LAW ON POSTAL SERVICES

CONTENTS

CHAPTER I. GENERAL PROVISIONS ............................................................................. 3

Article 1. Purpose, Scope and Objectives of the Law ....................................................... 3

Article 2. Principles of Regulation of the Provision of Postal Services ........................... 3

Article 3. Definitions ........................................................................................................ 3

CHAPTER II. FRAMEWORK FOR POSTAL POLICY MAKING AND REGULATION OF THE

ACTIVITY OF PROVISION OF THE POSTAL SERVICE .............................................. 5

Article 4. State Institutions in the Area of Postal Activities ............................................. 5

Article 5. Functions of the Government in the Area of Postal Activities ......................... 6

Article 6. Functions of the Ministry in the Area of Postal Activities ............................... 6

Article 7. Functions of the Regulatory Authority in the Area of Postal Activities ........... 7

Article 8. Exceptions for a transitional period till full liberalisation of postal market ..... 9

CHAPTER III. PROVISION OF THE POSTAL SERVICES ............................................. 9

Article 7. Right to Provide the Postal Service .................................................................. 9

Article 8. Use of a Postal Network ................................................................................. 11

Article 9. Settlement of Disputes between Postal Service Providers.............................. 11

Article 10. Rights and Duties of Postal Service Providers and Users ............................ 11

Article 11. Confidentiality of Postal Items and Data Protection .................................... 14

Article 12. Liability of Postal Service Providers and Compensation for Damage ......... 14

Article 13. Settlement of Disputes between Users and Postal Service Providers ........... 16

CHAPTER V. PROVISION OF UNIVERSAL POSTAL SERVICES ............................. 17

Article 14. Universal Postal Service ............................................................................... 17

Article 15. Reserved Postal Services .............................................................................. 17

Article 15. Obligation of the Universal Postal Service Provider .................................... 18

Article 16. Rights and Duties of the Universal Postal Service Provider ........................ 18

CHAPTER VI. OBTAINING OF INFORMATION AND SUPERVISION OF COMPLIANCE WITH

THE LAW ........................................................................................................................... 20

Article 18. Obtaining of Information .............................................................................. 20

Article 19. Supervision of Compliance with the Provisions of the Law ........................ 21

CHAPTER VII. ECONOMIC SANCTIONS ..................................................................... 22

Article 20. Actions of the Regulatory Authority in the Case of an Infringement ........... 22

Article 21. Notification of Infringement Proceedings .................................................... 22

Article 22. Persons Participating in Infringement Proceedings ...................................... 23

Article 23. Time Limits for Infringement Proceedings and Imposition of an Economic Sanction

......................................................................................................................................... 24

Article 24. Publicity of Proceedings ............................................................................... 24

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Article 25. Infringement Proceedings ............................................................................. 24

Article 26. Economic Sanctions ...................................................................................... 25

Article 27. Gross or Persistent Infringement .................................................................. 26

Article 28. Determination of the Amount of an Economic Sanction .............................. 26

Article 29. Imposition of and the Refusal to Impose an Economic Sanction ................. 28

Article 30. Procedure for Appealing against a Decision to Impose an Economic Sanction 29

Article 31. Publication of Information on Prohibition to Provide the Postal Service .... 29

Article 32. Right of Access to the Materials Related to Infringement Proceedings ....... 29

Article 33. Enforcement of Economic Sanctions ............................................................ 30

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LAW No. ………..

ON POSTAL SERVICES

Assembly of Republic of Kosovo,

Based on Article 65 (1) of the Constitution of the Republic of Kosovo,

Repeals Law No. 03/L-173 and adopts recast of :

LAW ON POSTAL SERVICES

CHAPTER I. GENERAL PROVISIONS

Article 1. Purpose, Scope and Objectives of the Law

1. This Law shall regulate the activity of postal service provision, the institutional framework for

postal policy making and regulation of the provision of postal services, the rights and duties of the

providers and users of postal services, liability of postal service providers and compensation for damage.

2. The present Law shall not regulate diplomatic post activity.

3. This Law shall implement the legal act of the European Union referred to in the Annex to this

Law.

Article 2. Principles of Regulation of the Provision of Postal Services

The provision of postal services shall be regulated by the principles of freedom of postal service

provision, fair competition and accessibility of the universal postal service to all users.

Article 3. Definitions

1. Person shall mean a natural person, legal person or another organisation, also division thereof.

2. Terminal due shall mean the remuneration of a universal service provider for the clearance,

distribution, transport and delivery of incoming cross-border postal item.

3. Addressee shall mean a person to whom a postal item is addressed.

4. Cash-on-delivery postal item shall mean a postal item handed over to the addressee against

payment to a postal service provider of an amount specified by the sender.

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5. Insured postal item shall mean a postal item in the event of damage or loss whereof the

compensation of up to the value declared by the sender shall be paid.

6. Item of correspondence shall mean a postal item consisting of a notice inscribed on any

physical medium, including small packages, to be dispatched and delivered at the address of the

addressee indicated therein. Books, catalogues, newspapers and other periodicals shall not be considered

items of correspondence.

7. User shall mean a sender or an addressee of a postal item.

8. Means of postal prepayment shall mean a valid postage stamp, souvenir sheet, envelope,

postcard (plain postcard), and aerogramme with pre-printed stamps, impressions of franking machines

and special approved prepayment impressions of the Republic of Kosovo.

9. Postal service shall mean the clearance, sorting, transport and delivery of postal items.

10. Postal service provider shall mean a natural person or a legal person or any other

organisation established in the Republic of Kosovo, also division thereof, providing the postal service.

