POSTAL SERVICES (GENERAL) REGULATIONS

SUBSIDIARY LEGISLATION 254.01

POSTAL SERVICES (GENERAL) REGULATIONS

4th October, 2005

LEGAL NOTICE 328 of 2005, as amended by Legal Notices 423 of 2007,

28 of 2009, 457 of 2010, 408 of 2012, 1 and 154 of 2014 and 146 and 305

of 2018.

The title of these regulations is the Postal Services

(General) Regulations.

Part I

Preliminary

Substituted by

L.N. 423 of 2007.

(Regulations 46 and 47)

Amended by

L.N. 28 of 2009;

L.N. 457 of 2010;

L.N. 408 of 2012.

Substituted by

L.N. 1 of 2014.

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 who are €5,000 or one and one half per

authorised in accordance with regulation 46 cent (1.5% ) of the total gross

to provide postal services both within and r e v e n u e f r o m p o s t a l s e r v i c e s

outside the scope of the universal services

within the scope of the universal

P r o v i d e d t h a t i f i n t h e o p i n i o n o f t h e service, whichever amount is the

Authority, an operator does not, within a higher.

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

ser v ic e, th e Au t ho r it y m a y est ab li sh a n

alternative mechanism to determine the total

fees due in line with the principles of

proportionality and reasonableness.

(b) Fees to be paid by operators who are €150;

authorised in accordance with regulation 47 Provided that an operator who

to provide postal services which are outside demonstrates to the satisfaction

the scope of the universal services.

of the Authority that its annual

gross revenue does not exceed

€24,300 shall be exempt from the

payment of any such fees.

POSTAL SERVICES (GENERAL)

(1) Any reference in these regulations to the "Act" is a

reference to the Postal Services Act and any regulations made

thereunder unless the context otherwise requires, and subject to the

provisions of subregulation (2), 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;

"customer" means any person who may also be a postal operator,

who purchases a postal service from a postal operator;

"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;

"Member State" means any member state of the European Union;

" m o n e y o r d e r e x c h a n g e a r r a n g em e n t " m e a n s a n y t r e a t y,

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;

"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;

"Postal Directive" means Directive 2008/6/EC of the European

Parliament and of the Council of 20 February 2008 amending

Directive 97/67/EC with regard to the full accomplishment of the

internal market of community postal services;

"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;

"postal infrastructure" includes physical infrastructure such as post

office boxes and delivery boxes, and infrastructure in non-physical

form such as postcode information, information on change of address,

redirection service, return to sender service, or arrangements made

with others for the provision of any postal service;

"postmark" means any mark or impression applied by a postal

operator to a postal article for any postal purpose;

"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.

Added by

L.N. 457 of 2010.

(Regulation 43A)

Substituted by

L.N. 154 of 2014.

Guidance on calculating the net cost, if any, of universal service

in accordance with the Postal Directive

Part A: Definition of the universal service obligations

Universal service obligations refer to the obligations, referred to in article 17 of

the Act, placed upon a postal service provider by a Member State which concern the

provision of a postal service throughout a specified geographical area, including,

where required, uniform prices in that geographical area for the provision of that

service or provision of certain free services for blind and partially sighted persons.

These obligations may include, among others, the following

-

a number of days of delivery, superior to those set in this Directive;

-

accessibility to access points, in order to satisfy the universal service

obligations;

-

the tariffs affordability of the universal service;

-

uniform prices for universal service;

-

the provision of certain free services for blind and partially sighted

persons.

Part B: Calculation of net cost

The Authority shall consider all means to ensure appropriate incentives for postal

service providers (designated or not) to provide universal service obligations cost

efficiently.

The net cost of universal service obligation is any cost related to and necessary for

the operation of the universal service provision. The net cost of universal service

obligations is to be calculated, as the difference between the net cost for a designated

universal service provider of operating with the universal service obligations and the

same postal service provider operating without the universal service obligations.

The calculation shall take into account all other relevant elements, including any

intangible and market benefits which accrue to a postal service provider designated

to provide universal service, the entitlement to a reasonable profit and incentives for

cost efficiency.

Due attention is to be given to correctly assessing the costs that any designated

universal service provider would have chosen to avoid, had there been no universal

service obligation. The net cost calculation should assess the benefits, including

intangible benefits, to the universal service operator.

