95/2005 Sb.
LAW
of 21 June 1999. January 25, 2005
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 United States:
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
(Act on postal services), as amended by Act No. 517/2002 Coll., Act
No 225/2003 Coll. and Act No. 501/2004 is amended as follows:
1. In article 1 (1). 1, after the words "the law", the words "in accordance with the law
Of the European Communities ' ^ 1 ') ".
Footnote 1:
"1) European Parliament and Council Directive 97/67/EC of 15 December 1999. 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 postal services
Community competition. ".
2. In article 1 (1). 1 the words "postal service that
provides "are replaced by the words" those postal operators, who
have a duty to ensure. "
3. In article 1 (1). 2 the words "in accordance with the conditions laid down by this Act for
the purpose of "shall be replaced by the words" under the conditions laid down in this law, the
the purpose is ".
4. In paragraph 2 (a). a), the words "of a document or any other ' shall be deleted.
5. In paragraph 2 (a). (b)), the words "consisting of" shall be replaced by the words ", which
the purpose is ".
6. In paragraph 2 (a). (c)), the words "under this Act" shall be deleted.
7. In paragraph 2 (a). f), the words "postal conditions" shall be replaced by
"the contract".
8. In paragraph 2 (a). g), the words ", in the manner laid down in the mail
conditions "are deleted.
9. In paragraph 2 (a). (h)), the words "postal conditions" shall be replaced by
"the contract".
10. In paragraph 2 (a). even) the words "international service for its
the terms "shall be replaced by the words" foreign postal service service
the nature of the "and the words" which consists in delivery of documents, the other "
replaced by the words "for the purpose of delivery".
11. in paragraph 2 of the letter j) is added:
"j) basic services the postal service and foreign postal services,
that are relative to the needs of the public, under the protection of the State
in the manner provided under this Act ".
12. in section 2, the following points (k)) and m) are added:
"the foreign operator to) the one who is abroad in conjunction with the
the operator participates in the provision of postal services abroad
l) documents a communication in written form on the Charter specified a particular
person,
m) takeover of postal items postal administration or poukazované cash
the amount of operator to provide postal service. ".
13. paragraph 3 reads:
"§ 3
Providing for consideration of the service whose purpose is to release the document in advance
the designated person, or to offer such services, can be only on condition that they are
or to be provided under this Act. This does not apply,
a) if it is a service provided on the basis of an international agreement that
It is part of the legal order of the Czech Republic,
(b)) in the case of a service whose purpose is to issue accompanying documents together with the
the things to which they relate,
(c) the release of the document) if the designated person in advance part of the service
different in nature and is not for the purpose of ensuring within the framework of separate
postal services,
(d)) with respect to the service, which is a statement addressed to a particular person
transported exclusively in other than written form on the list, or
e) if it is a service whose provision has been the subject abroad. ".
14. sections 4 to 7, including headings and footnotes 2 and 3a shall be added:
"The conclusion of the postal contract
§ 4
(1) the announcement of postal terms each operator offers the conclusion of
postal mail contract under these conditions; the announcement means the
the publication of the postal conditions in all premises of the operator on
place a publicly accessible and where appropriate a manner allowing remote
access. The operator is required to submit, at the request of the postal terms and conditions
available for viewing in any of its premises, in which a postal contract
close. If the period of validity of postal terms and conditions expressly laid down,
can be validated by end a notice published in the same manner
as the mailing conditions; the rights and obligations that have arisen on the basis of
These postal terms and conditions, remain their later modification or
cancellation shall remain unaffected.
(2) the operator is obliged to conclude a postal Treaty with anyone who he
its conclusion within the postal terms and conditions and in the manner laid down in them
suggests.
(3) the operator does not create an obligation to close the mail contract, if
its content should also be derogations from the rights and obligations or their
replenishment in accordance with § 6 para. 5.
(4) the operator is entitled to when closing the mail contract required
in order to prove that the sender of the mail and its corresponding modification
mail conditions; However, it is not obliged to check for.
§ 5
(1) the contract arises from the obligation to deliver the postal operator
consignment or remitted the amount of money in the manner specified in it to the recipient.
Unless otherwise agreed, the conclusion of a contract the sender mailbox
the obligation to pay the agreed price of the operator.
(2) the operator is not liable for failure to fulfil obligations under the postal
the contract of the causes on the side of the recipient or as a result of the performance of the obligations of the
stored by the operators of this Act or a particular legal
^ 2) of the regulation.
(3) unless otherwise agreed with the operator, the sender is
obliged to modify the mail way according to § 6 paragraph 1. 3 (b). (b)), and
(c)).
§ 6
Mail conditions
(1) postal conditions must be in written form.
(2) postal terms include
and) requirements that are to be performed before the closure of the mail sender
of the Treaty,
(b)) the way he has to do when mail submission
(c)) the rights and obligations that are the content of legal relationship
arising from the contract.
(3) from the conditions referred to in paragraph 2. and must be always)
and) way to propose the closure of the postal operators of the Treaty,
(b) a mandatory adjustment of postal items), the permissible dimensions and weight,
(c)) that the content of the mail is considered hazardous or
requiring special handling, as well as the required special arrangements such
mail or other requirements to be met by the consignor,
(d)) that the content of the mail is not allowed.
(4) of the conditions referred to in paragraph 2 (a). (c)) must be always
and the mode of delivery)
(b) in the case of operator procedure) that the postal item or a remitted
the amount of money it was not possible to deliver,
(c)) price ^ 3) postal services, payment method, and the scope of claims
on the return, if the operator has breached the obligation to
According to the postal contract
(d)) the way of acceptance and consideration of the objections against the behaviour of the operator,
that violated an obligation pursuant to the Treaty, as well as the postal way
claims arising from this breach,
(e) the liability of the operator in respect of) the extent of damage suffered pursuant to § 13 para.