11. Access point shall mean a part of the postal network, including letter boxes provided for the

public either on a public highway or at the premises of a postal service provider. This shall be the

location where senders of postal items may deposit the items with the postal network, and the addressees

may collect the same.

12. Postal item shall mean an addressed and ready to be sent item, including items of

correspondence, postal parcels, items containing books, catalogues, newspapers and other periodicals,

which is to be delivered by a postal service provider.

13. Postal parcel shall mean a postal item of up to 50 kg containing an article (articles) or

merchandise with or without commercial value.

14. Postal network shall mean the totality of elements and other means of the postal

infrastructure used for the provision of the postal service.

16. Delivery shall mean the totality of actions performed from sorting of postal items to handing

in of them to addressees through the postal network, including the handing in in person with

acknowledgement of receipt.

17. Registered postal item shall mean a postal item provided with a guarantee against risks of

loss, theft or damage thereof through the fault of a postal service provider as provided in the present

Law or the agreement with the sender. Upon request, the sender shall be supplied with proof of the

delivery of the postal item in person with acknowledgement of receipt.

18. Reserved postal items shall mean postal items provision of which are restricted according to

the weight and price limits in order to ensure the maintenance of universal postal services in the territory

of Republic of Kosovo.

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18. Sorting shall mean the totality of actions performed in respect of postal items from the

receipt thereof at the sorting venue to the submission of the items for transportation or delivery – sorting

according to different criteria of delivery.

19. Sender shall mean a person indicated on a postal item. Where the sender is not indicated on

the postal item, the sender shall be considered the person who submits the postal item to the postal

service provider to be delivered to the addressee.

20. Clearance shall mean the actions of a postal service provider resulting in receipt of postal

items in the postal network.

21. Cross-border postal item shall mean a postal item sent from one state to another.

22. Universal postal service shall mean a postal service of the quality established by legal acts

that for an affordable fee is to be provided to all users willing to be provided with such a service on the

entire territory of the Republic of Kosovo.

23. Universal postal service provider shall mean a postal service provider authorised

(according to this law) by the competent state institution to provide the universal postal service on the

territory of the Republic of Kosovo.

24. EU Member State means a Member State of the European Union or a state of the European

Economic Area.

25. Other definitions used for the purpose of the present Law shall be interpreted as defined in

the Parcel Post Regulations and the Letter Post Regulations of the Universal Postal Union, Directive

97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the

development of the internal market of Community postal services and the improvement of quality of

service (OJ 2004 special edition, Chapter 6, Volume 3, p. 71), as last amended by Directive 2008/6/EC

of the European Parliament and of the Council of 20 February 2008 (OJ 2008 L 52, p.3) and other

applicable laws of the Republic of Kosovo.

CHAPTER II. FRAMEWORK FOR POSTAL POLICY MAKING AND REGULATION OF

THE ACTIVITY OF PROVISION OF THE POSTAL SERVICE

Article 4. State Institutions in the Area of Postal Activities

State institutions of postal activities shall be:

1) the Government;

2) the Ministry of Economic Development of the Republic of Kosovo (hereinafter: the Ministry);

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3) the Communications Regulatory Authority of the Republic of Kosovo (hereinafter: the

‘Regulatory Authority’).

Article 5. Functions of the Government in the Area of Postal Activities

The Government shall:

1) approve a procedure for obligating the universal postal service provider and obligate the

universal postal service provider to provide the universal postal service on the territory of the Republic

of Kosovo;

2) notify the international organisations applicable (e.g. Universal Postal Union, European

Commission) of the postal service provider obligated to provide the universal postal service on the entire

territory of the Republic of Kosovo and the state institution specified in this law as Regulatory Authority

in postal area;

3) approve the procedure of compensation for net cost of universal postal service provision,

including criteria for determining unfair financial burden;

Article 6. Functions of the Ministry in the Area of Postal Activities

1. The Ministry shall shape the state policy in the area of postal activities, also organise,

coordinate and monitor its implementation.

2. The Ministry shall:

1) draw up draft laws, drafts of subordinate legislation and other legal acts related to the

provision of the postal service and ensuring the economic development and competitiveness of the area

of postal activities;

2) ensure that the development of the universal postal service complies with technical progress,

economic and social conditions and the needs of users;

3) draw up a draft procedure for obligating the universal postal service provider and submit it to

the Government for approval;

4) approve regulations on the provision of the universal postal service;

6) in emergency situations, establish the exceptional conditions ensuring the provision of the

universal postal service;

7) approve quality standards for the universal postal service;

8) approve regulations on the issuance, withdrawal from use and accounting of the means of

postal prepayment;

9) approve characteristics of the postal network of the universal postal service provider;

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10) establish the mandatory application of Kosovan standards and other publications,

international and European specifications and/or recommendations related to the provision of the postal

service;

11) cooperate with foreign authorities responsible for postal activities and represent, within its

remit, the Republic of Kosovo in international organisations;

12) perform other functions assigned to it by the legal acts regulating the provision of the postal

service.

Article 7. Functions of the Regulatory Authority in the Area of Postal Activities

1. The Regulatory Authority shall be the national regulatory authority of the Republic of Kosovo

within the meaning of Directive 97/67/EC of the European Parliament and of the Council of 15

December 1997 on common rules for the development of the internal market of Community postal

services and the improvement of quality of services, as last amended by Directive 2008/6/EC of the

European Parliament and of the Council of 20 February 2008.

