Postal Act (2010:1045)

Original Language Title: Postlag (2010:1045)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1045

Chapter 1. Introductory provisions



The scope of the law



paragraph 1 of this law provides for postal activities and

universal postal service.



Definitions



section 2 of this Act means



user: any natural or legal person who, as

of senders or recipients benefit from a postal service

is provided,



Letter: an item addressed enclosed envelope

or different cover and weighing up to 2 kg, and postcards,

postcards and similar items,



undeliverable mail: a letter



1. cannot be delivered to the consignee,



2. is ofrankerat or insufficiently stamped, or



3. has been returned from a postförvaltning or a

promotional items companies abroad to the company

who promoted the letter from Sweden,



postal item: an item addressed who weighs no more than 20

kg and handed in the final form in which it should

carried by a postal service provider,



postal code system: a system of number series for

Messenger purposes is used to divide the country into

postal code areas,



postal activities: regular collection, sorting, transport

and delivery of letters against payment,



postal services: the clearance, sorting, transport and distribution of

postal items in return for payment.



universal postal service: a postal service that is to be found in

across the country, which is of good quality, and that means that all

users can receive mail and reasonable

rates of promotion can deliver such shipments.



Chapter 2. Postal operations



Permit to conduct postal activity



section 1 Permits under this Act is required to conduct

postal activity. Authorisation shall be granted only if the applicant can

likely to engage in postal operations as specified

in section 6.



section 2 of the questions on the State review by the authority

the Government (licensing authority).



paragraph 3 of the licensing authority shall, on application, notify

rulings on whether the necessary authorisation pursuant to paragraph 1 of the

for a given activity. An advance ruling will remain in effect for the

time and under the conditions laid down in the remainder

the announcement.



Permit conditions



section 4 authorisation pursuant to paragraph 1 to conduct postal activity shall

be subject to conditions if the obligation of the holder to



1. in a certain way fulfil the conditions laid down in paragraph 6,



2. provide all or part of the universal

postal service pursuant to Chapter 3. § 1 and a certain way of fulfilling

What is provided in Chapter 3. section 2,



3. publish annually data on the number of complaints and

how the complaints have been handled,



4. in the activities take into account the needs of persons with

disabilities can be of special postal services, and



5. consider the Swedish defence needs of postal services under the height

preparedness.



The Government or the authority that the Government may

provide for the conditions of the permit.



paragraph 5 of the licence conditions shall apply for a defined period of time and may

be notified when permission is granted, in connection with

to the period of validity of a previously announced the condition runs

or when there are special reasons otherwise.



Licence conditions may be amended during the current conditional period

only under the proviso in an announced condition, or since

the licensee acknowledged this and then other

licence holders whose business is directly affected by the change

has given an opportunity to be heard.



General requirements on the postal activity, etc.



section 6 of the postal activity shall be conducted so that it meets

reasonable standards of reliability and so that the protection of

senders ' and recipients ' personal integrity

is maintained.



7 § loss of letters, damage to or delay of mail

gives the sender the right to compensation from the

Messenger company only if it has been agreed between

the company and the sender.



section 8 Government or authority the Government determines

may provide whether and to what extent it should

evidenced by a letter to who has promoted it.



Undeliverable messages



§ 9 an undeliverable letter should if possible be sent back

to the sender. If the sender's address is not known,

the letter shall be sent to the licensing authority. However, this does

not postcards, postcards and similar items are not

enclosed in the envelope or other wrapper.



10 § an undeliverable letter is enclosed in an envelope or

different cover may be opened only by the licensing authority and

only if the cover has no such information about the sender as

enables message can be sent back to him.



section 11 of an undeliverable messages that have been opened may not be examined

closer than needed for it to be sent back

to the sender. If the recipient, but not the sender,

of the contents of the letter, the letter is sent to the recipient.



12 § opened the letter which remains undelivered,

kept by the licensing authority.



Storage duration is determined by the authority. Content that

do not tolerate storage or consisting of printed matter, flyers

or similar which can be assumed to be devoid of value immediately

be destroyed.



section 13, an open letter which has not been disclosed will accrue to

State at the storage period. Written communications

must be immediately destroyed.



Content other than valid Swedish payment shall be sold

If it is appropriate and a sale not likely to offend

someone's personal integrity. Otherwise, the content

be destroyed.



