POSTAL SERVICES ACT

CHAPTER 254

POSTAL SERVICES ACT

To provide for matters relating to the postal services.

9th December, 1975

ACT XXXV of 1975, as amended by Acts XVIII of 1977, XIII of 1983 ,

XXXVIII of 1988 , VI of 1990 , XXIX of 1995 , XI of 1998 , VI of 2001 ,

XXVII of 2002 and VII of 2004 ; Legal Notice 423 of 2007 ; Act XXX

of 2007 ; Legal Notice 346 of 2008 ; Acts XXIII of 2009 and XII of

2010 ; Legal Notices 21 and 180 of 2012; and Acts VIII of 2014 and XVII

of 2025.

PART I

PRELIMINARY

The short title of this Act is the Postal Services Act.

(Article 23)

Accounting procedures

1. Subject to article 23 of this Act and in accordance with any directives as the

Authority may issue, the universal service provider or providers shall keep separate

accounts within their accounting system, for each of the services and products which

are part of the universal service on the one hand and those which are not on the other.

Such internal accounting system shall operate on the basis of consistently applied

and objectively justifiable cost accounting principles.

2. The accounting system referred to in paragraph 1 shall, without prejudice to

paragraph 3, allocate costs in the following manner

(a) costs which can be directly assigned to a particular service shall be so

assigned;

(b) common costs, that is costs that cannot be directly assigned to a

particular service, shall be allocated as follows

(i)

whenever possible, common costs shall be allocated on the basis

of direct analysis of the origin of the costs themselves;

(ii) when direct analysis is not possible, common cost categories shall

be allocated on the basis of an indirect linkage to another cost

category or group of cost categories for which a direct assignment

or allocation is possible; the indirect linkage shall be based on

comparable cost structures;

(iii) when neither direct nor indirect measures of cost allocation can be

found, the cost category shall be allocated on the basis of a

general allocator computed by using the ratio of all expenses

directly or indirectly assigned or allocated, on the one hand, to

each of the universal services and on the other hand, to the other

services;

(iv) common costs, which are necessary for the provision of both

universal services and non-universal services, shall be allocated

appropriately; the same cost drivers must be applied to both

universal services and non-universal services.

3. Other cost accounting systems may be applied only if they are compatible

with paragraph 1 and have been approved in advance in writing by the Authority.

4. The universal service provider shall comply with one of the cost accounting

systems described in paragraphs 1 and 2 which shall be verified by auditors

independent of the provider and the expense of such auditors shall be paid by the

provider. The provider shall publish a statement concerning compliance in two daily

newspapers at least once every calendar year.

5. The Authority shall keep available, to an adequate level of detail,

information on the cost accounting systems applied by the universal service

6. The Authority may request the universal service provider to provide, in

POSTAL SERVICES

confidence, detailed accounting information arising from such cost accounting

7. The Authority may require postal service providers which are obliged to

contribute to a compensation fund to introduce an appropriate accounting separation

to ensure the functioning of the fund.

8. The financial accounts of the universal service provider shall be drawn up,

submitted to audit by an independent auditor and published by the provider in

accordance with the relevant Community and Maltese law relating to commercial

undertakings.

(1)

In this Act, unless the context otherwise requires -

"this Act" includes any regulations made under this Act unless

the context otherwise requires;

"access points" means physical facilities, including letter boxes

provided for the public either on streets, public ways, public

highways or at the premises of the postal service provider or

providers where postal articles may be deposited with the postal

network by senders;

"article of correspondence" means a communication in written

form on any kind of physical medium to be conveyed and delivered

at the address indicated by the sender on the article itself or on its

wrapping but does not include books, catalogues, newspapers and

periodicals;

"authorisation" means any permission however so described

issued in accordance with this Act, setting out rights and

obligations specific to the postal sector and allowing operators to

provide postal services and, where applicable, to establish and, or

operate their networks for the provision of such services in the

form of a general authorisation or an individual licence as defined

under this article;

"authorised provider" means any person who holds a valid

licence or authorisation to operate or provide postal services;

" A u th or it y " m e a n s t he M a lt a C om m un ic a ti on s A ut ho ri ty

established under the Malta Communications Authority Act;

"basic counter service" means a network of access points

distributed throughout Malta providing postal services including

the sale of stamps, registration of mail, parcel collection and

delivery;

"clearance" means the operation of collecting postal articles by a

postal service provider;

"cross-border mail" means mail to or from another country;

"customs duty" includes value added tax or any other tax where

payable upon importation;

"data protection" includes personal data protection, the

confidentiality of information transmitted, shared or stored, and

protection of privacy;

"decision" includes any determination, direction, measure,

requirement or specification, however so described, made by the

Authority;

"direct mail" means a communication consisting solely of

advertising, marketing or publicity material and comprising an

identical message, except for the addressee’s name, address and

identifying number as well as other modifications which do not

alter the nature of the message, which is sent to a significant

number of addressees, to be conveyed and delivered at the address

indicated by the sender on the article itself or on its wrapping and

includes cross-border as well as inland mail. Bills, invoices,

financial statements or other non-identical messages and

communications combining direct mail with other articles within

the same wrapping shall not be included as direct mail

Provided that the Authority shall interpret the term

"significant number of addressees" in relation to direct mail and

p u bl i s h by n ot i c e i n t h e G a z e t te an d o n t h e w e b s i te of t he

Authority, an appropriate definition from time to time;

"distribution" means the process from sorting at the distribution

centre to delivery of postal articles to their addressees;

"essential requirements" means general non-economic reasons

which can induce the Authority to impose conditions on the supply

of postal services. These reasons are the confidentiality of

correspondence, security of the network as regards the transport of

dangerous goods, respect for the terms and conditions of

employment, social security schemes laid down by law or

administrative provision and, or by collective agreement between

national social partners, in accordance with Community and

national law, and where justified, data protection, environmental

protection and regional planning;

"fictitious stamp" means any facsimile, imitation or

representation of a postage stamp;

"foreign" used in relation to a postal article means posted in

Malta and addressed to any country or place outside Malta, or vice

versa;