The status, financing sources, conditions, procedure and other aspects of the activities of the

Regulatory Authority shall be established by the Law of the Republic of Kosovo on Electronic

Communications (hereinafter: the ‘Law on Electronic Communications’).

2. The Regulatory Authority shall:

1) monitor compliance with provisions of this Law and subordinate legislation;

2) implement provisions of this Law and subordinate legislation;

3) submit information within its remit at the request of the European Commission;

4) participate in drafting a procedure for obligating the universal postal service provider;

5) approve tariff ceilings for the universal postal service according to the weight steps of postal

items;

6) draw up draft regulations on procedure of compensation for net cost of universal postal

service provision, including criteria for determining unfair burden and submit to the Government for

approval;

8) approve rules for the provision of the postal service and supervise compliance with the

requirements defined therein;

9) draw up and submit proposals to the Ministry concerning the characteristics of the postal

network of the universal postal service provider;

10) draw up and submit to the Ministry for approval regulations on the provision of the universal

postal service;

Comment [GP1]: The legal composition of

Regulator needs to be inserted (including

financial contributions from market, if any)

8

11) supervise the compliance of the universal postal service provider with the characteristics of

the postal network of the universal postal service provider established by the Ministry and requirements

for the quality of the universal postal service;

12) supervise how the universal postal service provider organises the quality check of the

universal postal service and publish the results of such check on an annual basis;

13) establish the methodology of cost accounting in respect of the universal postal service

provider and the requirements applicable to the cost accounting system, as well as other requirements

related to the cost accounting system;

14) approve rules for the settlement of disputes between providers and users of the postal service

and settle the disputes between the providers and the users of the postal service;

15) approve rules for settlement of disputes between postal service providers and settle the

disputes between the postal service providers;

16) approve the methodology for the calculation of net cost of the universal postal service;

17) investigate and analyse, within its remit, violations of this Law and impose sanctions on

violators in the cases, under the terms and conditions and in accordance with the procedure set forth by

this Law;

18) supervise compliance with the tariffs of the universal postal service and of the service of

delivery to subscribers;

19) publish information required for the development of open and competitive market. Having

regard to legal acts governing the protection of confidential information, the Regulatory Authority shall

establish rules for the publication of such information, including the scope of information to be

provided;

20) publish the information related to the implementation of this Law in accordance with the

procedure established by the Authority;

21) co-operate with foreign authorities regulating the provision of the postal service and

participate, within its remit, in the activities of international organisations and institutions, committees

and working groups of the European Union;

22) submit proposals to the Ministry on the mandatory application of Kosovan standards and

other publications, international and European specifications and/or recommendations related to the

provision of the postal service;

23) carry out other functions prescribed by the laws and other legal acts of the Republic of

Kosovo.

3. The Regulatory Authority shall, in performing the functions assigned to it by this Law, have

the rights specified in this Law and other laws.

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Article 8. Exceptions for a transitional period till full liberalisation of postal market

The requirements specified under paragraph 3 Article 5, paragraphs 6 and 16 of Article 7 are

subject to full liberalisation of postal market as set out in paragraph 2 of Article 15 of this law.

CHAPTER III. PROVISION OF THE POSTAL SERVICES

Article 7. Right to Provide the Postal Service

1. A person shall have the right to provide the postal service without a separate prior

authorisation of state institutions in compliance with the provisions of this Law and other legal acts

subject to notification to the Regulatory Authority in accordance with the procedure specified in this

Article.

2. A person wishing to commence the provision of the postal service must submit to the

Regulatory Authority a notification of the planned commencement of the provision of the postal service

(hereinafter: the ‘notification’). The notification can be submitted in writing, by electronic means, via

the contact centre or by contacting directly the Regulatory Authority .

3. The form of the notification and the procedure for submitting it shall be established by the

Regulatory Authority in rules for the provision of the postal service. The Regulatory Authority may,

when establishing the form of the notification and the procedure for submitting it, require to submit only

such information and documents that are necessary for a person to be identified and entered on the list of

postal service providers (name or company name, code, address, other contact information, a short

description of the postal service which the person intends to provide, the date of commencement of the

provision of the postal service, etc.).

4. The Regulatory Authority shall, not later than within five working days from the receipt of the

notification, enter the person on the list of postal service providers and notify thereof the person who has

submitted the notification. The list of postal service providers shall be published on the website of the

Regulatory Authority .

5. Having established that a notification has been submitted not in compliance with the

procedure provided in rules for the provision of the postal service, the Regulatory Authority shall, not

later than within five working days from the receipt of the notification, notify a person thereof and

establish a time limit not shorter than five working days to eliminate the shortcomings established by the

Regulatory Authority . In this case, the time limit referred to in paragraph 4 of this Article shall be

counted from the date of receipt of the revised notification by the Regulatory Authority .

Comment [GP2]: This means „general

authorisation“.

Note that EU directives allow „individual

licensing“also.

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6. Where a person fails to eliminate shortcomings within the time limit established in paragraph

5 of this Article or where the person provides false data, the Regulatory Authority shall not enter the

person on the list of postal service providers and shall, not later than within five working days, inform

the person thereof indicating the reasons of the refusal to enter on the list of postal service providers.

7. A postal service provider shall be removed from the list of postal service providers where:

1) the postal service provider submits a notification on termination of its activity and/or

provision of the postal service;

2) the Regulatory Authority establishes that the postal service provider has terminated its activity

and/or the provision of the postal service;

3) the postal service provider passes away or is liquidated;

4) there is an effective court order to liquidate the postal service provider due to its bankruptcy

when it is a legal entity or another organisation;

5) the Regulatory Authority establishes that the postal service provider has submitted false data

due to which the person could not be entered on the list of postal service providers;

6) the postal service provider failed to submit reports on the provision of the postal service to the

Regulatory Authority for one year;

7) the postal service provider was not found in its registered office specified in the Register of

Legal Entities or its domicile for one year.

