
B) a specified quality, which is in line with the needs of the public
C) at affordable prices, enabling the use of basic services to the extent
corresponding to the common needs of people
D) every working day and must allow these days, at least one
postal administration and at least one delivery to every address
natural or legal person or, in exceptional cases, especially if the place
delivery dangerous or unreasonably difficult to access, which are set
implementing regulation pursuant to paragraph 3, one delivery
to the appropriate device or delivery canisters
E) in a manner that meets the requirements of the official service of documents
under special legislation.
(3) The implementing regulation lays down detailed technical specification
various dimensions of basic services, including postal parcels and other postal items
and further determined in accordance with paragraph 2
way of providing and ensuring basic services to be implemented
in quality that is required in the public interest (hereinafter "the basic quality requirements
"). Basic quality requirements ensure
especially the speed, reliability and regularity of basic services,
sufficient density of service points providing postal administration
well as the necessary level of awareness among users about how to ensure
Closing postal contract
(1) The operator is obliged to disclose in each of its establishments, as well
manner allowing remote access to postal conditions. Tímto
disclosure offers each uzavření postal contract.
(2) The operator is obliged to conclude a contract with the postal anyone who
its closure within the post and in the manner specified in them
(3) The operator is not obliged to conclude a postal contract if
its contents should also be deviations from the rights and obligations that have become
contents of the legal relationship established by a postal contract, or
their completion. Such a contract postal operator may conclude
if there is such a possibility in postal terms highlighted and if
these deviations and change the nature of accessories offered by the postal service.
(4) The operator is entitled to the conclusion of the postal contract require
sender to prove that the postal item and its corresponding adjustment
postal conditions; but he is not obligated to find out.
(1) The postal contract the operator undertakes the sender to deliver
mailer or a sum of money from the site of the postal administration
agreed by the recipients to place mentioned in the address, and the sender agrees
unless otherwise agreed, agreed to pay the operator
price. Postal contract is any contract whose
is provided by the postal service.
(2) The operator is not liable for failure to comply with its obligations under the contract postal
fault of the recipient or as a result of fulfilling the obligations imposed on the operator
this Act or a special legal regulation
. ^ 2)
(3) If the operator agreed otherwise, the sender is required to adjust
mailer manner according to § 6 para. 2 point. c) and d
(1) Post and conditions must be in writing.
(2) Post conditions must be clear, comprehensive and easily accessible way
contain at least
A) a description of the postal service
B) a way to conclude a postal contract
C) an adjustment of mailings, its size and weight,
D) provisions specifying that the content of the mail is considered
dangerous and requires special handling, as well as the obligatory special treatment
E) provisions defining illegal content mailpiece
F) the manner and terms of delivery,
G) the price of postal services, the manner of its payment claim and the extent of the sender
on its return if the operator has breached the obligations arising from
H) the operator's procedure when impossibility mailer,
I) the method of use claims for defects provided postal services, including
data about where and at what intervals can claim a deadline for its execution
J) the operator's procedure when opening mail under § 8
K) the operator's procedures for the sale or destruction of mail or
its part under § 9 and 10, including the time limit, the expiry of which such
loading of the consignment subject,
L) the extent of liability for damages according to § 13 para. 1
M) limit the amount of damages pursuant to § 13 para. 4
N) list of provisions, which can not be derogated from by contract
O) the conditions for the mailer or the monetary amount to
abroad if such a service offering.
(3) The operator is obliged at least 30 days before the effective date of changes in postal terms
disclose information on the change in each of its establishment
a manner allowing remote access.
(4) The Office shall invite the operator to give not less than 10 days performed
change in postal terms if they are in conflict with this Act or
the implementing regulations to this Act or in conflict with the law | || containing consumer protection rules, and because of
unfair trade practices or because of discrimination against consumers ^ 17);
In this case, paragraph 3 shall apply. Failing to rectify within the period specified in the invitation
Office initiates proceedings on an administrative offense.
Objections to the settlement of a claim
(1) If the operator fails to comply with or not dealt with complaints of defects provided
postal service, the sender or the addressee is entitled to file with the Office
to initiate an opposition to the settlement of a claim
without undue delay, but no later than one month from the date of receipt
claim handling or lapse of the deadline for its execution, otherwise
right to raise objection ceases. Filing the petition
subject to an administrative fee.
(2) does not conclude if the parties have a settlement or conciliation Authority has not approved
Office will decide whether the complaint was handled properly or not. On the proposal
Office will decide in proceedings pursuant to paragraph 1 of Rights and Responsibilities
parties arising from the postal contract or this Act.
(3) The Authority acknowledges the party who asked for in the full success
bear the costs necessary to the efficient enforcement or protection of rights
against the party who had been unsuccessful. If a participant had control
unsuccessful only partial, the Office for costs relatively
split, or decide that none of the parties has to bear the costs
right. Although the party was unsuccessful only
Part, it may admit the full Authority to pay the costs, if he got
failure in a relatively small part or a dependent if the decision on the amount
performance on expert opinion or the discretion of the Authority. Office admits
pay the costs in full participant also if it was for
behavior of another party's withdrawn proposal, which was filed participant
Rights of postal contract
(1) The right to dispose of the postal item or the remitted money amount
has until its delivery only the sender; the operator may
postal mail or remittance of money to treat only to the extent necessary and only
a manner which is part of the provision of postal services.
(2) Other persons and institutions listed in paragraph 1 may
with postal mail or remittance of money until its delivery
deal only if it is in accordance with the contract or postal
if so stipulated by special legislation ^ 3).
(3) The rights of the postal contract lapse upon expiration of one year from
postal administration, unless this law otherwise.
(1) The operator is entitled to open the parcel, if
A) it can not be delivered at the same time it can not be returned or not be
postal contract returned
B) there is a reasonable suspicion that it contains matter deemed by postal
conditions unsafe or thing, the postal service is not by postal
C) has been damaged,
D) it is a reasonable concern that has occurred or that by the delivery could occur
E) it is necessary to meet the obligations imposed on operators
special legislation. ^ 3b)
(2) Paragraph 1 shall not apply to postal mail, from whose
exterior design is evident that under an international convention which is part
Czech law, ^ 4) untouchable.
(3) The operator is obliged to open mailings to inform
delivery at the addressee or the sender when returning mailings.
(4) The content of mailings can be viewed when it is opened only
extent necessary to ensure the purpose of the tour. When opening must be
protect facts, which are protected under special
legal regulation, 5) as well as the protection of postal secrecy (§ 16) and
secrecy. ^ 6)
Sales mailings operator
(1) The operator is entitled, after expiry of the deadline to sell the postal
consignment or part thereof if
A) postal mail can not be delivered at the same time it can not be returned or not
be returned by the postal contract, or
B) it is a reasonable concern that the contents of the mail delivery to deteriorate.
(2) Can not Sell mailer, which is under an international treaty,
which is part of the legal order of the Czech Republic; 4) untouchable.
Sale is not such content mailings, covered
secrecy. ^ 6)
(3) If possible, the proceeds of sale, after deducting costs
storage, cost of sales and unpaid part of the price (the "Net proceeds
") issued to the sender operator. Unless the net proceeds issued
sender has the right to ask for his extradition within under § 7 para. 3;
After a lapse of time without a right to issue net proceeds
expires and the net yield potential operators.
Destruction mailings operator
(1) The operator is entitled, after expiry of the deadline to destroy the postal
consignment or part thereof, if the content of the mailings wholly or partly
(2) The operator is authorized, even before the agreed deadline destroy
postal mail or in part, if it is necessary to ensure
protection of human health.
(3) If the sale of pieces of mail that can not deliver a
same time it can not be returned or should not be returned by the postal contract, the operator
her after the agreed deadline destroyed.
(4) The provisions of paragraphs 1 to 3 shall not apply to postal consignment that
under an international convention which is part of the law
Czech Republic; 4) untouchable.
Issue remittance of money to the sender
Where no posted money delivered or returned it to the operator
Worth the sender if the sender requests within ten years
postal administration; after the lapse of this period the right to release
amounts of money expires and the amount of money falls operators.
Liability for damages incurred in the provision of postal services
(1) for damages incurred in the provision of postal services operator
corresponds to the extent provided by law and the postal contract.
(2) The operator is only responsible for damage incurred in the period from
postal administration in the delivery or return.
(3) The operator is not liable for damage caused by the sender or recipient
(4) The operator is not liable for damage caused by unavoidable
events, unless otherwise agreed.
