The Amendments To The Law On Mail

Original Language Title: Grozījumi Pasta likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/69.2


The Saeima has adopted and the President promulgated the following laws: the law of mail do mail Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2009, No 14; Latvian journal, 2009, nr. 190; in 2012, 100. No.) the following amendments: 1. Replace the words "the whole law mail merchant who provides a universal postal service" (fold) with the words "universal postal service" (the fold) and the words "universal postal service obligations net costs" (folds) – with the words "net cost" (fold). 2. in article 1: (1) be supplemented with the words "which are to be delivered in the mail"; make paragraph 4 by the following: "4) electronically receive post, addressed to the post, as the postal operator to transmit in electronic form to the design of the correspondence of letters and re-dispatched consignments;"; turn off paragraph 8; Replace paragraph 12, the word "footprint" with the words "intended for obtaining fingerprints embossed image (with image)"; to make 17 and 18 the following: "17) postal-mail, which transfers the goods and items with or without commercial value; 18) postal services — commercial activities related to the sending of mail recipient, and includes one or more of the following: mail collection, sorting, transport and delivery. Carriage of mail as a separate service is not to be considered as a postal service; "; to express the point 20 as follows: "20) post: an item addressed in the final form in which the postal operator to deliver to the recipient. The size and weight of the shipment does not exceed this law and other legislative or regulatory threshold. The consignment shall be considered addressed when on the item itself or on its packaging indicates the consignee address; " to supplement the article with 20.1 points as follows: "201) in most of the mailings, letters of correspondence addressed to the post that one of the natural or legal person on one ship at a time served to send a significant number of recipients and that shipping and delivery postal operator does not perform the provision of postal services activities as collection and initial sorting, and shipment and delivery the sender shall sign a contract with the postal operator;" 28 points to express the following: "28) delivery-delivery of mail from your last mail sorting area to the addressee;"; turn off paragraph 37, the words "affordable"; supplement article 37.1 of the point as follows: "371) universal mail service provider, in accordance with the procedure laid down in this Act designated postal operators, which, according to the requirements of universal postal service obligations shall provide the universal postal service throughout the territory of the Republic of Latvia"; Express 38 as follows: "38) Letter-Envelope inserted written message or otherwise made by mailing a written report, to be delivered on the item itself or on its wrapping address;". 3. To make article 3 of the second and third subparagraphs by the following: "(2) in addition to the requirements laid down in this law, the postal sector is also regulated by other legislation, the Universal Postal Convention and other binding for the Republic of Latvia to international treaties. (3) the law does not apply in cases where the consignment delivered to the sender in the seconded employee. " 4. in article 6, second paragraph: make paragraph 4 by the following: "4) is determined by their postal operators who provide mail service in the territory of the Republic of Latvia, the performance of all of the acts of the Universal Postal Union, and which arise according to the obligations mentioned in the mail transaction will represent the Republic of Latvia's relations with other countries ' designated postal operators (hereinafter designated postal operator);"; Add to part with 5, 6, and 7, paragraph by the following: "5) define the postal operator to simultaneously hold the number of mailings on mailings in bulk; 6) defines the universal postal service provider; 7) monitor the universal postal service obligations in compliance with the requirements. " 5. Replace article 7, second paragraph, the word "(operator)" with the words "(designated postal operators)." 6. Express article 8 by the following: ' article 8. The right to provide a postal service Operator has the right to initiate the provision of postal services, if it is sent or personally filed a registration statement for the Governor. " 7. Replace the first subparagraph of article 9, article 10, article 12 and article 30 of the sixth paragraph, the words "newspaper" with the words "Official Gazette". 