Information for the postal service users
Information on the postal service legislation
Act No. 221/2012 Coll. amending Act No 29/2000, on Postal Services and on Amendment to Certain Acts (the Postal Services Act), as amended, entered into force on 1 January 2013. (available in the Czech Collection of Laws only in Czech version)
The Postal Services Act lays down the not only obligations of the providers providing postal services or providing foreign postal services, but also rights and obligations of customers - postal services users.
1. Authorisation to providing postal services
Any interested party can provide the postal services of distribution of postal items without any restriction if they meet statutory conditions (see the Conditions for the Provision of Postal Services). If this opportunity is utilized by more entities, users will be able to choose among number of providers. The general rule is that the development of competition leads to better quality of the services provided and better conditions for the users of the services.
From 1 January 2013, the provision of postal services is subject to the obligation of notification to CTU. Postal service business should be notified by means of a form under conditions specified in the Conditions for the Provision of Postal Services.
CTU will maintain an electronic database of providers, where the individual providers can be searched according to the type of services provided and territory where those are provided. This database is publicly available on the CTU web site.
2. Universal services and how they are ensured
It is the interest of both CTU and the state to ensure that the universal services are kept available. The universal services include the most important postal services, including international services, that are essential for the public (ordinary items and parcels, registered items, insured items, postal money orders). A more specific description of the universal services follows the provisions of Section 3 of the Postal Services Act, where it is also stipulated that the universal services have to be provided on a permanent basis throughout the territory of the Czech Republic at the required quality, which meets the needs of the public, and at affordable prices. The universal services have to enable at least one postal collection every working day and at least one postal delivery to the address of any individual or legal entity, except the cases specified by an implementing regulation.
The implementing regulation for Section 3 of the Postal Services Act is The Decree No 464/2012 Coll., on the determination of specifications of individual universal services and basic quality requirements for their provision. This Decree describes in detail the technical specification of the individual universal services, the method of providing the services, the minimum requirements for the accessibility of Post Offices and post boxes, and the information that should be available to postal service users (on request or by posting it at the Post Offices or at the provider’s web site).
Only minimum requirements for the universal services and their availability are specified in the Decree. The Decree is not intended to put any limits (in addition to the obligations set out in the Postal Services Act) on how providers provide their services.
Government order No. 178/2015 Coll., on the determination of the minimum number of workplaces for the provision of universal services became effective on 1 January 2016. This order set that the minimum number of postal licence holders workplaces for ensuring and providing universal services is 3200.
To ensure that the prices of the universal services are affordable, CTU is newly authorised by the Postal Services Act to regulate the prices of the universal services.
3. Rights and obligations of postal service users; consumer protection
Providers have to ensure that the postal conditions are made public and that any interested party is offered to enter into a postal agreement in accordance with those conditions. Postal services are provided on the basis of the postal agreement concluded between the sender and the provider. The relations between the sender, recipient and postal service provider – their mutual rights and obligations – are governed by the provisions of the Postal Services Act and by the signed postal agreement. The provisions of the postal agreement also include the relevant part of the postal conditions concerning the postal service selected by the sender from among the offered options.
CTU is entitled to impose an obligation on a provider to change the postal conditions, if the postal conditions are contrary to the Postal Services Act or any legislation containing consumer protection rules (due to any unfair business practices or any consumer discrimination). Compliance with this obligation can be enforced by imposing fines.
Postal service users can request CTU to review the results of the claims proceedings conducted by the postal service provider.
To ensure that CTU can address the request to institute opposition proceedings against the settlement of a complaint, it is necessary to meet the conditions described in Section 6a of the Postal Services Act. Such a request has to be submitted to CTU within 1 month from the date of delivery of the notice of complaint settlement or within 1 month from the ineffective expiry of the settlement period. Submission of such a request is subject to an administrative fee of CZK 100.
4. The list of legal Regulation
The information concerning the postal services market is intended for information only. Detailed information is contained in relevant legal regulations:
- The Act No. 29/2000 Coll.,on Postal Services and on Amendment to Certain Acts (the Postal Services Act), as amended, especially as amended by the Act No. 221/2012 Coll.
- The Decree No. 432/2012 Coll., on the manner of keeping records of income and revenue of the provider providing postal services or ensuring foreign postal services.
- The Decree No. 433/2012 Coll., on the determination of the content, form and manner of publication of information on results and ensuring the provision of universal services and performance evaluation of quality parameters.
- The Decree No. 434/2012 Coll., establishing a model form of the notification of business in the area of postal services.
- The Decree No. 464/2012 Coll., on the determination of specifications of individual universal services and basic quality requirements for their provision.
- The Decree No. 465/2012 Coll., on the method of keeping separate records of costs and revenues of the postal licence holder.
- The Decree No. 466/2012 Coll., on the method of the Czech Telecommunication Office in calculating the net costs of fulfilling the obligation to provide universal services.
If you have any inquiries, please contact the relevant departments of CTU (see the Directory):
- Information on providing the universal services and on business notification – Department of Communications and Postal Services Regulation.
- Price regulation and the financing of universal services – Department of Economic Regulation.
- Postal market data collection – Department of Communications and Postal Services Regulation.
- Addressing postal service users’ suggestions and complaints – Unit for Dispute Resolution and Consumer Protection Methodology