Content that cannot be sold and, therefore, should be destroyed, in

rather than go to a charity, unless it can

be assumed to violate someone's privacy.



Professional secrecy, etc.



section 14 of the postal activity have been part of or access

to any of the particulars referred to in 1 to 3 shall not

improperly disclose or make use of what he or she thereby

have been told. The information covered by the obligation of professional secrecy

is



1. data relating to a particular letter carried in

activities,



2. other information relating to an individual's relationship with the

activities with regard to the advancement of letters, or



3. information relating to detain or seize

shipments by 27. the code of judicial procedure.



Professional secrecy referred to in the first subparagraph 1 and 2 do not apply in

relationship of the sender and the receiver of the message.



For information about an individual's address is valid

professional secrecy only if it can be assumed that a disclosure of

the address would be dangerous for someone exposed to

abuse or other serious but.



15 § the operator of postal activity and has a part of or

access to the information referred to in paragraph 14, first paragraph, of

request, provide the information



1. If an individual's address, telephone number or place of work to

an authority in a particular case, such a task

for the purpose of service according to the procedural law (2010:1932), if

authority finds that it can be assumed that it sought

the service keeps getting away, or that it is otherwise

serious reasons,



2. If an individual's address to the enforcement authority if

the authority needs information in executive business and

authority is satisfied that the assignment is essential for

any proceedings,



3. If an individual's address of the tax office where the work requires

the task in the activities related to the control of the tax or fee

or in the investigation of the right place as civil status matters

the Civil Registry Act (1991:481) and the agency finds that the task

is essential for any proceedings,



4. If an individual's address to the insurance fund or

The pension agency if these need the task for the control of

the right to compensation and the authority in question finds that

the task is essential for examining an

case.



The operator of postal activity shall, as specified in

the first paragraph, on request, also provide information relating to

suspicion of offence to the public prosecutor's Office, Police or

any other authority that has to take action against the crime, if it

for the crime is not provided for the more lenient penalty than imprisonment in

two years. Law (2014:746).



16 §/expires U: 2016-05-01/

The operator of postal activity under this Act shall

Despite section 14, assist the customs service at control of

postal item pursuant to the Customs Act (2000:1281), or the law

(1996:701) about Swedish Customs ' powers at the Swedish border with

another country in the European Union. However, this does

only control relating to suspicion of drug crimes.



16 section/entry into force: 2016-05-01/

The operator of postal activity under this Act shall, notwithstanding section 14 to assist customs in the control of postal item pursuant to the Customs Act (2016:253) or Act (1996:701) about Swedish Customs ' powers at the Swedish border with another country within the European Union. This applies, however, only control relating to suspicion of drug crimes.

Law (2016:284).



section 17 of the public activities, publicity and

secrecy (2009:400) shall apply instead of the 14 and 15

§§.



For disclosure of other personal data in postal activity than that

referred to in paragraph 14 of the first and third paragraphs apply

personal data Act (1998:204).



section 18 of the regulations on accountability for those who violate

professional secrecy in accordance with this Act, see Chapter 20. paragraph 3 of the

the Penal Code.



Chapter 3. Universal postal services and other postal services



The scope of the universal postal service



Article 1 of The universal postal service must comply with the requirements

to



1. it every working day and not less than five days a week, except

in circumstances or geographical conditions

licensing authority deems to constitute grounds for exemption, should


be made at least one collection and at least one dividend of

postal items,



2. handling and drop-off points will be located as closely to

users ' needs are taken into account,



3. the rules on routing times are respected, which

communicated by the Government or the authority that the Government

determines,



4. it shall be possible to ensure postal consignments and to

get the receipt from the recipient that a postal item has

received,



5. individual postal items shall be promoted to the uniform

rates, and



6. the conditions of service should be widely available.



The Government or the authority that the Government may

provide for what services should be included in the

universal postal service, and requiring the

Routing times.



Way of derogation from the first subparagraph 1 shall be notified to the European

the Commission and the national regulatory authorities in

The European Union.



Pricing and accounting



section 2 of the pricing of the universal postal service

be transparent, non-discriminatory and

cost-oriented, and promote effective

the provision of the service.