"Gazette" means the Malta Government Gazette;

"general authorisation" means an authorisation regardless of

whether it is regulated by a ‘class licence’ and regardless of

whether such regulation requires registration or declaration

procedures, which does not require the postal operator concerned to

obtain an explicit decision by the Authority before exercising the

rights stemming from the authorisation;

"Government" means the Government of Malta;

"individual licence" means an authorisation which is granted by

the Authority and which gives a postal operator specific rights, or

which subjects the operations of that operator to specific

oblig at ions suppl ementin g the general aut hori sati on where

applicable, where the postal operator is not entitled to exercise the

rights until it has received the decision by the Authority further to

the operator’s application for such authorisation;

"inland" used in relation to a postal article means posted in Malta

and addressed to any place in Malta;

"insured article" means a service insuring a postal article up to

the value declared by the sender in the event of loss, theft or

damage;

"interested parties" includes licensed postal service operators,

manufacturers, registered consumer associations registered in

accordance with the Consumer Affairs Act and any postal users’

groups duly recognised as such by the Authority which groups must

satisfy any criteria that the Authority with the consent of the Minister

may by notice in the Gazette prescribe;

"letter" includes all postal articles which may by regulations be

transmitted through the post at letter rates;

"letter-box" includes every pillar box, wall box, and every other

box or receptacle provided in a place accessible to the public under

the permission of the Authority for the purpose of receiving postal

articles for collection by a postal operator and delivery to the

addressee;

"mail bag" includes any bag, box, parcel, envelope, or covering

in which postal articles in course of transmission by post are

conveyed, whether it does or does not contain any such article;

"mail ship" means any ship or aircraft employed for the conveyance

of mail, pursuant to a contract or arrangement made by a postal

operator or by an entity performing similar functions in another

country;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"master of a ship" means the person for the time being in charge

or command of a vessel used in navigation, or of an aircraft, but

does not include the pilot of a vessel used in navigation;

"Minister" means the Minister responsible for posts, and includes

any person authorised in that behalf by such Minister;

"officer of a postal operator" includes every person employed in any

business carried by a postal operator or is acting for or on behalf of a

postal operator;

"parcel" means a postal article which is not an item of

correspondence, the weight of which does not exceed twenty

kilograms (20kg) and the dimensions of which fall within the limits of

size laid down in Agreements concerning Postal Parcels adopted by

the Universal Postal Union as may be amended from time to time, or

by any other convention as the Authority may prescribe;

"person" includes an association or body of persons, whether

corporate or not;

"pilot" means the person in charge or command of an aircraft;

"post office" includes any branch or subdivision of a postal operator,

and any house, building, room, vehicle, place or device used for the

purposes of the postal operator, and any letter-box;

"postage" means the fees chargeable for the transmission by post

of postal articles;

"postage stamp" means any stamp for denoting postage or other

fees or sums payable in respect of postal articles, and includes

adhesive postage stamps and stamps printed, embossed, impressed

or otherwise indicated on any envelope, card, wrapper, postcard or

other article, whether such postage stamp is issued under this Act

or by the Government of a foreign country or by a Postal

Administration recognised by the Minister;

"postal article" means an article addressed in the final form in

which it is to be carried by a postal operator. In addition to articles

of correspondence, such articles also include books, catalogues,

newspapers, periodicals and postal parcels, however so described,

including packages containing merchandise with or without

commercial value;

"postal network" means the system of organization and resources

of all kinds used by the universal service provider or providers for

the purposes in particular of

(i)

the clearance of postal articles covered by a universal

service obligation from access points throughout

Malta,

(ii)

the routing and handling of those postal articles from

the postal network access point to the distribution

centre,

(iii) distribution to the addresses shown on postal articles;

"postal operator" means any person authorised to supply one or

more postal services as defined in this Act in Malta and other

countries and includes any person who carries on within or outside

Malta any business or activity relating to postal services including

any services that are ancillary to postal services;

"postal services" means services involving the clearance, sorting,

transport and distribution of postal articles

Provided that the provision of a service of transport alone shall

not be considered as a postal service;

"postcard" means any card admissible as a postcard in

accordance with this Act or under any regulation made under this

Act and includes a reply postcard;

"prescribed" means prescribed by regulations made under this

Act;

"printed matter" includes any newspaper and any record, tape,

film or other means whereby words or visual images may be heard,

perceived or reproduced;

"private letter-box" means any box, receptacle or slot which the

owner or occupier of any premises has provided for the receipt of

postal articles addressed to those premises;

"prohibited" used in relation to importation or exportation

includes any restriction on such importation or exportation;

"registered article" means a service providing a flat-rate

guarantee against risks of loss, theft or damage and supplying the

sender, where appropriate upon request, with proof of the handing

in of the postal article and, or of its distribution to the addressee;

"scheme" unless the context otherwise requires, means a postal

services scheme made in accordance with article 76A;

"se nder" m eans a legal or n atu ra l pe r s on res po ns ib le f or

originating postal articles;

"services provided at single piece tariff" means postal services

for which the tariff is set in the general terms and conditions of

universal service provider or providers for individual postal

articles;

"terminal dues" means the remuneration of the universal service

provider or providers for the distribution of incoming cross-border

mail comprising postal articles from another country;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act;

"uni versal servi ce" shall have the meaning given to it in

accordance with article 17;

"universal service provider" means the postal operator providing

the universal postal service or parts thereof within Malta as may be

designated by the Authority;

"users" means any legal or natural person benefitting from postal

service provision as a sender or an addressee;

"working day" means a day which is not a Sunday or public holiday.

(2) Any reference in this Act to Customs, Customs duty or laws

and regulations relating to Customs, shall include a reference to

any prohibition of, and any licence or permits required for, the

importation or exportation of goods into or out of Malta, and to any

laws and regulations relating thereto.