(5) The operator is not liable for damage resulting from the seizure or detention
mail or remittance of money or other measure
if they were made under this Act or under a special legal regulation
. ^ 2) || |
(6) The operator is not liable for damage caused by the specific nature or content
(7) Until the mail or posted money was not delivered,
right to compensation should the sender; after its arrival has this right
(8) The right to compensation can not be transferred to another, unless agreed otherwise
(9) damages are paid in cash.
(1) For the loss suffered loss, damage or loss of contents
postal consignments operator is responsible only to the extent agreed in the post
contract. For other damages on the mail liable only
if this was the postal contract is concluded.
(2) The loss of the mail operator shall pay damages equal to the price
she had mailpiece at the time and place of its postal administration.
However, if the agreed compensation at a flat rate, the operator pays
damages in the amount of the agreed lump sum.
(3) If the contents of the postal item is damaged or incomplete, the operator
pays damages equal to the difference between the price they had mailpiece
at the time and place of the postal administration, and the price should
at the time and place of the postal administration of postal item is damaged or incomplete;
if not practical to repair, the operator pays damages equal to the cost
(4) If the sender is in accordance with the contract postal said at the post
shipment amount that it appreciates the damage is paid up to a maximum amount of
. In other cases, the damage is paid up to the amount agreed in
postal contract; if no such amount is agreed upon, the amount of compensation is not limited
(5) If it is proved that the loss, theft or damage
postal consignments originated by a willful act or employees of the persons authorized
for the operator to act or other persons employed
operator or operators who is a natural person, the compensation is provided
in the amount referred to in paragraphs 2 and 3, and to limit the scope of liability
agreed under paragraph 1, nor to limit the amount of compensation for damage
pursuant to paragraph 4 shall be disregarded. If the agreed compensation
a lump sum referred to in paragraph 2, second sentence, may be used instead
claim for damages at a flat rate applied to the operator
entitled to compensation pursuant to paragraph 2, first sentence.
For the loss suffered in connection with a postal order
operator is responsible only if this was agreed in the postal contract.
Mailings and postal vouchers abroad
(1) When negotiating a contract for postal consignments abroad or postal order
abroad with the provisions of § 2-14
apply mutatis mutandis with regard to the participation of foreign operators and
regulations applicable abroad.
(2) The deadline for the limitation of rights under the contract of the mailpiece abroad
about postal voucher or abroad can be arranged differently from
§ 7 para. 3, if such adjustment periods conditional
synergies foreign operator in providing postal services.
(3) The liability of the operator for damages incurred in connection with
postal item abroad or postal order
abroad can be arranged differently from the provisions of § 12-14, if such
adjusting the liability of the operator under damage conditional cooperation
foreign operator in providing postal services.
(1) A person involved in the provision of postal services
a person engaged in activities pursuant to § 37 (hereinafter referred to as the "bringer postal
secret") have an obligation to maintain confidentiality of facts
relating to the provision or postal services rendered, which on its activities
learned. Knowledge of these facts may
used only for the purpose of providing postal services or activities according to § 37;
Not allow them illegally met another person.
(2) Paragraph 1 shall not apply to any information which
does not indicate who the sender was, or who was the addressee.
(3) Bearer of postal secrecy may disclose information provided
or postal services rendered to the sender, addressee, legal successors
sender or the addressee, representatives of the sender or the addressee,
or other persons with knowledge of the sender
addressee or act in their favor.
(4) exempt the holder of postal secrecy obligations under paragraph 1
can only sender, addressee, the legal successor of the sender or addressee
a representative of the sender or addressee.
(5) identify the contents of the mail operator is allowed only when it is open
according to § 8 paragraph 1.
(6) Paragraphs 1 to 5 shall not apply to the case when a
postal operator under this Act or under special legal regulation
^ 2) the requirement
A) inform persons and bodies authorized under a special legal regulation
^ 3) information provided or provided by the postal service, or
enable them to obtain this information,
B) issue to persons and bodies authorized under a special legal regulation
^ 3), postal mail or Money Order or
C) make or allow other measures.
(7) The operator of postal services is obliged
A) to issue the necessary time to the bodies authorized to use
intelligence technology by special legislation, 9a)
postal shipment or allow other measures affecting the mailpiece
at the request of the Head that authority or person authorized by him and
conditions laid down by special legislation ^ 9)
B) maintain confidentiality of the procedure under a).
(8) The provisions of paragraphs 1-7 shall apply mutatis mutandis to foreign
Operate postal services
Conditions for the postal service
Business conditions in the postal services
(1) enterprises in the postal services may, under the conditions laid down in this Act
natural or legal persons who meet the general conditions for business
under this Act.
(2) The general conditions for doing business in the field of postal services will mean
A) in the case of individuals achieving at least 18 years old and full capacity to
B) the integrity,
C) the fact that a natural or legal person not registered in tax authorities at
Financial Administration of the Czech Republic nor in Customs Administration
Czech Republic recorded in arrears, with the exception of arrears in which the
allowed deferment of his payment or distribution of its payment in installments.
(3) A person of integrity for the purposes of this Act a person who has been finally convicted
A) intentional offense to unconditional imprisonment of at least 1
B) for an intentional criminal act committed in connection with the business to
which is not covered by subparagraph a) or
C) the offense is committed through negligence in connection with the business in
if him never to have been convicted.
(4) In the case of a legal person has integrity requirement under paragraphs 3
meet board members.
(5) Integrity is proved by the extract from the Criminal Records for foreign persons
documents pursuant to § 18 par. 3 point. b).
Office will require a statement of criminal records under a special legal regulation
^ 18). The request for an extract from the Criminal Records and
extract from criminal records to be transmitted electronically, and it
manner allowing remote access.
(6) enterprises in the postal services is not a natural or legal person
whose property was declared bankrupt after the date of
A) the sale of the business within a single contract
essence realization of assets during the period prescribed by special legislation, 19)
B) the date of the decision, which the court ceased operation
enterprise or from the date specified in this decision as the end of the day
running of the business.
(7) enterprises in the postal services is not a natural or legal person
, for a period of 3 years from the date of entry into force of the decision
refusal of an insolvency petition because the debtor's assets is not sufficient to
cover the costs of the insolvency proceedings.
Business in the field of postal services can no longer natural or legal person, after
period of 3 years from the date of the decision on the annulment of bankruptcy
because the debtor's assets is completely insufficient to satisfy creditors
. If the bankruptcy was canceled for any reason other impediment
business in the area of postal services referred to in paragraph 6
eliminates the effective date of the decision on the annulment of bankruptcy.
Announcement business in the field of postal services
(1) The authorization to do business in the field of postal services begins from the day written notice
business that meets the conditions laid
paragraphs 2 and 3, the Authority, through the forms (hereinafter
"notification" ), a specimen Office provides the implementing legislation.
Office publishes the form in a manner facilitating remote access.
(2) The Notice contains essentials pursuant to § 37 para. 2 of the Administrative Code and further
A) for foreign natural person permanent address outside the Czech Republic
, residence address in the Czech Republic, if the
enabled, address, location of the organizational unit in the Czech Republic, if established
; for a foreign entity office address and
organizational unit in the Czech Republic,
B) a list of essential services and other postal services which it intends to provide
C) the territorial extent to which it intends to provide postal services,
D) data on postal network through which to be
postal services are provided
E) the probable date of commencement of the provision of postal services.
(3) The notification referred to in paragraph 1 shall be accompanied
A) proof that the legal person has been constituted or established if
incorporation has not yet made, or evidence that
legal entity is registered in the appropriate register, with the exception || | commercial register, if registration has already been made;
by foreign legal entities excerpt from the commercial or similar register kept in
State of residence and proof of operating a business in foreign countries;
evidence of the operation of the enterprise abroad does not present a legal entity based,
central administration or principal place of business in their
EU Member State; Extract from the register must not be older than 3 months
B) foreign individuals excerpt from criminal records or by a non
equivalent document issued by authority of the State of which he is a citizen and
state where the last person in the last three years, resided continuously for
at least 6 months; If the state does not issue such documents, then
declaration of irreproachable character made before a competent authority such
State; such documents or statements can not be older than 3 months
C) for foreign natural persons proof of permanent residence, if it was her
granted; Foreign natural person who is established in the Czech Republic
organizational unit, a document certifying that the company has
outside the Czech Republic and documents regarding its operation;
evidence of the operation of the enterprise does not demonstrate a Member State national
D) confirmation of the competent financial authority for the fulfillment of conditions pursuant to § 17 paragraph
. 2 point. c)
E) proof of payment of the administrative fee under special legal regulation
(4) An operator who has fulfilled the notification obligation pursuant to paragraphs 2 and 3
is obliged Authority in writing without delay communicate data changes and
documents, which are set for the announcement of business in the field of postal services
and without undue delay, submit the documents;
It does not apply when it comes to changes and additions already registered in basic registers
^ 21) in the commercial register ^ 22) or in the information system of population records
^ 23) if the operator of a Czech citizen
Republic or in the information system of foreigners ^ 24) if the operator
(5) natural and legal persons that have completed or interrupted business
postal service is required within 10 days of termination or interruption
business in the field of postal services in writing to notify the
(6) A natural person or legal entity, which interrupted the business of
postal services referred to in paragraph 5, is required if re
starting a business in the field of postal services notified in writing of this fact
Office before re starting a business.
