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.