PART II

REGULATION AND ADMINISTRATION OF POSTAL SERVICES

(Article 17(2))

The universal service in the context of the provision of postal services for the

purposes of this Act means

(a) that on not less than five (5) working days a week, save in

circumstances deemed exceptional by the Authority, there shall be at

least

(i)

one (1) clearance of postal articles; and

(ii)

one (1) delivery to the home or premises of every person in

Malta or, as the Authority considers appropriate, under such conditions as

it may determine from time to time, to appropriate installations

Provided that the Authority may determine the working days

when the universal service is to be provided;

(b) that as a minimum the following services are provided

(i)

the clearance, sorting, transport and distribution of postal

articles up to two kilograms (2kg) in weight;

(ii)

the clearance, sorting, transport and distribution of parcels

up to ten kilograms (10kg) in weight

Provided that parcels received from other Member States of

the European Union and other countries which are signatories to the

Universal Postal Convention of the Universal Postal Union, and weighing

up to twenty kilograms (20kg), are delivered throughout Malta;

(iii)

services for registered articles;

(iv) services for insured articles within Malta and to and from all

countries which, as signatories to the Universal Postal Convention of the

POSTAL SERVICES

Universal Postal Union, declare their willingness to admit such items

whether reciprocally or in one (1) direction only;

(v)

services free of charge for the blind or partially sighted

persons as may be determined by the Authority; and

(vi)

a basic counter service throughout Malta.

The Authority is designated as the competent regulatory

authority for the postal sector and shall monitor and ensure compliance

with this Act and any regulations made thereunder.

(Deleted by XII.2010.22).

(Deleted by XII.2010.22).

(Deleted by VII.2004.33)

(Deleted by VII.2004.33)

(1) A person shall only provide or operate a postal service

in Malta if he is authorized as a postal operator in accordance with

this Act

Provided that without prejudice to the generality of the

above requirement, a person shall be deemed to have acted contrary

to this subarticle if he -

(a) performs any service incidental to the conveyance of a

postal article in breach of this subarticle; or

(b) sends, tenders or delivers, in order to be sent, any

postal article in breach of this subarticle; or

(c) makes a collection of postal articles for the purpose of

sending them in breach of this subarticle.

(2) An authorisation granted to a person under this Act shall

not relieve such person from the requirement of any other licence

or other authorisation, or from any obligation arising under any

other law.

(3) The provisions of this article shall not be contravened by

any activities listed as being exempt from the said provisions in

regulations which the Minister after consultation with the Authority

may from time to time prescribe.

(1)

An authorization to operate or provide postal services

shall

(a) in respect of services within the scope of the universal

service in order to guarantee compliance with the

essential requirements and to ensure the provision of

the universal service, be by an individual licence

granted by the Authority in accordance with this Act;

or

(b) in respect of services outside the scope of the universal

services in order to guarantee compliance with the

essential requirements, be by a general authorization

notified to the Authority in accordance with this Act

Provided that a postal operator authorized to provide postal

services in accordance with this Act shall only provide such postal

services in accordance with the authorization that it enjoys.

(2) The procedures stipulated for the issue and, or granting of

any authorization under this Act shall be transparent, accessible,

non-discriminatory, precise and unambiguous and shall be made

public in advance and based on objective criteria.

(Deleted by Act VIII. 2014.5).

(Deleted by Act VIII. 2014.5).

(Deleted by Act VIII. 2014.5).

(Deleted by XII.2010.27).

(Deleted by XII.2010.27).

(Deleted by Act VIII. 2014.5).

(Deleted by XII.2010.29).

(1) In relation to any individual licence granted under this

Act or at any time during the validity of any such licence, the

Minister may also by legal notice order that where on any date as

may be specified by the Minister any premises are held under a title

of lease, emphyteusis or similar title by the Government of Malta

and are used as a post office, such premises shall as from a date and

or such time as may be specified by the Minister, be held by such

person or body of persons holding a licence under this Act as the

Minister may designate, under the same title under which they were

held by the Government and such order shall have effect for such

period or periods as may be specified in the order or in any

extension thereof notwithstanding anything contained in any other

law or in any deed, instrument or contract whatsoever, as if the

deed, instrument or contract granting title to said premises were

entered into with such person or body of persons as aforesaid. Upon

the expiration of such period or periods as may be specified under

this article or upon the revocation of any order as aforesaid by the

Minister, the premises subject to any order as aforesaid shall revert

to Government under the same title and conditions under which

they were held by Government prior to the making of any said

order.

For the purposes of this article "conditions" shall include

any right to periodic renewal of a lease granted under any law

applicable to any lease held by Government prior to the making of

an order under this article.

(2) Where any premises were at any time held by Government

under a title of lease and were still used as a post office on the date

of issue of a licence under this Act such lease shall in any case be

deemed to have continued in favour of Government up to the date

of the making of an order in terms of the provisions of subarticle

(1) and the said provisions shall apply and shall have effect in

respect of such premises.

(3) When the premises used as a post office consist of part of

larger premises subject to a lease in favour of Government, the said

lease shall remain in force in favour of Government and that part of

the premises used as a post office may, notwithstanding the

provisions of any other law or of any deed, instrument or contract

whatsoever, be granted on sub-lease by Government to a person or

body of persons holding a licence under this Act for use as a post

office.

(4) In relation to any individual licence granted under this Act

or at any time during the validity of any such licence, the Minister

may by legal notice order that where any premises owned by

Government or held by Government in terms of the provisions of

any law were on any day as may be specified by him used by the

Government as a post office, the Commissioner of Land may,

notwithstanding the provisions of the Disposal of Government

Land Act, lease for use as a post office or in connection with the

provision of postal services whether exclusively or otherwise or,

when the premises are Government property, transfer under any

title as the case may be, such premises to any person or company as

may be designated by the Minister and holding a licence under

article 5A under such conditions as may be considered suitable

without the need of any resolution or other procedure required by

the said Disposal of Government Land Act.

(Deleted by XII.2010.31).

(1) Users at all points in Malta shall enjoy the rights to a

universal service involving the permanent provision of a postal

service of a quality as may be prescribed by the Authority, at

affordable prices for all users.

