Postal Services (General) Regulations, 2005

L.N. 328 of 2005

POSTAL SERVICES ACT

(CAP. 254)

Postal Services (General) Regulations, 2005

IN EXERCISE of the powers conferred by articles 7, 31, 32, 57

and 81 of the Postal Services Act, the Minister for Competitiveness and

Communications, after consultation with the Malta Communications

Authority, has made the following regulations

The title of these regulations is the Postal Services (General) Title.

Regulations, 2005.

Part I

Preliminary

(1) Any reference in these regulations to the “Act” is a Interpretation.

Cap. 254,

reference to the Postal Services Act and any regulations made thereunder

unless the context otherwise requires, and subject to the provisions of

subregulation (2) of this regulation, the provisions of article 2 of the

Act shall apply to these regulations.

(2)

In these regulations unless the context otherwise

requires: -

“articles for the use of the blind” means

(a) articles of correspondence to and from blind

persons, impressed or otherwise prepared for the use of the

blind,

(b) books, catalogues, newspapers and periodicals,

impressed or otherwise prepared for the use of the blind or

posted to any person for the purpose of being so impressed or

prepared,

(c) aids for the teaching of braille to the blind,

(d) plates for embossing literature for the blind,

(e) any form of speech recording for the use of the blind,

and

(f) braille instructional devices, including tools, precision

instruments and games (including card games), and includes

any other article which the Authority considers to be an article

for the use of the blind;

“box-holder” means a person in whose name a private delivery

box is registered;

“coin” means coin whether current or not, except such as is

used or designed for purposes of ornament;

“directive” means any directive that the Authority may issue

in accordance with article 4 of the Malta Communications Authority

Act;

“European Commission” means the Commission of the

European Communities;

“franking machine” means a machine for making impressions

indicating the value of the postage pre-paid on postal articles;

“impression slip” means the label affixed to a postal article

and bearing on it an impression made by a franking machine

indicating the value of the postage pre-paid;

“incoming”, as applied to a postal article of any description,

means a postal article received through the post from a place outside

Malta for delivery to any place in Malta;

“money order exchange arrangement” means any treaty,

convention, agreement or undertaking howsoever so described

between Malta and such other country, or which applies to both

such countries or to one of them, or of which both such countries

or one of them are party thereof, which regulates the issue,

transmission and encashment of money orders through postal

administrations;

“national regulatory authority” means any such body as is

notified for the purposes of Community law to the European

Commission by a Member State of the European Union as having

been assigned tasks in the regulation of postal services;

“outgoing”, as applied to a postal article of any description,

means a postal article posted in Malta for onward transmission

through the post to a place outside Malta;

“paper money” includes

(a) bank notes or currency notes, being current in Malta

or elsewhere,

(b) money orders and postal orders,

(c) unobliterated postage stamps available for current

use in Malta or elsewhere,

(d) treasury bills, bills of exchange, promissory notes,

cheques, credit notes which entitle the holder to money or

goods, and all orders and authorities for the payment of money,

whether negotiable or not,

(e) bonds and coupons relating thereto, and other

securities for money, whether negotiable or not, and

(f) coupons, vouchers, tokens, cards, stamps or similar

documents, exchangeable (singly or with other such

documents) for money, goods or services;

“parcel” means a postal article which is not an item of

correspondence, the weight of which does not exceed twenty

kilograms 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;

“postal arrangement” in relation to the transmission by post

of postal articles between Malta and any other country, means any

treaty, convention, agreement or undertaking for that purpose

between Malta and such other country, or which applies to both

such countries, or to one of them, or of which both such countries

or one of them are a party;

“Poste Restante” means a service whereby a postal article is

addressed to a specific post office in Malta to be called for by the

addressee;

“prescribed” means prescribed by these regulations;

“private delivery box” means a box installed in a post office

and in which postal articles, other than parcels, are placed to await

collection by that box-holder or by his authorised agent;

“scheme” unless the context otherwise requires means a postal

services scheme made in accordance with regulation 43 of these

regulations.

These regulations, except as otherwise provided, apply to

postal articles posted in Malta for delivery to any place in or outside

Malta and to postal articles posted in any place outside Malta for delivery

to any place in Malta.

Save as otherwise provided in the Act or in these regulations,

a postal article shall remain the property of the sender until it is delivered

to the rightful owner, except when the said article has been seized in

pursuance of the law of the country of destination.

