Amendment Of The Act On Postal Services And Change The Options. Other Laws

Original Language Title: změna zákona o poštovních službách a změna někt. dalších zákonů

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221/2012 Sb.



LAW



of 5 December. June 2012,



amending Law No 29/2000 Coll. on postal services and amending

Some laws (the law on postal services), as amended

regulations, and some other laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on postal services



Article. (I)



Act No. 29/2000 Coll. on postal services and on amendments to certain laws

(the law on postal services), as amended by law No. 517/2002 Coll., Act

No 225/2003 Coll., Act No. 501/2004 Coll., Act No. 95/2005 Coll., Act

No 413/2005 Coll., Act No. 444/2005 Coll., Act No. 264/2006 Coll., Act

No 110/2007 Coll., Act No. 41/2009 Coll., Act No. 281/2009 Coll., Act

No 285/2009 Coll., Act No. 153/2010 Coll. and Act No. 329/2011 Coll.,

amended as follows:



1. § 1, including title and footnote No 1 is added:



"section 1



The subject of the edit



(1) this law incorporates the relevant provisions of the European Union ^ 1) and

modifies the conditions for doing business in the area of postal services, the conditions

for the provision and operation of the postal services, rights and obligations,

that arise during this activity, as well as special rights and special

the obligations of the postal operators, who have an obligation to

provide and ensure essential services, and the performance of State administration and

Regulation in the field of postal services.



(2) the postal service, the activity carried out by the postal contract and for

the conditions laid down in this law. The postal service normally includes

postal filing, sorting and transport of postal items through

the postal network and is carried out for the purpose of delivery of postal items

recipients. For the postal service and delivery of the remitted money

the amounts.



(3) the postal service is not:



and the) transport of postal items, if it is exercised by the person to

at the same time those consignments did not carry postal filing, sorting or

delivery,



(b) service similar to the mail service), which is administered by the sender

or related person.



1) European Parliament and Council Directive 97/67/EC of 15 December 1997. December

1997 on common rules for the development of the internal market for postal

Community services and increase the quality of services.



Directive of the European Parliament and of the Council 2002/39/EC of 10 June 1999. June

2002 amending Directive 97/67/EC with regard to the further opening of the

competition of Community postal services.



European Parliament and Council Directive 2008/6/EC of 20 July 1998. February 2008,

amending Directive 97/67/EC with regard to the full accomplishment of the internal

market of Community postal services. ".



2. In article 2 letter a) is added:



"and the post direct consignment) in the final form in which it is to be

delivered to the operator; postal item means even mailing a package ".



3. In article 2, subparagraph (c) at the end of the text), the words "or to ensure

foreign postal services ".



4. In section 2 of the letter i) is added:



"even foreign mail service), which has been agreed

abroad and whose purpose is the delivery of the postal items or cash

the amounts in the Czech Republic and which falls within the area of postal services in

the stage, which is provided by the operator on the territory of the Czech Republic, ".



5. In section 2, at the end of the letter m), the dot is replaced by a comma and the following

the letter n), which read:



"n) postal network system of organization activities and technological elements,

technical equipment, network, or specific services

the operator, which it uses to ensure the provision of postal

services. ".



6. In section 2, at the end of the letter n) dot is replaced by a comma and the following

the letter o), which read:



"about the express courier service) means a service that is outside of the greater

the speed and reliability of collection and delivery of postal items characterized by

the provision of services with these characters, or some of them: the guarantee of delivery

to date, the collection of consignments from the default location, transmission to the addressee

into their own hands, the possibility of a change of destination and addressee in

the shipment confirmation to sender taking consignments, inspection and

tracking of sent mail, personal customer service and the provision of

service according to the requirements of the customer, if required. ".



7. § 3, including the title:



"section 3



Basic services



(1) Basic services include



and) service delivery of postal items up to 2 kg,



(b) delivery service) postal packages up to 10 kg,



(c) service delivery) sum of the post instruction



(d) the delivery of the registered mail service), which means the service

providing a guarantee of compensation for damage in case of a flat rate of loss,

theft or damage and supplying the sender mail

evidence of the postal administration postal items and, where appropriate, at the request

proof of its delivery to the addressee,



(e) the delivery of the Security Service), which means the service that provides

the guarantee compensation in case of loss, theft or damage

mail, and it's up to the value declared by the sender mailbox

the consignment,



(f)) not service delivery of postal items to 7 kg for the blind

of the person,



g) services that must be provided on the basis of obligations arising from the

the Czech Republic's membership in the Universal Postal Union.



(2) the essential services must be provided



and) permanently on throughout the territory of the Czech Republic,



(b)) of a specified quality, which is in accordance with the needs of the public,



(c)) at affordable prices that allow the use of the basic services in the scope of

corresponding to the normal need for persons,



d) each working day and must allow these days at least one

Postal Administration, and on at least one delivery to each address of a physical

or legal persons, or, in exceptional cases, in particular if the

instead of the delivery of the dangerous or unreasonably difficult to reach, that are

laid down by the implementing regulation referred to in paragraph 3, one delivery

in the appropriate containers, equipment or delivery



(e)) in a way that conforms to the requirements of the official service of documents

under special legislation.



(3) Implementing legislation provides for a detailed technical specification

each of the primary services, including postal packages and dimensions

other postal items and further provides in paragraph 2 way

the provision, and the provision of basic services to be implemented in the

quality, which is necessary in the public interest (hereinafter referred to as ' the basic

qualitative requirements "). The basic quality requirements ensure

in particular, the speed, reliability and periodicity of basic services,

a sufficient density of service points providing postal submissions,

as well as the necessary level of information for users about how to ensure

basic services ".



8. In section 4, paragraph 1 reads:



"(1) the operator is obliged to make available in each of its establishment and

It also means that allow remote access to the postal conditions. This

making the conclusion of the Treaty offers each mailing. ".



9. In section 4, paragraph 4. 2 the word "him" be deleted and the word "propose" is replaced by

the word "requires".



10. In section 4, paragraph 3:



"(3) the operator shall conclude a contract, the obligation of the postal

If its contents have also be derogations from the rights and obligations

that will be the content of the legal relationship arising from a

the Treaty or their replenishment. Such contract may mail

to conclude, if the operator is on such a possibility in the mail

the conditions claimed and if these deviations and additions will not change

the nature offered by the postal service. ".



11. In section 5 paragraph 1 reads:



"(1) a postal agreement with the operator undertakes to deliver to the sender

postal mail or the amount of money from the place of the postal administration

negotiated in the manner specified in the recipients address and sender

undertakes, if it is not agreed otherwise, the operators agreed to pay

the price. Postal contract is considered to be any contract, which

the subject is the provision of postal services. ".



12. In section 5 (3). 3, the words "pursuant to section 6 (1). 3 (b). (b)), and (c)) "shall be replaced by

the words "in accordance with section 6 (1). 2 (a). (c)), and (d)) ".