8. Prior to removing a postal service provider from the list of postal service providers in

accordance with the provisions of points 5 and 6 of paragraph 7 of this Article, the Regulatory Authority

shall warn the postal service provider of a possible removal from the list of postal service providers and

allow the provider, within the time limit established by the Regulatory Authority , which in any case

shall be not shorter than 30 calendar days, to submit the required revised data or reports on the postal

service provided.

9. The Regulatory Authority shall notify a postal service provider of the removal from the list of

postal service providers and provide the grounds for removal from the list of postal service providers

and inform that persons providing the postal service and failing to notify the Regulatory Authority

thereof shall be held liable in accordance with the procedure laid down by legal acts.

10. Having terminated its activity and/or the provision of the postal service, a postal service

provider must notify the Regulatory Authority in accordance with the procedure and under the terms and

conditions established by the Authority.

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Article 8. Use of a Postal Network

With a view to ensuring the user interests and promoting effective competition, the postal service

provider which manages a postal network must negotiate if requested by another postal service provider

and enter into an agreement with another postal service provider whenever the latter applies to the postal

service provider regarding the use of the postal network, including the post code system, database of

addresses, subscriber letter boxes, and the information on changes in the address, the services of

readdressing and returning to the sender. The postal service provider which manages the postal network

must ensure that such an agreement on the use of the postal network is entered into in compliance with

non-discriminatory, proportionate and transparent terms and conditions. The postal service provider

shall pay the fee agreed by the parties to the agreement for the use of the postal network of another

postal service provider.

Article 9. Settlement of Disputes between Postal Service Providers

1. Where a dispute arises between postal service providers concerning the public relations

regulated by this Law, a postal service provider shall have the right to apply to the Regulatory Authority

for the settlement of the dispute in an out-of-court procedure. The postal service provider shall also have

the right to apply directly to court.

2. Provisions of the Law on Electronic Communications related to the settlement of disputes

between economic entities providing electronic communications networks and/or services, and of the

rules for the settlement of disputes between postal service providers approved by the Regulatory

Authority shall be applied mutatis mutandis to the settlement of disputes between postal service

providers. The rules for the settlement of disputes between postal service providers shall establish

requirements for the form, content and submission of requests for dispute settlement, requirements for

the collection and presentation of evidence, also a procedure for the conciliation of parties, a procedure

for dispute settlement and other rules for the settlement of disputes.

Article 10. Rights and Duties of Postal Service Providers and Users

1. A postal service provider must:

1) publish information on access points;

2) hand in postal items in person with acknowledgement of receipt or place the items into

incoming letter boxes or, where that is not possible, notify the addressee thereof;

3) deliver postal items addressed to the place of employment or studies of a person, dormitories,

place of military service, hospital, sanatorium, camp or place of imprisonment to the administration or

persons authorised by the administration;

Comment [GP3]: EU directives does not

require this, but allow as an option for member

states.

Therefore it shall be considered if needed

12

4) hand in registered and insured postal items in person to the addressee indicated by the sender

with acknowledgement of receipt or to the person indicated in writing by the addressee specifying the

name and last name of that person;

5) keep in custody the postal item which is impossible to deliver (hand in) to the addressee or to

return to the sender, when the sender (addressee) refuses to collect the postal item or when the addressee

(sender) does not live at the indicated address, for two months and the universal postal service provider

– within the time limits and in accordance with the procedure established in the Parcel Post Regulations

and the Letter Post Regulations of the Universal Postal Union. Where within the established time limit

the sender (addressee) fails to collect the postal item, although a written notification has been sent to

him, a postal service provider must notify the State Tax Inspectorate under the Ministry of Finance of

the Republic of Kosovo of such property and hand it over into the ownership of the State. The

notification shall be accompanied by the marking of the postal service provider that the sender

(addressee) has been invited to collect the postal item, but has failed to arrive or has refused the postal

item;

6) publish the terms and conditions of an agreement on the provision of the postal service, a

procedure for providing the postal service approved by the postal service provider and other information

affecting the user’s decision to use the postal service;

7) respond to a complaint of the user related to the provision of the postal service within 30

calendar days from the date of receipt of the complaint;

8) indicate on a postal item or attach to the postal item the data facilitating the identification of

the postal service provider, access points (address) to which the user can refer, the date of the acceptance

of the postal item for sending and the date of the delivery to the addressee;

9) submit regular reports to the Regulatory Authority on the postal service provided in

accordance with the procedure established by the Authority;

10) return to the sender the postal items that cannot be delivered or handed in to the addressee

where the provision of the postal service is terminated;

11) provide users with the possibility to contact the provider at the office or domicile thereof.

2. When handing in postal items to addressees with acknowledgement of receipt, a postal service

provider must:

1) hand in a postal item to the addressee in person and with acknowledgement of receipt; where

the delivery in person with acknowledgement of receipt is not possible (the addressee cannot be located

at the address indicated by the sender, etc.), the postal service provider must inform the addressee of the

postal item by leaving a message in the addressee’s incoming letter box or by electronic means ensuring

the receipt of the notice;

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2) keep the documents specified in rules for the postal service provision supporting the handing

in of postal items in person with acknowledgement of receipt for six months from the date of the

handing in of an item; in the case of a dispute between postal service providers and users concerning the

handing in of the postal item, the postal service provider must keep these documents until the dispute is

resolved;

3) return to the sender a postal item that cannot be handed in to the addressee (the addressee

refuses to accept the postal item, has moved from the address indicated by the sender, etc.). The postal

service provider may also agree with the sender concerning other actions than provided in this point in

respect of the postal item that cannot be handed in to the addressee.

