Postal Services (General) (Amendment) Regulations, 2010

L.N. 457 of 2010

POSTAL SERVICES ACT

(CAP. 254)

Postal Services (General) (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 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

The title of these regulations is the Postal Services Title.

(General) (Amendment) Regulations, 2010 and they shall be

read and construed as one with the Postal Services (General)

Regulations, 2005, hereinafter referred to as “the principal L.N. 328 of 2005.

regulations”.

Sub-regulation (2) of regulation 2 of the principal

regulations shall be amended as follows

(a) immediately before the definition “money order

exchange arrangement” there shall be inserted the following

new definition

“ “Member State” means any member state of the

European Union;”;

(b) the definition “parcel” shall be deleted; and

(c)

the definition “scheme” shall be deleted.

Regulation 5 of the principal regulations shall be

amended as follows

(a)

the words “article 47 of the Act” shall be

substituted with the words “article 66 of the Act”; and

(b) paragraph (i) thereof shall be deleted and paragraph

(j) shall be renumbered as paragraph (i).

Immediately after regulation 7 of the principal regulations

there shall be added the following new regulations

(1) Where a postal article is received by

post at any post office –

(a)

bearing a fictitious stamp; or

(b) purporting to be prepaid with any

postage stamp which has been previously used

to prepay any other postal article or which has

otherwise been previously used for any other

purpose,

an officer of a postal operator shall, if the addressee

resides in Malta, send a notice to the addressee inviting

him to attend, either in person or by means of an

agent, within a specified time at a post office to receive

delivery of the postal article, and if the addressee resides

abroad, the postal operator shall deal with the postal

article in such manner as the Authority may deem in the

circumstances appropriate.

(2) If the addressee or his agent attends at

a post office within the time specified in the notice and

consents to make known to the said officer the name

and address of the sender of the postal article and to re-

deliver to the officer aforesaid the portion of the postal

article which bears the address and the fictitious or

previously used postage stamp or, if the postal article is

inseparable from the stamp, the entire postal article, the

postal article shall be delivered to the addressee or his

agent.

(3) If the addressee, or his agent, fails to

attend at a post office within the time specified in the

notice, or having attended within that time, refuses to

make known the name and address of the sender or to

re-deliver the postal article or portion thereof as required

by sub-regulation (2), the postal article shall not be

delivered to him, but shall be disposed of by the postal

operator in such manner as the Authority may direct,

forfeiture excluded.

(1) In accordance with article 40 of the Act,

Premises to be

provided with

all

apartments

shall be provided by the respective owner

or occupier with separate private letter boxes made to

lock, one for each of such apartments

Provided that each such private letter box shall

bear the number of the apartment to which it refers

Provider further that all such private letter boxes

shall be affixed within or outside the entrance hall or

corridor near the main common entrance door or in

a place on the ground floor easily visible and freely

accessible.

(2) All premises which have their main

entrance more than four and a half metres distant from

the gate or other access to the street, shall be provided

with private letter boxes made to lock and immediately

accessible from the street.

(3) All other premises shall be provided with

a posting-slot immediately accessible from the street.

(4) A postal article, other than a registered

or insured postal article, shall be deemed to have been

duly delivered when such postal article has been placed

in a private letter box required to be provided under this

regulation which bears the same address as is indicated

on the postal article.

(5) In this regulation, “apartment” means

and includes any part of a building let or occupied, or

intended to be let or occupied, separately and having in

common a main entrance door from the street with other

parts of the same building.

(6) The Authority in special circumstances

may in writing exempt persons from complying with the

provisions of this regulation.

(1) Save as otherwise provided in the Act

Postal articles

or these regulations, no postal article, while it is in a post

office or in the hands of an officer of a postal operator,

not subject to

may for any cause whatsoever, or by any warrant or

order of any court or other authority, be seized or

garnished, except in the following cases -

(a) when the addressee is dead and the

postal article is claimed by any of the heirs or other

person interested;

(b) when the seizure is ordered by the

competent judicial authority in connection with and

for the purposes of a criminal action.

(2) In any of the cases mentioned in

paragraphs (a) and (b) of sub-regulation (1) the postal

article seized or garnished shall not be delivered except

to the person appointed by the competent court and such

person shall be bound to secrecy.