8. Article 13: Supplement to article 7, 8, 9 and 10 of the following paragraph: "7) to ensure the secrecy of mail and the confidentiality of the information stored; 8) provide public information on the postal services provided by tariffs and delivery of postal items; 9) give information on the postal service over the statutory institutions that provide governance and oversight of the postal sector; 10) to provide mail services user complaints. "; to supplement the article with the second part as follows: "(2) For postal service or parts thereof within the handing over of postal operators can agree only with the postal operator other than this law case referred to in article 28. ' believe the current text of article about the first part. 9. To supplement the law with 13.1 and 13.2 of the article by the following: "13.1 article. The delivery of mail (1) mail recipient can supply: 1) Insert the recipient's mailbox or mail merchant installed mail reception equipment; 2) issued against the signature of the recipient at the specified address; 3) issue of the recipient postal service location. (2) the requirements in the recorded and insured mail service shall be determined by the Cabinet of Ministers. (3) cross-border mail recipients in the territory of the Republic of Latvia shall be issued after the completion of the necessary formalities and payment of customs duties, if required by the applicable laws and regulations, customs and taxation. 13.2 article. Not issued mailings (1) mailing shall be deemed not to have been issued, if it is not possible to issue the recipient for the following reasons: 1) is removed from the mailing boxes of letters, it is not the address, the address is incomplete or truncated; 2) a person who is to be served against the mail signature is not present or is not in the mail at the address specified in the mail is not the place of supply of services, and left no time limit set in the notice arrived in the mail service location to get the mail addressed to it; 3) the addressee refused to receive mailings; 4) mailing is not paid or is paid partially, and the sender or recipient refused to pay the unpaid portion; 5) mailbox is not installed, is corrupted, there is no identifiable or not available.
(2) the requirements in respect of the action with an issued mailing determines the Cabinet. " 10. Turn off the article 17, point 4 of the second paragraph. 11. Article 18: Supplement 1, 2 and 3, after the word "points" with the words "or adopt from the sender in the form specified in this Act"; turn off the 4, 5, 6, 7, 8 and 9. 12. Article 20: Add to the introductory part of the first subparagraph with the sentence the following wording: "(1) express services are provided to enable a faster and more convenient for the transfer of mail, providing customers additional service options not supported by providing traditional postal services."; Add to paragraph 1 first subparagraph with the words "for a sender signature fill the mailing of documents"; to supplement the article with a fifth by the following: "(5) in the first subparagraph above mail supporting documents kept by the postal operator for two years. About the mailing of documents is not considered the supply of goods the document that the document presented as justification deals with the goods. " 13. Article 21: Add to the first subparagraph of paragraph 1, the words "for which the sender signature fill the mailing of documents"; to supplement the article with the third part as follows: "(3) in the first subparagraph above mail supporting documents kept by the postal operator for two years. About the mailing of documents is not considered the supply of goods the document that the document presented as justification deals with the goods. " 14. To complement the law by article 21, with Chapter IV1 and 21.1 and 21.2 of the following article: "chapter IV1 postal payment services 21.1 article. Postal payment services postal payment services, which are provided via the postal network, are the following: 1) payment services (article 22); 2) postal money order service (article 23). Article 21.2. Postal payment service obligations and conditions

Designated postal operators, using their mail network: 1) provides a postal money order services; 2) can provide payment services. " 15. in article 22: replace the first part of the word "client" with the word "person"; to complement the fourth paragraph by the words "and criminal money-laundering and terrorist financing in the field of prevention". 16. Replace article 23, the word "client" with the word "person". 17. off 24 in the third subparagraph of article numbers and the words "5 October 2004". 18. in article 26: to supplement article 2.1 part as follows: "(21) If you suspect that the mail contains unidentified substances in any of its State (e.g., solid, powdery substance, liquid, gas), the origin of which is unknown, the postal operator that consignment does not open, but shall immediately inform the national police." make the third paragraph as follows: "(3) If, when you open mail, it is found that there are 24 of this law, the first paragraph of article 1, 2 or 7 and this article, paragraph 2.1, part substance, containing those substances or objects, from which that substance fall out, pass, spills, leaks or has failed, missing grout, covered or wet, the postal operator shall immediately inform the national police." 