13. In section 6, paragraphs 2 to 4, including footnotes, No 17:



"(2) the postal terms and conditions must be clear, complete and easily accessible

way to include at least the



and the description provided by the postal service),



(b)) the way that you can close the mail contract,



(c) the adjustment of postal consignments), its dimensions and weight,



(d) provisions that specify which) the contents of the mail consignment is considered

dangerous or requires special handling, as well as mandatory special

adjustment of such consignments,



(e) provisions specifying illegal content) of postal items,



(f)) and the terms of delivery method,



(g)) the price of the postal service, its method of remuneration and the extent of the right of the sender

on her return, if the operator has violated the obligation arising from

postal contract



(h) the procedure for operators) the impossibility of delivery of postal items,



I) way to claim defects in provided postal services, including the

information about where and in what time limits apply to the complaint and the time limits for

its execution,
j) the procedure of the operator when you open mail, pursuant to section 8,



to the operator in the sale process) or destruction of mail or

its part in accordance with section 9 and 10, including the time limit, the date of expiry of such

management of consignment shall be conditional upon,



l) range of liability for damage under section 13 (3). 1,



m) limit the amount of damages under section 13 (3). 4,



n) enumeration of provisions which cannot be derogated from by agreement of the parties,



about) the conditions for sending mail or monetary amounts to the

abroad, if such a service it offers.



(3) the operator is obliged to at least 30 days before the entry into force of the amendments

publish information about the mailing conditions that change in each of their

establishment and in a manner enabling remote access.



(4) the Czech Telecommunications Office (hereinafter referred to as "the authority") will prompt the operator,

within a period of not less than 10 days has made a change of postal terms and conditions,

If they are in conflict with this law or its implementing legislation to

This law or in violation of the law containing the rules for the protection of

consumers, and because of the unfair trade practices or because of

discrimination against consumers ^ 17); in this case, paragraph 3 does not apply.

Failing to correct within the time limit fixed in the invitation, the Office will initiate the procedure for

the administrative tort.



17) Act No. 634/1992 Coll. on consumer protection, as amended

regulations. ".



14. In article 6, paragraph 5 shall be deleted.



15. under section 6, the following new section 6a, which including the title:



"§ 6a



Objections to the settlement of the complaint



(1) if the operator fails to comply with or have not dealt with a complaint of defects provided

the postal service is a sender or an addressee shall be entitled to submit to the Office

proceedings of the objections against the claim without

undue delay, but not later than within 1 month from the date of delivery of the

complaint or fruitless expiry of the deadline for her execution, otherwise

the right to assert an objection. The proposal is subject to an administrative

of the fee.



(2) if the parties do not conclude a conciliation or conciliation, this Office does not approve

The Office shall decide whether the complaint was handled properly or not. On

design of the Office shall decide in proceedings referred to in paragraph 1, the rights and obligations

the parties to proceedings arising from a contract or this Act.



(3) the authority is granted by the party, which had in the matter of full success,

reimbursement of the costs necessary to the efficient application of or defence of a right

against the party, which had success in the matter. If the participant

proceedings in only a partial success, the authority may recover the cost of relatively

split, or decide that none of the parties has

pay the costs of the right. Although he had a party in the case only

part, he may admit to full Office to pay the costs, if he had

failure in a fairly minor part or if the decision depended on the amount of

the performance of the studies report or to the discretion of the authority. The Office shall grant the refund

the costs in full to the participant in the event, that was for

the behavior of the other party to the proceedings taken back the proposal, which was a participant in the

filed. ".



16. In section 7 paragraph 2, including the footnote 3a shall be added:



"(2) other persons and institutions not listed in paragraph 1 may with the postal

poukázanou monetary amount or up to the time of its delivery

treat only if it is in accordance with your agreement or

If so, a separate legal regulation ^ 3a).



for example, section 3A) 86 to 87a of the Act No. 141/1961 Coll., on criminal proceedings

the Court (code of criminal procedure), as amended by Act No. 152/1995 Coll., Act No.

29/2000 Coll. and Act No. 265/2001 Coll., section 7 to 12 of Act No. 154/1994 Coll.

on the security information service, as amended by Act No. 290/2005 Coll., section 8

up to 12 of law no 289/2005 Coll. on Military Intelligence, law No.

13/1993 Coll., the Customs Act, as amended. ".



17. In article 15, paragraph 4, including the footnote 9 is deleted.



18. In section 16, the following paragraph 8 is added:



"(8) the provisions of paragraphs 1 to 7 shall apply mutatis mutandis to foreign

postal service. ".



19. sections 17 to 22, including headings and footnotes, no. 18 to 24 are added:



"§ 17



The conditions for doing business in the area of postal services



(1) in the area of postal services may, under the conditions laid down

This law of natural or legal persons that meet the General

the conditions for doing business under this Act.



(2) the general terms and conditions for doing business in the area of postal services

means



a) for natural persons, the age of at least 18 years of age and full capacity to

legal capacity,



(b)) the integrity,



(c)), the fact that the natural or legal person does not have records of taxes on

authorities the financial administration of the Czech Republic or by the customs administration of the Czech authorities

Republic recorded arrears with the exception of arrears, which is

enabled posečkání his payment or distribution of its payment on installments.



(3) For integrity, for the purposes of this Act shall not be the one who was

been sentenced



and for an intentional criminal offence) to nepodmíněnému imprisonment in

duration of at least 1 year,



(b)) for an intentional criminal offence had been committed in connection with the business,

not covered by the letter a), or



(c)) for an offence committed through negligence in connection with the business of the

the area of postal services,

If he does not look as if he has been convicted.



(4) in the case of a legal entity must be a condition of good repute in accordance with paragraph 3

meet the members of the statutory body.



(5) the integrity of the certifying statement of criminal records,

foreign persons according to § 18 paragraph documents. 3 (b). (b) the Office will require.)

extract from the criminal register under a special rule

code ^ 18). Request for the release of the statement from the criminal register and

extract from the criminal record shall be transmitted in electronic form, and it

in a manner enabling remote access.



(6) in the area of postal services cannot natural or legal

the person, on whose property was declared bankrupt, the date



and the sale of a business, the only Treaty) in the context of the liquidation of the estate

nature at the time of the time limit under special legislation ^ 19),



(b) the entry into force of the decision), in which the Court terminated the operation of

the enterprise or from the date specified in this decision as the day of their

the operation of the undertaking.



(7) in the area of postal services cannot natural or legal

a person, for a period of 3 years from the date of the entry into force of the decision on

the rejection of insolvency because of the debtor's assets will not be

sufficient to cover the costs of the insolvency proceedings. Business in the area

the postal service is not natural or legal person, and that after

period of 3 years from the date of entry into force of decision on annulment of bankruptcy

Therefore, the property of the debtor is totally insufficient to meet

the lenders. If the audition is cancelled for any other reason, an obstacle to doing business in

the area of postal services referred to in paragraph 6, there is no date

the decision about the cancellation of the bankruptcy.



section 18



Notice of business in the area of postal services



(1) Permission to do business in the area of postal services arises on the day

delivery of written notice to the business which meets the requirements referred to in

paragraphs 2 and 3, the Office, through the form (hereinafter referred to as

the "notice"), the model of the Office shall lay down the implementing legislation. The Office of the

publish the form also means that allow remote access.



(2) the notification shall contain the particulars referred to in section 37, paragraph. 2 of the administrative code and

further



and foreign natural persons) at the address of the place of residence outside the territory of the

The Czech Republic, the address of the place of stay in the Czech Republic, if the

is enabled, the address of the location of the organizational components at the territory of the Czech Republic,

If it is established; the address of the registered office of a foreign legal person and address

the location of the organizational components at the territory of the Czech Republic,



(b)) the enumeration of basic services or other postal services which it intends to

provide,



(c)) the territorial scope, on which it intends to provide postal services,



(d)) data on postal network, through which the mail should be

the services provided,



(e) the date envisaged for the commencement) of the provision of postal services.