1,
f) limit the amount of damages in accordance with § 13 para. 4,
(g) the adoption and discussion of) the way the stimulus, that in the provision of postal
the service damage occurs, as well as how claims of damages
arising,
h) procedure when you open a postal operator under section 8,
I) procedure the operator during the sale or destruction of mail or
parts thereof pursuant to § 9 and 10, including the time limit, the date of expiry of such
the management of postal delivery.
(5) when closing the mail contract can be concluded for derogations from rights and
the obligations referred to in paragraph 2 (a). (c)) or their replenishment; condition
However, is that it is on such a possibility in postal conditions claimed and
These deviations and additions does not change the nature of the post offered
the service.
§ 7
Rights from the contract
(1) the right to dispose of the postal item or a monetary amount remitted
has until its delivery to the sender only; the operator may, with the postal
consignment or remitted the amount of money handled only to the extent necessary and
only in such a way, that's part of the provision of postal services.
(2) other persons and bodies may post or remitted
the amount of money to dispose of only if this was agreed or
If provided for in special legislation. ^ 3a)
(3) the rights from the contract lapse on the expiry of one year from the
mail submission, unless otherwise provided by this law is something else.
for example, § 2) 86 to 87a of Act No. 141/1961 Coll., on criminal court proceedings
the Court (code of criminal procedure), as amended, Act No. 13/1993
Coll., the Customs Act, as amended.
for example, section 3A) 86 to 87a of Act No. 141/1961 Coll., as amended
the provisions of section 7 to 12 of Act No. 154/1994 Coll. on security information
the service, section 11 to 16 of Act No. 68/1992 Coll. on Military Defense
news coverage, as amended by Act No. 154/1994 Coll. and Act No. 89/1995 Coll.
Act No. 13/1993 Coll., as amended. ".
15. In article 8, paragraphs 1, 6 and 7, including footnotes 7 and 8
shall be deleted.
Paragraphs 2 to 5 shall be renumbered 1 to 4.
16. In section 8, paragraph 1, including footnote # 3b:
"(1) the operator shall be entitled to open the mail, if
and it cannot be delivered and) at the same time it cannot be return or does not have to be in accordance with
postal contract returned
(b)) is a reason to suspect that contains the thing considered by postal
conditions for a dangerous, or thing, the postal administration is not under
postal conditions allowed,
(c)) has been damaged,
(d)) is a reasonable concern that has occurred or that the delivery could occur
the damage occurs, or
(e)), it is necessary to comply with the obligations imposed on operators
special legislation. ^ 3b)
3B), for example, Act No 246/1992 Coll., on the protection of animals against cruelty,
as amended. ".
17. in § 8 para. 2, the number "2" is replaced by "1".
18. in § 8 para. 2 the words "the Czech Republic is bound, ^ 4)"
replaced by the words "which is part of the legal order of the Czech Republic, ^ 4)."
19. in § 8 para. 2, the words "or under special legislation ^ 5)"
shall be deleted.
20. In § 8 para. 4, the word "open" is replaced by "tours".
21. in § 8 para. 4, the second sentence is replaced by the phrase "when opening must be
protect the facts, which are protected by a special
^ 5) legislation, as well as the protection of mail secret (section 16) and the
postal secrecy ^ 6). ".
22. in section 9, paragraph 1 reads:
"(1) the operator shall be entitled to sell after the expiry of the agreed period
postal consignment or part thereof, if
and) mail cannot be delivered, and at the same time it cannot be return or does not
be in accordance with the contract, or returned mail
(b)) is a reasonable concern that the content of the mail delivery
damaged. ".
23. in article 9, paragraphs 2 and 5 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
24. in section 9 to the beginning of paragraph 2, the following sentence "sell you cannot mail
the consignment, which is under an international agreement that is part of the legal
the order of the United States, ^ 4) inviolable. ".
25. in section 9 to the beginning of paragraph 3, the words "if possible".
26. in § 9 para. 3, the second sentence is replaced by the phrase "unless the net proceeds
issued, the sender has the right to ask for his release within the time limit under section 7
paragraph. 3; After expiry of this period the right to release the net proceeds
and the net proceeds to the operator. ".
27. section 10 and 11, including the following titles:
"§ 10
The destruction of the mail operator
(1) the operator shall be entitled to destroy after the expiry of the agreed period the mail
the consignment or part thereof, if the content of the mail in whole or
invalidate in part.
(2) the operator shall be entitled to (i) before the expiry of the agreed time limit to destroy
postal consignment or part thereof, if it is necessary to ensure
protection of the health of the people.
(3) if there is no sale of mail that cannot be delivered, and
at the same time it cannot be return or does not have to be returned, according to the postal contract
the operator of it after the expiry of the agreed time limit.
(4) the provisions of paragraphs 1 to 3 shall not apply to postal consignment, which
It is under the international agreement, which is part of the legal order of the Czech
Republic, ^ 4) inviolable.
§ 11
The issue remitted a sum of money to the sender
If the amount of cash delivered or ordered returned, the operator of it
shall be paid by the sender, if the consignor shall, within ten years from the
the postal administration; After expiry of this period the right to issue
a sum of money and the money goes to the operator. ".
28. in section 12, paragraphs 1 and 2 shall be added:
"(1) for the loss suffered in the provision of postal services corresponds to the
the operator shall to the extent provided by law and the mail contract.
(2) the operator is responsible only for damage sustained in the period from
the postal administration of the delivery or return. ".
29. in § 12 para. 5, the word "made" is replaced by ", if they have been
performed ".
30. In article 12, paragraph 5 the following paragraph 6 is added:
"(6) the operator is not liable for damage caused by the special nature of the or
vadností the content of the mail. ".
Paragraphs 6 to 8 shall be renumbered 7 to 9.
