CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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PL 369/2013

2013.10.03

Exhibition of Motives

The Law No. 17/2012 of April 26, amended by the Decree-Law No [Reg. DL 368/2013], which

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, which transposed to the internal legal order to Directive No 2008 /6/CE, of the

European Parliament and of the Council of February 20, 2008, realised full

liberalization of the postal sector.

Returned more than one year on the date of its entry into force, it becomes necessary to proceed

some punctual changes to the same, essentially related to the regime of

turnout for the compensation fund intended for the financing of the service

universal, and with the rules of access to certain elements of the postal networks to

safeguarding the provision of the universal postal service.

With respect to the attendance scheme for the compensation fund, the Act

n ° 17/2012 of April 26, as amended by Decree-Law No [Reg. DL 368/2013], establishes that

this fund is financed, among other means, by the comparticipation of all the providers of

postal services that offer one or more services covered by the scope of the service

universal.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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In keeping with the spirit underlying the Directive No 2008 /6/CE of Parliament

European and Council, of February 20, 2008, and given particular attention to the

in the respect of the recitals, it matters to clarify that they are covered by the scope of the service

universal, for this purpose, the services that are qualified by ICP-ANACOM as

interchangeable with services included in the scope of universal service, as defined in the

terms of Article 12 of Law No. 17/2012 of April 26, amended by the Decree-Law No [Reg. DL

368/2013].

It is thus clear that they should contribute to the compensation fund the providers of

services that, in the optics of the user, are interchangeable with the integrated services in the service

universal, which as such come to be defined by the national regulatory authority.

Regarding the access regime, it specifically regulates access to the networks of providers

of postal services, to safeguard the provision of the universal postal service. In these terms,

stipulates that, for the purposes of ensuring the provision of the universal service in whole or part of the

national territory by the provider or providers of the universal service to be designated in the sequence

of the designating mechanism referred to in point (s) b) of Article 17 (1) of the Law n.

17/2012, of April 26, amended by the Decree-Law No [Reg. DL 368/2013], the ICP-ANACOM

may define the terms and conditions of access to certain elements of the postal networks of the

providers in activity, or to impose that these advertisement, in an appropriate manner, the terms and

conditions of access to certain elements of your network.

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Proposal for Law No. 179 /XII/3.

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With this amendment, the ICP-ANACOM becomes able to define the conditions of access to the networks

postcards not only when this proves necessary to ensure effective competition or

protect the interests of users, as already provided for in Law No. 17/2012 of April 26,

changed by the Decree-Law n. [Reg. DL 368/2013], as also when you consider it

necessary to ensure the provision of the universal service in all or part of the territory

national by the provider or providers to be designated in the sequence of the assignment mechanism

above mentioned.

IP-ANACOM passes yet to be able to impose on postal service providers access to

elements of your postal infrastructure or the services per se provided, namely the system

of postal code, the database of addresses, the trims, the information about the change

of address, the rerouting service and the return service to the sender, always

how this will be necessary to ensure the provision of the universal service.

Additionally, the mechanism of administrative resolution of disputes provided for in the

article 54 of Law No 17/2012 of April 26, amended by the Decree-Law

n. [Reg. DL 368/2013], stipulating a shorter term, of 40 working days, for decision of

disputes whose resolution takes manifest urgency, related to the need to ensure the

provision of the universal service.

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:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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Article 1.

Object

This Law proceeds to the second amendment to Law No. 17/2012 of April 26, amended by the

Decree-Law n. [Reg. DL 368/2013], which sets out the legal regime applicable to the provision of

postal services, in full competition, in the national territory as well as services

international with origin or destination on the national territory, and transposed into the legal order

internal to Directive No 2008 /6/CE, of the European Parliament and of the Council, of February 20

of 2008.

Article 2.