(3) the notification referred to in paragraph 1 shall be accompanied



and) proof that the legal person has been established or established, if

registration in the commercial register has not yet been executed, or proof

the legal person is entered in the appropriate register, with the exception of the

commercial register, if the registration has already been executed; for foreign

legal persons of the extract from the commercial register or equivalent in

State of the document on the operation of the undertaking, and abroad; the proof of

operation of a business in a foreign legal person with its headquarters be retained,

the Central Administration or principal place of business in the

the Member State of the European Union; extract from the register shall not be older than 3

of the month



(b) foreign natural persons) for a listing of the foreign registration records or

equivalent document issued by the authority of the State of which he is a citizen, as well as

State where the last person in the last 3 years delayed

continuously for at least 6 months; If the State does not issue such documents,
then the Declaration of integrity made before the competent authority of such

State; These documents or statements must not be older than 3 months,



(c)) for natural persons, foreign residence document, if it

has been granted; a foreign physical person, which establishes in the Czech

Republic of organizational folder of the undertaking, the document proving that the undertaking has

outside the territory of the Czech Republic, and evidence of its operation; the proof of

business does a national of a Member State

The European Union,



(d) the competent tax authority) confirmation of compliance with the conditions provided for in § 17 of the

paragraph. 2 (a). (c)),



e) proof of payment of an administrative fee in accordance with a special legislative

code ^ 20).



(4) an operator who has fulfilled the obligation of notification referred to in paragraphs 2 and

3, is obliged to the Office in writing, without undue delay, to communicate the changes to the data and the

the documents, which are laid down for the notification of a business in the area

the postal service, and without undue delay, submit documents about them;

This does not apply, as regards the amendments already incorporated in the fundamental

^ registers 21), in the commercial register ^ 22) or in the information system

the registration of inhabitants ^ 23), if the operator is a citizen of the Czech

of the Republic, or in the information system of strangers ^ 24), if the

the operator of a stranger.



(5) Natural and legal person has ceased or suspended business

in the area of postal services, is obliged within 10 days from the date of

termination or interruption of business in the area of postal services, in writing,

notify the Office.



(6) Physical and legal person, which was interrupted by the business in the area

postal services referred to in paragraph 5, shall in the event of

starting a business in the area of postal services, in writing, notify the

the fact of the authority before the date of re-launching business.



§ 19



The certificate and registration of postal operators



(1) within 10 days from the date of receipt of the notification the Office shall issue to the person referred to in section 17

paragraph. 1 a certificate stating that the person has submitted a notification under

section 18, and at the same time it shall assign a registration number, if it has not yet been

allocated; the identification number will provide the Office of the administrator of the basic

the registry of legal persons, natural persons-entrepreneurs and authorities

the public authorities. If a notification does not meet the requirements referred to in section 18, paragraph. 2 and 3,

The Office shall promptly invite the interested person to its replenishment within a period of not less

than 14 days. If a notification does not meet the requirements, even after the expiry of this

the time limit, the Office shall decide, that business in the area of postal

services a reality.



(2) the certificate referred to in paragraph 1, the Office shall



and the following details:)



1. in the case of a natural person's name, or the names, first and last name, or the name of the

or business name, address of the place of residence and identification number

a person (hereinafter referred to as "identification number"); for foreign persons on the address

place of residence outside the territory of the Czech Republic, the address of the place of the Permanent

stay in the Czech Republic, was enabled,



2. in the case of a legal person, business name, address, identification number;

for foreign persons on the address of the location of the organizational components at the territory of the

The Czech Republic,



(b) the definition of the nature and spatial) range of postal services, the

the provision has been notified,



(c)) date of permission to do business in the area of postal services,



(d) the date and place of issue) certificates.



(3) the Office shall keep the register in electronic form operators

fulfil the obligation of notification according to § 18 paragraph. 1. the register shall include the

the information in the extent of the information referred to in paragraph 2, and is publicly

accessible in a manner enabling remote access.



(4) at the request of the operator, the authority shall issue a certificate concerning the communication of changes

the data reported in the range referred to in paragraph 2.



section 20



The operation of the service delivery of the amounts of money the postal reference



Operate the service delivery of the amounts of money the postal reference can only

the holder of the postal licence, whose postal licence expressly contains this

the service.



section 21



The postal license



(1) the content of postal license is the General obligation to ensure the

the availability of some or all of the basic services on the whole territory of the Czech

Republic or in a part thereof (hereinafter referred to as "the postal obligation") and the time

the validity of the postal licence.



(2) a holder of a postal license is the operator, which has an obligation to

provide and ensure basic services, which are contained in its

the postal license.



section 22



The grant of license mail



(1) the obligation to provide and ensure basic services throughout the territory of the

State or part of one or several operators of Office

stores by granting the postal licence on the basis of a selection procedure, so that the

all basic services universally available throughout the territory of the State, and

a maximum period of 5 years.



(2) invitations to tender the Office shall publish a notice on the notice board and in

The post journal. In the notice shall indicate the particulars of the request, the time limit for

the submission of applications, conditions of participation and the enumeration of basic services,

the requirements to quality and accessibility of basic services and the criteria

evaluation of the application.



(3) the Office shall lay down the criteria for the evaluation of applications. The criteria include, in particular,



and the) financial, technical and professional conditions for operators,



(b)) the amount of the net cost of the provision and the provision of basic services

in the required scope and quality.



(4) the request shall contain a method for calculating the annual net cost of the

the provision of basic services, which is in accordance with § 34b, and the amount of

the net cost in the breakdown for each of the calendar years for which

in order to be saved.



(5) the authority may require the applicant to submit the necessary documents,

which proves that it is capable of ensuring the provision of basic services

listed in the invitations to tender referred to in paragraph 2.



(6) the decision of the postal licence shall be granted to the operator, who has made

request within the time limit referred to in paragraph 2 satisfy the conditions of participation in the selection

management and best meet the criteria of evaluating applications.



(7) the report on the progress and outcome of the selection procedure and the decision of the

the granting of the license in accordance with paragraph 6 of the mailbox in the mail

journal.



(8) the authority may, if there are reasons worthy of special attention

in particular, a substantial change in circumstances, the renowned recruitment

Cancel and stop control, even after the time limit set for the submission of

applications. Decision terminating the proceedings, the Office shall notify to all operators,

who have already submitted a request and this decision shall publish a notice in the mail

journal.



(9) will not participate if the tendering procedure or any operator

If no operator selected for failure to comply with the conditions of participation or the

to fail the criteria evaluation of applications, the authority will save by decision of

the granting of licences to provide mail and provide the basic

services listed in the invitations to tender referred to in paragraph 2

the operator that best meets the criteria of the evaluation of the applications.



18) Law No. 269/1994 Coll., on criminal records, as amended

regulations.



19) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended.



20), Act No 634/2004 Coll., on administrative fees, as amended

regulations.



21) Law No 111/2009 Coll., on basic registers, as amended

regulations.



22 section 27 et seq.). of the commercial code.



23) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



24) section 158 of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech

Republic and amending certain laws, as amended by Act No. 274/2008 Coll.,

Act No. 227/2009 Coll., Act No. 424/2010 Coll. and Act No 427/2010

SB. ".



20. In article 23, paragraphs 2 to 7 shall be deleted and shall be deleted at the same time indication

of paragraph 1.



21. In the introductory part of the provisions of section 23, the words "on a proposal from the holder of the postal

license or "shall be deleted.



22. In section 23 (a). (b)), the words "European Community" ^ 1 ")" shall be replaced by

the words "European Union" ^ 1 ")".