The calculation is to be based upon the costs attributable to

(i)

elements of the identified services which can only be provided at a loss

or provided under cost conditions falling outside normal commercial

standards. This category may include service elements such as the

services defined in Part A;

(ii) specific users or groups of users who, taking into account the cost of

providing the specified service, the revenue generated and any uniform

prices imposed by the Authority, can only be served at a loss or under

cost conditions falling outside normal commercial standards.

POSTAL SERVICES (GENERAL)

This category includes those users or groups of users that would not be served by

a commercial operator that did not have an obligation to provide universal service.

The calculation of the net cost of specific aspects of universal service obligations

is to be made separately and so as to avoid the double counting of any direct or

indirect benefits and costs. The overall net cost of universal service obligations to

any designated universal service provider is to be calculated as the sum of the net

costs arising from the specific components of universal service obligations, taking

account of any intangible benefits. The Authority shall be responsible for verifying

the net cost. The universal service provider(s) shall cooperate with the Authority to

enable it to verify the net cost.

Part C: Recovery of any net costs of universal service obligations

The recovery or financing of any net costs of universal service obligations may

require designated universal service providers to be compensated for the services

that they provide under non-commercial conditions. As such compensation involves

financial transfers the Authority shall ensure that these are undertaken in an

objective, transparent, non-discriminatory and proportionate manner. This means

that the transfers result as far as possible in the least distortion to competition and to

user demand.

A sharing mechanism based on a fund referred to in regulation 43A of these

regulations should use a transparent and neutral mechanism for collecting

contributions that avoids a double imposition of contributions falling on both outputs

and inputs of undertakings.

The Authority or the independent body administering the fund, as the case may be,

is to be responsible for collecting contributions from undertakings, which are

assessed as liable to contribute to the net cost of universal service obligations and is

to oversee the transfer of sums due to the undertakings entitled to receive payments

from the fund.

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 66 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 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 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.

(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, 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

Provided 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 or these

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

hands of an officer of a postal operator, 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 sub-regulation (1)(a) and

(b) 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 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 from a post office

would be delayed by the despatch or delivery therefrom at the same

time 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.

(Deleted by Legal Notice 154 of 2014).

(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

d o w n b y t h e A u t h o r i t y, a n y p o s t a l o p e r a t o r s h a l l d r a w u p

transparent, simple and inexpensive procedures to deal with

complaints by users, particularly in cases involving loss, theft,

damage or non-compliance 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.

Part III

Universal Services

Unless otherwise provided in these regulations, regulations

9 to 43A 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(4) of the Act.

The universal service provider or providers as the case may

be 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 or

providers as the case may be 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

or providers as the case may be to provide

Provided that before doing so the Authority shall

first consult the universal service provider or providers

as the case may be.

The universal service provider or providers as the case may

be shall ensure that sufficient 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 or providers as the case may be

abides or abide with its obligations under this regulation.

Without prejudice to regulation 11, the Authority may by

directive require the universal service provider or providers as the

case may be 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 service provider or providers as the case may be shall

determine the manner in which each of its post offices shall be

managed.

Without prejudice to the provisions of articles 33 to 35B of

the Act, the universal service provider or providers as the case may

be shall deliver a postal article including a parcel at the address

indicated on the said postal article.

(1)

All locally addressed postal articles shall include

a 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

Provided further that a postal operator shall not incur any

liability for compensation to any person whether by reason of delay or

of mis-delivery of any postal article in the course of transmission

which is caused by a missing or erroneous postcode.

(2)

The provisions of sub-regulation (1) shall only apply

once the Authority determines the conditions to be adhered to by the

universal service provider in relation to the effective implementation

of the aforesaid sub-regulation, and the Authority subsequently is

satisfied that the universal service provider is complying with all such

conditions

Provided that the Authority may from time to time vary such

conditions.