Amendment to Law No. 17/2012 of April 26

Articles 21, 24, 37, 39, 39 and 54 of Law No 17/2012 of April 26, amended by the

Decree-Law n. [Reg. DL 368/2013], go on to have the following essay:

" Article 21.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-For the purposes of the provisions of the a ) of paragraph 1, consider themselves to be covered by the

scope of the universal service the services that are qualified by the

ICP-ANACOM as exchangeable with the services set out in Article 12 para.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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6-For the purposes of the provisions of the preceding paragraph, they understand as exchangeable

with the services set out in Article 12 the services which, from the point of view of

user, demonstrate permutability to a sufficient degree with these services,

taking into account the use to which they are intended, the applicable tariffs and the respect

characteristics, specifically its added value, even though such services

do not contain all the characteristics of the universal postal service, in particular

with respect to the frequency of delivery or coverage of all the territory

national.

Article 24.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-For the purposes of the provisions of the a ) of paragraph 1, consider themselves to be covered by the

scope of the universal service the services that are qualified by the

ICP-ANACOM as interchangeable with the services set out in Article 12, us

terms of paragraphs 5 and 6 of Article 21.

6-[ Previous Article No 5 ].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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Article 37.

[...]

1-[...].

2-[...]:

a) [...];

b) Have an accounting system that allows for separation of accounts

between the services covered by the scope of the universal service defined in the

terms of Article 12, including the services that, from the point of view of

user, are considered exchangeable services with the services

defined in Article 12, and the remaining services understood in its

activity, when they attend financially for the fund of

compensation of the costs of the universal service;

c) [...].

3-[...].

4-[...].

Article 38.

[...]

1-[...].

2-[...].

3-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 179 /XII/3.

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4-[...].

5-[...].

6-[...].

7-Postal service providers, even if they have no service obligations

universal, can negotiate and agree between each other the technical modalities and

commercial access to the respective networks, and ICP-ANACOM may intervene,

in the terms of paragraphs 3 a to 5, where this is necessary to guarantee a

effective competition, protect the interests of users or ensure the

provision of the universal service.

8-The ICP-ANACOM may, when it deems it necessary to ensure the

provision of the universal service in all or part of the national territory by the

provider or providers to be assigned in the sequence of the assignment mechanism to

which refers to ( b) of Article 17 (1):

a) Establish that postal service providers advertisement, in a manner

appropriate, the terms and conditions of access to certain elements of the

your network, without the access to which the provision of the universal service can

be impaired, including prices;

b) Define the terms and conditions of access to certain elements of the

postal networks of postal service providers, without the access to which the

provision of the universal service may become impaired, and the information to

advertise in the terms of the previous paragraph as well as the form and mode of the

your advertised;

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Proposal for Law No. 179 /XII/3.

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c) Determine changes to the terms and conditions of advertised access, the

any time and, if necessary, with retroactive effect.

9-A The imposition of the measures to which you rent the preceding paragraph, shall be preceded by

an analysis aimed at assessing their need and the impact of such measures on the

market, and obeys the principle of proportionality.

Article 39.

[...]

1-[...].

2-[...].

3-The ICP-ANACOM may still impose on postal service providers the

access to the elements and services referred to in paragraph 1, setting out the terms and

conditions of access, where this is necessary to ensure the

provision of the universal service.

4-A The imposition of access pursuant to the preceding paragraph shall comply with the provisions of the

n Article 38 (9)

5-[ Previous Article No 3 ].

Article 54.

[...]

1-[...].

2-[...].

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Proposal for Law No. 179 /XII/3.

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3-A decision of the ICP-ANACOM, save in excecional circumstances, must be

prowound within the maximum period of four months from the date of the submission of the

application, without prejudice to the provisions of paragraph 5.

4-[...].

5-In the event of manifest urgency relating to the need to ensure the

provision of the universal service, the decision of the ICP-ANACOM is to be delivered

within a maximum period of 40 days from the date of submission of the application. "

Seen and approved in Council of Ministers of October 3, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs