Key Benefits:
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PROPOSED LAW NO. 35 /XII
Exhibition of Motives
The postal sector is regulated, at the level of the European Union, by Directive No 97 /67/CE of the
European Parliament and of the Council of December 15, 1997 on the rules
common for the development of the internal market for community postal services and the
improvement in quality of service, which has come to institute a new regulatory framework for the
postal sector (Postal Directive).
This directive has aimed, on the one hand, to ensure the existence of a universal postal service whose
reserved area has been bounded and on the other, proceed to a gradual liberalization and
controlled from the market, and a timetable has been set for the process of taking
decision with regard to the pursuit of the opening up of the postal market to competition.
As originally planned, the Postal Directive came to be amended by the Directive
n. 2002 /39/CE of the European Parliament and of the Council of June 10, 2002, which
continued opening up to the competition of the postal services of the Community and in which they were
foreseen, since soon, subsequent revisions to the scope of services reserved to the provider
of the universal service.
Taking aim at full liberalization of the market with the consequent elimination of
reserved area, has been published Directive No 2008 /6/CE of the European Parliament and of the
Council of February 20, 2008 amending the Postal Directive in respect of the full
realization of the internal market of the postal services of the Community (Directive
n. 2008 /6/CE).
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In Portugal, the Postal Directive has been transposed into the internal legal order by the Law
n. 102/99 of July 26, subsequently amended by Decree-Law No. 116/2003, of 12
of June, and the general bases to which the establishment, management and the general are laid down were defined there
exploitation of postal services in the national territory, as well as international services
with origin or destination on the national territory.
The said Act enshrines the fundamental lines of community and national policy for the
postal sector and, alongside the progressive creation of a single and open market of services
postcards, maintain the necessary guarantees to the pursuit of the public interest, translated into the
provision of a universal service.
With effect, pursuant to Law No. 23/96 of July 26, amended by Law No. 12/2008, of
February 26, by Law No. 24/2008 of June 2 and by Law No. 44/2011, 22 of
June, which creates in the legal planning some mechanisms designed to protect the utent
of essential public services, postal services integrate the cast of public services
essential.
The universal postal service, which consists of a permanent offer of postal services with
specified quality, provided in the entire national territory, at affordable prices to all
users, has so far integrated a reserved area. This consists of a
part of the universal service the provision of which may only be ensured by the provider of the
universal service-the CTT-Correios de Portugal, S.A. -company to which such provision was
dealerships through the Bases of the Universal Postal Service Grant approved in
annex to Decree-Law No. 448/99 of November 4, and subsequently amended by the
Decree-Law No 116/2003 of June 12 and by the Decree-Law No. 112/2006 of 9 of
June.
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So, so far, it is vehement to the market for the provision of postal services
integrated in that reserved area, constituted, inter alia, by the submissions of
correspondence whose price was equal to or less than two and a half times the public tariff of
a mailing mailing of the first weight level of the standard category plus
fast and with weight equal to or less than 50 grams.
Ora, the transposition of Directive No 2008 /6/CE, of the European Parliament and of the Council,
of February 20, 2008, carried out by this Law, entails the disposal of the postal area
reserved and the full liberalization of the postal sector, having chosen to reshape the
respective legal framework, with the consequent revocation of the current legal framework,
presently dispersed by several diplomas.
In this framework, the present Law regulates and modifies the matters previously provided for in the Act
n ° 102/99 of July 26, as amended by Decree-Law No. 116/2003 of June 12, and
proceeds to the regulation of the access and exercise of the activity of postal service provider
explored in competition, regime previously provided for in Decree-Law No 150/2001
of May 7, as amended by the cited Decree-Law No. 116/2003 of June 12.
Of the provisions to be repealed, the provisions of Law No. 88-A/97 of 25 are found.
July, which regulates the access of the private economic initiative to certain activities
economic, vetting to private companies and other entities of the same nature the access
to the economic activity of communications by post which constitute the public service
of the post office, save when concessionated. This law provides for the definition, by decree-law,
of the public postal service.
Ora, so as to allow the approval of the sectoral legislation that transposes the Directive
n. 2008 /6/CE, instituting the full liberalization of the postal market, becomes necessary
proceed to the repeal of some provisions of Law No 88-A/97 of July 25.
Indeed, the mentioned prohibition of the access of the private economic initiative to the activity
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of communications by post which constitute the public postal service, save when
dealership, is incompatible with the current European framework applicable to the postal sector, by
prevent the full liberalisation of the market.
Thus, this Law establishes the legal regime applicable to the provision of postal services,
in full competition, in the national territory, as well as international services with
origin or destination on the national territory, transposing to the internal legal order a
Directive No 2008 /6/CE.
This Law marks the beginning of the full liberalization of the postal sector and aims to provide the country with
a complete and coherent model that, on a par with the guarantee of the exercise of free competition
in the postal sector, effectively accompanies the rights of users of postal services,
regardless of the nature of the service provider to which they resort. Acautelates,
equally, the continuity of an efficient, quality and total universal service
territorial coverage, in line with the necessary protection of the interests of the
users.
The net costs of the provision of the universal service must be compensated when
represent a non-reasonable financial burden for the respective providers. For the
effect, the recourse to a compensation fund, supported by the providers, is expected to
postal services. The criteria for comparticipation for the fund, as well as the form of
functioning of the same, will be defined in joint portery of the members of the
Government responsible for the finance sector and the communications sector.
It was, as yet, taken into account the new legal framework for the provision of established services
by Decree-Law No. 92/2010 of July 26, which transposed Directive No 2006 /123/CE,
of the European Parliament and of the Council of December 12 on services in the
internal market, without, however, forgetting wants the character of general economic interest
of universal postal services, or the specific normative framework of the Postal Directive that
prevails over the discipline of Directive No 2006 /123/CE, concerning services in general.
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A public consultation was held and the National Consume Council was heard, the
National Data Protection Commission and the Competition Authority.
Thus.
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law, with a request for priority and urgency:
CHAPTER I
General provisions
Article 1.
Subject
1-A This Law establishes the legal regime applicable to the provision of postal services in the
national territory, as well as international services with origin or destination in the
national territory, transposing Directive No 2008 /6/CE of the European Parliament and of the
Council, of February 20, 2008, amending Directive No 97 /67/CE, of the
European Parliament and of the Council of December 15, 1997 on the
full realization of the internal market of the postal services of the Community.
2-A This Law outlines the scheme for the access and exercise of the provision of postal services
with the Decree-Law No. 92/2010 of June 26, which transposed the Directive
n. 2006 /123/CE, of the European Parliament and of the Council of December 12, 2006,
on services in the internal market.
3-The regime for the exploitation and use of postal services in the national territory, well
as from international postal services with origin or destination on the national territory,
appears in a diploma in development of this Law.
Article 2.
Objectives
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1-A This Law has as its objectives:
a) Define the conditions for the provision of postal services in full competition;
b) To ensure the efficient and sustainable provision of a universal postal service; and
c) To establish the rights and interests of users, in particular of the
consumers.
2-In the pursuit of the objectives set out in this Law shall be observed
following principles:
a) Ensuring the existence, availability, accessibility and quality of the provision
of the universal service;
b) Ensuring the sustainability and economic-financial-financial viability of the provision of the
universal service;
c) Ensure the implementation and respect of the essential requirements set out in Article 7;
d) To ensure the protection of users in their relationship with the
postal service providers, specifically in the treatment and resolution of
complaints;
e) Ensuring equal access to the market.
Article 3.
Freedom to provide postal services
1-Under the terms of this Law, the freedom to provide postal services is guaranteed.
2-The provisions of the preceding paragraph shall be without prejudice to:
a) The specific regime to which it obeys the provision of the universal service; and
b) The activities and services that, for reasons of order and public safety or of
general interest, may be reserved for certain service providers
postcards, such as the placement of milestones and mailboxes on the public track
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intended for the receipt of postal items, the issuance and sale of postage stamps with
the mention Portugal and the registered mail service used in procedures
judicial or administrative.
3-A allocation, to a postal service provider, of the services and activities referred to
in the paragraph b) of the preceding paragraph shall be done in accordance with procedures and criteria
of selection, pursuant to the Code of Public Procurement.
4-For the purposes of this Law, a postal service provider shall be deemed to be
natural or legal person providing postal services, in the terms set out herein,
being the user the natural or legal person benefiting from a provision of
postal service, while sender or addressee.
Article 4.