19. Article 27 of the expression as follows: "article 27. The universal postal service (1) the universal postal service provider is obliged to ensure that users throughout the territory of the Republic of Latvia have equal opportunities to receive such universal postal services in: 1) the domestic and cross-border correspondence letters mailing (including registered and insured) collection, sorting, transport and distribution of weight not exceeding two kilograms; 2) the domestic and cross-border mail package (including the insured) the collection, sorting, transport and distribution of weight does not exceed 10 kilograms; 3) cross-border postal packages (including insured) delivery received from other countries in the European Union and whose weight does not exceed 20 kilograms; 4) magazine subscription delivery. (2) subject to this Act, the requirements laid down in article 27.1, the universal postal service provided consistently and continuously, except in cases of force majeure or in the event of an emergency. " 20. To supplement the law with 27.1, 27.2 and 27.3 of the article as follows: "article 27.1. Universal postal service obligations (1) the postal operator that is in accordance with the procedure laid down in this Act designated as universal postal service provider, Regulator determines the universal postal service obligations that provide for clear, non-discriminatory and proportionate. To encourage the efficient provision of universal postal services, universal postal service obligations provide for at least the following conditions: 1) quality requirements for mail collection, sorting, transport and delivery (frequency, speed, regularity); 2) quality requirements for the provision of postal services and postal network access point placement and number; 3) to ensure that all requirements for the postal service that users can use the universal postal service in the mail list services on uniform tariff throughout the territory of the Republic of Latvia; 4) requirement to provide a universal postal service in the most cost effective way. (2) the Governor shall be determined by the universal postal service obligations by tendering the universal postal service provider, while this law, in the second paragraph of article 27.2 in the order confirms the universal postal service tariffs, which are calculated according to the tariff calculation methodologies and that the project is included in the tender offer. Approved tariffs may not change for at least one year from the date of its entry into force. If after the expiry of the universal postal service provider recommends a review of the tariff, the new tariffs shall be determined in accordance with article 32 of this law, the third part. (3) the universal postal service obligations down to five years. (4) the universal postal service provider has the obligation to make publicly available information about proposed a universal postal service within the range of services, tariffs, including tariff discounts and special tariffs, the postal network access point and the quality requirements by posting information on the provision of postal services or your website on the internet. Article 27.2. The universal postal service provider's choice (1) Regulator issued rules under which hold a contest to define the universal postal service provider. On the progress of the contest not applicable public procurement law. (2) the controller referred to in the first subparagraph shall be determined in the invitation to the universal postal service tariff approval procedure, which is not the subject of this law, article 32 of the third. (3) the Governor shall ensure equal treatment for all tenderers. The Governor any contestant did not produce favourable conditions. (4) If the first paragraph of this article shall be concluded without the contest results, the Governor: 1) two years hosting the contest again; 2) until the next contest results notification, but not more than two years, extending the universal postal service obligations then the mail operator, which was the universal postal service obligations up to the date of the invitation to tender. (5) the Governor shall notify the European Commission of the universal postal service provider. 16.3 article. Universal postal service-like service (1) postal services provided throughout the territory of the Republic of Latvia or its part can be considered comparable to a universal postal service, or part thereof, if, in assessing the merits of this service and after service features, from the point of view of the users of this service do not meet this law laid down in article 20 of this law, and particularly article 21 courier representative specified in the criteria, but meets at least one of the following universal postal service, or any part of it features : 1) are collected and delivered to a correspondence of letters whose weight does not exceed two kilogrammes; 2) is collected and delivered to the domestic postal packages, weighing not more than 10 kilograms; 3) are supplied from third countries receive postal parcels weighing up to 10 kilograms; 4) are shipped from other European Union countries received postal parcels weighing up to 20 kilograms. (2) if the merchant does not take the postal package weight records and its postal services provided do not meet the criteria referred to in the first subparagraph, for the universal postal service comparable services all that postal operators considered the postal collection and delivery. (3) the universal postal service provider and all the merchants that provide the universal postal service-like services, according to this legal support separate internal accounts of the universal postal service and the universal postal service, comparable to the provision of the services. The individual records are severable from the rest of the internal accounting. " 21. Supplement article 28, second subparagraph after the word "issue" with the words "with the provision of the universal postal service-related actions". 22. Article 29 of the expression by the following: ' article 29. Universal postal service quality inspection