Part II

Requisites for Postal Services

Without prejudice to article 47 of the Act, there shall not be

posted, or tendered or made over in order to be transmitted by post, or

delivered by post, any postal article

(a) containing any imitation of a currency note or of a bank

note or any of the forged instruments referred to in articles 166,

167 and 168 of the Criminal Code; or

(b) containing any material of any kind whatsoever, the

possession or transmission of which would constitute a criminal

offence at law; or

(c) containing or bearing any fictitious stamp not being a

fictitious stamp which is authorised under the Act, or any counterfeit

impression of a stamping or franking machine or any counterfeit

of any other impression authorised by these regulations for use to

denote payment of postage or of any other fees; or

(d) having thereon, or on the cover thereof, any words, letters

or marks which are used without due authority but which signify

or imply, or may reasonably lead the recipient to believe, that the

postal article is sent on Government Service; or

(e) such size, form or colour or so made up for transmission

by post as to be likely to embarrass the officers of the postal operator

in dealing with the postal article; or

(f) having anything written, printed or impressed upon or

attached thereto which, either by tending to prevent the easy and

quick reading of the address on the postal article or by inconvenient

proximity to the stamp or stamps used in the payment of postage,

or in any other way, is in itself, or in the manner in which it is

written, printed, impressed or attached, likely to embarrass the

officers of the postal operator in dealing with the postal article; or

(g) whereon the payment of postage or fees purports to be

denoted by any stamp or impression which has been previously

used to denote payment of the postage or fees on any other postal

article; or

(h) containing any narcotic or psychotropic substance or

any other drug or medicine unless its transmission by post is

authorized by or under law; or

(i) containing any item the importation or circulation of

which is prohibited in the country of destination or in any country

through which the said postal article will be transmitted; or

(j) containing radioactive materials except where a postal

arrangement exists for the transmission of such materials.

(1) Every postal article shall be made up and secured in such Packing and

posting.

manner as is calculated to prevent damage to any other postal article, to

any receptacle in which the same is conveyed, or injury to an officer of

the postal operator or to any other person who may deal with such postal

article.

(2) When an outgoing postal article is posted or tendered

or made over in order to be transmitted by post, the sender shall fill up

such certificates and documents and affix such labels relating to the

contents of the postal article as may be required by the law of the country

to which it is addressed, or otherwise as the postal operator transmitting

such postal article may direct. .

(3) The address on a postal article shall not in any way be

obscured or made difficult to read.

Save as otherwise provided under the Act, any postal article

which, once posted, is found not to comply with the law of the country

in which the postal article was posted or to which it is addressed or with

the law of any country through which it may pass, or which is not

accompanied by any document required by any such law as aforesaid,

may be disposed of in such manner as the postal operator may deem

appropriate in accordance with the applicable law

Provided that the postal operator shall keep a register recording

any postal articles that may be disposed of under this regulation and

shall, when requested by the Authority, send a list to the Authority of

any postal articles so disposed.

Part III

Universal Services

Unless otherwise provided in these regulations, regulations 9

to 43 of these regulations shall apply only to the universal service

provider in relation to those postal articles that conform to the maximum

and minimum dimensions as specified in article 17(6) of the Act.

The universal service provider shall ensure that, where feasible,

there is available a facility to buy postage stamps in the vicinity of

every post box.

Save as the Authority may otherwise direct, the basic counter

services to be provided by the universal service provider throughout

Malta shall include

(a)

sale of stamps and postal stationery;

(b) posting and collection of bulk mail;

(c) posting and collection of postal articles including parcels;

(d) registration and insurance of postal articles; and

(e) any other service as the Authority may from time to time

by directive require the universal service provider to provide

Provided that before doing so the Authority shall first consult

the universal service provider.

The universal service provider shall ensure that sufficient Stock quantities.

stocks of postage stamps and postage stationery are available in such

quantities as to reasonably satisfy the needs of the locality

Provided that the Authority may, in particular to ensure the

availability of postage stamps and postage stationary in any given

locality, issue any such directives it considers appropriate to ensure that

the universal service provider abides with its obligations under this

regulation.

Without prejudice to regulation 11 of these regulations, the Establishment of

post offices.

Authority may by directive require the universal service provider to

establish post offices at such premises and from such dates as it may

determine so as to ensure a basic counter service throughout Malta.

Without prejudice to the provisions of the Act, the universal Management of post

offices.

service provider shall determine the manner in which each of its post

offices shall be managed.

Without prejudice to the provisions of articles 33 to 35 of the Delivery.

Act, the universal service provider shall deliver a postal article including

a parcel at the address indicated on the said postal article.

(1) All locally addressed postal articles may include a Postcodes.

postcode written immediately after the town or village of the address

Provided that locally addressed postal articles which do not include

a postcode shall still be delivered.

(2) The universal service provider shall submit to the

Authority updated lists of postcodes and shall publish them in a manner

that ensures reasonable publicity including but not limited to affixation

on the notice board of each of its post offices.

Where an incoming postal article bears an “express” delivery Express delivery.

label or is conspicuously marked with the words “Express Delivery” or

with such other words so as to indicate the intention of the sender that

the postal article be delivered by express delivery, the universal service

provider shall deliver the postal article as soon as possible and in any

case not later than two working days from its arrival in Malta.

When the universal service provider is satisfied that a postal ostal articles

addressed to a

article is addressed to a deceased person, it may, at its discretion, either: deceased person.

(a) deliver or re-direct such postal article upon a request in

writing by –

(i)

the executors named in the will of the addressee, or

(ii) the surviving spouse of the addressee, or

(iii) the heirs of the addressee, or

(iv) the administrator of the estate of the addressee or

any other person conducting the affairs of that estate, or

(v) any other interested person; or

(b) retain such postal article for a period of six months and,

if in the meantime no request in writing is made by any person

entitled at law to receive it or who may otherwise properly receive

it, then that postal article shall be deemed undeliverable and shall

be dealt with as provided in these regulations.