For those designated to provide all or part of the

the universal postal service is in addition to what

specified in the first subparagraph to



1. the internal accounts must have different accounts in order to

clearly distinguish between services and products which are part of the

universal postal service, and those that do not,



2. the internal accounts, except as provided for in 1,

be set up in accordance with European Parliament and

Council Directive 97/67/EC of 15 december 1997 on

common rules for the development of the internal

market of Community postal services and the improvement of quality of

services, as last amended by European Parliament and Council

Directive 2008/6/EC, and



3. business annually shall be provided for

the licensing authority in accordance with Directive 97/67/EC.



If the person designated to provide all or part of the

universal postal service applies special rates

and other specific terms and conditions apply, in addition to what is stated in

first paragraph, that pricing and associated conditions

shall be transparent and non-discriminatory.



The licensing authority may, in accordance with article 14(8) of

Directive 97/67/EC may decide to derogate from the requirements of other

paragraph.



The Government or the authority that the Government may

provide for the requirements of first to third subparagraphs.



section 3 of the Government may provide for the rates for

services included in the postal activity, covered by the

universal postal service may not exceed certain

levels.



Access to universal postal services and other

postal services



section 4 of the access to the universal postal service

be ensured through procurement if necessary with

into account the cost of providing the service.



section 5 of the Government or the authority, as the Government determines

should continuously monitor progress on the postal area, and

Subscribe to postal services meet the needs of society and to

the proper functioning of the universal postal service of good

quality is available to all users.



Chapter 4. Common provisions on the postal activity and

universal postal service, etc.



Postcode system



(1) there shall be a postcode system in the country. Government

or the authority that the Government shall designate a

licensees providing postal services that also

provide and manage the postal code system.



section 2 of the provider and manages postal code system

is obliged to, upon request from other licensees

assign them postal box plants within the

postal code areas for which they are requesting.



The licensing authority may, in individual cases to decide on exceptions

from the first subparagraph, whether an assignment of a requested

zip code to a considerable extent would complicate that

postcode system is utilized appropriately.



section 3 of the provider and manages postal code system

shall not, without the approval of the change in

the system unless the change only affects the individual recipients.

The licensing authority shall, in such cases, hear other

holder, the authorities responsible for the population register

and the land registry and the municipalities concerned.



A change to the postal code system may be implemented at the earliest six

months after the authorising authority approved it. If

There are special reasons, the authority may decide to

the change may be implemented earlier.



section 4 of the Other licence holders than the providing and

manages the postal code system, in licensing authority

request a change in the system.



If there are special reasons, the licensing authority may decide

that the requested amendment should be made. Licensing authority shall

before deciding on the amendment told the provider

and manages postal code system, other licensees,

the authorities responsible for the population register and

the land registry and the municipalities concerned.



Installations for the post handover



paragraph 5 of The licence holders shall ensure that it is possible to

postal items weighing up to 2 kg and promoted by

other license holders can access the facilities for

post handover to the recipient that the first

the licensee holds. The conditions for this must be

equitable and competitively neutral, and non-discriminatory in

compared to what the licensee applies for his or her own

activity.



After sending



section 6 of The licence holders shall, at the request of another

licence holders ensure that postal items weighing up to

2 kg can be forwarded to addresses located outside the

Licensee's distribution area. The conditions for this to

be equitable and competitively neutral, and non-

discriminatory in relation to what the licensee

apply for their own activities.



International postal



section 7 A Messenger company may participate in the

international postal cooperation within the framework of the

World Postal treaties, if



1. your company has a business and organization

ensure that in an acceptable way can perform

international transportation,



2. the company applies the provisions of the treaties, and



3. the Government accepted that the company may participate in such a

cooperation.



section 8 of the cross-border mail transport that takes place within the framework

for world record treaties may only stamps that have

portovärdet given in Arabic numerals and letter

Sweden used. These stamps may be issued only by a

Messenger undertakings referred to in paragraph 7.



The other porto indications than those stamps referred to in

the first subparagraph and used in cross-border

Whereas within the framework of world postal treaties, shall be

stamped by, or with consent of, a

Messenger undertakings referred to in paragraph 7.



Postal operations in the war, etc.



section 9 Is Sweden in war or war danger or there is such

extraordinary circumstances because it's war

outside Sweden or that Sweden has been in

war or war danger, the Government announce the regulations

If the Government needed to take account of the country's defense

or security in General.



