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Regulations On (Mail Regulations)

Original Language Title: Forskrift om post (postforskriften)

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Regulations on (Mail Regulations)


Date FOR-2015-09-18-1063


Affairs Ministry


Published In 2015 Booklet 11


Effective 01/01/2016, the Ministry

Edited


Changes

FOR 1997-07-01-658, FOR-1997-11-10-1156, TO-1998-07-01-688, FOR-1985-10-11-1810, FOR 2005-12-21 -1720, TO-2011-05-31-697, TO-2005-02-21-168

For
Norway

Legal

LOV-2015-09-04-91-section 6, LOV-2015-09-04-91-§7, LOV-2015-09-04-91-§10, LAW-2015-09-04- 91-§14, LOV-2015-09-04-91-§19, LOV-2015-09-04-91-section 20 LOV-2015-09-04-91-L-21, LAW-2015-09- 04-91-§22, LOV-2015-09-04-91-§23, LOV-2015-09-04-91-Section 25, LOV-2015-09-04-91-§27, LAW-2015- 09/04/91-Section 28, LOV-2015-09-04-91-L-29, LOV-2015-09-04-91-§30, LOV-2015-09-04-91-§31, legislation 2015-09-04-91-§32, LOV-2015-09-04-91-§33, LOV-2015-09-04-91-§35, LOV-2015-09-04-91-§36, LOV-2015-09-04-91-L-39, LOV-2015-09-04-91-Section 47, LOV-2015-09-04-91-§49

Promulgated
22.09.2015 kl. 14.05


Corrected 10.02.2015 (§ 30 no. 1 letter c)

Short Title
Post Regulations

Adopted by the Ministry on 18 September 2015 of Act 4 September 2015 No.. 91 on postal services (Postal Services Act) § 6, § 7, § 10, § 14, § 19, § 20, § 21, § 22 , § 23, § 25, § 27, § 28, § 29, § 30, § 31, § 32, § 33, § 35, § 36, § 39, § 47 and § 49
EEA referrals: EEA agreement Annex XI. 5d (Directive 97/67 / EC and Directive 2002/39 / EC).
Corrections: 10/02/2015 (§ 30 no. 1 letter c).

§ 1. Registration obligation Offeror shall upon registration by mail Act § 20 transmit the following information to the Norwegian Post and Telecommunications Authority:

1.
Company name, address, contact person, phone number and email address

2.
Original certificate of registration

3.
Information about the nature and scope, including geographical scope and whether it offers mail service abroad.

Offeror shall also transmit information to the Norwegian Post and Telecommunications Authority of system for handling non-deliverable postal items by mail Act § 27.
Changes in information mentioned in subsections shall be reported to the Norwegian Post and Telecommunications Authority without undue delay.

§ 2. Terms of delivery and publication Offeror shall, at the preparation and publication of supply conditions for provision of postal items by mail Act § 22 ensure that information is updated and clear. The information shall be published in an appropriate manner, for example through regular branches, rural postal routes, postboxes and internet.
Delivery Conditions shall include information about:

1.
Company name, address, telephone number, email address and any URL

2.
Services, including information on deadlines for submission and the delivery time

3.
Geographical coverage

4.
Prices, discounts and terms for discounts

5.
Right of appeal and appeal mechanism.

The provider must also inform users of compensation terms. Such information shall at least include information on:

1.
Liability for loss, damage and delay by registered mail sending

2.
Replacement rates

3.
Method of compensation disbursement

4.
Complaints rules.

§ 3. Confidentiality The provider shall ensure that any person who performs work or services for the undertaking shall be adequately trained about the rules of confidentiality by the Postal Services Act § 30.

§ 4. Handling and storage provider must to ensure that unauthorized access to postal services, cf. The Postal Services Act § 23, adapt procedures and design of physical devices in the collection, transportation and over-the- counter or other delivery point.