Where an incoming postal article bears an "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 or providers as the case may be 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 a postal operator is satisfied that a postal article is

addressed to a deceased person, it may at its discretion immediately

deliver or redirect such postal article upon a legitimate request in

writing by -

(a) the executors named in the will of the addressee, or

(b) the surviving spouse of the addressee, or

(c) the heirs of the addressee, or

(d) the administrator of the estate of the addressee or any

other person conducting the affairs of that estate, or

(e) any other interested person

Provided that if the postal operator requires any evidence

that a person has a legitimate interest to request the delivery or

redirection of the postal article in question, then the postal operator

concerned shall retain the postal article in question for such a

reasonable period as is necessary to enable such person to produce

any such evidence. If the required evidence is not provided within

such period then the postal articles shall not be retained 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 this

regulation and shall be treated as undeliverable and 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

t he m a i l o f a f i r m o r p a r t n e r s h i p o r o f a d i s s o l v e d f i r m o r

partnership, or of a society, association, institution or any other

body, satisfies any universal service provider so designated that he

has reasonable grounds for such claim and, gives notice to such

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 regulation 19(a), 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 concerned shall notify in writing the addressee

that he may, at his option, either

(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.

(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), the addressee shall be

notified again by registered post of the options stated under

subregulation (1)

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), 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 for delivery to any place 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 concerned 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 concerned 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 concerned is unable to

establish the address of the sender and the universal service

provider concerned 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

concerned 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 concerned 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

such 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 concerned 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 concerned 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 concerned is unable to

establish the address of the sender and the universal service

provider concerned 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

concerned may dispose of such items in any manner as it may

consider appropriate.

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

(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

reg ul at io ns, th e u ni ve rsa l servi ce prov id er o r p ro vi d ers so

designated shall provide the postal services referred to in regulation

23 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 or providers so designated

and any other stakeholders whom the Authority considers should be

consulted.

(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

a n d p o s t a l o p e r a t o r s w i t h r e g u l a r, d e t a i l e d a n d u p t o d a t e

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.

(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 concerned 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

f ou n d , t h e p o s t a l a r t ic l e s ha l l b e r e t u r n e d w i th t h e s ta m p s

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 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 so designated 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,

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 concerned or after delivery at the original address.

(2) An application for redirection to the universal service

provider concerned 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; or

(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 concerned or dropped in a letter box

of such 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 so designated 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 so designated 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 so designated 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 so designated shall provide

a r e g i s t r a t i o n s e r v i c e w h e r e b y e v e r y p o s t a l ar t i c l e m a y b e

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 concerned 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

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 concerned 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

receipt obtained in accordance with the provisions of regulation 33,

it shall not be re-directed as provided for in regulation 28(3)

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.

If any registered postal article is, after delivery, dropped

into a letter-box of the universal service provider so designated 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 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

eleven euros and sixty cents (11.60) 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, 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

prepaid 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

subregulation (1), 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 so designated 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 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.

The universal service provider so designated 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 or under any other law, or under any directive or under any

authorisation, any universal service provider shall, at least once

every cal end ar year, subm it to the Authority the f ollowing

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 information referred to in sub-regulation (1) shall be

submitted to the Authority in such manner as to ensure reasonable

publicity thereof.

(1) Without prejudice to any other obligation under the

Act, any other law, any directive or any authorisation, any universal

service provider may make schemes in relation to the postal

services provided by it

Provided that the Authority may by directive

(a) require the universal service provider concerned 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

(b) require the universal service provider concerned to

amend any existing scheme that may have been

adopted in accordance with this regulation where the

said scheme is iin conflict with the Act, the licence or

authorisation conditions, or with any decision or

directive issued by the Authority

Provided further that the Authority shall, before requiring

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

with the universal service provider concerned 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 concerned 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 obligation undertaken by a 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.

(1) Where the Authority determines that the universal

service obligations entail a net cost calculated taking into account

the Second Schedule which represent an unfair financial burden on

the universal service provider or providers, the Authority may then

introduce

(a) a mechanism to compensate the postal operator or

operators concerned from public funds

Provided that such a mechanism may only be

established with the prior approval in writing of the

Minister granted with the concurrence of the Minister

for Finance; and, or

(b) a mechanism for the sharing of the net cost of the

universal service obligations between postal operators

and, or users

Provided that in such a case the Authority may

establish a compensation fund which may be funded

by postal operators and, or the fees paid by users, and

which is administered for this purpose by the

Authority or a body independent of the beneficiary or

beneficiaries under the supervision of the Authority.

(2) The Authority shall notify each postal operator required to

share the cost of a universal service obligation of its obligation to

contribute to such cost, including the amount, manner and timing of

payments to be made.

(3) A postal operator which has been notified of its obligation

to contribute an amount specified by the Authority, shall pay that

amount in the time and manner specified by the Authority.