When a member of a firm or partnership or of a dissolved

firm or partnership, or a person who claims to be entitled to receive the

mail of a firm or partnership or of a dissolved firm or partnership, or of

a society, association, institution or any other body, satisfies the universal

service provider that he has reasonable grounds for such claim and,

gives notice to the universal service provider not to deliver to any person

other than himself any postal article addressed to the firm or partnership

or the society, association, institution or other body, the universal service

provider, unless it is satisfied as to who is entitled to delivery, may

refuse to deliver all such postal articles until an agreement is arrived at

between the persons interested as to delivery, or until the right of one or

other of the parties concerned to receive such postal articles has been

determined by a competent authority

Provided that in default of such agreement or in the absence of

such a determination, the postal article shall be marked “In Dispute”

and shall be returned to the sender within a reasonable time.

A postal article -

(a) which cannot for a valid reason be delivered to the

addressee, or

(b) which has been refused by the addressee, or

(c) which has been duly delivered but is returned unopened

to the universal service provider with an indication that the

addressee has refused delivery, or

(d) which cannot be delivered by reason of any provision

of the Act or of these regulations,

shall be treated as an undeliverable postal article and shall be dealt

with as provided in these regulations.

(1) Notwithstanding paragraph (a) of regulation 19 of these Delivery of

parcels.

regulations, where a parcel cannot for a valid reason be delivered to the

addressee, it shall not be treated as an undeliverable postal article and

the universal service provider shall notify in writing the addressee that

he may, at his option, either

(a) request the universal service provider to arrange for

another delivery subject to the payment of a reasonable fee to the

universal service provider

Provided that in doing so the universal service provider shall

endeavour to agree with the addressee as to a mutually convenient

time of delivery; or

(b) collect the parcel from the post office indicated by the

universal service provider

Provided that, in indicating a post office, the universal

service provider shall endeavour to indicate the most reasonably

convenient post office for collection of the parcel by the addressee.

(2) If the parcel is not delivered or otherwise collected

by the addressee within thirty working days from the date of posting of

the initial notice referred to in subregulation (1) of this regulation, the

addressee shall be notified again by registered post of the options stated

under subregulation (1) of this regulation

Provided that if, notwithstanding such notification by

registered post, the addressee fails to withdraw the said parcel within

sixty working days from the date of posting of the initial notice

mentioned in subregulation (1) of this regulation, the parcel shall be

treated as an undeliverable postal article and shall be dealt with as such

in accordance with these regulations.

(1) This regulation applies to postal articles posted in Malta Disposal of

undeliverable postal

for delivery to any place in Malta.

articles for delivery

in Malta.

(2) An undeliverable postal article which bears a legible

return address on the outside shall be returned unopened and

appropriately endorsed to that address.

(3) An undeliverable postal article that does not bear a

legible return address on the outside shall be opened by the universal

service provider and if the address of the sender can be ascertained, it

shall then be returned to the sender under official cover

Provided that if such postal article is found to contain paper

money, coins or any other valuables, it shall be compulsorily registered

at the expense of the sender before being so returned, and if the sender

refuses to pay the postal charges due on that postal article the universal

service provider shall dispose of it as it may think fit, without prejudice

to its right to claim from the sender those postal charges

Provided further that if, notwithstanding the opening of

the postal article, the universal service provider is unable to establish

the address of the sender and the universal service provider considers

that the said postal article contains items of value or importance, then it

shall record such items in the appropriate register and shall, unless

claimed, keep such items for a period not exceeding one year from the

day on which the postal article is so recorded and thereafter the universal

service provider may dispose of such items in any manner as it may

consider appropriate.

(1) This regulation applies to incoming and outgoing postal

articles.

(2) An incoming postal article that is undeliverable shall be

returned to the country of origin, with the reason for non-delivery clearly

indicated on such postal article

Provided that unregistered postcards without the particulars

of the sender shall be disposed of in such manner as the universal service

provider may, in the circumstances, deem appropriate

Provided further that an unregistered postal article consisting

in direct mail shall be disposed of in such manner as the universal service

provider may deem appropriate, unless the sender has requested, by

means of a note written on the outside of such article, the return thereof

in case of non-delivery.

(3) A postal article posted in Malta for delivery at a place

outside Malta which is returned to Malta as undeliverable, shall be dealt

with as follows

(a) an undeliverable postal article which bears a legible

return address on the outside shall be returned unopened and

appropriately endorsed to that address;

(b) an undeliverable postal article which does not bear a

legible return address on the outside shall be opened by the

universal service provider and if the address of the sender can be

ascertained, it shall then be returned to the sender under official

cover

Provided that if such postal article is found to contain paper

money, coins or any other valuables it shall be compulsorily

registered at the expense of the sender before being so returned

and if the sender refuses to pay the postal charges due on that

postal article the universal service provider shall dispose of it as it

may think fit, without prejudice to its right to claim from the sender

those postal charges

Provided further that if, notwithstanding the opening of

the postal article, the universal service provider is unable to

establish the address of the sender and the universal service provider

considers that the said postal article contains items of value or

importance, then it shall record such items in the appropriate

register and shall unless claimed, keep such items for a period not

exceeding one year from the day on which the postal article is so

recorded and thereafter the universal service provider may dispose

of such items in any manner as it may consider appropriate.