§ 5. Permitted content and dangerous Offeror shall mail Act § 32 inform users in an appropriate manner about what content is not allowed to send.
The following are prohibited from posting domestically and across borders:

1.
Explosives and flammable substances or other dangerous goods

2.
Imitations of grenades, mines, explosive devices, smoke bombs and similar

3.
Postal items that have a content that is illegal in the sender or recipient countries

4.
Postal items which, in substance or defective packaging may expose provider's staff or the public at risk or that could harm other postal items or postal network.

Live animals shall not be sent by post. This does not apply leeches, bees, silkworms and flies off Drosophilidaefamilien.
Exceptions may be made from the second paragraph in special cases when provided in or pursuant to law. Such shipment must be agreed separately with the vendor and sent in a secure manner.


§ 6. Non-deliverable mail sending Providers with approved system for proper treatment of non-deliverable postal items by mail Act § 27 subsection shall keep:

1.
Unregistered, non-deliverable mail sending at least six months

2.
Registered, non-deliverable mail sending at least twelve months.

Providers with approved system may sell non-deliverable mail sending after the expiry of the deadlines in the first paragraph. The proceeds of the sale shall be paid to the person who signs up within one year after the sale has taken place and proves to be entitled to the amount.
Postal items which have value or for other reasons should not be offered for sale under the second paragraph may be destroyed.

§ 7. Shipper's sovereignty provider must stop, redirect or return mail sending before it is delivered to the addressee, when the sender so requests and it is not unreasonable burdensome for the undertaking, cf. The Postal Services Act § 25.
provider must cover costs related to the organization of system of the sender's use of determination under subsection. The Offeror may claim reimbursement of direct costs incurred in connection with the exercise of sovereignty.

§ 8. The bidder's complaints procedure bidder's complaints scheme by the Postal Services Act § 39 will make it possible for users to complain about services regulated by or pursuant to the Postal Services Act.
Information required under § 2 of the provider's complaints procedure should at least provide information on where and how complaints can be submitted and deadlines for handling complaints. Information should be easily accessible to users.
Tenderer shall justify rejection of a complaint and refer to the rules that underlie the decision. Furthermore, the provider of refusal to provide information about legal remedies for Consumer Complaints and Norwegian Post and Telecommunications Authority.
Offeror shall inform the Norwegian Post and Telecommunications Authority about the content of the complaints procedure and the changes of the complaints procedure. Norwegian Post and Telecommunications Authority may impose changes to the complaints system.

§ 9. Compensation for loss, damage or delay of registered mail transmission provider must pay compensation under the Postal Services Act § 28 for the registered mail consignment economic value for loss or damage. In case of partial loss or damage shall be the proportionate replaced. The amount of compensation by the complete loss or damage or partial loss or damage capped at:

1.
£ 1000 for registered postal items weighing up to 2 kg

2.
£ 10,000 for registered postal item up to 20 kg.

Provider must also pay compensation for postage costs of loss or damage.
Case of delay shall offeror pay compensation for the cost of postage when it is paid a special compensation for the postal item will move fast, or for it to arrive at the agreed delivery date or delivery period. By significant delay should the postal item is considered lost and the vendor will replace the mail consignment economic value under the first paragraph.
Provider may prescribe higher compensation level than in the first and third paragraphs.

§ 10. Conditions for access to mailboxes and mailbox facility When granting permission for Postal Services Act § 33 to providers for access to mailboxes or mailbox facility that is not available to the public, the Norwegian Post and Telecommunications Authority among others impose:

1.
Obliged to have a system for secure storage and distribution of keys, access cards or codes

2.
Internal control to prevent unauthorized use of access solutions

3.
Duty to report annually to the misuse or loss of keys, access cards or tags.

Providers can access Locked extradition mailboxes or mailbox facility will cover costs for any new key system, extra keys to the property, mailboxes and mailbox facilities, etc..
License may be revoked for breach of the permit conditions, cf. The Postal Services Act § 47. The provider can not claim compensation from the Norwegian Post and Telecommunications Authority for permission to be withdrawn.

§ 11. Location of mailboxes At the location of mailboxes for the Postal Services Act § 19 may undertaking with universal service request owner that it is placed at a specified location, but within the following maximum distances:

1.
In urban areas at the port or exit to the property or until 100 meters from the port / running-

2.
In rural areas at the port or exit to the property or until 250 meters from the port / running-

3.
In apartment buildings and townhouses at common entrance unless more appropriate for postombæringen.

By request under subsection will be given adequate time for mailbox owner to comply.

