Postal Services (General) (Amendment) Regulations, 2014

L. N. 1 of 2014

POSTAL SERVICES ACT

(CAP. 254)

Postal Services (General) (Amendment) Regulations, 2014

IN EXERCISE of the powers conferred by article 81 of the

Postal Services Act, the Minister for the Economy, Investment and

Small Business, 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, 2014 and these regulations shall

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

Regulations, hereinafter referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

on the 1 January 2014.

Regulation 45 of the principal regulations shall be deleted.

Regulation 46 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following

"(1) The authorisation by virtue of which a postal

operator provides postal services falling within the scope

of the universal service shall be granted by individual

licence."; and

(b)

in subregulation (3) thereof, for the words "the

annual fee specified in the Schedule.", there shall be substituted

the words "the annual fee specified in the First Schedule.".

Regulation 47 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following

"(1) The authorisation to provide postal services

that are outside the scope of the universal service shall be

granted in accordance with a general authorisation

Provided that nothing in these regulations shall be

construed as authorising a postal operator who enjoys a

general authorisation in accordance with this regulation to

provide any postal services that fall within the scope of the

universal service."; and

(b)

sub-regulation (5) thereof shall be substituted by

the following

"(5) Authorised postal operators shall pay to the

Authority such annual fees as established in the First

Schedule

Provided that these fees shall not be paid if the

operator in question is licensed and has paid the annual fee

referred to in regulation 46(3).".

Regulation 49 of the principal regulations shall be Substitutes

regulation 49 of

substituted by the following

the principal

regulations.

" Declaration

49. The Authority shall, within seven

upon receipt of

working days of the receipt by it of an

application or

application made in accordance with

notification.

regulation 46 or a notification made to it in

accordance with regulations 47 and 48, issue

to the postal operator making such an

application or 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 an application pursuant to

regulation 46 or a notification pursuant to

regulations 47 and 48, as the case may be.".

The First Schedule to the principal regulations shall be Substitutes the

First Schedule

substituted by the following

of the principal

regulations.

"FIRST SCHEDULE

(Regulations 46 and 47)

Fees to be paid on an annual basis

The fees listed in this Schedule shall be applicable as from the

1st January 2014

Fees

(a) Fees to be paid by operators

€5,000 or one and one

who are authorised in accordance with

half per cent (1.5%) of the

regulation 46 to provide postal

total gross revenue from

services both within and outside the

postal services within the

scope of the universal services

scope of the universal

service, whichever amount

Provided that if in the opinion of

is the higher.

the Authority, an operator does not,

within a reasonable timeframe given

by the Authority, provide adequate

and satisfactory information on the

total gross revenue generated from the

provision of postal services within the

scope of the universal service, the

Authority may establish an alternative

mechanism to determine the total fees

due in line with the principles of

proportionality and reasonableness.

(b) Fees to be paid by operators

€150;

who are authorised in accordance with

Provided

that

an

regulation 47 to provide postal operator who demonstrates

services which are outside the scope to the satisfaction of the

of the universal services.

Authority that its annual

gross revenue does not

exceed €24,300 shall be

exempt from the payment of

any such fees.".

€0.36