The postal services that the universal service provider is Postal services to be

provided by the

required to provide shall include the following

universal service

provider.

(a) withdrawal of the postal article before delivery to the

addressee,

(b) Poste Restante,

(c) re-direction,

(d) certificate of posting,

(e)

certificate of loss or damage,

(f)

Business Reply Service,

(g) registration of postal articles,

(h) private delivery boxes, and

(i) any other service as the Authority may from time to time

by directive require the universal service provider to provide

Provided that before doing so the Authority shall first consult the

universal service provider.

Without prejudice to the provisions of the Act and these

regulations, the universal service provider shall provide the postal

services referred to in regulation 23 of these regulations and any other

postal services that it may provide, at such hours of business, at such

post offices, and under such conditions as the Authority may by directive

from time to time reasonably require in the exercise of its functions at

law

Provided that before doing so the Authority shall first consult the

universal service provider and any other stakeholders whom the

Authority considers should be consulted.

(1) This regulation applies to postal articles posted in Malta

for delivery to any place in Malta.

(2) Where a sender applies for the withdrawal of a postal

article before delivery to the addressee, the universal service provider

shall if it considers that the reasons for withdrawal are satisfactory, give

the necessary direction.

(3) Any fees paid for the withdrawal of a postal article need

not be refunded to the applicant if the postal article is not found or if

subsequently it is not withdrawn by the said applicant.

(4) The postage and registration fee, if any, paid on a postal

article which is withdrawn in accordance with this regulation shall not

be refunded

Provided that if the stamps affixed to any such postal article

have not been cancelled by an official postmark at the time it is found,

the postal article shall be returned with the stamps uncancelled.

(1) This regulation applies to incoming and outgoing postal

articles.

(2) The sender of an outgoing postal article may have such

postal article withdrawn from the post or have its address altered so

long as the postal article has not been delivered to the addressee, or has

not been confiscated or destroyed by the competent authorities of the

countries through which the postal article has been transmitted or of the

country of destination.

(3) Any fees and expenses shall not be refunded to the sender

if the postal article is not found or if the postal article is subsequently

not withdrawn.

(4) The postage and any registration fee paid on an outgoing

postal article which is withdrawn shall not be refunded

Provided that if the stamps affixed to any such postal article

have not been cancelled by an official post-mark at the time the postal

article is found, the said postal article shall be returned to the sender

with the stamps uncancelled.

(1) The following shall have the right to make use of a Poste Restante.

Poste Restante Service which shall be provided by the universal service

provider

(a)

travellers, tourists and foreigners of no fixed abode;

(b) persons who reside within an area which is not accessible

for delivery by postman; and

(c) persons who in the opinion of the universal service

provider cannot for a good and sufficient reason conveniently

receive their correspondence by postman or through a private

delivery box.

(2) The universal service provider shall require the caller

of Poste Restante to furnish proof of his identity and to provide any

other particulars that may be reasonably required to identify him as the

rightful addressee of the postal article.

(1) Any postal article, other than a business reply article, Re-direction.

may be redirected from its original address in Malta to the same

addressee at any other address either by an officer of the universal service

provider or after delivery at the original address.

(2) An application to the universal service provider for

redirection shall be signed -

(a) by the person or persons to whom the incoming postal

articles are addressed; or

(b) by the person having the legal representation of the

company, firm or body corporate or unincorporate in respect of

incoming postal articles addressed to such company, firm or body;

(c) by the person having parental authority over, or legal

custody of, minor children in respect of incoming postal articles

addressed to such minor children; or

(d) by a person duly authorised by another person in respect

of incoming postal articles addressed to such other person.

(3) A postal article which is re-directed on the working day

of its delivery, or on the working day next following, to its original

address shall be transmitted by post free of any charge or postage in

respect of such transmission if it is either handed to an officer of the

universal service provider or dropped in a letter-box of the universal

service provider with an indication of the new address

Provided that the provisions of this subregulation shall not

apply if before re-direction the postal article has been opened or tampered

with (other than by the substitution of a new address) or if the name or

address of the original addressee has been rendered illegible

Provided further that if the postal article is re-directed to a

place outside Malta and the amount of postage paid is insufficient to

cover transmission to the new destination, it shall be taxed and treated

as an insufficiently pre-paid postal article.

The universal service provider shall issue a certificate of

posting indicating that an unregistered postal article has been posted to

a particular address when so requested by the person posting the article.

The universal service provider shall, if requested by an

interested person, issue a certificate whereby it is established that the

postal article has been damaged, lost or destroyed while in its custody.

The universal service provider shall provide a business reply

service whereby payment of postage payable on postal articles is made

by a person other than the sender of those postal articles.

The universal service provider shall provide a registration

service whereby every postal article may be registered.