In any case of bankruptcy the competent

postal articles

court may direct any postal article addressed to the

person adjudged bankrupt to be delivered by any officer

of a postal operator to the curator of the bankrupt’s

estate or to any other person appointed by the court.

In any such case the person adjudged bankrupt or his

representatives may attend at the opening of the postal

article, and, if the contents thereof do not concern the

bankruptcy estate, such person or his representatives

may claim its delivery, and the curator or person

appointed by the court shall, with regard to such postal

article, be bound to secrecy

Provided that where a person has been appointed in

terms of the Banking Act to take charge of the assets of

a bank or to assume control of the business of a bank or

as may be directed by the competent authority in terms

of the Banking Act, any postal article addressed to the

bank, partnership or firm in respect of which such person

is given powers under the said Act, shall be delivered to

such person.

Where the despatch or delivery of letters

letters to take

from a post office would be delayed by the despatch

over delivery or delivery therefrom at the same time of other postal

of other postal

articles, such other articles or any of them may be

detained for such time as in the opinion of the postal

operator concerned is strictly necessary not to cause

such delay

Provided that the exercise of such discretion by the

postal operator concerned shall be subject to compliance

with any measures that the Authority may require.

A person shall not enter upon the duties of an

to be made by

postal officers. officer of a postal operator unless he has first made on

oath, the declaration contained in the Second Schedule.

(1) It shall not be lawful for any officer of

a postal operator to disclose any information respecting

postal articles passing through the post without the

consent of the sender or of the person to whom they are

directed, or to disclose any information he may have

obtained by reason of his office, except for the purpose

of performing his duties with a postal operator, or of any

action in respect of any offence against any law, or in

such other cases as he may be authorised or required by

law to disclose such information.

(2) The provisions of sub-regulation (1) shall

continue to apply to any person who at any time was an

officer of a postal operator even after he has ceased to be

such an officer in respect of any information obtained by

him while he was such an officer.

(1) In accordance with guidelines which

shall be laid down by the Authority, any postal operator

shall draw up transparent, simple and inexpensive

procedures to deal with complaints by users, particularly

in cases involving loss, theft, damage or noncompliance

with quality of service standards. These procedures shall

enable disputes to be settled fairly and promptly and in

an inexpensive manner.

(2) The universal service provider and where

the Authority may consider appropriate, any operator

providing services within the scope of the universal

service, shall at least once every calendar year publish

information on the number of complaints received,

detailing what they were about and how they were dealt

with.”.

5. Regulation 8 of the principal regulations shall be added

as follows

(a) the words “regulations 9 to 43” shall be substituted

with the words “regulations 9 to 43A”;

(b) the words “article 17(6) of the Act.” shall be

substituted with the words “article 17(5) of the Act.”.

6. In regulation 9 of the principal regulations, the words

“The universal service provider” shall be substituted with the

words “The universal service provider or providers as the case may

be”.

7. In regulation 10 of the principal regulations, the words

“the universal service provider” wherever they occur shall be

substituted with the words “the universal service provider or

providers as the case may be”.

In regulation 11 of the principal regulations, the words

“the universal service provider” wherever they occur shall be

substituted with the words “the universal service provider or

providers as the case may be”.

In regulation 12 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider or providers as the case may be”.

In regulation 13 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider or providers as the case may be”.

Regulation 14 of the principal regulations shall be

amended as follows

(a) the words “the universal service provider” shall be

substituted with the words “the universal service provider or

providers as the case may be”;

(b) the words “articles 33 to 35 of the Act” shall be

substituted with the words “articles 33 to 35B of the Act”.

In sub-regulation (2) of regulation 15 of the principal

regulations the words “the universal service provider” shall

be substituted with the words “the universal service provider or

providers as the case may be”.

In regulation 16 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider or providers as the case may be”.

Regulation 17 of the principal regulations shall be

substituted with the following

When a postal operator is satisfied that a

“Postal

articles

postal article is addressed to a deceased person, it may,

addressed to

at its discretion, either

a deceased

person.

(a) immediately deliver or redirect such

postal article upon a legitimate 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 maximum

period of three months from the date of a written

request by any person entitled at law, to enable

such person to produce any evidence as may be

required to demonstrate that he has a legitimate

interest to request the delivery or redirection of the

postal article in question

Provided that if in terms of paragraph (b) no

request in writing is received or if the required

evidence is not produced within the aforesaid three

month period, the postal article shall be treated as

undeliverable and shall be dealt with as provided

in these regulations

Provided further that in the case of registered

postal articles, such postal articles shall not be

retained in terms of paragraph (b) of this regulation

and shall be treated as undeliverable and dealt with

as provided in these regulations.”.