23. In section 23 (c)):



"(c)) if it finds, on the basis of the review and consultation in accordance with section 37, paragraph. 4 and 5,

the provision of some basic services, which is included in the mailing

the licence is provided throughout the territory of the Czech Republic under the conditions

comparable with the requirements to ensure basic services concerned by

This Act. ".



24. In article 24, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



25. In section 25 (a). (b)), after the words "legal persons", the words "without

the legal successor of ", and at the end of subparagraph (b)), the word" or ".



26. In section 25 (a). (c)), the words "in accordance with section 24, paragraph. 1, or "shall be replaced by the words

"according to § 24.".



27. In article 25, point (d)) shall be deleted.



28. sections 26 to 31, including the headings are deleted.



29. In section 32, the words "the withdrawal of the postal licence", the words ",

including the rights and obligations deriving from it "and the words", the decision on the

the grant, amendment and withdrawal of special postal license and the communication of its

the demise of, basic quality requirements, as well as the mailing conditions with
which gave its assent, "shall be deleted.



30. In the first part of the title, in: "the rights and obligations of the OPERATOR

THE POSTAL SERVICE AND THE POSTAL LICENCE HOLDER ".



31. In title V, under the heading the following new section 32a and 32b, which including

the headings are added:



"section 32a



Information duty postal services



(1) an operator is required to provide a written request to the Office in

the prescribed time limit, the form and scope of the complete and correct information, including

the financial information and data and documents, which are necessary for the performance of

the activities for which it has under this Act, the scope of the Office. Part of the

the application of the Authority's justification for including an indication of the purpose for which the Office

information, data and documents it requires. The Office requires information, data and

handouts from the operators, also at the request of the European Commission. The Office of the

does not require more information than is proportionate to the purpose for which they are

obtained.



(2) the operator shall forward to the authority and the information, particulars and documents referred to in

paragraph 1, which contain personal data, the fact that they are

the subject of business secrets, or the facts that are the subject of

protection under a special legal regulation, ^ 3) ^ 14a).



(3) for the purposes of carrying out the duties under this Act, the Office carries out collection

information, and the operator is obliged to provide this information

through the software application on an electronic form,

unless otherwise provided in the form of the provision of information in the request referred to in paragraph 1

otherwise.



(4) the Office may perform control information, data and documents submitted by the

in accordance with paragraphs 1 to 3. The Office when checking in accordance with the Special

legal regulation.



(5) the information, documents and information submitted by the person liable in accordance with paragraphs

1 to 3 of the Office is obliged to protect from misuse.



§ 32b



Registration of revenues and income



(1) the operator, which is a separate legal entity under

Regulation, shall be shown in the chart of the schedule of the separate accounts for posting on the

revenue from activities associated with the provision of postal services and

foreign postal services and of other activities related to the

business activities so that it can be determined the percentage and amount of

payments under section 34 c of paragraph 1. 7 and 8. The operator, who is not an accountant

Unit under special legislation, is leading a separate registration

the revenue from these activities.



(2) the operator is required to submit the results of the Office's registration revenues and

revenue held pursuant to paragraph 1 to 30. June for the previous calendar

year. The authority is authorised to carry out checks according to the results of the Special

the law ^ 14a).



(3) Implementing legislation provides a way of keeping revenue and

the revenue referred to in paragraph 1 and the form for reporting the results by

paragraph (2) ".



32. In § 33 paragraph. 1 (a). (b)), the words ", with which the authority has expressed the consent"

shall be deleted.



33. In § 33 paragraph. 3, the words "pursuant to section 6 (1). 2 (a). and) "are replaced by

the words "in accordance with section 6 (1). 2 (a). (b) to (e))) ".



34. In § 33 paragraph 4 and 5 are added:



"(4) the holder of a postal license is obliged to



and) ensure to avoid the unjustified favoritism or

disadvantages of basic services, which are contained in its

the postal licence,



b) suitably to provide information on basic services, which are

included in its postal licence, and how their use,



(c)) to ensure a fast and effective consideration of the objections the user basic

services that are included in the postal licence; information on the number of

the opposition and the way their discharge shall be published in accordance with paragraph (e)),



(d)) to comply with the technical standards for the postal sector in accordance with binding

European Union legislation and to provide information about these standards and

make independent measurements of the transport time of mail and results

publish under (e)),



(e) publish annually, and at the same time) the authority to submit the full and true

information on the results and ensuring the provision of basic services,

that are contained in the licence, and the evaluation of the implementation of the

quality parameters according to the status at 31. December of the calendar year, and

not later than 31 December 2006. March of the following calendar year; the content, the form

and the way the publication of information on detailed legal prescription.



(5) the holder of the postal licence has an obligation to provide basic services,

that are included in the postal licence, for cost oriented

with the exception of the prices referred to in paragraph 6, section 3, paragraph 3. 1 (a). (f)) and section 34a.

Cost-oriented price means the price, which includes efficiently and

efficiently incurred costs and a reasonable profit, which shall be determined,

in order to ensure a return on investment within a reasonable period of time and

taking into account the relevant risk. ".



35. In section 33 shall be added to paragraph 6 to 9 shall be added:



"(6) the holder of the postal licence may negotiate the prices, which include lower

rate of profit, than the corresponding cost is a reasonable profit-oriented

the prices of the essential services referred to in paragraph 5; does not, however, the right to

recovering net costs set pursuant to section 34b of the difference between the

applicable and reasonable profit.



(7) the holder of a postal license is obliged to negotiate the prices of basic services,

that are included in the postal licence, transparently and

non-discriminatory manner. If under certain conditions shall negotiate the price of some of the

These basic services, specifically, is obliged, under comparable

the terms of each offer as follows an agreed price.



(8) the holder of a postal license is obliged to notify the Authority in writing of the



and the increase in the prices of basic services), which are included in the mailing

license,



(b)) any changes in the technical, organisational or legal nature related

the holder of the postal licence, which may fundamentally

affect the provision and delivery of basic services, which are

included in its postal licence.



(9) the notification referred to in paragraph 8 (a). and the postal licence holder)

required to take at least 90 days prior to the date on which it intends to raise prices

basic services, and the notification referred to in paragraph 8 (a). (b) at least 30 days)

before the date of the operative event. ".



36. under section 33, the following new section 33a is inserted:



"§ 33a



Separate records of costs and revenues associated with the provision and

providing various essential services



(1) the holder of a postal license is obliged to maintain in accordance with the implementing

the law referred to in paragraph 2 of the separate records of costs and revenues

associated with providing various essential services, which are

included in its postal licence, and other services, so that the

provided the basis for calculation of the net cost for each of the basic

services, to regulate prices of essential services and to demonstrate the fact,

that there is no cross-financing between the basic services that

are included in the postal licence, and other services.



(2) the implementing legislation provides a way of keeping separate records

costs and revenues, the methodology of the special breakdowns of costs and revenue, and their

including the establishment of a reasonable matching of profit and structure reported

the information.



(3) the holder of the licence is obliged to post in a separate register to assign

the direct costs of a particular service, to which they apply, and

assigning common costs to use in ways that are based on the

the nature and origin of costs, under the same conditions, and use the same

the rules for the allocation of costs for basic services and other services.

The holder of the postal licence shall ensure that the total of all the associated costs

and the proceeds in a separate register to be matched to the cost and income in the statement of

profit and loss account drawn up in the framework of the annual accounts.