Activity of provision of postal services
1-Integrate postal service activity the operations of:
a) Acceptance, understanding as such the set of operations relating to admission
of the postal items in a postal network, notably its collection by the
postal service providers;
b) Treatment, which consists of the sorting of postal items for their transport up to
to the distribution centre of the area to which they are intended;
c) Transport, which consists in the displacement of postal items, by technical means
suitable, from the point of access to the postal network to the distribution centre
of the area to which they are intended; and
d) Distribution, which consists of the set of operations carried out since the division
of the postal submissions, at the distribution centre of the area to which they are intended, up to the
delivery to its recipients, natural or legal persons to whom it is directed
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a postal submission.
2-To ensure the operations of acceptance, treatment, transport and distribution of
postal mailings, the postal service provider uses a set of human means and
materials that constitute the postal network.
3-International postal services cover postal items received in Portugal
with origin in another country or with origin in Portugal and destination in another country.
4-For purposes, in particular of the provisions of paragraph c) of paragraph 1, is understood by points of
access, physical locations, including milestones and mailboxes available to the public,
either on the public track or in other public or private places, particularly in the
facilities of postal service providers, where senders, natural persons
or collective that are at the origin of the postal shipment, may deposit the postal items
on the postal network.
Article 5.
Types of postal items
1-Constitutes a postal mailing the object, addressed in the definitive form, obeying the
physical and technical specifications that allow for your treatment in a postal network, well
as the respective delivery at the address indicated in the object itself or in its
invosing, specifically:
a) Mailing of correspondence, which consists of the written communication in a support
physical of any nature, including the advertising addressed;
b) Books, catalogues, journals and other periodical publications;
c) Postal order, to which constitutes a volume containing goods or
objects with or without commercial value.
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2-For the purposes of the provisions of the a ) of the previous number, is understood by advertising
addressed the sending of correspondence with identical message that refers to a
significant number of recipients exclusively with advertising purposes, of marketing
or disclosure.
3-The postal mailing is assigns by registered sending when the same has value guarantee
fixed monetary against the risks of extravio, theft, theft or deterioration, providing
to the sender, at your request, a proof of the deposit or its delivery to the consignee.
4-Postal submission can still be classified as submission with declared value, always
that deals with a postal sending with a guarantee of the monetary value of the content up to the
amount declared by the sender, in the event of stray, theft, theft or deterioration.
Article 6.
Coordination in emergency situations
It is incumbent upon the State to ensure, under the law, the appropriate coordination of services
postcards in an emergency, crisis or war situation.
Article 7.
Essential requirements in the provision of postal services
1-In the provision of postal services, the following requirements must be safeguarded
essential:
a) The inviolability and secrecy of postal items, with the limits and exceptions
provided for in the criminal law and other applicable legislation;
b) The security of the postal network, particularly in the transport of
hazardous substances;
c) The confidentiality of the information transmitted or stored;
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d) The protection of personal data and private life;
e) The protection of spatial planning and the environment;
f) The respect for the terms and the labour conditions and the security regimes
social established by law, by regulation, by administrative provisions
and by instruments of collective labour regulation.
2-A inviolability and the secrecy of postal items and the protection of data to which you rent the
previous number cover, namely:
a) The ban on reading any postal items, even if not closed in
closed casings, as well as the mere opening of closed postal items;
b) The prohibition of revealing to third parties of the content of any message or
information that if you have become aware, due or improperly, well
as of the revelation of identities and the relationships between shippers and recipients and
of the addresses of both.
CHAPTER II
National Regulatory Authority
Article 8.
National regulatory authority
1-The ICP-National Communications Authority (ICP-ANACOM), is the authority
competent, pursuant to this Act and its Statutes, approved by the
Decree-Law No. 309/2001 of December 7 to perform the duties of
regulation, supervision and surveillance in the postal services sector.
2-Compete to ICP-ANACOM, namely:
a) The drafting and approval of the regulations necessary for the implementation of the scheme
established by this Law;
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b) The representation in international organisations, in the framework of postal services,
in the terms of its Statutes;
c) The issuance of individual licences for the provision of postal services;
d) The issuance of the supporting statements of the inscription in the register of the
postal service providers;
e) The supervision of the provision of the universal service;
f) The surveillance of compliance with the related legal and regulatory provisions
to the activity of the provision of postal services, as well as the application of the
respective sanctions.
3-It is guaranteed by this Law and by the statutes of the ICP-ANACOM:
a) The independence as an organic, financial and functionally separate entity
of the Government, endowed with the means necessary for the performance of its tasks;
b) The independence as an organic, financial and functionally separate entity
of postal service providers;
c) The effective separation between the functions of regulation and the skills connected to the
owned or to the direction of the companies in the sector over which the State
detain the property or control.
4-The ICP-ANACOM and the authorities and services responsible, in particular by the
application of the competition regime and consumer protection legislation, they must
cooperate with each other on matters of common interest.
5-The ICP-ANACOM should cooperate with the European Commission and the other
national regulatory authorities in matters relating to the application of this Law.
Article 9.
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Public consultations
1-Where, in the exercise of the powers provided for in this Law, the ICP-ANACOM
intends to adopt some measure that has significant impact on the market, must
advertise the respective draft decision and grant any entity to
possibility to rule on the same within a period of not less than 20 days.
2-When there are duly substantiated reasons of urgency, the ICP-ANACOM
may decide not to carry out the public consultation provided for in the preceding paragraph or to carry it out
within a shorter time frame.
CHAPTER III
Universal postal service
SECTION I
Scope of universal service
Article 10.
Universal service
1-The existence and provision of the universal service is ensured, which consists of the offer of
postal services defined in this Law, with specified quality, available from
permanent form throughout the national territory, at prices accessible to all the
users, targeting the communication needs of the population and activities
economic and social.
2-For the purposes of the provisions of the preceding paragraph, it is incumbent upon the State to provide for that
the density of the access points corresponds to the needs of the users.
3-A public or private entity providing postal services which, pursuant to the
present law, provides the universal service or elements of this in part or in whole
national territory, it is designated a universal service provider.
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Article 11.
Characteristics of universal service
1-A The provision of the universal service shall ensure the satisfaction of the following needs:
a) The provision of the postal service at affordable prices to all users;
b) The satisfaction of appropriate standards of quality, namely, in what if
refers to delivery times, density of points of access, regularity and
reliability of the service;
c) The provision of the service under conditions of equality and non-discrimination;
d) The continuity of the provision of the service, save in cases of force majeany;
e) The evolution in the provision of the service in function of the technical, economic environment
and social and the needs of users;
f) The fulfillment of obligations inherent in the provision of the universal service that
result from international linkage of the Portuguese state.
2-Universal service providers must advertise in an appropriate manner and provide
regularly, to users and postal service providers, information
precise and up-to-date on the characteristics of the universal service offered,
specifically, on the general conditions of access and use of the service, prices and
quality levels.
Article 12.
Scope of universal service
1-Universal service comprises a postal service, in the national and international scope,
of mailing submissions, excluding the advertising addressed, and still sending out
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catalogues, books, journals and other periodicals up to 2 kg weight and de
postal parcels up to 10 kg weight, as well as a service of registered submissions and a
service of submissions with declared value.
2-Are not covered by the universal service the express courier services,
understanding itself as such the value-added services, characterized by the
acceptance, treatment, transport and distribution, with increased speed, of submissions
postcards, differentiating themselves from the respective basic postal services by a set of
supplementary characteristics, such as:
a) Pre-definedness deadlines;
b) Registration of submissions;
c) Guarantee of liability of the provider, upon insurance by which the
sender know beforehand the formula for the rebirth of the damage
caused;
d) Control of the pathway of submissions by the operating circuit of the provider,
allowing the identification of the state of the submissions and information to the customer.
3-Universal service providers must ensure a collection and distribution
of postal submissions covered within the universal service at least once per
day, on all working days, save under circumstances or geographical conditions
exceptional previously defined by the ICP-ANACOM.
4-A distribution referred to in the preceding paragraph shall be made at the domicile of the consignee or,
in cases and conditions previously defined by ICP-ANACOM, in premises
appropriate.
SECTION II
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Obligations of the provision of universal service
Article 13.
Quality of universal service
1-The quality of service and the performance objectives associated with the
provision of the universal service, inter alia, those relating to the deadlines of
forwarding, regularity and reliability of services, as well as the rules
relating to their measurement, monitoring and dissemination are set annually by the ICP-
ANACOM, ears the providers of universal service and organisations
representative of consumers, pursuant to Article 43.