Certificate and registration of postal operators
(1) Within 10 days of receipt of the notice Office issues a person specified in § 17 paragraph
. 1 certificate attesting that the person submitted a notification under
§ 18, and also assigns the identification number if it has not already been allocated
; identification number provided by the Office administrator basic
register of legal entities, business persons and bodies
public authorities. Does not meet the notification requirements pursuant to § 18 par. 2 and 3,
Office shall promptly invite him to its completion within a period of not less than 14 days
. Does not meet the notification requirements even after this
period the Office decides that authorization to do business in the field of postal services None
(2) The certificate referred to in paragraph 1 shall contain:
A) the following details:
First for natural persons name or names and surname or name
or trade name, permanent address and identification number
person (hereinafter "identification number"); for a foreign person also address
permanent residence outside the Czech Republic, permanent address
stay in the Czech Republic, if it was allowed,
Second for a legal person business name, registered address, identification number;
For a foreign person also address organizational unit in the territory
B) defining the type and territorial extent postal services whose provision
C) the date of authorization to do business in the field of postal services,
D) the date and place of issue of the certificate.
(3) The Office shall keep electronic records of operators who
fulfill a reporting obligation pursuant to § 18 paragraph.
1. Records contain information to the extent of the information referred to in paragraph 2 and is publicly accessible way
allowing for remote access.
(4) At the request of the operator of the Office shall issue a certificate of communication changes
reported data to the extent specified in paragraph 2.
Operation service delivery monetary amount postal order
Operate services delivery monetary amount postal order may only
postal license holder, whose postal license expressly includes this
(1) The contents of the postal license is the obligation to ensure universal availability
some or all of the basic services throughout the Czech Republic
or part thereof (hereinafter the "Universal Service Obligation") and the period of validity of the postal
(2) licensed postal operator is, who has the obligation
provide and deliver basic services, which are contained in its
(1) The obligation to provide and deliver basic services throughout the country
or part of one or several operators Office
saves granting a postal license on a competitive basis, so that
all essential services in general available throughout the country, and
maximum period of 5 years.
(2) The announcement of the tender Office published on the official board and
Postal Bulletin. In a declaration indicating the application requirements
deadline for submission of applications, conditions of participation as well as a list of essential services
requirements for the quality and availability of basic services and the evaluation criteria
(3) The evaluation criteria set by the Office applications. The criteria include in particular
A) the financial, technical and professional conditions of service,
B) the amount of the net cost of providing basic services and ensuring
in the required scope and quality.
(4) The application must include a method for calculating the annual net cost
Provision of basic services, which is in accordance with § 34b, and the amount
net cost breakdown for each calendar year to which the obligation
(5) The Authority may require the applicant to submit the necessary documents
to demonstrate that it is capable of ensuring the provision of basic services
mentioned in the tender notice under paragraph 2
(6) The Office shall grant a license postal operators, who filed
request within the period referred to in paragraph 2, complied with the conditions of participation in the tender
management and best meet the defined criteria evaluation of applications.
(7) Office report on the progress and results of the tender and the decision
postal license pursuant to paragraph 6 shall publish in the Postal
(8) The Authority may, if there were reasons worthy of special consideration
mainly due to a substantial change in the circumstances announced tender
cancel and terminate the proceeding, even after the deadline set for the submission of applications
. The decision to halt the proceedings, the Office shall notify all operators
who have already filed, and the decision to publish the Postal
(9) Failing any operator or tender
If no operator is selected for participation of non-compliance or non-compliance
criteria for evaluating applications, Office saves
decision on granting a postal license obligation to provide
and provide basic services mentioned in the tender notice under paragraph 2
operator which best meets the evaluation criteria of applications.
Change postal license
Authority may on its own initiative to change the range of postal obligations
A) if required by the public interest in ensuring the availability of other basic
B) if it is necessary to fulfill obligations arising under European Union
^ 1), or to comply with international commitments of the Czech Republic, ^ 12) or
C) where, following the review and consultation in accordance with § 37 para. 4 and 5
that the provision of some basic services, which are included in the mailing
license is provided throughout the Czech Republic under conditions
comparable with requirements to provide basic services affected by
Withdrawal postal license
On its own initiative, decide on the withdrawal of the postal license, if the postal license holder
A) ceased to meet any of the conditions under which he was
postal license, or
B) does not fulfill obligations stipulated by this Act or the decision to award
or amend the postal license, or can not control according to § 37 paragraph
. 2 point. a) even though he was the possibility of withdrawal of the postal license
For this reason, the Office in writing and did not rectify nor
reasonable time limit set by the Office.
Termination postal license
Postal license expires
A) the expiry of the period for which it was granted,
B) the date of dissolution of the legal entity without a legal successor or death
individuals who have been granted, or
C) the date laid down in the decision of the Office on the withdrawal of the postal license under §
Publication of decisions
Decision on granting, amendment and withdrawal of the postal license, including
rights and obligations deriving from it, and the communication of its demise
Office published in the Postal Bulletin.
RIGHTS AND DUTIES OF POSTAL SERVICES AND LICENSE HOLDER POSTAL
Disclosure postal operators
(1) The operator is obliged to provide a written request to the Office of
deadline, the form and extent of complete and truthful information, including
financial information, data and documents that are necessary for the performance of activities
to which it has under this Act, the Office application.
Part of the request of the Office of the justification, including the stated purpose for which the Office
information, data and documents required. Office requires information, data and documents
operators also at the request of the European Commission.
Office requires more information than is proportionate to the purpose for which they are collected
(2) The Office and transmit information, data and documents referred to in paragraph 1
which contain personal data, facts that are
trade secret, or facts that are subject to special protection under
legal regulation 3).
(3) For purposes of performing duties under this Act made by the Office
collection of information and the operator is obliged to provide this information
via software applications on an electronic form, unless otherwise provided
a means of providing information in an application pursuant paragraph 1
(4) The Office may check the information, data and documents submitted
under paragraphs 1 to 3
(5) Information, documents and data submitted by the person liable under paragraphs 1-3
Office is obliged to protect against misuse.
Evidence revenues and earnings
(1) The operator, which is an entity under a special legal regulation
, indicated in the chart of accounts for separate accounting of
revenues from activities related to the operation of the postal services and
foreign postal services and related activities
with different business activities so that it can be determined by the percentage and amount
payments under § 34c paragraph. 7 and 8. An operator who is carrying
unit under a special law, maintains a separate register
income from these activities.
(2) An operator shall submit to the Office the results of accounting revenues and earnings
conducted under paragraph 1 to June 30 of the previous calendar year
. The Office is authorized to check the results.
(3) The implementing regulation lays down the method of keeping records of income and
income under paragraph 1 and a form for reporting results in accordance with paragraph 2.
Obligations postal license holder
(1) The postal license holder is obliged
A) fulfill the Universal Service Obligation in a manner that is consistent with the needs
public and basic quality requirements, including persistent
provide information on basic services and the way they use,
B) offering postal services covered by the Universal Service Obligation
according to postal terms.
(2) The postal license holder may not temporarily perform the duties
pursuant to paragraph 1. a) if it prevents the obstacles that alone did not induce a
whose origin could not prevent when proper care, especially involuntary
technical problems, the consequences of natural events
lack of necessary cooperation of others or the consequences of the crisis.
Holder of postal license, it must act so that the performance of the duties was
limited as possible and that obstacles are removed as soon as possible.
(3) The postal license holder may not provide mail service to which
covers postal obligation, unless to do so would be in
consequence that any of the requirements under § 6 par. 2 point. b) to e)
not fulfilled, excessively complicated, or it would be for him
risk associated with other serious consequences.
(4) The postal license holder is obliged
A) ensure that no unjustified favoritism or discrimination
candidates for basic services, which are contained in its
B) provide appropriate information about the basic services that are
included in the postal license, and the way they use,
C) ensure rapid and efficient dealing with objections
users of basic services, which are contained in its postal license;
information on the number of objections and the manner of their execution are published pursuant to subparagraph e)
D) comply with the technical standards for the postal sector
mandatory under European Union law and appropriately provide information on such standards and
make independent measurements of transit times of mail and publish the results by letter
e) || |
E) publish annually, while the Office to submit complete and truthful information about the results
provision and provide basic services
contained in its postal license, and performance evaluation
quality parameters according to state 31. December of the calendar year, and it
no later than 31 March of the following calendar year; content, form and manner
publication of information in the implementing legislation.
