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 In The National Territory And Transposes To The Internal Legal Orde...

Original Language Title: Estabelece o regime jurídico aplicável à prestação de serviços postais, em plena concorrência, no território nacional, bem como de serviços internacionais com origem ou destino no território nacional e transpõe para a ordem jurídica interna a Diretiva n.º

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PRESIDENCY of the COUNCIL of MINISTERS 1 PROPOSAL of law No. 35/XII explanatory statement the postal sector is regulated at the level of the European Union by Directive No. 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service , who came to establish a new regulatory framework for the postal sector (Postal Directive). This directive is aimed, on the one hand, ensure the existence of a universal postal service whose area was enclosed and, on the other, to carry out a gradual and controlled liberalisation of the market, having been set a timetable for the decision-making process with regard to the further opening of the postal market to competition. As originally planned, the Postal Directive was amended by Directive No. 2002/39/EC of the European Parliament and of the Council of 10 June 2002, which continued the opening to competition of Community postal services and on which they were referred, of course, subsequent revisions of the services reserved to the universal service provider. With the aim of full liberalisation of the market and the consequent abolition of the reserved area, was published the Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending the Postal Directive, with regard to the full accomplishment of the internal market in Community postal services (Directive 2008/6/EC).

PRESIDENCY of the COUNCIL of MINISTERS 2 In Portugal, the Postal Directive has been transposed into domestic law by law No 102/99 of 26 July, subsequently amended by Decree-Law No. 116/2003, of 12 June, having been there laid down the foundations for obeys the establishment, management and operation of postal services in the national territory, as well as international services with origin or destination in the national territory. The Act enshrines the fundamental lines of community and national policy for the postal sector and, together with the gradual establishment of a single market and open postal services, maintains the guarantees necessary for the pursuit of the public interest, translated in the provision of a universal service. Indeed, pursuant to law No. 23/96, of July 26, as amended by law No. 12/2008, of 26 February, by law No. 24/2008 of 2 June and by law No. 44/2011, of 22 June, which creates the legal system some mechanisms to protect the wearer from essential public services, postal services make up the cast of essential public services. The universal postal service, which consists of a standing offer of postal services with specified quality, provided throughout the national territory at affordable prices for all users, has integrated so far a reserved area. This is a part of the universal service which can only be ensured by the universal service provider-CTT-Correios de Portugal, S.A.-company to which such provision was a concession made by the foundations of the Universal Postal Service Concession, approved in annex to Decree-Law No. 448/99, of 4 November, and subsequently amended by Decree-Law No. 116/2003, of 12 June , and by Decree-Law No. 112/2006, of June 9.



PRESIDENCY of the COUNCIL of MINISTERS 3 So far, is sealed to the market the provision of postal services integrated in this reserved area, consisting, inter alia, by the items of correspondence the price was equal to or less than two and a half times the public tariff for an item of correspondence in the first weight step of the fastest standard category and with weight less than or equal to 50 grams. However, the transposition of Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, carried out by this Law, entails the Elimination of postal reserved area and the full liberalisation of the postal sector, having chosen to redesign the respective legal framework, with the consequent repeal of the current legal framework, currently dispersed by several degrees. In this context, the present Law adjusts and modifies the materials previously provided for in law No. 102/99 of 26 July, amended by Decree-Law No. 116/2003, of 12 June, and the regulation of access to and pursuit of the activities of postal services provider operating in competition, previously provided for in the regime Decree-Law No. 150/2001 of 7 may , as amended by Decree-Law No. 116/2003, of 12 June. Among the provisions are repealed provisions of law No. 88/97, of 25 July, which regulates the access of private economic initiative to certain economic activities, sealing the private companies and other entities of the same kind access to economic activity of postal communications that constitute the public service Office, except when operated by. This Act provides the definition, by Ordinance, the public service Office. However, in order to allow for the adoption of sectoral legislation transposing the Directive 2008/6/EC, establishing the full liberalisation of the postal market, it is necessary to repeal certain provisions of law No. 88/97, of 25 July.

Indeed, the prohibition of private economic initiative access to the activity of the COUNCIL of MINISTERS PRESIDENCY 4 postal communications that constitute the public service Office, except when operated by, is incompatible with the current European framework applicable to the postal sector, by preventing 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 in the national territory, transposing to the internal legal order the Directive 2008/6/EC. This law marks the beginning of the full liberalisation of the postal sector and aims to provide the country a full and coherent model that, along with the guarantee of the exercise of free competition in the postal sector, effectively beware the rights of users of postal services, regardless of the nature of the service provider to use. Also cautions the continuity of an efficient universal service, quality and total territorial coverage, in line with the necessary protection of the interests of users. The net cost of universal service provision should be compensated when represent an unreasonable financial burden for the respective service providers. To this end, recourse to a compensation fund, supported by providers of postal services. The criteria for reimbursement to the Fund, as well as the form of operation of the same, shall be laid down in Ordinance of government officials responsible for the finance sector and the communications sector. It was also taken into account the new legal framework for the provision of services established by Decree-Law No. 92/2010 of 26 July, which transposed the directive 2006/123/EC of the European Parliament and of the Council of 12 December 1970 on services in the internal market, without, however, forgetting either the general economic interest of the universal postal service either the specific regulatory framework of the Postal Directive that supersedes the discipline of Directive No. 2006/123/EC on services in General.

PRESIDENCY of the COUNCIL of MINISTERS 5 was held a public consultation and have been heard the National Consumer Council, the National Commission for data protection and the competition authority. Like this. Pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill, with request for priority and urgency: CHAPTER I General provisions Article 1 subject-matter 1-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 the Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67 No./CE, of the European Parliament and of the Council of 15 December 1997, concerning the full accomplishment of the internal market in Community postal services. 2-this law conforms to the access regime and exercise the provision of postal services with Decree-Law No. 92/2010 of 26 June, which transposed the directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market. 3-the system of exploitation and utilization of postal services on the national territory, as well as international postal services with origin or destination in the country, consists of diploma of development of this law.

Article 2 Objectives PRESIDENCY of the COUNCIL of MINISTERS 6

1. this law aims to: a) Set the conditions for the provision of postal services in full competition; b) ensure efficient and sustainable provision of a universal postal service; and (c)) establish the rights and interests of users, in particular consumers. 2-in the pursuit of the objectives set out in this Act, the following principles must be observed: a) ensure the existence, availability, accessibility and quality of the provision of universal service; b) ensure the sustainability and financial viability of the provision of universal service; c) ensure the implementation and compliance with the essential requirements referred to in article 7; d) Ensure the protection of users in your relationship with the providers of postal services, in particular in the treatment and resolution of complaints; e) Ensure equal access to the market. Article 3 freedom to provide postal services 1-pursuant to this law, is guaranteed the freedom to provide postal services. 2-the provisions of the preceding paragraph shall not affect: a) the specific arrangements involving the provision of universal service; and (b)) the activities and services that, for reasons of public order and security or to the public interest, may be reserved to certain postal services providers, such as the placement of mark and mailboxes on the public highway PRESIDENCY of the COUNCIL of MINISTERS 7 intended for the reception of postal items, the issuance and sale of postage stamps marked Portugal and the registered mail service used in judicial or administrative procedures. 3-the assignment to a postal service provider, the services and the activities referred to in point (b)) of the preceding paragraph shall be made in accordance with procedures and selection criteria, within the meaning of the public procurement code. 4-for the purposes of this law, postal service provider "means any natural or legal person providing postal services, in accordance with the intended user being here means a natural or legal person benefiting from postal service provision as a sender or an addressee. Article 4 provision of postal services activity 1-Integrate the postal service activity: operations) Acceptance, understanding as such the set of operations relating to the admission of postal items postal network, in particular its collection by the providers of postal services; b) treatment, which involves screening of postal items for transport to the Centre of the distribution area for which they are intended; c) transport, consisting of the movement of postal items, by appropriate technical means, from the postal network access point to the distribution centre of the area for which they are intended; and d) distribution, which consists of the set of operations performed since the Division of the postal items, at the distribution centre of the area for which they are intended, to delivery to your recipients, natural or legal persons to whom it is directed the COUNCIL of MINISTERS PRESIDENCY 8 1 post. 2-to ensure the operations of acceptance, processing, transport and distribution of postal items, the postal service provider uses a set of human and material resources that constitute the postal network. 3-international postal services include the postal items received in Portugal with origins in another country or origin in Portugal and destination in another country. 4-for the purposes, in particular to the provisions of subparagraph (c)) of paragraph 1, access points, the physical locations, including milestones and mailboxes available to the public either on the public highway, whether elsewhere, namely in the public or private postal service providers ' premises, where the senders, natural or legal persons who are at the origin of the postal item , can deposit the mail in postal network. Article 5 types of postal items 1-Is a postal item the subject addressed in the final form, complying with the physical and technical specifications that enable your treatment in a postal network, as well as their delivery to the address indicated in the subject itself or on its wrapping, namely: a) item of correspondence, which consists of written communication in a physical media of any kind including direct mail; b) books, catalogues, newspapers and other periodicals;

c) parcel post, which is a volume containing goods or objects with or without commercial value.

