Postal Law (PostG)

Unofficial table of contents

PostG

Date of completion: 22.12.1997

Full quote:

" Postal Law of 22 December 1997 (BGBl. 3294), as last amended by Article 453 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status:

Last amended by Art. 453 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1998 + + +) 

  

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Content Summary

Section 1
	General provisions
§ 1		Purpose of the law
§ 2		Regulation
§ 3		Scope
§ 4		Definitions
Section 2
	Licenses
§ 5		Licensed Area
§ 6		Grant of the licence
§ 7		Transfer of the license
§ 8		Fees and expenses for licensing
§ 9		Revocation of the license
§ 10		Structural separation and separate accounting
Section 3
	Universal service
§ 11		Concept and scope of universal service
§ 12		Ensuring universal service
§ 13		Imposition of universal service obligations
§ 14		Tendering of services
§ 15		Equalization Performance
§ 16		Equalisation levy
§ 17		Sales Releases
Section 4
	Framework conditions for postal services
§ 18		Postal Service Regulation
Section 5
	Rate regulation
§ 19		Charges requiring approval
§ 20		Standards of fee approval
Section 21		Types and procedures for release approval
Section 22		Decision on the payment authorisation
Section 23		Deviation from approved charges
§ 24		Subsequent verification of authorised charges
Section 25		Verification of non-approval charges
Section 26		Arrangements within the framework of the fee-approval and payment verification
§ 27		Change of General Terms and Conditions of Business
Section 6
	Offer of partial services, access to post office facilities and address changes
§ 28		Offer of partial services
§ 29		Access to post office facilities and address changes
§ 30		Obligation to pay for contracts
Section 31		Closure and arrangements of the regulatory authority
Section 32		Special attention to abuse
Section 7
	Formal notification under public law
§ 33		Obligation to deliver formal notification
Section 34		Remuneration for formal delivery
§ 35		Liability in the implementation of formal notification
Section 8
	Obligation to notify, reporting obligation, liability for damages
§ 36		Notification duty
Section 37		Reporting obligation
§ 38		Liability for damages
Section 9
	Postal secrecy, data protection
§ 39		Post-secrecy
§ 40		Notifications to courts and authorities
Section 41		Data protection
§ 42		Control and enforcement of commitments
Section 10
	Post-value character, regulatory authority
Section 43		Post-value character
Section 44		Regulatory authority
§ 45		Right of examination and examination
Section 46		Decision-making chambers
§ 47		Activity Report
§ 48		Cooperation with the Federal Cartel Office
Section 11
	Fines
§ 49		Fines
§ 50		Competent authority
Section 12
	Transitional provisions
Section 51		Limited-term exclusive license
Section 52		Universal service obligation in the period of the statutory exclusive licence
Section 53		Release approval in the period of the statutory exclusive licence
§ 54		Use of postage stamps during the period of the legal exclusive licence
§ 55		Regulation on the restriction of the prohibition of transport
Section 13
	Final provisions
§ 56		Obligation to take part in the provision of services in the field of universal service
Section 57		Transfer provisions
Section 58		Entry into force, external force

Section 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

The purpose of this law is to promote competition through regulation in the field of postal services and to provide adequate and adequate services throughout the country. Unofficial table of contents

§ 2 Regulation

(1) The regulation of the postal system is a sovereign task of the federal government. (2) The objectives of regulation are:

1.

the protection of the interests of customers and the maintenance of the secrecy of the postal service,

2.

ensuring a competitive and effective competition, including in the area, in the markets of the postal sector,

3.

ensuring universal universal service of postal services at affordable prices (universal service),

4.

respect for the interests of public security,

5.

the consideration of social issues.

(3) The law against restrictions on competition shall remain unaffected. Unofficial table of contents

§ 3 Scope

This Act also applies to postal services with foreign countries, in so far as international agreements and the laws and legal regulations which have been carried out in order to implement them determine something else. Unofficial table of contents

§ 4 Definitions

The following definitions shall apply to this Act:

1.

Postal services within the meaning of this Act are the following services provided by the following commercial services:

a)

the transport of letters,

b)

the transport of addressed packets, the individual weight of which does not exceed 20 kilograms, or

c)

the transport of books, catalogues, newspapers or periodicals to the extent that they are carried out by undertakings providing postal services as referred to in (a) or (b).

2.

Letters are addressed in written form. Catalogues and periodicals such as newspapers and periodicals are not written in the sense of the first sentence. Communications which do not refer to the addressee by name but are merely provided with a collective name of an apartment or a place of business shall not be addressed in the sense of the sentence 1.

3.

Transport is the collection, forwarding or delivery of postal items to the recipient.

4.

Commercial delivery of postal services is the sustainable operation of the transport of mail for others with or without the intention to profit from profit.

5.

Postal items shall be items within the meaning of point 1, including as far as they are carried on business.

6.

Each company is dominant in the market, which is to be regarded as dominant in accordance with Article 18 of the Law on Competition Restrictions.

Section 2
Licenses

Unofficial table of contents

§ 5 Licensed Area

(1) A permit (licence) shall be required for the commercial carriage of letters of no more than 1,000 grams of individual weight. (2) A licence referred to in paragraph 1 shall not be required to:

1.

A letter of correspondence shall be carried by the person who has been granted a licence pursuant to paragraph 1,

2.

Consignments which are attached to another consignment and which relate solely to their content;

3.

Letter broadcasts in such a way that, in the interests of rapid and reliable transport on the way from the sender to the consignee, individual, proven consignments are constantly accompanied by the consignee and the accompanying person has the possibility to to access the individual consignment and to meet the required dislocations (courier service).