2-The quality of service parameters and the performance objectives referred to in the
previous number must be compliant with the quality standards set for the
intra-Community services and for the remaining international services.
3-Universal service providers must have a system for measuring levels
of quality of service actually offered, which must comply with the standards
applicable to the measurement of the quality of the universal service, namely, services
intra-Community, and shall carry out the measurement of the quality levels of the service by the
less once a year, through recourse to an independent external entity.
4-The results of the control referred to in the preceding paragraph shall be the subject of a report
published, at least once a year, by the universal service providers.
5-The ICP-ANACOM will ensure the conduct of audits or other mechanisms of
control of the quality levels of service offered by service providers
universal, independently, through external bodies, in order to guarantee the
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accuracy and comparability of data made available by service providers
universal.
6-The results of the audits or the other control mechanisms referred to in us
previous figures should be the subject of a report, which should be published by the
less once a year on the ICP-ANACOM Internet site.
Article 14.
Regime of prices
1-A fixing of the prices of postal services that integrate the provision of the universal service
obeys the following principles:
a) Accessibility to all users;
b) Guidance for costs, and the prices should encourage an efficient provision
of the universal service;
c) Transparency and non-discrimination.
2-The special prices and associated conditions of the postal services that integrate the offer
of the universal service, applied by the universal service providers, namely,
for services to companies, the senders of submissions in quantity or to intermediaries
responsible for the grouping of submissions from various users, they must still:
a) Taking into account the avoided costs in relation to the standard service that offers
the four operations integrated into the postal service;
b) Be applied in an equal manner, regardless of the type of beneficiary;
c) Be applied to users who carry out submissions under similar conditions, in
special the individual users and small and medium-sized enterprises.
3-The fixed ICP-ANACOM, for each year, the criteria to which it must obey the formation of the
prices of the postal services that make up the universal service.
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4-Universal service providers must notify the ICP-ANACOM annually of the
prices to be practising in relation to the postal services that integrate the offer of the service
universal, including any change to the same, with the minimum advance of 30
days in relation to the date of its entry into force.
5-Until the end of the period referred to in the preceding paragraph, should the ICP-ANACOM consider
that the prices presented do not meet the principles and criteria referred to in the present
article, must notify providers of universal service on the basis of a decision
substantiated, for these to proceed to the review of them within 15 days.
6-Havendo place, in the terms of the preceding paragraph, to the revision of prices by providers
of universal services, ICP-ANACOM assesses the new constant prices of that new
notification within a maximum of 15 days from the date of receipt.
7-Case the ICP-ANACOM does not rule until the end of the period referred to in paragraph 5 or in the
previous number, providers of the universal service can practise the prices that
have been notified.
8-Within the scope of the postal services that integrate the provision of the universal service, the
ICP-ANACOM can:
a) Determine, on grounds of public interest, duly substantiated, that
the price of postal service of mailing submissions whose weight is lower than
50g comply with the principle of tariff uniformity, with the application of a price
unique throughout the territory, without prejudice to the right of service providers
universal to celebrate with users individual agreements in respect of
special prices;
b) Impose price control mechanisms, including maximum price limits,
to the extent that this is necessary to promote competition or defend
the rights and interests of the users;
c) Determine that some postal services to be used by blind and
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ambliopes are provided free of charge;
d) Determine the change in the prices of postal services that integrate the offer of the
universal service, as well as alteration or elimination of the associated conditions
prices, duly substantiated in terms of the fulfillment of the
principles set out in paragraph 1, and taking into account the quality of the service provided,
to the extent that this is necessary to promote competition or defend
the rights and interests of the users.
SECTION III
Analytical accounting system
Article 15.
General rules regarding the analytical accounting system
1-Universal service providers must have an accounting system
analytics that allows for the separation of accounts between each of the services and products that
integrate universal service and those that do not integrate it, so as to enable,
notably, the calculation of the net cost of universal service.
2-The analytical accounting system should additionally allow for the separation of the
costs associated with the various integral operations of the postal service, as defined
in Article 4.
3-A The application of the accounting system should be based on the principles of accounting
analytics, coherently applied and objectively justifiable.
Article 16.
Allocation of costs
1-Without prejudice to the provisions of the following number, the analytical accounting system
referred to in the previous article shall allow the costs to be charged to a
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certain service or product that are directly attributable to you.
2-The analytical accounting system referred to in the previous article shall allow the
common costs, which cannot be directly attributed to a service or product,
are imputed as follows:
a) Where possible, common costs shall be charged on the basis of
direct analysis of the origin of the costs themselves;
b) When direct analysis is not possible, the categories of common costs should
be imputed on the basis of an indirect link to another category or group of
category of costs for which it is possible to carry out a
direct imputation or allocation;
c) The indirect link referred to in the preceding sub-paragraph shall be based on structures of
comparable costs;
d) When it is not possible to establish direct or indirect measures of apportionment
of the costs, the cost category shall be charged on the basis of a key of
general breakdown, calculated in relation to the ratio of all direct expenditure
or indirectly imputed or assigned, on the one hand, to each of the services
that make up the universal service and, on the other, the other services;
e) The common costs required to provide the services that make up the service
universal and the other services must be correctly assigned, and must be
applied the same cost factors to both services.
3-Universal service providers may apply other accounting systems
analytics provided that they are compliant with the provisions of paragraphs 1 a to 3 of the previous article
and have been previously approved by the ICP-ANACOM, passing such systems to
be used for the purposes set out in this Law.
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4-Compete to ICP-ANACOM:
a) Approve the analytical accounting systems within a maximum of 200 days
counting from the date of the respective presentation by service providers
universal;
b) To ensure that the correct application of analytical accounting systems, in
compliance with this section, be audited by an entity
competent, independent of universal service providers;
c) Annually publish a declaration of conformity of the systems of
analytical accounting of postal service providers and results
obtained.
SECTION IV
Mechanisms for the provision of universal service
Article 17.
Provision of universal service
1-Elapsed the time limit specified in Article 57 (1), the provision of the universal service
can be ensured through the following mechanisms:
a) Efficient operation of the market, under the individual licence scheme;
b) Designation of one or more postal service providers for the provision of
different elements of the universal service or for the coverage of different
parts of the national territory.
2-The mechanisms adopted must be the most appropriate and efficient to ensure the
availability of universal service throughout the national territory.
3-The mechanisms adopted shall also comply with the principles of transparency,
of non-discrimination and proportionality, ensuring the continuity of the provision of the
universal service as a factor of social and territorial cohesion.
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4-In the case provided for in paragraph b) of paragraph 1, the designation of universal service providers
must have a sufficient duration to ensure the profitability of investments
necessary, being reviewed periodically and analyzed in the light of the conditions and of the
principles referred to in paragraphs 2 and 3.
5-Should it be designated more than a universal service provider, it must be guaranteed
that there is no overlap of universal service obligations.
6-A designation to which you rent the ( b) of paragraph 1 shall be the form of the concession contract,
applying for the procedures laid down in the Public Procurement Code.
SECTION V
Financing of universal service
Article 18.
Compensation of the net cost of universal service
1-Universal service providers are entitled to the compensation of the net cost of the
universal service when this constitutes a non-reasonable financial burden for the
same.
2-For the purposes of the provisions of the preceding paragraph, the ICP-ANACOM shall define the concept
of unreasonable financial burden, as well as the terms governing your
determination, in particular the criteria used, within 180 days of the
entry into force of this Law.
3-Universal service providers, when they consider that the provision of the service
universal generated, in a given year, a net cost that represented a burden
non-reasonable financial, shall, up to six months after the end of the calendar year in question,
submit to the ICP-ANACOM an application for compensation of the same, accompanied
of the calculation made pursuant to Art. 19 and all the information they consider
relevant.
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4-Universal service providers must make the accounts available and the information
pertinent to the calculation referred to in this article, which are the subject of audit
carried out by ICP-ANACOM or another independent entity and subsequently
approved by ICP-ANACOM.
5-The ICP-ANACOM shall, within a maximum period of 120 days from the date, be given
where the application for compensation referred to in paragraph 3 is submitted, on the
existence of a net cost of the universal service and on whether or not such cost constitutes
a non-reasonable financial burden.
6-A The decision of the ICP-ANACOM referred to in the preceding paragraph shall be communicated to the
member of the Government responsible for the area of communications and the providers of the
universal service.
Article 19.