PRESIDENCY of the COUNCIL of MINISTERS 9 2-for the purposes of point (a)) of the preceding paragraph, direct mail sending of correspondence with identical message which refers to a significant number of recipients exclusively with advertising or marketing. 3-the post called for sending registered when it has fixed rate guarantee against risks of loss, theft, robbery or damage, providing the sender on request, proof of the deposit or of its delivery to the addressee. 4-the post can still be classified as shipment with declared value, in the case of a postal item with warranty of the monetary value of the content up to the amount declared by the sender in the event of loss, theft, robbery or damage. Article 6 Coordination in emergency situations it is incumbent upon the State to ensure, in accordance with the law, the proper coordination of postal services in emergency, crisis or war. Article 7 essential requirements in the provision of postal services 1-in the provision of postal services must be safeguarded the following essential requirements: a) the inviolability and secrecy of postal items, with the limits and exceptions provided for in the criminal law and other applicable law;

(b)) the security of postal network, in particular on the transport of dangerous substances; c) confidentiality of information transmitted or stored;

PRESIDENCY of the COUNCIL of MINISTERS 10 d) the protection of personal data and privacy; and) the protection of the land use planning and the environment; f) compliance with the terms and by the working conditions and social security schemes laid down by law, regulations, administrative provisions and by collective labour regulation instruments. 2-the inviolability and secrecy of postal items and data protection that alludes to in the preceding paragraph shall include, in particular: a) the prohibition of any postal items, even if you don't shut down in closed enclosures, as well as the mere opening of postal items; b) the prohibition of the disclosure of third party content of any message or information that you have been informed, or unduly, as well as the disclosure of identities and relations between senders and recipients, and the addresses of both. CHAPTER II National regulatory authority article 8 national regulatory authority 1-ICP-National Communications Authority (ICP-ANACOM), shall be the competent authority in accordance with this law and its statutes, approved by Decree-Law No. 309/2001 of 7 December, to carry out the functions of regulation, supervision and monitoring in the postal sector. 2-it is the ICP-ANACOM, namely: a) the drafting and adoption of regulations necessary for the implementation of the arrangements established by this law;

PRESIDENCY of the COUNCIL of MINISTERS 11 b) representation in international organisations, within the framework of postal services, in accordance with its statute; c) the issuance of individual licenses for the provision of postal services; d) the issue of declarations regarding the registration in the register of providers of postal services; and the surveillance) universal service provision; f) surveillance of compliance with the legal and regulatory provisions relating to the provision of postal services, as well as application of the respective sanctions. 3-is guaranteed by this law and the Statute of the ICP-ANACOM: a) the organic entity, financial independence and functionally separate from Government, endowed with the means necessary for the performance of its duties; b) independence as organic entity, financially and functionally separated from the postal service providers; c) the effective separation of regulatory functions and powers relating to the property or to the management of the companies in the sector on which the State holds the property or the control. 4-ICP-ANACOM and the authorities and services responsible, in particular for the application of the system of competition and consumer protection legislation should cooperate with each other on matters of common interest.

5-ICP-ANACOM should cooperate with the European Commission and other national regulatory authorities on matters concerning the application of this law. Article 9 of the COUNCIL of MINISTERS PRESIDENCY 12

Public consultations 1-where, in the exercise of the powers provided for in this law, the ICP-ANACOM intends to adopt any measure that has significant impact on the market, must publish its draft decision and grant any entity the possibility to comment on the same within a period of not less than 20 days. 2-When there are urgent reasons duly substantiated, the ICP-ANACOM may decide not to carry out public consultation provided for in the preceding paragraph or do it in a shorter period. Universal postal Service, CHAPTER III section I scope of universal service article 10 1-universal Service is ensured the existence and the provision of universal service, which consists in the provision of postal services as defined in this law, with specified quality which is available on an ongoing basis throughout the national territory at affordable prices for all users, aimed at the communication needs of the population and economic and social activities. 2-for the purposes of the preceding paragraph, it is incumbent upon the State to ensure that the density of access points correspond to users ' needs.

3-the public or private postal service provider, in accordance with this law, universal service or elements of this in part or in the whole national territory, called universal service provider.

PRESIDENCY of the COUNCIL of MINISTERS article 11 13 universal service Features 1-the universal service provision should 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 quality standards, in particular with regard to delivery times, density of access points, 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, except in cases of force majeure; e) developments in provision of the service on the basis of technical, economic and social environment and user needs; f) the fulfilment of obligations inherent in the provision of universal service resulting from international Portuguese State binding. 2-The universal service providers should advertise properly and provide regularly, users and postal service providers, up-to-date and accurate information about the features of the universal service offered, in particular, about the General conditions of access and use of the service, prices and quality levels.

Article 12 scope of universal service 1-the universal service comprises a postal service, nationally and internationally, to items of correspondence, excluding direct mail, and sending of PRESIDENCY of the COUNCIL of MINISTERS 14 catalogues, books, newspapers and other periodical publications up to 2 kg in weight and postal packages up to 10 kg in weight, as well as a shipping service registered and shipments with declared value. 2-are not covered by the universal service express mail services, understanding as such value-added services, characterized by the acceptance, processing, transport and distribution, with increased speed of postal items, differing from the respective postal services based on a set of additional features, such as: a) predefined delivery times; b) registration of shipments; c) warranty of liability by insurance provider by which the sender knows the formula for compensation of the damage caused; d) control the course of submissions by the provider's operating circuit, allowing the identification of shipments and customer information. 3-The universal service providers shall ensure the collection and distribution of postal items covered within the scope of universal service at least once a day, every working day, except in exceptional circumstances or geographical conditions previously defined by ICP-ANACOM.

4-the distribution referred to in the preceding paragraph is made in the recipient's domicile or, in the cases and conditions previously defined by ICP-ANACOM in appropriate facilities. SECTION II PRESIDENCY of the COUNCIL of MINISTERS 15 universal service obligations Article 13 1 universal service quality-The quality of service parameters and performance targets associated with the provision of the universal service, in particular, those relating to time limits for forwarding, the regularity and reliability of services, as well as the rules on measuring, monitoring and dissemination are laid down annually by ICP-ANACOM , ears universal service providers and organisations representing consumers, in accordance with article 43. 2-quality of service parameters and performance objectives referred to in the preceding paragraph shall be consistent with the quality standards laid down for intra-community services and international services. 3-The universal service providers should have a system of measuring the levels of quality of service actually offered, which must comply with the standards applicable to the measurement of the quality of the universal service, in particular intra-community services, and measurement of the levels of quality of service at least once a year, through the use of independent external entity. 4-The results of the monitoring referred to in the preceding paragraph shall be subject to published report, at least once a year, by universal service providers.