3. Postal items shall be transported by the means of transport of postal service providers or other

carriers contracted for transportation.

4. The sender shall be responsible for the contents of a postal item. Where a postal service

provider establishes that an accepted postal item contains prohibited articles (merchandise), the articles

(merchandise) shall be returned to the sender or confiscated in the cases and according to the procedure

set forth by laws. Where, in the cases and in accordance with the procedure set forth by laws, a postal

item is confiscated along with articles (merchandise) prohibited from conveyance by post, the postal

service provider shall notify the sender thereof specifying the articles (merchandise) confiscated.

5. When the user is not satisfied with the quality of the postal service provided, prior to applying

to the Regulatory Authority the user must apply to a postal service provider and file a complaint. If the

user does not agree with the reply of the postal service provider, or the postal service provider response

fails to submit a reply within the time limit specified in point 7 of paragraph 1 of this Article, the user

shall be entitled to apply to the Regulatory Authority in accordance with the procedure laid down by

laws.

6. Incoming letter boxes shall be installed by addressees. The incoming letter boxes must be

installed in an easily accessible place: in each staircase of multi-apartment buildings, not higher than on

the first floor, ensuring postal service providers’ unimpeded access thereto or at the entrances to each

staircase; in the case of enterprises, institutions, organisations – at the main entrances. Owners of private

houses or those located in gardeners’ societies shall install incoming letter boxes next to the driveways

to their land plots, or on the walls, fences or posts of houses adjacent to the street. The incoming letter

boxes must be lockable, clearly and legibly numbered, boxes of enterprises, institutions or organisations

must bear a clear indication of the enterprise, institution or organisation.

7. If the addressee fails to install an incoming letter box or it does not comply with the

requirements specified in paragraph 6 of this Article and therefore it is impossible to deliver a postal

item, a postal service provider shall notify the addressee of the postal item received and indicate where

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and when the addressee can arrive and collect the postal item. If it is impossible to notify the addressee,

the postal service provider shall notify the sender thereof.

8. The categories of postal items sent via the postal network of the universal postal service

provider and maximum and minimum dimensions for the postal items when providing the universal

postal service must meet the requirements laid down in the Universal Postal Convention, the Letter Post

Regulations and the Parcel Post Regulations of the Universal Postal Union.

9. If the addressee does not wish to receive advertising, in order to clearly express this

disagreement, the addressee shall indicate on his incoming letter box that he does not wish to receive

advertising. Persons who violate the addressee’s disagreement shall be held liable in accordance with the

procedure laid down by legal acts.

10. The terms of the provision of the postal service shall be specified in the rules for the

provision of the postal service approved by the Regulatory Authority .

Article 11. Confidentiality of Postal Items and Data Protection

1. Postal service providers must guarantee to users the confidentiality of correspondence.

2. When accepting a postal item, an employee of a postal service provider may check whether it

contains any articles prohibited from conveyance by post and where the employee discovers such

articles, he may refuse to accept the postal item.

3. Postal service providers shall be prohibited from supplying information on the usage of a

postal service by other persons or providing conditions for obtaining such information, unless this Law

and other laws establish otherwise.

4. Entities of criminal intelligence, intelligence institutions and pre-trial investigation bodies may

obtain information about users of postal or courier services, inspect postal items and their documents,

check or otherwise control the articles posted and seize them only in cases and in accordance with the

procedure set forth by laws.

Article 12. Liability of Postal Service Providers and Compensation for Damage

1. The sender may claim from a postal service provider compensation for damage resulting from

a lost postal item, lost, missing or damaged articles sent therein within six months of the posting of the

postal item.

2. The claims submitted after the expiry of the time limit specified in paragraph 1 of this Article

shall not be examined.

3. Postal service providers must establish and approve a procedure for examining the complaints

lodged by users.

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4. Compensation for the loss of or damage to postal items shall be paid in compliance with this

Law. Compensation for the loss of or damage to cross-border postal items by the universal postal service

provider shall be paid in accordance with the provisions of the Universal Postal Convention, the Letter

Post Regulations and the Parcel Post Regulations of the Universal Postal Union. Consequential losses

and loss of profits shall not be included into the amount of the compensation due.

5. Where, through the fault of a postal service provider, postal items become lost or damaged,

articles (merchandise) are missing or damaged therein or the articles (merchandise) are damaged, the

postal service provider shall pay compensation:

1) for a lost registered postal item as well as for a part of lost or damaged articles (merchandise)

contained or all damaged articles (merchandise) contained therein – an amount double the amount of

posting expenses;

2) for a lost insured postal item – an amount equal to posting expenses plus insured value;

3) for a part of lost or damaged articles (merchandise) in an insured postal item accompanied by

a list of articles (merchandise) – an amount equal to posting expenses and the value of the lost or

damaged article (merchandise) indicated in the list, which in no case shall exceed the insured value of

the whole insured postal item.

6. Where the addressee of a postal item fails to pay a cash-on-delivery charge payable on the

postal item through the fault of a postal service provider, the postal service provider shall pay the sender

the cash-on-delivery charge specified by the sender.

