LAW
ON POSTAL SERVICES
Prom.
SG. 64/4 Aug 2000, amend. SG.
112/29 Dec 2001, amend. SG. 45/30 Apr 2002, amend.
SG. 76/6 Aug 2002, amend. SG.
26/21 Mar 2003, amend. SG. 19/1 Mar 2005
Chapter
one
GENERAL
PROVISIONS
Art.
1. This Law
regulates the social relations connected with the provision of postal services
in the Republic of Bulgaria.
Art.
2. This Law
provides the conditions for:
1. satisfying the social needs for postal
services;
2. performing universal postal service on the territory of the
country of specified quality at accessible prices;
3. liberalization of postal services, establishment of free
market and loyal competition;
4. protection of consumers' interests.
Art.
3. The
postal services include the following:
1. (amend., SG 26/03) accepting, carrying and delivery of
parcels;
2. accepting and/or delivery as parcels of messages transmitted
through the means of telecommunications;
3. postal money orders;
4. courier services.
Art.
4. (suppl. SG 112/01) Postal services
comprise the universal postal service and the non-universal postal
ones.
Art.
5. The
postal services are provided through the post networks.
Art.
6.
(1) Parcels
contain objects whose physical features and technical parameters allow their
being carried through post networks.
(2) (suppl., SG 26/03) The parcels under paragraph 1 are
correspondence parcels, printed word, small packages, blind people's parcels,
direct postal advertisement and parcels that contain goods which may have
commercial value or not.
Art.
7. Post
operators are persons registered under the Commercial Law providing postal
services on the grounds of an individual licence or
registration.
Art.
8. The
following are not considered postal services within meaning of this
Law:
1. carrying
and delivery of letters, parcels, etc. of one's own performed by the person
itself among its offices, branches or departments without using a post
network;
2. carrying summonses, subpoenas, and other similar and the
delivery thereof to another person, without using a post
network;
3. distribution of newspapers and periodicals that are not set
out as parcels within meaning of § 1, item 6 of the Supplemental Provisions
and/or no post network is used.
Chapter
two
MANAGEMENT
AND REGULATION OF POSTAL SERVICES
Art.
9. (amend. SG 112/01) The Minister of Transport and
Communications performs the state management of postal services in the Republic
of Bulgaria in compliance with this Law.
Art.
10. (amend. SG 112/01) (1) (prev. text
of art. 10 - SG 26/03) The Minister of Transport and Communications works out
the policy in this sector postal policy regarding the strategy and principles of
development of postal services, the stages and trends in the development of post
market and the post infrastructure as well as the tasks related to the European
integration. The postal policy in this sector should receive the approval of the
Council of Ministers and afterwards it is promulgated in the State
Gazette.
(2) (new, SG
26/03) The sector postal policy shall be updated every 4 years or at shorter
periods, as its updating shall be carried out by the order of its
adoption.
Art.
11. (amend.,
SG 26/03) (1) The special courier service
shall organise and carry out the acceptance, transportation and delivery of the
correspondence containing classified information of the bodies of the state
authority and of the local independent government, as well as of individuals and
corporate bodies having obtained permit for access to classified information and
certificates for security according to t he Law for the classified information
and the regulations for its implementation.
(2) The
special courier service is a structure at the Minister of Transport and
Communications.
(3) The
organisation, the structure and the functions of the special courier service
shall be determined by the Council of Ministers at a proposal of the Minister of
Transport and Communications.
Art.
12. (amend., SG 26/03, amend. SG 19/05) (1) The Minister of Transport and Communications
organises, in coordination with the competent bodies shall determine the
conditions and the order of using the postal networks and providing the postal
services in crises and in introducing regime of martial law, state of war or
emergency situation in the context of the Law for the defence and armed forces
of the Republic of Bulgaria.
(2) the post operators shall render assistance in providing the
postal services in crises and in introducing regime of "martial law", regime
"state of war" or regime "emergency situation" in the context of the Law for the
defence and the armed forces of the Republic of Bulgaria.
(3) The
obligations of the post operators, the requirements and the restrictions related
to the security and the defence of the country, as well as in crises shall be
determined by the individual licences.
Art.
13. (amend. SG 112/01) The Minister of Transport and
Communications shall:
1. issue normative acts provided in this
law;
2. represent the Republic of Bulgaria at the Universal Post
Union as well as at the European and the regional organisations and structures
of the bodies for management of the postal services;
3. approve the annual thematic plan for issuing of Bulgarian
post stamps.
Art.
13a.
(new, SG 26/03) Prior to the issuance of the ordinances under
art. 14 and 76
the Minister of Transport and Communications shall publish an announcement for
the developed projects in one national daily newspaper and shall publish the
text of the developed projects in the site of the Ministry of Transport and
Communications in Internet. Within 14 days from the date of the announcement the
interested persons may present written statements on the projects. The Minister
of Transport and Communications shall study the statements and shall accept them
or shall motivate his decision for their rejection, and shall publish it in the
site of the Ministry of Transport and Communications in
Internet.
Art.
14. (amend. SG 112/01) The Minister of Transport and
Communications shall determine the requirements for the postal security with an
ordinance, co-ordinated with the Minister of Interior.
Art.
15. (amend. SG 112/01) (1) The
Commission for regulation of communications shall regulate the postal services
by:
1. ensuring conditions for implementing the universal postal
service on the territory of the country;
2. ensuring conditions for competition on the postal market and
equal position of the postal operators;
3. (amend., SG 26/03) developing drafts of the normative acts,
and proposing them to the Minister of Transport and Communications in the cases
stipulated by the law;
4. issuing, amending, supplementing, stopping, terminating and
withdrawing licenses for universal postal service;
5. issuing certificates for registration for implementing non
universal postal services;
6. protecting the interests of the users of postal
services;
7. determining with a decision measures for protection of the
secret of the correspondence and implementing control over their
fulfilment;
8. determining with a decision norms for quality of the
universal postal service and the efficiency of servicing, referring to the term
of fulfilment of the service, the regularity of collecting and delivery of the
postal parcels and ensuring the reliability of the service. The decision shall
be promulgated in State Gazette;
9. approving with a decision the postal codes for the networks
of the operators of universal postal service, as well as of the bar –codes of
the postal parcels and of the postal orders in compliance with the international
requirements and keeping registers about them;
10. being
able to require from anybody, who implements postal services information,
necessary for the fulfilment of the regulatory functions, and guaranteeing its
preservation, if it is commercial secret of the operator.
11. (new, SG
26/03) working out and adopting criteria for determining difficulty of access to
the regions of the country and the settlements in them;
12. (new, SG
26/03) working out, in coordination with the Commission for protection of the
competition, a methodology of proving the deficit of fulfilment of the universal
postal service in economically unprofitable conditions; the methodology shall be
adopted by the Council of Ministers at a proposal of the Commission for
Regulation of the Communications;
13. (new, SG
26/03) working out and adopting standards for determining the density of the
places of access to the postal networks designated for providing universal
postal service, so that they correspond in number and density to the needs of
the consumers;
14. (new, SG
26/03) working out a methodology for determining the affordability of the price
of the universal postal service; the methodology shall be adopted by the Council
of Ministers at a proposal of the Commission for Regulation of the
Communications;
15. (new, SG
26/03) coordinating the prices of the universal postal service provided by the
post operators.
(2) (new, SG
26/03) The Commission shall publish its decisions under para 1, item 7, 8, 9, 11, 12 and 13 in its informational
bulletin and its Internet site.
(3) (prev. para 2 - SG 26/03) The
Commission for regulation of the communications shall control the observing
of:
1. the normative acts in the field of the postal
services;
2. the license conditions;
3. the requirements for implementing non universal postal
service
4. (suppl., SG 26/03) the standards for quality of the universal
postal service and efficiency of services;
5. the requirements of the secret of the
correspondence;
6. the requirements for preservation of environment at
implementing the postal services.
(4) (prev. para 3 - SG 26/03) The
Commission for regulation of the communications shall inform the public and make
public consultations and opinion pools about important issues of the postal
services.
Art.
16. (amend. SG 112/01) The Commission for regulation of the
communications shall represent the Republic of Bulgaria at the international
organisations for regulation of the postal services.
Art.
17. (amend. SG 26/03) (1) Each
year the Commission for regulation of the communications shall draw up and
present, not later than June 30, to the National Assembly, the President and to
the Council of Ministers a report on its work in the field of postal services
which shall obligatorily contain:
1. analysis of the provided universal postal service accompanied
by an assessment of the quality of its providing, state of the reserved
sector;
2. analysis and perspectives of development of the market of
postal services.
(2) The
Commission for Regulation of the Communications shall publish the report under
para 1 in the informational bulletin and in its site
in Internet.
Chapter
three
POST
OPERATORS
Section
I
Rights
and Obligations of Post Operators
Art.
18. The post
operators perform their work under the conditions of equality and
publicity.
Art.