On the delivery of a registered postal article, the addressee,

his representative, or a member of his household shall, unless instructions

to the contrary are given to the universal service provider by the

addressee, give a written receipt therefor to the universal service

provider

Provided that when such a receipt is not obtained, the postal article

shall be considered as undelivered

Provided further that this regulation shall be without prejudice to

any other law regulating receipts for registered postal articles.

The sender of a registered postal article may at the time of Advice of delivery.

posting arrange for the advice of its delivery to be sent to him

Provided that no enquiry fee may be charged by the universal

service provider if the enquiry regarding the disposal of such postal

article is made within twelve months from the date of posting.

When a registered postal article has been delivered and a Re-direction of

receipt obtained in accordance with the provisions of regulation 33 of registered

articles.

these regulations, it shall not be re-directed as provided for in regulation

28(3) of these regulations

Provided that the universal service provider may, in exceptional

circumstances, re-direct the said registered postal article if it is handed

to any officer of the universal service provider not later than the working

day next following delivery.

If any registered postal article is, after delivery, dropped Posting out of

course.

into a letter-box of the universal service provider for re-direction such

article may become liable to a surcharge of a single rate of postage and

to a fresh registration fee.

(1) If any postal article having written or impressed on Compulsory

registration.

it or on its envelope or cover the word “registered”, or any other word,

phrase or mark conveying the impression that the postal article is

registered or is intended to be registered, is found in the post or is left at

a post office, it shall then be registered.

(2) A postal article shall be registered if it contains one or

more of the following

(a) any uncrossed money order or postal order in which the

name of the payee has not been inserted, or

(b) any cheque or dividend warrant which is uncrossed and

payable to bearer, or

(c)

any bearer security, or

(d) any bank note, currency note or coin being current in

Malta or elsewhere, or

(e) any unobliterated postage stamps of a total value of five

Maltese Liri or over, or

(f) any paper money as is mentioned in paragraphs (d), (e)

and (f) of the definition of “paper money” in regulation 2 of these

regulations, or

(g) platinum, gold or silver, whether or not manufactured,

precious stones and other valuable articles.

(1) Any postal article which is subject to compulsory

registration may be charged the registration fee and an amount not

exceeding double the deficient postage, if any, and shall be forwarded

to the addressee or returned to the sender, as the case may be

Provided that any amount of postage which may have been pre-

paid in respect of any postal article in excess of the ordinary postage,

shall be reckoned as payment or part-payment of the registration fee.

(2) When a postal article surcharged in accordance with sub-

regulation (1) of this regulation, is tendered to the addressee or sender

and he refuses or fails to pay the charges to which the postal article has

become liable, the postal article may be dealt with or disposed of in

such a manner as the universal service provider may think fit.

Any person who has attained the age of eighteen years shall

be entitled to the lease of a private delivery box by the universal service

provider upon application

Provided that the universal service provider may refuse to award

the lease of such a delivery box where a reasonable problem of lack of

space arises and upon giving reasons for its refusal.

The universal service provider shall make available, free of

charge, one key to the box-holder. Before providing a key, the universal

service provider may require a box-holder to deposit a reasonable sum

which sum shall be refunded to the box-holder on the termination of

the lease and upon the surrender of the key and the payment of any

outstanding rent.

A postal article shall be deemed to have been delivered to

the box-holder as soon as it is placed in his private delivery box.

(1) Without prejudice to any other obligation under the Act Information

provided.

or under any other law, or under any directive or under any authorisation,

the universal service provider shall, at least once every calendar year,

submit to the Authority the following information

(a) the location of all access points including each of its

post offices and letter boxes,

(b) the times of opening and closing of each of its post

offices and times of collection and delivery,

(c) a contingency plan setting out the measures to be taken

by the universal service provider to ensure, as far as practicable,

the provision of universal postal service in the event of industrial

action, emergency or natural disaster, and

(d) about the arrangements it has established or intends to

establish to ensure that its post offices, including its letter boxes,

are accessible to persons with disabilities.

(2) The universal service provider shall publish the

information referred to in sub-regulation (1) of this regulation in such

manner as to ensure reasonable publicity thereof.

(3) Without prejudice to the provisions of sub-regulation (1)

of this regulation the universal service provider shall provide any such

information as the Authority may reasonably require for the purpose of

performing its functions at law.

(1) Without prejudice to any other obligation under the Act, Schemes as to terms

and conditions.

any other law, any directive or any authorisation, the universal service

provider may make schemes in relation to the postal services provided

Provided that the Authority may by directive

(i) require the universal service provider to have in

place such schemes as the Authority may consider necessary.

In doing so the Authority may also establish the time frames

by when such schemes must be in place, and

(ii) require the universal service provider to amend any

existing scheme that may have been adopted in accordance

with this regulation where the said scheme is in conflict with

the Act or with licence or authorisation conditions

Provided further that the Authority shall, before requiring

the universal service provider to adopt or amend a scheme, consult with

the universal service provider and any other stakeholders whom the

Authority considers to have an interest.

(2) A scheme made in accordance with this regulation is a

scheme for determining any or all of the following

(a) the charges which are to be imposed in respect of the

postal services concerned,

(b) the other terms and conditions which are to be applicable

to the postal services concerned, and

(c) the procedures for dealing with the complaints of persons

who use the postal services concerned, including the compensation

that may be awarded accordingly.