(5) The postal license holder is obliged to provide basic services
contained in its postal license, for cost-oriented
Prices except in accordance with paragraph 6, § 3 para. 1 point. f) and § 34a.
Cost-oriented price means a price which includes
effectively and efficiently incurred costs and reasonable profit, which is determined so as to ensure
return on investment within a reasonable period of time and
account of the relevant risks.
(6) The postal license holder can negotiate prices that include
lower profit margins than the reasonable profit corresponding to the cost-oriented prices
basic services in accordance with paragraph 5; But he does not arise
entitled to reimbursement of net costs set under § 34b of the difference between
applied and a reasonable profit.
(7) The postal license holder is obliged to negotiate the prices of basic services
contained in its postal license, transparent and non-discriminatory
. If, under certain conditions, to negotiate the price
some of these basic services, specifically, is obliged under comparable conditions
offer everyone follows the agreed price.
(8) The postal license holder is required to notify the Office in writing
A) price increases of basic services, which are contained in his post
B) any changes in the technical, organizational or legal nature related to this
postal license holder, which can significantly affect
provision and the provision of basic services, which are contained in its
(9) The notification pursuant to paragraph 8 point. a) a holder of a postal license
required to take at least 90 days prior to the date on which it intends to raise prices
basic services, and notifications pursuant to paragraph 8 point. b) at least 30 days before the date
Separate records of costs and revenues associated with the provision and
providing various basic services
(1) The postal license holder is obliged to keep in accordance with the implementing
regulation pursuant to paragraph 2 separate accounting of costs and revenues associated with the provision
individual basic services that are
contained in its postal license and other services so as to ensure
basis for calculating the net cost for each
basic services for the regulation of prices of basic services and to demonstrate the fact that
there is no cross-funding between basic services which
they are contained in its postal license, and other services.
(2) The implementing regulation lays down the manner of keeping separate records
costs and revenues, segmentation methodology for certain costs and revenues and their allocation
including determining a reasonable profit and reported
(3) The postal license holder is obligated to assign a separate registration
direct costs of specific services to which they relate and at
allocation of common costs using methods that are based on the nature and origin
costs and used under the same conditions, the same
rules for the allocation of costs for basic services and other services.
Postal license holder shall ensure that the sum of the allocated costs and revenues
separate records corresponded to profit or loss in the statement of profit and loss
assembled in the annual financial statements.
(4) Rules, which suggests the postal license holder and
according to which the costs will be shared by multiple activities licensed postal
assigned to each basic services that are included in its
license may take effect only after their approval.
Postal license holder must ensure that compliance with the approved rules
separate records of costs and revenues will be checked annually by a person
qualified and independent postal license holder;
this person must be approved by the Authority. The results of this verification
Office has published in the Postal Bulletin.
(5) The postal license holder is obliged to submit certified results
separate records of costs and revenues Office no later than 31 July for
previous financial year.
SHARING special services and elements of postal infrastructure
(1) The postal license holder is obliged
transparent and non-discriminatory manner on the basis of a written contract
allow access to other operators to elements of postal infrastructure and special
services related to the operation of postal infrastructure (hereinafter
"Postal infrastructure"). Postal infrastructure includes a database
address with the address information, who requested delivery other than
sender address listed on their new addresses, postal
boxes, delivery containers, redirection service, return of service
sender service delivery to the address listed on the mailpieces.
(2) The postal license holder can reject the draft contract
pursuant to paragraph 1, if the performance of this contract could lead to danger
activities related to the provision and the provision of basic services, which are included
in its postal license, or endangering the safety
(3) If the contract pursuant to paragraph one to two months from the date of
commencement of negotiations on the draft agreement, the Office will decide the dispute about modifying
reciprocal rights and duties upon proposal of either Contracting Party
. Part of the contractor's proposal for resolution of the dispute must be
draft contract should specify the disputed parts. If the dispute
price for access to postal infrastructure, the Office within the framework decision provides
dispute this award pursuant to paragraph 6. The deadline for issuing a decision on
dispute is 4 months, in particularly complex cases 6 months.
Decision Office publishes the dispute in the Postal Bulletin and
manner allowing remote access.
(4) The Authority may, in the context of a dispute impose fine up to
CZK 100 000.
(5) The Office shall accord to pay the costs in full participant in
if it was the behavior of another party withdrawn the proposal
who participated filed reasonably.
(6) The postal license holder negotiates prices for access to the postal infrastructure
at cost-oriented prices.
(7) The postal license holder allows everyone to use free of charge
postal codes, which means a numerical designation of establishments or places
addressees established for the purpose of delivering postal items.
(8) The postal license holder is obliged to keep separate records of costs and revenues
services related to access to postal infrastructure
in accordance with the implementing regulation under § 33a paragraph. 2. The provisions of § 33a
paragraph. 3 to 5 shall apply mutatis mutandis.
(9) The postal license holder is obliged to conclude a contract postal
under § 4 para. 2 of the operator in the event that the subject of this contract is
delivery of postal items, which were submitted for this operator.
(10) An operator shall post, which was filed with him,
mark so that the sign was clearly evident at which
operator was given mailpiece.
Regulation of prices of basic services
Prices of basic services
(1) The Authority shall monitor and assess the development level of prices of basic services and
regularly reviewing their affordability especially with regard to
consumer prices, inflation and average wage.
(2) If the Board finds that the prices of basic services are inconsistent with
provisions of § 3 para. 2 point. c) apply the regulation of prices by issuing
pricing decisions by administrative order. Authority in regulating the prices used
ways of regulating prices set by the pricing ^ 3).
Prices so fixed are binding only on the licensed postal services within
basic services, which are contained in its postal license.
(3) The decision on the price of Office will publish the Postal Bulletin.
(4) Paragraphs 1 and 2 shall not apply to service delivery monetary amounts
DETERMINATION AND FINANCING COSTS NET
Determination of net costs
(1) The net cost is the difference between
efficiently and effectively incurred costs that are necessary for the provision of basic
services and revenues earned from the provision of basic services, regardless
whether the result it is positive or negative. Net costs of fulfilling
obligations to provide basic services is determined as the difference between the net cost for
operators with obligations to provide basic services and
same operator without the obligation to provide basic services.
When determining the net cost, taking into account all relevant facts
including any intangible and market benefits that the operator
obligations to provide basic services, the entitlement to a reasonable profit and
Incentives for cost efficiency. Net costs down for
calendar year in which the operator had an obligation to provide basic services
(hereinafter "the accounting period").
(2) Net costs may only cover the costs of fulfilling obligations
concerning the basic services that are included in the mailing
license. Calculation of the net cost of providing individual basic
services performed for every basic service separately; It is forbidden
duplicated data, any direct or indirect costs and
intangible and market benefits.
(3) Total net cost of each licensed postal
is determined as the sum of all the results of calculating the net costs arising from the provision of individual
basic services, which are contained in its
postal license, taking account of any intangible and market
benefits and incentives for cost efficiency.
(4) Full documentation enabling the correct calculation of net cost of
billing period, the holder of a postal license the Office
along with applications for reimbursement of net costs under § 34c paragraph. 1. The holder of postal license
responsible for the accuracy and completeness of the calculation submitted by him and
submitted documents and materials. Office is entitled to during
verifying the net costs require other necessary documents from the accounting
records or other technical records so as to verify the accuracy
data included in the calculation. Net expense Authority determined in accordance with paragraph 7
based on the net cost calculation, carried
holds a postal license pursuant to paragraphs 1 and 2, and accounting records which must be
support of these calculations or other documents the post office | || licenses, which were required during authentication. If the Office finds that
licensed postal documents are incomplete or have deficiencies
set a reasonable deadline for their completion or repair.
Not performed if the postal license holder within the set deadline, the Office
not include the cost of meeting obligations to provide either of
basic services that are incomplete or inadequate documentation relates
The net cost of providing basic services .
(5) If the postal license holder in the request for reimbursement of the net costs
imposed a higher net costs than those stated in the request for granting
license, the Office will decide whether there are extraordinary circumstances which caused the increase
net costs and which the postal license holder
could not have been reasonably foreseen. These circumstances
postal license holder is obliged to submit.