(2) The universal service in the context of the provision of postal

services for the purposes of this Act means the services listed in the

Second Schedule, which services and any such conditions applicable

thereto as may be listed in the said Schedule may, from time to time,

be amended by the Minister after consultation with the Authority by

means of an order..

(3) The universal service as defined in the Second Schedule

covers both inland and cross-border services.

(4) For the purposes of the provision of a universal service, the

minimum and maximum dimensions for postal articles shall be

those laid in the relevant provisions adopted by the Universal

Postal Union, as amended from time to time.

(1) The Authority may designate one or more postal

operators to provide different elements of the universal service and,

or cover different parts of the national territory, and in so doing the

Authority shall also determine the rights and obligations applicable

to the postal operator concerned

Provided that the Authority may, withdraw, amend or

suspend any designation made under this sub-article, provided that

prior to the effective date of any such withdrawal, amendment or

suspension, the Authority may, where applicable, designate another

postal operator in respect of the service affected by any such

withdrawal, amendment or suspension.

(2) The Authority may ensure the provision of universal

services by procuring such services in accordance with the

applicable public procurement rules and regulations, by

competitive dialogue or negotiated procedures with or without

publication of a contract notice.

(3) A universal service provider shall meet the following

requirements with respect to provision of the universal service

(a) guarantee compliance with the essential requirements;

(b) ensure that an identical service is offered to users

under comparable conditions;

(c) ensure that the service is made available without any

form of discrimination whatsoever whether arising

from political, religious, racial, gender or ideological

considerations;

(d) ensure that the service is not interrupted or stopped

except in cases of force majeure; and

(e) ensure that the service evolves in response to the

technical, economic and social environment and to the

needs of users.

POSTAL SERVICES

(1) A postal service is within the scope of the universal

service if

(a) the service is within the description of the universal

service, or

(b) the service would be within the description of the

universal service but for the fact that -

(i)

in the case of a service consisting of the

clearance and delivery of postal articles, the

clearance or delivery is not made on every

working day as required in accordance with

paragraph (a) of the Second Schedule, or

(ii) the service is not provided throughout Malta, or

(iii) the service is not provided at an affordable price

in accordance with a uniform tariff applicable

throughout Malta pursuant to article 21, or

(c) the Authority determines that the postal service is of a

kind that, having regard to postal service users, could

reasonably be said to be interchangeable with a service

of a description set out in article 17.

(2) In this article any reference to a service includes a part of

that service.

(Deleted by Act VIII. 2014.8).

(Deleted by XII.2010.33).

(Deleted by Act VIII. 2014.8).

The tariffs for each of the services provided by a universal

service provider which form part of its universal service shall

comply with the following principles

(a) prices must be affordable and must be such that all

users have access to the services provided;

(b) prices must be cost-oriented and give incentives for an

efficient universal service provision;

(c) with the consent of the Minister, the Authority may

decide that an uniform tariff shall be applied

throughout Malta to services provided at single piece

tariff and to other postal articles;

(d) the application of a uniform tariff shall not exclude the

right of the universal service provider to conclude

individual agreements on prices with customers;

(e) tariffs must be transparent and non-discriminatory;

(f)

whenever universal service providers apply special

tariffs, for example for services for businesses, bulk

mailers or consolidators of mail from different users,

they shall apply the principles of transparency and

non-discrimination with regard both to the tariffs and

to the associated conditions

Provided that the tariffs together with the associated

conditions, shall apply equally both as between

different third parties and as between third parties and

the universal service provider supplying equivalent

services

Provided further that any such tariffs shall also be

available to users, in particular individual users, small

and medium sized enterprises who post under similar

conditions.

(1) In order to ensure the cross-border provision of the

universal service, the universal service provider shall, where

appropriate international legal frameworks so allow, arrange in its

agreements on terminal dues for cross-border mail that the

following principles are respected

(a) terminal dues shall be fixed in relation to the costs of

processing and delivering incoming cross-border mail,

(b) levels of remuneration shall be related to the quality of

service achieved, and

(c) terminal dues

shall

be

transparent

and

non-

discriminatory.

(2) The implementation of the principles set out in subarticle

(1) may include transitional arrangements, designed to avoid undue

disruption on postal markets or unfavourable implications for

economic providers of postal services, provided there is agreement

between the operators of origin and receipt. Such arrangements

shall, however, be restricted to the minimum required to achieve

these objectives.

The accounting procedures of the universal service

provider shall be conducted in accordance with the Schedule. The

Minister may, after consulting the Authority, by legal notice amend

the Schedule.

(Deleted by XII.2010.38).

(1) The Authority shall prescribe quality standards for

inland mail which standards shall be compatible with those for

Intra-Community cross-border mail as established by the European

Parliament and Council.

(2) The Authority shall monitor the performance by a universal

service provider of the universal service in accordance with the

quality standards for inland mail.

(3) The Authority may provide for exemptions from any

quality standards as may be prescribed in accordance with this Act,

if it is satisfied that exceptional situations relating to infrastructure

or geography so require.

(Deleted by XII.2010.40).

(Deleted by XII.2010.40).

(Deleted by XII.2010.40).

The postal operator shall not incur any liability for

compensation by reason of loss, misdelivery, or delay of, or

damage to, any postal article in the course of transmission by post,

unless such compensation -

(a) has been agreed to by the postal operator and the

sender, or

(b) has been established by regulations as may from time

to time be prescribed under this Act, irrespective of the

value of the article

Provided neither the Authority or any of its officers or any

officer of a postal operator shall incur any liability by reason of any

such loss, misdelivery, delay, or damage, unless the same has been

caused in bad faith or recklessly.

(Deleted by XII.2010.40).

(Deleted by XII.2010.41).

(Deleted by XII.2010.41).

15. PART III

CUSTOMS

Subject to the provisions of this Act and to any exceptions

and modifications made by regulations under article 32, the

provisions of all laws and regulations for the time being in force

relating to Customs shall apply to goods contained in any postal

article received from abroad, in like manner, as far as is consistent

with the tenor thereof, as they apply to other goods; and in relation

to those goods, persons may be punished for offences against the

said laws and regulations, and goods may be examined, seized and

forfeited, and the officers examining and seizing them shall be

protected, and legal proceedings in relation to the matters aforesaid

may be taken accordingly, under the said laws and regulations.