Universal postal service provider shall ensure that the independent postal service quality inspection in accordance with the established mandatory applicable postal service quality standards, and at least once a year a public report on the results of the measurements and the universal postal service compliance mail quality of service requirements. " 23. the express article 30 the first part as follows: "(1) the universal postal service obligations of net cost (net cost) represents the difference between expenditure and revenue, which accrue to a postal operator to which the Regulator determines the universal postal service obligations to provide universal mail service cost-effective way, and the same merchant costs if no universal postal service obligations." 24. Article 31: put the name of the article as follows: "article 31. The net cost of the refund conditions "; to complement the second paragraph after the words "proves that" with the words "it is not fair to burden the subject and"; make the third paragraph as follows: "(3) will not compensate the net cost of the universal postal service, if the obligations lead to additional benefits and it exceeds the calculated net cost."; to supplement the article with the fourth and fifth by the following: "(4) in the third subparagraph of that additional benefits constitute intangible and market benefits — universal postal service provider revenue from other universal postal service in not included in the services provided, if such revenue to be gained, only providing the universal postal service. Additional benefits included in the calculation of revenues from other services, which satisfy the Regulator issued a universal postal service obligations of the net cost calculation and methodology in the determination of the criteria and on the resulting value reduces the net cost. (5) the universal postal service provider does not compensate the net cost of a universal postal service in tariff discount and special tariff application. " 25. Make 31.2 the first paragraph as follows: "(1) the Fund shall consist of the postal operators, including the universal postal service provider, the paid State fee universal postal service obligations net cost of Tribunal (hereinafter public duties) and the annual State budget to the extent stipulated by law for this purpose, the State budget. Government fees, payment procedures, incentives and exemptions from this fee are determined by the Cabinet of Ministers. " 26. To complement the chapter VII with 32.1 and 32.2 article as follows: "article 32.1. Special fares (1) universal postal service provider has the right to enter into individual agreements with individuals on special tariffs. Special tariffs shall be determined taking account of the costs in comparison with activities that include all standard mail services (collection, sorting and delivery). Special fares may not be lower than the cost. Postal services on special tariffs are provided subject to the following conditions, which are different from the universal postal service quality requirements and are stipulated in the agreement with the sender: 1) transfer of mail and delivery terms; 2) mailing the transfer time; 3) mailing weight, size and number. (2) if the universal postal service provider applies special tariff, this tariff is available for all users, subject to the special conditions of application of the tariff. Special tariffs Regulator does not approve. (3) the universal postal service provider, conclude an agreement on the special tariff, it shall include all the conditions for the application of specific tariff. Ten working days after the conclusion of the agreement in question or the amendment of the universal postal service provider agreement or a certified copy of the amendment shall be submitted to the Regulator. Article 32.2. Subscribe to the press delivery service prices, the Cabinet of Ministers determine the subscription press delivery service mail merchant prices which has certain obligations to provide universal mail service. " 27. Express article 33 the following: ' article 33. The postal service pay for certification types