(6) The Office shall verify the accuracy and completeness of documentation in accordance with paragraphs 4 and 5 to 60
days of the submission or supplement the last of them, or
verification mandate third body that ensures impartiality and
independence of the postal license holder. The decision on the verification of the above
net cost of providing basic services
Office published in the Postal Bulletin.
(7) Procedure Office when calculating the net cost calculation of net costs
individual basic services, the definition of intangible and market benefits
and other matters referred to in paragraph 1, and the documents that must be supported by these calculations
, the implementing legislation.
Financing the net costs representing an unfair financial burden
(1) The request for reimbursement of the net costs of the postal license holder is obliged to deliver
Office no later than 31 August of the calendar year following
after the end of the billing period, otherwise the right expires.
A party to proceedings for payment of the net cost is only requesting
holder of a postal license.
(2) The Authority will determine whether the net cost of providing basic services
determined in accordance with § 34b represents a postal license holder
unfair financial burden. An unfair financial burden is not considered
net cost to 1 percent of the total cost of the postal license holder
per billing period. Subject to payment of a net cost of
amount which is deducted from the net cost of presenting
unfair financial burden laid down by the second sentence.
(3) To cover the costs incurred net Office will establish an account for financing
basic services (the "Account"), which manages. The account is not included
State budget. The account held with the bank and can be used only for the purposes
under this Act. Account balance at the end of the calendar year
transferred to the next year. Interest income is
state budget, bank charges associated with account maintenance
the state budget expenditures.
(4) Revenue Account forms of payment payers and penalties pursuant to paragraph 11.
Office keeps records of taxpayers. Expense account payments to holders of postal
(5) Payer each operator, which provides postal services or
foreign postal services in the Czech Republic.
(6) The taxpayer is not an operator, whose revenues in the accounting period
provision of postal services and foreign postal services
are in aggregate less than 3 million CZK.
(7) The Office provides decision percentages of revenue for providing
postal services and foreign postal services the individual payers
total revenues for the provision of postal services and foreign postal services
all taxpayers in a given billing period.
Final decision, the Office shall publish in the Postal Bulletin.
(8) Office in accordance with the percentage determined under paragraph 7
immediately sets out the net cost determined in accordance with § 34b of the payer's payment amount. On
fixed payment amount, the Office will issue a demand for payment;
payment deadline may not be shorter than 30 days. The obligation to make the payment arises payers
date specified in the payment notice. Postal license holder, which is
recipient of net costs under paragraph 10, is not obliged to pay
done. Order for payment assessment is conducted separately with each payer.
Lodged against the decision on the payment notice no suspensive effect.
(9) The payment under paragraph 8 shall be the taxpayer in terms of its
revenues for the provision of postal services and foreign postal services
per billing period manifestly disproportionate.
(10) The Office shall promptly after the receipt of payments on account transferred cash resources
postal license holder to cover the net costs
established procedure under § 34b after deducting the amount of the payments referred to in paragraph 8.
(11) If the disbursement of funds from the account
based on incorrect or incomplete information postal license holder, this
postal license holder is obliged to improper use of financial resources
go back to the account within 15 days after the final decision of the Office
. At the same time postal license holder is obliged to pay
penalty of 1 per mille per day from improperly withdrawn funds,
however, up to that amount. Penalties is the income account.
(12) If, on the basis of incorrect or incomplete information
payer to establish a lower percentage of billing provides
Office on the basis of the corrected calculation of the percentage
obligation that taxpayers pay the difference between the originally stated the amount of the payment and the new payment obligation
payment order. Thus paid
amount will be used to cover the net costs calculated for the next
next billing period.
(13) In assessing, collecting and enforcing payment
Office proceeds according to the Tax Code.
(1) Postage stamps are issued and their term of validity
determined by the Ministry of Industry and Trade; the issuing of postage stamps
needs of the postal license holder. The issue, beginning and end of the validity of postage stamps
Ministry of Industry and Trade published in the Postal Bulletin.
(2) The postal license holder is obliged to cover the costs of issuing postage stamps
(3) Only postal license holder has the right to put stamps into circulation
(4) Existing stamps can be used as proof of payment of the price
postal service, postal license holder, if the postal contract
(5) Upon termination of a postage stamp has its holder the right to
whoever postage stamp into circulation, he changed it to be valid, or
order it from him she repurchase. This right expires after
one year from the date of expiry of the stamp.
(6) Rights and obligations under paragraphs 2-5 of the holder of postal
licensee whose license includes postal obligation to provide basic
Service under § 3 para. 1 point. a) throughout the Czech Republic or
its largest part in the event that the basic service is included in more
postal licenses. If there is no obligation to provide basic
service under § 3 para. 1 point. a) stored rights and obligations under
paragraphs 2-5, the operator, which had as a holder of a postal license
Public administration and regulation
Government in the field of postal services
Industry and Trade Ministry performs state administration in
postal services, with the exception of matters entrusted by this Act Office.
(1) Authority under this Act
A) performs analysis of the general availability of basic services and
reviewing the necessity of imposing an obligation to provide and ensure the basic
B) keep records of operators and grants designated operator which has
obligation to provide and deliver basic services, postal license
C) establishes the net costs of providing and ensuring basic services
decides on the obligation to repay the funds illegally
drawn to cover the net costs and decides whether the net costs
represents a postal license holder an unfair financial
D) issue a decision on the price of basic services and exercise control prices
postal services including postal services abroad, and prices
access to postal infrastructure,
E) decide disputes, if so provided in this Act,
F) cooperates with EU institutions and with the regulatory authorities of the Member States of the European Union
with similar substantive scope
especially in the transmission and acquisition of data and information provided by law, the decisions
issued under the Act or the acts of the European
Union and perform other tasks for the regulation of postal services resulting from
Czech Republic's membership in the European Union
G) define, collect and recover fees,
H) exercise control over the postal service
I) carries out the state statistical service, including data collection, in
postal services and foreign postal services,
J) imposed, collected and exacted fines for breach of the obligations set out in this Act
K) issues implementing legislation in the field of postal services in
extent authorized by this Act,
L) is executory administrative body for the enforcement of obligations set
this Act or stored ex officio on the basis
M) decide on changes to postal conditions pursuant to § 6 par. 4
N) to establish, collect and enforce payment on account for financing basic
(2) Council Office review in accordance with § 37 para. 4, decided in proceedings in the matter
postal license pursuant to § 22, 23, 24 and 25 and makes decisions on individual
cost of basic services in accordance with § 34a . The decision of the Council
Office is not subject to appeal.
(3) The President of the Council Office in the first instance decision in the proceedings on the amount and
cover the net cost of providing basic services and ensuring
according to § 34b and in disputes over access to postal infrastructure under § 34
(4) If this law, that the case decided by the Office, the Office of the statute
^ 25) provide that in the first instance decision of the Office of the President of the Council
except pursuant to paragraph 2.
(5) An appeal or appeals against decisions of the Office, which in the first instance did not issue
Office of President of the Council, the President decides with the Council Office
except pursuant to paragraph 2.
(6) If, in the first instance decision issued by the Office of President of the Council, when
decision about the appeal shall not vote.
(1) The Authority shall ensure that operators fulfill their obligations under this Act
(2) Acts of supervision are carried
A) carrying out checks ^ 26); mandates the inspection may take the form
certificate, the model for the implementing legislation,
B) the lessons learned in any other way.
(3) The Authority further
A) give an opinion on disputes concerning the provision and ensuring
postal services was asked if the resolution of the dispute
B) at least annually appropriate publicity, including publication in
Postal Bulletin, a summary report on the fulfillment of the obligations imposed
Postal license holder by this Act,
C) take any other action in the interests of providing and ensuring
D) reservations decides whether the case of certain services is a
postal service, on request or on its own initiative.
(4) The Office shall regularly review the level of quality and method of provision and
provision of basic services and their general availability throughout
territory of the Czech Republic by basic quality requirements;
review in case the general availability of service delivery monetary amount postal order
Authority takes account of similar services in the area
payments, which are not postal services.
Office also regularly reviews the obligation to provide a postal license holder and
provide basic services. Based on the outcome of the review, and after
consultation with stakeholders in accordance with paragraph 5 of the Office may initiate a tender
according to § 22 paragraph. 2 or the management of change
postal license pursuant to § 23 or publish in the Postal Bulletin communication on immunity
obligation to provide and secure some of the basic services.
The review under the second sentence must be completed within 6
calendar months prior to the expiry of the postal license.