(1) Any postal article containing goods subject to the

payment of Customs duty shall, unless specially exempted by

regulations made under this Act, be accompanied by or bear a

declaration of the contents and of the value of the goods.

(2) No letter posted in Malta for delivery in a country which

has not given its consent to the admission of dutiable goods by

letter post, shall contain any such goods.

(3) Goods, subject to the payment of Customs duty, posted or

tendered for conveyance by post in contravention of the foregoing

provisions of this article, may be detained and returned to the

sender.

(4) Goods concealed or packed in any postal article in such a

manner as to reveal a fraudulent intention on the part of the sender

or addressee to evade the payment of Customs duty shall be

confiscated by the Comptroller of Customs

Provided that where the postal operator or the Authority have

reason to believe that the provisions of this subarticle may have been

contravened they shall withhold delivery of the postal article to its

addressee and shall inform the Comptroller of Customs accordingly.

(5) Postal articles unaccompanied by a declaration of contents

and value as aforesaid, or accompanied by a false declaration of

either contents or value, or bearing a false indication of contents, or

containing goods the importation or exportation whereof into or out

of Malta is prohibited, may be confiscated, together with their

contents, by the Comptroller of Customs

Provided that where the postal operator or the Authority have

reason to believe that the provisions of this subarticle may have been

contravened they shall withhold delivery of the postal article to its

addressee and shall inform the Comptroller of Customs accordingly.

(6) In either of the cases contemplated in subarticles (4) and

(5), the sender or addressee may, within three months of the

notification to the addressee of such confiscation, take proceedings

against the Comptroller of Customs to show cause why such goods

should not be released.

(1) All postal articles, except letters, received from abroad

may be opened and examined at any post office by an officer of the

Customs in the presence of an officer of a postal operator, for the

purpose of enforcing the provisions of any law or regulation

relating to Customs.

17. (2) Such postal articles, after being opened, shall be repacked

in a suitable cover, secured by a seal, bearing the inscription

"Opened by Customs".

(3) Letters containing articles liable to Customs duty

accompanied by a declaration of contents and value, and bearing on

the outside a declaration that they may be opened officially, may be

opened under the same conditions laid down in the two preceding

subarticles.

(4) If any letter received from abroad not bearing a declaration

that it may be opened officially, is reasonably suspected to contain

goods subject to payment of Customs duties or the importation of

which into Malta is prohibited, the Authority may direct that it be

opened in such a manner as the Authority thinks fit, in the presence

of the addressee, or in his absence, if, having been notified in

writing to attend at the opening, the addressee shall fail to do so

within seven working days

Provided that where a postal operator has a reasonable cause

to suspect that the provisions of subarticle (4) has been contravened,

the postal operator shall not deliver the postal article to its addressee

and shall notify the Comptroller of Customs accordingly by the next

working day.

Where a postal article, on which any customs duty is

payable, has been received by post from any place outside Malta,

the amount of such duty shall, without prejudice to the operation of

any law in terms of which such duty is due, also be recoverable as

if it were postage under this Act.

(1) Every master of a ship, not being a mail ship, which is

about to depart from any port or place in Malta to any port or place

beyond Malta shall receive on board any mail bags tendered to him

for conveyance by any officer of a postal operator, shall grant a

receipt therefor to the said officer, and shall without delay and after

taking all necessary measures and precautions for the safety of the

mail bags, deliver the same to the postal authorities at the port or

place of destination of the ship.

(2) The master of any ship receiving on board any mail bag

under the foregoing provisions of this article shall be entitled to the

immediate payment of such gratuity as may be payable for the

service to be given under those provisions in accordance with the

rates established by the Authority and published in the Gazette.

(3) The provisions of subarticle (1) and (2) shall mutatis

mutandis apply also to the conveyance of mail bags from one place

to another within Malta.

PART IV

POSTAGE STAMPS

(1) The Minister shall be responsible for the approval of

postage stamp issues and the formulation of a programme in respect

of postage stamp issues

Provided that in doing so the Minister shall consult a stamp

advisory board consisting of a chairman and not less than four and

more than eight other members appointed by the Minister for a term

of not more than three years, which term may be renewed. Subject

to the issue of any regulations made under this Act, the Board shall

regulate its own procedure in the conduct of its business

Provided further that the Minister may be order in the

Gazette delegate his functions under this article to a public officer

not below the grade of director within his Ministry.

(2) The Minister may, after consultation with the postal

operators concerned, by notice published in the Gazette, direct that

any postage stamps, in use at the time of such notice, shall be no

longer valid for prepayment of postage, and from and after any day

stated in such notice, any postal article stamped with postage

stamps so invalidated, shall be deemed to be not duly stamped for

the purposes of this Act and of any directives or regulations made

thereunder

Provided that any person, having in his possession any

postage stamps invalidated by the Minister as aforesaid, may at any

time within two months after the day stated in the said notice,

surrender the same to a postal operator, who shall exchange them

for other valid postage stamps of an equal value.

(Deleted by XII.2010.46).

19.

(Deleted by XII.2010.46).

PART V

TRANSMISSION AND DELIVERY OF POSTAL ARTICLES

(Deleted by XII.2010.48).

(1) All premises shall be provided by their respective

owner or occupier with an adequate private letter-box so as to

enable the delivery by a postal operator of postal articles addressed

to his premises

Provided that for the purposes of this article, the term

"owner" shall include, in respect of any property, the administrator

of such property and where the property is subject to a usufruct, or

is given on emphyteusis or sub-emphyteusis, the expression shall

be deemed to refer to the usufructuary, the emphyteuta or the sub-

emphyteuta as the case may require.

(2) Every owner who fails to comply with the provisions of this

article shall be guilty of an offence and shall be liable, on

conviction, to a fine (ammenda) not exceeding one hundred euro

(€100)

Provided that the Authority in special circumstances may in

writing exempt persons from complying with the provisions of this

article.