15. In regulation 18 of the principal regulations the words

“satisfies the universal service provider that he has reasonable

grounds for such claim and, gives notice to the universal service

provider” shall be substituted with the words “satisfies any

universal service provider so designated that he has reasonable

grounds for such claim and, gives notice to such universal service

provider”.

16. Regulation 20 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof the words “the

universal service provider shall notify in writing” shall be

substituted with the words “the universal service provider

concerned shall notify in writing”;

(b) paragraphs (a) and (b) of sub-regulation (1) thereof

shall be substituted with the following

“(a) request the universal service provider

concerned to arrange for another delivery subject to the

payment of a reasonable fee to such universal service

provider

Provided that in doing so such universal service

provider shall endeavour to agree with the addressee as

to a mutually convenient time of delivery;

(b)

collect the parcel from the post office

indicated by the universal service provider concerned

Provided that in indicating a post office such

universal service provider shall endeavour to indicate

the most reasonably convenient post office for collection

of the parcel by the addressee.”.

17. In sub-regulation (3) thereof the words “the universal

service provider” wherever they occur shall be substituted with the

words “the universal service provider concerned”.

Regulation 22 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof the words “as

the universal service provider may, in the circumstances,

deem appropriate:” shall be substituted with the words

“as the universal service provider concerned may, in the

circumstances, deem appropriate:”, and the words “as the

universal service provider may deem appropriate, unless the

sender has requested” shall be substituted with the words “as

such universal service provider may deem appropriate, unless

the sender has requested”; and

(b) in sub-regulation (3) thereof the words “the

universal service provider” wherever they occur shall be

substituted with the words “the universal service provider

concerned”.

In regulation 23 of the principal regulations the words

“The postal services that the universal service provider is required

to provide shall include the following:” shall be substituted with

the words “The postal services that shall be required to be provided

by the universal service provider or providers so designated shall

include all or any of the following:”.

In regulation 24 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider or providers so designated”.

Immediately after regulation 24 of the principal

regulations there shall be added the following new regulations

(1) Quality-of-service standards in relation

to the universal service, paying attention in particular,

to routing time and to the regularity and reliability of

services, shall be set and published from time to time by

the Authority, having taken into account such views of

interested parties as it may deem necessary.

(2) The Authority may establish quality

standards in respect of cross-border mail

Provided that in respect of intra-Community cross-

border mail, such standards shall be set in accordance

with those set by the European Parliament and the

Council.

(3) Compliance with quality-of-service

standards by the universal service provider shall be

monitored by the Authority which shall from time

to time make a report on the results of the monitoring

exercise.

(4) The Authority may, when establishing

quality of service standards under this regulation, adopt

those measures that it considers to be appropriate in

respect of non-compliance with such standards by the

universal service provider. Such measures may include

requiring the universal service provider to pay such

administrative fines as the Authority may establish in

accordance with it powers at law.

(1) Any universal service provider shall

provide users and postal operators with regular, detailed

and up to date information on the particular features of

the universal service offered, with special reference to

the general conditions of access to the service, as well as

to prices and quality standard levels.

(2) Information referred to in sub-regulation

(1) shall be published at least annually by the universal

service provider in a manner that is to the satisfaction of

the Authority.”.

22. In sub-regulation (2) of regulation 25 of the principal

regulations the words “the universal service provider” shall

be substituted with the words “the universal service provider

concerned”.

23. In paragraph (c) of sub-regulation (1) of regulation

27 of the principal regulations the words “in the opinion of the

universal service provider” shall be substituted with the words “in

the opinion of the universal service provider so designated”.

24. Regulation 28 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof the words “by an

officer of the universal service provider” shall be substituted

with the words “by an officer of the universal service provider

concerned”;

(b) in sub-regulation (2) thereof the words “An

application to the universal service provider for redirection”

shall be substituted with the words “An application for

redirection to the universal service provider concerned”; and

(c) in sub-regulation (3) thereof the words “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:” shall be substituted with

the words “if it is either handed to an officer of the universal

service provider concerned or dropped in a letter box of such

universal service provider with an indication of the new

address:”.