5-ICP-ANACOM will ensure audits or other mechanisms for monitoring the levels of quality of service provided by universal service providers, independently, through external bodies, to ensure the PRESIDENCY of the COUNCIL of MINISTERS 16 accuracy and comparability of the data made available by universal service providers. 6-The results of the audits or other control mechanisms referred to in the preceding paragraphs shall be the subject of a report, which must be published at least once a year on the Internet Web site of the ICP-ANACOM. Article 14 1 pricing-pricing postal services which are part of the universal service provision meets the following principles: a) accessibility to all users; b) cost orientation and the prices encourage a efficient universal service provision; c) Transparency and non-discrimination. 2-special prices and associated conditions of postal services that integrate the provision of universal service, applied by providers of universal service, in particular for business services, the shippers of shipments in quantity or middlemen responsible for grouping of multiple users, submissions should: a) take account of the avoided costs as compared to the standard service offers four integrated operations in the postal service; b) Be applied equally, irrespective of the type of beneficiary; c) Be applied to users who post under similar conditions, in particular individual users and small and medium-sized enterprises. 3-ICP-ANACOM lays down for each year, the criteria must obey the pricing of postal services that make up the universal service.

PRESIDENCY of the COUNCIL of MINISTERS 17 4-universal service providers shall report annually to the ICP-ANACOM in prices the practice in relation to postal services that integrate the provision of universal service, including any amendment to them, at least 30 days before the date of its entry into force. 5-by the end of the period referred to in the preceding paragraph, if the ICP-ANACOM consider that prices shown do not comply with the principles and criteria laid down in this article, shall notify the universal service providers, on the basis of a reasoned decision, to proceed to the revision of same within 15 days. 6-Happening place, in accordance with the provisions of the preceding paragraph, the review of prices by the universal service providers, the ICP-ANACOM evaluates the new prices listed in this new notification within 15 days of the date of its receipt. 7-If the ICP-ANACOM wouldn't comment until the end of the period referred to in paragraph 5 or paragraph 1, universal service providers may practice the prices that have been notified. 8-postal services that integrate the provision of universal service, the ICP-ANACOM may: a) Determine, for reasons of public interest, duly substantiated, that the postal service price of items of correspondence weighing less than 50 g obey the principle of tariff uniformity, with the implementation of a single price throughout the territory, without prejudice to the right of the universal service providers to enter into individual agreements with users in the field of special prices; b) Impose price control mechanisms, including price ceilings, to the extent necessary to promote competition or to defend the rights and interests of the users; c) Determine that some postal services for use by the blind and PRESIDENCY of the COUNCIL of MINISTERS 18

the visually impaired are provided free of charge; d) Determine the change in the prices of postal services that integrate the provision of the universal service, as well as modification or elimination of associated conditions, prices duly motivated in terms of compliance with the principles laid down in paragraph 1, and taking into account the quality of the service, to the extent necessary to promote competition or to defend the rights and interests of users. Cost accounting System SECTION III article 15 General requirements concerning the cost accounting system 1-The universal service providers shall have an analytical accounting system which permits the separation of accounts between each of the services and products that are part of the universal service and those who do not belong to, in order to allow, in particular, the calculation of the net cost of the universal service. 2-the cost accounting system shall, in addition, allow the separation of the costs associated with the various members of the postal service operations, as defined in article 4. 3-the application of the accounting system shall be based on the accounting principles consistently applied and objectively justifiable cost.

Article 16 cost Sharing 1-without prejudice to the provisions of the following paragraph, the cost accounting system referred to in the preceding article shall allow costs to be allocated to a PRESIDENCY of the COUNCIL of MINISTERS 19 given service or product that you are directly attributable. 2-the analytical accounting system referred to in the preceding article shall allow the common costs which cannot be directly assigned to a service or product, shall be allocated as follows: a) whenever possible, common costs shall be allocated on the basis of direct analysis of the origin of the costs themselves; b) When direct analysis is not possible, common cost categories shall be allocated on the basis of an indirect linkage to another category or group of cost categories for which it is possible to make a direct assignment or allocation; c) indirect link referred to in the previous article shall be based on comparable cost structures; d) where it is not possible to establish direct or indirect measures of cost allocation, the category of costs should be allocated on the basis of a distribution key General, calculated on the basis of the ratio of all expenses directly or indirectly assigned or allocated, on the one hand, to each of the services that make up the universal service and, on the other hand, to the other services; and) the common costs necessary to provide the services that make up the universal service and other services must be properly attributed and should apply the same cost factors to both services.

3-The universal service providers may apply other cost accounting systems provided that they are compatible with the provisions of paragraphs 1 to 3 of the previous article and have been previously approved by ICP-ANACOM, passing such systems to be used for the purposes set out in this Act.

PRESIDENCY of the COUNCIL of MINISTERS 20 4-competes to the ICP-ANACOM:) approving the cost accounting systems within 200 days from the date of its submission on the part of the universal service providers; b) to ensure that the correct application of cost accounting systems, in accordance with this section, be inspected by a competent body, independent of the universal service providers; c) Publish an annual statement of compliance of the cost accounting systems of providers of postal services and of the results obtained. SECTION IV provision of universal service mechanisms article 17 provision of universal service 1-after the deadline indicated in paragraph 1 of article 57, the provision of the universal service can be secured through the following mechanisms: the efficient functioning of the market) under the regime of single license; b) designating one or more postal service providers to provide different elements of universal service or to cover different parts of the national territory. 2-the mechanisms adopted should be the most suitable and efficient to ensure the availability of the universal service throughout the national territory. 3-the mechanisms adopted must also respect the principles of transparency, non-discrimination and proportionality, ensuring the continuity of the provision of universal service as a factor of social and territorial cohesion.

PRESIDENCY of the COUNCIL of MINISTERS 21 4-in the case referred to in point (b)) of paragraph 1, the designation of the universal service providers should have a duration sufficient to ensure the profitability of investments required, being periodically reviewed and analyzed in the light of the conditions and principles referred to in paragraphs 2 and 3. 5-in case more than one designated universal service provider, Member States shall ensure that there is no overlap of universal service obligations. 6-the name that alludes to) (b) of paragraph 1 is the form of the concession agreement, the procedures laid down in the public procurement code. Section V financing of the universal service article 18 Compensation of the net cost of universal service 1-universal service providers are entitled to compensation of the net cost of universal service when this constitutes an unreasonable financial burden for them. 2-for the purposes of the preceding paragraph, the ICP-ANACOM must define the concept of unreasonable financial burden, as well as the terms governing their determination, in particular the criteria used, within 180 days after the entry into force of this law. 3-The universal service providers, when you consider that the provision of universal service has generated, in a given year, a net cost which represented an unreasonable financial burden, shall, within six months after the end of the calendar year concerned, submit to ICP-ANACOM a compensation request, accompanied by a calculation carried out in accordance with article 19 and of any information which they consider relevant.

PRESIDENCY of the COUNCIL of MINISTERS 22 4-universal service providers must make available the accounts and the relevant information for the calculation referred to in this article, which are subject to audit by ICP-ANACOM or another independent body and subsequently approved by ICP-ANACOM. 5-ICP-ANACOM must decide, within 120 days of the date on which the application is submitted to the compensation referred to in paragraph 3, on the existence of an net cost of the universal service and on whether such cost constitutes an unreasonable financial burden. 6-ICP-ANACOM's decision referred to in the previous paragraph must be communicated to the Member of Government responsible for the communications area and to the universal service providers. Article 19 calculation of net cost 1-the net cost of the universal service consists in the difference between the net cost incurred the universal service providers, operating with the universal service obligations, and the net cost of the same service providers, operating without such obligations. 2-it is the ICP-ANACOM to define the methodology for calculating the net cost of the universal service, in accordance with the principles and rules established in this section within 180, from the entry into force of this law.

