Amendment Of The Act On Postal Services And Some Other Laws

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

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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.

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