Unofficial table of contents

§ 6 Grant of the licence

(1) The licence shall be issued by the regulatory authority in written form upon written application. The applicant shall designate the territory in which the licensed activity is to be carried out. The licence shall be granted if there is no reason for the failure to give effect to paragraph 3. The regulatory authority is to decide on licence applications within six weeks. (2) The regulatory objectives according to § 2 para. 2 shall be taken into account in the licensing department. In order to ensure that these regulatory objectives are met, the licence may be accompanied by additional provisions, even after the licence has been issued. At the request of the licensee, the regulatory authority shall waive a secondary provision if the conditions for it are eliminated. (3) The licence shall be refused if:

1.

justify the assumption that the applicant does not possess the required capacity, reliability or expertise in the exercise of the rights of the licence,

2.

Justify the assumption that the inclusion of a licensed activity would endanger public safety or order,

3.

Facts of the case justify the assumption that the applicant does not substantially fall below the essential working conditions which are common in the licensed area.

The required number of

1.

(b) who has the assurance that he/she will be able to provide the means of production and operation of the means of production necessary for the exercise of the rights of the licence;

2.

the reliability of who guarantees that he will comply with the legislation as a licensee,

3.

Who has the responsibility to ensure that the persons involved in the exercise of the rights of the licence will have the necessary knowledge, experience and skills.

Unofficial table of contents

§ 7 Transfer of the licence

(1) A transfer of the licence shall be subject to the written form and the prior consent of the regulatory authority. The consent shall be refused under the conditions set out in Section 6 (3). (2) In the event of death of the licensee, § 46 of the Gewerbeordnung shall apply. The competent authority within the meaning of Section 46 (3) of the Commercial Code shall be the regulatory authority. If the business is to be continued by a deputy, this shall be notified to the regulatory authority without delay. (3) If a capital company is granted a licence, then anyone who acquires shares or shares of the company shall have acquired a licence. in this way, the regulatory authority shall immediately notify the regulatory authority of more than ten of the hundreds of shares or shares of the company. Unofficial table of contents

§ 8 Fees and Deposits for Licensing

Fees and levies are levied on the decision to grant a licence and consent to the transfer of a licence. Fees and charges shall also be levied if an application for a licence or a licence for the transfer of a licence is withdrawn after the commencement of the factual processing, but before the end of the application. The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Finance and the Federal Ministry of Justice, and for consumer protection by means of a legal regulation which does not the approval of the Federal Council requires that the amount of the fees be regulated in accordance with the Federal Law on Fees. Unofficial table of contents

§ 9 Revocation of the licence

(1) A licence may also be revoked in whole or in part by the regulatory authority beyond the grounds referred to in § 49 of the Administrative Procedure Act, if the licensee is in accordance with his obligations under this Act or on a (2) A revocation referred to in paragraph 1 shall not be permitted until the licensee of a request by the regulatory authority to comply with his obligations shall not be within the limits of his or her obligations under the law. Deadline has been given. Unofficial table of contents

Section 10 Structural Separation and Separation of Accounts

(1) Companies which are dominant in markets other than a market for postal services, must provide postal services in one or more legally independent undertakings to which essential business enterprises are: (2) Companies that are dominant in a market for postal services have the ability to make the financial relationship between postal services within the licensed area under the control of the market. To ensure the creation of a separate accounting system. The same applies to the financial relationships between postal services in the licensed and postal services in the unlicensed area. The regulatory authority may specify the design of the internal accounting for postal services.

Section 3
Universal service

Unofficial table of contents

§ 11 Concept and scope of universal service

(1) Universal services are a minimum set of postal services as defined in § 4, no. 1, which are provided in a specific quality and at an affordable price. The universal service is limited to licensed postal services and postal services, which can be provided at least in parts in terms of the transport of postal services subject to licence. It comprises only those services which are generally regarded as indispensable. (2) The Federal Government is authorized to act in accordance with the provisions of paragraph 1 by means of a decree-law which requires the consent of the Bundestag and the Bundesrat. the scope of the universal service. The definition of universal services must be adapted to the technical and social development of demand. The legal regulation also provides for the minimum quality of services, including quality characteristics for the acceptance and delivery network (letterboxes, institutions in which contracts for letter or parcel transport services are available). shall be able to be completed and settled, and for the duration of the letter of correspondence and the standards for determining the price of a universal service. The regulatory authority shall have the power to decide on compliance with these standards. The consent of the Bundestag shall be deemed to have been granted if the Bundestag has not refused consent within three weeks of the meeting after receiving the submission of the Federal Government. Unofficial table of contents

§ 12 Warranty of universal service

(1) If it is established or is to be obtained that a universal service in accordance with § 11 is not provided sufficiently or adequately, each licensee whose turnover in the licensed business segment in the previous calendar year is more than 500,000 Euro (2) Paragraph 1 shall apply accordingly to a licensee who forms a single undertaking with another licensee. A uniform company is created by any combination of companies within the meaning of Section 23 (1) sentence 2, para. 2 and 3 of the Act against restrictions on competition. Unofficial table of contents

Section 13 imposition of universal service obligations

(1) If it is established or is to be obtained that a universal service is not sufficiently or adequately provided, the regulatory authority shall publish a statement in this regard in its Official Journal. It announces that it shall act in accordance with paragraphs 2 to 4 and § § 14 to 17 provided that no company agrees to provide the universal service without compensation in accordance with § 15 within one month of the publication. (2) After expiration the period referred to in paragraph 1 may require the regulatory authority of one of the undertakings referred to in Article 12 to provide the universal service. The obligation may be imposed only on a licensee who provides postal services which are subject to a licence on the relevant geographic or geographic market and which is dominant on the market. (3) Where several licensees jointly dominate the market, the regulatory authority may, after consulting the relevant licensees, require one or more of these licensees to provide the universal service. (4) The provisions of paragraphs 2 and 3 shall apply mutaly to an undertaking operating on a market referred to in paragraph 2 of this Article; and which constitutes a single undertaking by a licensee in accordance with paragraph 2 or 3. A single company is created by any combination of companies within the meaning of section 23 (1) sentence 2, para. 2 and 3 of the Act against restrictions on competition. (5) Companies that are responsible for the provision of universal service in accordance with the Paragraphs 2 or 3, or pursuant to Article 14 (2), may be required by the regulatory authority for cooperation. § 31 shall apply accordingly. The regulatory authority may also determine the conditions of cooperation in accordance with Article 31 (2) and order its binding force if the undertakings are not engaged in any negotiations or in the event of non-agreement thereof, to call the regulatory authority as a settlement body. Unofficial table of contents