3-in the calculation of the net cost must be taken into account the following elements: a) the benefits, material and non-material, which accrue to their universal service provider; (b)) the right of the universal service provider to obtain a reasonable profit, represented by the relative cost of capital investments needed for the PRESIDENCY of the COUNCIL of MINISTERS 23 provision of universal service, which should reflect the risk incurred; c) incentives to their universal service provider to comply with universal service obligations in an economically efficient. 4-the net cost calculation is based on the costs attributable to: the elements of universal service) necessarily offered with prejudice or in cost conditions that do not fit in the normal commercial practices, which may include, inter alia, the provision of postal services in a specific geographical area, including unique prices in that geographical area, and the provision of certain free services to blind and partially sighted; b) to end-users or groups of end-users who, taking into account the specific cost of supply of the specified service, the revenue generated and any uniform prices imposed by geographical level ICP-ANACOM, can only be served at a loss or under cost conditions falling outside normal commercial practices. 5-shall be deemed to be included in subparagraph (b)) of the preceding paragraph the users or groups of users that 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 shall be made separately and so as to avoid the double-counting of any direct or indirect costs or benefits. 7-the overall net cost of universal service obligations shall be calculated as the sum of the net costs of the specific components of universal service obligations, taking into account all the non-material benefits.


PRESIDENCY of the COUNCIL of MINISTERS 24 Article 20 1-Financing the net cost of the universal service, when representing a unreasonable financial burden for the respective provider is compensated through a mechanism of distribution by providers of postal services, and shall for that purpose be established, by Ordinance, a compensation fund. 2-the Fund referred to in the preceding paragraph shall be constituted within 120 days from the date of the first full financial year after the approval of the cost accounting system, pursuant to article 16. Article 21 1-compensation fund the compensation fund provided for in the preceding article is funded, alternative or cumulatively, in the following ways: a) reimbursement of all postal service providers, including the designated universal service providers, which offer one or more services falling within the scope of the universal service defined under paragraphs 1 and 2 of article 12; b) donations or bequests made by any natural or legal person wishing to contribute to the financing of universal postal service; c) income from the administration of the compensation fund, the income from bank deposit accounts where the availability of the Fund; d) the proceeds of fines and periodic penalty payments, as provided for in subparagraph (c)) of paragraph 4 of article 51 and paragraph 5 of article 52. 2-can be defined by order of the members of the Government responsible for PRESIDENCY of the COUNCIL of MINISTERS of finance and communications 25, form and reimbursement criteria for the compensation fund. 3-ICP-ANACOM should be heard in determining the criteria for reimbursement to the compensation fund. 4-the Government may choose to exempt from contributing to the compensation fund providers that does not reach the turnover set by ministerial order referred to in paragraph 2. Article 22 1 compensation fund administration-the compensation fund is administered by 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-the entity that administers the Fund should: a) Receive their contributions, using a transparent and neutral means for the collection, in order to avoid double imposition of contributions; b) Oversee transfers and payments to be made to the universal service providers;

c) Disaggregate and identify separately for each service provider the charges relating to the allocation of the cost of universal service obligations. 3-ICP-ANACOM should ensure that the criteria for the allocation of costs and the constituent elements of the mechanism used, are publicly available. SECTION VI additional mandatory services PRESIDENCY of the COUNCIL of MINISTERS 26 article 23 availability of additional mandatory services By Ordinance, may be fixed other services to be made available, in addition to the postal services of the universal service, which should be offset by means other than through the compensation fund referred to in the preceding articles. CHAPTER IV provision of postal services scheme section I article 24 General provisions relating to the postal service in the free market 1-the provision of postal services is subject: the individual license regime), in the case of services covered by the scope of the universal service defined in accordance with paragraphs 1 and 2 of article 12 and the access to the activity is not done by appointment , pursuant to point (b)) of paragraph 1 of article 17; or (b)) to the general authorization regime, in other cases.

2-the provision of postal services subject to individual license or under the general authorisation may be exercised by individuals, with open finance services activity and by legal persons regularly constituted, with primary or secondary establishment in the national territory, and whose objects include the activity of providing postal services, being obliged to comply with the conditions governing the business applicable to them , PRESIDENCY of the COUNCIL of 27 MINISTERS including article 37. 3-the provision of postal services subject to individual licence or general authorisation scheme can still be exercised by providers of postal services legally established in a Member State of the European Union or the European economic area who wish to provide these same services on national territory, being obliged to comply with the conditions governing the business applicable to them in particular the provisions of article 37. 4-for the purposes of the preceding paragraph, to analyze the conditions required for the pursuit of the activity of postal service provider, the ICP-ANACOM must take into account the requirements and controls which are equivalent or comparable as to the purpose, that the applicant has already been submitted in the national territory or in another Member State of the European Union or the European economic area. 5-it is the ICP-ANACOM to approve the procedural rules, the models and the forms required for the activity of postal service provider.



Article 25 one-without prejudice to the possibility of having recourse to other forms of communication, all communications and notifications provided for in this chapter, as well as the transmission of documents, requests or information, is carried out by electronic means, through the electronic one-stop-shop services, referred to in article 6 of Decree-Law No. 92/2010 of 26 July.

PRESIDENCY of the COUNCIL of MINISTERS article 26 28 registration of providers of postal services 1-competes to the ICP-ANACOM maintain, update and publicize on a regular basis, in particular, on its Internet Web site, a register of postal service providers, which must contain the following information: a) full Identification provider, including the domicile or registered place of business and, where applicable, the location of secondary establishment in Portugal; b) indication of the postal network in which the provider supports in the national territory; c) services provided in the national territory; d) geographical area of action in the national territory; and) start date of activity on national territory; f) indication of the provision of postal services in the national territory under the freedom to provide services, where applicable. 2-In case of impossibility of notification of postal service providers for a period exceeding 90 days because these attributable, ICP-ANACOM may promote the suspension of registration in the register of the provider, without prejudice to the assessment and collection of fees that are due and the application of the fine that there is place. SECTION II individual license scheme article 27 application instruction 1-individual license is an administrative permission to send through the ICP-ANACOM, prior to the beginning of the activity, which submits the activities of this service provider the specific obligations.

PRESIDENCY of the COUNCIL of MINISTERS 29 2-the entities who wish to obtain an individual licence for the provision of postal services must submit to the ICP-ANACOM an application accompanied by the required elements for this entity, in accordance with the approved pattern, in particular: a) the information necessary for their full identification, in the case of natural persons, through simple copy of the identity document and proof of that is natural person with open finance services activity or in the case of legal persons, access to permanent certificate code or simply extract the content of the entries in the commercial register and indication of the ID number of the legal person, or, in the case of a legally established entity outside the national territory, a copy of the documentation issued by the competent authorities of the country of origin; b) description of activities already carried out in the framework of postal services, where applicable; c) information about the agreements concluded or to be concluded with third parties in order to engage in activity as postal services intends to exercise;

d) description of the project that proposes to implement, in particular, the nature, characteristics and service coverage areas, the postal network which supports, the levels of service to ensure quality and the measures envisaged to ensure implementation, reliability and quality of the postal service; and) date set for the beginning of the activity; f) information about the technical and human capacity needed to ensure compliance with the essential requirements referred to in article 7. Article 28 COUNCIL of MINISTERS PRESIDENCY 30

Licensing 1-after submission of the application, it is incumbent upon ICP-ANACOM: a) notify the applicant of the receipt of the request, informing him of the deadline set in the law for the final decision, the effects resulting from the lack of final decision within that period and the applicable administrative reaction; b) verify that the request is properly instructed and otherwise, request additional documents that are necessary; c) Require, so grounded, the necessary clarifications on the aspects referred to in paragraph 2 of the preceding article. 2-the application must be refused when: a) does not comply with the requirements in articles 24 and 27; (b)) the applicant party is suspended or prohibited from exercising their activity under article 48; (c)) the applicant party is a society which directly or indirectly participates, domine, is owned or dominated by any natural or legal person in the situation referred to in the preceding paragraph. 3-the application for licensing must be decided within 40 days. 4-after the period referred to in the preceding paragraph, is automatically issued stating that determine the tacit acceptance of the request. 5-the period referred to in paragraph 3 shall be suspended in the cases provided for in paragraph 1 (b)) and c) of paragraph 1, until the receipt of the requested elements. Article 29 License Elements of the licence shall contain, in particular, the following elements: PRESIDENCY of the COUNCIL of MINISTERS 31 a) identification of services covered; b) geographical area of action; c) deadline for beginning of activity; d) rights and obligations of the provider; and Term and term of the license). Article 30 term and renewal of licenses licenses are assigned for a period of 10 years, automatically renewable for equal periods, without prejudice to their amendment, revocation or expiry. Article 31 Amendment 1-licenses can be changed in the following cases: a) on the initiative of ICP-ANACOM, on account of the publication of regulations that will be adopted and that pay demands and conditions not foreseen at the time of assignment, in accordance with the principles of the pursuit of the public interest and proportionality; b) at the request of the licensed entity, which must be duly substantiated and subject to authorization of the ICP-ANACOM. 2-for the purposes of point (a)) of the preceding paragraph, due to the ICP-ANACOM notify the entity intends to introduce the amendment to the title, giving him a minimum of 10 days for this rule.

