Postal Services (General) (Amendment) Regulations, 2009

L.N. 28 of 2009

POSTAL SERVICES ACT

(CAP. 254)

Postal Services (General) (Amendment) Regulations, 2009

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

57 and 81 of the Postal Services Act, the Minister for Infrastructure,

Transport and Communications, after consultation with the Malta

Communications Authority, has made the following regulations

(1) The title of these regulations is the Postal Services

(General) (Amendment) Regulations, 2009 and they shall be read

and construed as one with the Postal Services (General) Regulations,

2005, hereinafter referred to as “the principal regulations”.

(2) These regulations shall be deemed to have come

into force on the 1st January 2009.

In regulation 2(2) of the principal regulations, after

the definition of “postal arrangement” there shall be inserted the

following new definitions

“ “postal identifier” means any postage stamp, postmark

or impression that is unique to each postal operator and which

satisfies the following

(a) it is affixed to, or impressed on, or printed on

postal articles;

(b)

it exclusively identifies the postal operator;

and

(c) it clearly indicates to members of the public

that those postal articles have been, or are intended to be,

accepted by that postal operator for the purpose of being

conveyed by post;

“postmark” means any mark or impression applied by a

postal operator to a postal article for any postal purpose;”.

In regulation 43(1)(b) of the principal regulations, for the

words “in conflict with the Act or with the licence or authorisation

conditions:” there shall be substituted the words “in conflict with the

Act, the licence or authorisation conditions, or with any decision or

directive issued by the Authority:”

In the proviso after regulation 53(2) of the principal

regulations, for the words “aforementioned charge.” there shall be

substituted the words “aforementioned charge:” and immediately

thereafter there shall be added the following new proviso

“Provided further that the provisions of this regulation

shall not apply to any such instances as may be established at

law or by the Authority as may require the universal service

provider to deliver postal articles free of charge or at a reduced

rate of postage to a designated addressee.”.

Immediately after regulation 62 of the principal regulations,

there shall be added the following new part

“Part VII

Postal Identifier

62A. (1) A postal operator shall, as soon as is

reasonably practicable on accepting a postal article for

conveyance by post and prior to conveying the postal

article, affix to, impress or print on, that postal article its

postal identifier

Provided that this requirement shall not apply

if the postal identifier of the conveying postal operator

is already affixed to, impressed or printed on the postal

article.

(2) A postal operator who provides postal

services which fall within the scope of the universal

service shall ensure that a postal article carried by him

is marked with a postmark which also indicates the date

when it was delivered into the care of the said postal

operator.” .

Parts VII and VIII of the principal regulations shall be

renumbered as Parts VIII and IX respectively.

Paragraph c) of the Schedule to the principal regulations

shall be amended as follows

(a) for the words “€ 930” there shall be substituted the

words “ €150”; and

(b) immediately after paragraph (c) thereof, there shall

be added the following new proviso

“Provided that an operator who demonstrates to the

satisfaction of the Authority that its annual gross revenue

does not exceed € 24,300 shall be exempt from the

payment of any such fees.”.

€0.28