31. in § 12 para. 7, the words "or the flat-rate compensation pursuant to § 13 para. 6
or 7 "shall be deleted.
32. In § 12 para. 8, the word "may" is replaced by the word "cannot".
33. In article 13, paragraph 2 shall be deleted.
Paragraphs 3 to 7 shall become paragraphs 2 to 6.
34. In § 13 para. 2 the words "pursuant to the postal delivery contract
When submitting a "are replaced by the words" mail at the time and place of its
the postal administration ".
35. In paragraph 13 is at the end of paragraph 2 the following sentence "However, if the negotiated
liquidated damages in the amount of the flat-rate, the operator pays the damages in the amount of
the agreed lump sum. "
36. In § 13 para. 3, the words "in accordance with the postal contract when filing, and
the price that has "are replaced by the words" at the time and place of mailing
Administration, and the price, which should be at the time and place of the postal administration ".
37. In article 13, paragraph 4 reads:
"(4) if the shipper in accordance with your contract stated on the mailing
shipment amount that it appreciates, the damage shall be paid within a maximum of
the amounts. In other cases, the damage shall be borne by no more than the amount of the agreed
in your contract; If such amount was not agreed upon, the amount of compensation is not
limited. ".
38. In article 13, paragraph 5 shall be deleted.
The present paragraph 6 becomes paragraph 5.
39. In article 13, paragraph 5 is added:
"(5) if he proves that the loss, damage, or loss of mail content
the shipment originated willful act employee of the operator or the person
authorized to act for the operator or other persons, that operator
used, or the operator who is a natural person, the compensation shall be
provide in the amount referred to in paragraphs 2 and 3, while to a scope limitation
liability under paragraph 1 or agreed to limit the amount of compensation
the damage referred to in paragraph 4 shall be disregarded. If compensation has been negotiated
in the flat-rate amount referred to in paragraph 2, second sentence, instead of the right to
compensation in a lump sum amount of the claim against the operator shall be entitled to
compensation for the damage referred to in paragraph 2, first sentence. ".
40. in article 15, paragraph 2. 1, the number "3" is replaced by "2".
41. In article 15, paragraph 2. 2, the number "5" shall be replaced by the number "7".
42. section 16, including footnote No. 9a is added:
"section 16 of the
(1) the operator, a person involved in the provision of postal services
and the person exercising the activity pursuant to § 37 (hereinafter referred to as "the recipient of the mail
the secrets ") are required to maintain the confidentiality of the facts
relating to or provided by the postal services provided in
its activities to learn. The knowledge of these facts may be used only
for the purposes of the provision of postal services or activities referred to in section 37;
shall not allow, to bring them illegally to meet another person.
(2) the provisions of paragraph 1 shall not apply to information from which
It is not apparent who the sender was, or who was the addressee.
(3) the recipient of mail secret may disclose information provided by
or provided by the postal service to the sender, addressee, legal
the successors of the sender or the addressee, sender or addressee, representatives
where applicable, other persons, with the knowledge of the sender or addressee
acting in their favour.
(4) to relieve the bearer of mail secret obligations referred to in paragraph 1
can only the consignor, the consignee, the legal successor of the sender or addressee
and a representative of the sender or the addressee.
(5) the contents of the mail operator only when it
Open according to § 8 para. 1.
(6) the provisions of paragraphs 1 to 5 shall not apply to the case where has
postal operator under this Act or under the
special legal regulation ^ 2) the obligation to
and communicate to the persons and authorities), authorized under a special legal
prescription ^ 3a) information provided by or provided by the postal service,
or allow them to obtain this information,
(b)) issued to authorized persons and authorities under a special legal
prescription ^ 3a) mail or remitted an amount of money, or
(c)) make or allow other measures.
(7) the postal operator is obliged to
and on the) issue time necessary for authorized institutions to use
intelligence techniques under a special legal regulation 9a) mail ^ ^
the consignment, or allow them to other measures with regard to postal items,
at the request of the head of that authority or its designee and
conditions stipulated by special legislation, ^ 9a)
b) keep confidential procedure under subparagraph (a)).
9A) for example, § 7 to 12 of Act No. 154/1994 Coll., section 11 to 16 of Act No.
67/1992 Coll., as amended by Act No. 154/1994 Coll. and Act No. 89/1995 Coll. ".
43. section 17 is repealed.
44. section 18 reads as follows:
"section 18
(1) a condition of the operation of postal services is the trade licence
under special legislation. ^ 10)
(2) a condition of the operation of the postal service, the purpose of which is the supply of
the document is also the postal licence or special postal license
under this Act.
(3) the provisions of paragraph 2 shall not apply to
and the postal service provided free of charge),
(b)) at the price of mailing service provided by the greater than or equal to the amount
to be determined by government regulation,
(c)), the postal service, whose purpose is the delivery of the postal items with
a weight greater than or equal weight to be determined by government regulation,
d) postal service, whose purpose is the delivery of mail in
abroad,
e) postal service provided on the basis of an international agreement that
It is part of the legal order of the Czech Republic,
f) postal service, whose purpose is the delivery of the accompanying documents together with the
the things to which they relate, or
g) postal service, which is a statement addressed to a particular person
transported exclusively in other than written form on the Charter.
(4) the Government regulation in accordance with the law of the European
the community "^ 1") the amount referred to in paragraph 3 (b). (b)) and weight according to
paragraph 3 (b). (c)); amount or weight shall not be greater than the
necessary for creating the economic conditions for the proper performance of the
postal obligation. ".
45. section 19 reads as follows:
"§ 19
(1) the content of postal license is
and the obligation to ensure the universal availability of) basic services throughout the
the territory of the Czech Republic (hereinafter referred to as "the postal obligation"),
(b) permission to operate postal services) according to § 18 para. 2 (hereinafter referred to as
"permission").
