Postal services are an essential instrument for the development of communication and commerce, actively contributing to the economic and social cohesion of the country.
The postal sector has been an important process of change at the community level, whose completion has taken place with the publication of Directive 97/67/EC of the European Parliament and of the Council of 15 December, concerning common rules for the development of the market of Community postal services and the improvement of the quality of the service. The incorporation of the directive into the Spanish legal system occurred by the law 24/1998, of 13 July, and liberalization of the postal services that also gave the sector legal security which had been flawed by the evident effect of the passage of time had had on the standard which has come to replace the Universal Postal Service , the law of 22 December 1953 of reorganization of the mail.
Law 24/1998, of 13 July, sets a basic and unified regulation of the postal sector in Spain, collecting the regime he has to secure the provision of the universal postal service and ensuring, in this way, the right to the postal communications of all citizens. At the same time, the law recognizes the scope of the sector which is deregulated, setting basic rules that allow the free competition, in order to provide legal certainty to those who act in a market on free competition which, until now, lacked a regulation substantive.
The precise law of regulatory development which delimit the scope of the provision of postal services, rights and obligations of postal operators, as well as the guarantees granted to the users of the services, leaving aside the specific regulations which, on the same basis, have been made in the present different regulatory instruments.
The achievement of these objectives is the present Royal Decree, which approves the regulations of provision of the postal services, pursuant to the mandate contained in the third final provision of forfeiture Law 24/1998, of 13 July.
In addition, the regulations of provision of the postal services, in line with the liberalizing trend driven by the European Union through Directive 97/67/EC and in accordance with the law, collects a series of innovations that help to ensure fair competition among operators of the postal market, without prejudice to the established guarantees respect of the universal postal service operator that mandated their provision.
With respect to the operator which entrusted the provision of the universal postal service, collects the ability of other entities to collaborate with it, through appropriate procedures, assuming in this way different operations of the postal process. Expected, in addition, the establishment of different payment systems to the operator by postal services, these systems include the classics or means of postage. Also contains a detailed definition of postal items that make up the framework of the universal postal service, in accordance with the principles laid down in the law.
Therefore, in compliance with provisions in the third final provision of law 24/1998, of July 13, is given the regulation's provision of the postal services, in development of the aforementioned law 24/1998, of 13 July.
By virtue, after the favourable report from the Postal Advisory Council, on the proposal of the Minister of development, with the prior approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of December 3, 1999, available: single article. Adoption of the regulation.
Approves the regulation's provision of the postal services which is attached as an annex to this Royal Decree, whereby law 24/1998, of July 13, liberalization of the postal services and the Universal Postal Service is partially developed.
First additional provision. Honorary postmen.
Those who stand out for their action in favor of the postal service, may be appointed Honorary postmen, without pay, by the general manager of the public enterprise Correos y Telegrafos.
This appointment shall imply the right to the use of uniform and identification of their correspondence through a personalized stamp printing. The credential that to do so is granted, will be registered in their employment.
Second additional provision. Collaboration with the Fábrica Nacional de Moneda y Timbre-real Casa de la Moneda.
The public enterprise posts and telegraphs and the Fábrica Nacional de Moneda y Timbre-real Casa de la Moneda may establish, through agreements or conventions that may be relevant, regime manufacture of seals of postal and other signs of postage for the exclusive purpose of ensuring the operation of the universal postal service.
Third additional provision. Distribution of postage stamps.
As provided for in article 79 of the regulation shall be without prejudice of the obligation that are members of the network of distributors of tobacco and stamp market the postage stamps in accordance with the provisions of the law 13/1994 of 4 may, management of the market in tobacco and tax legislation and its regulations.
Sole transitional provision. Distribution of postage stamps.
The transitional arrangements applicable in the distribution of postage stamps is that laid down in the third transitional provision of the law 24/1998, of 13 July.
Sole repeal provision. Repealing efficiency.
1 are repealed the following provisions: a) the Decree 1113 / 1960, of 19 may, which approves the Postal Ordinance.
b) the Decree 1653 / 1964, 14 of may, which approves the regulation of the postal services.
c) the Royal Decree 3155/1979, of 21 December, which approves the regulation of national rotation.
d) the Royal Decree 772/1980, 29 February, which regulates the services in rural areas.
e) the Royal Decree 1810 / 1986, of 22 August, whereby the new wording is given to certain articles of the Postal Ordinance and the regulation of the postal services.
2 they shall be repealed, in addition, many provisions of equal or lower rank to oppose provisions of this Royal Decree.
First final provision. Enabling legislation.
The Minister of public works is authorized to enact the provisions necessary for the development and application of the present Royal Decree.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "official bulletin of the State".
Given in Madrid on December 3, 1999.
JUAN CARLOS R.
Development Minister RAFAEL ARIAS-SALGADO MONTALVO annex regulation which regulates the provision of postal services, developing of the law 24/1998, of 13 July, the Universal Postal Service and liberalisation of the postal services postal title I general chapter I General provisions article 1. Nature of postal services.
Postal services are services of general interest which are provided in regime of free competition, with the exception of the reserved services to the operator that the provision of the universal postal service is entrusted. They have only the consideration of public service or are subject to public service obligations, regulated in title III of the law 24/1998, of 13 July, the Universal Postal Service and services of liberalisation of the postal services.
Article 2. Scope and exclusions.
1 pursuant to article 2 of the law of the Universal Postal Service and of liberalization of the postal services, the following postal services will be governed by this Regulation: to) those of collection, admission, classification, treatment, course, transport, distribution and delivery of postal items, with guarantees and modalities that are set in this regulation.
Postal items are those that include objects whose physical and technical specifications allow, at least, their traffic through the public postal network, according to the classification which of them is made in article 13 of this regulation.
(b) the financial, consisting of different modalities of rotation through which are ordered payments to natural or legal persons on behalf and commissioned by others, through the public postal network.
(c) any other services that, analogous to the previous nature, are expressly determined as postal services by the Government, in implementing international agreements that force to Spain.
2 are excluded from the scope of application of this regulation made in regime of self-provision services.
Means that there is services when in the origin and destination of shipments of correspondence the same natural or legal person is, and this service itself or using a subject acting, exclusively, for her, using means other than the operator's provision of universal postal service entrusted with that.
For the purposes of the preceding paragraph, is considered to be in the origin and destination of shipments the same natural or legal person is when the senders and recipients are occupationally related or act in the name and on behalf of the natural or legal person performing the services.
Also in the origin and the destination is considered the same natural or legal person is located, it will be necessary for the transport and delivery of items is performed exclusively between different centres, subsidiaries residences or locations that have the physical or legal person who carries out the self-provision and distribution only occurs inside the footprint of the above places.
Regime of the self-provision, the realization of postal services to third parties, carried out by individuals or legal entities, as a result of the development of their commercial or business activity shall not be considered.
When the self-provision is carried out through the system mailbag or similar procedures, may not include shipments belonging to the reserved area the operator which entrusted the provision of the universal postal service.
In any case, by this regime, may disrupt the services reserved to the operator that the provision of the universal postal service is entrusted.
Article 3. Definition of sender and address for postal purposes.
1 the natural or legal person who comes from the postal item means sender.
For the purpose of determining the origin of a postal item is considered that it is in the postal address listed as forwards, well on the same shipment, or on their packaging.
Of does not contain the sender's address the place of residence of the consignor, in the case of natural persons and its registered office, means origin of shipment in the case of legal persons.
2 the identification of the recipients by name and surname, means address, for postal purposes, whether they are individuals or by the name or business name if it's legal, as well as the address of a domicile or data that persons is provided for in this regulation for the delivery of shipments at the offices of the public postal network.
Chapter II guarantees the users of postal services and limits of the same section 1 guarantees of article 4 users. Concept of user of the postal services.
It will be considered user's postal services, the physical or legal person who benefits from its provision as a sender or an addressee, any that is nature, public or private, operator who pay them and in any case, that has recognized such consideration by law 26/1984 of 19 July, General for the defence of consumers and users.
Article 5. Fundamental guarantees of the users of the postal services.
1. postal operators shall ensure full respect for the secret and inviolability of postal communications, the obligation of data protection and compliance with the requirements established by the sectoral legislation on security of the operation of the network in the field of transport of dangerous substances, protection of the environment and spatial planning.
2 postal operators, in the exercise of the activities of the services, shall ensure that: a) the secrecy and inviolability of postal communications, except for judicial resolution, in the terms laid down in articles 6 and 7 of this regulation.
(b) respect for the honour, personal and family privacy of users and the full exercise of their rights, especially when the postal operator apply techniques and electronic, informatic and telematic, means for the development of its activity and the exercise of its powers.
(c) neutrality and confidentiality of postal services.
(d) the equal treatment to users of postal services which are in a similar position.
(e) the absence of any type of discrimination, especially arising from political, religious or ideological considerations.
Article 6. Secrecy of postal items and data protection.