(3) A scheme or any amendments to a scheme under this

regulation shall be forwarded to the Authority which shall ensure that

the universal service provider at its expense gives such publicity to the

scheme or any amendments thereto as the Authority may consider

appropriate.

(4) A scheme under this regulation may amend any previous

scheme made under this regulation.

(5) Any obligations undertaken by the universal service

provider under any scheme made in accordance with this regulation

shall bind the universal service provider as if such obligations form

part of the terms and conditions of a contract at law, and may be enforced

against the universal service provider accordingly.

Part IV

Authorisations

(1) In accordance with the provisions of article 7(3) of the

Act, the following activities are exempt from the requirements of article

7(1) of the Act

(a) the conveyance and delivery of a postal article personally

by the sender or a person authorised to deliver on behalf of the

sender, provided no payment or reward, profit or advantage of any

kind is given or received for the conveyance or delivery of those

postal articles;

(b) the conveyance and delivery by any person of postal

articles concerning, and for delivery with, goods carried by that

person, provided that no payment or reward, profit or advantage

of any kind is given or received for the conveyance or delivery of

those postal articles;

(c) the conveyance, delivery and collection of

correspondence by a person who has a business interest in that

correspondence. For the purposes of this paragraph a person shall

be deemed to have a business interest if

(i) he is an employee of one of the correspondents or

of a member of the same group as one of the correspondents

and the postal article relates to the business affairs of that

correspondent, or

(ii) he and one of the correspondents are employees of

the same person or of different members of the same group

and the postal article relates to the business affairs of that

person or, as the case may be, of the employer of that

correspondent;

(d) the conveyance and delivery of postal articles from one

public authority or agency however so described to another or

within that same authority or agency, and the collection of postal

articles for that purpose;

(e) the conveyance and delivery of postal articles by a non-

profit making organisation where the postal article is addressed to

some or all of the members of that organisation, provided no

payment or reward, profit or advantage of any kind is given or

received for the conveyance or delivery of those postal articles.

(2) Nothing in this regulation shall be construed as

authorising any person to make a collection of postal articles for the

purpose of their being conveyed in any manner authorised under this

regulation.

(1) The authorisation by virtue of which the universal Licensing of

service provider may provide reserved services and other services within universal

provider.

the scope of the universal services in accordance with the Act, shall be

granted by individual licence.

(2) The grant of a licence under subregulation (1) of this

regulation shall be deemed to authorise the universal service provider

to provide also postal services outside the scope of the universal services

Provided that the universal service provider shall also comply

with the conditions attached to the general authorisation.

(3) During the currency of the individual licence, the

universal service provider shall pay to the Authority the annual fee

specified in the Schedule to these regulations.

(1) The authorisation to provide postal services which are

not reserved but which fall within the scope of the universal services,

shall be granted by individual licence.

(2) Without prejudice to the weight and price limits in

respect to the reserved area, the provision of express mail shall not be

deemed to fall within the scope of the universal service.

(3) During the currency of an individual licence issued in

accordance with this regulation, the licensee shall pay to the Authority

the annual fee specified in the Schedule to these regulations.

(1) The authorisation to provide non-reserved postal

services that are outside the scope of the universal service, shall be

granted in accordance with a general authorisation.

(2) The Authority shall by directive determine and publish

the conditions attached to a general authorisation.

(3) Any conditions attached to a general authorisation shall

be objectively justified, non-discriminatory, proportionate and

transparent.

(4) A postal operator shall comply with the conditions

attached to the general authorisation.

(5) Authorised postal operators shall pay to the Authority

such annual fees as established in the Schedule to these regulations

Provided that these fees shall not be paid if the operator in

question is the universal service provider and has paid the annual fee

referred to in regulation 45 of these regulations, or if the operator in

question is licensed and has paid the annual fee referred to in regulation

46 (3) of these regulations.

(1) Any person who intends to provide non-reserved

services outside the scope of the universal service shall, before doing

so, notify the Authority of his intention to provide such services.

(2) The notification under subregulation (1) of this

regulation shall be in such form as the Authority may from time to time

determine and shall include the following

(a) the full name, business address and contact details of the

person concerned including, in the case of a body corporate -

(i) the company registration number and,

(ii) where the business address differs from the address

of its registered office, the address of the registered office,

(b) a clear description of the postal services to be provided,

(c) the estimated date of commencement for the relevant

activity,

(d) the geographical area intended to be covered by the service

in question, and

(e) a signed declaration of compliance with the relevant

conditions as prescribed under the Act and by these regulations.

(3) Upon receipt by the Authority of a notification pursuant

to subregulation (2) of this regulation, the person concerned is deemed

to be authorised to provide the postal service described in the notification.

(4) A person who is duly authorised in accordance with

regulation 47 of these regulations, shall notify the Authority of any

changes to the information supplied under paragraph (a) of subregulation

(2) of this regulation, within fourteen days of such change and in relation

to the matters referred to in paragraphs (b) to (d) of subregulation (2) of

this regulation, within fourteen days prior to the commencement of the

relevant activity.