Section 14 Call for tender for services

(1) A company which is to be obliged to provide a universal service in accordance with Article 13 (2) or (3) shall, on reasonable grounds and in a sufficiently credible manner, demonstrate that the undertaking shall have an economic obligation to provide a universal service. In the event of a disadvantage and could require compensation in accordance with § 15, the regulatory authority shall issue the service which causes the disadvantage to be issued. The regulatory authority may depart from an invitation to tender if an invitation to tender does not appear to be appropriate. (2) The service provided shall be awarded to those capable, reliable and knowledgeable candidates who shall: (3) If an obligation pursuant to Article 13 (2) or (3) is not possible, the universal service shall be announced in accordance with paragraph 1. (4) Before the call for tenders for a universal service referred to in paragraph 1 or 3 has the regulatory authority to determine in detail which Universal service in which area or where it is to be performed and according to which criteria the required performance, reliability and technical expertise of the provider is evaluated. The regulatory authority shall also lay down the rules for the implementation of the tendering procedure in detail, which must be objective, comprehensible and non-discriminatory. Unofficial table of contents

§ 15 Compensation

(1) A licensee may require compensation from the regulatory authority for the obligation imposed on him pursuant to section 13 (2) or (3) if he proves that the long-term additional costs of the efficient provision of the the required service, including an appropriate return on the capital used, to exceed the income of the service. The income shall be calculated on the basis of the reasonable prices fixed or to be determined by means of a legal regulation pursuant to Article 11 (2). (2) The balance shall be made after the end of the calendar year in which a deficit in the provision of the Service is provided. The amount of the compensation shall be determined on the basis of the additional long-term costs arising from the provision of the service, including a reasonable return on the capital used, less the amount of the service provided with the service. Yields. In the case of the invitation to tender in accordance with § 14, the regulatory authority shall grant compensation in accordance with the results of the invitation to tender. Unofficial table of contents

Section 16 Countervailing charge

(1) If the regulatory authority provides compensation in accordance with § 15, any licensee whose turnover in the calendar year for which compensation is granted shall be more than EUR 500,000 shall be obliged to do so by the regulatory authority. contribute to the compensation provided by a countervailing charge. The amount of the levy shall be determined in accordance with the ratio of the licence of the licensee to the sum of the turnover of all the licensees committed under the terms of the first sentence. Turnover within the meaning of the first and second sentences is exclusively the turnover achieved in the licensed business sector. (2) After the end of the calendar year for which compensation is granted in accordance with § 15, the regulatory authority shall set the compensation to be granted and the shares of the licensees contributing to the compensation shall be determined and shall inform the undertakings concerned. The sum of the compensatory obligations shall be equal to the deficit to be equated pursuant to section 15 (1) plus a market-standard interest rate. The interest shall begin on the day following the end of the calendar year referred to in the first sentence. (3) The amounts to be paid by the compensatory companies shall be sent to the regulatory authority within one month from the date of receipt of the notice of arrest. (4) If a licensee obligated under the first sentence of paragraph 1 is unable to obtain the levy payable on him, the loss shall be borne by the other pledges in proportion to the shares to which he is liable. Unofficial table of contents

Section 17 Sales notifications

(1) If an obligation to provide a universal service is made in accordance with § 13 para. 2 or 3 or § 14, the licensees of the regulatory authority shall notify their annual turnover in the licensed range upon request. In the event that the notification is not received, the regulatory authority may estimate the turnover in question. (2) In determining the turnover, Section 23 (1) sentences 2 and 3 of the Act against restrictions on competition shall apply accordingly.

Section 4
Framework conditions for postal services

Unofficial table of contents

Section 18 Postal Services Regulation

(1) The Federal Government is empowered to adopt, with the consent of the Federal Council, framework rules for the use of postal services by means of a legal regulation. The Regulation may, in particular, lay down rules on the conclusion of the contract, the subject-matter and termination of the contracts and the rights and obligations of the parties to the contract and the other parties involved in the postal transport sector, including: (2) Charges and levies shall be levied for the out-of-court dispute settlement procedures in accordance with the Regulation referred to in paragraph 1. The fee for the proceedings is 0.1 percent of the value of the dispute, but at least 25 euros. § § 3 to 9 of the Code of Civil Procedure shall be applied to the determination of the value of the dispute. The dispute settlement body shall decide on the fees at its reasonable discretion, taking into account the provisions of the dispute and dispute. The fixing of fees shall be included in the dispute settlement proposal. Each party shall bear the costs incurred by it by participating in the proceedings. In addition, § § 4 to 6, 8 and 13 to 19, 21 and 23 (5) sentence 1 and 2 as well as paragraph 6 of the Federal Law on Fees as well as Section 9 (2) of the Administrative Costing Act shall be applicable in the version valid until 14 August 2013.

Section 5
Rate regulation

Unofficial table of contents

Section 19 Authorisation in need of approval

Charges levied by a licensee on a market for postal services subject to a licence shall be subject to the authorisation of the regulatory authority, provided that the licensee is dominant on the market in question. The first sentence shall not apply to charges of such transport services, which shall be applied from a minimum supply quantity of 50 mail items. Unofficial table of contents

§ 20 Standards of the EntgeltApproval

(1) Charges requiring approval must be based on the cost of efficient provision of services and comply with the requirements of paragraph 2. (2) Charges may be subject to charges.