If mailboxes are not set up in the designated location in accordance with the first paragraph, the postal items delivered at the nearest permanent postal service facility.

§ 12. Exceptions distance requirements for mailboxes When particularly scattered residents or businesses make extradition unreasonably costly, can undertakings with universal service request owner of mailboxes on location further away than stated in § 11. In assessing whether it be requested aberrant location the provider shall emphasize the location of mailboxes will contribute to efficient and effective postal delivery.
With unreasonably costly means that the cost of distribute mail significantly exceeds the cost of delivery to disclosure mailboxes placed after § 11. The rational and efficient postal delivery means that courier routes planned in such a way that they cover as many as possible with the least possible use of resources.
The exception may be made under this section for more than 3,500 households and commercial businesses nationwide.

§ 13. Mailbox Placement for disabled Physically disabled who can not reasonably be expected to have access to extradition mailbox permanent year-round residence, shall be given postal closer than is required by § 11, if other household members can not retrieve mail transmissions. Collect Mailbox should be placed at the front door to the residence if circumstances dictate.
Providers with universal service may require that the documentation for movement disability, including medical certificate.

§ 14. Marking of mailboxes Mail Recipient shall mark the mailbox with your name or other unique identification, cf. The Postal Services Act § 19.
If your mailbox is insufficient mark, has not undertaking with deliverable obligation to make disclosure. In such cases, sent pieces of mail returned to sender.

§ 15. Permanent branches and post boxes Providers with universal service should offer at least one permanent sales in each municipality in its geographic coverage area. Expedition sites should be open every day except høytids-, Sundays and holidays. The opening hours will be adapted to local needs.
Norwegian Post and Telecommunications Authority may grant exemptions from the requirement in subsection if, after an overall assessment will result in an unfair burden on providers of universal service. In making its decision the users' needs for permanent sales for relevant universal service should be weighed against the burden on providers of universal service.
Providers under a universal service obligation to ensure good accessibility, including the deployment of a sufficient number of post boxes in their geographic coverage area.

§ 16. Notification of changes in the availability Offeror obligation shall not later than two months before the change is implemented, notify users reorganizing of permanent branches, restructuring of rural postal routes and changed the placement of postboxes.
Notice shall be given in an appropriate manner. Notification can be omitted if the restructuring obviously entails improved accessibility for all users.

§ 17. Redirection and storage provider with universal service should offer user:

1.
Storage of postal items over a period of up to three months

2.
After sending mail transmission to temporarily address

3.
Redirection of postal items up to one year in case of permanent change of address.

First paragraph does not preclude the agreed extended periods of storage and forwarding.

§ 18. Value Postsendinger Providers with universal service should offer mediation of value postal items up to 2 kg by the Postal Services Act § 7 first paragraph number 4 at least one shipping point in each municipality.
For shipments abroad will service offered if a partner in the recipient country offers such service.
Norwegian Post and Telecommunications Authority may grant exemptions from the requirements of subsections for consignments to countries where there are abnormally large loss of value consignments, and delivery obligation after an overall assessment will result in an unfair burden on providers of universal service. The decision shall take into account the users' needs for services.

§ 19. Newspaper distribution on Saturday Affairs shall enter into agreements with or through individual designate one or more undertakings responsible for providing delivery of subscription newspapers on Saturdays to recipients who do not have another newspaper distribution, cf. The Postal Services Act § 6 and § 7 second paragraph.
Ministry shall deal or through an individual decision lay down conditions for newspaper distribution. Such conditions may include inter alia time limits for submission and delivery of newspapers and geographic breakdown of the universal service obligation. The Ministry may request or provide that service obligation shall apply newspapers submitted to local and / or regional distribution entities.