PRESIDENCY of the COUNCIL of MINISTERS article 32 32 Transferability of licences licences be transferable subject to prior authorisation of the ICP-ANACOM, granted in accordance with articles 27 and 28 of this law, with the necessary adaptations, and the entity is passed to meet the license requirements of this law, assuming all rights and obligations under the respective title. Article 33 extinction of 1-licenses licenses quenching by expiry or revocation. 2-Are the reasons for revocation of licenses: a) the cessation of activity by the proprietor; b) Extinction of the legal person licensee; c) the occurrence of the fact that causes the impossibility of developing the activity in question; or d) during the term, the ICP-ANACOM opposes, with at least six months in advance, the automatic renewal of the same. 3-in the event of non-compliance, on the part of the licensed entity, of this law, the respective degrees of development or of the conditions laid down in the permit, the licenses can be revoked by a decision of the ICP-ANACOM, pursuant to article 48. SECTION III general authorisation article 34 CHAIRMANSHIP of COUNCIL of MINISTERS 33 1 Procedure-the entities who wish to initiate the provision of postal services not subject to individual licence are required to communicate to ICP-ANACOM, in accordance with the approved pattern: a) the information necessary for their full identification, through the means referred to in point (a)) of paragraph 2 of article 27; b) the description of the service that they provide; c) the geographical area of action; d) the postal network which support; and) the date set for the beginning of the activity; f) its intention to settle in Portugal, if not here wish to pursue its activities under the freedom to provide services. 2-the entities must obtain proof of shipment carried out in accordance with the provisions of the preceding paragraph, upon acknowledgement of receipt legally recognised postal or electronic, in particular. 3-may not engage in the business of provision of postal services under the general authorisation notifying entities:) are suspended or prohibited from exercising their activity under article 48; b) Are companies which, directly or indirectly, to participate, to dominate, to be reported or dominated by any natural or legal person in the situation referred to in the preceding paragraph. 4-Notwithstanding the preceding paragraph, upon presentation of proper instruction communication pursuant to paragraph 1, the entities notifiers can start immediately.

PRESIDENCY of the COUNCIL of MINISTERS 34 article 35 registration Incumbent providers to ICP-ANACOM, within 10 days of receipt of the notification referred to in the previous article, send proof of registration of the applicant entity in the register of postal service providers. SECTION III rights and obligations of the providers of postal services article 36 rights of postal service providers Constitute rights of postal service providers: a) to develop the provision of postal services; b) establish, manage and operate a postal network; c) Negotiate with other postal service providers access and access to their respective networks, in accordance with this law; d) Negotiate with other postal service providers access and access to the corresponding elements of the postal infrastructure or services provided by them, in accordance with this law; and) enter into contracts with third parties to carry out operations which form part of the postal services they provide; f) Fix freely the prices of its services, including the prices of postal networks and access to elements of postal infrastructure, without prejudice to the rules laid down in this law as the fixing of prices. Article 37 obligations of postal service providers PRESIDENCY of the COUNCIL of MINISTERS 35 1-without prejudice to other obligations set out in this Act, constitute obligations of the providers of postal services: a) meet the essential requirements referred to in article 7; b) comply with the legal and regulatory rules applicable to the activity, as well as the determinations of the ICP-ANACOM; c) Advertise properly, in particular, on its Internet Web site, and provide regularly updated and accurate information to users about the characteristics of the services provided, in particular, about the General conditions of access and use of the services, prices and quality levels practiced; d) Advertise, as appropriate, in particular on its Internet Web site, and at least 30 days, the extinction, in whole or in part, of the services provided in the national territory;

and) Announce, as appropriate, in particular on its Internet Web site, and at least 10 days, the total or partial suspension of services on national territory, except for unforeseeable circumstances or force majeure; f) Ensure the treatment of complaints from users in accordance with the procedure provided for in this law; g) make available to other postal service providers access to the system and the elements of the postal infrastructure or services provided by you, pursuant to the present law; h) Communicate to ICP-ANACOM any amendment relating to elements contained in its registration referred to in article 26, within 30 days from the date of verification;

PRESIDENCY of the COUNCIL of MINISTERS 36 i) Pay to the ICP-ANACOM all the information they requested, pursuant to article 45; j) Provide access to ICP-ANACOM to premises, equipment and documentation for verification and monitoring of the obligations to which they are subject, within the framework of this entity's skills, as laid down in their Statutes, and in accordance with the legislation applicable to the type of procedure or process in question; l) Proceed to the payment of applicable fees, in accordance with article 44; m) the activity in accordance with its licence or with the communication sent to the ICP-ANACOM pursuant to article 34, as applicable; n) Identify in each postal item its title, while postal services provider.

2-are specific obligations of postal services providers licensed:) Sponsor financially to the compensation fund of the universal service, in accordance with article 21. b) have an accounting system that enables the separation of accounts between the services covered by the universal service scope defined pursuant to article 12 and the other services included in its activity, when comparticipem financially to the compensation fund the costs of the universal service; c) Proceed, without prejudice to the provisions of subparagraph (c)) of the preceding paragraph, the measurement and PRESIDENCY of the COUNCIL of MINISTERS 37

publicising levels of quality of service actually offered, according to the parameters and rules set by ICP-ANACOM, including the publication of quality of service, and respecting the periodicity defined when this obligation is imposed by ICP-ANACOM. 3-the obligations imposed in accordance with subparagraph (c)) of the preceding paragraph shall be transparent, accessible, non-discriminatory, proportionate, precise and clear, publicised in advance, based on objective and duly justified by ICP-ANACOM, to ensure the protection of users. 4-postal service providers are responsible for the full and timely compliance with the obligations provided for in this law, though, for the exercise of its activity, availing of the services of other entities.

Chapter V access to networks and the elements of the postal infrastructure article 38 access to postal networks 1-universal service providers must ensure access to their networks in a transparent and non-discriminatory conditions, by means of agreements to be established with the postal service providers who so request, considering universal service network the postal network affect the provision of the universal service. 2-The agreements concluded in accordance with the provisions of the preceding paragraph shall be sent by universal service providers to the ICP-ANACOM within 10 days of the date of its conclusion.

PRESIDENCY of the COUNCIL of MINISTERS-38 3 If postal services providers cannot reach agreement on the conditions of access guaranteed under paragraph 1, can either party resorting to ICP-ANACOM, in accordance with the procedure laid down in article 54. 4-in the cases referred to in the preceding paragraph, the ICP-ANACOM may determine the terms and conditions of access, including prices, when this is necessary to ensure effective competition or the interests of users and be completed the following requirements:) When they're concerned elements of postal network in question without access to a postal service provider find difficulties to access to the market; b) when access does not harm security, efficiency and integrity of the same or the provision of universal service.

