REPUBLIC OF LITHUANIA
LAW
AMENDING THE POSTAL LAW
8 November 2012 No XI-2379
Vilnius
Article 1. Revised Version of the Republic of Lithuania Postal Law
The Republic of Lithuania Postal Law shall be amended and set forth to read as follows:
Article 1. Purpose, Scope and Objectives of the Law
1. This Law shall regulate the activity of postal service provision, the institutional framework for postal policy making and regulation of the provision of postal services, the rights and duties of the providers and users of postal services, liability of postal service providers and compensation for damage.
Article 2. Principles of Regulation of the Provision of Postal Services
The provision of postal services shall be regulated by the principles of freedom of postal service provision, fair competition and accessibility of the universal postal service to all users.
Article 3. Definitions
2. Terminal due shall mean the remuneration of a universal service provider for the clearance, distribution, transport and delivery of incoming cross-border postal item.
4. Cash-on-delivery postal item shall mean a postal item handed over to the addressee against payment to a postal service provider of an amount specified by the sender.
5. Insured postal item shall mean a postal item in the event of damage or loss whereof the compensation of up to the value declared by the sender shall be paid.
6. Item of correspondence shall mean a postal item consisting of a notice inscribed on any physical medium, including small packages, to be dispatched and delivered at the address of the addressee indicated therein. Books, catalogues, newspapers and other periodicals shall not be considered items of correspondence.
8. Means of postal prepayment shall mean a valid postage stamp, souvenir sheet, envelope, postcard (plain postcard), and aerogramme with pre-printed stamps, impressions of franking machines and special approved prepayment impressions of the Republic of Lithuania.
10. Postal service provider shall mean a citizen of the Republic of Lithuania or another Member State, another natural person or a legal person or any other organisation established in the Republic of Lithuania or in another Member State, also division thereof, providing the postal service.
11. Access point shall mean a part of the postal network, including letter boxes provided for the public either on a public highway or at the premises of a postal service provider. This shall be the location where senders of postal items may deposit the items with the postal network, and the addressees may collect the same.
12. Postal item shall mean an addressed and ready to be sent item, including items of correspondence, postal parcels, items containing books, catalogues, newspapers and other periodicals, which is to be delivered by a postal service provider.
13. Postal parcel shall mean a postal item of up to 50 kg containing an article (articles) or merchandise with or without commercial value.
14. Postal network shall mean the totality of elements and other means of the postal infrastructure used for the provision of the postal service.
15. Delivery of periodicals to subscribers in rural residential areas shall mean receipt of newspapers and magazines, except for periodicals categorised as erotic and/or violent and those with more than 50 percent of the text consisting of advertising, from publishers, distribution and handing in to subscribers in rural residential areas.
16. Delivery shall mean the totality of actions performed from sorting of postal items to handing in of them to addressees through the postal network, including the handing in in person with acknowledgement of receipt.
17. Registered postal item shall mean a postal item provided with a guarantee against risks of loss, theft or damage thereof through the fault of a postal service provider as provided in the present Law or the agreement with the sender. Upon request, the sender shall be supplied with proof of the delivery of the postal item in person with acknowledgement of receipt.
18. Sorting shall mean the totality of actions performed in respect of postal items from the receipt thereof at the sorting venue to the submission of the items for transportation or delivery – sorting according to different criteria of delivery.
19. Sender shall mean a person indicated on a postal item. Where the sender is not indicated on the postal item, the sender shall be considered the person who submits the postal item to the postal service provider to be delivered to the addressee.
20. Clearance shall mean the actions of a postal service provider resulting in receipt of postal items in the postal network.
22. Universal postal service shall mean a postal service of the quality established by legal acts that for an affordable fee is to be provided to all users willing to be provided with such a service on the entire territory of the Republic of Lithuania.
23. Universal postal service provider shall mean a postal service provider authorised by the Government of the Republic of Lithuanian (hereinafter: the ‘Government’) to provide the universal postal service on the territory of the Republic of Lithuania.
24. Member State means a Member State of the European Union or a state of the European Economic Area.
25. Other definitions used for the purpose of the present Law shall be interpreted as defined in the Parcel Post Regulations and the Letter Post Regulations of the Universal Postal Union, the Law of the Republic of Lithuania on Provision of Information to the Public, the Law of the Republic of Lithuania on Territorial Administrative Units and their Boundaries, the Law of the Republic of Lithuania on Public Administration (hereinafter: the ‘Public Administration Law’), the Law of the Republic of Lithuania on Competition, the Road Transport Code of the Republic of Lithuania and in the Law of the Republic of Lithuania on Advertising.
CHAPTER II
FRAMEWORK FOR POSTAL POLICY MAKING AND REGULATION OF THE ACTIVITY OF PROVISION OF THE POSTAL SERVICE
Article 4. State Institutions in the Area of Postal Activities
State institutions of postal activities shall be:
2) the Ministry of Transport and Communications of the Republic of Lithuania (hereinafter: the ‘Ministry of Transport and Communications’);
Article 5. Functions of the Government and the Ministry of Transport and Communications in the Area of Postal Activities
1. The Government shall:
1) approve a procedure for obligating the universal postal service provider and obligate the universal postal service provider to provide the universal postal service on the territory of the Republic of Lithuania;
2) notify the European Commission of the postal service provider obligated to provide the universal postal service on the entire territory of the Republic of Lithuania, the state institution specified in Article 6(1) of this Law, also of the possibilities provided to users and postal service providers to access information specified in Article 16(2)(2) of this Law;
3) approve rules for compensation for loss-making universal postal service, including criteria for determining unreasonably heavy financial burden and for loss-making service of delivery of periodicals to subscribers in rural residential areas;
2. The Ministry of Transport and Communications shall shape the state policy in the area of postal activities, also organise, coordinate and monitor its implementation.