§ 20. Services for the blind, visually impaired, prisoners of war and civilian internees Providers with universal service by the Postal Services Act § 7 first paragraph number 6 should ensure nationwide gratuitous provision of the following services:

1.
Postal items for blind and partially sighted sent to or from a blind organization or to or from a blind or visually impaired person, and includes correspondence, literature in any format including audio recordings, and equipment designed or adapted to address disability.

2.
Letters up to 2 kg and parcels up to 5 kg, or up to 10 kg if the content can not be separated, addressed to or sent by prisoners of war or civilian internees.

After subsection fees may be required from the sender for additional costs for air transport to other countries.

§ 21. Price and accounting controls Norwegian Post and Telecommunications Authority can impose specific methods of price regulation, including price cap scheme to ensure that offers of universal service occurs on open, objective and non-discriminatory terms, at cost-oriented and affordable prices, cf. The Postal Services Act § 10 maximum-price system can be designed partly on the basis of:

1.
Requirements for price changes and / or price level for universal service in a particular period

2.
Various indexes that inflation in the calculation of the price cap, including consumer price and wage index

3.
Deducting the estimated increase in productivity in the calculation of the price cap

4.
Which universal service price cap will apply.

§ 22. Allocation of postal manager of postal system by the Postal Services Act § 36 is obliged to consider all requests from providers and users about new ZIP code, changing the code and termination of postcode and change of postcode on specific addresses.
In assessing whether the request of an undertaking on the allocation of code are reasonable shall administer the postcode system weigh on availability, as well as current and future shortages in postcode system against the provider's needs, market competition and the impact on affected mail recipients.
Requests from users may be refused where the award is contrary to the purpose of the management of the postal system by the Postal Services Act § 35 first paragraph or implies:

1.
Not optimal utilization of limited numbering resources

2.
Disproportionately large changes in the postal system

3.
Social losses.

When applications for the same postcode should applications be prioritized as follows:

1.
Providers of postal services

2.
Recipients of large quantities postal

3.
Others.

By changing the postcode system assigned number will be withdrawn.
Enters into force when the Ministry.

§ 23. Zip Changes Zip Amendments shall be conducted once every year at a fixed date.
Zip Changes not affecting existing mail recipients, such as new postcode to new residential areas and mailbox facilities, adapting existing zip code boundaries for the development and termination of the postal code that is not in use, can be carried out continuously.
Manager of postal system to notify the Norwegian Mapping of changes in post circuits and other things that might affect the official address register in the land register. Notice shall be given as soon as a decision is made.
Enters into force when the Ministry.

§ 24. Exchange Office Norwegian Post and Telecommunications Authority may grant authorization to establish exchange office operated by or on behalf of foreign providers. The following conditions must be met for the permit to be granted:

1.
Agreement with an undertaking with a universal service obligation to recover costs for the return and forwarding of postal

2.
Labeling system for all postal items conveyed via an exchange office. Labelling should show the exchange office name and localization, as well as the undertaking which operates the exchange office.

When granting permission under subsection may Norwegian Post and Telecommunications Authority set conditions that impose the relevant provisions of the Universal Postal Association rules for cross-border postal items.

§ 25. Police Atte Stens content Police by mail Act § 31 will show whether they have been charged, indicted, fined or convicted for violation of

A)
General Civil Penal Code (Penal Code) 22 May 1902 No.. 10:

1.
Chapter 8 Crimes mod State Selvstendighed and Sikkerhed § 90, § 91 and § 91a

2.
Chapter 9 Forbrydelser mod Norway's Constitution and State Over Main § 104a

3.
Chapter 13 Forbrydelser against public order and peace § 145, § 145b and § 147

4.
Chapter 14 Almen Hazardous Forbrydelser § 147a to § 150, § 151a, § 152, § 152a, § 153, § 153a and § 161 to § 162C

5.
Chapter 17 Monetary False § 174 to § 178

6.