(2) the Czech Telecommunication Office (hereinafter referred to as "the authority") shall be published in the postal
journal that the postal service and foreign postal services are
due to the needs of the public essential services. "
46. In § 20 paragraph 1 reads:
' (1) on the grant of a license shall be decided by the Office mail, based on written
applications submitted for the challenge of the Authority published in the Postal Bulletin (hereinafter referred to
"the challenge"). The application shall be accompanied by documents proving the fulfilment of the
the conditions pursuant to § 21 para. 1 (b). and) and (c)) and the proposal from the postal terms and conditions
pursuant to § 21 para. 1 (b). (b)). In the invitation, the Office shall, on the basic service
covered by the obligation to mail, and other services that must
the postal license holder to provide under special legal
legislation. ^ 11) ".
47. In § 20 paragraph 3 reads:
"(3) the authority may grant the postal licence for a maximum of five years.
The period for which the license is granted, not mail or in part
interfere with the period for which the license has been granted to another mail. ".
48. sections 21 to 25, including headings and footnotes # 12:
"section 21
The conditions for the granting of the license mail
(1) postal licence, the authority may grant to any person,
and) who is the holder of a trade licence to operate the services
referred to in the invitation,
(b)) which presents a draft postal conditions postal services referred to
in the call, which is likely to ensure that the Office can mail
the terms of the consent; design of postal terms must always
comply with the requirements of the official service of documents according to the Special
legislation,
(c)) that has the technical, organizational, economic and personnel assumptions
to operate the services referred to in the invitation, including ensuring their
general availability throughout the territory of the Czech Republic.
(2) in deciding to grant the licence, the authority shall take into account and mail to
the scope of the existing business of the applicant in the area of postal or other
similar services.
section 22
The granting of the license mail
(1) the decision to grant the postal license Office
and lays down the period) that the postal license grants,
(b)) saves the postal obligation to the extent pursuant to section 20 (2). 1 and grants
mailbox permissions
c) express their consent to the postal terms and conditions postal services referred to
in the call, that an applicant for a license by mail with the exception
price ^ 3)
(d)) provides for additional obligations of the holder of the postal licence, so that the mail
obligation was complied with in the quality, which is necessary in the public interest
(hereinafter referred to as "the basic quality requirements"); the basic qualitative
in particular, the requirements relate to the speed, reliability, and punctuality
basic services, sufficient density service points providing
the postal administration, the opening hours of the premises, delivery and return
the appropriate provision of information about services and how they are
use and rapid and effective consideration of the objections.
(2) the Granted postal licence cannot, without the consent of the Authority transfer to another
person. The authority may agree with the transfer of the licence to another mailbox
person only on condition that this person meets the conditions provided for in § 21 para.
1.
Article 23 of the
Changing your postal license
(1) the authority may, on a proposal from the postal licence holder or on its own
initiative change the scope of postal duties,
a) if required by the public interest in ensuring the availability of other basic
services,
(b)) if it is necessary to comply with the obligations arising from the law
Of the European communities "^ 1"), or to comply with the international obligations of the United
Republic, ^ 12) or
(c)) has lapsed if the reason for the inclusion of some services between basic services.
(2) if the Office of mailing duties range will expand additional mailbox
ask the holder of the postal service to mail the terms of this
the postal service submitted to the Office within the time limit to
consent.
(3) the authority may, on a proposal from the postal licence holder or on its own
initiative change the basic quality requirements,
and if it is) in order to meet the needs of the public, or
(b)) if it is necessary to comply with the obligations arising from the law
Of the European communities "^ 1"), or to comply with the international obligations of the United
Republic. ^ 12)
(4) the authority may on its own initiative, revoke the consent with the postal
the terms of some postal services, covered by the postal
the obligation,
and if it is) in order to meet the needs of the public, or
(b)) if it is necessary to comply with the obligations arising from the law
Of the European communities "^ 1"), or to comply with the international obligations of the United
Republic. ^ 12)
(5) if the authority revokes the consent with the postal terms and conditions, it shall invite the
the postal license holder to submit to the Office within the time limit to
revised postal consent conditions.
(6) the authority may agree with the change of postal terms some
postal services, covered by the postal obligation, if
the postal license holder shall submit a draft of their new version.
(7) the provisions of paragraphs 2, 4, 5 and 6 on the consent of the Office with the
the postal terms and conditions do not apply to the prize. ^ 3)
section 24
The withdrawal of the postal licence
(1) the authority on its own initiative, shall decide on the withdrawal of the postal licence,
If the holder of the postal licence
and no longer meets either of) the conditions under which he was
the postal licence is granted or
b) fulfilling the obligations established by this Act or the decision on the grant of
or amending the postal licence, or does not allow inspection under section 37
paragraph. 2 (a). and it was on), although the possibility of the withdrawal of the postal licence from
for this reason, the Office is notified in writing and has not completed the remedy even in the
a reasonable time limit specified by the Office.
(2) the Office shall decide on the withdrawal of the postal licence if its withdrawal
the holder in writing.
§ 25
The demise of the postal licence
The postal license expires
and end of the period) which has been granted,
(b) the date of cancellation) of the legal person or the death of a natural person, which was
granted,
(c)) on the date laid down in the decision of the authority on the withdrawal of the postal licence under section
24 paragraph 2. 1, or
d) on the date laid down in the decision of the authority on the withdrawal of the postal licence under section
24 paragraph 2. 2, but not later than the expiry of two years from the date of receipt of the request
the withdrawal of the postal licence authority.
12) for example, commitments under the Universal Postal Convention and its
The final Protocol, Agreement on postal financial services, Order
correspondence and its final Protocol, order postal packages
and its final Protocol, of the order of the arrangements for postal money
services and its final Protocol. ".
49. section 26 is added:
"section 26
(1) the authority may grant to one or more of the separate postal licence,
If it has a reasonable concern that the postal licence holder will not be able to
meet its obligations relating to basic services.