1. the secret of postal items affects the content of them and implies the absolute prohibition for postal operators and its employees provide any data relating to the existence of the mailing, class, their external circumstances, the identity of the sender and recipient or their addresses, except for request, their legal representatives or guardians or by judicial decision.
In any case, they can be considered covered by the secrecy of communications containers, of any nature, which serve for the transport of postal items.
2. without prejudice to the protection of data of a personal nature, postal operators may use statistical purposes those arising from the provision of postal services, at all times, while safeguarding the privacy of communications.
3. the treatment of the personal data contained in any document with support physical or electronic, derived from the provision of postal services by its operators, will undergo the forecasts contained in the organic law 5/1992 of 29 October, regulation of the automatic processing of Personal data and its implementing rules.
The obligation of data protection shall include the duty of secrecy of personal information, the confidentiality of information transmitted or stored and protection of privacy.
Article 7. Inviolability of postal items.
Postal items are inviolable. It will be in any case violation, against law or arbitrary detention, its intentional abnormal course, its opening, removal, destruction, wrongful retention or concealment and, in general, any act of infidelity in their custody.
Article 8. Property of postal items.
Postal items, while not reaching power of the recipient, will be owned by the sender, who may, on payment of fees or corresponding price, recover them or modify your address, provided that the necessary operations to locate them not interfere with the regular running of the postal service.
Article 9. Right of recovery of shipments and change of mailing address for the sender.
1. Requests for recovery of shipments or modification of the postal address, shall be made always in writing, describing, as far as possible, the external characteristics of the shipping cover. If it is admitted by means of receipt shipments, this must occur also by the sender, to make the request.
2. when delivery of postal items may not be to your recipient or authorized person, having been refused, not retired in the terms that set the postal operator or impossible and been admitted by supporting shelter that it allows to identify the postal address of the sender, the operator can choose between return to this shipment or communicate by any means recognized in law, the specified optional circumstances, having to, in both cases, a maximum period of five days from the date in which such circumstances occur.
In the event that the postal operator chooses to communicate the impossibility of delivery of shipment in the terms established in the preceding paragraph, the sender will have a minimum period of fifteen days to express explicitly if you choose for your recovery or by modification of the postal address. Once the maximum period provided for each operator, unless the consignor has exercised its right, shipment shall be deemed surplus and you shall apply as provided for in article 25 of this regulation, the rules on the deposit of shipments.
This provision shall not apply to shipments indicated in paragraph 5 of article 16.
3. the modification of postal address or return of postal items carried out by mistake attributable to postal operators, will be free.
Article 10. Rights of the user.
Postal operators, in the exercise of the activities of the services, shall guarantee the following rights of the user: to) the protection against risks that may affect their health and safety.
(b) the making available and the dissemination of the information concerning postal services, especially conditions of their provision, the form of access, rates and the system of complaints in order to facilitate the knowledge about its proper use.
(c) compensation for non-compliance in the provision of services, in conditions that are regulated in section 1 of chapter IV of this title.
(d) the use of the official languages in the territory of the autonomous community, in the case of postal services travelling exclusively within its scope.
(e) the service of postal communication within the whole of the national, community and international territory in accordance with the commitments made by the operator.
(f) the quality and availability of the services offered and the shipments included within the scope of the universal postal service.
(g) the identification in shipping, the postal operator or postal operators that are going to make the postal service requested by the user.
Article 11. Rights of the recipient of the mail.
The recipient may request re-delivery of postal items, when he is absent from the town of destination, through the payment of the payment that corresponds. You can also reject them before opening them or examine them inwardly, as determined in this regulation.
In the case of shipments with declared value, the recipient may examine them outside before signing the receipt.
Section 2 limitations of users article 12 guarantees. Intervention of postal items.
1. unless the rights recognized to the consignor in article 9, postal items may only be arrested or intercepted by reasoned ruling of the judicial authority, in accordance with article 579 of the Criminal Procedure Act.
2 the General of communications Secretary of Fomento officials and customs officers may intervene postal items to meet its specific mission.
The scope of this intervention does not affect, in any case, the secrecy and inviolability of the same, limited external recognition, both the documentation accompanying shipments.
3 the officials of the Secretariat General of communication of the Ministry of development nor the customs services can learn the content of postal items, and must respect the right to secrecy, privacy and the inviolability of correspondence. Is excepcionan shipments containing no documents, current and personal as direct mail, books, catalogues, periodicals, as well as postal packages in which appropriate inspection on grounds of public security or public order and has not been highlighted expressly containing objects of a personal nature.
For these purposes, such shipments, must be conditioned so that possible opening and closing to facilitate inspection of its contents.
Shall not be taken to the review of the content of postal items when your form or simple exterior examination deduce accurately the nature of its content.
4. in the case of sending letters containing current and personal communications and postal packages, provided that, in the latter, it has become clear expressly containing objects of a personal nature, will be necessary to obtain the express consent of the sender or, in absence thereof, of the recipient so officials of the Secretariat General of communication of the Ministry of development or the customs services aware of the text or content of the same. Absent the above-mentioned authorization the appropriate court order, can be left while both shipment intercepted in possession of the General Secretariat of communications or custom, respectively, during the period of one month from the date in which such order is sought will be necessary.
The parcels referred to in this section shall condition form that is provided to postal inspection services verification of its contents, without need for the removal of the object.
5. to perform the functions conferred by this article to the General Secretariat of communication of the Ministry of public works, will be competent the Postal Inspection of the dependent services.
6. postal operators subject to the control of the customs services prohibited import and export shipments, as well as which is found to be subject to the payment of fees and compliance with formalities of entry or exit.
When by any postal operator that intervene in the handling or course of shipments, you observe the presence of any from abroad or from points situated in ports francs subject to a customs procedure other than the Peninsula and that, according to the provisions in force, it should be recognised prior to its delivery to the recipient, is recorded by Customs on the cover of one , clearly visible way, the indication: "intervened. To be recognized by the customs service".
Chapter III shipments and postal services section 1 classification of shipments and postal services article 13. Postal items.
1. for the purposes of this regulation, postal shipping means shipping with recipient, prepared in the final form in which it is to be carried by the universal postal service operator.
In any case, are postal items, letters, postcards, parcels, consignments of direct mail, books, catalogues, and periodicals.
2 in the field of application of this regulation, means: to) Letter: all closed shipping whose contents are not listed nor can know as well as any communication materialized in written form on physical media of any kind, that have current and personal character and all those that still do not meet the above requirements, meets the remaining established this regulation for admission pursuant to this modality.
In any case, shall be regarded as letter shipments of receipts, invoices, financial statements and any other messages that are not identical, business documents.
(B) postal card: all rectangular piece of consistent cardboard or similar material, carry the title of postcard, which circulate in the open and that contains a message of current and personal character.
The indication of the end of "postcard" on individual shipments automatically implies this postal sorting, although the corresponding object lacks current and personal text.
(C) parcels: shipments containing any object, product or material, with or without commercial value, whose circulation by the postal network is not prohibited and all consignments which, containing direct mail, books, catalogues, periodicals, meets the remaining requirements set out in this regulation for admission under this modality. When these shipments contain objects of current and personal character, it must manifest itself expressly, on its cover, this circumstance.
They may not constitute package shipping batches or groups of letters or any other kind of current and personal correspondence.
((D) direct advertising: shipment, aimed at the promotion and sale of goods and services, meets in addition the following requirements: to) that is formed by any communication that only consist of announcements, advertising or market studies.
(b) contain a similar message, although the name, address, and any specific identification numbers assigned to their recipients, are different in each case.
(c) that it referred to more than 500 recipients.
(d) that point to the address indicated by the sender in the object itself or on its wrapping.
(e) that its distribution is carried out in open envelope, to facilitate postal inspection.
(f) in its cover figure expression "P. D." to facilitate the identification of these shipments.
Communication combining direct mail with other objects in the same packaging, will have postal consideration which, by its nature, could correspond to the object, regardless of the treatment they receive for the purpose of charging.
(E) books: publications, what ever your support, bound or in fascicles, submitted by publishers, distributors, shops and authorised teaching by correspondence, always should not contain other advertising than that eventually appears on the cover.
The Phonographic and videographic material will have the same treatment as books.
((F) catalogues: shipment, aimed at the promotion and sale of goods and services, meets in addition the following requirements: to) that is made up of any communication containing addresses, points of sale or supply of products.
(b) contain a similar message, even if the name, address and identification number assigned to your recipients are different in each case.
(c) that it referred to more than 500 recipients.
(d) that point to the address indicated by the sender in the object itself or on its wrapping.
(e) that its distribution is carried out in open envelope, to facilitate postal inspection.
(f) in its cover figure legend "catalogs", to facilitate the identification of these shipments.
Communications that combine our catalog with another object in the same packaging, will have postal consideration which, by its nature, could correspond to the object regardless of the treatment they receive for the purpose of charging.