7. Where a postal service provider through its fault returns to the sender a registered postal item

or postal parcel, the provider shall reimburse the sender for posting expenses.

8. A postal service provider shall, upon receipt of a justified claim and within the time limit set

forth in paragraph 1 of this Article, compensate the sender for damage in respect of:

1) a postal item sent in the Republic of Kosovo – within 30 calendar days from the date of

submission of the claim;

2) for a cross-border postal item – within 90 calendar days from the date of submission of the

claim.

9. A postal service provider shall not be held liable and shall not pay compensation where:

1) the lost articles in a postal item are articles (merchandise) prohibited from conveyance by

post;

2) a postal item is lost as a result of force majeure occurring during the conveyance of postal

items, when the contents are missing or damaged and it is impossible to account for the postal item

owing to the destruction of office records, provided that the fault of the postal service provider cannot be

proved otherwise;

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3) damage arises through the fault of the sender who fails to comply with the requirements of the

postal service provider for packing articles or for the specific properties of the article (merchandise)

posted;

4) a postal item, articles (merchandise) contained therein or part thereof have been seized in the

cases and in accordance with the procedure prescribed by laws of the dispatching country or the country

of destination and other legal acts;

5) upon handing in to the addressee in person, with acknowledgement of receipt, of a registered

postal item or an insured postal item or a postal parcel, the package, the label bearing a special stamp,

the adhesive tape, the seal or the tying string thereof have not been damaged and the weight of the postal

item or the postal parcel corresponds to the one indicated;

6) the addressee accepted a postal item and confirmed the receipt thereof with the signature;

7) a postal item has not been received through the fault of a person authorised to collect the

postal item by the addressee;

8) a postal item has been lost or damaged in a country where no compensation for damage is

provided for;

9) literature for the blind, items of correspondence of prisoners of war and civilian internees are

sent.

10. Provisions of this Article shall apply to postal service providers, unless agreements with

senders stipulate otherwise. Where provisions of an agreement between a postal service provider and a

sender impair the situation of the sender, the provisions of this Article shall apply to.

Article 13. Settlement of Disputes between Users and Postal Service Providers

1. Where a dispute arises between postal service providers and users, the user shall have the right

to apply to the Regulatory Authority for the settlement of the dispute in an out-of-court procedure. The

user shall also have the right to apply directly to court.

2. Provisions of the Law on Electronic Communications related to the settlement of disputes

between electronic communications service providers and end users, and of the rules for the settlement

of disputes between postal service providers and users approved by the Regulatory Authority shall be

applied mutatis mutandis to the settlement of disputes between users and postal service providers. The

rules for the settlement of disputes between postal service providers and users shall establish the

requirements for the form, content and submission of requests for dispute settlement, requirements for

the collection and presentation of evidence, also a procedure for the conciliation of parties, a procedure

for dispute settlement and other rules for the settlement of disputes.

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CHAPTER V. PROVISION OF UNIVERSAL POSTAL SERVICES

Article 14. Universal Postal Service

1. The provision of the following universal postal service on the territory of the Republic of

Kosovo must be ensured:

1) clearance, sorting, transport and delivery of domestic and cross-border postal items of up to 2

kg;

2) clearance, sorting, transport and delivery of domestic and cross-border postal parcels of up to

10 kg;

3) clearance, sorting, transport and delivery of registered and insured postal items;

4) delivery of postal parcels of up to 20 kilograms received from EU Member States.

2. A postal service with added value shall not be attributed to the universal postal service. A

postal service with added value shall mean:

1) delivery and clearance of postal items at the time and/or place preferred by the user;

2) confirmation of the handing in of a postal item, the change of the course of delivery of the

postal item;

3) a possibility to receive information at any time on the current location of the postal item;

4) another service with added value.

3. The tariffs of the universal postal service must be accessible to all users, be based on the cost

of the service, and be transparent and non-discriminatory.

6. If the provision of the universal postal service carries unfair financial burden for the universal

postal service provider after the deadline stated in paragraph 2 of Article 14, the net cost incurred in

relation to the provision of the universal postal service shall be compensated from the state budget in the

manner prescribed by the Government. The criteria for the determination of unreasonably heavy

financial burden shall be approved by the Government.

Article 15. Reserved Postal Services

1. In order to ensure the maintenance and provision of universal postal services, clearance,

distribution, transport and delivery of domestic and international incoming items of correspondence are

reserved to universal postal service provider in accordance with the weight and price limits. The

following weight limits for reserved postal items shall apply:

Since the entry into force of this Law – up to 100 grams;

From 1st January 2018 – 50 grams;

From 1st January 2019 – 20 grams;

Comment [GP4]: Scope of universal services

is defined as minimum requirement in EU

directives.

Member states are free to elaborate on

different approach.

Comment [GP5]: After full liberalisation of

market.

18

Postal service providers, other than universal service provider, providing postal services in

reserved area, shall provide at least 3 times (since the entry into force of this Law) higher the price than

that set out in the universal postal service provider in the first weight category letter mail tariff

(hereinafter – basic price). This price related requirement shall change accordingly to 2,5 times the basic

price from 1st January 2018 and 2 times the basic price from 1

st January 2019.

2. This Article will be repealed starting from 1st January 2020.

Article 15. Obligation of the Universal Postal Service Provider

1. The Government shall obligate the universal postal service provider (providers) to provide the

universal postal service for seven years on the entire territory of the Republic of Kosovo.

2. While obligating the universal postal service provider (providers) to provide the universal

postal service on the entire territory of the Republic of Kosovo, the Government must ensure that the

period of the obligation to provide the universal postal service is sufficient to recover the investment in

relation to this obligation by the postal service provider (providers); therefore, the period of the

obligation may be extended up to two years.