Calculation of net cost
1-The net cost of universal service consists of the difference between the net cost in which
they incur the universal service providers, operating with service obligations
universal, and the net cost of the same providers, operating without these obligations.
2-Compete to the ICP-ANACOM define the methodology of calculating the net cost of the
universal service, in accordance with the principles and rules enshrined in this section, in the
term of 180, to be counted from the entry into force of this Law.
3-In the calculation of the net cost, the following elements shall be taken into account:
a) The benefits, materials and non-materials, which revert to the respective
universal service provider;
b) The right of the universal service provider to obtain a reasonable profit,
represented by the cost of capital relative to the investments required by
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provision of the universal service, which shall reflect the risk incurred;
c) The appropriate incentives to which the respective provider of universal service
comply with universal service obligations in an economically efficient manner.
4-The calculation of the net cost is based on the imputable costs:
a) To the elements of the universal service necessarily offered with injury or
in cost-effective conditions that do not take place in normal business practices,
may include, in particular, the provision of postal services in an entire area
specific geographic, including single prices in that geographical area, and the offer of
certain free services to the blind and partially sighted;
b) To the end-users or specific end user groups that,
meeting the cost of supply of the specified service, the revenue generated and the
possible uniform prices at the geographical level imposed by the ICP-ANACOM, only
may be served with injury or in a cost condition that does not
frame in normal business practices.
5-Considerate included in the paragraph b) of the previous number the users or groups of
users who would not be served by a company that did not have the obligation to
provide the universal service.
6-The calculation of the net cost of specific aspects of universal service obligations is
carried out separately and in such a way as to avoid the double accounting of any
benefits or direct or indirect costs.
7-The overall net cost of universal service obligations is calculated as the sum of the
net costs of the specific components of universal service obligations, having
into account all non-material benefits.
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Article 20.
Funding
1-The net cost of universal service, when it represents a financial burden not
reasonable for the respective provider, is compensated by means of a mechanism of
apportionment by the postal service providers, and shall for the purpose be established,
by decree-law, a compensation fund.
2-The fund referred to in the preceding paragraph shall be constituted within 120 days of the
closing date of the first complete exercise elapsed after the approval of the system of
analytical accounting, in the terms of Article 16.
Article 21.
Compensation fund
1-The compensation fund provided for in the previous article is financed, alternative or
cumulatively, by the following means:
a) Comparticipation of all postal service providers, including the
designated universal service providers, who offer one or more services
covered within the scope of the universal service defined in accordance with paragraphs 1 and 2 of the
article 12;
b) The donations or legacies carried out by any natural or legal person who
wish to contribute to the financing of the universal postal service;
c) The income from the administration of the clearing fund,
notably, the income from bank deposit accounts where they hold
the availabilities of the fund;
d) The product of the fines and the application of compulsory financial penalties, in the
terms predicted in the point ( c) of Article 51 (4) and in Article 52 (5).
2-Can be defined by porterie of the Government members responsible for the areas
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of finance and communications, the form and the criteria for comparticipation to the fund
of compensation.
3-ICP-ANACOM is to be heard in the determination of the criteria for comparticipation
to the compensation fund.
4-The Government may choose to dispense with contributing to the compensation fund the
providers that do not attain the turnover fixed, by the porterie to which it does
reference to paragraph 2.
Article 22.
Administration of the compensation fund
1-The compensation fund is administered by the ICP-ANACOM or by another entity
independent of the universal service providers designated by the Government, in this case,
under the supervision of the ICP-ANACOM.
2-A the entity administering the fund shall:
a) Receive the respective contributions, using a transparent and neutral medium
for collection, in such a way as to avoid a double imposition of contributions;
b) Overseeing transfers and payments to be made to providers
universal service;
c) Disaggregate and separately identify for each provider the relative charges
to the breakdown of the cost of universal service obligations.
3-The ICP-ANACOM shall ensure that the criteria for the allocation of costs and the elements
constituents of the mechanism used are accessible to the public.
SECTION VI
Additional mandatory services
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Article 23.
Provision of additional mandatory services
By decree-law, other services may be set to make available, in addition to
postal services that make up the universal service, which must be compensated by
other means other than through the compensation fund referred to in the previous articles.
CHAPTER IV
Arrangements for the provision of postal services
SECTION I
Article 24.
General provisions relating to the postal service in free market
1-A The provision of postal services is subject to:
a) To the individual licence scheme, in the case of services covered by the scope of
universal service defined in the terms of Article 12 (1) and 2 and the respective
access to the activity is not done by designation, under the terms of the ( b ) of paragraph 1
of Article 17; or
b) To the general authorization regime, in the remaining cases.
2-A activity of provision of postal services subject to individual leave or to the scheme of
general permission can be exercised by natural persons, with open activity in the
finance services and by regularly constituted legal persons, with
principal or secondary establishment in national territory, and whose social object
include the exercise of the postal service activity, by becoming obliged to
to comply with the conditions for the performance of the activity applicable to them,
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in particular the provisions of Article 37.
3-A activity of provision of postal services subject to individual leave or to the scheme of
general permission can still be exercised by postal service providers legally
established in a Member State of the European Union or the Economic Area
European who wish to provide these same services on national territory, staying
required to comply with the conditions for the performance of the activity that are applicable to them,
in particular the provisions of Article 37.
4-For the purposes of the preceding paragraph, when analyzing the conditions required for the exercise of the
activity of postal service provider, to the ICP-ANACOM must take into account the
requirements and equivalent checks, or comparable as to the purpose, to which the
applicant has already been submitted in national territory or in another Member State of the
European Union or the European Economic Area.
5-Compete to ICP-ANACOM to approve the rules procedurals, the models and the
forms necessary for the exercise of the postal service provider activity.
Article 25.
One-stop shop
Without prejudice to the possibility of recourse to other forms of communication, all of
communications and notifications provided for in this Chapter, as well as the sending of
documents, of applications or of information, are carried out by electronic means,
through the electronic single counter of the services, referred to in Article 6 of the Decree-Law
n. 92/2010, of July 26.
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Article 26.
Registration of postal service providers
1-Compete to ICP-ANACOM maintain, update in a regular manner and disclose,
in particular, on its website, a register of postal service providers,
which shall contain the following information:
a) Complete identification of the provider, including the domicile or registered office and,
where applicable, the location of the secondary establishment in Portugal;
b) Indication of the postal network in which the provider is supported on national territory;
c) Services provided on national territory;
d) Geographical area of acting on national territory;
e) Date of commencement of activity on national territory;
f) Indication of the provision of postal services on national territory under the scheme
of the free provision of services, where applicable.
2-In the event of the impossibility of notification of postal service providers by
term of more than 90 days because of these attributable, the ICP-ANACOM may promote
the suspension of the enrolment of the provider on the record, without prejudice to the settlement and collection
immediate of the fees that are due and the application of the fine to which there is place.
SECTION II
Individual leave regime
Article 27.
Statement of the application
1-A individual licence is an administrative permission, to be issued through act of the
ICP-ANACOM, in advance of the commencement of the activity, which submits the activities of that
provider to specific obligations.
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2-The entities wishing to obtain an individual licence for the provision of services
postcards must submit to the ICP-ANACOM an application instructed with the
elements required by this entity, in accordance with the approved model,
particularly:
a) The elements that allow for their complete identification, in the case of persons
singular, by means of simple copy of the identification document and
proof that it is a natural person with open activity in the services of
finance or, in the case of legal persons, code of access to the certificate
permanent or extract in a simple form of the content of the inscriptions in force in the
commercial registration and indication of the number of identification of legal person, or
still, dealing with legally established entity outside the national territory,
copy of the documentation issued by the competent authorities of the country of
source;
b) Description of the activities already carried out within the framework of postal services, always
what applicable;
c) Information on the agreements concluded or to be concluded with third parties having in
view the exercise of the activity of postal services you intend to exercise;
d) Description of the project that proposes to implement, namely, nature,
characteristics of the service and coverage zones, the postal network in which it supports,
the levels of quality of service to be ensured and the measures provided for to ensure
the execution, reliability and quality of the postal service;
e) Date foreseen for the start of the activity;
f) Information on the technical and human capacity needed to ensure the
compliance with the essential requirements set out in Article 7.
Article 28.
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Allocation of licences
1-After the submission of the application, it is incumbent on the ICP-ANACOM:
a) Notify the applicant of the receipt of the application, informing you of the deadline
in the law for the final decision, of the effects resulting from the lack of final decision in that
term and of the applicable administrative reaction routes;
b) Check that the application is properly instructed and, otherwise,
request the additional documents that are necessary;
c) Require, in a reasoned manner, the necessary clarifications on the
aspects mentioned in paragraph 2 of the previous article.