(G) periodic publications: objects that are published periodically, with the same title repeated in each issue and whose text or content is opinion or diverse nature, distinguished by the variety of statements, works, information or news.
Article 14. Postal services.
1. in accordance with the guarantees granted to the shipping, postal services are classified in: services of General shipments, services of certified shipments and shipments with declared value.
(a) General shipping services are those for which the corresponding postal operator does not give more shipping guarantees than those offered in General that, in any case, shall be, as a minimum, referred to in this regulation for all postal items. Such shipments are entrusted to the operator, without mediate receipt supporting individual of each of such submissions identifying the postal address of the sender and the recipient or, where appropriate, comprehensive document of several numbered shipments stating such data.
(b) they are shipping services certificates, upon payment of a predetermined amount to so much elevation, establishing a fixed guarantee against risks of loss, theft or damage and providing to the sender, where appropriate upon request, proof of deposit of postal shipment or delivery to the recipient.
(c) they are services of shipments with declared value that ensure these by the value declared by the sender in the event of loss, theft or damage.
2. for basic or supplementary benefits involved, the services can be:
(a) ordinary, when shipments are entrusted to the postal operator concerned for the realization of a postal service under conditions and regular quality preset by the postal operator.
(b) fast, when the service, in addition to their greater speed and security in the collection, distribution and delivery of shipments, is characterized by some or all of the following additional benefits: guaranteed delivery on a specific date; pick up at the point of origin; turnkey delivery to the addressee; immediate possibility of change of destination or recipient; confirmation to the sender of the receipt of your shipment; monitoring, tracking and tracing of shipments; personalized service to customers and provision of on-demand services, as and when requested by the user.
Services of collection, admission, classification, delivery, treatment, course, transport and distribution of InterCity and cross-border shipments, certified or not, the letters and postcards, provided that their weight is equal to or less than 350 grams, not may be considered in this category when the price actually charged by them is not, at least five times higher than the amount of the corresponding public fee for regular shipments of objects from the first scale of weight of the fastest standard category.
((c) special, whether it's services that provide benefits of specific nature, other than pick-ups in paragraph b) of this section, such as against services refund where the delivery to the recipient occurs prior payment of the refundable amount, or those subject to additional rights for hosting special facilities offered by the postal operator to be used discretionally by the users.
3 in any of the cases provided for in the preceding paragraphs, the operations of the postal service as a whole are as follows: to) pick up: is the operation consisting of removing postal items deposited at access points to the postal network of the operator. Access points are physical facilities, especially the mailboxes available to the public both in public and in local public or on the premises of the service provider, where customers can deposit mailings for access to the network.
(b) admission: consists of the receipt by the postal operator of shipping that is committed by the sender for the realization of comprehensive postal process and who is responsible in the terms provided for in this regulation.
(c) classification: includes all operations whose purpose is the management of postal items, according to criteria of the operational postal.
(d) treatment: is the set of auxiliary operations performed with postal items supported by the operator intended to prepare them for subsequent postal operations.
(e) course: is the operation or operations that allow the routing of postal items.
(f) transport: is the transfer by any means of mailings to its final distribution point.
(g) distribution: is any operation performed on the premises of the fate of the postal operator where the postage immediately prior to its final delivery to the recipient of the same has been transported.
(h) delivery: is the distribution of shipments in the postal address therein contained, with the exceptions provided for in this regulation.
Necessary corresponding enabling titles granting purposes, each of these operations is likely to constitute, by itself, a postal service.
Section 2 objects forbidden as mail article 15. Concept.
Objects prohibited as postal items, those whose movement is not allowed for reasons of safety, public health, protection of the universal postal service and general utility will be considered.
Article 16. Enumeration.
In accordance with the principles set forth in the preceding article, the following objects may not be included in any kind of postal items: 1. products subject to reservation system and not provided authorization for circular by the postal network.
2. the opium and its derivatives, cocaine and other narcotic and psychotropic substances, unless sent accompanied by official authorization and medicinal purposes.
3 shipments whose wrapper or cover contains texts or pictures that violate any of the fundamental rights of the person.
4. shipments of weapons, as established in the Royal Decree 137/1993, of 29 January, which approves the regulation of weapons.
5. explosive, flammable substances and other dangerous, except perishable biological, exchanged between laboratories officially recognized, and the radioactive deposited by duly authorised consignors.
For these purposes, are considered to be materials or radioactive substances which exceed the limits established by the law on nuclear energy and on transport of dangerous goods, and it will be mandatory that your transfer and packaging, met the provisions of the Act 25/1964, Nuclear energy, of Royal Decree 53/1992, of 24 January, health protection against ionizing radiation , of the rules governing the transport of dangerous goods and the other specific legislation that is explainable.
(6) live animals, be in possession of a special authorization or be exchanged between officially recognized institutions.
(7) the objects whose traffic is constitutive of the crime.
8. the objects whose nature or packing can cause hazard to the employees of the postal operators that manipulate them or cause damage to other consignments.
9. the objects whose admission or circulation is prohibited in the country to which they intended.
10. the objects whose circulation is prohibited in Spain, pursuant to the regulations in force.
11 which is determined in international conventions to which Spain is a signatory party.
Article 17. Items subject to reservation and narcotic drugs.
Authorization to that referred to in paragraphs 1 and 2 of the preceding article so that they can be admitted to the movement by the postal network, products subject to reservation and narcotic drugs, regime must be expended by the entity that holds the exclusive right of distribution in the first case, by a health authority official in the second ((, being necessary in the case of paragraphs 5) and 6) authorization from the competent authorities, and shall be filed, in duplicate, in the office of deposit of the postal operator. One of the copies of the authorization shall be filed in that office, accompanying the second shipping for your file in the destination.
Article 18. Checking the contents of shipments.
1 when it is suspect rationally that a submission presented at the office of admission of the postal operator contains some object whose circulation by the postal network is prohibited or which does not conform to the content declared on the envelope or cover, when it is mandatory, will be invited to the sender to open it, and if this does not happen it will be denied admission. Similar procedure shall be followed, as soon as possible, with objects placed in mailboxes.
2. when postal operators have founded suspicion that some already accepted shipments can not circulate through the postal network or otherwise subjected to requirements that are not met, proceed as indicated in the preceding paragraph, if not I would have left still source, sending it, in another case, apart from others, to the office of destination. This office will be notified the recipient such circumstance, in order to proceed as described in the previous section and, if it refuses to open, it will not be delivered and will be transfer of the fact to the Secretariat General of communication of the Ministry of development to resolve on the treatment that it be given to shipping.
Article 19. Procedure to be followed with respect to the prohibited items.
1 when postal operators to warn the presence of prohibited objects, shall, as appropriate, in the form as described below: a) if it is of any of the objects listed in paragraphs 1, 2 and 10 of article 16, the procedure established by the relevant regulations will be followed.
(b) the submissions referred to in paragraph 6 of article 16 if they contain harmful animals, shall be communicated to the authority that it corresponds.
(c) the objects related to paragraph 4, article 16 shall be delivered to the Civil Guard.
(d) when they are detected objects listed in paragraph 5 of article 16 will communicate to the competent authority or its agents, who must, in each case, determine the procedure to be followed in accordance with the regulations.
(e) the prohibited objects, especially those listed in paragraphs 2, 3, 4, 5 and 7 of article 16, which constitutes criminal matter, will be sent to the competent judicial authority or its agents.
2 circulation prohibited items for which a specific treatment is not set in the previous section will be returned to the office of origin, which shall then give notice to the sender remove them within the regulatory time limits. Not removed timely shipments will be considered as leftovers, the same as the unknown sender.
3. the postal operator that has proceeded with objects of circulation prohibited in any of the mentioned in the preceding paragraphs, inform, if required, to the sender and to the competent authority.
Chapter IV liability of the operators for the provision of postal services
Section 1 complaint and resolution of disputes arising between operators and users article 20. Conflict resolution procedures.
1 users can address your claim to the arbitration boards of consumption, in the terms established in the regulations governing them, within a month from the response of the operator or from the expiry of the deadline to respond.
2. in the event that do not opt for the procedure in the previous section, users of postal services may be made claims about performance, liability for damages or any other issue that may arise in connection with the provision of the service. To this end, these should be sent to any of the commercial offices of the corresponding operator, within the period of four months from the date of acceptance of the shipment. For fast service, this period shall be a minimum of twenty days, extendable by the free will of the parties. Made the claim, if the sender had not obtained satisfactory response from the operator in within a month, you can go to the procedures as described in the following paragraphs.
For the above purposes, postal operators must enable a system allowing to confirm the identity of the operator, as well as the date that is responsible for the shipping.
3 for the course of services included in the scope of the universal postal service, if no claim has been submitted to the arbitration boards, the user may contact, within the period of one month from the response of the operator or the expiry of the deadline to respond, to the General Secretariat of communications which, once made the appropriate procedures It will issue a resolution on the issue. The material requirements of this resolution and its eventual challenge shall be governed by the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in the wording given to this by the law 4/1999, of 13 January, modification of that.