3. The Ministry of Transport and Communications shall:
1) draw up draft laws, drafts of subordinate legislation and other legal acts related to the provision of the postal service and ensuring the economic development and competitiveness of the area of postal activities;
2) ensure that the development of the universal postal service complies with technical progress, economic and social conditions and the needs of users;
3) draw up a procedure for obligating the universal postal service provider and submit it to the Government for approval;
5) prepare criteria for setting the tariffs of the service of delivery of periodicals to subscribers in rural residential areas and submit to the Government for approval;
6) in emergency situations, establish the exceptional conditions ensuring the provision of the universal postal service;
8) approve regulations on the issuance, withdrawal from use and accounting of the means of postal prepayment;
10) establish the mandatory application of Lithuanian standards and other publications, international and European specifications and/or recommendations related to the provision of the postal service;
11) cooperate with foreign authorities responsible for postal activities and represent, within its remit, the Republic of Lithuania in international organisations;
Article 6. Functions of the Communications Regulatory Authority in the Area of Postal Activities
1. The Communications Regulatory Authority shall be the national regulatory authority of the Republic of Lithuania within the meaning of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of services, as last amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, specified in the Annex to this Law. The status, financing sources, conditions, procedure and other aspects of the activities of the Communications Regulatory Authority shall be established by the Law of the Republic of Lithuania on Electronic Communications (hereinafter: the ‘Law on Electronic Communications’).
2. The Communications Regulatory Authority shall:
5) approve tariff ceilings for the universal postal service according to the weight steps of postal items;
6) draw up draft regulations on compensation for loss-making universal postal service, including criteria for determining unreasonably heavy financial burden and submit to the Government for approval;
7) draw up draft regulations on compensation for loss-making delivery service of periodicals to subscribers in rural residential areas and submit to the Government for approval;
8) approve rules for the provision of the postal service and supervise compliance with the requirements defined therein;
9) draw up and submit proposals to the Ministry of Transport and Communications concerning the characteristics of the postal network of the universal postal service provider;
10) draw up and submit to the Ministry of Transport and Communications for approval regulations on the provision of the universal postal service;
11) supervise the compliance of the universal postal service provider with the characteristics of the postal network of the universal postal service provider established by the Ministry of Transport and Communications and requirements for the quality of the universal postal service;
12) supervise how the universal postal service provider organises the quality check of the universal postal service and publish the results of such check on an annual basis;
13) establish the fundamental principles of cost accounting in respect of the universal postal service provider and the requirements applicable to the cost accounting system, as well as other requirements related to the cost accounting system;
14) approve rules for the settlement of disputes between providers and users of the postal service and settle the disputes between the providers and the users of the postal service;
15) approve rules for settlement of disputes between postal service providers and settle the disputes between the postal service providers;
17) investigate and analyse, within its remit, violations of this Law and impose sanctions on violators in the cases, under the terms and conditions and in accordance with the procedure set forth by this Law;
18) supervise compliance with the tariffs of the universal postal service and of the service of delivery to subscribers in rural residential areas;
19) publish information required for the development of open and competitive market. Having regard to legal acts governing the protection of confidential information, the Communications Regulatory Authority shall establish rules for the publication of such information, including the scope of information to be provided;
20) publish the information related to the implementation of this Law in accordance with the procedure established by the Authority;
21) co-operate with foreign authorities regulating the provision of the postal service and participate, within its remit, in the activities of international organisations and institutions, committees and working groups of the European Union;
22) submit proposals to the Ministry of Transport and Communications on the mandatory application of Lithuanian standards and other publications, international and European specifications and/or recommendations related to the provision of the postal service;
Article 7. Right to Provide the Postal Service
1. A person shall have the right to provide the postal service without a separate prior authorisation of state institutions in compliance with the provisions of this Law and other legal acts subject to notification to the Communications Regulatory Authority in accordance with the procedure specified in this Article.
2. A person wishing to commence the provision of the postal service must submit to the Communications Regulatory Authority a notification of the planned commencement of the provision of the postal service (hereinafter: the ‘notification’). The notification can be submitted in writing, by electronic means, via the contact centre or by contacting directly the Communications Regulatory Authority.
3. The form of the notification and the procedure for submitting it shall be established by the Communications Regulatory Authority in rules for the provision of the postal service. The Communications Regulatory Authority may, when establishing the form of the notification and the procedure for submitting it, require to submit only such information and documents that are necessary for a person to be identified and entered on the list of postal service providers (name or company name, code, address, other contact information, a short description of the postal service which the person intends to provide, the date of commencement of the provision of the postal service, etc.).
4. The Communications Regulatory Authority shall, not later than within five working days from the receipt of the notification, enter the person on the list of postal service providers and notify thereof the person who has submitted the notification. The list of postal service providers shall be published on the website of the Communications Regulatory Authority.
5. Having established that a notification has been submitted not in compliance with the procedure provided in rules for the provision of the postal service, the Communications Regulatory Authority shall, not later than within five working days from the receipt of the notification, notify a person thereof and establish a time limit not shorter than five working days to eliminate the shortcomings established by the Communications Regulatory Authority. In this case, the time limit referred to in paragraph 4 of this Article shall be counted from the date of receipt of the revised notification by the Communications Regulatory Authority.
6. Where a person fails to eliminate shortcomings within the time limit established in paragraph 5 of this Article or where the person provides false data, the Communications Regulatory Authority shall not enter the person on the list of postal service providers and shall, not later than within five working days, inform the person thereof indicating the reasons of the refusal to enter on the list of postal service providers.
7. A postal service provider shall be removed from the list of postal service providers where:
1) the postal service provider submits a notification on termination of its activity and/or provision of the postal service;
2) the Communications Regulatory Authority establishes that the postal service provider has terminated its activity and/or the provision of the postal service;
4) there is an effective court order to liquidate the postal service provider due to its bankruptcy when it is a legal entity or another organisation;
5) the Communications Regulatory Authority establishes that the postal service provider has submitted false data due to which the person could not be entered on the list of postal service providers;
6) the postal service provider failed to submit reports on the provision of the postal service to the Communications Regulatory Authority for one year;
8. Prior to removing a postal service provider from the list of postal service providers in accordance with the provisions of points 5 and 6 of paragraph 7 of this Article, the Communications Regulatory Authority shall warn the postal service provider of a possible removal from the list of postal service providers and allow the provider, within the time limit established by the Communications Regulatory Authority, which in any case shall be not shorter than 30 calendar days, to submit the required revised data or reports on the postal service provided.