(5) The Authority shall consult pursuant to paragraph 4
A) the scope of basic services that will be subject to imposition or
imposing an obligation to provide and deliver basic services, and the territory
which will impose or imposing an obligation to provide and ensure the essential services relate
, || |
B) justified the intention of the Office of the obligation to provide a secure single essential service
First not to impose, because the provision in question basic services throughout the country
or part of ensuring comparable conditions
requirements for the provision of basic services hereunder without
it was necessary to impose it,
Second save, since the provision of basic services in question throughout the territory
country or part thereof is provided under conditions comparable
requirements for the provision of basic services under this Act.
(6) The consultation with the Office shall publish in the Postal Bulletin.
(1) A legal or natural person commits an administrative offense
A) violates any of the obligations pursuant to § 16 para. 1
B) assessing the content of the mail in contravention of § 16 para. 5
C) operates in the field of postal services without authorization or in violation
general business conditions pursuant to § 17
D) provides postal service or a foreign postal service
without authorization under § 18 par. 1
E) does not fulfill the obligation under § 18 par. 5 or 6, or
F) operates the service delivery monetary amount postal order without
postal license in contravention of § 20.
(2) The operator commits an administrative offense by
A) not disclose postal conditions under § 4 para. 1
B) closes postal contract under § 4 para. 2
C) conflict with § 6 para. 4 does not perform within the period specified by changing postal
D) disclosing information about changing postal terms according to § 6 para. 3,
E) treats post or remittance of money in
contrary to § 7 para. 1
F) opens or views the mailer contrary to § 8 paragraph. 1, 2 and 4
G) informs about opening the mail for delivery addressee or the sender
when returning postal items pursuant to § 8. 3,
H) sells a postcard in conflict with § 9. 1 and 2
I) issued net proceeds pursuant to § 9. 3,
J) destroys postcard in conflict with § 10
K) does not pay a sum of money remitted in violation of § 11,
L) in contravention of § 16 para. 7, issued postal mail or disables
other measures affecting the mailpiece
M) fails to fulfill the obligation pursuant to § 18 par. 4
N) fails to comply with the notification obligation pursuant § 32a
O) fails to comply with any of the obligations pursuant to § 32b Sec. 1 and 2, or
P) fails to perform according to § 34 paragraph. 10th
(3) The postal license holder commits an administrative offense by
A) violates the postal obligation pursuant to § 33 para. 1 point. a)
B) provides postal services in contravention of § 33 para. 1 point. b)
C) violates any of the obligations pursuant to § 33 para. 4
D) violates any of the obligations pursuant to § 33 para. 5, 7, 8 or 9,
E) fails to comply with any of the obligations under § 33a,
F) violates any of the obligations pursuant to § 34 par. 7 or 8, or
G) provides essential services, which are contained in its postal license
contrary to the decision on price pursuant to § 34a paragraph. 2nd
(4) An administrative offense shall be fined up
A) 10,000,000 CZK, for an administrative offense under paragraph 1. c) d)
f), or pursuant to paragraph 2. o), or pursuant to paragraph 3.
B) 2,000,000 CZK, for an administrative offense under paragraph 1. a) or b
), or pursuant to paragraph 2. f) or l), or pursuant to paragraph 3.
A), c), d), f) or g)
C) 1,000,000 CZK, for an administrative offense under paragraph 1. e)
or pursuant to paragraph 2. b) e) i), k), m) or n), or pursuant to paragraph 3
. b) or
D) 500,000 CZK, for an administrative tort pursuant to paragraph 2. a), c)
d), g), h), j) or p).
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, particularly to the extent of such behavior and its consequences.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .
(4) Administrative offenses under § 37a discusses Office.
(5) The liability for conduct that occurred in entrepreneurial
physical persons-14b), the provisions of the Act on liability and sanctions
(6) Penalties are levied by the Office. Revenue from fines is the income of the state budget
(1) A person who commits an offense that
A) destroyed, damaged, dirty, or remove or relocate
ark intended to mail submission or delivery, or
B) as the sender endanger people's health by passing
operators to provide postal services postal mail,
First whose content is the postal conditions considered dangerous,
without complying with the obligatory special treatment by postal
conditions or other requirements required by the postal terms or
Second the contents of the postal terms are not allowed, or
C) a person acting on behalf of a holder of the post
secret breaching secrecy under § 16 para. 1 to 3
(2) An offense under subsection 1. a) can be fined up to 10
000 CZK for a misdemeanor pursuant to paragraph 1. b) or c)
fined up to CZK 20 000.
, EMPOWERING, TRANSITIONAL PROVISIONS AND REVOCATION
(1) The activity of the Ministry of Trade and Industry in accordance with § 35 and the activities
Office pursuant to § 37 par. 3 point. a) c) of the Administrative Procedure ^ 15) does not apply.
(2) the obligations imposed by the postal license holder
decision according to § 22 paragraph. 6 or 9 or § 34 para. 3
be enforced by the imposition of coercive fines up to a total amount of 10 million CZK.
Legal relationships for the provision of postal services that are not regulated
in § 4-15 of this Act shall be governed by the Civil Code.
Authority issued under this Act Post Journal, which is publishing
collection of postal services. Post Office publishes the Journal
manner allowing remote access.
(1) The Office shall issue a decree to implement § 3 para. 3, § 18 par. 1, § 32b
paragraph. 3, § 33 para. 4 point. e) § 33a paragraph. 2 and § 34b paragraph. 7th
(2) The Government shall issue a regulation to implement § 3 para. 2 point. and).
(3) The Ministry of Industry and Trade will issue a decree to implement § 37 paragraph
. 2 point. and).
(1) The legal relations in the mail, which was filed with
Czech Post, state enterprise, before the effective date of this Act shall apply
existing legislation. ^ 16)
(2) The operator of postal services is obliged to ask
within one year from the effectivity of this Act the Ministry for approval to
operate postal services. Until the approval, the operator
Postal service considers the postal service, which
consent has been granted under this Act. If the operator does not request
postal service within the deadline for consent or unless
his ministry approval is granted, the existing permit under a special legal regulation
(3) The Czech Post, state enterprise, is considered the end of the calendar year 2003
consent holder and postal license under this Act.
(4) The Ministry shall post the commitment of the Czech Post, state enterprise
(5) If a special legal regulation issued before the effective date of this Act
used the term "post" within the meaning of § 4 para. 1 of Law no. 222/1946
Coll., On the Post (Postal Act ), this means a postal license holder.
First Act no. 222/1946 Coll., on the Post (Postal Act), as amended by Act no. 86/1950 Coll
. and Act no. 88/1950 Coll.
Second Government Decree no. 240/1949 Coll., implementing the Postal Act,
Third Decree no. 135/1980 Coll., issuing the order
mail news service
Fourth Decree no. 78/1989 Coll., on the rights and obligations of the post and its
users (mail order), as amended by Decree no. 59/1991 Coll.
Amendment to the Act on Offences
Act no. 200/1990 Coll., On misdemeanors, as amended by Act no. 337/1992 Coll.
Act no. 344/1992 Coll., Act no. 359/1992 Coll., Act. 67/1993 Coll.
Act no. 290/1993 Coll., Act no. 134/1994 Coll., Act no. 82/1995 Coll.
Act no. 237/1995 Coll., Act No. . 279/1995 Coll., Act no. 289/1995 Coll.
Act no. 112/1998 Coll. and Act no. 168/1999 Coll., is amended as follows:
§ 36 including the title reads:
offenses in the field of postal services and telecommunications
(1) A misdemeanor is committed by those who
a) damages, pollutes or illegally removed or move
b) as the sender if it breaches a contract postal administration
postal packages containing dangerous thing, without complying with the mandatory
|| | c) as the sender violates the ban on live animal placement to post
d) illegally connected to a telecommunications network or other device
administration Communications or them illegally intervenes
| || e) violates the generally binding regulation of the possession and operation of broadcast
radio stations and other telecommunications equipment,
f) intentionally interferes with the reception of radio, television or other signals.
(2 ) An offense under paragraph 1 may be fined up to CZK 20,000
; prohibition of business within one year may be imposed for a misdemeanor pursuant to paragraph 1
. e). ".
Changing the law on prices
In § 1 para. 4 of the Act no. 526/1990 Coll., On prices, as amended by Act no. 135/1994 Coll
. and Act no. 151/1997 Coll., the comma after the word "cost"
replaced by the word "and" and the words "and the tariffs for international transport and communications" with
Amendment of Criminal Procedure
Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
Act no. 57/1965 Coll., Act no. 58/1969 Coll., Act no. 149/1969
Coll., Act no. 48/1973 Coll., Act no. 29/1978 Coll., Act no. 43/1980
Coll., Act no. 159/1989 Coll., Law no. 178 / 1990 Coll., Act no. 303/1990
Coll., Act no. 558/1991 Coll., Act no. 25/1993 Coll., Act no. 115/1993 Coll
., Law no. 292 / 1993 Coll., Act no. 154/1994 Coll., the Constitutional court
no. 214/1994 Coll., the Constitutional court judgment no. 8/1995 Coll., Act no. 152/1995 Coll
. Act no. 150/1997 Coll., Act no. 209/1997 Coll., Act no.