The resolution will exhaust the administrative and contentious-administrative appeal may be brought against it.
Article 21. Responsibility for postal operators for provision of postal services.
1. in General, postal operators will respond to the user for breach of the conditions for the provision of postal services, in the cases and conditions provided for in this regulation. This responsibility will be made in the appropriate compensation.
2. without prejudice to the provisions of the preceding paragraph, postal operators will respond to its users in the case of non-compliance with the conditions they offered.
Appropriate compensation, in the event of non-compliance, shall be equal, at least, to the amount paid by the user by way of postal service requested, being compensated the sender or, in their absence or upon request, the recipient.
Article 22. Responsibility for loss, destruction or damage of postal items postal operators.
1. postal operators are obliged to compensate, except for reasons of force majeure or for reasons attributable to the customs services, loss, destruction or deterioration of certified mailings that entrusted them to your circulation.
They are entitled to the shipment or, failing Sender compensation or request, the recipient.
2 except for reasons of force majeure, in the event of loss of a shipment with declared value paid as such, postal operators are required to pay compensation, at least the declared amount, without prejudice to other claims for compensation to the sender or, upon request, to the recipient.
In the event of total or partial destruction of the content, compensation shall be equal, at least, to the amount declared in the first case and the value of the content gone in the second, while you can, in no case exceeded the amount established for the total disappearance.
Refunded the amount of the declared values not delivered to their recipients, postal operators be surrogated in all rights of the owner, who shall be required to give account of the nature of values, as well as the circumstances that can facilitate the exercise of their rights.
Section 2 resolution of disputes between postal operators article 23. Dispute resolution.
The resolution of the disputes referred to in article 5.3 of the law 24/1998, arising between the operator which entrusted the provision of the universal postal service and other postal operators that carry out services falling within the scope of that shall be responsible to the General Secretariat of communications.
Chapter V procedures of deposit and destruction of postal items article 24. Impossibility of delivery of postal items.
1. When is the delivery to home or office of postal items unable to perform is to your recipient or authorized person, having been refused or have not been removed those, in the terms that set the postal operator, and concerned of any type or form of admitted sending via proof receipt that identifies the sender's postal address shall be as set out in article 9 of this regulation.
2. when the delivery of regular shipments in house locker, home, office or other similar means of delivery to not take effect, among other reasons, for being unknown recipient, having died without leaving heirs, or have been absent without leave signs, will proceed, without delay, to return them to the sender, provided that this data will be recorded in shipments.
In this regard, if delivery cannot be carried out nor the sender will be considered shipments as leftovers.
3. for the above purposes, the users of postal services shall indicate, clearly and without erasures, or overwriting the full postal address of the sender as recipient, all shipments, being required to do so where they have guarantees of certified or declared value, except for shipments addressed to literary or artistic contests that may enter the user ID of the sender, provided the actual data contained in the office of admission of such shipments.
4. postal operators be entered on the reverse side of shipments, of any kind or form, the cause of the impossibility of delivery, and must sign such circumstance the responsible employee.
5. when a postal operator return to sender a shipment of any kind and type, without be true the definition given cause to justify the lack of delivery to the addressee, and this circumstance is proven, you repay the sender compensation, at least to the amount paid by the postal service requested, without prejudice to the responsibilities that come with.
Article 25. Storage and destruction of postal items.
1. postal operators remain in deposit those shipments which, for the reasons provided for in the preceding article, have been considered as surplus.
In General, postal items declared surplus will remain on deposit for a maximum period of six months, counting from that Declaration, and can the sender, recipient or those who subrogate in their rights recover such shipments, subject to verification of your identity and payment of the rights of storage that apply to you.
After this time, shall be considered expired.
2 will be the destruction of those shipments without declared value that have been considered expired, ensuring, in any case, the secrecy of communications, in accordance with the provisions of this regulation and under the supervision of the General Secretariat of communication of the Ministry of development.
3. postal shipments with declared value that could not be returned shall be kept for three years at the disposal of people who consider themselves entitled to them and, after this time, will be alienated.
Your product will be used to cover the costs arising from the deposit of such shipments, subjecting the rest to provisions in the Civil Code and the law of heritage of the State for abandoned personal property.
In any case, be guaranteed the secrecy of communications.
Title II chapter I General provisions article 26 public service obligations. Public service.
1. providers of postal services for which required singular administrative authorisation, in accordance with the provisions of the law 24/1998, of July 13, and the operator which entrusted the provision of the universal postal service will be subject to the fulfilment of the obligations of public service that the aforementioned law 24/1998.
2 a these effects, there are the following categories of public service obligations: to) the universal postal service obligations.
(b) other public service obligations imposed for reasons of general interest, in accordance with the provisions of the aforementioned law 24/1998.
3. the control of the fulfillment of the obligations of public service corresponds to the Ministry of public works, through the General Secretariat of communications.
Chapter II public service obligations of the operator that is entrusted with the provision of the universal postal service section 1 provision of the universal postal service article 27. Universal postal service.
1. it is understood by universal postal service the whole of postal services on a permanent basis, in accordance with the parameters established in the Act and this regulation, throughout the national territory and at an affordable price for all users.
2 a the purposes of this article, the following services are included within the scope of the universal postal service: to) turn service.
((B) the regular provision of national and cross-border postal services for postal items that incorporate an address indicated by the sender on the object itself or its packaging may be: to) letters and postcards containing communications written in any medium, of up to 2 kg in weight.
(b) parcels, with or without commercial value, of up to 10 kg of weight.
(c) the national and cross-border shipments of direct advertising of books, catalogues, periodicals and the other whose circulation is not prohibited, when shipment is made as a letter or parcel post for up to 2 and 10 kg, respectively.
3 each service integrated in the universal postal service will include the following features: a) the collection, admission, classification, treatment, course, transport, distribution and delivery of letters and post cards of up to 2 kg in weight.
(b) the collection, admission, classification, treatment, course, transport, distribution and delivery of postal packets weighing not more than 10 kg.
(((c) services of certified shipping and shipping declared value, accessories than those laid down in paragraphs a) and b) of this section.
For the above purposes, the minimum amount by which it will ensure a shipment with declared value will be 1,000 pesetas, being the maximum of 500,000 pesetas, not the Declaration of value may exceed the actual value of the contents of the shipment.
Likewise, the maximum compensable amount in case of loss, theft or deterioration of certified shipments will be 5,000 pesetas.
Article 28. General terms and conditions.
1 operator which entrusted the provision of the universal postal service is required, with respect to the services included in it, to be done, every working day and not less than five days per week, except for circumstances or exceptional geographical conditions, which must assess the General communications Secretariat, on request reasoned by the provider of the service: to) a collection on access points , as they are available to the public mailboxes installed on the public highway, premises or other facilities.
(b) a distribution and delivery to the address of each natural or legal person with the exceptions provided for in article 37 of this regulation.
Operator which entrusted the provision of the universal postal service can stop services included in that field to any public or private entity that is not familiar with payment of the economic benefits derived from the same, except that the mailings are presented to franked admission by seals, stamps issued by automatic distributors installed in their offices or impressions of franking up to the limit to the previously paid load machines , provided that such circumstance has been duly informed to the interested party fifteen days in advance.
2 operator which entrusted the provision of the universal postal service must provide sufficiently accurate and up-to-date information on the services falling within the scope of the universal service and, in particular, of the conditions of access, prices and quality, as well as the guarantees required and the procedure for claims, and must inform the General Secretariat of communications mode in which public such information will be made.
This obligation of information will reach the standards, affecting postal services made by the European Committee for standardisation, annually they have been published in the "Official Journal of the European communities", provided this is necessary for the interests of the users, and especially when affecting the conditions of access to the services, prices or quality level.
The minimum content of the right to information shall be established by order of the Ministry of public works.
3. the operator which entrusted the provision of the universal postal service is required to establish, for the users of the postal services, internal grievance procedures that are transparent, simple, free, which resolve disputes equitably, within a maximum period of one month, in particular for cases of loss, damage or theft of postal items and standards of quality and must be communicated to the General Secretariat of communications, which may introduce modifications deems appropriate in order to ensure the referral procedures.
4 operator which entrusted the provision of the universal postal service is required, especially, a: to) offer to the users of the postal services are in a comparable position to the same treatment and benefits identical.
(b)) providing the service, without any discrimination, among users who are in similar conditions.
(c) not to interrupt or suspend the service, except in cases of force majeure.
(d) adapt to technical, economic and social demands.
(e) comply with the obligations arising from the adoption by the Government of the Plan's provision of the service Postal Universal.
Article 29. Admission. General rules.
1 operator he entrusted the provision of the universal postal service shall be obliged, with respect to the services that make up this area to admit all postal consignments, which tank is carried out in a way that is determined in the following articles and provided that fulfilled the rate or corresponding price.