(3) The postal operator may refuse to deliver any postal article

where the premises to which it is addressed is not provided with a

private letter-box as required in subarticle (1) or the private letter-

box provided is such that the postal article cannot be placed in the

box through an opening in the box adequate for the purpose; and in

any such case the postal operator may return the postal article to the

sender, under such conditions as he may deem fit, or otherwise deal

with it as he may deem appropriate.

(4) A postal operator may also refuse to deliver any postal

article where the premises to which it is addressed may be of threat

to the health and personal safety of the officer of a postal operator.

(Deleted by XII.2010.50).

For the purposes of this Act -

(a) a postal article shall be deemed to be in course of

transmission by post from the time of its being

delivered to a post office to the time of its being

delivered to the addressee, or of its being returned to

the sender or otherwise disposed of under article 43;

(b) the placing of a postal article in any post office letter-

box, or the delivery of a postal article to an officer of a

postal operator authorised to receive such postal

article for transmission by post, shall be deemed to be

delivery to a post office;

(c) the delivery of a postal article at the house or office of

the addressee, or to the addressee or to his servant or

agent or other person considered to be authorised to

receive the article according to the usual manner of

delivering postal articles to the addressee, shall be

deemed to be delivery to the addressee;

(d) when the addressee is a guest or a resident at a hotel,

lodging house, club, hospital, institution or place of

work, a postal article shall be deemed to have been

delivered to the addressee if delivered to the person

who, as owner or manager of any such place as

aforesaid or as agent for or an employee in any such

place, is considered to be responsible for receiving

postal articles

Provided that if the postal article so deemed to

have been delivered is not claimed by or forwarded to

the addressee within one month, the person

responsible for or in charge of the hotel, lodging

house, club, hospital, institution or place of work shall,

in the absence of contrary instructions of the

addressee, return forthwith the postal article to the

postal operator who shall dispose of such postal article

as provided under the provisions of article 23.

(1) The postal operator may refuse to transmit abroad any

postal article containing anything which is prohibited entry by the

country of destination; and if any such postal article is detected in

the course of transmission, the postal operator may return it to the

sender under such conditions as he may deem fit or otherwise deal

with it as he may deem appropriate.

(2) The postal operator may also return to the sender under such

conditions as he may deem fit or otherwise deal with it as he may

deem appropriate, any postal article which is in course of transmission

by post whenever he is satisfied that such postal article has been

posted by mistake or has been posted with wrong or missing contents.

(3) The postal operator shall keep a register recording any actions

he takes in pursuance of the provisions of this article and shall when

requested by the Authority forward to it information on the actions

taken.

(Deleted by XII.2010.52).

(Deleted by XII.2010.52).

(Deleted by XII.2010.52).

26.

(Deleted by XII.2010.54).

(Deleted by XII.2010.54).

(Deleted by XII.2010.54).

29.

(Deleted by XII.2010.55).

(Deleted by XII.2010.55).

(Deleted by XII.2010.55).

(Deleted by XII.2010.55).

32.

(Deleted by XII.2010.56).

(Deleted by XII.2010.56).

(1) Every master of a ship, not being a mail ship, which is

about to depart from any port or place in Malta to any port or place

beyond Malta shall receive on board any mail bags tendered to him

for conveyance by any officer of a postal operator, shall grant a

receipt therefor to the said officer, and shall without delay and after

taking all necessary measures and precautions for the safety of the

mail bags, deliver the same to the postal authorities at the port or

place of destination of the ship.

(2) The master of any ship receiving on board any mail bag

under the foregoing provisions of this article shall be entitled to the

immediate payment of such gratuity as may be payable for the

service to be given under those provisions in accordance with the

rates established by the Authority and published in the Gazette.

(3) The provisions of subarticle (1) and (2) shall mutatis

mutandis apply also to the conveyance of mail bags from one place

to another within Malta.

(Deleted by XII.2010.57).

(Deleted by XII.2010.57).

(Deleted by XII.2010.57).

(Deleted by XII.2010.57).

38. PART VI

OFFENCES AND ENFORCEMENT

Any person who -

(a) assaults or obstructs or impedes any officer, employee

or agent of a postal operator in the exercise of his

duties with such an operator;

(b) uses any postal service, and as a result causes any

injury or alarm or is likely to cause any injury or

alarm;

(c) for the purpose of sending a postal article by post, uses

a fictitious stamp or purports to prepay such postal

article with any stamp which has been previously used

to prepay any other postal article, or which has

otherwise been previously used for any other purpose;

(d) without any lawful authority makes use of any seal,

instrument or mark used by the Authority or by a

postal operator for marking any postage stamp or for

affixing any other mark;

(e) places in or against any letter-box provided by a postal

operator for the reception of postal articles, any fire or

any explosive, dangerous, dirty, noxious or deleterious

substance of any fluid, or commits a nuisance in or

against any such letter-box, or does anything likely to

injure any such letter-box or its appurtenances or

contents;

(f)

without due authority affixes any placard,

advertisement, notice, list, document, board or other

thing in or on, or paints, tars or in any way disfigures

any post office;

(g) detains, except under the authority of this Act or in

obedience to an order by the Authority or by the

competent court or tribunal, any postal article in

course of transmission by post, or any officer of a

postal operator or any vehicle carrying mails bags or

postal articles, or on any pretence opens a mail bag in

course of transmission by post, or fails to return a

postal article to the postal operator as required by the

proviso to article 42(d);

(h) maliciously opens or causes to be opened any postal

article which ought to have been delivered, or

maliciously does any act whereby the due delivery of a

postal article, is prevented or delayed, or

communicates or makes use of any information

obtained from a postal article so opened,

shall be guilty of an offence under this Act and shall, on conviction,

be liable to a fine (multa) of between one thousand euro (€1,000)

and twenty-five thousand euro (€25,000), or to imprisonment for a

term from one to twelve months, or to both such fine and

imprisonment.

(Deleted by XII.2010.61).

(1) Proceedings for an offence under this Act committed

by a postal operator or a person providing postal services shall only

be undertaken

(a) at the written request of the Authority; or

(b) after prior notification in writing by the prosecuting

authority to the Authority and following the written

reply of the Authority which shall be given due

consideration.