2-The application must be dismissed when:
a) Do not comply with the requirements required in Articles 24 and 27;
b) The applicant entity shall find itself suspended or interspoken from exercising the respective
activity pursuant to Art. 48;
c) The applicant entity is a society that directly or indirectly
participate, domine, be participated or dominated by natural or legal person
to be found in the situation referred to in the preceding paragraph.
3-The application for licensing must be decided within a maximum of 40 days.
4-Fishing the deadline provided in the preceding paragraph, is automatically issued demonstrative
that determines the tacit dewound of the requirement.
5-The time limit referred to in paragraph 3 shall be suspended in the cases provided for in paragraph 3 b) and c) of paragraph 1, up to
to the reception of the requested elements.
Article 29.
Elements of licences
Of the licence must appear, in particular, the following elements:
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a) Identification of the services covered;
b) Geographical area of acting;
c) Deadline for commencement of activity;
d) Rights and obligations of the provider;
e) Term and term of the licence.
Article 30.
Deadline and renewal of licences
Licences are assigned by the term of 10 years, renewables automatically by equals
periods, without prejudice to its amendment, revocation or lapse.
Article 31.
Change
1-The licences can be changed in the following cases:
a) On the initiative of ICP-ANACOM, on the publication of standards that
come to be approved and that they are disagreable with requirements and conditions not foreseen to the
date of its award, in accordance with the principles of the pursuit of interest
public and proportionality;
b) At the request of the licensed entity, which shall be duly substantiated and
subject to authorization from the ICP-ANACOM.
2-For the purposes of the provisions of the a) from the previous number, owes to the ICP-ANACOM
to notify the entity of the amendment which it intends to introduce to the respective title,
granting you a minimum 10-day deadline for this to address.
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Article 32.
Transmissibility of licences
Licences are transmittable upon prior authorization of ICP-ANACOM, granted
in accordance with Articles 27 and 28 of this Law, with the necessary adaptations, and
entity to which it is transmitted the licence to comply with the requirements set out in this Law,
assuming all the rights and obligations inherent in the respective title.
Article 33.
Extinction of licences
1-The licences extinguish by lapse or by revocation.
2-It is grounds for expiry of the licences:
a) The cessation of activity by the respective holder;
b) Extinction of the titular legal person of the licence;
c) The de facto occurrence that causes the definite impossibility of development
of the activity in question; or
d) The course of the deadline, chance the ICP-ANACOM object, with at least six
months in advance, to the automatic renewal of it.
3-In the event of non-compliance, by the licensed entity, of this Law, of the
respective development diplomas or the conditions indicated in the licence, the
licences can be revoked by decision of the ICP-ANACOM under the terms of the article
48.
SECTION III
General Authorization
Article 34.
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Procedure
1-The entities intending to initiate the provision of postal services not subject to licence
individual are required to communicate in advance to the ICP-ANACOM, according to
the approved model:
a) The elements that allow for their complete identification, through the means
provided for in paragraph a) of Article 27 (2);
b) The description of the service they propose to provide;
c) The geographical area of acting;
d) The postal network in which they support;
e) The target date for the commencement of the activity;
f) Their intention to establish themselves in Portugal, in case here they do not intend to
exercise its activity in regime of free provision of services.
2-The entities must obtain proof of the submission carried out in the terms of the preceding paragraph,
upon notice of legally recognized receipt, inter alia postal or
electronic.
3-They may not engage in the activity of provision of postal services under the scheme of
general authorization the notifying entities that:
a) Whether they find suspended or interspoken from carrying out the respective activity in the
terms of Article 48;
b) Be it societies that, directly or indirectly, participate, dominate, be
participated in or dominated by natural or legal person who finds himself in the
situation referred to in the preceding paragraph.
4-Without prejudice to the provisions of the preceding paragraph, after the submission of the communication
duly instructed in accordance with paragraph 1, notifying entities may initiate from
immediate to their activity.
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Article 35.
Registration in the register of providers
It is incumbent on ICP-ANACOM, within 10 days of the receipt of the
communication provided for in the previous article, issue statement proving the enrollment of the
notifying entity in the register of postal service providers.
SECTION III
Rights and obligations of postal service providers
Article 36.
Rights of postal service providers
They constitute rights of postal service providers:
a) To develop the activity of provision of postal services;
b) Establish, manage and exploit a postal network;
c) Negotiate with other postal service providers to access and access the
respective networks, under the terms of this Law;
d) Negotiate with other postal service providers to access and access the
respective elements of the postal infrastructure or services by these provided,
in the terms of this Act;
e) Enter into contracts with third parties to carry out operations that integrate the
postal services they provide;
f ) Freely set the prices of services provided, including access prices
to postal networks and to the elements of the postal infrastructure, without prejudice to the
rules laid down in this Law as to the pricing.
Article 37.
Obligations of postal service providers
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1-Without prejudice to other obligations stated in this Law, constitute obligations of the
postal service providers:
a) Comply with the essential requirements set out in Article 7;
b) Comply with the legal and regulatory standards applicable to the activity, as well as the
determinations of the ICP-ANACOM;
c) To advertise in an appropriate way, namely, on its website, and
provide users with up-to-date and accurate information on a regular basis
the characteristics of the services provided, specifically, on the conditions
general access and use of the services, prices and quality levels
practiced;
d) Advertise, in an appropriate way, particularly on its website, and with the
minimum 30-day notice, the extinction, total or partial, of the services
provided on national territory;
e) Advertise, in an appropriate manner, particularly on its website, and with the
minimum 10-day minimum, the suspension, total or partial, of the services
provided on a national territory, unless fortuitous or force majeany;
f) To ensure the handling of user complaints in the terms provided for
in this Law;
g) Making available to the other postal service providers access to the network and the
elements of your postal infrastructure or services by you provided, in the
terms provided for in this Law;
h) Communicating to ICP-ANACOM any changes regarding the elements
constants of your registration referred to in Article 26, within the maximum period of 30 days a
count of your verification;
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i) Giving the ICP-ANACOM all the information that is requested to them, us
terms of Article 45;
j) Provide access to ICP-ANACOM to the respective facilities, equipment and
documentation for verification and surveillance of the obligations to which they are subject,
in the framework of the competences of this entity, as established in the
the respective Statute, and in the terms of the legislation applicable to the type of
procedure or process in question;
l) Proceed to the payment of the applicable fees, pursuant to Rule 44;
m) Carry out the activity in accordance with the respective licence or with the
communication sent to ICP-ANACOM pursuant to Rule 34, as
applicable;
n) Identify in each postal shipment the respective denomination, as a provider
of postal services.
2-Constitutions still specific obligations of licensed postal service providers:
a) Attend financially for the service's compensation fund
universal, pursuant to Article 21.
b) Have an accounting system that allows for separation of accounts between
services covered by the scope of the universal service defined in the terms of the
article 12 and the remaining services understood in their activity, when
to participate financially for the cost compensation fund of the
universal service;
c) Proceed, without prejudice to the provisions of paragraph c) from the previous number, to the measurement and
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publicising the levels of quality of service actually offered, from
agreement with the parameters and rules to be defined by the ICP-ANACOM, including
on the publicitation of the quality of service practiced, and respecting the
periodicity defined, when this obligation is imposed on them by the ICP-
ANACOM.
3-The obligations imposed under the terms of the c) of the previous number should be
transparent, accessible, non-discriminating, proportional, accurate and clear,
advertised with due advance, based on objective criteria and properly
justified by ICP-ANACOM, to ensure the protection of users.
4-Postal service providers are responsible for full compliance and
punctual of the obligations laid down in this Law, even if, for the exercise of its
activity, they resorted to services from other entities.
CHAPTER V
Access to networks and elements of the postal infrastructure
Article 38.
Access to postal networks
1-Universal service providers must ensure access to their networks in
transparent and non-discriminatory conditions, upon agreements to be established with the
postal service providers who request it, considering network of the service
universal the postal network affects the provision of universal service.
2-Agreements entered into in the terms of the preceding paragraph shall be remitted by the
universal service providers to ICP-ANACOM within 10 days of its
celebration.
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3-Should postal service providers fail to reach agreement as to the conditions of the
guaranteed access pursuant to paragraph 1, may any of the parties appeal to the ICP-
ANACOM, in accordance with the procedure laid down in Article 54.