5-the decision referred to in paragraph 1 must be duly substantiated and the terms and conditions, including prices, taxes shall ensure respect for the principle of transparency and non-discrimination that are required universal service providers. 6-When this is necessary to ensure effective competition or the interests of users, the ICP-ANACOM may: a) determines that the universal service providers advertise, as appropriate, the terms and conditions for access to the network, including pricing; b) Set the terms and conditions of access to the networks of universal service, the information to advertise under the preceding paragraph, as well as the form and the manner of its publication;

PRESIDENCY of the COUNCIL of MINISTERS 39 c) Determine changes to the terms and conditions of access advertised at any time and, if necessary, with retroactive effect. 7-the other postal service providers may negotiate and agree amongst themselves the technical and commercial arrangements for access to their networks, and the ICP-ANACOM intervene, pursuant to paragraphs 3 to 5, where this is necessary to ensure effective competition or to protect the interests of users. Article 39 access to elements of postal infrastructure 1-Without prejudice to the provisions of the previous article, all postal service providers may negotiate and agree between themselves access to elements of postal infrastructure or services you provided, inter alia, the postcode system, address database, post office boxes, information on change of address forwarding service and return to sender service. 2-If the parties do not reach agreement regarding the access to the elements or to the services referred to in paragraph 1, and without prejudice to article 54, can either party resorting to ICP-ANACOM, which can impose on postal service providers access to parts and services referred to in the preceding paragraph in transparent and non-discriminatory conditions whenever necessary to protect the interests of users or promote effective competition. 3-When there are several universal service providers with networking cards that, in isolation, do not cover the entire national territory, the ICP-ANACOM may impose conditions which ensure the interoperability of networks, in order to ensure the universality of service. CHAPTER VI users of postal services, PRESIDENCY of the COUNCIL of MINISTERS 40 article 40 right to use of the services everyone has the right to use the postal service, upon payment of the corresponding price and the applicable rules. Article 41 Complaints 1-Without prejudice to the provisions of Decree-Law No. 156/2005 of 15 September, as amended by Decree-Law No. 371/2007 of 6 November, by Decree-Law No. 118/2009, of 19 May and by Decree-Law No. 317/2009, of 30 October, all postal service providers shall ensure that the treatment of complaints from users:) Through transparent procedures simple and free, to ensure timely and reasoned response to the same and to allow the attribution of responsibility in cases that involved more than one provider; b) Establishing adequate systems of reimbursement and compensation. 2-the establishment and operation of the procedures and systems referred to in the preceding paragraph shall take into account the applicable international standards, concerning the treatment of complaints, in particular those defined within the European Union. 3-to ensure the transparency referred to in subparagraph (a)) of paragraph 1, all providers of postal services must be made available to users through advertising on their websites and in their establishments, up-to-date information about the complaints-handling procedures and reimbursement systems and PRESIDENCY of the COUNCIL of MINISTERS established compensation 41 pursuant to the preceding paragraphs as well as on the mechanisms of ADR with users in their possession. 4-universal service providers must measure at least once a year, indicators on the complaints received, and may the ICP-ANACOM in terms proportionate, non-discriminatory and transparent, secure these indicators, rules and methods of measurement. 5-universal service providers should publicize information concerning the number of complaints and their resolution, in terms that are defined by ICP-ANACOM without prejudice to other information that this entity will determine.



6-ICP-ANACOM may determine that, in addition to the universal service provider, other postal service providers collect, advertise and referring to the ICP-ANACOM information relating to complaints received, as well as secure, as provided for in paragraph 4, indicators, rules and methods for their measurement and disclosure. Article 42 complaints 1-postal service users, individually or in conjunction with organizations representing consumers, can make a complaint to the ICP-ANACOM in cases of claims previously presented to providers of postal services, for which those have not responded timely and PRESIDENCY of the COUNCIL of MINISTERS inform 42 or that have not been satisfactorily resolved. 2-it is the ICP-ANACOM to analyze and respond to complaints submitted under the preceding paragraph. Article 43 Right to hearing the definition, by ICP-ANACOM, the parameters of quality of service and performance targets, as well as the rules for the formation of prices of postal services that make up the universal service, as provided for in articles 13 and 14, is preceded by a hearing of organisations representing consumers.

CHAPTER VII fees, supervision, supervision section I article 44 1 Rates-Rates are subject to payment of fees: a) the issuance, amendment and renewal of license; b) the issue of the proof of the service provider's registration in the register of providers of postal services; c) the endorsement to the Declaration; d) replacement license or declaration in case of loss.

PRESIDENCY of the COUNCIL of MINISTERS 43 2-all postal service providers are subject to the payment of annual fees for the exercise of the activity. 3-The amounts of the fees referred to in the preceding paragraphs shall be fixed by order of the Member of Government responsible for the communications area, costs associated with the administrative, technical and operational tasks related to the activities of regulation, supervision and monitoring, constituting ICP-ANACOM recipe. 4-for the purposes of the preceding paragraph, the annual fees provided for in paragraph 2 shall be borne by the providers of postal services on the basis of the costs of regulation, supervision and monitoring of their activities.


SECTION II supervision and supervision article 45 provision of information 1-The postal service providers shall provide to the ICP-ANACOM, upon request, all the information related to its business, including: a) financial information and relating to the provision of postal services; b) contracts or agreements with third parties to develop operations that integrate the postal services they provide. 2-for the purposes of the preceding paragraph, service providers must identify, so grounded, the information they consider confidential and must join, as appropriate, a non-confidential copy of the documents containing such information. 3-information can be requested by ICP-ANACOM especially to the following PRESIDENCY of the COUNCIL of MINISTERS 44 purposes: a) verification of compliance with the legal provisions and regulations, as well as decisions taken thereunder; b) clearly defined statistical purposes; c) compliance with the obligation referred to in paragraph 6. 4-requests for information from ICP-ANACOM should be proportionate in relation to the purposes for which they are intended and shall be duly justified.

5-the information requested should be supplied within the time limits, in the form and with the level of detail required by ICP-ANACOM may be established situations and the frequency of your shipment and the ICP-ANACOM to establish to that end a period of less than 10 days, except in cases of urgency based. 6-ICP-ANACOM shall provide the Commission, at its request, with appropriate and relevant information for the execution of the tasks conferred on it by Directive No. 97/67/EC of the European Parliament and of the Council of 15 December 1997, as amended by Directive n° 2002/39/EC of the European Parliament and of the Council of 10 June 2002 , and by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, including information obtained pursuant to the preceding paragraphs. 7-When the information supplied pursuant to paragraph 1 to be kept confidential by ICP-ANACOM, the ICP-ANACOM making public such classification to the European Commission. Article 46 Inspection PRESIDENCY of the COUNCIL of MINISTERS 45 1-without prejudice to the powers attributed to other entities, the oversight of compliance with the provisions of this law is the responsibility of the ICP-ANACOM, through its supervisory agents or representatives duly accredited by the Board of Directors. 2-in the performance of their duties, the ICP-ANACOM is assisted by the police and other authorities or public services whose collaboration request.

Article 47 compensation mechanism in the event of non-compliance with the performance targets associated with the provision of the universal service laid down pursuant to paragraph 1 of article 13, the ICP-ANACOM may, in accordance with the principles of proportionality, adequacy, non-discrimination and transparency, apply compensation mechanisms for the users of the universal service. Article 48 infringement proceedings 1-without prejudice to other applicable sanction mechanisms, whenever the ICP-ANACOM finds that a postal service provider does not comply with any of the obligations to which it is subject, shall notify the company accordingly and give you the possibility to comment within a period of not less than 10 days. 2-after completing the hearing under the preceding paragraph, the ICP-ANACOM may: a) Order to the supplier the adoption of behaviors or measures 46 COUNCIL PRESIDENCY to correct the non-compliance; b) Implement periodic penalty payments, in accordance with article 52. 3-orders issued in accordance with subparagraph (a)) of the preceding paragraph shall be carried out within 30 days, and the ICP-ANACOM, in duly justified cases, fix a time limit of less than. 4-In case of serious or repeated failure to fulfil the obligations, when the measures imposed under paragraphs 2 and 3 have not led to the desired compliance with ICP-ANACOM may determine the suspension up to a maximum of six months, the activity of the service provider or to carry out the withdrawal, in whole or in part, of the allowances. 5-where, during the period of suspension of the activity determined in accordance with paragraph 1, the payment service provider to comply with the measures necessary to regularize the situation, it is incumbent upon ICP-ANACOM lift the suspension within 10 days. Article 49 administrative offences and fines 1-Constitute administrative offences: a) the infringement of the provisions of paragraph 1 of article 11; b) violation of the provisions of paragraph 2 of article 11; c) violation of the provisions of paragraph 3 of article 12; d) violation of the provisions of paragraph 4 of article 12; and) failure parameters of quality of service and performance targets established under paragraph 1 of article 13; f) violation of the provisions of paragraphs 3 and 4 of article 13; g) breach of the principles and the criteria for fixing the prices of postal services that comprise the provision of universal service, in accordance with the PRESIDENCY of the COUNCIL of MINISTERS 47 Nos. 1, 2, 3 and 5 of article 14; h) violation of notification obligation laid down in paragraph 4 of article 14; I) non-compliance with the obligations imposed by ICP-ANACOM, pursuant to paragraph 8 of article 14; j) non-compliance with the obligations laid down in paragraphs 1 to 3 of article 15; l) non-compliance with the principles of the distribution of costs referred to in paragraphs 1 to 3 of article 16;

