S.L. 254.1 · Postal Services (General) Regulations (S.L. 254.1)
S.L. 254.1 Art. 68No exemption from the need to obtain any other permit, etc.
Nothing in these regulations shall exempt any person from the obligation to diligently obtain at his own expense any permit, licence or other approval or authorisation however so described, necessary to operate and maintain the postal services or any part thereof to which these regulations apply, or from the obligation of complying with any condition of any such permit, licence or other approval or authorisation. FIRST SCHEDULE
(Regulations 46 and 47)
Fees to be paid on an annual basis The fees listed in this Schedule shall be applicable as from the 1st January
Fees
(a) Fees to be paid by operators who are €5,000 or one and one authorised in accordance with regulation 46 cent (1.5%) of the total to provide postal services both within and revenue from posta outside the scope of the universal services: within the scope of the service, whichever amount Provided that if in the opinion of the higher. Authority, an operator does not, within a reasonable timeframe given by the Authority, provide adequate and satisfactory information on the total gross revenue generated from the provision of postal services within the scope of the universal service, the Authority may establish an alternative mechanism to determine the total fees due in line with the principles of proportionality and reasonableness.
(b) Fees to be paid by operators who are €150; authorised in accordance with regulation 47 Provided that an operator to provide postal services which are outside demonstrates to the satisfaction the scope of the universal services. of the Authority that gross revenue does not €24,300 shall be exempt payment of any such fees. SECOND SCHEDULE
(Regulation 43A)
Guidance on calculating the net cost, if any, of universal service in accordance with the Postal Directive Definition of the universal service obligations service obligations refer to the obligations, referred to in article 17 of upon a postal service provider by a Member State which concern the a postal service throughout a specified geographical area, including, required, uniform prices in that geographical area for the provision of that provision of certain free services for blind and partially sighted persons.
obligations may include, among others, the following: number of days of delivery, superior to those set in this Directive; accessibility to access points, in order to satisfy the universal service obligations; the tariffs affordability of the universal service; uniform prices for universal service; the provision of certain free services for blind and partially sighted persons.
Calculation of net cost Authority shall consider all means to ensure appropriate incentives for postal providers (designated or not) to provide universal service obligations cost of universal service obligation is any cost related to and necessary for of the universal service provision. The net cost of universal service to be calculated, as the difference between the net cost for a designated service provider of operating with the universal service obligations and the service provider operating without the universal service obligations.
calculation shall take into account all other relevant elements, including any market benefits which accrue to a postal service provider designated universal service, the entitlement to a reasonable profit and incentives for attention is to be given to correctly assessing the costs that any designated service provider would have chosen to avoid, had there been no universal obligation. The net cost calculation should assess the benefits, including benefits, to the universal service operator. calculation is to be based upon the costs attributable to:
elements of the identified services which can only be provided at a loss provided under cost conditions falling outside normal commercial standards. This category may include service elements such as the services defined in Part A; specific users or groups of users who, taking into account the cost of providing the specified service, the revenue generated and any uniform prices imposed by the Authority, can only be served at a loss or under cost conditions falling outside normal commercial standards. This category includes those users or groups of users that would not a commercial operator that did not have an obligation to provide universal The calculation of the net cost of specific aspects of universal service is to be made separately and so as to avoid the double counting of indirect benefits and costs. The overall net cost of universal service any designated universal service provider is to be calculated as the costs arising from the specific components of universal service obligations, account of any intangible benefits. The Authority shall be responsible the net cost. The universal service provider(s) shall cooperate with the enable it to verify the net cost. Part C: Recovery of any net costs of universal service obligations
The recovery or financing of any net costs of universal service obligations require designated universal service providers to be compensated for that they provide under non-commercial conditions. As such compensation financial transfers the Authority shall ensure that these are undertaken objective, transparent, non-discriminatory and proportionate manner. that the transfers result as far as possible in the least distortion to competition user demand. A sharing mechanism based on a fund referred to in regulation regulations should use a transparent and neutral mechanism contributions that avoids a double imposition of contributions falling and inputs of undertakings. The Authority or the independent body administering the fund, as the is to be responsible for collecting contributions from undertakings, assessed as liable to contribute to the net cost of universal service obligations to oversee the transfer of sums due to the undertakings entitled to receive from the fund.
Änderungsgeschichte
- Amended by L.N. 154 of 2014