(4) 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 sub-regulation (1)(b)

Provided that decisions taken shall be based on objective

and verifiable criteria and that they shall be published.

(1) If a universal service provider designated in

accordance with the Act at any time ceases, for a continuous period

of one week, to provide a universal service the provision of which

it has been designated to provide, for any reason other than

(a) industrial action or other force majeure; or

(b) if the universal service provider goes into liquidation

or is declared bankrupt,

then the Authority may consider the universal service provider as

effectively being unable to abide with the said universal service

obligation onerous on it.

(2) Where a universal service provider ceases to provide a

universal service in the circumstances referred to in sub-regulation

(1), the Government may, with the prior written approval of the

Authority, in order to ensure the continuity of that service, take

over that part of the operation of the postal services relating to the

provision of the universal service obligation which a universal

service provider has ceased to provide, without any obligation to

pay compensation to the universal service provider concerned

Provided that in doing so the Authority, in consultation with

Government, where necessary, shall without any undue delay

endeavour to find an alternative operator to provide the said

universal service in line with the Act

Provided further that the Government or any person

authorised by the Government for the purpose, shall be empowered

to use the assets of the universal service provider concerned subject

to the payment of such compensation for the said use as may be

agreed between the parties, or in default of agreement, as may be

determined by the competent Maltese courts or, where all the

parties agree, by arbitration according to Maltese law, and to

recou p an y reasonable costs incurred in provi ding the said

universal service from the defaulting universal service provider.

Part IV

Authorisations

POSTAL SERVICES (GENERAL)

(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.

(Deleted by Legal Notice 1 of 2014).

(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.

(2) The grant of a licence under sub-regulation (1) shall be

deemed to authorise the licensee to provide also postal services outside

the scope of the universal services

Provided that the licensee shall also comply with the

conditions attached to the general authorisation.

(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 First Schedule.

(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.

(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 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).

The granting of an individual licence may

(a) if necessary and justified, impose requirements

concerning the quality, availability and performance of

the relevant services;

(b) where appropriate, be subject to an obligation to make

a financial contribution to the sharing mechanisms as

may be established in accordance with the Act and, or

with these regulations if the provision of the universal

service entails a net cost and represents an unfair

burden on the universal service provider or providers

as may be designated in accordance with the Act;

(c) where appropriate, be subject to an obligation to make

a financial contribution to the operational costs of the

Authority;

(d) include the provision to the Authority by the licensee

of such information relating to the turnover of postal

services that are within the scope of the universal

service and any postal services outside this scope;

(e) include such conditions as the Authority may consider

to be necessary having regard to its functions at law

and, or to the international obligations of Malta; and

(f)

in the case of universal service providers only, be

made subject to universal service obligations.

(1) An application for an individual licence shall be

submitted to the Authority, following which the application shall be

processed and determined in a timely manner by the Authority

which shall, in writing, inform the applicant of its decision to grant

or refuse the application within one month from when it receives

the application in a complete state and drawn up in a manner that

complies with the provisions of the Act and, or these regulations. In

the case of a refusal the Authority shall give its reasons

Provided that such period of one month may be extended by

the Authority up to a maximum of another two months where an

application requires consultation between the Authority and any

other government body or other local or foreign public authority,

however so described, with regard to any aspect of the provision of

postal services applied for. If the Authority requires such an

extension it shall inform the applicant accordingly informing in

writing the applicant of the reasons as to why such an extension is

required.

(2) The time limits provided for in this regulation shall be

without prejudice to any applicable international agreements

relating to postal services.

(3) Upon receipt of an application for an individual licence, the

Authority shall publicise on its website that such an application has

been made, giving such details as it may deem necessary to enable

any persons wishing to make representations within such period as

the Authority may establish.

(4) The applicant in his application shall provide a clear

description of the postal service or services being applied for and

shall include with his application any such information as the

Authority may require

Provided that in any case the applicant must provide such

information as is sufficient to demonstrate that he fulfils the

conditions for the grant of the licence.

(5) Due to overriding reasons of public interest, the absence of

a final decision from the Authority within the time periods stated in

this regulation shall not be construed to imply the granting of an

individual licence applied for

Provided that the applicant, if he considers the delay to be

unjustified and as a result has suffered prejudice, may then appeal

in accordance with the provisions of Part VIII of the Malta

Communications Authority Act.