4-In cases referred to in the preceding paragraph, ICP-ANACOM may determine the terms
and conditions of access, including prices, when this proves necessary to ensure
effective competition or the interests of the users and are fulfilled the
following requirements:
a) When they are concerned with elements of the postal network in question without the access to the
which a postal service provider finds it difficult to access the
market;
b) When access does not harm the security, efficiency and integrity of the
same nor the provision of universal service.
5-A The decision referred to in the preceding paragraph shall be duly substantiated and the
terms and conditions imposed, including prices, shall ensure respect for the
principle of transparency and non-discrimination to which the providers are obliged
universal service.
6-Where this proves necessary to ensure effective competition or interests
of the users, the ICP-ANACOM can:
a) Determine that universal service providers publish, in a way
appropriate, the terms and conditions of access to the network, including prices;
b) Define the terms and conditions of access to the networks of the universal service, the
information to be published in the terms of the previous paragraph as well as the form and the
mode of their publicitation;
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c) Determine changes to the terms and conditions of access to be advertised, to any
time and, if necessary, with retroactive effect.
7-The remaining postal service providers can negotiate and agree among themselves the
technical and commercial modalities of access to their respective networks, and the ICP-
ANACOM to intervene, under the terms of paragraphs 3 a to 5, where this is necessary for
ensure effective competition or protect the interests of users.
Article 39.
Access to elements of the postal infrastructure
1-Without prejudice to the provisions of the previous article, all postal service providers
may negotiate and agree upon each other the access to elements of your postal infrastructure or
the services by you provided, namely, the postal code system, the database
of addresses, the trimmed, the information about the change of address, the service of
re-forwarding and the return service to the sender.
2-Should the parties not agree on access to the elements or services
referred to in the preceding paragraph, and without prejudice to the provisions of Article 54, may any
one of the parties to have recourse to the ICP-ANACOM, which it may impose on the providers of
postal services the access to the elements and services referred to in the preceding paragraph in
transparent and non-discriminatory conditions, where this is necessary for
protect the interests of users or promote effective competition.
3-When there are several universal service providers with postal networks that,
in isolation, do not cover the totality of the national territory, the ICP-ANACOM can
impose conditions that ensure the interoperability of the various networks, in such a way
ensure the universality of the service.
CHAPTER VI
Users of postal services
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Article 40.
Right of use of services
Everyone has the right to use the postal services, upon payment of prices
correspondents and compliance with the applicable rules.
Article 41.
Complaints
1-Without prejudice to the provisions of Decree-Law No 156/2005 of September 15, amended
by the Decree-Law No. 371/2007 of November 6 by the Decree-Law No. 118/2009, of
May 19 and by the Decree-Law No. 317/2009 of October 30, all providers of
postal services shall ensure the processing of users ' complaints:
a) By transparent, simple and free procedures that guarantee
timely and reasoned response to the same and to allow ascertaining the
imputation of liability in cases where it is involved more than one
provider;
b) Establishing appropriate reimbursement and compensation systems.
2-The establishment and operation of the procedures and systems referred to in the number
previous must take into account applicable international standards, relating to treatment
of complaints, particularly those defined within the framework of the European Union.
3-In such a way as to ensure the transparency referred to in paragraph a) of paragraph 1, all providers
of postal services should make available to users, through publicitation in the
your websites and in the respective establishments, up-to-date information
on the complaints handling procedures and the reimbursement systems and
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compensation set out in the terms of the previous figures, as well as on the
mechanisms for out-of-court settlement of disputes with the users of which they have.
4-Universal service providers must measure, at least once a year,
indicators on the complaints received, and may the ICP-ANACOM, in terms of
proportional, non-discriminating and transparent, fix these indicators, rules and
methods of measurement.
5-Universal service providers shall publish information relating to the number
of complaints and to the respective resolution, on the terms that they come to be defined by the
ICP-ANACOM without prejudice to other information that this entity comes to
determine.
6-The ICP-ANACOM may determine that, in addition to the universal service provider, the
remaining postal service providers collect, publish and refer to the
ICP-ANACOM information regarding the complaints received, as well as set, in
terms provided for in paragraph 4, indicators, rules and methods for their measurement and
disclosure.
Article 42.
Submission of complaints
1-The users of postal services, individually or in conjunction with the
representative organisations of consumers, can complain to the ICP-
ANACOM in the cases of complaints previously submitted to providers
postal services, for which those have not responded in a timely manner and
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fundamentedly or that they have not been satisfactorily resolved.
2-Compete to ICP-ANACOM to analyse and respond to complaints made in the terms
of the previous number.
Article 43.
Right to hearing
The definition, by ICP-ANACOM, of the parameters of quality of service and objectives
of performance, as well as of the rules for the formation of the prices of postal services which
make up the universal service, in accordance with that provided for in Articles 13 and 14, is preceded by
of hearing from the representative organisations of consumers.
CHAPTER VII
Fees, supervision, surveillance
SECTION I
Fees
Article 44.
Fees
1-Are subject to the payment of fee:
a) The issuance, alteration and renewal of the licence;
b) The issuance of the declaration proving the enrolment of the provider in the register of the
postal service providers;
c) The averaging to the statement;
d) The replacement of the license or statement, in case of excervid.
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2-All postal service providers are subject to the payment of annual fees
by the exercise of the activity.
3-The amounts of the fees referred to in the preceding paragraphs are set by portaria of the
member of the Government responsible for the area of communications, depending on the costs
associated with the administrative, technical and operational tasks related to the
activities for corresponding regulation, supervision and surveillance, constituting revenue
of the ICP-ANACOM.
4-For the purposes of the preceding paragraph, the annual fees provided for in paragraph 2 shall be borne by the
postal service providers having on the basis of costs arising from regulation,
supervision and surveillance of their activities.
SECTION II
Supervision and surveillance
Article 45.
Provision of information
1-Postal service providers must provide to ICP-ANACOM, upon request
of this, all information related to their activity, including:
a) Financial information and relating to the provision of postal services;
b) Contracts or agreements concluded with third parties to develop operations
that integrate the postal services they provide.
2-For the purposes of the previous number, providers must identify, in a way
substantiated, the information they consider confidential and must join, in case if
justifying, a non-confidential copy of the documents containing such
information.
3-A information may be requested by ICP-ANACOM especially for the following
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purposes:
a) Verification of compliance with legal and regulatory provisions, as well as
decisions made to their shelter;
b) Clearly defined statistical purposes;
c) Compliance with the obligation provided for in paragraph 6.
4-ICP-ANACOM information requests must be commensurate with respect to the
purposes to which they are intended and shall be duly substantiated.
5-The information requested must be provided within the time limits, in the form and with the
degree of detail required by ICP-ANACOM, the situations may be established
and the periodicity of its submission, and may not the ICP-ANACOM establish for such
effect a period of less than 10 days, save in the event of a reasoned urgency.
6-The ICP-ANACOM shall provide to the European Commission, at the request of this, the information
appropriate and relevant to the execution of the functions assigned to it by the
Directive No 97 /67/CE of the European Parliament and of the Council of December 15 of
1997, as amended by Directive No 2002 /39/CE of the European Parliament and of the Council,
of June 10, 2002, and by Directive No 2008 /6/CE of the European Parliament and of the
Council, of February 20, 2008, including information obtained pursuant to the
previous numbers.
7-When information transmitted under the preceding paragraph is considered
confidential by ICP-ANACOM, should the ICP-ANACOM give knowledge of such
rating to the European Commission.
Article 46.
Surveillance
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1-Without prejudice to the competences assigned to other entities, the surveillance of the
compliance with the provisions of this Law is the competence of the ICP-ANACOM, through
of your supervisory agents or of the duly accredited supervisors of your
Board of Directors.
2-In the exercise of its duties, the ICP-ANACOM is coadjured by the authorities
police officers and other authorities or public services whose collaboration requests.
Article 47.
Mechanism of compensation
In the event of non-compliance with the performance targets associated with the provision of the
universal service laid down in accordance with Article 13 (1), the ICP-ANACOM may, of
agreement with the principles of proportionality, suitability, non-discrimination and the
transparency, apply compensation mechanisms aimed at users of the service
universal.
Article 48.
Default
1-Without prejudice to other applicable sanctionatory mechanisms, whenever the ICP-
ANACOM finds that a postal service provider does not comply with any of the
obligations to which you are subject, you must notify the company of that fact and give it to
possibility to speak out within a period of not less than 10 days.