9. The Communications Regulatory Authority shall notify a postal service provider of the removal from the list of postal service providers and provide the grounds for removal from the list of postal service providers and inform that persons providing the postal service and failing to notify the Communications Regulatory Authority thereof shall be held liable in accordance with the procedure laid down by legal acts.
Article 8. Use of a Postal Network
With a view to ensuring the user interests and promoting effective competition, the postal service provider which manages a postal network must negotiate if requested by another postal service provider and enter into an agreement with another postal service provider whenever the latter applies to the postal service provider regarding the use of the postal network, including the post code system, database of addresses, subscriber letter boxes, and the information on changes in the address, the services of readdressing and returning to the sender. The postal service provider which manages the postal network must ensure that such an agreement on the use of the postal network is entered into in compliance with non-discriminatory, proportionate and transparent terms and conditions. The postal service provider shall pay the fee agreed by the parties to the agreement for the use of the postal network of another postal service provider.
Article 9. Settlement of Disputes between Postal Service Providers
1. Where a dispute arises between postal service providers concerning the public relations regulated by this Law, a postal service provider shall have the right to apply to the Communications Regulatory Authority for the settlement of the dispute in an out-of-court procedure. The postal service provider shall also have the right to apply directly to court.
2. Provisions of the Law on Electronic Communications related to the settlement of disputes between economic entities providing electronic communications networks and/or services, and of the rules for the settlement of disputes between postal service providers approved by the Communications Regulatory Authority shall be applied mutatis mutandis to the settlement of disputes between postal service providers. The rules for the settlement of disputes between postal service providers shall establish requirements for the form, content and submission of requests for dispute settlement, requirements for the collection and presentation of evidence, also a procedure for the conciliation of parties, a procedure for dispute settlement and other rules for the settlement of disputes.
Article 10. Rights and Duties of Postal Service Providers and Users
1. A postal service provider must:
2) hand in postal items in person with acknowledgement of receipt or place the items into incoming letter boxes or, where that is not possible, notify the addressee thereof;
3) deliver postal items addressed to the place of employment or studies of a person, dormitories, place of military service, hospital, sanatorium, camp or place of imprisonment to the administration or persons authorised by the administration;
4) hand in registered and insured postal items in person to the addressee indicated by the sender with acknowledgement of receipt or to the person indicated in writing by the addressee specifying the name and last name of that person;
5) keep in custody the postal item which is impossible to deliver (hand in) to the addressee or to return to the sender, when the sender (addressee) refuses to collect the postal item or when the addressee (sender) does not live at the indicated address, for two months and the universal postal service provider – within the time limits and in accordance with the procedure established in the Parcel Post Regulations and the Letter Post Regulations of the Universal Postal Union. Where within the established time limit the sender (addressee) fails to collect the postal item, although a written notification has been sent to him, a postal service provider must notify the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania of such property and hand it over into the ownership of the State. The notification shall be accompanied by the marking of the postal service provider that the sender (addressee) has been invited to collect the postal item, but has failed to arrive or has refused the postal item;
6) publish the terms and conditions of an agreement on the provision of the postal service, a procedure for providing the postal service approved by the postal service provider and other information affecting the user’s decision to use the postal service;
7) respond to a complaint of the user related to the provision of the postal service within 30 calendar days from the date of receipt of the complaint;
8) indicate on a postal item or attach to the postal item the data facilitating the identification of the postal service provider, access points (address) to which the user can refer, the date of the acceptance of the postal item for sending and the date of the delivery to the addressee;
9) submit regular reports to the Communications Regulatory Authority on the postal service provided in accordance with the procedure established by the Authority;
10) return to the sender the postal items that cannot be delivered or handed in to the addressee where the provision of the postal service is terminated;
2. When handing in postal items to addressees with acknowledgement of receipt, a postal service provider must:
1) hand in a postal item to the addressee in person and with acknowledgement of receipt; where the delivery in person with acknowledgement of receipt is not possible (the addressee cannot be located at the address indicated by the sender, etc.), the postal service provider must inform the addressee of the postal item by leaving a message in the addressee’s incoming letter box or by electronic means ensuring the receipt of the notice;
2) keep the documents specified in rules for the postal service provision supporting the handing in of postal items in person with acknowledgement of receipt for six months from the date of the handing in of an item; in the case of a dispute between postal service providers and users concerning the handing in of the postal item, the postal service provider must keep these documents until the dispute is resolved;
3) return to the sender anpostal item that cannot be handed in to the addressee (the addressee refuses to accept the postal item, has moved from the address indicated by the sender, etc.). The postal service provider may also agree with the sender concerning other actions than provided in this point in respect of the postal item that cannot be handed in to the addressee.
3. Postal items shall be transported by the means of transport of postal service providers or other carriers contracted for transportation.
4. The sender shall be responsible for the contents of a postal item. Where a postal service provider establishes that an accepted postal item contains prohibited articles (merchandise), the articles (merchandise) shall be returned to the sender or confiscated in the cases and according to the procedure set forth by laws. Where, in the cases and in accordance with the procedure set forth by laws, a postal item is confiscated along with articles (merchandise) prohibited from conveyance by post, the postal service provider shall notify the sender thereof specifying the articles (merchandise) confiscated.
5. When the user is not satisfied with the quality of the postal service provided, prior to applying to the Communications Regulatory Authority the user must apply to a postal service provider and file a complaint. If the user does not agree with the reply of the postal service provider, or the postal service provider response fails to submit a reply within the time limit specified in point 7 of paragraph 1 of this Article, the user shall be entitled to apply to the Communications Regulatory Authority in accordance with the procedure laid down by laws.
6. Incoming letter boxes shall be installed by addressees. The incoming letter boxes must be installed in an easily accessible place: in each staircase of multi-apartment buildings, not higher than on the first floor, ensuring postal service providers’ unimpeded access thereto or at the entrances to each staircase; in the case of enterprises, institutions, organisations – at the main entrances. Owners of private houses or those located in gardeners’ societies shall install incoming letter boxes next to the driveways to their land plots, or on the walls, fences or posts of houses adjacent to the street. The incoming letter boxes must be lockable, clearly and legibly numbered, boxes of enterprises, institutions or organisations must bear a clear indication of the enterprise, institution or organisation.