m) the provision of postal services without obtaining licence, in breach of the provisions of subparagraph (a)) of paragraph 1 of article 24; n) transmission of licenses in violation of the provisions of article 32; the failure of obligation) in paragraph 1 of article 34; p) the violation of the obligation provided for in paragraph 1 (a)) of paragraph 1 of article 37 q) the violations of the obligations laid down in paragraph 1 (b)), c), (d)), and), f), g), (h)), i), (j)), and n) of paragraph 1 of article 37; r) the violation of the obligation provided for in paragraph m) of paragraph 1 of article 37; s) non-compliance with the obligations laid down in points (a)), b) and (c)) of paragraph 2 of article 37; t) failure to comply with the provisions of paragraph 1 of article 38; u) the lack of communication and submission to ICP-ANACOM access agreements to postal networks, in accordance with paragraph 2 of article 38; v) non-compliance with the determinations of the ICP-ANACOM adopted pursuant to paragraphs 3, 4, 6 and 8 of article 38;

PRESIDENCY of the COUNCIL of MINISTERS 48 x) non-compliance with the determinations of the ICP-ANACOM adopted pursuant to paragraphs 2 and 3 of article 39; z) the infringement of the right of use of postal services, in accordance with article 40; AA) the absence of a system for processing complaints from users, pursuant to paragraphs 1 and 2 of article 41 bb) the lack of provision of information pursuant to paragraph 3 of article 41; CC) non-compliance with the provisions of paragraphs 4 and 5 of article 41; DD) the failure referred to in paragraph 6 of article 41; EE) violation of the provisions of paragraphs 1 and 5 of article 45; FF) the failure to comply with the decision of the ICP-ANACOM taken in the dispute settlement process within the prescribed execution, in violation of paragraphs 1 and 4 of article 54; Gg) the breach by the concessionaire to the provisions laid down in paragraphs 9 and 10 of article 57; HH) the failure to comply with the obligation laid down in paragraph 3 of article 59; II) failure to comply with orders or orders of the legitimate ICP-ANACOM regularly communicated to your recipients. 2-Are those set out in points (a) light offenses r) and hh) of the preceding paragraph. 3-Are serious offences as provided for in paragraph 1 (b)), c), (d)), f), h), (j)), l), m), (n)),), q), s), t), u), z), aa), bb), cc), dd), ee) and gg) of paragraph 1. 4-Are very serious offenses provided for in (a)), and), g), (i)), p), v), x), ff) and ii) of paragraph 1. 5-The light offenses are punishable by the following fines: a) If committed by a natural person, € 100 to € 2 500;

PRESIDENCY of the COUNCIL of MINISTERS 49 b) If committed by a micro-enterprise, of € 150 to € 5 000; c) If practiced by small business, for € 500 to € 10 000; d) If practised by medium-sized enterprise, € 1 000 to € 20 000; e) If practiced by large company, € 2 500 to € 50 000. 6-The serious offences are punishable by the following fines: a) If committed by a natural person, € 250 to € 7 500;

b) If committed by a micro-enterprise, of € 750 to € 10 000; c) If practiced by small business, € 1 250 € 25 000; d) If practised by medium-sized enterprise, € 2 500 € 50 000; e) If practiced by large company, of € 5 000 to 500 000 euros. 7-The very serious offences are punishable by the following fines: a) If committed by a natural person, € 500 to € 20 000; b) If practised for microenterprise, € 1 250 € 50 000; c) If practiced by small business, € 2 500 € 150 000; d) If practised by medium-sized enterprise, of € 5 000 to € 450 000; e) If practiced by large company, of € 10 000 to € 1 000 000. 8-where the alleged infringement resulting from the failure to comply with a legal duty or an order issued by the ICP-ANACOM, the application of sanctions and compliance do not exempt the offender from the line of duty or of the order, if this is still possible.

PRESIDENCY Of The COUNCIL Of MINISTERS 50

9-in the cases referred to in the preceding paragraph, the offender may be subject by ICP-ANACOM to duty or order the order concerned, whose failure to comply within the time allowed may determine the application of a penalty payment, pursuant to article 52. 10-In contravention of this law, are punishable to attempt and negligence.

Article 50 penalties in addition to the penalties laid down in the preceding article, may also be applied where the seriousness of the offence and the guilt of the appropriate agent, the following penalties: suspension), up to a maximum of two years, the exercise of the activity; b) Prohibition of the exercise of their activity to a maximum of two years. Article 51 and 1 application Processing-the establishment of an administrative offence is within the jurisdiction of the Board of Directors of the ICP-ANACOM and the statement of the same to their services. 2-the application of fines and penalties provided for in this law, as well as the filing of the decision processes of an administrative offence is within the jurisdiction of the Board of Directors of the ICP-ANACOM. 3-the powers provided for in the preceding paragraphs can be delegated, with possibility of sub-delegation.

PRESIDENCY of the COUNCIL of MINISTERS-the fines 51 4 reverts on: the 50% rule); b) 30% to the ICP-ANACOM; and (c)) 20% of the compensation fund provided for in article 20 and following, when it is formed. 5-While is not set up the compensation fund, the amount referred to in the preceding paragraph shall be divided in equal parts by the State and by ICP-ANACOM. 6-the exception to the preceding paragraphs to a misdemeanour provided for in point p) of paragraph 1 of the preceding article, when the result of the failure to comply with the obligation referred to in point (d)) of paragraph 1 of article 7, and the National Commission for Data Protection the establishment and procedure of a misdemeanour, as well as the implementation of their respective fines, the amount of which reverts to the State for this entity and the compensation fund referred to in article 20 and following, in the proportions provided for in paragraphs 4 and 5. Article 52 1-periodic penalty payments Without prejudice to any other penalties applicable in the event of failure of the ICP-ANACOM decisions imposing administrative sanctions or order, in exercising powers legally you attend, the adoption of behaviors or certain measures postal services providers, can this, as appropriate, impose periodic penalty payments, in particular in the cases referred to in paragraph 1 (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 paragraph 1 of article 49. 2-the penalty consists in the imposition, the postal service provider, the payment of a pecuniary amount per each day of delay, to PRESIDENCY of the COUNCIL of MINISTERS 52 beyond the deadline for the fulfilment of the obligation is established. 3-the sanction referred to in the preceding paragraphs shall be fixed according to criteria of reasonableness and proportionality, taking account of the turnover of the offender performed in the previous calendar year and caused negative impact on the market and on users by default, and may your daily amount be between € 500 and € 100 000.



