S.L. 254.1 Art. 43ABurden sharing in relation to the provision of universal services.

(1) Where the Authority determines that the universal service obligations entail a net cost calculated taking into account the Second Schedule which represent an unfair financial burden on the universal service provider or providers, the Authority may then introduce:

(a) a mechanism to compensate the postal operator or operators concerned from public funds: Provided that such a mechanism may only be established with the prior approval in writing of the Minister granted with the concurrence of the Minister for Finance; and, or

(b) a mechanism for the sharing of the net cost of the universal service obligations between postal operators and, or users: Provided that in such a case the Authority may establish a compensation fund which may be funded by postal operators and, or the fees paid by users, and which is administered for this purpose by the Authority or a body independent of the beneficiary or beneficiaries under the supervision of the Authority.

(2) The Authority shall notify each postal operator required to share the cost of a universal service obligation of its obligation to contribute to such cost, including the amount, manner and timing of payments to be made.

(3) A postal operator which has been notified of its obligation to contribute an amount specified by the Authority, shall pay that amount in the time and manner specified by the Authority.

(4) The Authority shall ensure that the principles of transparency, non-discrimination and proportionality are respected in establishing the compensation fund and when fixing the level of financial contributions referred to in sub-regulation (1)(b):

Provided that decisions taken shall be based on objective and verifiable criteria and that they shall be published.