7. If the addressee fails to install an incoming letter box or it does not comply with the requirements specified in paragraph 6 of this Article and therefore it is impossible to deliver a postal item, a postal service provider shall notify the addressee of the postal item received and indicate where and when the addressee can arrive and collect the postal item. If it is impossible to notify the addressee, the postal service provider shall notify the sender thereof.
8. The categories of postal items sent via the postal network of the universal postal service provider and maximum and minimum dimensions for the postal items when providing the universal postal service must meet the requirements laid down in the Universal Postal Convention, the Letter Post Regulations and the Parcel Post Regulations of the Universal Postal Union.
9. If the addressee does not wish to receive advertising, in order to clearly express this disagreement, the addressee shall indicate on his incoming letter box that he does not wish to receive advertising. Persons who violate the addressee’s disagreement shall be held liable in accordance with the procedure laid down by legal acts.
Article 11. Confidentiality of Postal Items and Data Protection
2. When accepting a postal item, an employee of a postal service provider may check whether it contains any articles prohibited from conveyance by post and where the employee discovers such articles, he may refuse to accept the postal item.
Article 12. Liability of Postal Service Providers and Compensation for Damage
1. The sender may claim from a postal service provider compensation for damage resulting from a lost postal item, lost, missing or damaged articles sent therein within six months of the posting of the postal item.
2. The claims submitted after the expiry of the time limit specified in paragraph 1 of this Article shall not be examined.
3. Postal service providers must establish and approve a procedure for examining the complaints lodged by users.
4. Compensation for the loss of or damage to postal items shall be paid in compliance with this Law. Compensation for the loss of or damage to cross-border postal items by the universal postal service provider shall be paid in accordance with the provisions of the Universal Postal Convention, the Letter Post Regulations and the Parcel Post Regulations of the Universal Postal Union. Consequential losses and loss of profits shall not be included into the amount of the compensation due.
5. Where, through the fault of a postal service provider, postal items become lost or damaged, articles (merchandise) are missing or damaged therein or the articles (merchandise) are damaged, the postal service provider shall pay compensation:
1) for a lost registered postal item as well as for a part of lost or damaged articles (merchandise) contained or all damaged articles (merchandise) contained therein – an amount double the amount of posting expenses;
3) for a part of lost or damaged articles (merchandise) in an insured postal item accompanied by a list of articles (merchandise) – an amount equal to posting expenses and the value of the lost or damaged article (merchandise) indicated in the list, which in no case shall exceed the insured value of the whole insured postal item.
6. Where the addressee of a postal item fails to pay a cash-on-delivery charge payable on the postal item through the fault of a postal service provider, the postal service provider shall pay the sender the cash-on-delivery charge specified by the sender.
7. Where a postal service provider through its fault returns to the sender a registered postal item or postal parcel, the provider shall reimburse the sender for posting expenses.
8. A postal service provider shall, upon receipt of a justified claim and within the time limit set forth in paragraph 1 of this Article, compensate the sender for damage in respect of:
1) a postal item sent in the Republic of Lithuania – within 30 calendar days from the date of submission of the claim;
9. A postal service provider shall not be held liable and shall not pay compensation where:
1) the lost articles in a postal item are articles (merchandise) prohibited from conveyance by post;
2) a postal item is lost as a result of force majeure occurring during the conveyance of postal items, when the contents are missing or damaged and it is impossible to account for the postal item owing to the destruction of office records, provided that the fault of the postal service provider cannot be proved otherwise;
3) damage arises through the fault of the sender who fails to comply with the requirements of the postal service provider for packing articles or for the specific properties of the article (merchandise) posted;
4) a postal item, articles (merchandise) contained therein or part thereof have been seized in the cases and in accordance with the procedure prescribed by laws of the dispatching country or the country of destination and other legal acts;
5) upon handing in to the addressee in person, with acknowledgement of receipt, of a registered postal item or an insured postal item or a postal parcel, the package, the label bearing a special stamp, the adhesive tape, the seal or the tying string thereof have not been damaged and the weight of the postal item or the postal parcel corresponds to the one indicated;
7) a postal item has not been received through the fault of a person authorised to collect the postal item by the addressee;
8) a postal item has been lost or damaged in a country where no compensation for damage is provided for;
Article 13. Settlement of Disputes between Users and Postal Service Providers
1. Where a dispute arises between postal service providers and users, the user shall have the right to apply to the Communications Regulatory Authority for the settlement of the dispute in an out-of-court procedure. The user shall also have the right to apply directly to court.
2. Provisions of the Law on Electronic Communications related to the settlement of disputes between electronic communications service providers and end users, and of the rules for the settlement of disputes between postal service providers and users approved by the Communications Regulatory Authority shall be applied mutatis mutandis to the settlement of disputes between users and postal service providers. The rules for the settlement of disputes between postal service providers and users shall establish the requirements for the form, content and submission of requests for dispute settlement, requirements for the collection and presentation of evidence, also a procedure for the conciliation of parties, a procedure for dispute settlement and other rules for the settlement of disputes.
Article 14. Universal Postal Service
1. The provision of the following universal postal service on the territory of the Republic of Lithuania must be ensured:
2. The universal postal service referred to in points 1, 2, 3 of paragraph 1 of this Article shall cover the domestic and cross-border postal services.
3. If the universal postal service provider sends postal items in large quantities and is in agreement with the sender on the clearance points of postal items, delivery terms, and other conditions, the postal service which it provides shall not be considered as the universal postal service. Large quantities shall refer to the cases when one sender within one month submits to the universal postal service provider for conveyance 1,000 and more correspondence items, or 250 or more postal parcels.
4. A postal service with added value shall not be attributed to the universal postal service. A postal service with added value shall mean:
2) confirmation of the handing in of a postal item, the change of the course of delivery of the postal item;
5. The tariffs of the universal postal service must be accessible to all users, be based on the cost of the service, and be transparent and non-discriminatory.
6. If the provision of the universal postal service carries unreasonably heavy financial burden for the universal postal service provider, the loss incurred in relation to the provision of the universal postal service shall be compensated from the state budget in the manner prescribed by the Government. The criteria for the determination of unreasonably heavy financial burden shall be approved by the Government.
Article 15. Obligation of the Universal Postal Service Provider
1. The Government shall obligate the universal postal service provider (providers) to provide the universal postal service for seven years on the entire territory of the Republic of Lithuania.