148/1998 Coll., Act no. 166/1998 Coll. and Act no. 191/1999 Coll., is amended as follows
First In § 60 par. 4 point. a) the words "due to the post office and addressed to"
replaced by "submitted by postal mail addressed".
Second In § 62 paragraph. 1, the word "mail" is replaced by "a post
Third In § 86 par. 1, "telegrams, letters or other consignments"
replaced by "of mail, telegrams or other consignments" and
word "mail" is replaced by "postal operator".
Fourth In § 86 par. 2, second sentence, the word "mail" is replaced
Fifth In § 87 par. 3 of the word "mail" is replaced by "operator
Canceled PART SEVEN
Canceled PART EIGHT
Changing the law on the social security insurance and state employment policy
Act no. 589/1992 Coll., On premiums for social security and contribution
state employment policy, as amended by Act no. 10/1993 Coll.
Act no. 160/1993 Coll. Act no. 307/1993 Coll., Act no. 42/1994 Coll.
Act no. 241/1994 Coll., Act no. 59/1995 Coll., Act no. 118/1995 Coll., || | Act no. 149/1995 Coll., Act no. 160/1995 Coll., Act no. 113/1997 Coll.
Act no. 134/1997 Coll., Act no. 306/1997 Coll. and Act no. 18/2000 Coll., is amended as follows
First In § 19 para. 1, letter b) reads:
"B) in cash through a bank or a postal license holder
to the appropriate account under point a).".
Second In § 19 paragraph 3 reads:
"(3) The Bank is required to credit a payment to the account
Social Security Administration (§ 9 and 10) at the latest
next business day after the payment was debited from the payer's account or when it was in || | the account of the social security administration in cash received by the bank.
If the account is the social security administration maintained at another bank account than
principal of which is amortized payment or if payment was received in cash
another bank, the bank that the payment takes place
obliged to transfer the amount reimbursed to the bank at which the account is maintained
social security administration, at the same time as in the preceding sentence. Bank where
account is managed social security administration , credited in his favor
thus transferred payment no later than the next business day
after these monetary assets acquired right of disposition. If
cash payment received postal license holder is obliged to hand over it to make
transfer bank that maintains his account within two
working days of receipt of payment. In the event that these deadlines
banks and postal license holder liable to pay the Social Security
interest at the discount rate of the Czech National Bank valid on
first day of the calendar quarter in which it had paid the amount transferred.
Bank where the account is maintained Social Security Administration is required to disclose
Social Security Administration, a day when there was a write-off payments of principal or
account to accept payment in cash in the bank.
Postal license holder is obligated to provide, directly or through participating banks
Social Security Administration, the day he accepted cash
and the payment in cash, to the bank that maintains his account. ".
3 . In § 23 para. 4, the words "administration handed over the postal services'
replace the words" a postal item containing the submissions. "
PART NINE § 51
Changing the law on premiums for general health insurance
Act no. 592/1992 Coll., on premiums for general health insurance, as amended
Act no. 10/1993 Coll., Act no. 15/1993 Coll., Act no. 161/1993
Coll., Act no. 324/1993 Coll., Act no. 42/1994 Coll., Act no. 241/1994 Coll
., Law no. 59 / 1995 Coll., Act no. 149/1996 Coll., Act no. 48/1997
Coll., and Act no. 127/1998 Coll., is amended as follows:
first in § 17 . 1, letter b) reads:
"b) in cash through a bank or a postal license holder
to the appropriate account under point a).".
second in § 17 paragraph 3 reads:
"(3) the Bank is required to credit a payment to the account of the health insurance
always by the next working day after the
payment from the payer account is debited or ever was in the account || | health insurance in cash received by the bank. If the account
health insurance maintained at another bank account than the principal of which is
amortized payment or if payment was received in cash
another bank, the bank that payment is carried out, is obligated to maintain himself || | amount the bank for the account of the health insurance company,
in the same period as in the previous sentence. The bank at which the account is maintained
health insurance, credited in his favor thus converted
payment no later than the next business day after these monetary assets acquired
entitled. If the cash payment received
holder of a postal license is required to forward it to perform the conversion bank that maintains
his account within two working days of receipt of payment. IN
Failure to comply with these deadlines are banks and postal license holder
required to pay health insurance interest at the discount rate
Czech National Bank valid on the first day of the calendar quarter in which they
amount paid to convert. The bank at which the account is maintained
health insurance company is obliged to inform the health insurer day, when the
debiting payments from the account of the payer or to accept payment in cash in the bank
. Postal license holder is obligated to provide, directly or through participating banks
health insurer day he received
cash and the payment in cash, to the bank that maintains his account. ". PART TEN
Changing the law on the organization and implementation of social security
Act no. 582/1991 Coll., on organization and implementation of social security,
amended by Law no. 590 / 1992 Coll., Act no. 37/1993 Coll., Act no. 160/1993 Coll
., Act no. 307/1993 Coll., Act no. 241/1994 Coll., Act.
118/1995 Coll., Act no. 160/1995 Coll., Act no. 134/1997 Coll., Act no. 306/1997 Coll
., Act no. 93/1998 Coll., Law no. 225 / 1999 Coll., and Act no.
18/2000 Coll., is amended as follows:
first under § 116a is inserted § 116b, which including footnote no.
73) reads :
Payment of pension benefits in cash conveys
holder postal license. Reward postal license holder for mediation
payment of benefits is determined by price regulations. ^ 73)
73) Act no. 526/1990 Coll., On prices, as amended.
Decree no. 580/1990 Coll., Which implements Act no. 526/1990 Coll., On
prices, as amended. ".
Second in § 120a words "postal services" is replaced by "was made
postal item containing the submissions."
PART ELEVEN canceled
§ 53 canceled
PART TWELVE canceled
canceled PART THIRTEEN
amendment to Act on veterinary care and amending certain related laws
Act no. 166/1999 Coll., on veterinary care and amending certain
related laws, as follows:
1. In § 28 para. 4 point.), the word "mail" is replaced
second in § 34 para. 1, the word "mail" is replaced by "
operator of postal services. "
third in § 34 para. 2, the word" post "is replaced by" operator
postal service. "
fourth in § 36 para . 4 the word "mail" is replaced by "operator
postal service." PART FOURTEEN
Changing Bills of Exchange and Cheques
Bill and check law no. 191/1950 Coll. as follows:
First In Art. I, § 45 para. 5, the second sentence is replaced by the following sentence: "The deadline is met
if it was during the period of a postal item containing
Second In Art. II § 42 para. 5, the second sentence is replaced by the following sentence: "The deadline is met
if it was during the period of a postal item containing
Canceled PART SIXTEEN
Change Trade Act
Act no. 455/1991 Coll., On Trades (Trade Act)
amended by Act no. 231/1992 Coll., Act no. 591/1992 Coll., Act no. 600
/ 1992 Coll., Act no. 273/1993 Coll., Act no. 303/1993 Coll., Act no.
38/1994 Coll., Act no. 42/1994 Coll., Act no. 136/1994 Coll., Act no.
200/1994 Coll., Act no. 237/1995 Coll., Act no. 286/1995 Coll., Act no.
94/1996 Coll., Act no. 95 / 1996 Coll., Act no. 147/1996 Coll., Act no.
19/1997 Coll., Act no. 49/1997 Coll., Act no. 61/1997 Coll., Act no. 79
/ 1997 Coll., Act no. 217/1997 Coll., Act no. 280/1997 Coll., Act no.
15/1998 Coll., Act no. 83/1998 Coll., Act no. 157/1998 Coll., Act no.
167/1998 Coll., Act no. 159/1999 Coll., Act no. 356/1999 Coll., Act no. 358/1999 Coll
., Law no. 360 / 1999 Coll., Act no. 363/1999 Coll. and Act No.
. 27/2000 Coll., Is amended as follows:
Annex no. 2 Regulated trades within a group of 214 "Other" adds a new branch
"Operation postal service
The license Consent according to § 17 of the Act no. 29/2000 Coll., On postal services and
amending some laws (Act on Postal Services) . '.
Canceled PART EIGHTEEN
This Act comes into force on 1 July 2000.
Selected provisions of amendments
Article II of Act no. 95/2005.