19. (amend. SG 112/01; amend., SG 26/03)
The post operators shall carry out postal services under this law on the grounds
of:
1. an individual licence - for the universal postal service or
for a part of it;
2. a registration - for universal postal
services.
Art.
20. (1) Post operators are obligated
to:
1. provide the confidentiality of
correspondence;
2. (amend., SG 26/03) satisfy the requirements for the postal
security;
3. render assistance in the performance of postal services under
the circumstances specified in Art. 12;
4. (amend., SG 26/03) observe the requirements for protection of
the classified information;
5. (Amend.,
SG 76/02) create conditions for carrying out control and supervision over postal
services on the part of the competent bodies of the Ministry of Interior and
supply, mount, commission and maintain for their account the technical devices
and software necessary for their activity.
6. (New, SG
76/02) coordinate with the competent bodies the requirements for the necessary
technical devices and software in compliance with the ordinance under art.
14.
7. (New, SG
26/03) observe the requirements for preservation of the environment, the life
and the health of people.
(2) (amend. SG 112/01) The post operators
of universal postal service are obligated to insure against accidents the
workers and employees who hold the positions specified in a list, the latter
being co-ordinated with the Commission for regulation of the
communications.
Art.
21. (1) (amend. SG 112/01) The post operators are obligated to provide the consumers
with equal access to the post networks and equal use of postal services in the
case of contracts made under the General Terms. It is not necessary to sign
separate contracts.
(2) The post
operators include the following in the General Terms of the contracts with
consumers: specification of the services, access conditions, quality norms, way
of payment, procedure for claims, simple ways of solving disputes,
responsibility and other important matters related to the provision and use of
services.
(3) (amend. SG 112/01) The contract under
the General Terms is regarded as being made at the time the operator accepts the
parcel or the money order at the place of access and the price of the service is
paid.
(4) (amend. SG 112/01) The post operators
of universal postal service are obligated to get an opinion from the Commission
on Competition Protection regarding the project for General Terms of the
contract with the consumers. Afterwards they present the General Terms to the
Commission for regulation of the communications for being
co-ordinated.
(5) The post
operators make the General Terms known to the consumers by way of publishing
them, prior to their effective date, in a leading daily newspaper and displaying
them for public view in the post offices where parcels and money orders are
accepted.
Art.
22. The post
operators have the right to make contracts with other persons for the
performance of parts of the licence granted to them. In this case it is again
the licensee that bears responsibility for the performance of the licence as a
whole.
Art.
23. (1) The post operators of universal postal service
provide mutual access to their networks under the conditions of impartiality and
equality. Contracts are made for this mutual access and the parties specify the
technical, technological, financial and other conditions of
connection.
(2) The post
operators of universal postal service are also entitled to provide access to
their networks to operators of non-universal postal services, wherever
practicable, and to make contracts thereof.
(3) (new, SG
26/03) On acceptance, transport and delivery of postal
consignments by operators having concluded contracts for mutual access to their
networks, each of t he operators shall be responsible to the other operator for
providing the service only for his part of the acceptance, transportation and
delivery of the consignment.
(4) (new, SG
26/03) The post operators providing postal services through a contract for
mutual access to their networks, shall be jointly and severally liable to the
consumers for the damages or detriments having occurred by the acceptance,
transportation and delivery of the postal consignments.
(5) (new, SG
26/03) If the operators under para 1 do not reach a
consent for conclusion of a contract for mutual access each of them may, not
earlier than two months, and not later than three months from the date of the
proposal for conclusion of the contract, extend a request to the Commission for
Regulation of Communications. The Commission, within two months from receiving
the request, shall give a statement, by a decision, to the operators for the
conditions and the order of the mutual access.
(6) (new, SG
26/03) The decision under para 5 shall be subject to appeal before the Supreme
Administrative Court.
Art.
23a. (new, SG
26/03) (1) The post operators obliged to
provide the universal postal service or a part of it through postal network
organised and managed by them shall receive compensation from the state budget
for the proven by them, before the Commission for regulation of the
communications, and approved by it deficit of the universal postal service under
economically unfavourable conditions, by observing the methodology under art.
15, para 1, item 12 and the
analytical accountancy of the universal postal
service.
(2) The size
of the resources for compensation under para 1shall be
determined by the order of art. 29 and 29a and according to
the methodology under art. 15, para 1, item 12.
(3) The
postal operators under para 1 shall organise and carry
out the accountancy both for the trade company and analytically and individually
for:
1. the universal postal service;
2. the non-universal postal services if such are
provided;
3. other commercial activities.
Section
II
Main
Post Operator
Art.
24. The main
post operator is "Bulgarian Posts" commercial company. On the grounds of this
Law and the individual licence, "Bulgarian Posts" commercial company is
obligated to provide, through its post network, the universal postal service on
the whole territory of the country, including under unfavourable financial
terms.
Art.
25. (1) Apart from the universal postal service, the
main post operator makes subscriptions, carries and delivers newspapers and
periodicals to persons - individuals and legal entities in those cases where
distribution contracts with the respective publishing houses have been
made.
(2) The main
post operator is entitled to perform other postal services as well according to
the procedure set forth in this Law. The main post operator is also entitled to
carry out other activities within its registered scope of activities as a
commercial company.
Art.
26. (1) The main post operator is entitled to
participate with property, the latter being part of its post network, in those
commercial companies which assume the performance of part of its licence by way
of a contract under Art. 22.
(2) In those
cases where the participation with part of the main operator's property under
par. 1 does not hinder the performance of the licence, the main post operator is
also entitled to participate with the said property in those commercial
companies that do not assume the obligations under Art.
22.
Art.
27. The main
post operator undertakes to observe those Acts of the Universal Postal Union
that have been ratified by the Republic of Bulgaria and have been promulgated
and have taken effect.
Art.
28. The main
post operator is entitled to be a member of the international organisations of
post operators.
Art.
29. (1) (amend., SG 26/03) The main post operator
shall receive compensation from the state budget for any deficit that has been
proven by him before the Commission for regulation of the communications and
approved by it deficit of universal postal service under economically
unfavourable conditions, by observing the methodology under art. 15, para 1, item 12 and the analytical
accountancy of the universal postal service.
(2) (amend.,
SG 26/03) The amount of the compensation for proven deficit resulting from the
performance of universal postal service under unfavourable financial terms for
the sake of providing accessible prices to each consumer on the territory of the
country is specified in the state budget of the Republic of Bulgaria for the
respective year.
(3) The main
post operator organises and carries out the accounting of the commercial company
both as a whole and itemised by:
1. universal postal service ;
2. non-universal postal services;
3. other business activities.
(4) (amend. SG 112/01) The incomes from
the universal postal service may not be used for covering the expenses on
non-universal postal services or on any other activities.
Art.
29a. (new, SG
26/03) (1) The main postal operator shall
present to the Commission for regulation of the communications an application
for compensation of the deficit of the fulfilment of the universal postal
service under economically unfavourable conditions for the next calendar year
not later than June 30 of the current year.
(2) The
application under para 1 shall contain the size of the
expected deficit which shall be determined on the basis of the volume, the
revenue and expenses in types of services and in total of the providing of the
universal postal service according to the methodology under art. 15, para 1, item
12.
(3) The
Commission for regulation of the communications may require further information
and/or proof from the applicant.
(4) Within 7
days from the request under para 3 the applicant shall
present the required additional information and/or proof.
(5) Within 45
days from presentation of the application and proof the Commission for
regulation of the communications shall announce its decision approving the
proven deficit. The applicant shall be informed in writing about the
decision.
(6) The
decision under para 5, along with the correspondence
related to it, shall be sent within 7 days to the Minister of Finance with a
request for inclusion of the size of the approved deficit in the draft law for
the state budget of the Republic of Bulgaria for the next
year.
(7) The
Minister of Finance shall file the application under para 1, the correspondence related to it, the decision under
para 5 and his statement in the Commission for
protection of the competition as a notification under art. 7,
para 1 of the Law for the state support not later than
September 15 of the current year.
(8) After the
decision of the Commission for protection of the competition under para 7, by which it permits the submitting of the state
support the Minister of Finance shall include the size of the approved deficit
of the universal postal service in the draft law for the budget of the Republic
of Bulgaria for the next year.
Art.
30. The state
and the municipalities are entitled to sell or grant the use of state-owned and
municipality-owned chattels to the main post operator without an auction or a
competition.
Art.
31. The main
post operator is entitled to use free of charge state-owned and
municipality-owned chattels for placement of post-boxes for collecting and
delivering unregistered correspondence parcels and printed word as agreed with
the competent bodies.
Chapter
four
POSTAL
SERVICES
Section
I
Universal
Postal Service
Art.
32. (amend. SG 112/01; suppl., SG 26/03)
The universal postal service is a service which is
provided continuously throughout the specified working time, its quality being
in accordance with the norms under Art. 15, para 1, item 8, and the prices thereof being accessible
ones. Each consumer on the territory of the country is provided with the
opportunity of using the universal postal service regardless of his/her
geographic location.