The Government or the authority that the Government may

provide for planning and other measures

needed in peacetime to meet national defense needs of

communications under such conditions as are specified in the

the first paragraph.



Complaint handling



section 10 licence holders shall establish procedures for

the handling of users ' complaints. These procedures shall

be transparent and fair and be

fast and cause reasonable processing charges.



11 § The designated to provide all or part of the

the universal postal service should publish annually

data on the number of complaints and how the complaints have

treated.



section 12 of the Government or the authority, as the Government determines

may provide for complaint handling and

publication of information concerning the complaint under 10 and 11

§§.



Supervision



paragraph 13 of the licensing authority shall have the supervision of compliance with

of this Act and of the regulations and licence conditions

has been issued with the support of the law.



section 14 of the licensing authority shall have the right to request the

information and documents needed for supervision.



Licensing authority shall also have the right to have access to the

areas, rooms and other areas where activities are

supervision is carried out. This right of access does not include

housing.



Licensing authority shall have the right to enforcement of

Enforcement authority of the decision relating to the action for

the supervision referred to in the first and second subparagraphs. Then comes

the provisions of the enforcement code on the execution of

obligations which do not relate to the obligation to pay or

eviction.



15 § 3.30 in supervising pay special

attention to the agreement between the

licence holders to ensure that



1. the postal items weighing up to 2 kg

licensees promotes reaches other holder

facilities for postal delivery to the recipients,



2. after sending of postal items weighing up to 2 kg and

promoted by a holder, can be made to the addresses

located outside the licensee's distribution area,

and



3. the rules in Chapter 3. section 2 of the third paragraph, that

pricing and related terms will be open for


transparency and non-discrimination in the application of specific

rates and other special conditions are complied with.



Dispute arises about the agreements referred to in the first subparagraph,

licensing authority shall promptly investigate the relationships

and, if special reasons do not speak for others, mediating between the

the parties. The authority may in such a dispute be heard on

the request of a party.



section 16 of the licensing authority shall notify the injunctions

needed to this Act or the regulations, or

the licence conditions have been issued by virtue of law,

be followed.



section 17 of the licensing authority shall submit to the

postal activity without a permit under this Act to an end

with the business. The licensing authority may decide how

liquidation of the business.



It is uncertain whether a particular activity constitutes the postal activity

under this Act, the licensing authority may submit to the

conducts activities to provide the information if

activities necessary to assess whether that is the case.



The provisions of section 14 of the second and third subparagraphs shall apply

even in the case of decisions on measures under this section.



section 18 of the Injunctions and prohibitions under this Act may be subject

with a penalty.



section 19 has anyone has been ordered to pay an administrative fine pursuant to

Chapter 3. paragraph 5 of the Competition Act (2008:579) or sentenced to

pay a penalty pursuant to Chapter 6. paragraph 2 of the same law, the penalties pursuant to section 18 of the

This law will not be sentenced for the same procedure.



section 20 of the licensing authority may revoke an authorisation to

conduct postal activity if



1. the licensee fails to fulfil the obligations imposed on

This law or by regulations or licence conditions

issued by virtue of law,



2. the licensee shall have not engaged in postal activity during

the last six months,



3. the holder of the authorization requests it, or



4. the licensee shall have been declared bankrupt.



If there is sufficient, the licensing authority in a case

referred to in the first subparagraph 1 notify alert instead of

to revoke the licence.



If the authorization is revoked the licensing authority may decide

how the business will be wound up.



A withdrawal decision may be subject to prohibition

continue operations.



Fees



section 21 of the Government or the authority, as the Government determines

may provide for the obligation of the operator

delivery service or applying for an authorisation to conduct such

business or applying for an advance ruling pursuant to Chapter 2. paragraph 3 of the

to pay the fee for the business

According to this law.



Appeal



section 22 of The decision in question referred to in paragraph 3 of the

may not be appealed. The decision in General

under this Act, or pursuant to regulations issued by

the support of the law may be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



The decision under this Act or under the

regulations issued under the Act shall apply

immediately.



Transitional provisions



2016:284



1. this law shall enter into force on 1 June 2015.



2. Older provisions still apply for commenced before entry into force.