(2) the contents of special postal license is
and to ensure general availability) set out the basic
services on a specified territory (hereinafter referred to as "the special postal obligation"),
(b) operate on a specified permission) the territory of the postal services pursuant to section 18 of the
paragraph. 2 (hereinafter referred to as "the special postal privileges"). ".
50. in section 27, paragraph 1 reads:
' (1) on the grant of a special post Office decides on the basis of licenses
written application submitted to his call. The application shall be accompanied by the
the documents showing that the conditions referred to in § 28 para. 1 (b). a) and (c)), and
design of postal terms according to § 28 para. 1 (b). (b)). In the invitation, the Office
presents the basic services that are to be secured, and the territory in which
to be secured. ".
51. In section 27, paragraph 3 reads:
"(3) the authority may grant a special postal licence for a maximum period of three
years. ".
52. section 28 is added:
"section 28
(1) a special postal licence, the authority may grant to any person,
and) who is the holder of a trade licence to operate the services
referred to in the invitation,
(b)) which presents a draft postal conditions postal services referred to
in the call, which is likely to ensure that the Office can mail
the terms of the consent; design of postal terms must always
comply with the requirements of the official service of documents according to the Special
legislation,
(c)) that has the technical, organizational, economic and personnel assumptions
to operate the services referred to in the invitation, including ensuring their
general availability in that territory.
(2) in deciding to grant the licence, the authority shall take into account the special mail and
the scale of the current business of the applicant in the area of postal or
other similar services. ".
53. section 29, including the title reads as follows:
"§ 29
The granting of a special postal license
(1) the decision to grant a special postal license Office
and lays down the period) which is a special postal license grants,
(b) a special postal) saves the obligation to the extent referred to in section 27 para. 1 and
grant special permissions, mailbox
c) express their consent to the postal terms and conditions postal services referred to
in the call, that an applicant for a special postal licence has submitted, with
excluding those, ^ 3)
(d)) sets out the basic quality requirements relating to the implementation of the Special
postal obligation.
(2) a special postal licence cannot be Granted without the consent of the Authority transfer
to another person. The authority may agree with the transfer of specific mail
license to another person only on condition that this person satisfies the conditions
According to § 28 para. 1. ".
54. under section 29 shall be added to § 29a, which including the title reads as follows:
"§ 29a
Change special postal license
(1) the authority may, on application of the holder of a licence or of a special postal
its own initiative, alter the basic quality requirements,
and if it is) in order to meet the needs of the public, or
(b)) if it is necessary to comply with the obligations arising from the law
Of the European communities "^ 1"), or to comply with the international obligations of the United
Republic. ^ 12)
(2) the authority may on its own initiative, revoke the consent with the postal
the terms of some postal services, which are covered by a specific
postal obligation,
and if it is) in order to meet the needs of the public, or
(b)) if it is necessary to comply with the obligations arising from the law
Of the European communities "^ 1"), or to comply with the international obligations of the United
Republic. ^ 12)
(3) where the authority revokes the consent with the postal terms and conditions, it shall invite the
the holder of a special postal licence to submit within the prescribed period
The authority to consent revised postal conditions.
(4) the authority may agree with the change of postal terms some
the postal service, is the subject of a special postal obligation,
If the holder of a special postal licence shall submit a draft of their new
the text of the.
(5) the provisions of paragraphs 2, 3 and 4 of the consent of the authority with
the postal terms and conditions do not apply to the prize. ^ 3) ".
55. section 30 to 32, including the following titles:
"section 30
The withdrawal of a special postal license
(1) the authority on its own initiative, shall decide on the withdrawal of a special postal
the licence, if the holder of a special postal license
and no longer meets either of) the conditions under which he was
Special postal licence is granted or
b) fulfilling the obligations established by this Act or the decision on the grant of
or a special postal licence, or does not allow control by
§ 37 para. 2 (a). and it was on), although the possibility of withdrawal of a special postal
the license for this reason, the Office notified in writing and has not completed the remedy
or within a reasonable period specified by the Office.
(2) the Office shall decide on the withdrawal of a special postal licence if its
the withdrawal of the holder in writing.
section 31
The demise of a special postal license
Special postal license expires
and end of the period) which has been granted,
(b) the date of cancellation) of the legal person or the death of a natural person, which was
granted,
(c)) on the date laid down in the decision of the authority on the withdrawal of a special postal
a licence pursuant to § 30 para. 1, or
d) on the date laid down in the decision of the authority on the withdrawal of a special postal
a licence pursuant to § 30 para. 2, but not later than the expiry of one year from the
the date of receipt of the request for withdrawal of a special postal licence authority.
§ 32
Publication of decision
The decision to grant, modify, and withdrawal of the postal license and the communication of its
the demise of, decisions on the granting, modification and withdrawal of special postal license
and the communication of its demise, the basic quality requirements, as well as
the mailing conditions with which the agreement, the authority shall publish in the postal
journal. ".
56. the heading of title V shall read: "the rights and OBLIGATIONS of the HOLDER of the POSTAL license and the
THE HOLDER OF A SPECIAL POSTAL LICENCE ".
57. section 33 and 34, including the following titles:
"§ 33
Obligations of the holder of the postal licence
(1) the holder of a postal license is obliged to
and) perform the postal obligation in a manner that is in accordance with the needs of
the public and the basic quality requirements, including continuous
the provision of information about services and how to use them,
(b)) to offer postal services, covered by the obligation of the postal
According to the postal terms and conditions, with which the authority gave its assent.
(2) the holder of the licence may not mail temporarily to perform the duties referred to in
paragraph 1 (b). and prevents it), if the obstacles that alone did not induce and
which could not even when proper care to prevent, in particular, the customer
technical issues, consequences of natural events, the lack of the necessary
the synergy of other persons or the consequences of a crisis situation. The holder of the postal
the license is, however, obliged to act so that the fulfilment of the obligations was
limited to a minimum and that the obstacles were removed as soon as possible.
(3) the holder of the licence may not provide mail postal service, which
postal obligation applies, if its disclosure was in
as a result, that any of the requirements referred to in section 6 (1). 2 (a). and) has not been
fulfilled, elaborate, or would it be associated with a risk for him
other serious consequences.
(4) it is not permissible to unjustified advantage or disadvantage
some of the basic service. Negotiation of the derogations from the rights and
obligations or their replenishment in accordance with § 6 para. 5 must not lead to
the unjustified advantage for a particular sender as against other persons interested in
core services.
(5) the holder of a postal license is required to lead in a way that provides for
Office, ongoing records of their costs associated with the operation of
each of the services covered by the postal obligation. The rules,
that suggests the postal licence holder, according to which the costs will be
common to several activities of the holder of the postal license assigned
each of the services covered by the postal obligation to require the
its approval by the authority. The postal license holder must ensure
that compliance with these rules will be verified by a person professionally once a year
qualified and independent of the postal licence holder; This person must
be approved by the authority. The results of this verification, the Office shall publish in the postal
journal.
§ 34
Obligations of the holder of the special postal license
(1) the holder of a special postal license is required to
and perform specific postal obligation) in a manner that is in accordance with the
the needs of the public and with the basic quality requirements, including
continuous provision of information on basic services, which are
covered by the specific postal obligation, and how their use,
(b)) to offer postal services, which are covered by special mail
the obligation, according to the postal terms and conditions, with which the authority gave its assent.
(2) the holder of a special postal licence may temporarily to perform the duties
referred to in paragraph 1 (b). and prevents it), if the obstacles to itself
administered and which could not even when proper care to prevent, in particular,
not due to technical problems, the consequences of natural events, the lack of
the necessary synergies of other persons or the consequences of a crisis situation. The holder of the
Special postal license is, however, obliged to act so that the performance of
duty was limited to a minimum and to obstacles as soon as possible
deleted.
(3) the holder of the licence may not provide special postal mail
the service is the subject of a special postal obligation if its
the provision was due to the fact that any of the requirements under section 6 (1).
2 (a). and has not been fulfilled, disproportionately) complicated, or would it be for him
associated with the risk of other serious consequences.
(4) it is not permissible to unjustified advantage or disadvantage
some of the basic service. Negotiation of the derogations from the rights and
obligations or their replenishment in accordance with § 6 para. 5 must not lead to
the unjustified advantage for a particular sender as against other persons interested in
core services. ".
Footnotes 13 and 14 shall be deleted.
58. under section 34 shall be added to § 34a, which including the title reads as follows:
"§ 34a
Prices of basic and additional services
(1) the authority to regulate the prices based on the prices under control
a special law, ^ 3) and that the price of basic services, which are covered by
postal obligation and duty, and special mail services with
their provision attached to it (hereinafter referred to as "Basic and supplementary services"),
economically justified costs associated with the provision of those services;
When prices are taken into account to ensure that prices were generally
acceptable and that provided by the basic and additional services should
access all leads.
(2) the prices of the basic and additional services must be established in a manner
from which it would be clear how they were created.
(3) the prices of core and ancillary services, the use of which is tied to the
special conditions must take into account the cost savings resulting from the
the fulfilment of these special conditions. The special conditions referred to in the first sentence,
must be listed in the mailing conditions.
(4) costs incurred in the provision of postal services pursuant to § 18 para.
2 and the services that are associated with their provision shall not be
screened in the prices of other basic and ancillary services. ".
59. In § 35 para. 1 the first and second sentence, the words ' the Ministry ' shall be replaced by
the words "Department of computer science".
60. In § 35 para. 4, the words "postal conditions" shall be replaced by
"the contract".
61. The heading of title VII is inserted: "ADMINISTRATION and control".
62. section 36 and 37, including headings and footnotes, no 14a:
"§ 36
State administration in the field of postal services
The Ministry of Informatics of the State administration in the field of postal
services, with the exception of the authority conferred by this Act.
§ 37
Activities Of The Office
(1) the authority shall ensure that the holder of the postal license and the holders of special
the postal license
and the postal obligation) and a special postal obligation according to
section 33 and 34,
(b)) offer the postal services, which are covered by the postal obligation and
Special postal obligation, according to the postal terms and conditions, with which the Office
its assent,
(c)) has another obligation imposed on them by this Act.
(2) acts of supervisors referred to in paragraph 1 is effected by the Office of its own motion
or on the initiative of the person whose interest is the provision of and ensuring
basic services the postal licence holder or a holder of a special
the postal license. Supervisory operations shall be carried out
and the implementation of State control, a) ^ 14a)
(b)) using the knowledge acquired in a different way.
(3) the authority shall also
and an opinion to disputes) regarding the provision of and ensuring
basic services the postal licence holder or a holder of a special
postal licences was asked if it is to resolve the dispute
needed,
(b)), at least once a year publish, in an appropriate manner, including publication in the
The post journal, a comprehensive report on the implementation of the obligations imposed
the holder of the postal license and this license holders of special postal
by law,
(c)), the other measures in the interest of the proper provision of and ensuring
basic services,
(d)) shall carry out other tasks entrusted to it by this Act,
e) cooperate with the Commission of the European communities in respect of matters
postal services.
14A) Act No. 553/1991 Coll. on State control, as amended
regulations. ".
63. under section 37, the following new section 37a to 37 c, which including title and
footnotes # 14b and 14 c are added:
"Administrative offences
§ 37a
(1) a legal person or a natural person-entrepreneur ^ 14b) which violates
the provisions of this Act by
and) provides a service whose purpose is to release the documents in advance of the specified
a person, or a service to offer, otherwise than under this Act, or
b) operates postal service, whose purpose is the delivery of the document, without
the mail permissions and without special permission, post office
the amount of the fine will be saved to 2 000 000 CZK.