(2) Notwithstanding anything contained in the Criminal Code,

an appeal to the court of competent jurisdiction shall lie to the

prosecution against any judgement delivered in any proceedings

with respect to an offence under this Act.

(3) The Authority may assist in or conduct the prosecution with

respect to any offences under this Act.

(Deleted by XII.2010.63).

(1) Any person who sends or tenders, or makes over in

order to send by post any creature, or any article or thing of any

kind, or any sharp instrument, including but not limited to any

explosive, inflammable, dangerous, dirty, noxious or deleterious

substance, which is likely to soil or damage other postal articles in

the course of their transmission by post or to physically injure and,

o r t h r e a t e n i n a n y m a n n e r a n y p e r s o n o r p e r s o n s sh a l l , o n

conviction, be liable to a fine (multa) of between one thousand euro

(€1,000) and twenty-five thousand euro (€25,000), or imprisonment

for a term from one to twelve months, or to both such fine and

imprisonment

Provided that such a penalty shall not apply to postal

articles which contain articles generally or specifically permitted

by the postal operator concerned.

(2) Subject to the provisions of this Act, if a postal operator has

reason to believe that any postal article has been posted or sent by

post in breach of subarticle (1), the postal operator shall withhold

delivery of any suspect postal article to the addressee and shall

refer the postal article to the Police forthwith. The postal operator

may, with the consent of the Police, return the postal article to its

sender or forward it to its destination or destroy or otherwise

dispose of such article as the case may be. In all cases, the postal

operator shall inform the Authority of any suspect postal article and

of any action taken in relation to it within the next working day.

(3) Notwithstanding the provisions of subarticle (2), any postal

article which is reasonably believed to contain any explosive,

inflammable, noxious, dangerous or deleterious substance or other

thing which may expose any person to injury shall be immediately

referred to the competent authorities as the case may be. The postal

operator shall also inform the Authority thereof forthwith.

(4) Where a postal article has been detained under subarticles

(2) and (3), the sender of such article shall be liable to prosecution

as if such article has been delivered in due course by post.

(5) In case of a postal article addressed to a person legally

entitled to provide television broadcasting services in Malta which

consists of audiovisual material which has been posted or sent by

post only for the purpose of its being broadcast on television

according to the provisions of the broadcasting legislation, the

postal operator shall immediately refer the matter to the Authority

which, if satisfied that the said article has been posted or sent by

post for such purpose, shall direct the postal operator to deliver

such postal article to the addressee without further examination.

(Deleted by XII.2010.65).

(Deleted by XII.2010.65).

(Deleted by XII.2010.65).

(Deleted by XII.2010.65).

(1) Every master of a ship or a pilot of an aircraft having

on board any postal article or mailbag which is directed to Malta,

shall, immediately on arriving in Malta, cause such postal article or

mail bag to be delivered to the postal operator entitled to receive

the same

Provided that if the agent of a ship or aircraft is aware of

the presence on board of any such postal article or mail bag, or that

any such article or bag has been removed from such ship or aircraft,

he shall, without delay, bring such fact to the notice of the postal

operator concerned.

(2) A person acting in breach of any of the provisions of this

article shall, on conviction, be liable to a fine (multa) of between

two hundred euro (€200) and two thousand euro (€2,000).

Any master of a ship arriving at any port or place in Malta,

or any person on board such ship or aircraft who knowingly has in

his baggage or in his possession or custody, after the postal articles

on board or any of them have been sent to the postal operator

concerned any postal article shall be liable, on conviction, to a fine

(multa) not exceeding one thousand and one hundred and sixty euro

(1,160).

It shall be lawful for any Customs or Police officer to seize

any mail bag or postal article found on board any ship or aircraft in

any place in Malta, in respect of which any provision of this Act

has been infringed, and in any such case such officer shall also

inform the Authority of any such seizure.

(Deleted by XII.2010.68).

(Deleted by Act VIII. 2014.12).

Nothing in this Act shall affect the operation of the

Criminal Code or of the Code of Police Laws or of the Customs

Ordinance or of any other law, in respect of any act or omission

constituting an offence under such laws or a breach of the fiscal

laws, liable to a punishment higher than that laid down in this Act

or in respect of any offence or contravention not specifically

provided for in this Act.

(1) The Authority may in accordance with the provisions

of article 4(6) and (7) of the Malta Communications Authority Act,

issue any such directives to any postal operator as it may consider

to be necessary for the purposes of and in accordance with the

provisions of this Act.

(2) Without prejudice to the generality of subarticle (1) the

Authority may in particular issue directives to an universal service

provider in respect of any of the following

(a) the quality of the postal services to be provided,

including compliance with any quality standards that

the Authority may establish and any corrective action

as the Authority may consider necessary in this regard;

(b) to ensure that the density of access points takes

account of the needs of users;

(c) compliance with any requirements of the universal

services as may be onerous on that provider;

(d) compliance with the principles as stated under articles

21 and 22;

(e) the manner and time in which postal articles may be

posted and delivered, including the core hours during

which post offices are to be open to the public;

(f)

the disposal and, or detention of postal articles which

for any reason cannot be delivered;

(g) schemes pertaining to postal services

Provided that before issuing any directives under this

subarticle the Authority shall consult with the universal service

provider or providers concerned and with any such other

stakeholders as the Authority may in the circumstances consider

appropriate.

(3) Any postal operator who fails to comply with a directive or

a decision, however so described, issued by the Authority, shall be

liable to the imposition by the Authority of an administrative fine

of up to twenty-five thousand euro (€25,000), and, or up to five

hundred euro (€500) for each day during which failure to observe

the requirements of any such directive or decision persists.

Unless otherwise provided under this Act, the Authority

may, in accordance with the provisions of Part VII of the Malta

Communications Authority Act, impose such sanctions as it may

consider appropriate in accordance with the aforesaid Act, upon

any person who acts in breach of any provision of this Act

Provided that any administrative fine that the Authority

may decide to impose for the breach of any provision of this Act

shall in no case exceed twenty-five thousand euro (€25,000) for

each breach, and, or five hundred euro (€500) for each day during

which any such breach continues.