3. The Government must ensure the continuity of the obligation of the universal postal service

provider.

4. A person that may be obligated to provide the universal postal service must meet the following

requirements:

1) the person must be included on the list of postal service providers;

2) the person must operate the postal network complying with the requirements specified in the

characteristics of the postal network of the universal postal service provider.

5. The Government shall establish a procedure for obligating the universal postal service

provider that must be based on the principles of transparency, non-discrimination and proportionality,

guarantee the continuity of the provision of the universal postal service and ensure social and territorial

cohesion.

Article 16. Rights and Duties of the Universal Postal Service Provider

1. The universal postal service provider shall have no right to assign the provision of the

universal postal service to another postal service provider. The universal postal service provider shall be

responsible for the quality provision of the service in the manner prescribed by this Law.

2. The universal postal service provider must:

1) ensure the continuous provision of the universal postal service on the territory of the Republic

of Kosovo under the same conditions to all users for not less than five working days a week, except for

19

the cases of force majeure; also ensure at least one clearance and at least one delivery of postal items

within one working day to the place of residence or domicile of the addressee of the postal service,

except for the case specified in Article 5(3)(6) of this Law;

2) regularly provide and publish at access points and on its website comprehensive and

continuously updated information for users and postal service providers regarding the universal postal

service, the possibility to access to this service, prices, quality requirements or Kosovan standards in

respect thereof, and other publications;

3) install a sufficient number of access points meeting the needs of users in accordance with the

characteristics of the postal network of the universal postal service provider;

4) comply with the quality requirements for the universal postal service, perform on an annual

basis inspections of the quality of the universal postal service and submit to the Regulatory Authority the

findings of such inspections;

5) issue and withdraw from circulation means of postal prepayment;

6) compensate for the expenses of posting literature for the blind and items of correspondence of

prisoners of war or internees;

7) publish on its website an annual report on the universal postal service provided, including the

number of complaints handled and information about the manner in which they have been settled;

8) keep records in accordance with the basic principles of cost accounting and requirements for

the cost accounting system established by the Regulatory Authority as well as other requirements related

to the cost accounting system; clearly separate every universal postal service and postal service not

related to the universal postal service in the cost accounting system;

9) determine cost-based universal postal service tariffs;

10) conduct on an annual basis an independent audit of the cost accounting related to the

universal postal service and submit findings of the audit to the Regulatory Authority;

11) apply the mandatory Kosovan standards established by the Ministry and other publications,

international and European specifications and/or recommendations associated with the provision of the

postal service;

12) enable, in accordance with the provisions of Article 8 of this Law, other postal service

providers to access the postal network under the terms and conditions which are transparent,

proportionate and non-discriminatory;

13) respect the following principles when fixing terminal dues for the cross-border postal

service: the terminal dues shall be fixed in relation to the costs of the clearance, distribution, transport

and delivery of incoming cross-border postal items, the provisions of international agreements; the

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terminal dues shall be related to the quality of the universal postal service; the terminal dues shall be

transparent and non-discriminatory and equivalent to dues for the universal postal service.

3. The universal postal service provider may apply special tariffs in accordance with agreements

entered into with users. The universal postal service provider shall apply to these tariffs and related

conditions the principles of transparency and non-discrimination. Such tariffs must be set taking account

of avoided costs, as compared to standard costs of the normally provided universal postal service. The

tariffs shall be the same for all users of the universal postal service of the same category.

CHAPTER VI. OBTAINING OF INFORMATION AND SUPERVISION OF COMPLIANCE

WITH THE LAW

Article 18. Obtaining of Information

1. The Regulatory Authority shall have the right to obtain from state and municipal institutions

and agencies, postal service providers and users as well as other persons the entire information required

by the Regulatory Authority and the European Commission and related to the implementation of the

assigned tasks and functions, including financial information, irrespective of its confidentiality. The

Regulatory Authority shall also have the right to apply to institutions of the European Union requesting

to provide the information required in relation to the implementation of the functions assigned thereto.

2. Postal service providers, users and other persons shall be obliged to submit information

specified in paragraph 1 of this Article to the Regulatory Authority at its request within the reasonable

time limits established by the Authority and the level of detail of the requested confidential information.

3. The Regulatory Authority shall ensure the confidentiality of confidential information in

accordance with the procedure and under the terms established by legal acts.

4. Confidential information shall not include data on market shares held by individual postal

service providers, summary data on the volumes of items of correspondence and postal parcels, revenues

generated in relation to the provision of the postal service, also the information related to the fulfilment

of the obligation to provide the universal postal service.

5. The Regulatory Authority , when requiring to provide the information referred to in paragraph

1 of this Article, shall indicate the purpose for which such information will be used.

21

Article 19. Supervision of Compliance with the Provisions of the Law

1. The Regulatory Authority shall perform supervision of compliance with the provisions of this

Law in accordance with the provisions of the Law on Public Administration related to legal regulation of

supervision of activities of legal entities.