2. in those towns or nuclei of homes not served by an office of the operator which entrusted the provision of postal service uni-versal, the admission of these mailings may be made by staff of the House deal, at the time making this, for which purpose it will inform the neighbors of these nuclei of the usual time step of the staff.
3. the minimum and maximum dimensions of postal items permissible in the public postal network, that are within the scope of the universal postal service, shall be those laid down in the rules which incorporated into Spanish law those adopted by the Universal Postal Union.
Article 30. Deposit in mailboxes.
Postal items that do not require issuance of proof of your admission receipt, provided that the dimensions permitted and have previously been franked may be deposited in mailboxes.
Mailboxes have, in place, on the information referring to the weekly calendar and collection schedules.
Article 31. Admission applications, writings and communications citizens or entities directing bodies of public administrations.
Requests, writing and communications to citizens or institutions addressed to the organs of public administration, through the operator that is entrusted with the provision of the universal postal service, will be presented in open envelope, so that at the top of the first sheet of the document that you want to send, become noted, clearly the name of the office and the date, place, hour and minute of its admission. These circumstances must appear on the proof receipt of admission. The sender may also require to make note the circumstances of the shipment, upon comparison of their identity with the original, on the first page of the copy, photocopy or other reproduction of the main document you want to send, that it must be provided as a form of receipt proving that presentation before the competent administrative authority.
Practiced the indicated proceedings, own sender close the envelope, and the employee shall execute and submit the receipt of admission, whose matrix filed at the office.
Shipments accepted by the operator to which is entrusted the provision of the universal postal service, according to the formalities laid down in this article, shall be deemed duly presented to the expected impacts in article 38 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in its implementing regulations.
Article 32. Delivery of postal items. General rules.
1 postal items must be delivered to the recipient listed in the shipping address or the person authorized in the address of the same, in home lockers, in p.o. boxes, in office, and anywhere else that is determined in this regulation or by order of the Ministry of public works.
They shall be authorized by the addressee to receive mailings, do not contain express prohibition, the adults present at home who are their relatives or maintain a relationship of dependency or cohabitation with him.
The recipient or authorized person who take care of the postage will have to identify their personality, to the employee of the postal operator that made the delivery, through display of their national identity, passport, driving licence or residence, except for notorious knowledge of the same card.
The recipient or authorized person may refuse the postage at the time of delivery in the following cases: to) before opening the case of letter or package.
(b) before reading it or examine it internally if it is another kind of shipments). C.o.d. shipments, except where authorized by the sender expressly on the same cover.
If the recipient of a certificate object could not or did not know signing, a witness, duly identified will do so instead.
In any case, the employee of the postal operator that made the delivery may be affixed his signature as a witness.
Shipment shall be deemed delivered when it is performed as specified in this regulation.
2. delivery shall be made at the address of the recipient, in the terms laid down in this regulation.
Home, for the purposes of this regulation, means the set of geographic data enabling identification of the place of delivery of shipments. The following elements compose it: to) type and description of the right-of-way: name that identifies the street, Avenue, road or highway or others.
(b) number of the farm: which has been assigned by the Council of the locality within the existing in public.
(c) housing or local data: identify the building's shape inox in the registration in the land registry.
(d) number of postal home box then the letters "CD".
(e) location: name of the population.
(f) postal code: the one assigned to each postal address.
The constituent elements of the postal address may be replaced by other data when delivery is carried out at the offices of the public postal network or the natural or legal persons concluding another form of delivery with the operator to which the provision of the universal postal service is entrusted.
3. as an alternative to home delivery, may deviate the correspondence addressed to the users who wish to receive it by this system when expressly so request.
4. be delivered in office correspondence addressed to that unit or one that by absence or other cause, had not been able to deliver at home. Deadlines of permanence in that office shall be determined by the operator which entrusted the provision of the universal postal service.
Article 33. Delivery of postal items at home.
All postal items falling within the scope of the universal service must be delivered at the address stating at the postal address.
In the case of consignments certified or declared value, only may surrender, against receipt, to the respective recipients or the authorized person, being understood that persons referred to in article 32.1 of the present regulation are authorised.
Article 34. Delivery of postal items by lockers home deposit.
1. the delivery of regular mail will receive at home lockers installed to the effect where its dimensions permit it.
Lockers should meet the necessary characteristics that guarantee the property, secrecy and inviolability of postal items and shall comply with standard features that set technical standards applicable in the postal sector, in accordance with Directive 97/67/EC at each time.
2. in those buildings subject to the horizontal property regime delivery in home lockers can be provided that its number is equal to the premises and homes susceptible to independent use, with a marked with the number 1 and reserved for postal returns.
Home lockers must be numbered, starting from the number 2, and must be placed consecutively count from left to right and top to bottom, sorted by floors and doors. These data must indicate in the box, and can also include the names and surnames of residents in the housing or the company name in case of a legal person being the owner of the premises or dwelling.
The block or blocks of home lockers will be installed in an easily accessible place that is well lit and has sufficient guarantees of protection against handling illegal, and must be fitted or fixed to the wall so that they can not be transferred from place and are placed at a height that allows comfortable use.
If the operator which entrusted the provision of the universal postal service, or any other postal operators, had knowledge of the existence of properties that didn't have lockers home, this circumstance will be communicated to the corresponding community of neighbors, to take appropriate measures for installation, warning them that, meanwhile, delivery of shipments aimed at its neighbors will take place in the post office that corresponds.
3. in the properties that are single family or local industrial or commercial independent houses, delivery may be in a household box located near the first gate input or above it, in such a way that it allows the deposit of shipments from the public road, and which must include the name of street and number, or other identifying data of the address postal as the name of the estate or polygon and the number of plot, and may also include the names and surnames of residents in the housing or corporate name, in case of a legal person being the owner of the premises or dwelling.
Article 35. Delivery of postal items in sections.
Operator which entrusted the provision of the universal postal service may establish sections for the delivery of postal items to physical, legal, public or private persons.
The rest of postal operators may establish also paragraphs postcards in its dependencies for postal items which do not belong to the scope of reservation of the operator to which the provision of the universal postal service is entrusted.
Paragraph of shipments will be in lockers and, for justified reasons of volume, density of mailings, or the nature of them, inside the offices.
Postal items away in the interior of the offices will be delivered to the owner of the section or person expressly authorized.
Article 36. Delivery of postal items in office.
Senders can address mail to a particular post office, which will be delivered to the addressee prior identification of his personality.
In addition, all consignments which, absence or other cause, not has been delivered to the addressee or authorized person at home, communicating its existence through notice of arrival in the home box, without prejudice to the provisions of section 2 of this chapter will be delivered in office.
Article 37. Delivered in concentrated pluridomiciliarios lockers or others of a similar nature.
In the cases of isolated houses and farms, field of great development of construction and minimum density of population, as well as when there are exceptional geographical circumstances, the General Secretariat of communications may establish specific conditions that facilitate the delivery of regular shipments in these fields.
As long as these conditions are not established, the universal postal service provider operator can submit shipments targeting recipients affected in the post office, after communication to the General Secretariat of communications and, in any case, upon notice to the addressee of this circumstance in his own home and stating the nearest office and schedule that can be removed.
Article 38. Special delivery of postal items.
Postal items addressed to deceased persons will be delivered to your heirs or to those who have the management of heritage, justified the quality of such, except those that have the nature of a letter, in which case it will be deposited at the office of destination. From this office, if possible, will be sent inquiry to the sender so that it authorizes delivery to the heirs or opt for their recovery.
Postal items directed to merchants in bankruptcy or persons declared in insolvency proceedings, will be delivered to the trustees or persons designated for this purpose by the competent authority.
Postal items directed to military units or similar bodies will be given, except that mediate express opposition of the recipients of the shipments to persons formally authorized to take care of them the responsibility of those who have authorized them. In the case of prisons, will apply the specific rules and regulations governing them.
Ordinary postal items directed to clients or residents of hotels, pensions, schools and other similar establishments may be submitted, except that mediate express opposition of recipients thereof, the person authorized therein for your reception.
Certified postal items addressed to clients or residents of establishments referred to in the preceding paragraph may, if authorization express of the recipient thereof, be delivered to the same person authorized for receipt of ordinary postal items in the respective establishments.
Ordinary postal items may surrender to goalkeepers, officers or managers of the respective complexes or buildings, whenever not mediate express opposition of recipients thereof. In the event that in the case of certified mail, must mediate authorization from recipients so that they can be delivered by the employee of the postal operator in the above mentioned people.
2nd admission and delivery of notifications of administrative and judicial bodies article 39 section. Reliable nature of the notification.
The delivery of notifications of administrative and judicial bodies taken by the operator to which entrusted the provision of the universal postal service will be effect the irrefutable evidence of due receipt, notwithstanding that other operators performed this type of notifications in the non-reserved area, whose effects are governed by the rules of private law.
Article 40. Admission notifications of administrative and judicial bodies.