1.

do not contain any surcharges which the supplier can impose only on the basis of its dominant position,

2.

do not contain any deductises which have an abusive effect on the competitive potential of other undertakings in a postal service market,

3.

do not give any benefits to any other demand for similar postal services,

unless there is evidence of a legal obligation or other objectively justified reason for doing so. In particular, the costs of compliance with the essential working conditions customary in the licensed area, as well as the cost of a comprehensive supply of postal services and the costs arising from the acquisition of (3) Section 11 (1) and a decree of law issued pursuant to section 11 (2) remain unaffected. Unofficial table of contents

Section 21 Types and procedures for the approval of the charges

(1) The regulatory authority shall approve charges

1.

on the basis of the cost of the efficient provision of services, which is based on the individual service, or

2.

on the basis of the measures it has set for the average rates of change in charges for a basket of combined services.

(2) In the case referred to in paragraph 1 (1), the regulatory authority shall examine, for each individual payment, whether it complies with the requirements of Article 20 (2) (1). In the case referred to in paragraph 1 (2), the requirements of § 20 (2) no. 1 shall be deemed to be fulfilled in the event of compliance with the specified measures. (3) The approval of the charges shall be refused if, in accordance with paragraph 2, the fees are subject to the requirements of § 20 Paragraph 2, No 1, or if they are in breach of other legislation. The authorization shall also be refused if it is clear that the charges do not comply with the requirements of § 20 (2) no. 2 or 3. (4) The Federal Government shall adopt a regulation which does not require the consent of the Federal Council for further details. Provisions relating to the types of approval referred to in paragraph 1 and the conditions under which the regulatory authority shall decide which of the procedures referred to in paragraph 1 shall apply. The provisions of the procedure shall be laid down in the Regulation, in particular the obligation of the licensee to submit documents, the design of the cost statement to be drawn up by the licensee and the obligation of the regulatory authority for the publication of charges. In addition, the constituents and the content of the quantities and baskets referred to in paragraph 1 (2) shall be determined. The rates 1 and 2 shall also apply to the fee check in accordance with § § 24 and 25. Unofficial table of contents

Section 22 Decision on the approval of the charges

(1) The approval of the charges shall be made in writing. If a temporary permit expires, the application for a subsequent approval shall be submitted not later than ten weeks before the deadline. (2) The regulatory authority shall decide on an application for an authorisation within six weeks of receipt of the application. of the application. It may extend the time limit by up to four weeks by notification to the applicant. Within these four weeks, the regulatory authority has to decide on the application for payment. (3) The authorisation may be provided with the secondary provisions referred to in Article 36 (2) of the Administrative Procedure Act. (4) Approved charges are in the Official Journal of the Regulatory Authority. Unofficial table of contents

Section 23 Deviation of approved charges

(1) The licensee is obliged to require only the fees authorized by the regulatory authority. (2) Contracts for services which contain other than the approved charges shall be effective with the proviso that the shall replace the agreed remuneration. In the absence of an approved fee, although the remuneration in accordance with section 19 is in need of approval, the contracts shall be ineffective. (3) The regulatory authority may carry out a contract which contains a fee other than the authorised charge or which is subject to the in accordance with the second sentence of paragraph 2, shall not be effective. Unofficial table of contents

Section 24 Night-time review of approved charges

(1) Where the regulatory authority is aware of facts justifying the assumption that authorised charges do not comply with the standards set out in Article 20 (2) (2) or (3), the regulatory authority shall initiate a review of the charges. It shall inform the undertaking concerned in writing of the initiation of the review. (2) The regulatory authority shall decide within two months of the initiation of the review. (3) The regulatory authority shall establish that the charges under review shall be: shall not comply with the standards laid down in Article 20 (2) (2) or (3), it shall invite the undertaking concerned to adjust the charges without delay to the above-mentioned standards. The request of the regulatory authority shall be published in the Official Journal of the regulatory authority. (4) The regulatory authority shall not comply with any adjustment required by the regulatory authority in accordance with paragraph 3, the regulatory authority shall have the objection to , and to declare the charges ineffectable. Unofficial table of contents

Section 25 Review of charges for non-approval

(1) Where the regulatory authority is aware of facts justifying the assumption that charges which are not in need of approval which a provider requires in a postal service market do not comply with the standards laid down in Article 20 (2), shall be passed on to the regulatory authority. the regulatory authority shall be subject to a review of the charges, provided that the supplier is dominant on the market in question. The regulatory authority shall inform the undertaking concerned of the review in writing. Section 24 (2) shall apply. (2) If the regulatory authority finds that the charges are not in accordance with the standards set out in Section 20 (2), it shall require the company concerned to adapt the charges immediately to the above-mentioned standards. The request of the regulatory authority shall be published in the Official Journal of the regulatory authority. (3) The regulatory authority shall not comply with any adjustment required by the regulatory authority in accordance with paragraph 2, the regulatory authority shall have the objection to , and to declare the charges ineffectable. Unofficial table of contents

Section 26 Orders within the framework of the fee-approval and payment verification

(1) For the purpose of carrying out the fee approval pursuant to § 22 or for the review of charges in accordance with § § 24 and 25, the regulatory authority may order that the provider

1.

the required detailed information on the range of services, the current and expected turnover, the current and expected sales volumes and costs, and the foreseeable impact on customers and competitors,

2.

Other necessary documents shall be made available,

3.

its cost calculation is designed within a reasonable period of time in a form which allows the regulatory authority to obtain the necessary data on costs.