Art.
33. (1) The universal postal service is provided on
all working days, at least 5 days a week with the following
exceptions:
1. (amend., SG 26/03) in circumstances under Art. 12, para 2;
2. (amend. SG 112/01; amend., SG 26/03) in population centres
that are difficult of access; these population centres are specified by the post
operators providing universal postal service, in co-ordination with the mayors
of the respective municipalities and the list of the said centres is approved by
way of a decision of the Commission for regulation of the communications; the
decision also specifies the working days that the rendering of universal postal
service is provided on.
(2) The
provision of the universal postal service comprises at least one collection of
parcels each working day from the places of access and one delivery to receivers
within the time limits as set forth in the normative acts.
(3) The
number and location (density) of the places of access should be in compliance
with the needs of the consumers.
Art.
34. (amend. SG 112/01) (1)
(amend., SG 26/03) The universal postal service
includes the following services:
1. accepting, carrying and delivering of internal and
international consignments, as follows:
a) correspondence parcels – up to 2 kg;
b) small packages – up to 2 kg;
c) direct postal advertising - up to 2 kg;
d) printed
matter – up to 5 kg;
e)
secogrammes – up to 7
kg
2. accepting, carrying and delivering of internal and
international parcels - up to 10 kg;
3. postal and cash remittance;
4. additional services "registered parcels" and "declared
value".
(2) (amend., SG 26/03) The limit for weight of para 1, item 2 when referring to parcels from other
countries may be higher and it becomes equal to the limit weight specified in
the Acts of the Universal Postal Union.
(3) (amend., SG 26/03) The parcel under par. 1, items 1"a", "b",
"d" and "e" may be either registered or unregistered ones.
Art.
35. (1) (suppl., SG 26/03)
The form, the minimum and maximum dimensions and the
way of addressing the parcels under Art. 34, par. 1, item 1 and 2 are specified
in accordance with the requirements set forth in the Acts of the Universal
Postal Union.
(2) The post
operators of universal postal service are obligated to inform all their
customers about the requirements concerning the form, dimensions and weight of
the parcels under par. 1.
Art.
36. (1) (suppl., SG 26/03)
The delivery of parcels under Art. 34, par. 1, item 1
and 2 is performed as follows:
1. (amend. SG 112/01) unregistered parcels up to 1 kg - into the
letterbox of the receiver placed at the receiver's
address;
2.
registered parcels up to 1 kg - to the receiver's address, either to him in
person or to his/her proxy or to a full-age member of the receiver's
household;
3. parcels of over 1 kg and parcels - into the post offices of
the operators.
(2) Money
orders are paid to the receiver in the way specified by the sender - either at
the post office or at the address of the receiver, in cash or by a remittance to
a specified account.
(3) In order
for unregistered parcels to be delivered, the receivers place letterboxes at
appropriate, accessible and safe places at their address.
Section
II
Non-Universal
Postal Services
Art.
37.
Non-universal postal services are all those services of accepting, carrying and
delivery of parcels which are not included in the universal postal
service.
Art.
38. The
non-universal postal services comprise:
1. parcels
whose weight is from 10 kg to 20 kg;
2. courier services;
3. services under Art. 3, item 2.
Chapter
five
INDIVIDUAL
LICENCES AND REGISTRATIONS FOR PERFORMING POSTAL
SERVICES
Section
I
Individual
Licences
Art.
39. The
individual licence within meaning of this Law is an individual administrative
instrument giving permission for the performance of the universal postal
service.
Art.
40. (amend., SG 26/03) The individual licence is granted for the
performance of the universal postal service or a part thereof on the territory
of the whole country.
Art.
41. The
requirements for granting individual licences for a certain type of postal
services are the same for all applicants unless otherwise provided in this
Law.
Art.
42. Licences
are granted in observance of publicity and equality.
Art.
43. (1) (amend. SG 112/01; suppl., SG 26/03) The persons applying for individual
licences for the universal postal service file an application in a form to the
Commission for regulation of the communications specifying the
following:
1. identification data of the applicant;
2. the services and the time they will be provided
for;
3. the time when the activity will begin.
(2) The
following is enclosed to the application under par. 1:
1. (amend., SG 26/03) certified copies of the Court decisions on
the corporate case of the applicant;
2. (suppl., SG 26/03) court certificate of the applicant's
current state;
3. copy of BULSTAT registration card and the tax registration
certificate;
4. declaration showing that the applicant's licence for
performing the universal postal service has not been revoked, or, if it has been
revoked - the period of time for which the applicant is deprived from the right
to apply for such a licence;
5. evidence
of the applicant's financial potential for performing the activities, such as
the annual balance sheet, the profit and loss account, annual tax returns, a
bank guarantee in writing showing that when the licence is granted credit will
be given to the applicant, and documents regarding the fixed assets
liquidity.
6. description of the technology providing high quality of the
universal postal service, this description containing the period of delivery,
measures for observing the confidentiality and reliability of postal services
and a sketch showing the location of the places of access to the post network,
the number thereof being in accordance with the consumers'
needs.
7. (new, SG
26/03) documents issued by the respective competent bodies for the circumstances
under art. 47, para 2, item 4, letters "a", "b" and
"d";
8. (new, SG
26/03) declaration for the circumstance under art. 47, para 2, item 4, letter "c";
9. (new, SG
26/03) document for paid fee for consideration of the application, in a size
determined by the tariff under art. 63.
(3) All
documents are filed in two copies in Bulgarian language.
(4) (revoked, SG 26/03)
Art.
44. (1) (amend. SG 112/01) In order for the
applications for individual licences to be considered, the chairman of the
Commission for regulation of the communications appoints a specialised
commission of five members, the latter being employees of the administration of
the Commission for regulation of the communications as follows: three
specialists in postal services, a specialist in finance and a lawyer; the
Minister also designates three reserve members who act as members when the
regular ones are absent.
(2) The
meetings of the commission under par. 1 shall be regarded as duly held if all
the members are present.
(3) The
commission takes decisions by the majority of more than one half of its members.
The dissenting members submit their dissenting opinion in
writing.
Art.
45. (1) (suppl., SG 26/03)
The commission under art. 44, para 1 considers all applications and enclosures thereto
within 14 days of the day of their being filed and checks the truthfulness of
the declaration under Art. 43, par. 2, item 4.
(2) (amend., SG 26/03) If the commission under art. 44, para 1 finds out omissions or flaws regarding the
requirements set forth in Art. 43 it shall notify the applicant in writing by
registered mail and shall give the applicant a ten-day period for their removal,
this period commencing on the day of receipt of the
notification.
(3) If the
applicant fails to cure the defects the commission does not consider the
application and, within 10 days, notifies the applicant thereof by way of an
advice-of-delivery letter.
(4) The
commission does not consider the application in those cases where it has found
out that the declaration under Art. 43, par. 2, item 4 does not reflect the true
situation as the applicant's licence for universal postal service has been
revoked or the period of time for which the applicant was deprived from the
right to apply for such a licence has not expired. The applicant is notified by
way of an advice-of-delivery letter.
Art.
46. (amend. SG 112/01; amend., SG 26/03)
Within two months from the date the application under Art. 43 was filed, the commission under art. 44, para 1 shall study the universal postal service technology
described, the scheme of the number and location of the places of access to the
postal network and the evidence of financial potential, and shall make a
proposal to the Commission for regulation of the communications to either issue
or refuse to issue the licence.
Art.
47. (amend. SG 112/01) (1)
(amend., SG 26/03) The Commission for regulation of the
communications, within 14 days from the proposal of the commission under art.
44, para 1, by a decision shall either issue or refuse
to issue a universal postal service licence, and within three days from the
adoption of the decision shall notify the applicant by registered mail, and in
case of refusal a copy of the decision shall be sent to him within 7 days from
the adoption of the decision.
(2) (amend., SG 26/03) The Commission for regulation of the
communications shall refuse to grant a licence in those cases where, on the
grounds of the documents submitted by the applicant, the commission has
established that:
1. circumstances are present that endanger the country's
security or defence;
2. there is no evidence of sufficient financial potential for
performing the universal postal service;
3. (suppl., SG 26/03) the technology described does not provide
high quality of the performance of the universal postal service and/or the
attached scheme does not contain the places of access to the postal network
which, in their number and density must correspond to the needs of the consumers
according to the standards under art. 15, para 1, item 13.
4. (new, SG
26/03) the applicant:
a) has been declared bankrupt or is under proceedings for
declaring bankruptcy;
b) is in a
process of liquidation;
c) has been divested of the right to carry out commercial
activity - for the managers or for the members of the managing bodies of the
applicant;
d)
has public
monetary liabilities to the state established by an enforced act of a competent
body.
(3) The
decision through which the Commission for regulation of the communications
refuses to grant the licence is to be motivated.
(4) The
decision under par. 3 shall be subject to an appeal before the Supreme
Administrative Court.
Art.