(6) A person authorised in accordance with regulation 46 shall

notify the Authority in writing of any changes to the information

provided in accordance with sub-regulation (4) within fourteen

days of such change.

The Authority may refuse to grant an application for an

individual licence if it considers that the grant of the licence

would -

(a) be against the public interest, or be inconsistent with

Government policy and the Minister agrees that is the

case;

(b) be inconsistent with the provisions of the Act or of any

other law, or with any international commitment

undertaken or in the process of being undertaken by

Malta;

(c) pose a danger or nuisance to the public or damage to

any property, or obstruct or interfere with any lawfully

operated postal services;

(d) authorise an applicant when he does not demonstrate

to the Authority that he fulfils the conditions for the

grant of such a licence;

(e) be given to a person who the Authority has valid

grounds to consider as not being a fit and proper

person to hold the licence applied for, or would not be

in a position because of his financial and, or other

specific circumstances, to comply with the provisions

of the Act and, or of these regulations or with the

licence conditions if granted.

(1) Any person who intends to provide postal services

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

notify the Authority of his intention to provide such services.

(2) The notification under subregulation (1) 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), 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 shall notify the Authority of any changes to the

information supplied under subregulation (2)(a), within fourteen

days of such change and, in relation to the matters referred to in

subregulation (2)(b) to (d), within fourteen days prior to the

commencement of the relevant activity.

The Authority shall, within seven working days of the receipt

by it of an application made in accordance with 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.

(1) In granting any authorization in 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.

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

those persons who are authorised to provide postal services in

accordance with these regulations

Provided that any information that 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 sub-regulation.

(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.

(1) No individual licence may be transferred or assigned

by the authorised provider to another person without the prior

consent in writing of the Authority

Provided that the Authority shall communicate its decision

within one month from when the authorised provider applies in

writing for its consent and, in doing so, the Authority shall state its

reasons for the decision

Provided further that where the authorised provider is a

body corporate or another body of persons, a change in the control

of ownership or management of that body shall be equivalent to the

transfer of the individual licence, and shall be subject to the prior

consent of the Authority as aforesaid.

(2) The change in the control of the ownership or management

of an authorised body corporate or other body of persons enjoying a

general authorisation, shall be immediately notified in writing to

the Authority.

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.

The official mark or postage stamp on a 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.

Unless otherwise provided for under the Act or these

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

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.

(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 prepaid 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

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.

(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) 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

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 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.

(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 so designated 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 concerned 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.

(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.

The minimum and maximum amounts for which a single

money order may be issued shall respectively be of two euros and

thirty cents (2.30) and two thousand and three hundred and twenty-

five euros (2,325), but the remitter may apply for more than one

money order at the same time

Provided that nothing contained in this regulation shall be

c o n s t r u e d a s a ff e c t i n g o r d e r o g a t i n g f r o m a n y l i m i t a t i o n ,

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 so designated

agrees otherwise, 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 the date when it is issued.

The amount of a money order may be refunded to the

remitter against presentation of the order within the period of its

validity.

If any person without reasonable excuse, 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.

Money orders whose validity has lapsed and which have

not been revalidated, shall be refunded to the remitter.

Part VII

Postal Identifier

(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.

Part VIII

Compliance and Sanctions

(1) The Authority shall ensure compliance with the

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 eleven thousand and

six hundred and forty-five euros (11,645) for each infringement

and, or four hundred and sixty-five euros (465) for each day during

which any such non-compliance continues.

Part IX

Market Regulation

(1) The Authority shall define the relevant postal services

markets within the scope of the universal service appropriate to

national circumstances.

(2) The provisions of sub-regulation (1) are without prejudice

to any other relevant postal services markets that the Authority may

define in accordance with the principles of competition law.

(1) The Authority shall determine whether postal

operators have significant market power in accordance with this

regulation and taking into account any guidelines howsoever

described by the Authority

Provided that, on the coming into force of these regulations,

the Authority may designate the postal operator designated as the

universal service provider, as having significant market power in

any relevant postal services market within the scope of the

universal service as identified by the Authority.

(3) A postal operator shall be deemed to have significant

market power if either individually or jointly with others, it enjoys

a position equivalent to dominance, that is to say a position of

e c o n o m i c s t r e n g t h a ff o r d i n g i t t h e p o w e r t o b e h a v e t o a n

appreciable extent independently of competitors, customers and

ultimately users.