PART VII

GENERAL PROVISIONS

(Deleted by XII.2010.72).

52.

Saving the provisions of article 29, no action shall lie

against the Government, the Authority or any of its officers, a postal

operator or an officer of a postal operator in respect of -

(a) anything done under any regulation made by virtue of

the provisions of article 81;

(b) the wrong payment of a money order or of a postal

order;

(c) any loss or injury occasioned by delay in payment of a

money order or of a postal order;

(d) any other irregularity in connection with a money

order or postal order;

(e) anything done by the Authority in pursuance of the

powers given to it by this Act.

(Deleted by XII.2010.72).

(Deleted by XII.2010.72).

(1) The licence issued by the Minister to Maltapost p.l.c.

with effect from the 1st May 1998 under this Act shall,

notwithstanding the repeal of any provisions of this Act in force at

the time of issue of the said licence, continue to have effect subject

to the provisions of this Act as these may be amended from time to

time and until the making in respect thereof of such modifications,

adaptations and limitations as the Minister after consulting the

Authority may deem necessary or appropriate for the purpose.

(2) Any modifications, adaptations and limitations to any

individual licence shall be made by the Authority in accordance

with the provisions of this Act.

(3) Any order, regulation or legal notice issued in terms of any

provisions of this Act and in force on the 1st May 1998 shall,

notwithstanding the repeal of any provisions of this Act, continue

to be in force and to have effect until repealed or amended in

accordance with article 81.

(1) The Minister may, after consultation with the

Authority, make regulations in respect of any of the functions of the

Authority or for the better carrying out of the provisions of this

(2) Without prejudice to the generality of the aforesaid power,

such regulations may in particular provide

(a) for any matters in respect of authorisations under this

Act, including the establishment of fees and of

registration and declaration procedures, and for the

making of any deposit or the giving of any guarantee

to ensure the performance of any obligation imposed

as a condition to any such authorisation;

(b) for the minimum standards to be adopted in the

provision of postal services including the accessibility

and dimensions of private letter-boxes and matters

relating to health and safety, and in the context of

basic counter services for the variation of the

requirements with regard to the universal postal

services that are to be provided;

(c) for the better protection of the interests of users of the

postal services and for the establishment of any

criteria or procedures to be followed by postal

operators in the handling of complaints;

(d) for ensuring fair competition in all practices,

operations and activities relating to postal services;

(e) for the undertaking of investigation on any matter

relating to postal services regulated by or under this

Act and the provision and, or retention of any

information, the issue of directives or guidelines to the

public, to postal operators, and to commercial entities

on matters relating to postal services;

(f)

for the compliance with any international obligation

entered into by Government in relation to any aspect

of postal services regulated by or under this Act

including giving effect to the provisions of any

convention, agreement or regulations, however so

described, of the Universal Postal Union or any postal

administration outside Malta as may be applicable to

Malta;

(g) for regulating any aspect of postal services relating to

universal services with regard to the time, manner,

place and condition in which or under which such

services are to be provided and including any funding

mechanism in to order to ensure the provision of such

services;

(h) in the case of universal services, for the prepayment of

postage and postal fees on postal articles and prescribe

POSTAL SERVICES

the manner in which prepayment is to be made;

(i)

in the case of universal services, for the postage and

the postal fees to be charged on postal articles when

the postage or the postage fees are not prepaid or are

insufficiently prepaid;

(j)

for the re-direction of postal articles, and the

transmission by post of articles so re-directed, either

free of charge or subject to such further charge as may

be specified in the regulations;

(k) for the terms and conditions subject to which postal

articles may be registered and insured, and the

compensation payable for the loss of or damage to

such articles;

(l)

for the free transmission by post of such returns or

other information as may be specified in the

regulations;

(m) for the manner and conditions in and subject to which

money orders, postal orders, payment cards and

similar instruments, however so described, for the

remittance of money may be issued, paid and

cancelled, the rates of commission leviable thereon

and the levy of additional rates of commission or fees;

(n) after consultation with the Minister responsible for

Customs, for the modification or exception, subject to

the provisions of this Act, of the application to postal

articles received from abroad of any laws or

regulations for the time being in force relating to the

Customs, for the purpose of securing, in the case of

such postal articles, the observance of such laws or

regulations;

(o) for enabling officers of a postal operator to perform,

for the purpose of the customs laws, all or any of the

duties of the importer and exporter;

(p) for the Authority to be empowered to impose

administrative fines or other sanctions upon any postal

operator acting in contravention of any provisions of

this Act or of any regulations or directives made

thereunder and provide for the procedure for the

imposition and enforcement of such fines which

procedures may include provisions to the effect that

any such fines shall constitute an executive title for the

effects and purposes of Title VII of Part I of Book

Second of the Code of Organization and Civil

Procedure

Provided that the administrative fines provided for by

regulations or directives made under this article shall

not exceed the sum of twenty-five thousand euro

(€25,000) for each offence and five hundred euro

(€500) for each day during which failure to observe

the provisions of this Act or of any regulations made

thereunder or of any authorisation persists;

(q) for the custody, supply, sale and use of postage stamps

and postal stationery, including the sale of such stamps

and postal stationery for philatelic purposes and the

levying of appropriate charges connected therewith,

and for the use of franking machines for the purpose of

denoting the prepaying of postage in place of postage

stamps, and for prescribing the procedure to be used

for the approval of postage stamp issues and for the

appointment of any Board relating thereto;

(r

for prescribing that any person who acts in

contravention of any regulation made under this Act

shall be guilty of an offence and for establishing the

penalties to which such person may be liable

Provided that no such penalty shall be greater than a

fine (multa) exceeding ten thousand euro (€10,000);

(s) for prescribing the manner as to how any notice,

instrument, act or document which is required or

authorised by or under this Act may be served or

given;

(t

for prescribing anything which may be or is required

to be prescribed by this Act.