2-After proceeding to the hearing in the terms of the preceding paragraph, the ICP-ANACOM
can:
a) Order to the provider the adoption of behaviours or measures aimed at
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to correct the default;
b) Apply compulsory financial penalties, in the terms provided for in Article 52.
3-The orders issued under the terms of the a) of the preceding paragraph shall be complied with in the
period of 30 days, and the ICP-ANACOM, in duly justified cases, shall fix
a lower deadline.
4-In the event of a serious or repeated failure to comply with the obligations, when the measures
imposed under the terms of paragraphs 2 and 3 have not led to the intended fulfilment,
the ICP-ANACOM may determine the suspension, up to a maximum of six months, of the
activity of the provider or to proceed to the revocation, in whole or in part, of the assigned licences.
5-Where, during the period of suspension of the activity determined in the terms of the
previous number, the provider complies with the necessary measures for the regularization of the situation,
compete for ICP-ANACOM to lift the suspension within the maximum of 10 days.
Article 49.
Counter-ordinations and fines
1-Constitutions counter-ordinations:
a) The violation of the provisions of Article 11 (1) of the Article;
b) The violation of the provisions of Article 11 (2) of the Article;
c) The violation of the provisions of Article 12 (3) of the Article;
d) The violation of the provisions of Article 12 (4) of the Article;
e) The failure to meet the parameters of quality of service and the objectives of
performance set out in accordance with Article 13 (1);
f) The violation of the provisions of Article 13 (3) and (4);
g) The violation of the principles and criteria set out for fixing prices
of the postal services that make up the provision of the universal service, pursuant to the
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n. ºs 1, 2, 3 and 5 of Article 14;
h) The violation of the notification obligation set out in Article 14 (4);
i) The failure to comply with the obligations imposed by the ICP-ANACOM under the
n Article 14 (8);
j) Failure to comply with the obligations set out in Article 15 (1 a) (3);
l) The failure to comply with the cost allocation principles provided for in paragraphs 1 a to 3
of Article 16;
m) The provision of postal services without obtaining leave, in default of the
provisions of the paragraph a) of Article 24 (1);
n) The transmission of licences in violation of the provisions of Article 32;
o) The failure to comply with the obligation laid down in Article 34 (1);
p) The violation of the obligation laid down in paragraph a) of Article 37 (1)
q) The violation of the obligations laid down in points b) , c) , d) , e) , f) , g) , h) , i) , j) , and n) from the
n Article 37 (1);
r) The violation of the obligation laid down in paragraph m) of Article 37 (1);
s) Failure to comply with the obligations set out in points a) , b) and c) of paragraph 2 of the
article 37;
t) The failure to comply with the provisions of Article 38 (1);
u) The lack of communication and submission to the ICP-ANACOM of the access agreements to
postal networks, in the terms provided for in Article 38 (2);
v) The failure to comply with the determinations of the ICP-ANACOM adopted under
of paragraph 3, 4, 6 and 8 of Article 38;
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x) The failure to comply with the determinations of the ICP-ANACOM adopted under
of the provisions of Article 39 (2) and (3);
z) The violation of the right to use the postal services, in the terms provided for in the
article 40;
aa) The non-existence of a system for handling users ' complaints, in the
terms of paragraphs 1 and 2 of Article 41.
bb) The lack of provision of information in accordance with Article 41 (3);
cc) Failure to comply with the provisions of Article 41 (4) and (5);
dd) The failure to comply with the provisions of Article 41 (6);
ee) The violation of the provisions of Article 45 (1) and (5);
ff) The failure to comply with the decision of the ICP-ANACOM taken in the process of
resolution of disputes, at the fixed term of implementation, in violation of paragraphs 1 and 4 of the
article 54;
gg) The violation by the concessionaire of the provisions of paragraphs 9 and 10 of Article 57.
hh) The failure to comply with the obligation laid down in Article 59 (3);
ii) The failure to comply with legitimate orders or warrants of the ICP-ANACOM
regularly communicated to their recipients.
2-Light counterordinations as provided for in points r) and hh) of the previous number.
3-Are serious counterordinations as provided for in points b), c) , d) , f) , h) , j) , l) , m) , n) , o) , q) , s) ,
t) , u) , z) , aa) , bb) , cc), dd), ee) and gg) of paragraph 1.
4-Very serious counterordinations as provided for in the 4 a) , e) , g) , i) , p), v) , x), ff) and ii)
of paragraph 1.
5-Light counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 100 a to € 2500;
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b) If practiced by microenterprise, from € 150 a to € 5000;
c) If practiced by small business, from € 500 a to € 10000;
d) If practiced by average company, from € 1000 a to € 20000;
e) If practiced by large company, from € 2500 a to € 50000.
6-The serious counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 250 a to € 7500;
b) If practiced by microenterprise, from € 750 a to € 10000;
c) If practiced by small business, from € 1250 a to € 25000;
d) If practiced by average company, from € 2500 a to € 50000;
e) If practiced by large company, from € 5000 a to € 500000.
7-Very serious counterordinations are punishable by the following fines:
a) If practiced by natural person, from € 500 a to € 20000;
b) If practiced by microenterprise, from € 1250 a to € 50000;
c) If practiced by small business, from € 2500 a to € 150000;
d) If practiced by average company, from € 5000 a to € 450000;
e) If practiced by large company, from € 10000 a to € 1000000.
8-Whenever the counterordinance results from the omission of the performance of a duty
legal or an order emanating from the ICP-ANACOM, the application of the sanctions or the
your compliance do not exempt the offender from the performance of duty or order, if
this is still possible.
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9-In the cases referred to in the preceding paragraph, the offender may be subject by the ICP-
ANACOM at the injunction of fulfilling the duty or order in question, the default of which
within the prescribed period may determine the application of a compulsory pecuniary penalty, in the
terms of Article 52.
10-In the counter-ordinances provided for in this Law, they are punishable to attempt and to
neglect.
Article 50.
Ancillary sanctions
In addition to the fines set out in the previous article, they may still be applied, where the
gravity of the offence and the fault of the agent justifies it, the following ancillary sanctions:
a) Suspension, up to a maximum of two years, of the exercise of the activity;
b) Interdiction of the exercise of the respective activity up to a maximum of two years.
Article 51.
Processing and application
1-A the prosecution of the counterordinance processes is the competence of the board of
administration of ICP-ANACOM, by the end of the instruction of the respective
services.
2-A the application of the fines and ancillary penalties provided for in this Law, as well as the
archiving decision of the counterordinance processes is the competence of the
board of directors of ICP-ANACOM.
3-The powers provided for in the preceding paragraphs may be delegated, with
possibility of subdelegation.
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4-The amount of the fines reverses in:
a) 50% for the State;
b) 30% for the ICP-ANACOM; and
c) 20% for the compensation fund, referred to in Article 20 and below, when
this is constituted.
5-While the compensation fund is not constituted, the amount referred to in the
previous number will be divided into equal parts by the State and the ICP-ANACOM.
6-Except for the provisions of the preceding paragraphs the counterordinance provided for in the paragraph
p) of paragraph 1 of the preceding Article, when it results from the failure to comply with the expected obligation
in the paragraph d) of Article 7 (1), by which the National Data Protection Commission is
the initiation and instruction of the counterordinance process, as well as the application of the
respective fines, the amount of which reverts to the State, to this entity and to the
compensation fund referred to in Article 20 and following, in the proportions provided for in the
n. ºs 4 and 5.
Article 52.
Compulsory financial penalties
1-Without prejudice to other applicable penalties, in the event of non-compliance with decisions of the
ICP-ANACOM that impose administrative or ordinance sanctions, on exercise
of the powers that be legally to assist you, the adoption of behaviours or of
measures determined to postal service providers, may this, when such
justifies, impose a compulsory financial penalty, particularly in cases
referred to in points b), c) , d) , f) , g) , j) , l) , n) , p) , q) r) , s) , t) , u) , v) , x) , aa) , bb) , cc), dd), ee),
ff), gg) and ii) of Article 49 (1).
2-A compulsory financial penalty consists of the imposition, the service provider
postcards, payment of a pecuniary amount for each day of delay which, to
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in addition to the deadline for the fulfilment of the obligation, please check.
3-A penalty to which the previous figures are referred is set by second criteria of
reasonableness and proportionality, meeting the trade volume of the offender
performed in the previous calendar year and the negative impact caused on the market and the
users by default, and may their daily amount oscillate between € 500 and
€ 100000.