The admission of notifications by the operator which entrusted the provision of the universal postal service requires that in the shipment record, the word "Notification", and, under it, and in characters of a smaller size, the Act to which it relates (subpoena, requirement, resolution) and the indication "Record No..." or any other expression that identifies the event to notify.
These shipments shall be accompanied by the supporting document of your admission.
Article 41. General provisions on the delivery of notifications.
1. the requirements for the delivery of notifications, in terms of time and form, must adapt to the demands of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in the wording given by the law 4/1999 of 13 January, modification of that without prejudice to the provisions of the following articles.
2 when he is carried out the notification in the domicile of the interested party, and this not been present at the time of giving such notice, any person who is at home and gives their identity may be responsible for it.
3 shall indicate the date, identity, number of national document of identity or document replacing it and signature of the applicant or person who can take care of the notification in the terms provided for in the preceding paragraph, in the documentation of the employee of the postal operator and, where appropriate, notice of receipt that accompany such notification, notice in which the postal operator employee it shall your signature and ID number.
Article 42. Assumptions of notifications with two delivery attempts.
1. If attempted notification in the domicile of the interested party, no one could have the same charge, shall contain this end in the documentation of the employee of the postal operator and, where appropriate, in the notice of receipt to accompany the notification, together with the day and time that was attempted the same, try to that it will be repeated only once and in a different within three days time.
2. If practiced the second attempt, this is fruitless for the same cause listed in the preceding paragraph or by knowledge caused some of those provided for in the following article will indicate that end in the timely documentation of the employee of the postal operator and, where appropriate, in the notice of receipt to accompany the notification, together with the day and the hour in which the second attempt was made.
3 once the two unsuccessful attempts, the operator that the provision of the universal postal service is entrusted must be deposited in list notifications, during the period of one month, to whose purpose will be to leave the arrival notice recipient in the corresponding home box, having recorded therein, as well as dependence and time of permanence in the notification list , the circumstances expressed the second delivery attempt. Such notice shall be ordinary.
4. If while in residence the person who may receive notification, refuses to accept it and to demonstrate in writing such circumstance with their signature, identification and date in the documentation of the employee of the postal operator, means that he does not want to take care of it, stating it this end expressed documentation from the employee of the postal operator and where appropriate, in the notice of receipt to accompany the notification, together with the day and time that was attempted the same, try to be repeated only once and in a different time within three days.
5. If practiced the second attempt, this is fruitless for the same cause listed in the preceding paragraph or by knowledge caused some of those provided for in the following article will indicate that end in the timely documentation of the employee of the postal operator and, where appropriate, in the notice of receipt to accompany the notification, together with the day and the hour in which the second attempt was made. From this moment on, the notification will have the same treatment that may have been rehusadas or rejected.
6. in all the cases referred to in the preceding paragraphs, the postal operator employee it shall your signature and ID number in the notice of receipt that, if appropriate, accompany the notification and notice of arrival if it proceeds.
Article 43. Assumptions of notifications with a delivery attempt.
Not proceed a second delivery attempt in the following cases: to) that the notification is refused or rejected by the person concerned or his representative, and must certify this circumstance in writing with your signature, identification and date, in the documentation of the employee of the postal operator.
(b) that the notification has an incorrect address.
(c) that the recipient of the notification is unknown.
(d) that the recipient of the notification has died.
(e) any cause of similar nature to those expressed, which is objectively unfair the second delivery attempt.
In the cases referred to above, the employee of the postal operator shall keep the relevant documentation of the cause of non-delivery, date and time of the same circumstances that are to be indicated in the notice of receipt that, if appropriate, accompany the notification, notice that said employee of the postal operator shall keep your signature and ID number.
Article 44. Delivery of notifications to individuals and public bodies.
1. in the event of delivery of notifications to individuals and public bodies, the rules for admission and delivery of notifications in the preceding articles, with the peculiarities established in this article shall be respected.
2. delivery of notifications to legal persons will be held the representative of these, Alternatively, an employee of the same, stating in the documentation of the employee of the postal operator and, where appropriate, in the notice of receipt to accompany the notification, identity, signature and date of notification, stamping, also the seal of the company.
3. the delivery of notifications to public bodies will take place an employee thereof, stating in the documentation of the employee of the postal operator and, where appropriate, in the notice of receipt to accompany the notification, identity, signature and date of notification, stamping, also the seal of the public body.
They can also surrender in the general register of the public body concerned, sufficing, in this case, the printing of the corresponding entry stamp in the documents cited in the previous paragraph.
Section 3 article 45 quality standards. Delivery times.
1. the provision of the universal postal service, established criteria of regularity, will require compliance with the means of delivery deadlines, measured from end to end, according to the formula D+n, where "D" is the date of deposit and "n" number of working days that pass from that date until its delivery to the recipient. Also they should meet the standards of regularity which are set out in the following paragraph.
For these purposes, end-to-end delivery time is elapsing from the date of deposit at the point of access to the network until the date of delivery to the addressee.
The date of deposit to be taken into account will be the same day that the shipment is deposited or is imposed by the giro, in the case of financial services, provided that the deposit is made before the last hour of collection designated for the access point to the network in question. When the deposit is made after this time limit, the date of deposit to be taken into account will be the next collection day.
2 deadlines means delivery time and regularity, at the national level standards, will be: to) for letters and postcards, a period of D+3, which must comply, as a minimum, to 90 per 100 of these shipments. This compliance shall be 98 per 100 shipments in the period D+5.
(b) for postal packages up to 10 kg in weight, a period of D+3 in 50 by 100, as a minimum, shipments and D+5 in 75 by 100.
(c) for turns, the term will be D+3 in a 75 by 100 and D+5 in a 95 by 100.
3 sets a threshold of tolerance allowing the diversion of up to 5 per 100 in the rates fixed for the different delivery times.
Effects arising from a deviation exceeding the mentioned minorarán the amount of the supplementary financing of the State in the form and conditions laid down in the delivery Plan of the Universal Postal Service.
Deviating by more than 10 per 100 in the rates fixed for the delivery times will determine the threshold of non-compliance, whose effect must be taken into account for the purposes of offences and penalties.
4. the percentages referred to in the preceding paragraph may be reviewed and updated by order.
5. in intra-Community cross-border services, deadlines will be set by Community legislation. While these terms are not altered, they shall be those established by Directive 97/67/EC, of the Parliament and of the Council of 15 December, concerning common rules for the development of the market of Community postal services and the improvement of the quality of the service, these being, in relation to the mid-term delivery time of the fastest standard category , of D+3 on a 85 per 100 and D+5 in a 97 per 100.
Article 46. Attention to the user.
1. the regularity in the provision of the universal postal service will involve, in addition to the established in the previous article, an appropriate attention to the user, which will be measured by means of an index. This index on the average ordinary care time inform the user, in the offices and warehouses of the universal postal service provider.
2. the degree of reliability of the postal services will be determined, also attending the annual percentage of complaints made to the General Secretariat of communications, under the procedure provided for in the third paragraph of article 20 of this regulation, submitted by the users of the services included in the universal postal service provided by the operator to which such provision is entrusted , out of the total of those presented to the operator, within the scope of the universal service.
Article 47. Assessment of the quality of the universal postal service.
1. the Plan for the provision of the service Postal Universal, provided for in article 20 of the law 24/1998, of July 13, will include quality commitments, in particular those referred to the delivery times, regularity and reliability of services required the operator to which is entrusted the provision of the service universal postal, on the terms laid down in this regulation.
These commitments can be disaggregated in the fields of urban, intraprovincial and interprovincial, respecting, in any case, the global set out in this regulation.
2. the quality control of the performance, which will correspond to the General Secretariat of communications, as a regulatory body, shall be made, at least once a year and independently, by external entities without any link with the operator of the universal postal service, under standard conditions, in accordance with Directive 97/67/EC. The results will appear in published reports, at least once a year and will be put at the disposal of the Council Adviser post.
3. the Ministry of public works, through the General Secretariat of communications, may establish exceptions to the standards of quality when exceptional situations due to infrastructure or geography so warrant.
The operator to which the provision of the universal postal service is entrusted shall communicate to the General Secretariat of communications such exceptions for approval.
4 failure to comply with the quality standards contained in this section, provided that the results are not duly justified to the General Secretariat of communications, will result, in the terms established in article 46, in reductions in the annual amount of public funding of the universal postal service, in accordance with the formulas that are established for this purpose in the delivery Plan of the Universal Postal Service referred to in the law 24/1998, of July 13, and the terms set forth by the law and the sanctions that apply in accordance with title V of the aforementioned law 24/1998.
Section 4 public postal network article 48. Public postal network.
1 in accordance with article 23 of the law 24/1998, of July 13, refers to public postal network all the media of all kinds used by the operator to which the presentation of the universal postal service, allowing entrusted with: a) the collection, admission and the classification of postal services covered by a universal service obligation , from access points throughout the territory of the State.