(2) In order to enforce these orders, a periodic penalty payment of up to € 500,000 may be fixed in accordance with the Administrative Enforcement Act. (3) The regulatory authority may prescribe the form in which a payment or a change in charges may be applied. is published. Unofficial table of contents

§ 27 Amendment of the general terms and conditions of the General Terms and Conditions

§ § 19 to 26 are to be applied even if the General Terms and Conditions are changed and, without changing the amounts fixed as charges, for a certain benefit, a charge other than the previously applicable charge for the Application.

Section 6
Offer of partial services, access to post office facilities and address changes

Unofficial table of contents

§ 28 Offer of partial performances

(1) Where a licensee is dominant on a market for a licensed postal service, he shall, in so far as it is requested, offer in that market parts of the transport services provided by him separately, provided that he: it is economically reasonable. In relation to another provider of postal services, the obligation laid down in the first sentence shall apply only if the requesting undertaking is not dominant in the market and if, otherwise, competition in the same or another market is disproportionate to the market would be disabled. The licensee may refuse partial performance if this would endanger the operability of its facilities or the operational safety or, in individual cases, the existing capacities for the performance in demand are exhausted. (2) The Fees for the partial services to be offered in accordance with paragraph 1 shall be subject to the approval in accordance with § § 19 and 20, if the partial services are included in its General Terms and Conditions of Business by the licensee obligated pursuant to paragraph 1. Charges for offers that are not included in General Terms and Conditions shall be subject to the review in accordance with § 25. When approving the charges referred to in the first sentence or the review of the charges set out in the second sentence, account must be taken of the proportionate costs of the entire transport chain. (3) A licensee, as referred to in paragraph 1, shall offer parts of the transport chain provided by the licensee Transport performance separately, without being obliged to do so in accordance with paragraph 1, shall apply in accordance with paragraph 2. Unofficial table of contents

§ 29 Access to post-fax systems and address changes

(1) If a licensee is dominant on a market for a licensed postal service, the licensee is obliged, in so far as this is requested, to provide, on this market, other providers of postal services against payment of a remuneration. To permit the delivery of mail to the mail boxes operated by it, unless it is objectively justified. Article 28 (2) and (3) shall apply mutadenly. (2) Paragraph 1 shall apply mutadenly to the access to the information on address changes available to a dominant licensee. Unofficial table of contents

Section 30The obligation to lay claim for contracts

(1) Contracts for partial services pursuant to § 28 and contracts for the co-use of mail boxes or access to address changes in accordance with § 29 shall be the regulatory authority within one month after the conclusion of the contract from the dominant supplier (2) The regulatory authority shall publish in its Official Journal, when and where charges and other conditions for partial services pursuant to § 28 as well as for access to post-fax systems and address changes pursuant to § 29, which are not in general Terms and conditions may be included. Unofficial table of contents

Section 31 Arbitration and orders of the regulatory authority

(1) Comes between a licensee obligated in accordance with § 28 or § 29 and a post-questioner who wishes to take part in partial services according to § 28 or demands the use of a post office facility or the access to address changes pursuant to § 29 If the contract is not concluded within three months of the claim, the parties may jointly call the regulatory authority as the issuing body. (2) Comes between a licensee obligated pursuant to § 28 or § 29 and a A person who wishes to take part in the partial benefits under section 28 or who has a shared use of If a contract or access to address changes pursuant to § 29 requires a contract not to be concluded within three months after the claim has been asserted, the regulatory authority shall, after taking a case by one of the parties, have within two months define the terms of a contract and order the validity of this contract. (3) § 26 (1) and (2) shall apply mutas. Unofficial table of contents

Section 32 Special abuse of control

The regulatory authority shall have the powers referred to in paragraph 2 in respect of a provider which is dominant on a market in postal services, in so far as that undertaking abusively exploits its dominant market position. In particular, an abuse within the meaning of the first sentence is provided when a dominant provider of postal services through contracts for services in accordance with § § 28 and 29, the competitive opportunities of other providers of postal services without objectively justified reason. (2) The regulatory authority may impose on a company which is in breach of paragraph 1 a conduct or prohibit abusive conduct and declare contracts in whole or in part for an ineffectual situation. The regulatory authority has previously asked the company to put an end to the abuse which has been objected to.

Section 7
Formal notification under public law

Unofficial table of contents

Section 33 Committed to formal service

(1) A licensee who provides letter delivery services shall be obliged to send documents, irrespective of their weight, in accordance with the rules of the process regulations and the laws governing the administration of the documents. In the scope of this obligation, the licensee is endowed with sovereign powers (beliehener contractor). (2) The regulatory authority shall, at the request of the licensee, exempt the licensee from the obligation referred to in paragraph 1 to the extent that: Licensees are not dominant on the market. The exemption shall be excluded if it is to be provided that the formal service referred to in paragraph 1 would no longer be guaranteed in full coverage. The exemption may be revoked if the licensee becomes dominant on the market or if the condition of the sentence 2 is present. The application for exemption may be linked to the application for the grant of the licence. Unofficial table of contents

Section 34 The fee for formal delivery

The obligated licensee is entitled to a fee. This means that all services provided by the licensee, including the official certification and return of the documents of the certification, shall be paid to the office of the receiving agency. The fee shall be in accordance with the standards laid down in Section 20 (1) and (2). Authorisation shall be required by the regulatory authority. The Federal Ministry of Justice and Consumer Protection and the Federal Ministry of the Interior shall be informed without delay of any intention to pay the charges. Unofficial table of contents

Section 35 Liability in the implementation of formal notification

In the event of damage caused by a breach of duty in the performance of the formal service, the licensee is liable in accordance with the rules on the liability of a public service provider for his or her service. Staff in the public sector.