2. While obligating the universal postal service provider (providers) to provide the universal postal service on the entire territory of the Republic of Lithuania, the Government must ensure that the period of the obligation to provide the universal postal service is sufficient to recover the investment in relation to this obligation by the postal service provider (providers); therefore, the period of the obligation may be extended up to two years.
3. The Government must ensure the continuity of the obligation of the universal postal service provider.
4. A person that may be obligated to provide the universal postal service must meet the following requirements:
5. The Government shall establish a procedure for obligating the universal postal service provider that must be based on the principles of transparency, non-discrimination and proportionality, guarantee the continuity of the provision of the universal postal service and ensure social and territorial cohesion.
Article 16. Rights and Duties of the Universal Postal Service Provider
1. The universal postal service provider shall have no right to assign the provision of the universal postal service to another postal service provider. The universal postal service provider shall be responsible for the quality provision of the service in the manner prescribed by this Law.
2. The universal postal service provider must:
1) ensure the continuous provision of the universal postal service on the territory of the Republic of Lithuania under the same conditions to all users for not less than five working days a week, except for the cases of force majeure; also ensure at least one clearance and at least one delivery of postal items within one working day to the place of residence or domicile of the addressee of the postal service, except for the case specified in Article 5(3)(6) of this Law;
2) regularly provide and publish at access points and on its website comprehensive and continuously updated information for users and postal service providers regarding the universal postal service, the possibility to access to this service, prices, quality requirements or Lithuanian standards in respect thereof, and other publications;
3) install a sufficient number of access points meeting the needs of users in accordance with the characteristics of the postal network of the universal postal service provider;
4) comply with the quality requirements for the universal postal service, perform on an annual basis inspections of the quality of the universal postal service and submit to the Communications Regulatory Authority the findings of such inspections;
6) compensate for the expenses of posting literature for the blind and items of correspondence of prisoners of war or internees;
7) publish on its website an annual report on the universal postal service provided, including the number of complaints handled and information about the manner in which they have been settled;
8) keep records in accordance with the basic principles of cost accounting and requirements for the cost accounting system established by the Communications Regulatory Authority as well as other requirements related to the cost accounting system; clearly separate every universal postal service and postal service not related to the universal postal service in the cost accounting system;
10) conduct on an annual basis an independent audit of the cost accounting related to the universal postal service and submit findings of the audit to the Communications Regulatory Authority;
11) apply the mandatory Lithuanian standards established by the Ministry of Transport and Communications and other publications, international and European specifications and/or recommendations associated with the provision of the postal service;
12) enable, in accordance with the provisions of Article 8 of this Law, other postal service providers to access the postal network under the terms and conditions which are transparent, proportionate and non-discriminatory;
13) respect the following principles when fixing terminal dues for the cross-border postal service: the terminal dues shall be fixed in relation to the costs of the clearance, distribution, transport and delivery of incoming cross-border postal items, the provisions of international agreements; the terminal dues shall be related to the quality of the universal postal service; the terminal dues shall be transparent and non-discriminatory and equivalent to dues for the universal postal service.
3. The universal postal service provider may apply special tariffs in accordance with agreements entered into with users. The universal postal service provider shall apply to these tariffs and related conditions the principles of transparency and non-discrimination. Such tariffs must be set taking account of avoided costs, as compared to standard costs of the normally provided universal postal service. The tariffs shall be the same for all users of the universal postal service of the same category.
Article 17. Delivery of Periodicals to Subscribers in Rural Residential Areas
1. The service of the delivery of periodicals to subscribers in rural residential areas shall not be assigned to the universal postal service.
2. The postal service provider (providers) obligated by the Government to provide the universal postal service must deliver periodical publications to subscribers in rural residential areas.
3. The universal postal service provider (providers) shall determine service tariffs in respect of the delivery of periodical publications to subscribers in rural residential areas on the basis of costs and manage this service accounts in accordance with the basic principles of cost accounting established by the Communications Regulatory Authority and the requirements for the cost accounting system as well as other requirements related to cost accounting.
4. The universal postal service provider (providers) must conduct an independent audit of income and costs of the service of the delivery of periodicals to subscribers in rural residential areas for the period of six months and the calendar year and provide audit findings, reports on income and costs of the service of the delivery of periodicals to subscribers in rural residential areas for the period of six months and the calendar year to the Ministry of Transport and Communications and to the Communications Regulatory Authority.
5. If the Government sets, according to pre-established criteria, lower service tariffs for the delivery of periodicals to subscribers in rural residential areas than the costs of this service, the difference between such costs and tariffs shall be covered in the manner prescribed by the Government from state budget funds. The difference between income and costs of the service of the delivery of periodicals to subscribers in rural residential areas shall be compensated to the universal postal service provider (providers) for the delivery of periodicals to subscribers in rural residential areas on a semi-annual basis.
Article 18. Obtaining of Information
1. The Communications Regulatory Authority shall have the right to obtain from state and municipal institutions and agencies, postal service providers and users as well as other persons the entire information required by the Communications Regulatory Authority and the European Commission and related to the implementation of the assigned tasks and functions, including financial information, irrespective of its confidentiality. The Communications Regulatory Authority shall also have the right to apply to institutions of the European Union requesting to provide the information required in relation to the implementation of the functions assigned thereto.
2. Postal service providers, users and other persons shall be obliged to submit information specified in paragraph 1 of this Article to the Communications Regulatory Authority at its request within the reasonable time limits established by the Authority and the level of detail of the requested confidential information.
3. The Communications Regulatory Authority shall ensure the confidentiality of confidential information in accordance with the procedure and under the terms established by legal acts.
4. Confidential information shall not include data on market shares held by individual postal service providers, summary data on the volumes of items of correspondence and postal parcels, revenues generated in relation to the provision of the postal service, also the information related to the fulfilment of the obligation to provide the universal postal service.
Article 19. Supervision of Compliance with the Provisions of the Law
1. The Communications Regulatory Authority shall perform supervision of compliance with the provisions of this Law in accordance with the provisions of the Law on Public Administration related to legal regulation of supervision of activities of legal entities.