48. (1) (amend. SG 112/01) The individual licences granted are personal ones. They may
be transferred to third persons registered under the Commercial Law only with
the permission of the Commission for regulation of the communications provided
that more than a year has expired since they have been
granted.
(2) (revoked, SG 26/03)
(3) (amend. SG 112/01; amend., SG 26/03)
A licensed operator wishing to transfer to a third person the licence issued to
him shall file an application with the Commission for regulation of the
communications. The application shall be accompanied by a declaration by the
third person stating his consent for the transfer of the licence. The third
persons shall enclose to the declaration the documents under art. 43, para 2.
Art.
49. (amend. SG 112/01) (1)
Within 30 days of the application's being filed, the Commission for regulation
of the communications gives permission for or refuses the transfer of the
licence and notifies the persons concerned by way of an advice-of-delivery
letter.
(2) (amend., SG 26/03) The Commission for regulation of the
communications, by a motivated decision, shall refuse to transfer the licence to
the third person in the cases under art. 45, para 4 and art. 47, para 2. Copy of the decision shall be sent by
registered mail to the licensed person and to the third person within three days
from taking the decision.
(3) The
refusal under par. 2 is subject to appeal before the Supreme Administrative
Court.
Art.
50. (1) (amend. SG 112/01) The Commission for
regulation of the communications enters the licences granted into a special
register showing:
1.
the
registration number and the date of entry;
2. the name (the company's name, respectively) of the licensee,
registration data and addresses;
3. the services to be performed - universal postal service as a
whole or separate parts thereof;
4. term of validity of the licence.
(2) It is
under the registration number specified in par. 1, item
1 that all changes occurring in relation to the registered data are entered and
so is the period of time of:
1. temporary discontinuance of the
licence;
2. depriving the applicant from the right to apply for a new
licence.
(3) The
Register under par. 1 is a public one.
Art.
51. (suppl., SG 26/03) The Commission for regulation of the
communications publishes in its Informational Bulletin the licences that have
been granted, transferred, suspended or revoked.
Art.
52. (1) (prev. text of art.
52 - amend., SG 26/03) The individual licence for
universal postal service is valid for up to 20 years.
(2) (new, SG
26/03) The term may be extended at a request of the
licensed person by the Commission for regulation of the communications
when:
1. the licensed person meets the requirements of the acting
legislation, including requirements related to the security and defence of the
country;
2. no written warning has been extended to the licensed person
for withdrawal of the licence for the term of the issued
licence;
3. the circumstances of art. 47, para
2, item 4 are not present with the licensed person.
(3) (new, SG
26/03) The total duration of the term of the licence
may not be more than 35 years.
(4) (new, SG
26/03) Upon expiration of the total duration of the term in case of applying for
a new licence in equal other conditions the person under para 2 shall be preferred.
Section
II
Content
of the Individual Licences
Art.
53. The
individual licence for universal postal service contains requirements
for:
1. performing the universal postal service or a part thereof and
providing the equality of all consumers under publicly known
conditions;
2. providing sufficient density of the places of access to the
post network in compliance with the needs of the
consumers;
3. (amend., SG 26/03) observing the quality norms of the service
and the efficiency of service;
4. (amend. SG 112/01) providing of postal security, as well as
the creating of conditions for supervision and control exercised by competent
bodies;
5. (suppl., SG 26/03) environment protection and protection of
the life and health of people in the course of performing the
activities;
6. (amend. SG 112/01) working out the general terms of the
contract with the consumers of postal services and the co-ordination thereof
with the Commission for regulation of the communications;
7. presenting the prices of services to the licensor for
information prior to the date the prices take effect;
8. providing
information for the consumers concerning the working time, technical
requirements towards the parcels, objects forbidden to be placed in the parcels
and the prices of services;
9. the amount and way of paying the licence fees specified in
the licence;
10. providing information to the licensor, this information being
related to the performance of the licence;
11. immediate notification of the licensor in those cases where
the licensee has been declared insolvent or bankrupt or a liquidation procedure
has been started;
12. (amend., SG 26/03) mutual connection of post networks with
other operators of universal postal service under a
contract;
13. (new, SG
26/03) obligatory keeping of analytical and individual accounting of the
universal postal service and specifying the way of proving the deficit of
carrying out the universal postal service under economically unfavourable
conditions;
14. (prev. item 13 - amend., SG 26/03)
performance of tasks or restrictions regarding the performance of postal
services in the circumstances under Art. 12, para
2;
15. (prev. item 14 - SG 26/03) changes,
amendments, temporary discontinuance or suspension of the licence in the cases
provided for in the law;
16. (prev. item 15 - SG 26/03)
revocation of the licence in the cases provided for in the
law;
17. (prev. item 16 - SG 26/03) allowing
control to be carried out on the part of the licensor concerning the performance
of the licence;
18.
(prev. item 17 - SG 26/03) sanctions
and the procedure for the enforcement thereof.
19. (new, SG
26/03) initial date of performing the universal postal service according to the
licence.
Art.
54. The main
post operator's licence contains the following additional and special
requirements:
1. obligatory accountancy book-keeping separately for universal
postal service, non-universal postal services and other services and activities,
as well as the way the deficit resulting from performing universal postal
service under unfavourable financial terms is proved;
2. specifying the scope and term of the reserved sector of
postal services under § 6 of the Interim and Concluding Provisions and the
obligations ensuing therefrom;
3. (amend., SG 26/03) the procedure for determining the prices of
the services comprised in the universal postal service;
4. (amend., SG 26/03) using postage stamps for prepayment of
certain postal services;
5. providing services free of charge in the cases provided for
in the law;
6. observing the Acts of the Universal Postal
Union;
7. providing the printing and sale of postage
stamps;
8. selling and accepting international
coupon-replies;
9. using postmarks and seals according to Art.
77;
Section
III
Changes,
Amendments, Discontinuance and Suspension of Individual
Licences
Art.
55. (amend. SG 112/01) (1)
Changes, amendments, temporary discontinuance or suspension of the licence
before the term set may be done unilaterally by the Commission for regulation of
the communications through a motivated decision, after giving written
notification thereof, in the following cases:
1.
force-majeure;
2. reasons related to the national security and defence of the
country resulting from the activity performed under the
licence;
3. (amend., SG 26/03) the circumstances within meaning of Art.
12, para 2;
4. changes in home legislation or in the decisions of the
Universal Postal Union or the European postal organisations recognised by the
Republic of Bulgaria.
(2) The
Commission for regulation of the communications suspends with a decision a
licence before the term set in the following cases:
1. if the licensee - sole proprietor dies, and within three
months none of the heirs has stated that he/she shall continue performing the
licence;
2. if the licensed post operator is liquidated or wound
up;
3. if the licence is revoked under Art.
57.
Art.
56. (1) The licensed operator is entitled to file a
motivated request to the Commission for regulation of the communications for
amendments to the licence. This request is examined with regard to its grounds
and necessity and within two months the Commission for regulation of the
communications either approves or refuses to approve the amendments to the
licence.
(2) The
licensee is entitled to demand termination of the licence before the term set,
through giving notification in writing to the Commission for regulation of the
communications six months prior to the date of termination. When the
notification term has expired, the Commission for regulation of the
communications terminated the licence by way of a
decision.
Art.
57. (amend. SG 112/01) (1) The
Commission for regulation of the communications shall revoke the licence with a
motivated decision and the latter becomes invalid in the cases
of:
1. (amend.,
SG 26/03) material or systematic breach of this Law, the normative acts on its
application or the terms and conditions of the licence; the licence is revoked
if the post operator fails to correct the breach after being given at least one
month notice in writing;
2. on the advice of the competent bodies in those cases where
they have established that the actions of the licensee endanger the national
security or the defence of the country.
(2) (suppl., SG 26/03) The revocation decision specifies the
period of time for which the applicant is deprived from the right to apply for a
new licence for universal postal service, and/or to request transfer of the
licence. This period of time may not be shorter than two
years.
Art.
58. (amend. SG 112/01; suppl., SG 26/03)
The decisions under Art. 55, par. 1,
art. 56 and Art. 57 as well as
the refusal under Art. 47 of the Commission for regulation of the
communications are subject to appeal before the Supreme Administrative
Court.
Section
IV
Registration
of Post Operators for Performing Non-Universal Postal
Services
Art.
59. (1) (amend. SG 112/01; suppl., SG 26/03) Persons wishing to be registered for
performing non-universal postal services file an application in a form with the
Commission for regulation of the communications specifying the
following:
1. name, or company's name, address and registration under
BULSTAT;
2. the services that shall be provided and the particulars
thereof;
(2) The
following is to be enclosed to the application filed under par.
1:
1. document of registration under the Commercial
Law;
2. document of current state;
3. declaration showing that the person assumes to perform the
obligations under Art. 60.
4. (new, SG
26/03) document for paid fee for consideration of the application for
registration, in a size determined by the tariff under art.