Section 8
Obligation to notify, reporting obligation, liability for damages

Unofficial table of contents

§ 36 Display obligation

Those who provide postal services without requiring a licence shall notify the holding, modification and termination of the holding in writing within one month of the regulatory authority. The regulatory authority may publish the notifications received in its Official Journal. Unofficial table of contents

§ 37 Reporting obligation

Those who provide postal services shall, at the request of the regulatory authority, make available to the regulatory authority the information which the latter, as the national regulatory authority, shall provide to the Commission in order to fulfil its obligation to report to the Commission. Whereas the European Community requires Directives to be adopted in accordance with Article 90 (3) or Article 100a of the Treaty establishing the European Community; Unofficial table of contents

§ 38 Claims for damages

Any person who intentionally or negligently violates this law, a decree issued under this Act, a licence relating to a licence, or any other order of the regulatory authority, shall be provided, provided that the law, which is the subject of The obligation to protect another person, or the order, shall be required to replace the damage caused by the infringement.

Section 9
Postal secrecy, data protection

Unofficial table of contents

Section 39 Postal secrecy

(1) Post-secrecy shall be subject to the circumstances of the postal traffic of certain natural or legal persons as well as the content of postal items. (2) In order to safeguard the secrecy of the postal service, it is obligated to ensure that the postal services are provided with business. or is involved in it. The duty of secrecy shall continue to exist after the end of the activity by which it has been established. (3) It shall be prohibited to do so in accordance with the provisions of paragraph 2 above and beyond the level necessary for the provision of postal services. To obtain knowledge of the content of postal mail or the more detailed circumstances of the postal traffic. You may use knowledge of facts that are subject to the secrecy of the mail only for the purpose specified in sentence 1. The use of this knowledge for other purposes, in particular the transfer to others, is only permitted insofar as this law or any other statutory provision provides for this and expressly refers to postal items or postal services. . The obligation to notify in accordance with § 138 of the Criminal Code shall prevail. (4) The prohibitions provided for in paragraph 3 shall not apply in so far as the acts referred to therein are necessary to:

1.

to examine the existence of tariff conditions in the case of postal consignments which are eligible for compensation;

2.

to secure the contents of damaged mail,

3.

to identify the recipient or the sender of an undue postal consignment, which cannot be established,

4.

to avert physical hazards emanating from a mail item for persons and property.

The delivery of mail to a replacement recipient within the scope of the contractual agreement with the sender is permitted. (5) Communications on the postal traffic of a person shall be permitted as far as they are required in order to claim claims against this person to court or out-of-court cases arising in connection with the provision of a postal service, or to enable the prosecution of criminal offences committed in the case of postal services for the damage of a postal service . Unofficial table of contents

Section 40 Communications to courts and authorities

Entities and persons who provide or assist in the provision of such services shall inform the courts and the authorities of their request for the competent address of a person involved in the postal traffic, insofar as this is the case. The purpose of the postal transport of the courts or authorities is to be required. This shall also apply if the consignee has not given a consent required for the transmission or has made a breach of the transmission. Unofficial table of contents

Section 41 Data protection

(1) The Federal Government shall, by means of a regulation with the consent of the Federal Council, lay down rules on the protection of personal data of the persons responsible for the provision of such services to companies which provide postal services or participate in the provision of such services. Post-traffic participants who govern the collection, processing and use of these data. The rules shall take account of the principle of proportionality, in particular the restriction of collection, processing and use to the required, and the principle of earmarking. In so doing, it is necessary to lay down maximum periods for storage and, in general, to take account of the legitimate interests of the undertaking concerned and of those Individual information on legal persons subject to the obligation of postal secrecy shall be the same as personal data. § 19 of the German Federal Data Protection Act (Bundesdatenschutzgesetz), for the correction, blocking and deletion of data, applies to the persons concerned. § 20 (1) to (4) and (6) to (8) of the Federal Data Protection Act (Bundesdatenschutzgesetz). (2) Legal Regulation may collect, process and use the data of natural and legal persons in respect of companies and persons who provide postal services or participate in the provision of such services, insofar as this is part of the company's business. the processing of commercial postal services is required, namely:

1.

the reason, the content of the content and the changing of a contractual relationship,

2.

the identification of traffic data for contract purposes;

3.

the proper delivery of mail,

4.

the correct identification, settlement and evaluation as well as the proof of the accuracy of the charges for commercial postal services.

Based on the powers provided for in the first sentence, the collection, processing and use of data relating to the content of postal items shall not be permitted. (3) The companies and persons referred to in paragraph 2 shall be entitled to the personal data which: have collected, process and use for the purpose of establishing, designing or modifying a contractual relationship, to the extent that this is for the purpose of advertising, customer advice or market research for the companies referred to in paragraph 2, or People are required and the customer has consented. Personal data of customers who have already been collected by the companies and persons referred to in paragraph 2 at the time of entry into force of this law may be processed and used for the purposes specified in the first sentence if the customer does not contradicts it. His agreement shall be deemed to have been granted if he has been duly informed of his right of objection and has not made use of his right of objection. (4) The business provision of postal services and their The disclosure of charges may not be subject to the indication of personal data which is not necessary for the provision or payment of such services. In so far as the undertakings referred to in paragraph 2 make the processing or use of personal data of a customer subject to his consent, they shall inform him in an appropriate manner of the content and scope of the consent. The intended purposes and periods of use shall be mentioned here. The consent must be explicitly and usually written in writing. If it is to be carried out in the electronic method, a withdrawal possibility should be provided for a reasonable period of time. Unofficial table of contents