((b) treatment, the course and the transport of shipments from the point of access to the postal network to the distribution center, and c) distribution and delivery, in the direction indicated on the shipping.
A_efectos_de the provisions of paragraph a) of this section, shall be considered as access points to the public postal network physical facilities where users can deposit their mailings to your circulation by it. The delivery Plan of the Universal Postal Service will determine access points and the frequency of collection, as well as the circumstances or exceptional geographical conditions of a general nature which may affect that frequency.
2. is guaranteed access to the public postal network to all users and, where appropriate, to postal operators to impose universal service obligations, in terms of transparency, objectivity and non-discrimination.
Postal operators other than those referred to in the preceding paragraph shall be negotiated with the operator to which the provision of universal postal service entrusted with the conditions of access to the public postal network, in accordance with the principles of transparency, non-discrimination and objectivity.
In any case, the conditions of access to the public postal network and their negotiation process should avoid any type of agreement, decision or collective recommendation, or concerted or consciously parallel practices which aims, produces or can produce the effect of prevent, restrict or distort competition in whole or in part of the Spanish postal market.
Article 49. Extension of the network.
The operator which entrusted the provision of the universal postal service must ensure the provision of postal services of quality on an ongoing basis throughout the national territory, ensuring its comprehensive coverage through fixed offices or, in those distant, disseminated population areas, or with limited access to urban centres, through the systems provided for in this regulation or , using mobile services, where appropriate.
You will have, in addition, a network of postal mailboxes that ensure accessibility to the universal postal service, making a collection at access points every weekday and, as a minimum, five days a week, with the exceptions provided for in this regulation.
Initially the global extension of the network is the currently existing, and it may be modified in accordance with the delivery Plan of the Universal Postal Service.
Chapter III other article 50 public service obligations. Other public service obligations.
In addition to the obligations contained in this chapter and in the former, the Government may impose on the operator to which the provision of universal postal service, other public service obligations other than those laid down in chapter II of title III of the law 24/1998, of July 13, entrusted to ensure the adequate provision of him and when so require it reasons of general interest social or territorial cohesion improves the quality of education and civil protection, or when it is necessary to safeguard the normal development of the electoral process, in accordance with the provisions of the regulations governing the general electoral regime.
Chapter IV collaboration with other entities with the operator to which entrusted the provision of the universal postal service article 51. General terms and conditions.
1 operator he entrusted the provision of the universal postal service can provide, exceptionally and by reason of service, one or more of the operations of its business, through collaboration with other entities enabled to this effect, which may, where appropriate, acting on behalf and for the account of the same. Such operations shall be accessory character with respect to the activity attributed to the operator.
For the purposes of the preceding paragraph, means that these operations have accessory character only when they are related to the collection, treatment, classification or transport.
2. the relationship between the operator which entrusted the provision of the universal postal service and their collaborations will be regulated by the rules of private law.
3. the selection of the partners will be held according to the quoted operator needs in order to best benefit from the universal postal service, which may be these selected among entities that fulfil the sufficient conditions of technical and organizational capacity to be determined by the same.
The selection of the partners must avoid, in any case, any agreement, decision or recommendation, collective, or concerted or consciously parallel practice that aims, produces or can produce the effect of prevent, restrict or distort competition in whole or in part of the Spanish postal market.
4 it shall be notified to the General Secretariat of communications, for its proper record and for the purpose of inspection, a comprehensive relationship of partners, of any kind, of the operator to which the provision of the universal postal service is entrusted.
Article 52. The use of distinctive signs.
If the conditions of the provision by the collaborators so require, they may use the "Post", as well as any other sign identifying the operator he entrusted with the provision of the universal postal service or the nature of the services it provides, in the terms and conditions established in the regulation that applies , in each case.
Chapter V financial article 53 postal service. Money order service.
1. the service of twist, whose provision reserves, on an exclusive basis, the operator which are responsible for the provision of the universal postal service, is the one whereby payments are ordered to natural or legal persons on behalf and commissioned by others, through the public postal network.
This service implies the delivery to the consignee or the authorized person of the economic amount in the direction indicated, in his case, admitting his running various qualities, according to the forms of delivery.
2. phases of the management of the service process will be carried out, necessarily, through the public postal network, notwithstanding that, for technical reasons, the implementation of one or more of the above phases is contracted with third parties.
The selection of the partners must avoid, in any case, any agreement, decision or recommendation, collective, or concerted or consciously parallel practice that aims, produces or can produce the effect of prevent, restrict or distort competition in whole or in part of the Spanish postal market.
3. the operator which are responsible for the provision of the universal postal service may carry out, by itself or through third parties, other financial services whose nature store similarity with the activities regulated by this chapter and which contributes to a better performance of the functions of the operator.
Article 54. Way of provision.
1 service will be held all offices of the public postal network authorized operator which entrusted the provision of the universal postal service, which shall also determine the limitations that apply, both in the provision of the service as in the amount subject to turns, according to the category of offices belonging to the aforementioned public postal network.
2. the impositions and payments shall be made in bills and coins of legal tender, check made of or by any other means admitted in law to be determined.
3. the operator to which the provision of the universal postal service is entrusted may agree special modalities of admission and delivery for money orders imposed by agencies and public or private entities, which are directed at fixed intervals and in large number, to addressees resident in postal demarcation of the paying office.
4 turns can be placed with notice of receipt and carry text or message, upon payment by the sender of the corresponding economic consideration.
Article 55. Guarantees and term for payment.
1 operator he entrusted the provision of the universal postal service guarantee the quantities delivered to be studied by the giro service.
2. the term for the payment of overdrafts destination ends the 25th of the month following the imposition of or skillful, if that is a holiday back. If the payment may not be made, be returning to the consignor at the end of this period, remaining in the office paying corresponding to the postal address of the sender of the giro until the 25th of the following month.
3 money orders returned to their senders and not paid by these within the period referred to in the preceding paragraph shall be declared surplus on the expiry of these time limits, leaving their amounts in deposit enabled to this effect by the operator that the provision of the universal postal service, entrusted at the disposal of the sender or his legitimate successors in title, for a period of two years from the date of imposition.
4 turning from shipping taxed with refund have not been able to pay the recipient will remain in the corresponding to the address of that office until the 25th of the month following the date of its formalization, or the further business if it was festive, date from which will be of application as provided in the preceding paragraph to the so-called money returned to their senders.
5. the amounts of spins whose withdrawal period has expired in accordance with paragraphs 3 and 4 above and that, after two years from the day of its imposition, they had been unclaimed by the sender or recipient, will remain in deposit of the operator that is entrusted with the provision of the universal postal service will prescribe where within the time limits set out in article 46 of the General Law on budgetary.
Article 56. Procedure for payment.
1. in General, turns have to be paid to the own recipient or person authorized in writing.
Because of the special amounts of spins and recipients that are aimed, the General Secretariat of communications may establish specific rules for delivery.
It will not occur a giro payment number when the judicial authority has ordered its suspension or ban.
2 If you had tried the payment at home and this could not be done, for whatever reason, a notice will be left to the recipient which indicate the office which can make effective the turn.
Article 57. Property and complaints procedure.
1. the amount of spins is owned by the sender while not reaching power of the recipient, by which one may request retrieval or modification of the postal address until the payment has been made to accrue the corresponding right to economic compensation to the operator which entrusted the provision of the universal postal service.
2 be claimed the amount of turns during the period of two years from the date of imposition, upon display of the corresponding receipt.
3. only reports may provide to the sender or recipient of spins, their legal representatives or guardians, or the competent judicial authority, keeping professional secrecy in other cases.
Article 58. Operating procedures.
Corresponds to the operator that the provision of the service entrusted with universal postal issue instructions governing the operating procedures for the provision of the service of rotation in accordance with the provisions of this chapter.
Title III payment systems the operator he entrusted with the provision of the universal postal service chapter I General provisions article 59. General principles.
1. the postage is one of the forms of payment of postal services to the operator that is entrusted with the provision of the universal postal service consisting of the payment of the fee or price matching to apply to a mailing to your circulation by the public postal network.
2 postal services that pay the operator which entrusted the provision of the universal postal service shall pay, by systems of postage which are designated and the alternative to them means of payment, by any other means of payment accepted in law, in the case of services not included among the reserved, without prejudice to the provisions in article 60.3.
3. the unique postage systems and permissible alternative means of payment will be referred to in this regulation.
4 postal items international duly franked in the country of origin will have free circulation by the Spanish territory, in accordance with the regulations of the Universal Postal Union.
5. the Ministry of public works, through the General Secretariat of communications, shall ensure that the management of payment systems referred to in this title are applied with objective and non-discriminatory criteria avoiding abuses with users he entrusted the provision of the universal postal service operator.
Article 60. Payment systems.
1. without prejudice to the provisions of the law 24/1998, of July 13, the payment of postal services that pay the operator which entrusted the provision of the universal postal service may be by any of the following systems of postage: stamps of emails, envelopes, cards and cartas-sobre with seals or previously printed signs.