(4) the rules, which will propose the holder of the postal licence and under which

common costs will be for more of the activities of the holder of the postal licence

assigned to each of the essential services, which are contained in its

the licence may take force after their approval by the authority. The holder of the

the postal licence must ensure that compliance with the approved rules

separate records of expenses and revenues will be verified annually by the person

professionally qualified and independent of the postal licence holder; This

the person must be approved by the authority. The results of this verification, the Office shall publish the

in the Post Gazette.



(5) the holder of a postal license is required to submit certified results

separate records of expenses and revenues to the authority no later than 31 December 2006. July for

of the previous accounting period. ".



37. under section 33a is inserted the designation of a new title VI, including the title of the

added:



' TITLE VI



THE SHARING OF SPECIFIC SERVICES AND ELEMENTS OF THE POSTAL INFRASTRUCTURE ".



The former title VI to VIII, known as title VII to IX.



38. section 34 reads:



"§ 34



(1) the holder of a postal license is bound to a transparent and

non-discriminatory manner on the basis of a written contract to allow access

the other operators to the elements of the postal infrastructure and the Special

services related to the operation of postal infrastructure (hereinafter referred to as

"infrastructure"). Postal infrastructure includes the database

addresses with information about the recipient, who requested a supply other than

the sender address and the new address, mailing
bins, containers, delivery service for reshipment, the service return

the sender of the delivery service, at the addresses indicated on the postal consignments.



(2) the holder of the postal licence may refuse the proposal on conclusion of the contract

referred to in paragraph 1, if the performance of that contract could lead to threats

activities related to the provision of and ensuring basic services,

that are contained in the licence, or

safety operation of postal infrastructure.



(3) in the absence of the conclusion of the agreement referred to in paragraph 1 within 2 months from the date of

the opening of the negotiations on the draft Treaty, the Office shall decide the dispute on the adjustment

reciprocal rights and obligations on the basis of a proposal of any of the Contracting

the parties. Part of the proposal for a decision of the parties to the dispute shall be

the draft treaty with his contentious parts. If the subject of the dispute

the price for access to the postal infrastructure, the Office in the framework of decision

the dispute provides the price referred to in paragraph 6. The time limit for the issuance of the decision on the

the dispute is 4 months, in particularly complex cases, 6 months.

The Office shall publish the decision in the postal dispute journal and in the manner

enabling remote access.



(4) the authority may, in the framework of the dispute, save fined up to

above 100 000 Usd.



(5) the authority shall grant to pay the costs in full to the participant in

If that was for the conduct of another party to the proceedings taken back the proposal,

that was a participant in the filed.



(6) the holder of a licence shall be negotiated prices for mailbox access mailbox

infrastructure for cost-oriented prices.



(7) the holder of a postal license allows you to use all free of charge, mail

routing numbers, which means the numerical designation of the establishments, places

established for the purpose of mailing or delivery of postal items.



(8) the holder of a postal license is required to keep separate records of the costs of

and revenue on services associated with access to postal infrastructure in

accordance with the implementing legislation in accordance with § 33a paragraph. 2. The provisions of the

§ 33a paragraph. 3 to 5 shall apply mutatis mutandis.



(9) the holder of a postal license is not required to close the mail contract

According to the section 4, paragraph 4. 2 with the operator in the event that the subject of this contract

is the delivery of postal items, which have been submitted for this

operator. ".



39. under section 34 shall be added a new title VII, including title

added:



"TITLE VII



PRICE REGULATION OF BASIC SERVICES ".



The former title VII to IX are referred to as title VIII to X.



40. section 34a including title:



"§ 34a



The prices of basic services



(1) the authority shall monitor and evaluate the development level of the prices of basic services and

periodically review their affordability, in particular with regard to the

consumer prices, inflation and average wage.



(2) if the Office finds that the prices of basic services are in contradiction with the

the provisions of section 3 (3). 2 (a). (c)), the regulation of the prices of the release

decision on the price according to the administrative procedure. The authority in regulating prices apply

ways of regulating the prices laid down by the law on prices ^ 3). Thus provided for

the prices are binding only for the holder of the postal licence under

basic services, which are included in the postal licence.



(3) the authority shall publish a decision on the price in the postal journal.



(4) paragraphs 1 and 2 shall not apply to the service delivery of the cash amount

postal reference. ".



41. under section 34a is added the new title VIII, including title

added:



"TITLE VIII



THE ESTABLISHMENT AND FINANCING OF THE NET COSTS ".



The former title VIII to X are known as title IX to XI.



42. in title VIII, under the heading the following new section 34b and 34 c, including

the headings are added:



"§ 34b



Determination of net cost



(1) the net cost means the difference between efficiency and effectiveness

costs, which are necessary for the provision of basic

services, and income derived from the provision of basic services, regardless of the

whether the result is positive or negative. Net cost of the implementation of the

the obligation to provide basic services is determined as the difference between the

net cost of the operator with the obligation to provide basic services and

the same operator without the obligation to provide basic services. When

determining net costs shall take into account all of the relevant facts,

including any intangible and market benefits which an operator with

the obligation to provide basic services, entitlement to a reasonable profit and

incentives for cost efficiency. The net cost is determined

the calendar year in which the operator had the obligation to provide basic

Services (hereinafter referred to as "billing period").



(2) the net cost may include only the cost of carrying out the duties

relating to the basic services that are included in the mailing

the license. The calculation of the net cost of the provision of each of the basic

the services shall be carried out separately for each of the basic service; It is prohibited to

duplicate entry of the data of any direct or indirect costs and

intangible and market benefits.



(3) total net cost of each holder of the postal licence shall be

as a summary of all the results of the calculation of the net costs arising from the

the provision of each of the basic services that are included in its

the postal licence, taking into account any intangible and market benefits and

incentives for cost efficiency.



(4) Complete supporting documents enabling the correct calculation of the net cost of

the posting period, the holder shall submit to the postal licence Office together with the

applications for payment of the net costs under section 34 c of paragraph 1. 1. the holder of the postal

the license is responsible for the correctness and completeness of the submitted by the calculation and

submitted documents and handouts. The Office is entitled to during the

verification of the amount of the net cost to request other necessary documents of the Court

registration or other technical evidence to verify the accuracy of the

the data included in the calculation. The net cost of the Office shall lay down the procedure referred to in

paragraph 7 on the basis of the calculation of the net cost, carried out by the holder of the

postal licences referred to in paragraphs 1 and 2, and accounting records, which must

These calculations to be accompanied by other documents, where appropriate, the holder of the postal

the licence, which was requested during the authentication process. If the Office finds that the

the holder of the postal licence documents are incomplete or have flaws,

fix an appropriate time limit to their complement, where appropriate, to repair.

If the holder does not mail the licence within the time limit, the Office

does not include the cost of compliance with the obligation to provide any of the

the basic services that are incomplete or inadequate documentation concerns,

the net cost of the provision of basic services.



(5) if the holder of the postal license in the application for payment of the net cost of

apply a higher net cost than that stated in the application for the grant of

the licence, the authority shall decide whether the exceptional circumstances that have occurred

caused an increase in net costs, and that the holder of the postal licence

could not reasonably have foreseen. The following is the holder of a postal license

obliged to demonstrate.



(6) the Office shall verify the correctness and completeness of the supporting documents referred to in paragraphs 4 and 5 of 60

days from the date of the submission or supplement the last of them, where appropriate,

the verification shall entrust a third body, which ensures the impartiality and

independence on the holder of the postal licence. The decision on the verification of the above

the net cost of the provision of basic services, the Office shall publish in

The post journal.



(7) the procedure for the calculation of the net cost to the Office, the calculation of the net cost of

each of the primary services, the definition of intangible and market benefits and

other facts referred to in paragraph 1, and the documents which must be

the calculations documented, lays down the detailed legal prescription.



§ 34 c



The financing of the net cost of representing an unfair financial

the burden of



(1) a request for payment of the net cost is the holder of a licence shall be required to mail

deliver to the authority no later than 31 December 2006. August calendar year following

After the end of a billing period, otherwise the right shall lapse. A participant in the

the procedure for payment of the net cost is only requesting the holder of the postal

licence.



(2) the authority shall determine whether the amount of the net cost of the provision of basic

services provided by § 34b represents for the holder of the postal licence

an unfair financial burden. For an unfair financial burden is

not be regarded as the net costs to the amount of 1 percent of the total cost of the holder

the postal licence for the billing period. Subject to the payment of the net cost in the

the amount, from which are deducted the net costs to present

an unfair financial burden laid down by the second sentence.



(3) to cover the net costs incurred by the Office, establish the account for the financing of the

basic services (hereinafter referred to as "the account"), which manages. The account is not part of the

the State budget. The funds are held in bank account and can be used

only for the purposes referred to in this law. The account balance at the end of the

calendar year transfers to the year following. Interest income

the State budget, remuneration for banking services associated with the leadership of the account

are the expenses of the State budget.



(4) Revenue consists of payments account payers and the finance charge referred to in paragraph 11. The Office of the

keeps records of taxpayers. Expenditure account payments to holders of postal
licence.



(5) the payer is any operator that provides a postal service or

foreign postal services within the territory of the Czech Republic.



(6) the payer is not an operator whose revenues in the posting

the period of the provision of postal services and foreign postal services

in less than 10 0000 0000 Czk.



(7) the decision of the Office shall determine the percentage of revenues for the provision of

the postal service and foreign postal services of individual taxpayers

the total revenues for the provision of postal services and foreign

postal service to all taxpayers in a given billing period. Final

the decision of the Office shall publish a notice in the mail.



(8) the authority according to the percentage specified under paragraph 7, without delay,

determined from the net cost of the designated pursuant to section 34b of the payment of the Bill. On

determined the amount of payments issues a payment Bill; payment deadline

shall not be less than 30 days. The obligation to make payment to the payer arises

the date referred to in the payment of the assessment. The holder of the postal licence,

the recipient of the remuneration net cost referred to in paragraph 10, is not obliged to payment

perform. Payment assessment be conducted with each payer separately.

Action brought against the decision of the payment of the assessment does not have suspensory effect.



(9) the amount of the payments referred to in paragraph 8 shall be for the payer in terms of its

revenue for the provision of postal services and postage

services for the billing period manifestly unreasonable.



(10) the authority shall, without delay after receipt of the payment on account will convert cash

means the holder of a licence to cover postal net cost

procedure provided for in § 34b, after deduction of the amount of the payments referred to in

of paragraph 8.



(11) if the funds from the account on the basis of the

incorrect or incomplete data of the holder of the postal licence, is this

the holder of the postal licence shall unlawfully drawn financial

the funds back to the account not later than 15 days from the date of legal power

the decision of the Office. At the same time the holder is obliged to pay the postal licence

a penalty of 1 per thousand a day from unduly drawn resources

but not in this amount. The finance charge is the income account.



(12) If, on the basis of incorrect or incomplete information provided by the

the payer to determine a lower percentage of the Bill lays down the

The Office on the basis of the corrected calculation of the percentage of the obligation of this

the payer to pay the difference between the amount originally provided for payment, and new

the payment obligations of the paying výměrem. This amount will be paid

used for the payment of net costs calculated for the closest

the following billing period.



(13) in the assessment, collection and enforcement of the payment Office shall proceed in accordance with

the tax code. "



43. In section 35, paragraph. 3 the word "Holder" shall be replaced by the words "Only" and holder

the word "exclusive" is deleted.



44. In article 35, the following paragraph 6 is added:



"(6) the rights and obligations provided for in paragraphs 2 to 5 of the holder of the postal

the license, which the postal licence contains the obligation to provide basic

service under section 3 (3). 1 (a). and) on throughout the territory of the Czech Republic, or

at its largest part, in the event that this basic service is included

more postal licences. If there is no obligation to provide basic

service under section 3 (3). 1 (a). and) is stored, the rights and obligations under the

paragraphs 2 to 5 of the operator, which is a holder of the postal

the last license. ".



45. under section 36 shall be inserted a new section 36a, which including a footnote No 25

added:



"§ 36a



(1) the authority under this Act,



and analysis) general availability of basic services and

review the need for the imposition of the obligation to provide and ensure basic

services,



(b)) keeps records of operators and grants to the designated operators, which

has a duty to provide and provide basic services, the postal licence,



(c)) provides the net cost of the provision, and the provision of basic

services, shall decide on the obligation to return the funds unduly

pumped to cover the net cost and decide whether the net cost

the holder of a licence for the mail an unfair financial

burden,



d) publishes decision on the price of basic services and carries out the control of prices in

the area of postal services, including postal services abroad, and prices

for access to the postal infrastructure,



e) Decides in disputes, when provided for in this Act,



f) cooperate with the authorities of the European Union and with the regulatory authorities of the Member

States of the European Union with a similar factual competence, in particular in the transmission

and the acquisition of data and information provided by law, the decisions of the

issued on the basis of law or legal acts of the European Union and fulfil the

additional tasks for the area of the regulation of the postal services stem from the

the Czech Republic's membership in the European Union,



(g)), selects and recover fees,



h) carries out State control in the area of postal services,



I) State statistical service, including data collection, in the area of

the postal service and foreign postal services,



j) stores, selects and enforced fines for violation of the obligations laid down

This law,



to) publishes the implementing legislation in the area of postal services in

the extent of authority under this Act,



l) is the Executive administrative authority for the enforcement of the obligations laid down

This law or imposed ex officio, on the basis of



m) Decides to change the postal terms and conditions under section 6 (1). 4,



n), selects and recover the payments to the account for the financing of the basic

services.



(2) the Council Office carried out a review under section 37, paragraph. 4, in the proceedings

in the case of the postal licence under section 22, 23, 24 and 25 and issued a decision on the

the price of each of the basic service pursuant to section 34a. Against the decision of the Council

The Office is not subject to appeal.



(3) the President of the Council of the authority in the first instance in the proceedings for the amount and

payment of the net cost of the provision and the provision of basic services

in accordance with § 34b and in disputes over access to the postal infrastructure under section

34.



(4) if the law of things, the Statute of the Office may decide

Office ^ 25) provide that, in the first instance, the President of the Council shall be decided by the authority with the

the exception referred to in paragraph 2.



(5) a breakdown or an appeal against a decision of the Office, which in the first

the degree of the President of the Council of the authority has not given, shall be decided by the President of the Council of the authority with

the exception referred to in paragraph 2.



(6) If, in the first instance, the President of the Council issued a decision of the authority, when

deciding on the appeal or degradation in the Council vote.



section 107, paragraph 25). 8 of Act No. 127/2005 Coll., on electronic communications

and amending certain related laws (Act on electronic

communications). ".



46. In the heading of section 37 is repealed.



47. In section 37, paragraph 1 reads:



"(1) the authority shall supervise whether the operators of complies with its obligations under this

of the law. ".



48. In paragraph 37. 2 of the introductory part of the provisions of the first sentence be deleted.



49. In section 37, paragraph. 3 (b). and the words ") of basic services by the holder

the postal licence or the holder of a special postal licence "shall be replaced by

the words "postal services".



50. In paragraph 37. 3 (b). (b)), the words "and to the holders of a special postal

the licence "shall be deleted.



51. In section 37, paragraph. 3 (d)):



"(d)) in doubt decides whether, in the case of a particular service is

postal service, on request or on its own initiative. "



52. In section 37, paragraph. 3, letter e) shall be deleted.



53. In section 37, the following paragraphs 4 to 6 shall be added:



"(4) the authority shall regularly review the quality level and the method of delivery and

the provision of basic services and their general availability throughout the

the territory of the Czech Republic according to the basic qualitative requirements; in

the case of the review of the general availability of the service delivery of the cash amount

the post pointing out the Office takes into account the similar services in the area of

payments that are not postal services. The Office also

periodically review the obligation of the holder of the postal licence to provide and

to provide basic services. On the basis of the outcome of the review and after

consultation with the parties concerned in accordance with paragraph 5 of the Office may initiate

a selection procedure pursuant to section 22 paragraph 1(b). 2 or change the postal licence

under section 23 or shall publish in the Gazette notice of the non-Postal

the obligation to provide and ensure one of the base services.

The review referred to in the second sentence must be completed no later than 6 calendar

months before the end of the validity of the postal licence.



(5) the authority shall consult in accordance with paragraph 4



and a range of basic services), which will be subject to the non-imposition or

the imposition of the obligation to provide and ensure basic services and territories

which will be the non-imposition or the imposition of the obligation to provide and ensure

basic services cover



(b)) the obligation to provide a reasoned intention to the Office and provide the individual

the basic service



1. not to impose, as the provision of basic services in question throughout the territory of

State or in a part thereof is ensured in conditions comparable with the

requirements for the provision of basic services, according to this law, without

It was necessary to impose this obligation,



2. save for the provision of basic services in question throughout the territory of
State or its part is not ensured in conditions comparable with the

requirements for the provision of basic services under this Act.



(6) the results of the consultation, the authority shall publish a notice in the mail the Gazette. ".



54. § 37a:



"§ 37a



(1) Legal or natural person established by the administrative

tort by



and figuring out the content of the mail) in contravention of section 16. 5,



(b)) in the area of postal services without permission or in contravention of

General terms of business under section 17,



(c)) provides the postal service or the postal service provides foreign

without permission according to § 18 paragraph. 1,



(d) fails to comply with an obligation under section) 18 paragraph. 5 or 6, or



(e) delivery service) operates a cash amount of mail by pointing out without

the postal licence, contrary to section 20.



(2) the operator has committed misconduct by



and not to the conditions in the mail), section 4, paragraph 4. 1,



(b)) does not close the mail contract referred to in section 4, paragraph 4. 2,



(c)) in contravention of section 6 (1). 4 does not change within the time limit fixed by the Office

the postal terms and conditions,



(d) information on the changed neuveřejní) postal conditions under section 6 (1). 3,



e) treats the postal item or a monetary amount in poukázanou

contrary to section 7 (2). 1,



(f)) or looking at the postal opened in violation of section 8 (2). 1, 2, and 4,



(g)) does not inform about opening mail in delivery to the addressee,

where appropriate, the consignor when the consignments referred to in § 8 paragraph. 3,



h) sells consignment in violation of section 9 (2). 1 and 2,



I) fails to clean the proceeds under section 9 (2). 3,



j) will destroy the consignment in contravention of section 10,



to pay a monetary amount) poukázanou in breach of section 11,



l) contrary to section 16. 7 fails to mail or will not allow other

measures with regard to postal items,



m) fails to comply with the obligation referred to in section 18, paragraph. 4,



n) fail to comply with information requirements under section 32a, or



o) fail to comply with any of the requirements under Section 32b of the paragraph. 1 and 2.



(3) the holder of the postal licence commits misconduct by



breach of the obligation to post) according to § 33 paragraph. 1 (a). and)



(b)) provides postal services in violation of § 33 paragraph. 1 (a). (b)),



(c)) violates any of the requirements of § 33 paragraph. 4,



(d)) violates any of the obligations according to § 33 paragraph. 5, 7, 8 or 9,



e) fail to comply with any of the requirements under section 33a,



f) violates any of the obligations pursuant to § 34 paragraph. 7 or 8, or



g) offers basic services, which are included in the postal licence,

contrary to the decision of the price pursuant to section 34a of paragraph 1. 2.



(4) in the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (b)), (c))

or (e)), or in accordance with paragraph 2 (a). about), or in accordance with paragraph 3 (b).

(e)),



(b) 2 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)

or pursuant to paragraph 2 (a). (f)), and (l)), or in accordance with paragraph 3 (b). and)

(c)), d), (f) or (g))),



(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)),

or pursuant to paragraph 2 (a). (b)), (e)),),), m) or (n)), or by

paragraph 3 (b). (b)), or



d) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and (c)))

(d)), g), (h) or (j))). ".



55. In section 37 c is at the end of paragraph 1, the period shall be replaced by "or", and

the following point (c)), which read:



"(c)) as a person acting on behalf of or on behalf of holders of the postal

Secrets of the breach of an obligation of confidentiality under section 16(1). 1 to 3 ".



56. In section 37 c of paragraph 1. 2, after the words "(a). (b)) ", the words" or (c)) ".



57. In § 38 paragraph 2 is added:



"(2) the fulfilment of the obligations imposed on the holder of the postal licence decision

pursuant to section 22 paragraph 1(b). 6 or 9 or § 34 paragraph. 3 you can recover them by storing

enforcement of fines up to a total amount of 10 0000 0000 Czk. ".



58. In article 38, paragraph 3 is deleted.



59. section 40:



"§ 40



The authority under this Act shall be issued by the Postal Bulletin, which is on the publication

the collection in the field of postal services. Office exposes the Postal journal

in a way that allows remote access. ".



60. section 41 including title:



"§ 41



The enabling provisions



The Office shall issue a decree for the implementation of section 3 (3). 3, § 18 paragraph. 1, § 32b of the paragraph.

3, § 33 paragraph. 4 (b). (e)), § 33a paragraph. 2 and section 34b of paragraph 1. 7. ".



Article. (II)



Transitional provisions



1. Postal operator ("operator"), which is

authorised to provide postal services pursuant to Act No. 29/2000 Coll., on the

the texts of the effective to date of the entry into force of this law, is obliged to

the end of the 3. calendar month following the calendar month in

which came into effect this law, deliver to the Czech Telecom

Authority (hereinafter referred to as "the authority"), pursuant to section 18 of the notification of the business Act No. 29/2000

Coll., as amended, effective from the date of entry into force of this Act.

Business permission to mail and foreign

postal services pursuant to Act No. 29/2000 Coll., as amended, effective the day

the entry into force of this Act, expires on the date when the person on the

the basis of the business, delivered to the Office of business notification according to section 18 of Act No.

29/2000 Coll., as amended, effective from the date of entry into force of this Act,

but no later than the deadline referred to in the first sentence; This notification

is not subject to an administrative fee.



2. The holder of the postal licence is the date of the entry into force of this Act

until 31 December 2006. December 2017 Česká pošta, s. p., or its legal successor,

which is on the whole territory of the Czech Republic shall provide and ensure the

the basic service pursuant to section 3 of the Act No. 29/2000 Coll., as amended effective from

date of entry into force of this law, in accordance with your licensing by

point 3.