(2) the holder of the postal licence,
and does not comply with the obligation or mail) it in a way that is not in the
accordance with section 33,
(b)) provides mail services, covered by the obligation of the postal
the mailing conditions with which the Office voiced consent, or
(c)) does not ensure the verification according to § 33 para. 5 through an approved person
or such person for approval by the Office does not propose the time limit set
By the Office,
the amount of the fine will be saved to 2 000 000 CZK.
(3) the holder of a special postal licence,
and special postal obligation fails) or fulfilling in a way that is not
in accordance with section 34, or
b) offers postal services, which are covered by special mail
the obligation, according to the postal terms and conditions, with which the Office voiced consent,
the amount of the fine will be saved to the 500 000 CZK.
§ 37b
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, to the extent of such behaviour and its consequences.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offenses under § 37a hears the authority.
(5) The liability for the acts, which took place in the business
person ^ 14b) subject to the provisions of the law on liability and penalties
of the legal entity.
(6) the Fines collected and enforced by the locally competent Authority territorial tax authority.
Income from fines is the State budget revenue.
(7) when the collection and recovery of fines imposed shall follow the procedure referred to in
special legislation. ^ 14 c)
§ 37 c
(1) a natural person has committed the offence by
and destroys, damages,) them, or unlawfully removes or moves
is intended for mail submission or delivery, or
(b)) as the sender will endanger the health of the people giving the operator to
the provision of a postal service mail,
1. the content of which is, according to postal conditions considered to be unsafe,
without compliance with the compulsory special scheme for postal
terms and conditions or any additional requirements of the postal terms and conditions,
or
2. the content of postal terms is not allowed.
(2) for the offense referred to in paragraph 1 (b). and you can save) a fine up to 10
USD, for the offense referred to in paragraph 1 (b). (b)) a fine up to 20,000
CZK.
14B) § 2 (2). 2 of the commercial code.
14 c) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
64. In article 38, paragraph 1 reads:
' (1) on the activities of the Ministry of Informatics according to § 35 and on the activities of the Office
in accordance with § 37 para. 3 (b). and (c))) and the administrative code ^ 15) does not apply. ".
65. In § 38 paragraph 1(a). 2, after the words "special postal licence ' shall be
the words "and against the decision to change the postal licence or special
the postal license ".
66. In paragraph 39, the words "this Act" are replaced by the words "in article 4 through 15 of this
the law ".
67. section 40 reads as follows:
"§ 40
(1) the Office publishes the journal Mailbox. Office exposes the Postal journal also
manner allowing remote access.
(2) everyone has the right to access the postal journal
and the establishment of the holder in any) postal licence, which
offered by the postal service, covered by the obligation of the postal
(b)) in any premises of the holder of a special postal licence, in which
postal services are offered, which are covered by special mail
duty. ".
68. section 41 is repealed.
Article II
Transitional provisions
1. until the publication of the basic service pursuant to section 19 para. 2 of the law on
postal services, but within 3 months from the date of entry into force of
This Act, for the basic services the postal service by
Decree No. 286/2004 Coll., which sets conditions for mailing
basic services and basic quality requirements in their provision of
the postal license holder (the Decree on basic services, the holder of the
the postal license), and foreign postal services, which is
the international obligation of the United States.
2. pending the consent with the terms of the postal services, the postal
covered by the postal obligation, by the Office, but within 3 months
from the date of entry into force of this Act, the postal terms and conditions pursuant to section
33 para. 1 (b). (b)) of the Act on postal services mail shall be deemed to
the conditions that are in accordance with Decree No. 283/2004 Coll.
3. pending the determination of the basic qualitative requirements of the Office, the longest
However, within 3 months from the date of entry into force of this Act, the basic
qualitative requirements according to § 33 para. 1 (b). Postal Act)
services shall be considered as the basic requirements of quality in the provision of basic
services under part III of the Decree No. 283/2004 Coll.
4. until the decision of the authority under section 33 para. 5 of the law on postal
services remain in effect the decision of the Ministry of Informatics
made pursuant to § 34 paragraph 1. 3 of the Act on postal services in
the text of the.
5. postal licences and special postal licence granted pursuant to the existing
the legislation remain in force.
6. the administrative procedure for granting consent, which was initiated before the date of
the acquisition of the effectiveness of this Act and which has not yet been completed, the day on
entry into force of this Act.
7. Other administrative proceedings under the existing legislation, which was
initiated before the date of the acquisition of the effect of this Act and which has not yet been
terminated, completes the Office.
Article. (III)
Regulation (EEC)
Shall be repealed:
1. Decree No. 227/2000 Coll., which provides for the mode of proof
financial capacity to start and operation of basic services
the postal license holder.
2. Decree No. 283/2004 Coll., which sets conditions for mailing
basic services and basic quality requirements in their provision of
the postal license holder (the Decree on basic services, the holder of the
the postal license).
Article IV
The publication of the full text
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 29/2000 Coll. on postal services and on amendments to certain laws
(Act on postal services), as derived from the laws of it changing.