(4) Where a postal operator has significant market power on a

specific relevant postal services market, it may also be designated

as having significant market power on a closely related postal

services market where the links between the two markets are such

as to allow the market power held on one market to be leveraged

into the other market, thereby strengthening the market power of

the postal operator.

(1) The Authority may, at any time as it may deem

necessary, after having defined a postal services market in

accordance with regulation 64A, carry out an analysis of such a

market taking into account any guidelines howsoever described by

the Authority.

(2) Where the Authority is required under sub-regulations (3)

and (4), or regulations 64E to 64I, to determine whether to impose,

maintain, amend or withdraw specific obligations on postal

operators, it shall determine on the basis of its market analysis

referred to in sub-regulation (1) whether a relevant postal services

market is effectively competitive.

(3) Where the Authority determines that a postal services

market is effectively competitive, it shall not impose or maintain

any of the specific regulatory obligations referred to in sub-

regulation (2) applicable to a postal operator with significant

market power

Provided that in cases where a postal operator had

previously been designated as having significant market power and

such obligations already exist, the Authority shall, after giving

reasonable notice to any parties which the Authority considers to be

affected by such withdrawal, withdraw such obligations onerous on

the postal operator concerned.

(4) Where the Authority determines that a postal services

market is not effectively competitive, it shall designate postal

operators as having significant market power in accordance with

regulation 64B, and it shall impose on such postal operators

appropriate regulatory obligations referred to in sub-regulation (2),

or maintain and amend such obligations where they already exist.

(5) The Authority shall, when necessary, carry out a further

analysis of a relevant postal services market referred to in sub-

regulation (1), and sub-regulations (2) to (4) shall apply

accordingly.

(1) The Authority shall impose the obligations identified in

regulations 64E to 64I, as appropriate, on any postal operator

having significant market power in a relevant postal services

market as a result of a market analysis carried out in accordance

with these regulations.

(2) Unless otherwise provided in the Act or in these

regulations, and without prejudice to the need to comply with

international commitments, the Authority shall not impose any of

the obligations set out in regulations 64E to 64I on postal operators

who have not been designated as having significant market power

in accordance with sub-regulation (1)

Provided that regulations 64E to 64I shall be without

prejudice to the power of the Authority to issue any directives to

any postal operator as it may be authorised to issue at law,

including but not limited to any such directives issued in respect of

article 76A of the Act.

In accordance with the provisions of regulation 64D, a

postal operator, designated as having significant market power in a

relevant postal services market, shall provide such services in that

market to customers at cost-oriented prices, that is to say, that

prices shall take account of, and reflect the costs of, providing the

postal service or part of the postal service in that market.

(1) In accordance with the provisions of regulation 64D,

a postal operator designated as having significant market power in

a relevant postal services market must provide such services in that

market to customers

(a) at prices, terms and conditions that are non-

discriminatory; and

(b) shall not discriminate in favour of itself, or of its

subsidiaries or partners, in the provision of such

services in that market.

(2) The obligation to provide such services on a non-

discriminatory basis requires that differences in the prices, terms

and conditions for comparable postal services have to be based on

objective differences, such as, but not limited to, variations in the

cost of the service provided, variations in the quantity or quality of

the service provided, or variations in the duration of the service

agreement period.

(1) In accordance with the provisions of regulation 64D,

a postal operator, designated as having significant market power in

a relevant postal services market, shall provide such services in that

market on an unbundled basis.

(2) Without prejudice to the generality of sub-regulation (1),

the postal operator shall not require that, as a condition of

purchasing such a service, a customer shall also purchase any other

postal service or non-postal service or product

Provided that the postal operator may offer customers the

option to purchase a package that contains multiple postal services

and non-postal services or products.

(1) In accordance with the provisions of regulation 64D,

and in accordance with any directives that the Authority may issue,

a postal operator designated as having significant market power in

a relevant postal services market shall submit a tariff for the written

approval of the Authority prior to offering or modifying the terms

and conditions on which it offers any postal service that it provides

in that market, including postal services designed for specific

customers

Provided that where a tariff has been approved in

accordance with this regulation the postal operator shall obtain the

written approval of the Authority prior to the withdrawal of the

postal service that it provides.