4-The amounts fixed in accordance with the preceding paragraph may be variables for each day of default towards growing and may not exceed the maximum amount of € 2 000 000 and a maximum of 30 days. 5-the amount of the penalty imposed reverts to the State, to the ICP-ANACOM and the compensation fund provided for in this read, pursuant to paragraphs 4 and 5 of the preceding article. 6-the acts of the ICP-ANACOM practiced under this article appeal to the Court of competition, regulation and supervision, when applied in a case of alleged infringement, and for the administrative courts, in all other cases. SECTION III provision of information by ICP-ANACOM article 53 Publication of PRESIDENCY of the COUNCIL of MINISTERS information 53 1-competes to the ICP-ANACOM make and keep updated information that will contribute to an open and competitive market, in particular those relating to the following matters: the) implementation of this regulatory framework; b) rights, obligations, procedures, fees and decisions concerning individual license schemes and general authorisation; c) register of postal service providers;

d) levels of quality of service provided by universal service providers and, under the conditions laid down in subparagraph (c)) of paragraph 2 of article 37, by other service providers offering postal services fall within the scope of the universal service; and presentation of complaints Mechanisms) and complaints; f) complaints received and handled by universal service providers and, in the cases provided for in paragraph 6 of article 41, the other postal service providers; g) information relating to the net cost of the universal service and the contributions made to the compensation fund, if it is established and is functioning effectively; and h) statistics on traffic, human or other resources on the market. 2-ICP-ANACOM publishes periodically a report with information about the complaints submitted by consumers with regard to services and other benefits provided by providers of postal services, covering all kinds of complaints, regardless of the mode and manner of presentation. 3-the report provided for in paragraph 1 must, at the very least, refer to the volume of complaints, identify the service providers and the services concerned and, within the PRESIDENCY of the COUNCIL of MINISTERS 54 each service, the matter which is the subject of complaint. 4-the information referred to in the preceding paragraphs may be made available, in particular in digital format on the Internet, at the headquarters of ICP-ANACOM and in all its delegations, as well as in its official publication, depending on the nature of matter the advise.

Chapter VIII Administrative Dispute Resolution article 54 administrative Resolution of disputes 1-competes to the ICP-ANACOM, at the request of the parties, resolve, through binding decision, any disputes arising between postal service providers related to the obligations arising from this Act or the regulations and decisions of the ICP-ANACOM, without prejudice to the possibility of recourse to the courts or to other non-judicial means. 2-ICP-ANACOM intervention must be requested by either party within a maximum period of 12 months from the date of the beginning of the dispute. 3-the decision of the ICP-ANACOM, save in exceptional circumstances, must be given within 4 months from the date of submission of the application. 4-ICP-ANACOM's decision shall be duly motivated and set a deadline for his execution, being notified to the parties and published, provided they safeguarded the commercial confidentiality. Article 55 PRESIDENCY of the COUNCIL of MINISTERS 55 refusal of application for settlement of disputes 1-ICP-ANACOM may only refuse a request for resolution of a dispute filed pursuant to previous article in the following cases: a) when there is compliance with obligations arising from this law, approved diplomas in its development or the regulations and decisions of the ICP – ANACOM; (b)) When the time limit has elapsed provided for in paragraph 2 of the preceding article; c) When the ICP-ANACOM to understand that there are other means, including mediation, more suitable for the resolution of the dispute in a timely manner. 2-ICP-ANACOM must notify the parties as soon as possible, of the refusal of the application and, in the case referred to in point (c)) of the preceding paragraph, of which the most appropriate means for the resolution of the dispute. 3-in the case of refusal provided for in subparagraph (c)) of paragraph 1, can the ICP-ANACOM, at the request of either party, initiate the process provided for in the preceding article if, cumulatively:) have the parties initiated the mechanism of judicial settlement of disputes indicated by ICP-ANACOM in accordance with the preceding paragraph; b) have elapsed more than four months and less than six months on the notification of refusal of the application; c) the dispute is not resolved; d) there is been brought court action for resolution of the dispute; e) both parties agree on extinction mechanism of judicial settlement of disputes however started. Article 56 PRESIDENCY of the COUNCIL of MINISTERS 56 1-judicial review of decisions, orders or other measures taken by ICP-ANACOM on administrative offense proceedings, arising from the application of the legal regime of postal services, appeal pursuant to law. 2-the remaining acts performed by ICP-ANACOM fits also feature, in accordance with applicable law.


CHAPTER XIX transitional and final provisions article 57 1 Dealership-CTT-Correios de Portugal, s.a., is in national territory, the universal postal service provider, until 31 December 2020. 2-the conditions of provision of the universal service must be re-evaluated every 5 years, by the Government, heard the ICP-ANACOM and the organisations representing consumers, in order to adapt them to market developments as well as the principles underlying the provision of universal service. 3-by the end of the period referred to in paragraph 1, the CTT-Correios de Portugal, S.A., remains exclusive provider of activities and reserved services referred to in point (b)) of paragraph 2 of article 3. 4-the concessionaire is obliged to comply with the arrangements contained in this law, with the specifics given in the following paragraphs. 5-except where incompatible with the scheme approved by this Act, remain in force all the obligations of the universal postal service concession, approved by Decree-Law No. 448/99, of November 4, repealed 57 of the COUNCIL of MINISTERS PRESIDENCY partly by Decree-Law No. 150/may 5, 2011, and amended by Decree-Law No. 112/2006, of June 9 and by Decree-Law No. 116/2003 , June 12. 6-the Government must proceed with the amendment of the basis of the concession referred to in the preceding paragraph in accordance with the scheme set out in this law.

7-the arrangement of quality and price agreement concluded between the ICP-ANACOM and the CTT-Correios de Portugal, S.A., on 10 July 2008, remain in force provisionally, under the universal service concerned, as defined in this Act, respectively, pending the adoption of the decision referred to in paragraph 1 of article 13 and to the setting of the criteria that must obey the pricing in accordance with paragraph 3 Article 14 of this law. 8-the company CTT-Correios de Portugal, S.A., has the option of providing postal services not covered in the subject of the concession with exemption of the procedures provided for in articles 27 and 34. 9-the company CTT-Correios de Portugal, S.A., shall, within 60 days after the entry into force of this Act, inform the ICP-ANACOM provides postal services in accordance with the preceding paragraph. 10-where the concessionaire CTT-Correios de Portugal, S.A., initiate the provision of postal services which do not fall within the subject of the concession, should inform the ICP-ANACOM prior to its beginning. Article 58 transitional provisions 1-the provisions of the Regulation of public post offices, approved by the PRESIDENCY of the COUNCIL of MINISTERS 58 Decree-Law No. 176/88, of May 18, as well as regulatory measures adopted under that are not incompatible with the provisions of this law shall be maintained until the entry into force of the diploma of development referred to in paragraph 3 of article 1. 2-Any net costs of universal service eventually checked only consider themselves losers with the Constitution of the Fund provided for in article 20. Article 59 regularization of 1 titles-it is the ICP-ANACOM to changes and adaptations required licences and authorizations issued pursuant to Decree-Law No. 150/2001, of May 7, amended by Decree-Law No. 116/2003, of 12 June, with remission of the corresponding fee. 2-licences and permits issued pursuant to Decree-Law No. 150/2001, of May 7, amended by Decree-Law No. 116/2003, of 12 June, remain in force until the settlement referred to in the preceding paragraph. 3-for the purposes of the preceding paragraphs, the postal service providers in activity at the date of entry into force of this law shall, within 60 days of that date, inform the ICP-ANACOM of postal services they provide. Article 60 Count counting deadlines deadlines provided for in this Act apply the rules laid down in article 72 of the code of administrative procedure. Article 61 1-set Standard Are revoked: PRESIDENCY of the COUNCIL of MINISTERS the 59) Law No. 102/99 of 26 July; b) Decree-Law No. 150/2001, of May 7; c) Decree-Law No. 116/2003, of 12 June, with the exception of articles 3 and 5; d) in subparagraph (b)) of paragraph 1 and paragraph 4 of article 1 of law No. 88/97, of 25 July.

2-all references to the legislation repealed in accordance with the provisions of the preceding paragraph shall be understood as references to the provisions of this law. Article 62 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers of 7 December 2011 the Prime Minister Deputy Minister and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 60

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2009 Postal Law