PART TWO
Amendment of the Act on the establishment of ministries and other central bodies of the State
administration of the Czech Republic
Article. In
Act No. 2/1969 Coll., on establishment of ministries and other central bodies
the State administration of the Czech Republic, as amended by law No 34/1970 Coll., Act
No 60/1988 Coll., Act No. 173/1989 Coll., legal action 9/1990
Coll., Act No. 126/1990 Coll., Act No. 202/1990 Coll., Act No. 288/1990
Coll., legal measures no. 305/1990 Coll., Act No. 576/1990 Coll., Act
No 173/1991 Coll., Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act
No 23/1992 Coll., Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act
No. 241/1992 Coll., Act No. 350/1992 Coll., Act No. 357/1992 Coll., Act
No 359/1992 Coll., Act No. 478/1992 Coll., Act No. 555/1992 Coll., Act
No. 21/1993 Coll., Act No. 166/1993 Coll., Act No. 283/1993 Coll., Act
No 47/1994 Coll., Act No. 89/1995 Coll., Act No. 289/1995 Coll., Act
No 135/1996 Coll., Act No. 272/1996 Coll., the Act No. 152/1997 Coll., Act
No. 15/1998 Coll., Act No. 148/1998 Coll., Act No. 63/2000 Coll., Act
No. 130/2000 Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act
No. 239/2000 Coll., Act No. 257/2000 Coll., Act No. 258/2000 Coll., Act
No. 365/2000 Coll., Act No. 458/2000 Coll., Act No. 257/2001 Coll., Act
No 13/2002 Coll., Act No. 48/2002 Coll., Act No. 218/2002 Coll., Act
No 517/2002 Coll., Act No. 62/2003 Coll., Act No. 161/2003 Coll., Act
No 18/2004 Coll., Act No. 362/2004 Coll., Act No. 421/2004 Coll., Act
No 499/2004 Coll., Act No. 501/2004 Coll. and Act No. 585/2004 Coll.,
be amended as follows:
1. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following
paragraph 12, which reads as follows:
"12. the Czech Telecommunication Office.".
2. in section 18 is replaced with a comma at the end of a period and the following words "
the exception of the things entrusted to the competence of the Czech telecommunications
Office. ".
PART THREE
Amendment of the Act on telecommunications
Čl.VI
Act No. 151/2000 Coll. on telecommunications and amending other laws, in
amended by Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.
205/2002 Coll., Act No. 309/2002 Coll., Act No. 517/2002 Coll., Act No.
225/2003 Coll., Act No. 441/2003 Coll., Act No. 53/2004 Coll. and Act No.
167/2004 is amended as follows:
1. In article 3, paragraph 3. 1, the words "as an Administrative Office for the performance of State administration
including regulation in matters of telecommunications "shall be deleted.
2. In paragraph 3, at the end of paragraph 1, the following sentence "the Office is the administrative and
regulatory authority in matters of telecommunications and postal services. ".
PART FOUR
Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices
Article. (VII)
Law No. 266/1991 Coll., on the scope of the authorities of the Czech Republic in the area of
prices, as amended by Act No. 135/1994 Coll., Act No. 151/1997 Coll., Act No.
151/2000 Coll., Act No. 458/2000 Coll., Act No. 320/2002 Coll. and act
No 354/2003, is amended as follows:
1. In section 2b, paragraph 1. 1 the words "and in international postal traffic"
shall be deleted.
2. In section 2b, paragraph 1. 2 at the end of subparagraph (b)) is replaced by a comma and dot
the following point (c)), including footnote No 1 is added:
"(c)) shall, when applying the scope, regulation and control the prices
postal services abroad and the services associated with the provision of
postal services abroad and foreign postal services. ^ 1)
1) § 1 (1). 2 and § 2 (b). I) Act No. 29/2000 Coll. on postal
services and on amendments to certain acts (the Act on postal services), in
amended by Act No 95/2005 Coll. ".
PART FIVE
Amendment to the Trade Licensing Act
Article. (VIII)
In Act No 455/1991 Coll., on trades (trade licensing
Act), as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act
No 600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act
No 38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 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. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 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. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 100/2001 Coll., Act No. 120/2001 Coll., Act No.
164/2001 Coll., Act No. 257/2001 Coll., Act No. 273/2001 Coll., Act No.
477/2001 Coll., Act No. 483/2001 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. 312/2002 Coll., Act No. 320/2002 Coll., the award
The Constitutional Court declared under no. 476/2002 Coll., Act No. 88/2003 Coll.
Act No. 130/2003 Coll., Act No. 161/2003 Coll., Act No. 222/2003 Coll.,
Act No. 228/2003 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll.,
Act No. 441/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll.
Act No. 167/2004 Coll., Act No. 256/2004 Coll., the Act No. 326/2004 Coll.
Law No. 499/2004 Coll., Act No. 695/2004 Coll. and Act No. 58/2005 Coll.
in annex No. 2 TRADE Group 214-BOUND "Operation
the postal service "is deleted.
Article. (IX)
Transitional provisions
The current license with the subject "Hosting
postal services ", which continued the effective date of this Act,
remain in force and shall be deemed authorized to engage in the free
"the operation of postal and non-postal services".
Trade Office makes a change to the name of the business on the card
trade licence on request of the entrepreneur or the first time
notified pursuant to section 49 of the Trade Act. Announcement of business reporting
bound "the operation of postal services" Trade Office Inbox
before the date of entry into force of this Act, for which the procedure has not yet been
terminated, will be discussed by the new legislation.
PART SIX
Changing the law on misdemeanors
Article. X
In Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992
Coll., Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993
Coll., Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 84/1995
Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 288/1995
Coll., Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999
Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000
Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000
Coll., Act No. 366/2000 Coll., Constitutional Court declared under no.
52/2001 Coll., Act No. 164/2001 Coll., Act No. 254/2001 Coll., Act No.
265/2001 Coll., Act No. 273/2001 Coll., Act No. 273/2001 Coll., Act No.
312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.
78/2002 Coll., Act No. 218/2002 Coll., Act No. 259/2002 Coll., Act No.
285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003 Coll., Act No.
47/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll. and Act No.
559/2004 Coll., section 36 is repealed.
PART SEVEN
The EFFECTIVENESS of the
Article. XI
This Act shall take effect on the first day of the second calendar month
following the date of its publication, with the exception of article. III (2),
shall take effect on the first day of the fifth calendar month following
After the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