The Authority shall, within seven working days of the receipt Declaration upon

receipt of

by it of a notification made to it in accordance with regulation 48 of notification.

these regulations, issue to the postal operator making such a notification,

in such form as the Authority may, from time to time, determine, a

declaration confirming, where applicable, that such postal operator

submitted a notification pursuant to regulation 48 of these regulations.

(1) The Authority shall establish and maintain a register of Register of postal

operators.

those persons that have submitted a notification pursuant to regulation

48 of these regulations and any information as the Authority considers

appropriate, other than information which the Authority reasonably

considers to be confidential, shall be entered in the Register established

and maintained under this subregulation.

(2) The Authority may, as necessary, amend or delete an

entry in the Register.

(3) Members of the public may inspect the Register free of

charge at such reasonable times as the Authority may establish and may,

at a reasonable charge to be determined by the Authority, make copies

of, or take extracts from, entries in the Register.

Part V

Tariffs

There shall not be used to denote payment of postage or fees,

any mutilated postage stamps or any postage-due stamps, nor shall such

stamps be accepted as valid for the pre-payment or part pre-payment of

postage.

Unless otherwise provided for under the Act or these

regulations, postage stamps shall only be sold at their face value.

(1) This regulation applies to postal articles posted in Malta

for delivery to any place in Malta.

(2) A postal article posted without the postage being pre-

paid or when insufficiently pre-paid, may be charged up to double the

deficient postage and shall be delivered to the addressee who shall be

liable to pay the said charge upon acceptance of the postal article

Provided that if in such case the postal article is refused by

the addressee or delivery of the postal article cannot be effected, the

postal article shall be returned to the sender who shall be liable to pay

the aforementioned charge.

(1) This regulation applies to incoming and outgoing postal

articles.

(2) All outgoing postal articles, other than registered postal

articles, upon which no part, or a part only, of the postage payable thereon

has been pre-paid, shall be dealt with as follows

(a) where the address of the sender is shown on the outer

cover, the postal article shall be returned to sender appropriately

endorsed for the payment of the deficient postage,

(b) where an outgoing postal article cannot be returned to

the sender for the full payment of postage, it may be charged with

up to double the amount of the deficient postage and shall be

delivered to the addressee who shall be liable to pay the said charge

upon acceptance of the postal article.

(3) An incoming postal article, including a registered postal

article, upon which no part, or a part only, of the postage payable thereon

has been paid, shall be delivered to the addressee and charged with

such amount as the foreign postal operator concerned shall have

requested to be collected.

(4) Any amount charged under subregulation (2)(a) and

under subregulation (3) of this regulation shall be paid by the sender or

the addressee, as the case may be, and the universal service provider

may withhold transmission or delivery until such amount is paid.

(1) There shall be no exemption of payment of postage Exemption from

postage payment.

unless this is expressly provided for under the Act, these regulations or

any other law

Provided that the Authority after public consultation may, by

directive, determine that no payment of postage shall be due in those

instances as it may specify.

(2) The sender of a postal article which is entitled to free

transmission by post shall not be exempt from paying the prescribed

registration fee and other postal fees due on such postal article.

(1) No postage shall be payable on postal articles consisting Articles for the

blind.

of articles for the use of the blind provided that –

(a) the postal articles are sent by or addressed to a blind

person or an institution or organization that is recognized by the

Authority as an institution or organization which serves the blind,

(b) every postal article is marked on the outside “Articles

for the Blind” and bears the name and address of the sender,

(c) every postal article is posted either without a cover or in

a cover which can be easily removed for the purpose of

examination,

(d) the postal article does not contain any article not being

an article for the use of the blind,

(e) the postal article contains no communication or

inscription either in writing or printed other than instructions for

the use of any enclosed article, and

(f) the postal article complies with the limits of size and

weight referred to in regulation 8 of these regulations.

(2) For the purposes of this regulation a postal article shall

also include a parcel containing solely articles for the use of the blind.

Part VI

Money and Postal Orders

(1) The universal service provider may remit any amount

of money to any person in Malta by means of a money order, including

a postal order.

(2) The universal service provider may remit any amount

of money to any person in any country with which a money order

exchange arrangement exists by means of a money order ,including a

postal order.

(3) The amount of money to be remitted and the commission

chargeable thereon shall be paid at a post office at the time of issuing

the money order.

(4) When a money order is issued, it shall be handed to the

remitter to be transmitted by him to the payee.

The minimum and maximum amounts for which a single

money order may be issued shall respectively be of one lira and one

thousand liri, but the remitter may apply for more than one money order

at the same time

Provided that nothing contained in this regulation shall be construed

as affecting or derogating from any limitation, restriction, requirement

or permission required or imposed by any law in respect of any payment

to the credit of persons residing in or outside Malta

(1) Unless the universal service provider agrees otherwise, Payment.

a money order shall not be payable on the same day of issue.

(2) Money orders shall be encashed at the post office

indicated thereon or through a bank.

(3) If a money order is presented for payment at a post

office, payment will be made to the payee against his signature on proof

of his identity.