4-The amounts set out in the terms of the preceding paragraph may be variable for each
day of default in the growing sense, and may not surpass the amount
maximum of € 2000000 and a maximum period of 30 days.
5-The amount of the sanction applied reverses to the State, to the ICP-ANACOM and to
the compensation fund provided for in this li, pursuant to paragraphs 4 and 5 of the article
previous.
6-Of the acts of ICP-ANACOM practiced under this article shall be appeasable
for the court of competition, regulation and supervision, when practiced in scope
of a counterordinance process, and for the administrative courts, in the
remaining cases.
SECTION III
Provision of information by ICP-ANACOM
Article 53.
Publication of information
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1-Compete to ICP-ANACOM make available and keep up-to-date information that
contribute to an open and competitive market, specifically those relating to
following subjects:
a) Implementation of the present regulatory framework;
b) Rights, obligations, procedures, fees and decisions regarding the schemes of
individual license and general authorization;
c) Registration of postal service providers;
d) Quality levels of service offered by universal service providers and,
in the terms set out in paragraph c) of Article 37 (2) by the remaining providers
that offer postal services covered by the scope of the universal service;
e) Mechanisms for the submission of complaints and complaints;
f) Complaints received and treated by universal service providers and, in cases
provided for in Article 41 (6) of the remaining postal service providers;
g) Information on the net cost of universal service and contributions
made to the compensation fund, should this have been instituted and be
effectively in operation; and
h) Statistical data on traffic, human resources or others on the market.
2-The ICP-ANACOM periodically publishes a report with information on the
complaints filed by consumers regarding services and too much
installments ensured by postal service providers, covering all manner of
complaints, regardless of the mode and form of presentation.
3-The report provided in the preceding paragraph shall, at a minimum, refer to the volume of
complaints lodged, identify the providers and the services concerned and, within
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each service, the subject matter which is the subject of complaint.
4-The information referred to in the preceding paragraphs may be made available,
notably, in digital format in the Internet , at the headquarters of ICP-ANACOM and in all
your delegations, as well as in your official publication, as per the nature of matter the
advise.
Chapter VIII
Administrative resolution of disputes
Article 54.
Administrative resolution of disputes
1-Compete to ICP-ANACOM, at the request of the parties, to resolve, through decision
binding, any disputes arising between the postal service providers
relating to the obligations arising from this Law or the Regulations and
deliberations of the ICP-ANACOM, without prejudice to the possibility of recourse to the courts
or other extrajudicial means.
2-A ICP-ANACOM intervention must be requested by either party on time
maximum of 12 months from the date of commencement of the dispute.
3-A ICP-ANACOM decision, save in exceptional circumstances, must be delivered
no later than 4 months from the date of the submission of the application.
4-A ICP-ANACOM decision must be duly substantiated and set a deadline
for its implementation, being notified to the parties and published, provided that it has safeguarded the
commercial secrecy.
Article 55.
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Refusal of the request for dispute resolution
1-The ICP-ANACOM may only refuse a request for a dispute resolution formulated
in the terms of the previous article in the following cases:
a) When it is not in question the fulfillment of obligations arising from the
present law, of the diplomas approved in their development or of the
regulations and decisions of the ICP-ANACOM;
b) When the deadline provided for in paragraph 2 of the preceding Article has elapsed;
c) When the ICP-ANACOM understands that there are other means, including the
mediation, more suitable for the resolution of the litigation in good time.
2-The ICP-ANACOM must notify the parties, with the greatest possible brevity, of the refusal
of the application and, in the case provided for in the paragraph c) of the previous number, of which the medium plus
suitable for the resolution of the dispute.
3-In the case of refusal provided for in the paragraph c) of paragraph 1, may the ICP-ANACOM, at the request of
any of the parties, commencement the process provided for in the previous article if,
cumulatively:
a) Have the parties initiated the non-judicial dispute resolution mechanism
indicated by ICP-ANACOM pursuant to the preceding paragraph;
b) They have elapsed more than four months and less than six months on the
notification of the refusal of the application;
c) The dispute is not resolved;
d) There has been no action brought in court for resolution of the dispute;
e) Both parties agree on the extinction of the non-judicial mechanism of resolution of
litigation however started.
Article 56.
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Judicial control
1-Of the decisions, dispatches or other measures adopted by the ICP-ANACOM in the framework
of counterordinance processes, arising from the application of the legal regime of the
postal services, it is up to appeal under the law.
2-Of the remaining acts practiced by the ICP-ANACOM falls equally, in the
terms of the applicable legislation.
CHAPTER XIX
Final and transitional provisions
Article 57.
Dealership
1-A CTT-Correios de Portugal, S. A., is, in national territory, the service maker
universal postcard, until December 31, 2020.
2-The conditions of provision of the universal service shall be reassessed every 5 years,
by the Government, listened to the ICP-ANACOM and the representative organizations of the
consumers, in a way to suit them to market developments as well as to the principles
underlying the provision of the universal service.
3-By the end of the period referred to in paragraph 1, CTT-Correios de Portugal, S.A., maintains-
if as an exclusive preser of the reserved activities and services mentioned in the
point ( b) of Article 3 (2).
4-A dealership is obliged to comply with the constant scheme of the
present law, with the specificities set out in the following numbers.
5-Unless otherwise incompatible with the regime approved by this Law, they shall remain in
vigour all the obligations set out in the bases of the granting of the postal service
universal, approved by the Decree-Law No. 448/99 of November 4, repealed
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partially by the Decree-Law No. 150/2011 of May 5 and amended by the
Decree-Law No. 112/2006, of June 9 and by the Decree-Law No. 116/2003, 12 of
June.
6-The Government shall make the amendment of the Grant Bases referred to in the number
previous in accordance with the constant regime of this Law.
7-The quality arrangement and the price arrangement concluded between the ICP-ANACOM and
the CTT-Correios de Portugal, S.A., on July 10, 2008, remain,
transiently, in force, within the framework of what the universal service says, such
as defined in this Law, respectively, until the approval of deliberation
provided for in Article 13 (1) and up to the setting of the criteria to which it is to obey
formation of prices in accordance with Article 14 (3) of this Law.
8-A CTT dealership-Correios de Portugal, S.A., has the faculty to provide the
postal services not covered in the object of the concession with dispensation of the
procedures laid down in Articles 27 and 34.
9-A CTT dealership-Correios de Portugal, S.A., must, within 60 days of counting
of the entry into force of this Law, inform the ICP-ANACOM of postal services
which provides in the terms of the previous number.
10-Whenever the CTT dealership-Correios de Portugal, S.A., initiate the provision of
postal services not covered in the subject matter of the concession, shall inform the
ICP-ANACOM in advance of the respective start.
Article 58.
Transitional arrangements
1-The provisions of the Regulation of the Public Service of Post Officers, approved by the
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Decree-Law No 176/88 of May 18, as well as regulatory measures
adopted to their shelter that are not inconsistent with the provisions of this Law
hold up until the entry into force of the development diploma provided for in paragraph 3
of Article 1.
2-Any net costs of the universal service eventually verified only if
consider it to be won with the constitution of the fund provided for in Article 20.
Article 59.
Regularization of securities
1-Compete to ICP-ANACOM to make the necessary changes and adaptations to the licences
and authorizations issued under the Decree-Law No. 150/2001 of May 7, amended
by Decree-Law No. 116/2003 of June 12, with dispensation of payment of the
corresponding rate.
2-The licences and permits issued under the Decree-Law No. 150/2001, 7 of
May, amended by Decree-Law No. 116/2003 of June 12, remain in force until
to the regularization referred to in the preceding paragraph.
3-For the purposes of the provisions of the preceding paragraphs, postal service providers in
activity on the date of entry into force of this Law shall, within 60 days of
count from that date, inform the ICP-ANACOM of the postal services they provide.
Article 60.
Counting of deadlines
The counting of time limits provided for in this Law shall apply to the rules set out in the article
72. of the Code of Administrative Procedure.
Article 61.
Abrogation standard
1-Are revoked:
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a) The Act No. 102/99 of July 26;
b) The Decree-Law No 150/2001 of May 7;
c) The Decree-Law No 116/2003 of June 12, with the exception of Articles 3 and 5;
d) The point b) of Article 1 (1) and Article 1 (4) of the Law No 88-A/97 of July 25.
2-All references to the repealed legislation in the terms of the preceding paragraph shall be
construed as being made to the standards set out in this Law.
Article 62.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council Ministers of December 7, 2011
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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