Chapter 18 Document False § 182 to § 186, § 189 and § 190

7.
Chapter 24 Embezzlement, Tjueri and illegal use § 255 to § 258 and § 261

8.
Chapter 25 Udpresning Ran § 266, § 267 and § 269

9.
Chapter 26 Fraud, fraud and corruption § 270 to § 272 and § 275 to § 276b

10.
Chapter 31 Money laundering and fencing § 317 and § 318.

B)
Law of 20 May 2005 no. 28 on punishment:

1.
Chapter 17 Protection of Norway's independence and other basic national interests § 121 to § 124, § 126, § 128 and § 129

2.
Chapter 18 Terrorist acts and terrorism-related acts § 131 to § 136 and § 139

3.
Chapter 20 Protection of the public peace, order and security § 190, § 192 and § 198

4.
Chapter 27 Offences for profit and similar violations of ownership § 321 to § 327, § 329 to § 335 and § 337 to § 340

5.
Chapter 29 Protection of confidence in money and certain documents § 371, § 372, § 374 to § 376, § 387, § 388 and § 390 to § 394.

Exhaustive and expanded police after police Registry Act § 41 may only required to be disclosed in connection with employment in particular positions of trust. With particular positions of trust meant terminal bosses, leadership positions in security work and managers with responsibility for personnel required ordinary police after police Registry Act § 40.

§ 26. Reporting obligation Offeror shall report annually to the authority about:

1.
Number of complaints broken down by category

2.
System for non-deliverable postal

3.
System for training employees about rules on confidentiality.

Providers under obligation shall also report on:

1.
Extradition frequency

2.
Scope of exceptions to the universal service obligation

3.
Number extradition mailboxes with aberrant placement under § 12 and § 13, and the solutions adopted for each case

4.
Number of fixed and mobile branches

5.
Delivery times for universal postal

6.
Submission points and deadlines.

Providers under a universal service obligation to document measuring method for delivery times and cover the costs of measurements. The measurement results shall be public.
Annual Report pursuant to the first and second paragraphs shall be sent to Norwegian Post and Telecommunications Authority by the end of the first quarter of the following year.

§ 27. The enforcement of administrative fines The assessment of infringement penalties by the Postal Services Act § 49 shall be given to the seriousness of the violation, the violation duration, guilt and the company's turnover.
When assessing the seriousness of the violation must take particular account of:

1.
Infringement

2.
Entity gains

3.
Infringement actual impact on the market

4.
Size of the affected market

5.
Whether the offender has had a leading or passive role in the infringement.

By assessment of infringement penalties may extenuating circumstances given weight, including about:

1.
Undertaking by guidelines, instruction, training, inspection or other measures have tried to prevent the infringement

2.
Company has assisted authorities in connection with the disclosure of the infringement.

Norwegian Post and Telecommunications Authority may impose a penalty of up to 10 percent of the company's turnover if undertakings or anyone acting on behalf of the firm intentionally or negligently commit infringements referred to the Postal Services Act § 49.
Norwegian Post and Telecommunications Authority may impose physical person who willfully or negligently commit infringements referred to the Postal Services Act § 49 fine of up to 30 court fees.

§ 28. Exemption Norwegian Post and Telecommunications Authority may in particular cases or when their application would be unreasonable, make exceptions from the provisions of this regulation.

§ 29. Entry into force This regulation comes into force on 1 January 2016 with the exception of § 22 and § 23 as implemented when the Ministry.
From the time the regulation enters into force repealed:

A.
Regulation on 1 July 1997 no. 658 on the provision of universal postal

B.
Delegation on 10 November 1997 no. 1156 of the authority to grant exemptions from the duty of confidentiality for employees of postal operator to the NPT

C.
Delegation 1. July 1998 no. 688 of authority to keep a register of postal operators.

§ 30. Changes in other regulations when the regulations come into force the following amendments to other regulations:

1.
Term "postal operator 'shall be deleted and replaced by the term" mail provider "in:

A.
Regulation on 11 October 1985 no. 1810 on mail preaching § 6 subsection

B.
Regulation of 21 December 2005 no. 1720 on the management of subsidies for the employment of seafarers § 17 subsection

C.

Regulations 31 May 2011 No.. 697 on studies and examinations at the Police Academy § 24 no. 3.

2.
When the regulation comes into force the following amendments to other regulations:

Regulations on 21 February 2005 no. 168 on fees payable to the NPT is amended as follows: - - -