(4)

Crossed money orders shall only be payable through a

bank.

(5) When money orders are presented for payment by the

Bank, the formalities referred to in this regulation shall not be applicable.

A money order shall be valid for a period of sixty days from Period of validity.

the date when it is issued.

The amount of a money order may be refunded to the remitter Repayment.

against presentation of the order within the period of its validity

Money orders whose validity has lapsed and which have Void money order.

not been revalidated, shall be refunded to the remitter.

Part VII

Compliance and Sanctions

(1) The Authority shall ensure compliance with the Compliance.

provisions of these regulations and may, for this purpose and for the

carrying into effect of any provisions of these regulations, issue any

directives it may consider to be necessary in this regard.

(2) A person shall in all instances comply with a directive

or decision, however so described, of the Authority issued under these

regulations notwithstanding any dispute, appeal or any other legal

proceedings contemplated or commenced in relation to the said directive

or decision.

(3) A person who fails to comply with any directive or

decision issued by the Authority under these regulations shall be

considered to have acted in breach of these regulations.

Unless otherwise prescribed in these regulations, 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 these regulations

Provided that any administrative fines that the Authority may

decide to impose for an infringement of any provision of these

regulations shall in no case exceed the sum of five thousand liri for

each infringement and, or two hundred liri for each day during which

any such non-compliance continues.

Part VIII

Miscellaneous

Any exception or derogation granted by the Authority in

accordance with article 17(4)(a) of the Act shall be communicated to

delivery obligations.

the European Commission and to all other national regulatory

authorities.

The Authority may issue directives to a postal operator

providing postal services which fall within the scope of the universal

services to ensure the protection of the integrity of mail

Provided that before issuing any such directives the Authority

may consult with such interested parties as it deems appropriate in the

circumstances.

(1) Postal operators shall have a right and, when requested

by other postal operators, an obligation to negotiate access with each

other for the purpose of providing postal services.

(2) The Authority may issue directives to the universal

service provider requiring it to meet reasonable requests for access to,

and use of, specific elements of the public postal network in situations

where the Authority considers that denial of access, or unreasonable

terms and conditions having a similar effect would hinder the emergence

of a sustainable competitive market or would not be in the interest of

the end-user.

(3)

Postal operators which acquire information from

another postal operator before, during or after the process of negotiating

access arrangements shall use that information solely for the purpose

for which it was supplied, and shall respect at all times the confidentiality

of information transmitted or stored. The received information shall

not be passed on to any other party including any subsidiaries or partners,

for whom such information could provide a competitive advantage.

Nothing in these regulations shall exempt any person from No exemption from

the obligation to diligently obtain at his own expense any permit, licence the

any other permit

or other approval or authorisation however so described, necessary to etc.

operate and maintain the postal services or any part thereof to which

these regulations apply, or from the obligation of complying with any

condition of any such permit, licence or other approval or authorisation.

(1)

The laws listed in this regulation shall be repealed, Repeal of

G.N. 215 of 1924

namely

G.N. 216 of 1924

G.N. 97 of 1925

G.N., 155 of 1946

(i)

Rules regarding Sale and Use of Stamps,

G.N. 389 of 1948

L.N. 40 of 1959

L.N. 35 of 1985

(ii) Regulations for the Disposal of Undelivered

L.N. 65 of 1989

L.N. 214 of 1998

Correspondence,

(iii) Introduction of Postage Due Stamps Order,

(iv)

Exemption from Postage Regulations,

(v) Maximum Weight for Printed Paper, Packets and

Individual Volumes posted locally Order,

(vi) Customs Department (Parcel Post Branch) Hours of

Service Regulations,

(vii) Inland Post Regulations,

(xiii) Overseas Post Regulations,

(ix)

Suspension of Monopoly of Post Office Order.

(2) The repeal of the laws listed in subregulation (1) of this

regulation shall be without prejudice to the validity of anything done or

still to be done under any of the said laws, and the said regulations shall

be deemed to be still in force only for such purpose.

B

Schedule

(Regulations 45, 46 and 47)

Fees to be paid on an annual basis

Fees

a) Fees to be paid by the universal

service provider licensed in terms of

regulation 45 in respect of any postal service

provided by the universal service provider

both within and outside the scope of the

universal services

Up to the 31st May 2003 ………………

Lm200,000

From 1st June 2003 to 30th April 2004…

Lm100,000

together with one half per cent of the total

gross revenue from postal services within

the scope of the universal services

From 1 May 2004 to 31 December 2005 …

Lm75,000

together with one half per cent of the total

gross revenue from postal services within

the scope of the universal services, and

From 1 January 2006 …………………

Lm25,000

together with three fourths per cent of the

total gross revenue from postal services

within the scope of the universal services;

b) Fees to be paid by operators

licensed in terms of regulation 46 in respect

of services which are not reserved but which

are both within and outside the scope of the

Lm400

universal services:…………………………

together with one percent of the total

gross revenue from postal services within

the scope of the universal services;

c) Fees to be paid by operators

authorised in terms of regulation 47 in

respect of services which are outside the

scope of the universal services:…………

Lm400

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press