(1) postal services pay for the shows, using one of the following to mailings or glued printed postal payment marks: 1 postage stamps of the Republic of Latvia); 2) Republic of Latvia valid postal payment slip that on the mailing wrapper or postcards printed with a printing press or for printing or printing process. (2) the postal payment marks site may impose this lawfully registered labelling machines clichés imprints. (3) sales of postal payment marks back does not accept and will not change. " 28. Replace article 34, second paragraph, the word "law" with the words "criminal law". 29. the express article 35, the first paragraph by the following: "(1) postal services in the cases specified in this law, can pay with the Republic of Latvia valid postal payment marks, international reply coupons, cash or by Cashless settlement." 30. off article 36, first paragraph, the words "and domestic small packages." 31. Article 37: put the name of the article as follows: "article 37. Postal pay using labelling machine clichés imprints "; replace the first paragraph, the word "cliché" with the words "clichés imprints". 32. Make article 41, the first paragraph by the following: "(1) the postal operator to delete stamps and mailing acceptance, shipment, receipt or issue in the places and dates, as well as the receipts issued shall be used as calendar stamp." 33. Article 44: Supplement to the second part of the article as follows: "(2) this law, article 13, second subparagraph, in the case referred to in the material against the person responsible is it to mail a merchant who betrayed the sender mail. The postal operator has a right of recourse against the postal operator that the intervening material. "; believe the current text of article about the first part. 34. Article 49: make the first paragraph by the following: "(1) the provision of postal services, the postal network access point, mailbox and mailbox installation, siting and design, as well as cross-border mail processing site in the terms are determined by the Cabinet of Ministers." make the third paragraph as follows: "(3) mail merchants, by mutual agreement, for payment can be used for another postal operator owned by mail or network elements by concluding a contract which provides for: 1) use the postal network elements and service conditions; 2) mail delivery, forwarding and return procedures; 3) postal network elements and settlement arrangements; 4) responsibility of mail loss or damage. " 35. To supplement article 52 to the third paragraph as follows: "(3) the recipient unless the postal operator enables you to inform them about the reception of the consignment, using certain electronic means — is eligible for mail-order merchants require it to inform the recipient of the mail reception using the electronic means of communication. In this case, written information notice in paper form on receipt of the consignment the recipient does not have to be delivered. " 36. the express 54 (1) of the article as follows: "1) complaint about postal services shall be submitted to the postal operator concerned, who shall examine it and provide a response no later than one month from the date of receipt of the complaint. Responses to complaints about cross-border postal services provide universal postal Convention and its rules of procedure and within the time limit laid down; ". 37. The transitional provisions: replace paragraph 11, the words "for one year" with the words "for two years"; Supplement 12 to the text by the following: "losses incurred by providing subscribed magazine delivery services consists the difference between subscription press delivery service and the actual cost of this law, the procedure referred to in article 32. Universal mail service provider out of the income statement in accordance with the Regulator's defined universal postal service tariff calculation methodologies and universal postal service obligations of the net cost calculation and detection methodology and, together with the audited report submitted to the traffic Ministry. "; Replace paragraph 13, the words "the numbers and the 2012 31 December" with numbers and the words "15 may 2013"; transitional provisions be supplemented by 14, 15, 16, 17, 18 and 19 of the following paragraph: "the law amendment 14 concerning article 27 of the new version, as well as 27.1 and 27.2 article shall enter into force on January 1, 2014. 15. Article 32 of this law shall remain in force until 31 December 2014. 16. This law, in the second paragraph of article 13.1, 13.2, in the second paragraph of article 32 article and article 49 the provisions referred to in the first paragraph, the Cabinet of Ministers issued until 15 may 2013. 17. Article 49 of the law referred to in the first subparagraph of the date of entry into force of the provisions applicable to the Cabinet of Ministers of 17 august 2010 rules no. 782 "order in which places and take the postal service locations, postal network access points, mailbox posts and mailboxes" in so far as they do not conflict with this Act. 18. for the purposes of this law, the terms "cross-border mail" and "cross-border postal services" meet other legislation used the terms "international mail" and "international postal services", to the extent not inconsistent with this Act. 19. universal postal service compensation fund the start-up time of the universal postal service obligations net cost of compensated from the State budget. " 38. the information off references to the directives of the European Union 3. The Parliament adopted the law of 21 March 2013. The President a. Smith in 2013 on April 10.