3. the Office shall grant the postal licence to the person referred to in paragraph 2 within 60 days from the date of

the entry into force of this law. A participant in the proceedings for grant of the postal

the license is only the person referred to in paragraph 2. The Office in this postal license

provides all of the basic service pursuant to section 3 of the Act No. 29/2000 Coll., on the

the texts of the effective date of the entry into force of this law. This mailing

a licence may be amended in accordance with section 23 of the Act No. 29/2000 Coll., on the

the texts of the effective date of the entry into force of this law, as soon as possible after the date of

January 1, 2016.



4. where specific legislation to ensure that other activities

than the provision of postal services, provides for the mandatory person the holder

the postal licence, means the Czech post, with, where applicable, its

the legal successor.



5. the operator shall be obliged to bring into line the postal conditions in accordance with § 6

Act No. 29/2000 Coll., as amended, effective from the date of entry into force of this

of the Act, within 60 days from the date of entry into force of this Act.



6. the operator is obliged to keep separate records of revenue and income

under Section 32b of the Act No. 29/2000 Coll., as amended, effective from the date of acquisition

the effectiveness of this law, from 1 January 2003. July 2013.



7. the holder of the postal licence is required to keep separate records of the costs of

and revenue under section 33a of the Act No. 29/2000 Coll., as amended, effective from the date of

the entry into force of this law, from 1 January 2003. July 2013.



8. the holder of the postal license is obliged to comply with the obligations imposed on him

the decisions issued by the authority pursuant to section 33, paragraph. 5 of law No 29/2000 Coll.

in the texts of the effective to date of the entry into force of this Act, until the

than apply management separate records of expenses and revenues referred to in point

7.



9. the Office shall determine any net costs for the period from the date of acquisition

the effectiveness of this law by the end of 2013, according to section 34b of paragraph 1. 4 of the law

No 29/2000 Coll., as amended, effective from the date of entry into force of this

law, and the percentage and amount of the payments to individual operators

pursuant to section 34 c of paragraph 1. 7 and 8 of the Act No. 29/2000 Coll., as amended, effective from the date of

the entry into force of this law, as follows:



and from the date of entry into force) this Act to 30. June 2013 on the basis of the

information obtained pursuant to § 32a of the Act No. 29/2000 Coll., as amended effective

from the date of entry into force of this Act, and in accordance with section 8,



(b)) of the date 1. July 13 to 31. December 2013 on the basis of the information

referred to in points 6 and 7.



10. Price decision issued by the Office and the Ministry of Finance according to the

Act No. 29/2000 Coll., as amended, effective the day of the entry into force of this

the law, the date of entry into force of this Act shall be deleted.



11. Legal proceedings instituted and the WIP prior to the date of application of this

the Act completes the administrative authorities, which initiated the proceedings, in accordance with the existing

the legislation.



Article. (III)



Cancellation provisions



Regulation of the Government No. 512/2005 Coll., on the determination of the scope of the postal

permission is hereby repealed.



PART THE SECOND



The amendment to the law on the scope of the authorities of the Czech Republic in the area of prices



Article. (IV)



In section 2b, paragraph. 2 Act No 265/1991 Coll., on the scope of the authorities of the Czech

Republic in the area of prices, as amended by Act No. 151/2000 Coll., Act No.

320/2002 Coll., Act No. 95/2005 Coll. and Act No. 127/2005 Coll., the words

"abroad, and services related to the provision of postal services

abroad and foreign postal services "shall be replaced by the words",

including postal services abroad and the prices for access to postal

infrastructure ".



Article. In



The transitional provisions of the



The proceedings initiated in the area of postal services, to which the scope of the

Czech Telecommunication Office or the Ministry of finance pursuant to the Act No.
265/1991 Coll., as amended, effective the date of the entry into force of this Act,

date of entry into force of this law.



PART THE THIRD



The amendment to the law on trades



Article. (VI)



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by law 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., the Act No. 136/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 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., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No.

247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.

309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.

274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.

501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.

174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.

320/2002 Coll., the finding of the Constitutional Court, declared under no. 476/2002 Sb.

Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.

Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.

Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll.,

Act No. 119/2004 Coll., the Act No. 167/2004 Coll., Act No. 257/2004 Coll.

Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,

Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.,

Act No 215/2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll.

Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No. 62/2006 Coll.

Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.

Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.

Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.

Law No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll.

Act No. 310/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.

Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.

Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Sb.

Act No. 285/2009 Coll., Act No. 292/2009 Coll., Act No. 145/2010 Sb.

Act No. 155/2010 Coll., Act No. 160/2010 Coll., Act No. 427/2010 Sb.

Act No. 73/2011 Coll., the Act No. 152/2011 Coll., Act No. 350/2011 Sb.

Law No 351/2011 Coll., Act No. 355/2011 Coll., Act No. 375/2011 Sb.

Act No 420/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Sb.

Act No. 53/2012 Coll. and Act No. 119/2012 Coll., is hereby amended as follows:



1. In section 3, at the end of paragraph 3 shall be replaced by a comma and dot is added

letter, etc), which read:



"etc) the operation of the postal service and foreign postal services

under special legislation. ".



2. in annex 4, paragraph 54 deleted.



Article. (VII)



The transitional provisions of the



Proceedings in the field of activities belonging to the trades free "Operation

postal and foreign postal services ", initiated by the law No.

455/1991 Coll., as amended, effective the date of the entry into force of this Act, and

to this day unfinished, with date of entry into force of this Act

stop.



PART THE FOURTH



Amendment of the Act on administrative fees



Article. (VIII)



Item 113 of the annex to the Act No 634/2004 Coll., on administrative fees,

as amended by Act No. 361/2005 Coll., as follows:



"Item 113



and issue the certificate of notification) business in the area of postal services Czk 1 0.0-



(b)) issue the certificate of communication changes reported $ 500.0 data-



(c) the submission of the proposal for a decision) a dispute concerning access to the postal

infrastructure pursuant to section 34 of Act No. 29/2000 Coll. on postal services,

as amended Czk 10 0.0-



(d) the submission of the proposal on initiating) objections under section 6a of the Act No. 29/2000 Coll.

on postal services, in wording of later regulations Czk 100.0-. ".



PART THE FIFTH



Amendment of the Act on consumer protection



Article. (IX)



In section 23, paragraph. 15 of Act No. 634/1992 Coll. on consumer protection, in

the text of Act No. 217/1993 Coll., Act No. 40/1995 Coll., Act No. 104/1995

Coll., Act No. 110/1997 Coll., Act No. 356/1999 Coll., Act No. 64/2000

Coll., Act No. 145/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001

Coll., Act No. 452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002

Coll., Act No. 320/2002 Coll., Act No 227/2003 Coll., Act No. 277/2003

Coll., Act No. 441/2003 Coll., Act No. 119/2004 Coll., Act No. 217/2004

Coll., Act No. 186/2004 Coll., Act No. 444/2005 Coll., Act No. 214/2006

Coll., the Act No. 229/2006 Coll., Act No. 36/2008 Coll., Act No. 227/2009

Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 293/2009

Coll., Act No. 298/2009 Coll., Act No. 301/2009 Coll., Act No. 155/2010

Coll., Act No. 28/2011 Coll., Act No. 139/2011 Coll., Act No. 211/2011

Coll., Act No. 219/2011 Coll. and Act No. 468/2011 Coll., the words "up to 10"

be deleted and the word "communications" with the words "and the postal

services ".



PART SIX



The EFFECTIVENESS of the



Article. X



This law shall enter into force on 1 January 2005. January 2013.



Němcová in r.



Klaus r.



Nečas in r.

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