In regulation 29 of the principal regulations the words Amends regulation

“The universal service provider” shall be substituted with the 29

words “The universal service provider so designated”.

In regulation 30 of the principal regulations the words Amends regulation

“The universal service provider” shall be substituted with the 30

words “The universal service provider so designated”.

In regulation 31 of the principal regulations the words Amends regulation

“The universal service provider” shall be substituted with the 31

words “The universal service provider so designated”.

In regulation 32 of the principal regulations the words Amends regulation

“The universal service provider” shall be substituted with the 32

words “The universal service provider so designated”.

In regulation 33 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider concerned”.

In regulation 34 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider concerned”.

The proviso to regulation 35 of the principal regulations

shall be substituted with the following

“Provided that the universal service provider so

designated may, in exceptional circumstances, re-direct the

said registered postal article if it is handed to any officer

of such universal service provider not later than the next

working date following delivery.”.

In regulation 36 of the principal regulations the words

“the universal service provider” shall be substituted with the words

“the universal service provider so designated”.

In sub-regulation (2) of regulation 38 of the principal

regulations the words “the universal service provider” shall

be substituted with the words “the universal service provider so

designated”.

Regulation 39 of the principal regulations shall be

substituted with the following

Any person who has attained the age of

“Application

eighteen years shall be entitled to the lease of a private

for private

delivery box.

delivery box by the universal service provider so

designated upon application

Provided that such 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.”.

35. In regulation 40 of the principal regulations the words

“The universal service provider shall make available” shall be

substituted with the words “The universal service provider so

designated shall make available”.

36. Regulation 42 of the principal regulations shall be

amended as follows

(a) in subsregulation (1) thereof the words “the

universal service provider shall, at least once every calendar

year, submit” shall be substituted with the words “any

universal service provider shall, at least once every calendar

year, submit”;

(b) sub-regulation (2) thereof shall be substituted with

the following

“(2) The information referred to in sub-regulation

(1) shall be submitted to the Authority in such manner as

to ensure reasonable publicity thereof.”; and

(c) sub-regulation (3) thereof shall be deleted.

37. Regulation 43 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof the words “the

universal service provider may make schemes in relation to

the postal services provided by it:” shall be substituted with

the words “any universal service provider may make schemes

in relation to the postal services provided by it:”;

(b) in paragraphs (a) and (b) of sub-regulation (1)

thereof, the words “the universal service provider” wherever

they occur shall be substituted with the words “the universal

service provider concerned”;

(c) in sub-regulation (3) thereof, the words “the

universal service provider” shall be substituted with the words

“the universal service provider concerned”; and

(d) in sub-regulation (5) thereof the words “Any

obligations undertaken by the universal service provider” shall

be substituted with the words “Any obligation undertaken by

a universal service provider”.

38. Immediately after regulation 43 of the principal

regulations there shall be added the following new regulation

(1) Where the Authority determines

that the universal service obligations entail a net cost

calculated taking into account the Second Schedule of

the Act, and represent an unfair financial burden on the

universal service provider or providers, it may make a

recommendation to the Minister to introduce by notice

in the Gazette

(a) a mechanism to compensate the operator

or operators concerned from public funds; or

(b) a mechanism for the sharing of the net

cost of the universal service obligations between

providers of services and, or users.

(2) Where the net cost is shared in

accordance with paragraph (b) of sub-regulation (1),

the Minister, in consultation with the Authority, may

establish a compensation fund which may be funded by

service providers and, or users’ fees, and is administered

for this purpose by the Authority.

(3) The Authority shall ensure that the

principles of transparency, non-discrimination and

proportionality are respected in establishing the

compensation fund and when fixing the level of financial

contributions referred to in paragraph (b) of sub-

regulation (1)

Provided that decisions taken shall be based

on objective and verifiable criteria and shall also be

published.”.

39. In regulation 49 of the principal regulations and in the

marginal note thereof, the word “notification” wherever it occurs

shall be substituted by the words “notification and application” and

the words “regulation 48” wherever they occur shall be substituted

by the words “regulations 45 to 48”.