63;
5. (new, SG
26/03) document for paid fee for registration; the fee for registration shall be
reimbursed to the applicant within 3 days from the enactment of a decision of
the Commission for regulation of the communications which refuses registration
for carrying out non-universal postal services.
(3) (amend. SG 112/01; amend., SG 26/03) The Commission for
regulation of the communications within 7 days of the date of receipt of the
application shall appoint a three-member specialised commission from its
administration, consisting of two specialists of postal services and a qualified
lawyer and shall determine two reserve members, of which one qualified lawyer
and one specialist of postal services who, in the absence of the regular member
shall substitute them for considering filed applications for registration for
carrying out non-universal postal services.
(4) (amend., SG 26/03) The sittings of the specialised commission
under para 3 shall be considered regular if all
members are present.
(5) (new, SG
26/03) The specialised commission under para 3 shall consider every application and the attachments
to it within 15 days from the date of their filing.
(6) (new, SG
26/03) When the specialised commission under para 3
establishes omissions and faults in respect of the requirements under para 1 and 2 it shall inform the applicant by registered
mail and shall give him 5 days for their removal, considered from the date of
receipt of the notification.
(7) (new, SG
26/03) Within 30 days from filing the application under
para 1 the specialised commission under para 3 shall propose to the Commission for regulation of the
communications to adopt a decision for registration or for refusal of
registration of the applicant.
(8) (new, SG
26/03) The Commission for regulation of the communications, within 7 days from
the proposal under para 7, shall adopt a decision for
registration or refusal of registration of the applicant and, within 3 days from
adopting the decision, shall notify the applicant by registered mail and, in the
case of a refusal, within 7 days from adopting the decision, shall send a copy
of the decision.
(9) (new, SG
26/03) The Commission for regulation of the communications shall enter
immediately the decision for registration under para 8
in the register under para 12.
(10) (new, SG
26/03) The Commission for regulation of the communications shall issue a
certificate for the registration within 7 days from the entry under para 9, indicating the service or the services to be
provided by the postal operators.
(11) (new, SG
26/03) The rights to perform non-universal postal
services shall occur from the moment of entering the decision under para 8 in the register under para
12.
(12) (new, SG
26/03) The registered persons shall be entered in a special public register for
operators of non-universal postal services, which shall be published in the site
of the Commission for regulation of the communications in
Internet.
Art.
59a. (new, SG
26/03) (1) The Commission for regulation of
the communications shall refuse, by a motivated decision, registration for
carrying out non-universal postal services when:
1. the applicant has not removed the admitted omissions and
faults within the term under art. 59, para
6;
2. the registration under art. 59, para 8 has been crossed out pursuant to art. 61, para 1, item 4 and 5 and a period not shorter than 9 has
elapsed from the crossing out.
(2) Within 7
days from the adoption of the decision under para 1
the Commission for regulation of the communications shall send a copy of it to
the applicant by registered mail.
(3) The
decision under para 1 may be appealed before the
Supreme Administrative Court.
Art.
59b. (new, SG 26/03) (1) When a change occurs in the data
under art. 59, para 1 the post operator, within 10 days, shall inform the
Commission for regulation of the communications.
(2) The
Commission for regulation of the communications, within 14 days from receipt of
the notification under para 1, shall issue a new
certificate for registration of the operator, indicating the occurred
changes.
(3) The
operator shall pay a fee for the issuance of the certificate under para 2 in a size determined by the tariff under art. 63, but not larger than the size of the fee for the consideration of
the application for registration of non-universal postal services under
art. 59, para 2, item 4.
(4) The
requirements of para 1, 2 and 3 shall also apply in a
case that the post operator requests an amendment and/or supplement of the
postal services carried out by him according to the
registration.
Art.
60. The
persons performing non-universal postal services are obligated
to:
1. provide the inviolability of the
parcels;
2. observe the confidentiality of correspondence, including the
data about the senders, receivers and parcels;
3. provide the reliability of the network;
4. not to collect, carry or deliver forbidden objects or
substances under Art. 90 and 91;
5. not to endanger the security and defence of the country
through their activities in performing the services;
6. (suppl., SG 26/03) protect the environment, the life and
health of people.
7. (new, SG
26/03) assist in providing the postal services on occurrence of the
circumstances under art. 12, para
2.
Art.
61. (1) (amend. SG 112/01; amend., SG 26/03) By way of a decision of the Commission for
regulation of the communications, the registration under Art. 59, para 8 is struck off in the
following cases:
1. on the
written request of the registered person;
2. if the registered person - sole proprietor dies and within
three months none of the heirs has stated that he/she shall continue performing
the services;
3. if the registered post operator is wound
up;
4. if the registered person fails to correct the nonobservance of the requirements under Art. 60 after being
given at least three months' notice in writing;
5. on the advice of the competent bodies in those cases where
they have established that the actions of the registered person endanger the
national security or the defence of the country.
(2) (amend. SG 112/01) The decision under
par. 1, item 4 is subject to appeal before the Supreme Administrative
Court.
Section
V
Licence
Fees and Registration Fees
Art.
62. (1) Post operators pay licence fees at the amount
and in the way specified in the terms and conditions of the
licence.
(2) The
licence fees are as follows:
1. initial one - on granting an individual licence for universal
postal service, including the expenses on preparing it;
2. annual - for control over the performance of the licence -
percentage of the annual gross incomes (net of VAT) from the licensed universal
postal service.
(3) The
postal operators of non-universal postal services pay a single fee for
registration, this fee being paid prior to the issuance of the registration
certificate.
Art.
63. (amend. SG 112/01) The amount of
licence fees and registration fees is determined by the Council of Ministers on
the advice of the Commission for regulation of the communications and the
Minister of Finance.
Art.
64. (1) (amend. SG 112/01;
amend. and suppl., SG
26/03) The licence fees and registration fees shall be collected by the
Commission for regulation of the communications and shall be distributed as
follows:
1. initial licence fee: - 80 per cent for the budget of the
Ministry of Transport and
a)
45 percent
for the budget of the Ministry of Transport and
Communications;
b) 35
percent for the budget of the Commission for regulation of the
communications;
c) 20
percent as income for the state budget;
2. annual licence fee:
a) 45 per
cent for the budget of the Ministry of Transport and
Communications;
b) 5 percent
for the budget of the Commission for regulation of the
communications;
c) 50 per
cent for the state budget;
3. single fee for registration:
a) 45
percent for the budget of the Ministry of Transport and
Communications;
b) 35
percent for the budget of the Commission for regulation of the
communications;
c) 20
percent as income for the state budget;
(2) (amend.,
SG 26/03) The amounts under par. 1 that enter the budget of the Ministry of
Transport and Communications shall be spent by Agency "development of the
communications and of the information and communication technologies" for
financing: postal and telecommunication projects; scientific research and
marketing for the purposes of the postal and telecommunication services;
projects related to the security and defence of the country in the sphere of the
postal and telecommunication services; projects and activities determined by the
plans for regional development in the sphere of the postal and telecommunication
services, as well as other expenses related to the organisation and utilisation
of the postal and telecommunication projects.
Chapter
six
PRICES
OF POSTAL SERVICES
Art.
65. (amend. SG 112/01; amend., SG 26/03) (1) The prices of postal services are determined
by the post operators in accordance with market supply and demand with the
exception of the prices of services included in the universal postal
service.
(2) The
prices of the postal services included in the universal postal service shall be
determined by the post operators according to the methodology under art. 15, para 1, item 14 and in compliance with
the requirements of the ordinance under art. 66, para 1.
(3) The
operators of universal postal service shall submit the prices under para 2 ro the Commission for
regulation of the communications within 30 days from their
enactment.
(4) The
operators of non-universal postal services shall submit the prices under para 1 to the Commission for regulation of the
communications for information within 30 days before their
enactment.
(5) The
Commission for regulation of the communications shall oblige, by a decision, the
post operators of universal postal service, to change the prices under para 2 if they do not correspond to the requirements of the
methodology under art. 15, para 1,
item 14 and/or the requirements of the ordinance under art. 66, para 1 have not been complied with in their
determining.
(6) The
decision under para 5 shall be subject to appeal
before the Supreme Administrative Court.
Art.
66. (1) (amend. SG 112/01; amend., SG 26/03) The
prices of services included in the universal postal service are formed and
applied in accordance with the rules specified in an ordinance approved by the
Council of Ministers on the grounds of Art. 59, par. 3 of the
Law on Protection of Consumers and Rules for Trade, on the advice of the
Commission for regulation of the communications.
(2) The rules
under par. 1 provide the observance of the following
principles:
1. equal prices of equal services on the territory of the
country;
2. equality of consumers;
3. accessibility of prices;
4. consideration of the expenses on providing the
services;
5. observance of the quality of services;
6. provision of profit, which is well-grounded from an economic
point of view, in accordance with the established investment
policy;
7. creating conditions encouraging
consumption;
8. compliance with the price levels at international markets
inasmuch as the situation in the country allows it;
9. publicity of prices.