(2)

The Authority may issue directives to a postal operator

designated as having significant market power in a relevant postal

services market in respect of the manner in which approved tariffs,

terms and conditions (including quality of service) on which the

postal operator provides the service, shall be published.

(1) Without prejudice to the provisions of article 23 of

the Act, in accordance with regulation 64D and with any directives

as the Authority may issue, a postal operator designated as having

significant market power in a relevant postal services market is

required to keep separate accounts within its accounting system.

(2) An internal accounting system as referred to in sub-

regulation (1) shall operate on the basis of consistently applied and

objectively justifiable cost accounting principles

Provided that the Authority may specify the format and

accounting methodology to be used by a postal operator found to

have significant market power.

(3) Compliance with the cost accounting system, including

related regulatory accounts, shall, at the choice of the Authority, be

verified by the Authority or by a suitably qualified independent

body approved by the Authority.

(4) The postal operator concerned shall also publish in its

annual accounts a statement concerning compliance by it with any

cost accounting system imposed under this regulation.

(1) A postal operator shall have a right and, when

requested by another postal operator, an obligation to negotiate

access with a view to concluding an agreement with each other for

the purpose of providing postal services and shall serve a notice on

the Authority upon the commencement of any such negotiations.

(2) The Authority shall, if so requested in writing by either

party to the negotiations, specify the period within which the

negotiations referred to in sub-regulation (1) shall be completed.

(3) Where agreement is not reached within the period specified

by the Authority under sub-regulation (2), the Authority, at its

discretion and if so requested by either party to the negotiations,

may take steps to resolve any dispute which may have arisen as a

result of the failure to reach an agreement

Provided that the resolution of any such dispute shall be in

accordance with procedures established and maintained by the

Authority.

(4) A postal operator which acquires 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 person including

any subsidiaries or partners, for whom such information could

provide a competitive advantage.

(1) The Authority may issue directives to a postal

operator providing services within the scope of the universal

service, requiring it to permit access to other postal operators to its

postal infrastructure on such terms and conditions as the Authority

may direct for that purpose, in particular, in situations where the

Authority considers that denial of access, or unreasonable terms

and conditions having a similar effect, hinder the emergence of a

sustainable competitive market or would not be in the interest of

the user.

(2) The Authority may require a postal operator providing

services within the scope of the universal service to adopt and

publish a reference offer which specifies the terms and conditions

on which the postal operator will permit access to other postal

operators to its postal infrastructure.

(3) The Authority may specify the precise information to be

made available in a reference offer, including provisions related to

the type of access to be provided, the price of access, terms and

conditions relating to matters other than price, and the level of

detail required and the manner of publication.

(4) The Authority may impose changes to reference offers to

give effect to the obligations imposed under these regulations.

(1) The Authority may issue directives to a universal

service provider requiring it to meet reasonable requests for access

to, and use of, specific elements of the postal network on such

terms and conditions as the Authority may direct for that purpose,

in particular, 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 user.

(2) The Authority may require a universal service provider to

adopt and publish a reference access offer which specifies the terms

and conditions on which the universal service provider shall permit

access to specific elements of the postal network, which shall be

sufficiently unbundled to ensure that postal operators are not

required to pay for facilities which are not necessary for the

services requested

Provided that the universal service provider shall, in doing

so, give a description of the relevant offerings broken down into

components according to market needs, and the associated terms

and conditions including prices.

(3) The Authority may specify the precise information to be

made available in a reference access offer, including provisions

related to the type of access to be provided, the price of access,

terms and conditions relating to matters other than price, and the

level of detail required and the manner of publication.

(4) The Authority may impose changes to reference access

offers to give effect to the obligations imposed under these

regulations.

Any directives and decisions howsoever described issued

by the Authority and in force prior to the coming into force of these

regulations shall continue to be in force until revoked or amended

by the Authority.

Part X

Miscellaneous

Any exception or derogation granted by the Authority in

accordance with article 17(2) of the Act shall be communicated to

the European Commission and to all other national regulatory

authorities.

The Authority may issue directives to a postal operator 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.

(Deleted by Legal Notice 408 of 2012).

Nothing in these regulations shall exempt any person from

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

licence or other approval or authorisation however so described,

necessary to 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.

POSTAL SERVICES (GENERAL)