Section 42Control and enforcement of obligations

(1) The regulatory authority may take orders to ensure compliance with the obligations contained in § § 33 and 39 to 41 as well as the legal regulation issued pursuant to section 41 (1) of this Regulation. In order to do so, it may require the pledge to provide the necessary information for verification and to verify compliance with the rules in the operating and business premises of the pledge. For this purpose, the regulatory authority may require the catering to enter its operating and business premises during normal operating and business hours. (2) The regulatory authority shall establish that in a company the § § 33 and 39 to 41 as well as the decree of law passed pursuant to section 41 (1), it may prohibit the further business of the provision of postal services in whole or in part, if milder interventions to enforce the law are lawful Behavior is not sufficient. This power shall be conferred on the regulatory authority even if an undertaking does not comply with its obligations referred to in paragraph 1, in spite of repeated requests. § 9 shall remain unaffected. (3) As far as data of natural or legal persons are collected, processed or used for the commercial provision of postal services, the company shall replace the control in accordance with § 38 of the Federal Data Protection Act a control by the Federal Commissioner for Data Protection in accordance with § § 21 and 24 to 26 (1) to (4) of the German Federal Data Protection Act. The third sentence of paragraph 1 shall apply accordingly. The Federal Commissioner for Data Protection directs his complaints to the Federal Ministry for Economic Affairs and Energy and transmits further results of his/her control at the discretion of the Federal Ministry for Economic Affairs and Energy. (4) Through information and verifications the regulatory authority referred to in paragraph 1 and the Federal Commissioner for Data Protection and the Federal Ministry for Economic Affairs and Energy shall, in accordance with paragraph 3, become aware of the circumstances of the postal traffic of certain persons, as far as this is concerned, is required to carry out their control tasks. The secrecy referred to in Article 10 of the Basic Law shall be restricted in that regard.

Section 10
Post-value character, regulatory authority

Unofficial table of contents

§ 43 Postmarks

(1) The authority to issue postage stamps with the imprint "Germany" and to declare it invalid shall be reserved for the Federal Ministry of Finance. The pictorial reproduction of such postage stamps is inadmissible if it is suitable to cause confusion with the reproduced postage value character. (2) The reproduction and use of the information provided by the Federal Ministry of Finance Postal service marks for the retribution of postal services are subject to the permission of the postal service. For the decision on the permission, the Federal Ministry of Finance collects fees and outlays from the providers of postal services. Fees and charges will also be levied if a request for permission is withdrawn after the commencement of factual processing, but before the end of the application. The Federal Ministry of Finance is authorized to regulate the amount of the fee by means of a legal regulation which does not require the consent of the Bundesrat. Unofficial table of contents

Section 44 Regulatory authority

The regulatory authority within the meaning of this Act is the one on the basis of the Tenth Part of the Telecommunications Act of 25 July 1996 (BGBl. 1120). § § 66 to 71, 74 to 81, 83 and 84 of the Telecommunications Act shall apply accordingly. Unofficial table of contents

Section 45 Right of information and examination

(1) In so far as it is necessary for the performance of the tasks conferred on the regulatory authority, the regulatory authority may:

1.

companies and associations of companies operating in the postal sector to request information on their economic circumstances, in particular on turnover figures,

2.

In the case of companies and associations of enterprises operating in the postal sector, inspect and verify the business documents within the usual business hours.

2. The regulatory authority shall issue a written order requiring the information referred to in paragraph 1 (1) or the examination referred to in paragraph 1 (2). The arrangement shall specify the legal basis, the subject matter and the purpose of the request for information or of the examination. In the case of a request for information, a reasonable time limit for the provision of information shall be determined in the order, the date of the examination shall be indicated in the case of an examination. (3) The holders of the undertakings or their representatives, in the case of legal persons, Companies or non-eligible clubs which are the persons appointed to represent them in accordance with the law or the statutes shall be required to provide the information required, to submit the business documents and to verify those business documents. Documents as well as the entering of business premises and business premises during (4) § 72 (4) to (10) of the Telecommunications Act shall apply accordingly. Unofficial table of contents

Section 46 Decision-making chambers

(1) In the cases of § § 13 and 14 as well as 19 to 32 the regulatory authority decides by decision chambers. (2) In the cases of § § 13 and 14 the decision chamber decides in the occupation with the president as the presiding and the two Vice-Presidents as co-chairs. The decision shall be taken in consultation with the Advisory Board. (3) Section 73 (1) sentences 2 and 3, para. 2, 3 sentence 2 and (4) of the Telecommunications Act shall apply accordingly. In the case of the first sentence of paragraph 2, Section 73 (4) of the Telecommunications Act shall not apply. Unofficial table of contents

Section 47 Activity report

(1) The regulatory authority shall submit every two years to the legislative body of the Confederation a report on its activities, as well as on the situation and development in the field of postal services. This report shall also give its opinion on whether a change in the definition of postal services as universal services within the meaning of Article 11 should be recommended and whether and, if appropriate, by what date and in the extent to which the maintenance of an exclusive licence in accordance with § 51 is required beyond the date specified therein. (2) The regulatory authority shall publish in its Official Journal its administrative principles, in particular with regard to the Granting licences and laying down licence requirements. Unofficial table of contents

Section 48 Cooperation with the Federal Cartel Office

The regulatory authority shall, in agreement with the Federal Cartel Office, decide on the delimitation of relevant and spatially relevant markets and the determination of a dominant position within the framework of this Act. If the regulatory authority takes decisions in accordance with sections 5 and 6 of this Act, it shall give the Bundeskartellamt an opportunity to comment before the procedure is concluded. Section 82, sentences 4 to 6 of the Telecommunications Act shall apply accordingly.

Section 11
Fines

Unofficial table of contents

Section 49 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

, without permission pursuant to § 5, para. 1, a letter sent,

2.

, contrary to Article 10 (1) or 2, sentence 1 or 2, postal services shall not be provided in legally independent undertakings or shall not, or in the prescribed manner, ensure the readability of financial relations,

3.

an enforceable order pursuant to § 13 (2) sentence 1, subsection 3 sentence 1, subsection 5 sentence 1, § 23 para. 3, also in conjunction with § 27, § 24 para. 4, § 25 para. 3, § 31 para. 2 or § 32 para. 2 sentence 1

4.

against

a)

Section 17 (1) sentence 1 or

b)

§ 56

does not make a communication, not correct, not complete or not in good time,

5.