(3) (amend.,
SG 26/03) The ordinance under par. 1 specifies the terms and procedure under
which the operators of universal postal service may contracts the prices of
services included in the universal postal service which differ from the prices
determined under the rules, by observing the principles of publicity and
equality.
Art.
67. (amend. SG 112/01; revoked, SG 26/03)
Art.
68. For a
certain period of time prior to applying the prices, the post operators provide
the consumers with the opportunity to become familiar with the prices of the
services provided by the operators.
Chapter
seven
PAYMENT
FOR POSTAL SERVICES
Section
I
Ways
of Payment
Art.
69. (1) The price of the postal services is prepaid by
the consumers. The payment is made in cash, on account or with postage stamps
depending on the way the post operator has specified for the payment of the
respective service.
(2) The
postal services may also be paid under a contract made with the post
operator.
Art.
70. (amend., SG 26/03) (1) The
postage stamp shall be used as a sign of paid price for postal services provided
by the main post operator.
(2) The main
post operator shall determine the types of services paid by way of postage
stamps, and shall inform about that the Commission for regulation of the
communications.
Section
II
Postage
Stamps
Art.
71. The
Minister of Transport and Communications issues and puts into use postage stamps
on the grounds of the annual plan of topics for issuance of Bulgarian postage
stamps.
Art.
72. The
postage stamps that have not been put out of use are sold at their par value.
The sale is made by the main post operator and by other persons that have made
contracts thereof with the main post operator.
Art.
73. (amend.,
SG 26/03) The Minister of Transport and Communications issues and puts into use
post products (postcards, envelopes with or without illustrations, etc.) having
a special sign showing the price of the postal services provided by the main
post operator. The special sign certifies that the service has been
paid.
Art.
74. It is the
Minister of Transport and Communications who puts out of use the postage stamps
and post products having a price sign under Art. 71 and
73.
Art.
75. (1) (prev. text of art.
75 - SG 26/03) The postage stamps and post products are put into and out of use
by way of an ordinance of the Minister of Transport and Communications and
information thereof is published in 2 leading daily
newspapers.
(2) (new, SG
26/03) Within 7 days from the issuance of the order
under para 1 the Minister of Transport and
Communications or an official authorised by him shall inform the Commission for
regulation of the communications about the commissioning and decommissioning of
postage stamps and postal products.
Art.
76. The terms
and procedure for issuing, putting postage stamps and post products into use or
out of use, as well as the terms and procedure for their sale are determined by
way of an ordinance of the Minister of Transport and Communications in
coordination with the Minister of Finance.
Section
III
Post
Seals
Art.
77. (1) Post operators may use seals from automatic
machines, pricing machines, printing presses and other printing and stamping
equipment as a sign for payment of the price of postal
services.
(2) The main
post operator uses postmarks for sealing the postage stamps and documents of
collecting and delivering the parcels and for receiving and paying money
orders.
(3) (amend. SG 112/01; suppl., SG 26/03)
All seals of the post operators of universal postal service are to be approved
by and registered in a special register of the stamps of the post operators of
universal postal service with the Commission for regulation of the
communications in advance, prior to their putting into use. When the seals are
put out of use, the operators give notification of their registration being
struck off.
(4) (amend.,
SG 26/03) Seals of the post operators of universal postal service that have not
been registered or are out of use may not be placed or used for any
purposes.
Art.
78. The
Minister of Transport and Communications is entitled to put into and out of use
special seals on occasions such as celebrations of historic events,
anniversaries, etc. These special post seals are used by the main post operator
in the way and procedure specified in the ordinance under Art.
76.
Section
IV
International
Coupon-Reply
Art.
79. (1) International coupon-replies may be used for
making the payment for international postal services performed by the main post
operator.
(2) The
international coupon-reply is a special form approved by the Universal Postal
Union having a definite selling value and a definite exchange
value.
(3) The
international coupon-replies are used by the sender for prepaying to the
receiver the price of a certain parcel in reply.
(4)
International coupon-replies may be sold in the Republic of Bulgaria only by the
main post operator.
Section
V
Postal
Services Provided Free of Charge
Art.
80. (1) (suppl., SG 26/03)
The following postal services in the range of the
universal postal service are provided by the main post operator free of
charge:
1. international and home official parcels of the post
administration of the Republic of Bulgaria;
2. blind
people's parcels of up to 7 kg - relief letters and cliches, sound records and special paper (except for the
additional price for airmail) sent by/to blind people or by/to officially
recognised institutions for blind people and marked with the prescribed
distinctive marks;
3. parcels to prisoners of war and internees civilians specified
in Geneva Convention dated August 12, 1949.
(2) (amend. SG 112/01) The post
administration of the Republic of Bulgaria comprises the Ministry of Transport
and Communications, the Commission for regulation of the communications, their
administrations and the commercial company "Bulgarian Posts" as the main post
operator.
Chapter
eight
CONFIDENTIALITY
OF CORRESPONDENCE
Art.
81. The post
operators and the persons under Art. 22 that participate in the provision of
postal services undertake to observe the confidentiality of correspondence both
while providing the service and afterwards.
Art.
82. (1) The post operators are not
entitled:
1. to misappropriate parcels;
2. to open parcels;
3. to take anything from parcels that have been
opened;
4. to give parcels to third persons for the purpose of knowing
what their content is;
5. to provide information on parcels and the content thereof
except to the sender and receiver or to persons authorised by
them;
6. to inform anybody about the post traffic between
persons.
(2) The
prohibition under par. 1, items 2 and 3 does not concern operators of
non-universal postal services in those cases where it is connected with
safeguarding the content of the parcels and is explicitly provided for in the
General Rules of the contract with the consumers, in observance of the
requirement for the sender's written consent given in
advance.
Art.
83. (1) The international parcels are subject to
customs control in accordance with the Law on Customs and the Rules concerning
its application.
(2) The
parcels have priority when customs control is performed.
Art.
84. Distraint may be levied on postal order sums including the
COD (cash on delivery) ones. The distraints are
levied, according to the procedure set forth in the Civil Procedure Code, for
debts of the sender or receiver of the postal order and they are levied prior to
paying the sum to the receiver. Both the sender and the receiver are notified in
writing of the distraint levied.
Chapter
nine
RESPONSIBILITY
AND INDEMNITY
Art.
85. (1) The post operators of universal postal service
owe indemnity to the consumers in the following cases:
1. registered parcels, parcels, declared value parcels and COD
ones that have been lost or stolen or damaged;
2. (amend., SG 26/03) non-observance of the quality norms for the
service determined by the decision under art. 15, item 8;
3. unpaid or incorrectly paid sums of postal orders and
cheques.
(2) (amend., SG 26/03) The indemnity under par. 1 is determined
according to the General Terms of the contracts with the
consumers.
(3) The
indemnity owed by the main post operator for international parcels is determined
in compliance with the Acts of the Universal Postal Union.
(4) (new, SG
26/03) The concrete size of the indemnities under para 1 shall be announced by the post operators in public
and accessible places in their post offices.
Art.
86. (1) Both the sender and the receiver are entitled
to make a claim in the cases under Art. 85, par.
1.
(2) The claim
is to be laid within six months commencing on the day the parcel or order has
been accepted.
(3) The post
operators of universal postal service study the claim and within three months
they notify the claimant of the result. In cases of compliance with the claim
the indemnity is paid within one month of the day of the
notification.
(4) (suppl., SG 26/03) If the claim is disallowed entirely or
partially or no decision has been taken within the term under par. 3, the
claimant is entitled to lay a claim with the Court.
Art.
87. The post
operators of universal postal service do not bear
responsibility:
1. for
unregistered parcels;
2. for
damaging or destroying of registered parcels and declared value parcels
resulting from force-majeure;
3. for
registered parcels that cannot be found because the office documents thereof
have been destroyed by force-majeure;
4. in cases
where the parcels have been damaged or destroyed either through the fault of the
sender or as a result of the nature of the content of the
parcels;
5. for
parcels containing forbidden objects or substances, the parcels being either
seized or destroyed for this reason by the competent bodies in compliance with
the due procedure;
6. where the parcel has been delivered to another person because
of incompleteness or incorrectness of the address.
Art.
88. The cases
in which the post operators of non-universal post services bear responsibility
as well the extent thereof and the due procedure is specified in the General
Terms of the contracts with consumers.
Art.
89. (1) The senders bear responsibility to the
operators for all damages caused by the content of their parcels to other
parcels. The extent of this responsibility is the same as the extent of the
responsibility borne by the operators to the persons whose parcels have been
damaged.
(2) The
senders under par. 1 also bear responsibility for the damages caused to the
operators.
Chapter
ten
PROHIBITION
OF PUTTING CERTAIN OBJECTS AND SUBSTANCES IN THE
PARCELS
Art.