2 they are alternative systems of postage payment methods, impressions of franking of postage stamps issued by automatic distributors installed by the operator which entrusted the provision of the universal postal service postage deferred payment machines, postage in destination and the prepayment.
3. for services not included in the reserved field shall be admissible, in addition, any other means of payment accepted in law.
Chapter II section 1 article 61 postage systems payment systems. Postage stamps.
1. the postage stamp has to be able to view the amount of postage in the amount that is recorded in the same.
2. postage, using stamps, will require its incorporation to the deck of the shipment in question, adhering whenever it is possible, in a single horizontal row, in the upper-right corner of it containing the address.
On the side of the direction of shipments only may accede postage stamps or labels service, but never vignettes or volunteer experience, advertising labels or any other kind, unless granted by the operator which entrusted the provision of the universal postal service.
Bullets or volunteer experience, advertising, and similar tags not may include the words "Spain" or "Mail", or any indication concerning the value or otherwise that may lead to confusion with any element of postage.
Article 62. Other previously-printed logos or seals.
They will serve as postage, provided that they are officially issued, seals or distinctive signs that are built into the cover of the postal item, being the sale of cover (envelopes, cards and cartas-sobre) and the realization of postage carried out simultaneously.
Article 63. Emission of signs of postage.
The emission of signs of postage, understanding these postage stamps, both ordinary and memorials, as well as envelopes, cards and the cartas-sobre on labels previously printed will be proposed by the operator to which the provision of universal postal service authorized, entrusted jointly by the ministries of economy and finance and development.
For this purpose, the emissions will accommodate what the Secretary-general's communications and the Deputy Minister of economy and finance have, by joint resolution.
Only the signs of postage that meet the conditions set forth in this joint resolution shall be considered as corresponding to a legal issue.
Likewise, the aforementioned resolution may establish the maximum payout of validity of postage signs involving relevant emissions which will have as effect the loss of discharge power of those and their consequent revocation.
Without prejudice to the provisions of the preceding paragraph, by joint decision of the Secretary general of communications and the Deputy Minister of economy and finance, on request of the operator to which the provision of universal postal service, entrusted with may establish the loss of the power view of the signs of postage and, therefore, its shelf life, if resolutions of which brings cause the corresponding mission not contained foresight in this regard.
The operator to which the provision of the universal postal service is entrusted shall keep a register of all emissions of signs of postage unless otherwise agreed, in order to inform the public about the legality and validity of which appear in mailings deposited at their premises.
Signs of postage will be made by the supplier to be determined by the operator which entrusted the provision of the universal postal service.
Section 2 alternative payment systems article 64. Alternative means of payment.
1 postal items carried out through the network of the operator to which the provision of the universal postal service is entrusted can circulate with other means of payment alternative to postage, which include impressions of franking machines, postage stamps, postage deferred payment, postage in destination and the prepayment.
The implementation of these systems of payment alternative for the purposes of postage for the services included in the universal postal service must be communicated, by the quoted operator, the Ministry of public works, through the General Secretariat of communications. Also, will be communicated any change introduced in the development and implementation of these systems of payment, procedures in so far as they affect the universal postal service.
2. the approval by the operator that is entrusted with the provision of the universal postal service for the use, where appropriate, of any of these payment methods alternative to public or private entities and individuals shall be justified by technical, operational or commercial reasons that benefit the provision of postal services by the. These same reasons, along with the breach of the terms or instructions set out in the authorization, will encourage the withdrawal of it.
Article 65. Impressions of franking machines.
The postage of postal items can be, instead of seals or simultaneously with them, through impressions or prints made with machines of franking of models authorized by the operator to which the provision of the universal postal service is entrusted.
Dies, cards okay, warranty seals or other means of control of use of the machine will be made by the supplier to be determined by the operator which entrusted the provision of the universal postal service.
In the case of objects whose dimensions do not allow printing or direct printing, this may be obtained on a label or girdle showing printed the name and address of the sender and the recipient, and that will adhere in its entirety to the respective submissions. This procedure not may, in any case, apply to insured mail.
Article 66. Postage stamps.
Postage stamps will reflect the value of the rate or price demanded by the provision of the service in question, adhering to cover shipments in terms that set the operator which entrusted the provision of the universal postal service.
Article 67. Postage deferred payment.
Prior contract with the shipper, consigned shipments with an identification of this means of payment, leading to payment of the corresponding service in the time, place and conditions that set the operator to which the provision of the universal postal service is entrusted.
Based on its peculiarities, this system may accept various forms of payment, such as the postage paid, concluded and others to be determined by the operator.
Article 68. Postage in destination.
In the cases and with the requirements and conditions that determine the operator which entrusted the provision of the universal postal service, the payment for the provision of the corresponding service may be not in origin, but in destination.
Article 69. Prepaid.
Prepaid system that envelopes or packages containing postal items incorporate price or rate of postal delivery.
Section 3 other means of payment of postal services article 70. Other means of payment.
For services not included in the reserved field to the operator that the universal postal service is entrusted, may establish any other means of payment accepted in law.
Chapter III permits for postage through machines article 71. Authorizations.
Operator which entrusted the provision of the universal postal service may authorize to public or private entities and physical persons the use of franking when advisable due to technical, operational or commercial reasons that benefit the provision of postal services by the machines.
Article 72. Procedure.
1. the entities or individuals wishing to be authorized for the use of franking machines must request, in writing, to the organ which is determined by the operator to which the provision of universal postal service, entrusted with the use of this site.
2. the operator to which the provision of the universal postal service is entrusted shall answer such request within the period of two months from receipt of the same, understanding is denied in the absence of reply.
Article 73. Content.
1. the authorization granted by the operator to which the provision of universal postal service entrusted with no attributes other rights determined by the use of the machine in the terms set out in the authorization and instructions to the operator that the provision of the universal postal service is entrusted.
2. both the authorization and the machine may not be transferred or transmitted to another person other than the authorized.
3. the entity or natural person authorized for the use of the machine be liable for any damages produced both the franking machine which was provided to them by the misuse postage effected, through it.
Article 74. Reversal.
Authorisations for use of franking machines may be revoked, at any time, without any compensation, without prejudice to the application of the provisions of article 77 of the regulation, when he entrusted the provision of the universal postal service operator to appreciate any breach of the terms or instructions referred to in paragraph first the former article 73. Once issued the revocation of the authorization Act dies must be reinstated to the operator that is entrusted with the provision of the universal postal service within ten days of and this will, if applicable, refund of the total or partial amount of the guarantee.
Article 75. Guarantees of use.
To ensure the proper use of Machine franking operator which entrusted the provision of the universal postal service will be able: to) require adequate security to indemnify the damages that may result from the improper use of the machine.
(b) access to the physical location where the same for purposes of checking its correct use is located.
(c) establish appropriate control mechanisms to ensure its proper use on the machine.
Chapter IV irregularities relating to postage article 76. Insufficient postage.
Postal items destined to circulate throughout the country entering the public postal network without postage or with insufficient postage must be paid insufficient postage, as a minimum, twice as such failure, which will be satisfied by the sender or recipient, as appropriate.
Not franked mailings or with insufficient postage to be destined or that come from abroad will be les applied international standards.
When it is deemed that insufficient postage is abusive or intentionally by the plurality and frequency of poorly franked consignments made by a same sender will not study destination, and can be of application the infringement established in article 41.2. j) of law 24/1998, of July 13, liberalization of the postal services and the Universal Postal Service or ((, failing, in the articles 41.3. ª) or 41.4. c) of the same legal text.
The forecasts collected throughout this article will apply to shipments whose payment has been made, both through postage systems and through alternative payment methods of impressions of franking stamps and postage pre-paid, whose value is not enough machines.
Article 77. Infringements of postage.
Franked mail with stamps or false or expired signs applies to them as provided in the preceding article for the so-called failure of postage and, where appropriate, the provisions of paragraph h) of article 41.2 of the law 24/1998, of July 13, without prejudice to the penalties of another order that could correspond to them according to the legislation in force.
Chapter V distribution of means of postage item 78. Exclusive right of distribution.
Operator to which the provision of universal postal service entrusted with holds, by virtue of the provisions of article 19.2 of the law 24/1998, the exclusive right to the distribution of the postage stamps and other postage referred to in the following paragraph, and can be made the sale to the retail, through the public postal network or through third parties in the terms provided for in this regulation , without prejudice to the provisions of the third transitional provision of law 24/1998.
The operator to which the provision of the universal postal service is entrusted also holds the right to the exclusive use of the name "Post", the term "Spain", or any other sign identifying the operator or that identifies the nature of the services that, within its scope, it provides.
Article 79. Distribution of seals or other means of postage.
The operator to which the provision of the universal postal service is entrusted to sell all the payment systems of the services included in the scope of the universal postal service, provided that those susceptible of retail distribution, both through the different parts that make up their public postal network, and through offices of third parties with which the corresponding contract concluded.