2. In performing supervision, the authorised officers of the Communications Regulatory Authority shall provide an official certificate and a document issued by the Communications Regulatory Authority confirming their powers and functions. The authorised officers of the Communications Regulatory Authority shall have the right to:
1) obtain necessary information in accordance with the procedure and under the terms set out in this and other laws and legal acts from state and municipal institutions and agencies, postal service providers and users;
2) obtain oral and written explanations from persons related to the activity of the undertaking under inspection; request that they give explanations in the office of an authorised official conducting the investigation;
3) obtain data and documents (or copies thereof) on economic operations of the postal service provider under inspection from other persons irrespective of their subordination, also from state or municipal institutions and agencies;
4) with a view to establishing whether postal service providers violate the requirements prescribed in this Law or the rules for the provision of the postal service, inspect the economic activity of the postal service providers; carry out a detailed review of the cost and/or income accounting system (systems) of the universal postal service provider (providers);
5) temporarily seize (for a period of up to 30 calendar days) documents and/or objects which are necessary or may be used as evidence in the investigation of an infringement under a reasoned decision for the seizure and a list of documents and/or objects seized, and request that copies of the specified documents are made;
3. In exercising the rights granted thereto, the authorised officers of the Communications Regulatory Authority shall draw up relevant documents (reports, minutes, claims, etc.). Forms of such documents and the procedure for their completion shall be approved by an order of the Director of the Communications Regulatory Authority.
4. Demands of the officials authorised by the Communications Regulatory Authority exercising the rights provided for in this Article shall be binding on persons. The persons shall be liable for a failure to comply with the legal demands of the authorised officials of the Communications Regulatory Authority in accordance with the procedure laid down by laws.
Article 20. Actions of the Communications Regulatory Authority in the Case of an Infringement
1. Having established that a postal service provider fails to comply with the requirements of the rules for the provision of the postal service, fails to fulfil or inappropriately fulfils one or more duties established to the postal service provider under Article 10 of this Law, or the duties established to the universal postal service provider under Articles 14 and 16 of this Law, the Communications Regulatory Authority shall notify the postal service provider of the established infringements, set a time limit for the elimination of the infringements and notify the Communications Regulatory Authority thereof within a period of not less than 30 calendar days and not more than 60 calendar days from the date of receipt of the notification.
Article 21. Notification of Infringement Proceedings
An officer of the Communications Regulatory Authority who has initiated infringement proceedings shall, not later than within 30 calendar days before a meeting to examine an infringement committed by a postal service provider, notify the postal service provider (by sending a copy of the proposal of the officer of the Communications Regulatory Authority to impose an economic sanction) in respect whereof infringement proceedings have been initiated and other persons concerned whose legitimate interests, rights and/or duties have been affected by the infringement committed by the postal service provider of:
1) the date, time and venue of the meeting to examine the infringement committed by the postal service provider;
2) the requirement for representatives to have a power of attorney or another document certifying the authority of the representative;
3) the necessity of translation, to be notified to the Director of the Communications Regulatory Authority or his authorised person in writing not later than within five working days before the beginning of the meeting to examine the infringement committed by the postal service provider specifying the language from which the translation is required;
4) a possibility, not later than within five working days before the beginning of the meeting to examine the infringement committed by the postal service provider, of submitting to the Director of the Communications Regulatory Authority or his authorised person written explanations and any data requested to be submitted and relevant for examination of the infringement committed by the postal service provider.
Article 22. Persons Participating in Infringement Proceedings
1. An infringement committed by a postal service provider shall be examined in the presence of the postal service provider or representatives thereof. The infringement committed by the postal service provider may be examined in the absence of the postal service provider or representative thereof only in the presence of the evidence that the postal service provider has been serviced a notice on a timely basis concerning the date, time and venue of a meeting to examine the infringement committed by the postal service provider and where no application to postpone the meeting has been received from the postal service provider.
2. In the event of a failure to hand in a notice of the date, time and venue of a meeting to examine an infringement committed by a postal service provider in respect of which infringement proceedings have been initiated, the notice shall be published in one of the national dailies and on the website of the Communications Regulatory Authority not later than 14 working days before the date of the meeting.
3. If a request to postpone a meeting is received from a postal service provider or a representative thereof, the infringement committed by the postal service provider may be examined in absentia of the postal service provider or the representative thereof, where the Director of the Communications Regulatory Authority or a person authorised by him, in compliance with the Code of Civil Procedure of the Republic of Lithuania (hereinafter: the ‘Code of Civil Procedure’), recognises the reasons for the absence at the meeting as irrelevant and dismisses the request of the postal service provider or the representative thereof.
4. The persons concerned whose legitimate interests, rights and/or duties have been affected by an infringement of a postal service provider and/or their representatives as well as other persons (witnesses, experts and professionals) invited on the initiative of the Director of the Communications Regulatory Authority or a person authorised by him or at the request of the postal service provider in respect whereof infringement proceedings have been initiated may attend a meeting concerning the infringement committed by the postal service provider and present submit their explanations. The Director of the Communications Regulatory Authority or the person authorised by him shall have the right to refuse to grant the request of the postal service provider to invite other persons (witnesses, experts and professionals) to the meeting to examine the infringement committed by the postal service provider, where such a request is ungrounded or where granting of the request would prolong infringement proceedings initiated in respect of the postal service provider.
Article 23. Time Limits for Infringement Proceedings and Imposition of an Economic Sanction
1. An infringement committed by a postal service provider must be examined not later than within two months from the date of the initiation of infringement proceedings.
Article 24. Publicity of Proceedings
A meeting to examine an infringement shall be public, except for the cases where it is necessary to protect the secrets of the State, official secrets or commercial secrets or to ensure a person’s right to the inviolability of his private life. A decision on a closed meeting shall be passed by the Director of the Communications Regulatory Authority or a person authorised by him.
Article 25. Infringement Proceedings
1. Infringement proceedings shall be initiated on a proposal of the Director of the Communications Regulatory Authority or a person authorised by him. The proposal in this respect shall specify the constituent elements of an infringement and the circumstances related to the commitment of the infringement, the economic sanction proposed to be imposed and supporting arguments.