First Until the publication of essential services under § 19 para. 2 of the
postal services, but not later than three months from the effective date
this Act shall be construed as essential services postal services under
Decree no. 286 / 2004 Sb., establishing postal
terms of basic services and basic quality requirements of ensuring
postal license holder (Decree on basic services
holder postal license), and foreign postal services whose provision is || | international commitment of the Czech Republic.
Second Until the approval of the postal terms of postal services,
covered by the Universal Service Obligation Authority, but no later than three months
effective date of this Act, the postal conditions pursuant to §
33 paragraph. 1 point. b) Law on Postal Services postal
consider the conditions that are in accordance with Decree no. 286/2004 Coll.
Third Until the basic quality requirements of the Authority, the longest
within 3 months from the effective date of this Act, the basic
quality requirements according to § 33 para. 1 point. a) the law on postal services
consider the basic requirements of quality in the provision of basic services
Part III of Decree no. 286/2004 Coll.
Fourth Pending the decision of the Office pursuant to § 33 para. 5 of the law on postal services
remain valid decision of the Ministry of Information
made pursuant to § 34 par. 3 of the Law on postal services in the existing wording
Fifth Postal license and special postal license granted under previous legislation
remain in force.
6th Administrative proceedings on consent, which was initiated prior to the date
commencement of this Act and which has not yet been completed, and the bottom
entry into force of this Act stops.
7th Other administrative procedures under the previous legislation, which was
commenced before the effective date of this Act and which has not yet been completed
Art. II Act no. 221/2012 Coll.
First Postal operator (hereinafter "operator"), which is
authorized to provide postal services under the Act no. 29/2000 Coll.,
Effective on the effective date of this Act is obliged to end
the third calendar month following the calendar month in
which came into effect this Act, deliver
Czech telecommunications Office (hereinafter "the Act"), notice business pursuant to § 18 of Act no. 29/2000 Coll
., as amended, effective from the date of entry into force of this Act.
Trade license to operate postal and foreign postal services
according to law no. 29/2000 Coll., As amended
effective on the effective date of this Act, shall expire on the date when the person on his
based business, delivered a notification of the Office business pursuant to § 18 of Law no.
29/2000 Coll., as amended, effective from the date of entry into force of this Act
no later than the deadline laid down in the first sentence;
this notice is not subject to an administrative fee.
Second Postal license holder is the effective date of this Act
31 December 2017 Czech Post or its legal successor,
which is on the whole territory of the Czech Republic is obliged to provide and ensure
basic services under § 3 Law no. 29/2000 Coll., as amended, effective
date of entry into force of this Act, in accordance with the postal license under Section 3
Third The Office granted postal license to the person referred to in point 2 to 60 days after the date of
entry into force of this Act. Participant in the proceedings on granting the postal license
only person referred to in paragraph 2. The Office in this post
license provides all essential services under § 3 of Law no. 29/2000 Coll., As amended
effective date of acquisition of this Act. This post
license can possibly be changed in accordance with § 23 of Act no. 29/2000 Coll., As amended
effective from the date of entry into force of this Act, the earliest date on
first January 2016.
Fourth If specific legislation to ensure
activities other than the provision of postal services provides for a compulsory person
holder postal license, understood her Czech Post or its
Fifth The operator is obliged to reconcile the postal terms according to § 6
Act no. 29/2000 Coll., As amended, effective from the date of entry into force of this Act
, within 60 days after the effective date of this Act.
6th The operator is obliged to keep separate records of revenues and earnings
according to § 32b of the Act no. 29/2000 Coll., As amended, effective from the date of entry into force of this Act
, from 1 July 2013.
7th Postal license holder is obliged to keep separate records of costs and revenues
according to § 33a of Act no. 29/2000 Coll., As amended, effective from the date of
entry into force of this Act from 1 July 2013.
8th Postal license holder is obliged to comply with the obligations imposed on him
decisions issued by the Office pursuant to § 33 par. 5 of Law no. 29/2000 Coll., As amended
effective date of this Act, and until || | apply than the manner of keeping separate records of costs and revenues in point
9th The Office shall determine any net cost for the period from the date of entry into force of this Act
end of 2013 according to § 34b par. 4 Act No.
. 29/2000 Coll., As amended, effective from the date of entry into force of this Act
, and the percentage and amount of payment of individual operators
according to § 34c paragraph. 7 and 8 of the Act no. 29/2000 Coll., As amended, effective
date of entry into force of this Act, as follows:
A) the effective date of this Act until June 30, 2013, on the basis of information obtained
according to § 32a of Act no. 29/2000 Coll., As amended, effective
effective date of this Act, and by item 8
B) from 1 July 2013 to 31 December 2013 on the basis of information
in paragraphs 6 and 7.
10th Pricing decisions issued by the Authority and the Ministry of Finance under
Act no. 29/2000 Coll., As amended effective on the effective date of this Act
, the effective date of this Act repealed.
11th Proceedings commenced but not completed before the effective date of this Act
completes the administrative authorities that the proceedings initiated under the previous
1) Directive of the European Parliament and Council Directive 97/67 / EC of 15 December
1997 on common rules for the development of the internal market for postal
services and the improvement of quality of service.
Directive of the European Parliament and Council Directive 2002/39 / EC of 10 June
2002 amending Directive 97/67 / EC with regard to the further opening
Community postal services to competition.
Directive of the European Parliament and Council Directive 2008/6 / EC of 20 February 2008
amending Directive 97/67 / EC with regard to the full accomplishment of the internal market for postal services
2) For example, § 86 to 87a of the Act no. 141/1961 Coll., On Criminal Procedure
(Criminal Procedure Code), as amended, Act no. 13/1993
Coll., The Customs Act , as amended.
3) Act no. 526/1990 Coll., On prices, as amended.
3) For example, § 86 to 87a of the Act no. 141/1961 Coll., On Criminal Procedure
(Criminal Procedure Code), as amended by Act no. 152/1995 Coll., Act.
29 / 2000 Sb. and Act no. 265/2001 Coll., § 7-12 of the Act no. 154/1994 Coll.
the Security Information Service, as amended by Act no. 290/2005 Coll., § 8 to 12 of the Act
no. 289/2005 Coll., on Military intelligence, law no.
13/1993 Coll., Customs Act, as amended.
3b) For example Act no. 246/1992 Coll., On protection of animals against cruelty, as amended
4) For example, Article. 27 paragraph. 2 and 3 of Decree no. 157/1964 Coll., On
Vienna Convention on Diplomatic Relations.
5) For example Act no. 148/1998 Coll., On protection of classified information and
amendments to certain laws as amended by Act no. 164/1999 Coll.
6) Article. 13 of the Charter of Fundamental Rights and Freedoms.
9a) For example, § 7-12 of the Act no. 154/1994 Coll., § 11-16 of the Act no.
67/1992 Coll., As amended by Act no. 153/1994 Coll. and Act no. 88/1995 Coll.
10) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.
11) For example Act no. 252/1994 Coll., On radio and television
fees, as amended by Act no. 135/1997 Coll.
12) For example, commitments under the Universal Postal Convention and its
Final Protocol of the Postal Payment Services Order
correspondence and its Final Report, the Parcel Post Regulations
And its Final Report, the Regulations of the Postal Payment Services Agreement and its
13) Constitutional Act no. 110/1998 Coll., On the Czech Republic's security.
14) Act no. 13/1997 Coll., On the road.
14b) § 2 para. 2 of the Commercial Code.
14c) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
15) Act no. 71/1967 Coll., On administrative proceedings (Administrative Code).
16) Act no. 222/1946 Coll., On the Post (Postal Act), as amended by Act no. 86/1950 Coll
. and Act no. 88/1950 Coll.
Government Regulation no. 240/1949 Coll., Implementing the Postal Act.
Decree no. 78/1989 Coll., On the rights and obligations of the post and its
users (mail order), as amended by Decree no. 59/1991 Coll.
17) Act no. 634/1992 Coll., On consumer protection, as amended
18) Act no. 269/1994 Coll., On Criminal Records, as amended
19) Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.
20) Act no. 634/2004 Coll., On administrative fees, as amended
21) Act no. 111/2009 Coll., On basic registers, as amended
22), § 27 et seq. Commercial Code.
23) Act no. 133/2000 Coll., On register of population and birth certificate numbers and
amended (the Population Register Act), as amended
24) § 158 of Act no. 326/1999 Coll., On the stay of foreigners in the Czech Republic
and amending certain laws, as amended by Act no. 274/2008 Coll.
Law no. 227 / 2009 Coll., Act no. 424/2010 Coll. and Act no. 427/2010 Coll.
25) § 107 par. 8 of the Act no. 127/2005 Coll., On electronic communications
and amending certain related laws (the Electronic Communications