Charges, without authorisation pursuant to § 19, for a fee,

6.

Contrary to § 30 of the Treaty, does not submit a contract, not correct, not complete or not in good time,

7.

Contrary to § 36 sentence 1, an advertisement is not reimbursed, not correct, not complete, in the prescribed manner or not in good time,

8.

, contrary to § 37, information is not provided, not correct, not complete or not available in time,

9.

Contrary to § 43 (1) sentence 2, a postage value sign is reproduced in a manner suitable for confusing, or

10.

Contrary to § 52 sentence 1 in conjunction with a legal regulation pursuant to § 11 para. 2 sentence 1, a universal service is not provided or is not properly provided.

(2) In the cases referred to in paragraph 1 (1), (2), (3), (4) (b), (5) and (10), the administrative offence may be subject to a fine of up to EUR 500 000, in the cases referred to in paragraph 1 (6) and (9), with a fine of up to EUR 50 000, in the other cases with a fine. Fines of up to € 10,000 will be punished. Unofficial table of contents

Section 50 Competent authority

The managing authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the regulatory authority.

Section 12
Transitional provisions

Unofficial table of contents

§ 51 Temporary exclusive licence

(1) Until December 31, 2007, Deutsche Post AG shall be entitled to the exclusive right to, and to receive, letter and addressed catalogues, the individual weight of which shall be up to 50 grams, and the individual price of which shall be less than two and a half times the price of the corresponding catalogues. Mail of the lowest weight class is to be transported on a commercial basis (legal exclusive licence). Sentence 1 shall not apply

1.

(dropped)

2.

for the transport of correspondence delivered by the consignor in an exchange centre and collected by the consignee in the same or any other exchange centre of the same service provider, the sender and the consignee of the service being provided by the latter in the (document-exchange service),

3.

for the carriage of letters, in so far as it does not require any licence pursuant to Article 5 (2) of this Directive,

4.

for services that are separable from universal services, have special performance characteristics and are of higher quality,

5.

for the person who picks up letters on behalf of the sender and delivers them to Deutsche Post AG at the next place of acceptance of Deutsche Post AG or to another place of acceptance of Deutsche Post AG within the same municipality,

6.

for the person who collects letters on behalf of the recipient from the post office equipment of Deutsche Post AG and delivers them to the recipient.

(2) (dropped) Unofficial table of contents

§ 52 Universal service obligation in the period of the statutory exclusive licence

For the period of the statutory exclusive licence, Deutsche Post AG is obliged to provide universal services within the meaning of the regulation adopted pursuant to Section 11 (2). § § 12 to 17 and 56 do not apply for this period. Unofficial table of contents

§ 53 EntgeltApproval in the period of the statutory exclusive licence

§ 19 Sentence 2 shall not apply to the time of the exclusive statutory licence for the carriage of letters within the scope of the exclusive licence pursuant to § 51. Unofficial table of contents

§ 54 Use of postage stamps in the period of the legal exclusive licence

The right to use postage stamps issued by the Federal Ministry of Finance pursuant to § 43 of the German Federal Ministry of Finance is exclusively available to Deutsche Post AG for the period of the exclusive legal license. Unofficial table of contents

Section 55 of the Law on the restriction of the prohibition of transport

The Federal Ministry for Economic Affairs and Energy is authorized to carry out market investigations and to test new services by means of a decree law requiring the approval of the Federal Council for the purpose of carrying out market investigations and for testing new services. Restrict the transport ban. A restriction in accordance with the first sentence is inadmissible, insofar as it would result in the economic disadvantages of Deutsche Post AG, which would endanger the performance of a duty imposed on it under this law or under this law.

Section 13
Final provisions

Unofficial table of contents

§ 56 obligation to provide notification of a service restriction in the area of universal service

If Deutsche Post AG has so far provided universal services, which are laid down in a legal regulation adopted pursuant to Article 11 (2), it no longer intends to do so in the future, no longer fully or in a more unfavourable manner than that in the future. of the Regulation shall be notified to the regulatory authority six months before the beginning of the service restriction. Unofficial table of contents

Section 57 General provisions

(1) An exemption pursuant to Article 2 (4), first sentence, of the Law on the Postal System, as amended by the Notice of 3 July 1989 (BGBl. 1449), or in accordance with Article 2 (5) sentence 1 of the Postal Law Act, as amended by Article 6 of the Law on Postal Law of 14 September 1994 (BGBl. 2325), it remains effective until the expiry of the period of validity specified in the exemption decision, and until 31 December 2007 at the latest. The exemption shall, in accordance with and in the extent of its content, be replaced by a licence under this Act. If a person entitled to a licence is entitled to a licence under this Act, the grant of this licence shall not effect the exemption granted pursuant to Section 2 of the Law on the Postal System and the conditions attached to such exemption. (2) The authorisation of a In accordance with the Law on the Regulation of Telecommunications and Postal Services of 14 September 1994 (BGBl I), Deutsche Post AG's Act on the Regulation of Telecommunications and Postal Service (BGBl) has been approved for approval by 31 December 1997. I p. 2325, 2371). An authorisation granted before 1 January 1998 shall remain valid until the expiry of the period of validity specified in the notice of approval, no later than 31 December 2002. (3) The authorisation granted to the regulatory authority under this Act shall remain in force. Tasks will be carried out by the Federal Ministry of Post and Telecommunications until the regulatory authority has been set up. Unofficial table of contents

Section 58 Entry into force, external force

(1) § 8 sentence 3, § 11 para. 2, § 21 (4) and § 57 (3) shall enter into force on the day after the announcement. In addition, this law will enter into force on 1 January 1998. (2)