2. Upon receipt of a proposal from an officer of the Communications Regulatory Authority, the Director of the Communications Regulatory Authority or a person authorised by him shall convene a meeting to examine an infringement committed by a postal service provider. Postal service providers and other persons concerned whose legitimate interests, rights and/or duties have been affected by the infringement of the postal service provider and/or their representatives shall be invited to the meeting.
3. The meeting shall be chaired by the Director of the Communications Regulatory Authority or a person authorised by him. The meeting shall be commenced by a report of an officer of the Communications Regulatory Authority who has initiated infringement proceedings. The postal service providers and other persons concerned whose legitimate interests, rights and/or duties have been affected by an infringement of a postal service provider and/or their representatives as well as other persons (witnesses, experts or professionals) participating in the meeting shall have the right to present their explanations. Other participants in the meeting may pose questions to any person who has made a report or presented an explanation.
4. A meeting shall be conducted in the state language. Any person not understanding or not speaking the state language and desiring that the meeting be interpreted into and/or from the language understood by the person must, not later than within five working days before the meeting, notify in writing the Director of the Communications Regulatory Authority or a person authorised by him of the need to provide translation specifying the language a translator whereof will be required. In this case, the Director of the Communications Regulatory Authority or the person authorised by him shall invite an interpreter to the meeting. A person who fails to notify the Director of the Communications Regulatory Authority or the person authorised by him of the need to have an interpreter shall invite an interpreter on his own initiative and shall bear the costs of interpretation services.
5. The Director of the Communications Regulatory Authority or a person authorised by him shall have the right to postpone a meeting where a infringement committed by a postal service provider cannot be examined at the meeting due to the absence of a witness, expert, professional or interpreter or when it is required to submit new evidence, upon receipt of a reasoned request of the postal service provider or its representative by appointing the date, time and venue of another meeting. The persons participating in the meeting shall be notified thereof. Where the postal service provider in respect whereof infringement proceedings have been initiated and/or other persons concerned invited to the meeting (or invited to a subsequent meeting) whose legitimate interests, rights and/or duties have been affected by the infringement committed by the postal service provider and/or their representatives are not present at the meeting, they shall be sent a notice of the date, time and venue of the subsequent meeting.
6. The Director of the Communications Regulatory Authority or a person authorised by him shall have the right to suspend infringement proceedings where they decide it necessary to obtain required data (documents).
7. Infringement proceedings shall be resumed under a decision of the Director of the Communications Regulatory Authority or a person authorised by him upon receipt of the necessary data (documents) in respect whereof infringement proceedings have been suspended, on the initiative of the Director of the Communications Regulatory Authority or a person authorised by him or at the request of participants of proceedings.
8. Minutes shall be taken of a meeting concerning an infringement committed by a postal service provider. The Director of the Communications Regulatory Authority or a person authorised by him and the secretary of the meeting shall sign the minutes of the meeting not later than within three working days after the end of the meeting to examine the infringement committed by the postal service provider. The secretary of the meeting shall, within one working day after signing the minutes of the meeting, send the minutes to the postal service provider in respect whereof infringement proceedings have been initiated, and the postal service provider shall have the right to submit its comments in writing or request a revision of the minutes within five working days from the receipt of the minutes of the meeting.
Article 26. Economic Sanctions
1. A postal service provider that fails to comply with the requirements of the rules for the provision of the postal service approved by the Communications Regulatory Authority or fails to perform or improperly performs one or more duties of a postal service provider specified in Article 10 of this Law, the duties established to the universal postal service provider under Articles 14 and 16 of this Law or fails to remove infringements within the time period specified in Article 20(1) of this Law shall be subject to a fine imposed by the Communications Regulatory Authority in the amount of up to 3 percent of the aggregate annual revenue from the provision of the postal service, and where the scope of such activity is difficult or impossible to estimate – up to LTL 300,000.
2. Where a postal service provider commits a repeated infringement as referred to in paragraph 1 of this Article within one year from the imposition of an economic sanction, the provider shall be subject to a fine imposed by the Communications Regulatory Authority of up to 5 percent of the aggregate annual revenue from the provision of the postal service, and where the scope of such activity is difficult or impossible to estimate – up to LTL 500,000.
Article 27. Gross or Persistent Infringement
1. For a gross and persistent infringement of the requirements of the rules for the provision of the postal service approved by the Communications Regulatory Authority, non-performance or improper performance of one or more duties of a postal service provider specified in Article 10 of this Law, the Communications Regulatory Authority shall have the right to prohibit the postal service provider from providing the postal service for a period of up to one year.
2. An infringement causing significant financial loss or postal service activity limitations for other postal service providers shall be considered a gross infringement within the meaning of Article 26(1) of this Law.
3. An infringement of the requirements of the rules for the provision of the postal service approved by the Communications Regulatory Authority, non-performance or improper performance of one or more duties of a postal service provider specified in Article 10 of this Law shall be considered a persistent infringement if committed three or more times per year.
Article 28. Determination of the Amount of an Economic Sanction
1. When imposing economic sanctions upon postal service providers, account shall be taken of:
2. The specific amount of an economic sanction shall be determined according to the amounts of economic sanctions established in Article 26(1) and (2) of this Law and having regard to the circumstances referred to in paragraph 1 of this Article. In view of any mitigating circumstances, the amount of the economic sanction shall be reduced from the average to the minimum, and in view of any aggravating circumstances, the amount of the economic sanction shall be increased from the average to the maximum. In view of the circumstances mitigating and aggravating liability, the amount of the economic sanction shall be determined taking into account the extent and the significance of the circumstances concerned.
3. The aggregate annual revenue referred to in Article 26(1) and (2) of this Law shall be established on the basis of the aggregate annual revenue of a postal service provider upon which an economic sanction is imposed during the previous accounting year from the provision of the postal service. In the event that it is not possible to calculate the gross annual income generated during the previous accounting year (the postal service provider did not provide the postal service in the previous accounting year, etc.), the revenue from the postal activity in the current year shall be calculated.
4. For the purpose of determining the amount of the damage incurred upon postal service providers, users and/or other persons, account shall be taken of the consequences caused by an infringement (where it is possible), loss or damage of assets, expenses incurred (direct loss), also loss of revenue due to the infringement, and expenses for the prevention or mitigation of the damage.