90. (1) It is forbidden to put the following
substances and objects in home parcels and international
ones:
1. narcotic, intoxicating, psychotropic, poisonous substances
and substances of strong effect;
2. weapons, explosives, inflammables or other dangerous
substances and objects;
3. objects that are either indecent ones or inconsistent with
good morals;
4. objects and substances that, because of their nature or
packing constitute a danger to the post office employees' or other persons' life
or health or may dirty or damage other parcels or
equipment;
5. religious materials of sects and organisations that are
either prohibited or not registered in the country.
(2) (amend. SG 112/01) Except for declared value parcels, it is
not allowed for postap parcels to contain coins,
banknotes, traveller's cheques, objects that are valuable to the sender,
platinum, gold, silver, processed or unprocessed precious stones or other
valuable objects.
Art.
91. (1) (suppl. SG 112/01)
As for international parcels, including the declared
value ones, in addition to those under Art. 90, para 1
there are also other substances and objects that may not be contained in the
parcels and they are specified in the international treaties. Besides, there are
objects forbidden to be imported or distributed in the country of
destination.
(2) The
operators are obligated to submit to the senders of international parcels
information on forbidden substances and objects under par.
1.
Art.
92. If
suspicions are aroused about forbidden objects or substances being contained in
the parcels, on accepting them the operator requires the sender's written
consent for checking. In the case of the sender's refusal the parcel is not
accepted.
Art.
93. Where
there is sufficient grounds to consider that an
accepted parcel contains forbidden objects or substances, the operator requires
the sender's or receiver's written consent for opening it. In the case of
refusal or no reply the post operator informs the Prosecuting Magistracy and the
latter orders to the competent bodies to make a check.
Chapter
eleven
CONTROL
Art.
94. (amend. SG 112/01) The control of the
observance of this Law and the enactments issued on the grounds thereof, as well
as the performance of the licences for universal postal service and the
requirements for non-universal postal services is exercised by a specialised
department of the Commission for regulation of the
communications.
Art.
95. (1) (amend. SG 112/01) The chairman of the Commission for regulation of the
communications shall authorise with an order officials from the administration
of the Commission for regulation of the communications, who shall draw up a
Statement of Facts about the breaches by the order of the Law on Administrative
Breaches and Penalties.
(2) In
fulfilling their functions, the authorised officials have the following
rights:
1. free access to the objects subject to
control;
2. to require that documents and information be submitted in
connection with the execution of control;
3. to check the observance of the quality norms of the
services;
4. to give instructions for curing any defects in the activity
within a specified period of time.
Art.
96. (1) (amend. SG 112/01) On the
grounds of the Statements of Facts under Art. 95, par. 1 the chairman of
the Commission for regulation of the communications or an official authorised by
him draws up penalty warrants.
(2) The
penalty warrants may be appealed against in the procedure set forth in the Law
on Administrative Breaches and Penalties.
Art.
97. (revoked, SG 26/03)
Art.
98. (amend., SG 26/03) Where a breach has been established in the
procedure set forth in Art. 95, par. 1 the officials who have drawn up the
Statements are entitled to seize and retain material evidence, related to the
establishment of the breach, in the procedure set forth in Art. 41 of the Law on Administrative Breaches and
Penalties.
Chapter
twelve
ADMINISTRATIVE
PENALTY PROVISIONS
Art.
99. (1) As for universal postal service subject to
individual licensing, anybody providing it without a licence or continuing to
provide it after the licence thereof has been suspended or revoked is punished
with a fine of 1,000 to 10,000 leva.
(2) Anybody
providing non-universal postal services without registration is punished with a
fine of 500 to 5,000 leva.
Art.
100. (1) Anybody violating the terms and conditions of
the individual licence issued thereto is punished with a fine of 500 to 2,000
leva.
(2) Anybody
providing non-universal postal services under registration and failing to
observe the requirements under Art. 60 is punished with
a fine of 200 to 1,000 leva.
Art.
101. Anybody
failing to observe the confidentiality of correspondence that opens somebody
else's parcel or misappropriates it or does any of the acts under Art. 82 is punished with a fine of 500 to 5,000 leva unless the act constitutes a
crime.
Art.
102. Anybody
that has put in the parcels any objects or substances forbidden under Art. 90
and 91 is punished with a fine of 500 to 5,000 leva
unless the act constitutes a crime, and the parcel is seized in favour of the
state.
Art.
103. (1) (prev. text of art.
103 - amend., SG 26/03) Anybody bringing into the country any letter parcels for
international forwarding or for delivery within the country (repostage) for the purpose of using the favourable prices in
the Republic of Bulgaria is punished with a fine of 500 to 5,000 leva.
(2) (new, SG
26/03) A post operator who, for the purpose of forwarding postal consignments
accepted by him, uses without a contract under art. 23 the postal network of the
post operator providing universal postal service, shall be fined by 500 to 3000
leva.
Art.
104. (amend.,
SG 26/03) Anybody that puts into use or uses postage stamps that have been
forged or used or out-of-use ones, or puts into use or uses post seals,
postmarks or pricing machine seals of the post operators that are unregistered
ones or forged ones or out-of-use ones, or uses forged post notices of delivery
or forged international coupon-replies is punished with a fine of 100 to 1,000
leva unless the act constitutes a
crime.
Art.
105. (amend. SG 112/01) (1)
Anybody that fails to provide information upon request
made by the Commission for regulation of the communications, this information
being connected with the application of this Law, or provides untruthful or
incorrect information is punished with a fine of 1,000 to 5,000 leva.
(2) Anybody
interfering with the control under this Law is punished with a fine of 1,000 to
5,000 leva.
Art.
105a.
(new, SG 26/03) A post operator of universal postal service, who does not fulfil
an enacted decision of the Commission for regulation of the communications under
art. 23, para 5 shall be fined by 500 to 2000 levs.
Art.
105b. (new, SG
26/03) For violation of this law, for which no other
penalty is stipulated, the offenders shall be fined by 50 to 500 levs.
Art.
106. (amend., SG 26/03) Legal entities and sole proprietors that
have been found in breach under Art. 99 through 105b are imposed material
sanctions at the amount of the fines provided in the Law.
Art.
106a. (new, SG
26/03) (1) The
fines and the property sanctions under enacted penal provisions shall be
deposited to the bank account of the Commission for regulation of the
communications.
(2) Twenty
percent of the imposed fines and property sanctions stipulated by this chapter
shall remain in the budget of the Commission for regulation of the
communications.
(3) Eighty
percent of the imposed fines and property sanctions shall be transferred to the
revenue of the republican budget.
(4) The penal
provisions issued by the chairman of the Commission for regulation of the
communications or by an official authorised by him shall determine a period of
voluntary fulfilment.
(5) The fines
and property sanctions not collected by the order of para 4 shall be subject to collection by the order of the
Tax procedure Code.
Art.
107. (1) As for a repeated breach under the preceding
Art.s, the punishment is either a fine or a material
sanction, its amount being twice as much as the one imposed
initially.
(2) The
breach is a repeated one if it has been done within one year of the day the
penalty warrant took place, the latter imposing a penalty for a breach of the
same type.
ADDITIONAL
PROVISIONS
§
1. Within
meaning of this Law:
1.
"Accepting the parcels" is the activity of the post operators receiving the
parcels from the senders at the places of access.
2. "Carrying
the parcels" is the activity of post operators including the process from
accepting the parcels to delivering them.
3. "Delivery
of parcels" is the activity starting with sorting at the delivery center and ending with handing over the parcels to the
receivers.
4. "Place of
access" comprises the operator's post office where the senders hand over the
parcels to the operator as well as the main post operator's post-box in a public
place for collecting the unregistered letters.
5. (suppl., SG 26/03) "Correspondence parcel (letter and post
cards)" is a written message on any carrier that is to be carried and delivered
to the address specified on the parcel by the sender. The printed word shall not
constitute correspondence parcels.
6. "The
printed word" is a parcel containing newspapers, periodicals, books, catalogs, reproductions on paper used in printing, the
parcel having the address of the sender and receiver written
thereon.
7. "Small
package" is a parcel containing objects, which have commercial value or not, the
maximum value thereof being up to 2 kg.
8. "Parcel"
is a parcel of definite dimensions and weight that usually contains goods, which
may have commercial value or not.
9. (suppl., SG 26/03) "Postal money orders (remittance and
cheques)" are services for parcel sums from the sender to the receiver or a
transfer of sums through an operator of universal postal service from one
account to another.
10.
"Registered parcels" service provides contracted insurance against the risk of
loss, stealing or damage. The sender is issued a document showing that the
parcel has been accepted and, at his/her request, he/she also receives an advice
of delivery to the receiver.
11. "Declared
value" is a service where the operator assumes responsibility up to the amount
of the content declared by the sender in cases of loss, stealing or
damage.
12. "COD
(cash on delivery)" is a service where the parcel is delivered to the receiver
for payment of a certain sum specified by the sender.
13.
"Consumer" is any person - an individual or a legal entity that uses postal
services either as a sender or as a receiver.
14. "Sender"
is any person - an individual or a legal entity that sends a
parcel.
15.