40. Immediately after regulation 49 of the principal

regulations there shall be added the following new regulation

(1) In granting any authorization in

“Requirements

accordance with the Act, the Authority shall not

duplicate requirements and controls which are equivalent

or essentially comparable as regards their purpose to

which a postal operator may already be subject to in

another Member State

Provided that the Authority may consult with,

verify and check the fulfilment of such requirements and

controls with any other national regulatory authority of

another Member State as may be required

Provided further that the Authority shall evaluate

the equivalence or comparability of such requirements

and controls on a case-by-case basis and its decision

may be appealed to the Appeals Board.

(2) Nothing in this regulation shall affect

the right of the Authority to request a non-certified

translation of any certificate or document into the

Maltese or English language.”.

41. Immediately after regulation 51 of the principal

regulations there shall be added the following new regulation

The official mark or postage stamp on a

“Official mark

to be evidence

postal article denoting that any postage or other sum is

due in respect thereof to a postal operator, or to a post

office of any other country, shall, until the contrary is

proved, be evidence that the sum denoted as aforesaid is

due.”.

42. Regulation 52 of the principal regulations shall be

amended as follows

(a) the words “sold at their face value.” shall be

substituted with the words “sold at their face value:”; and

(b) immediately thereaftrer there shall be added the

following proviso thereto

“Provided that nothing in this regulation shall be

interpreted as prohibiting a postal operator providing

services within the scope of the universal services to pay

a commission to any person selling postage stamps on

its behalf.”.

43. Regulation 57 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, the words “The

universal service provider” shall be substituted with the words

“The universal service provider so designated”; and

(b) in sub-regulation (2) thereof, the words “The

universal service provider” shall be substituted with the words

“The universal service provider concerned”.

44. Immediately after regulation 57 of the principal

regulations there shall be added the following new regulation

(1) Subject to such conditions as the

Minister may, by regulations made under article 81 of

the Act prescribe, a person remitting money through the

postal operator by means of a money order may require

that the amount of the order, if not paid to the payee, be

repaid to him, or be paid to such person other than the

original payee as he may direct.

(2) If neither the payee nor the remitter of a

money order can be found, and if, within the period of

one year from the date of the issue of the order, no claim

is made by such payee or remitter, the amount of such

order shall not be claimable from the postal operator.”.

45. In sub-regulation (1) of regulation 59 of the principal

regulations, the words “Unless the universal service provider”

shall be substituted with the words “Unless the universal service

provider so designated”.

46. Immediately after regulation 61 of the principal

regulations there shall be added the following new regulation

If any person without reasonable excuse,

“Money paid

in excess or to

wrong person. the burden of proving which shall lie on him, neglects or

refuses to refund -

(a) any amount paid to him in respect of

a money order or postal order by an officer of a

postal operator in excess of what ought to have

been paid to him in respect thereof; or

(b) the amount of a money order or postal

order paid by an officer of a postal operator to him

instead of to some other person to whom it ought

to have been paid,

such amount shall be recoverable as a civil debt on the

demand of the postal operator.”.

47. In regulation 65 of the principal regulations, the words

“article17(4)(a)” shall be substituted with the words “article

17(3)”.

48. In regulation 66 of the principal regulations, the words

“providing postal services which fall within the scope of the

universal services” shall be deleted.

49. In sub-regulation (2) of regulation 67 of the principal

regulations, the words “issue directives to the universal service

provider” shall be substituted with the words “issue directives to

any universal service provider”.

50. The Schedule to the principal regulations shall be

renumbered as the First Schedule thereof.

51. Immediately after the First Schedule as a renumbered

to the principal regulations, there shall be added the following new

schedule thereto

B

“SECOND SCHEDULE

(Regulation 7F)

Declaration

I……. the undersigned, declare on oath/solemnly affirm that

(a) I will not willingly open or delay or cause or suffer to be opened or

delayed, contrary to my duty, any postal article which shall come into my hands or

custody by reason of my employment in the postal service, except with the consent

of the sender or of the person to whom the same shall be directed, or except in those

cases in which I shall be so authorized or directed according to law;

(b)

I will not in any way embezzle or steal any postal article;

(c) I will not at any time, and whether I am or not in the postal service,

furnish any information respecting postal articles passing through the post, or

obtained by me by reason of my employment, except when so authorised or

required according to law.

The declaration was sworn solemnly before me at……………

on the (date)………………………………………………….”.

€1.68