5. The amount of the revenue that a postal service provider generated as a result of an infringement shall be calculated on the basis of the monetary benefit received by the postal service provider due to the infringement.
6. The impact of each postal service provider on the commitment of an infringement, where the infringement is committed by several postal service providers, shall be assessed taking into account whether the postal service provider was the initiator of the infringement, performed an active or a passive role, also the market share held by the relevant postal service provider.
7. The circumstances mitigating liability shall mean a situation where, having committed an infringement, postal service providers voluntarily prevented damage, assisted the Communications Regulatory Authority in the course of the investigation of the infringement, compensated for losses or eliminated the damage done.
Article 29. Imposition of and the Refusal to Impose an Economic Sanction
1. The Director of the Communications Regulatory Authority or a person authorised by him shall, not later than within ten working days from the date of signing the minutes of a meeting to examine an infringement committed by a postal service provider, submit the issue of the imposition of an economic sanction for consideration to the Council of the Communications Regulatory Authority. A proposal of an officer of the Communications Regulatory Authority, the minutes of the meeting to examine the infringement committed by the postal service provider and other material relevant for the adoption of a decision on the imposition of the economic sanction shall be submitted to the Council of the Communications Regulatory Authority. The Council of the Communications Regulatory Authority shall submit a conclusion on the economic sanction to the Director of the Communications Regulatory Authority or a person authorised by him not later than within ten calendar days from the date of submission of the issue of the imposition of the economic sanction for consideration to the Council of the Communications Regulatory Authority. This conclusion shall be advisory in nature and shall not be binding on the Director of the Communications Regulatory Authority or the person authorised by him.
2. Upon receipt of a conclusion of the Council of the Communications Regulatory Authority concerning an economic sanction, the Director of the Communications Regulatory Authority or a person authorised by him shall, within five working days from the receipt of the conclusion and having examined the entire material related to an infringement committed by a postal service provider and having assessed the conclusion of the Council of the Communications Regulatory Authority concerning the economic sanction, adopt a final decision to impose the economic sanction upon the postal service provider or refuse to impose such a sanction. The decision to impose the economic sanction upon the postal service provider shall specify legal grounds and the reasons for imposing the economic sanction. Where the final decision of the Director of the Communications Regulatory Authority or the person authorised by him concerning the economic sanction contradicts the conclusion of the Council of the Communications Regulatory Authority, the decision concerned shall specify the reasons for not taking into account of the conclusion of the Council of the Communications Regulatory Authority.
3. The Director of the Communications Regulatory Authority or a person authorised by him shall adopt a decision to refuse to impose an economic sanction where:
4) the infringement is minor, as it has not caused material harm to the interests of other persons, the postal service provider discontinues its actions infringing the law, or removes the consequences of its actions infringing the law and compensates for damage, and compliance with the provisions of this Law can be ensured in other ways.
4. An officer of the Communications Regulatory Authority who has initiated infringement proceedings shall, within three working days from the date of adoption of a decision to impose an economic sanction or to refuse to impose the economic sanction, communicate the decision to a postal service provider in respect whereof the economic sanction has been imposed or refused to be imposed and shall be responsible for the supervision of the enforcement of the economic sanction.
Article 30. Procedure for Appealing against a Decision to Impose an Economic Sanction
A decision of the Director of the Communications Regulatory Authority or a person authorised by him may be appealed against in accordance with the procedure set forth by the Law of the Republic of Lithuania on Administrative Proceedings. The appeal against the decision of the Director of the Communications Regulatory Authority or a person authorised by him to impose an economic sanction shall suspend the enforcement of the decision pending the examination of the appeal.
Article 31. Publication of Information on Prohibition to Provide the Postal Service
Information on the prohibition of a postal service provider from providing the postal service shall be published on the website of the Communications Regulatory Authority not later than on the next working day after the adoption of a decision to prohibit the postal service provider from providing the postal service. This information shall be removed from the website not later than on the next working day following the revocation of the prohibition.
Article 32. Right of Access to the Materials Related to Infringement Proceedings
A postal service provider in respect whereof the process of the imposition of an economic sanction has been initiated or upon whom the sanction has been imposed as well as other persons concerned whose legitimate interests, rights and/or duties have been affected by an infringement committed by the postal service provider and/or their representatives, including experts and professionals, shall have the right to access the materials related to the imposition of the economic sanction (the proposal of an officer of the Communications Regulatory Authority, the minutes of a meeting to examine the infringement committed by the postal service provider and other materials relevant to the investigation of the infringement committed by the postal service provider), except for the materials that constitute a state, official or commercial secret of other persons concerned whose legitimate interests, rights and/or duties have been affected by the infringement committed by the postal service provider, the disclosure of which would infringe the right of a natural person to the inviolability of his private life.
Article 33. Enforcement of Economic Sanctions
1. A postal service provider shall be obliged to enforce an economic sanction imposed by the Director of the Communications Regulatory Authority or a person authorised by him by paying the fine into the state budget not later than within 30 calendar days from the date of receipt of the decision or by terminating the provision of the postal service on the next day following the receipt of the decision.
2. In view of a reasoned request of a postal service provider, the Director of the Communications Regulatory Authority or a person authorised by him, having regard to the financial standing of the postal service provider and other relevant considerations, shall have the right to postpone the payment of the fine or part thereof for a period of up to six months.
3. A decision of the Director of the Communications Regulatory Authority or a person authorised by him concerning the imposition of an economic sanction shall be an enforcement document. Where the decision is not enforced, the document shall be submitted for enforcement to bailiffs in accordance with the procedure specified by the Code of Civil Procedure. The decision must be submitted for enforcement not later than within nine months from the date of the adoption thereof.
Annex to
the Postal Law of the Republic of Lithuania
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ 2004 special edition, Chapter 6, Volume 3, p. 71), as last amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 (OJ 2008 L 52, p.3).
Article 2. Entry into Force and Implementation of the Law
2. The public limited liability company Lietuvos Paštas shall provide the universal postal service until 31 December 2019.
3. The Government of the Republic of Lithuania, the Ministry of Transport and Communications of the Republic of Lithuania and the Communications Regulatory Authority shall, within their remit and prior to the entry into force of this Law, draft and approve the legal acts implementing this Law.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.