"Receiver" is any person - an individual or a legal entity that the parcel is
destined for. The receiver is specified in the address of the
parcel.
16. "Post
network" is an aggregate of equipment and departments in technological and
organizational interrelations, comprising post offices, interchange and sorting
points, means of transport and technical equipment used for the purpose of
accepting, carrying and delivering the parcels.
17.
"International parcels" are the ones coming from or destined to another
country.
18.
(amend., SG 26/03) "Courier service" is a postal service at a
price higher than the price of the universal postal service. The courier service
guarantees, besides swiftness and reliability of accepting, carrying and
delivering of the consignments personally to the recipient, the provision of all
or some of the following additional services:
a)
collection from the
sender's address;
b) delivery until a specified date;
c) opportunity for changing the destination and the receiver
while the parcel is in motion;
d) notifying the sender of the delivery of the
parcel;
e) control of and tracing the parcel;
f) personal services to the consumers and providing services "a
la carte" (at choice) in the specified way and at the specified time ("on
demand" and "under a contract").
19. "Bar
code" is a series of lines of different dimensions for identification and
tracing the movement of parcels and postal orders.
20. (amend. SG 112/01) "Standard home correspondence parcel" is a
parcel of the following dimensions: maximum 120/235 mm, minimum 90/140 mm and
maximum thickness 5 mm.
21.
"Force-majeure" is an event that cannot be prevented
or an unforeseen event of emergency nature occurring after the contract has been
signed.
22. (new, SG
26/03) "Direct postal advertising" is a postal consignment, containing
information aiming solely at advertising and marketing. The contents of the information is identical, with exception of
the name, address and identification number of the recipient, as well as with
other changeable data, not changing the nature of the information. The
information is sent to a considerable number of persons and its is delivered to the address indicated by the sender on
the consignment itself or on its packing. Accounts, invoices, financial
statements and other not similar notices shall not be considered postal
advertisement. A postal consignment which, in one and the same packing, includes
direct postal advertisement and other consignments,
shall not be considered direct postal advertising.
23. (new, SG
26/03) "Postal security" is a combination of measures and actions for guarding
and preservation of the postal consignments, monetary resources, property of the
operators, the life and health of the employees and consumers, guaranteeing the
secret of the correspondence, and assistance in disclosing offences committed
against or through the postal network. These measure
shall be implemented by the respective technical devices and qualified
personnel.
24. (new, SG
26/03, revoked – SG 19/05)
TRANSITIONAL
AND CONCLUDING PROVISIONS
§
2. The Law
on Communications is repealed (prom. SG No 27/1975; am.
No 63/1976, No 36/1979, No 36/1986, No 12/1988 & No
77/1996).
§
3.
The
following changes are made in the Law on Concessions (prom. SG No 92/1995,
Decision No 2 of the Constitutional Court of the year 1996 - No. 16/1996; am. No
44/1996; No 61 & 123/1997, No 93/1998, No 23, 56, 64 & 67/1999, No 12/2000):
1. Par. 1,
item 5 of Art. 4 is repealed.
2. Item 2 of
Art. 5 is repealed.
§
4.
(Effective date January 1, 2001) Paragraph 6 is created in Art. 113 of the Law on the Defence and Armed Forces of the Republic of
Bulgaria (prom. SG No. 112/1995; am. No 67/1996
& No 122/1997, No 70, 93, 152 & 153/1998, No 12, 67 & 69/1999, No 49/2000):
"(6) The services under par. 1 through 5 are paid
for by the Ministry of Defence to the post operators that have provided
them."
§
5. The
following amendments are made to the Law on Telecommunications (prom. SG No 93/1998; am. No 26/1999, No
10/2000):
1. Item 5 of
Art. 15 is repealed.
2. The
following amendments are made to Art. 19, par. 1:
a) a new item 2 is created:
"2. licence fees and registration fees for performing
non-universal postal services;";
b) the former items 2, 3, 4 & 5 become items 3, 4, 5 &
6, respectively.
3. Item 7 is
created in Art. 20, par. 1:
"7.
Financial support to the main post operator in performing the universal postal
service under unfavourable financial terms."
4. The words
"as well as the postal messages" in Art. 22, par. 3 are
obliterated.
§
6. (1) (amend., SG 26/03) On
the grounds of Art. 18, par. 4 of the Constitution of the Republic of Bulgaria,
a state monopoly is established until December 31, 2005 on a reserved sector of
the universal postal service provided through a post network. The services in
the reserved sector comprise accepting, carrying and delivering the
following:
1. home
correspondence parcels of up to 350 g whose price does not exceed 5 times the
price of a standard home correspondence parcel of up to 20 g applied by the main
post operator;
2. international incoming and outgoing correspondence parcels of
up to 350 g whose price does not exceed 5 times the price of an airmail
international correspondence parcel of up to 20 g applied by the main post
operator.
(2) (new, SG
26/03) The state shall submit the provision of the
services under para 1 by a licence issued to
"Bulgarian posts" Co.;
(3) (prev. para 2 - SG 26/03) The following are excluded from the services under par.
1:
1. the printed word if not containing or not having enclosed
thereto any messages destined for the receiver;
2. documents
accompanying goods in transportation;
3. exchange of documents between institutions and companies if
done through employees of theirs.
(4) (prev. para 3 - SG 26/03) The prices of services under par. 1 are determined in
accordance with Art. 66 of this
Law.
(5) (prev. para 4 - SG 26/03) Until the period under par. 1 expires, "Bulgarian Posts" EAD
carries out the accounting both as a whole and itemized by reserved and
unreserved sectors of the universal postal service according to Art. 29, par. 3 of this Law.
(6) (prev. para 5 - SG 26/03) In those
cases where the incomes from the reserved sector exceed the expenses, the
difference is used for covering the proved deficit from the services included in
the universal postal service, others than those in the reserved
sector.
(7) (prev. para 6 - SG 26/03) When the
excess of incomes over expenses under par. 5 is not sufficient for covering the
proved deficit from the services included in the universal postal service,
others than those in the reserved sector, and also where the expenses on the
reserved sector exceed the incomes therefrom, the
total deficit is covered from the state budget according to Art. 29 of this Law.
§
7. The
special courier service of the Ministry of Transport and Communications
continues to perform its activities of accepting, carrying and delivery in
accordance with Art. 11, par. 1 of this Law until its being
transformed by the Council of Ministers in compliance with Art. 11, par. 2 of this Law.
§
8. The
Minister of Transport and Communications issues the enactments provided for in
this Law within five months of the effective date of this
Law.
§
9. Within
six months of the effective date of this Law the Minister of Transport and
Communications issues to "Bulgarian Posts" EAD an individual licence for
performing the universal postal service.
§
10. (amend., SG 26/03) "Bulgarian Posts" EAD is exempt from
payment of licence fees until December 31, 2005.
§
11. (1) The persons - individuals and legal entities
performing postal services as on the effective date of this Law are obligated to
take actions within six months for obtaining a licence or registration in the
procedure under this Law. In those cases where they fail to file an application
to the Minister of Transport and Communications within the specified term their
activity is discontinued.
(2) Within
three months of the day the application under par. 1 is filed, the Minister of
Transport and Communications grants or refuses to grant licences or
registrations for non-universal postal services.
§
12. The law
takes effect on August 1, 2000 with the exception of § 4, which takes effect on
January 1, 2001.
The Law
was passed by 38th National Assembly on July 20, 2000 and the official seal of
the National Assembly is affixed thereto.
TRANSITIONAL
AND CONCLUDING PROVISIONS
OF THE LAW FOR AMENDMENT AND SUPPLEMENT
OF THE LAW FOR THE POSTAL SERVICES – SG 112/01
§
46. (1) The individual licenses, issued by the
Minister of Transport and Communications before this law enters into force, for
rendering universal postal service and certificates for implementing non
universal postal services, shall preserve their effect.
(2)
Applications, submitted till this law enters into force by persons, who have not
yet individual licenses for rendering universal postal service and certificates
for implementing not universal postal services, shall be considered by the
Commission for regulation of the communications under the conditions and by the
order of the Law for the postal services.
§
47. In three
months term after this law enters into force the Minister of Transport and
Communications shall submit to the Council of Ministers updated Sector postal
policy of the Republic of Bulgaria in compliance with the Law for the postal
services.
§
48. The
official and the labour legal relations of the employees of the administration
of the Ministry of Transport and Communications, who have supported the Minister
of Transport and Communications in exercising his authorities in connection with
the regulation and the control of the postal services, shall be transferred to
the Commission for regulation of the communications.
§
49. This law
shall enter into force 37 days after its promulgation in State
Gazette.
The law
was passed by the 39th National Assembly on December 20, 2001 and was affixed
with the official seal of the National Assembly.
TRANSITIONAL
AND CONCLUDING PROVISIONS
(SG 26/03)
§
62. This law
shall enter into force on January 1, 2003, with exception of art. 103, para 2, art. 104, art. 105a. and art.
105b.