2. In performing supervision, the authorised officers of the Regulatory Authority shall provide an

official certificate and a document issued by the Regulatory Authority confirming their powers and

functions. The authorised officers of the Regulatory Authority shall have the right to:

1) obtain necessary information in accordance with the procedure and under the terms set out in

this and other laws and legal acts from state and municipal institutions and agencies, postal service

providers and users;

2) obtain oral and written explanations from persons related to the activity of the undertaking

under inspection; request that they give explanations in the office of an authorised official conducting

the investigation;

3) obtain data and documents (or copies thereof) on economic operations of the postal service

provider under inspection from other persons irrespective of their subordination, also from state or

municipal institutions and agencies;

4) with a view to establishing whether postal service providers violate the requirements

prescribed in this Law or the rules for the provision of the postal service, inspect the economic activity

of the postal service providers; carry out a detailed review of the cost and/or income accounting system

(systems) of the universal postal service provider (providers);

5) temporarily seize (for a period of up to 30 calendar days) documents and/or objects which are

necessary or may be used as evidence in the investigation of an infringement under a reasoned decision

for the seizure and a list of documents and/or objects seized, and request that copies of the specified

documents are made;

6) to use the services of professionals and experts for the investigation;

7) perform other actions established by this Law and other laws.

3. In exercising the rights granted thereto, the authorised officers of the Regulatory Authority

shall draw up relevant documents (reports, minutes, claims, etc.). Forms of such documents and the

procedure for their completion shall be approved by an order of the Director of the Regulatory Authority

.

4. Demands of the officials authorised by the Regulatory Authority exercising the rights provided

for in this Article shall be binding on persons. The persons shall be liable for a failure to comply with

the legal demands of the authorised officials of the Regulatory Authority in accordance with the

procedure laid down by laws.

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CHAPTER VII. ECONOMIC SANCTIONS

Article 20. Actions of the Regulatory Authority in the Case of an Infringement

1. Having established that a postal service provider fails to comply with the requirements of the

rules for the provision of the postal service, fails to fulfil or inappropriately fulfils one or more duties

established to the postal service provider under Article 10 of this Law, or the duties established to the

universal postal service provider under Articles 14 and 16 of this Law, the Regulatory Authority shall

notify the postal service provider of the established infringements, set a time limit for the elimination of

the infringements and notify the Regulatory Authority thereof within a period of not less than 30

calendar days and not more than 60 calendar days from the date of receipt of the notification.

2. If a postal service provider fails to eliminate infringements within the time limit specified in

paragraph 1 of this Article, the Regulatory Authority shall initiate infringement proceedings.

Article 21. Notification of Infringement Proceedings

An officer of the Regulatory Authority who has initiated infringement proceedings shall, not

later than within 30 calendar days before a meeting to examine an infringement committed by a postal

service provider, notify the postal service provider (by sending a copy of the proposal of the officer of

the Regulatory Authority to impose an economic sanction) in respect whereof infringement proceedings

have been initiated and other persons concerned whose legitimate interests, rights and/or duties have

been affected by the infringement committed by the postal service provider of:

1) the date, time and venue of the meeting to examine the infringement committed by the postal

service provider;

2) the requirement for representatives to have a power of attorney or another document certifying

the authority of the representative;

3) the necessity of translation, to be notified to the Director of the Regulatory Authority or his

authorised person in writing not later than within five working days before the beginning of the meeting

to examine the infringement committed by the postal service provider specifying the language from

which the translation is required;

4) a possibility, not later than within five working days before the beginning of the meeting to

examine the infringement committed by the postal service provider, of submitting to the Director of the

23

Regulatory Authority or his authorised person written explanations and any data requested to be

submitted and relevant for examination of the infringement committed by the postal service provider.

Article 22. Persons Participating in Infringement Proceedings

1. An infringement committed by a postal service provider shall be examined in the presence of

the postal service provider or representatives thereof. The infringement committed by the postal service

provider may be examined in the absence of the postal service provider or representative thereof only in

the presence of the evidence that the postal service provider has been serviced a notice on a timely basis

concerning the date, time and venue of a meeting to examine the infringement committed by the postal

service provider and where no application to postpone the meeting has been received from the postal

service provider.

2. In the event of a failure to hand in a notice of the date, time and venue of a meeting to examine

an infringement committed by a postal service provider in respect of which infringement proceedings

have been initiated, the notice shall be published in one of the national dailies and on the website of the

Regulatory Authority not later than 14 working days before the date of the meeting.

3. If a request to postpone a meeting is received from a postal service provider or a representative

thereof, the infringement committed by the postal service provider may be examined in absentia of the

postal service provider or the representative thereof, where the Director of the Regulatory Authority or a

person authorised by him, in compliance with the Code of Civil Procedure of the Republic of Kosovo

(hereinafter: the ‘Code of Civil Procedure’), recognises the reasons for the absence at the meeting as

irrelevant and dismisses the request of the postal service provider or the representative thereof.

4. The persons concerned whose legitimate interests, rights and/or duties have been affected by

an infringement of a postal service provider and/or their representatives as well as other persons

(witnesses, experts and professionals) invited on the initiative of the Director of the Regulatory

Authority or a person authorised by him or at the request of the postal service provider in respect

whereof infringement proceedings have been initiated may attend a meeting concerning the infringement

committed by the postal service provider and present submit their explanations. The Director of the

Regulatory Authority or the person authorised by him shall have the right to refuse to grant the request

of the postal service provider to invite other persons (witnesses, experts and professionals) to the

meeting to examine the infringement committed by the postal service provider, where such a request is

ungrounded or where granting of the request would prolong infringement proceedings initiated in

respect of the postal service provider.

24

Article 23. Time Limits for Infringement Proceedings and Imposition of an Economic

Sanction

1. An infringement committed by a postal service provider must be examined not later than

within two months from the date of the initiation of infringement proceedings.

2. An economic sanction must be imposed not later than within six months from the date of the

commitment of an infringement by a postal service provider.

Article 24. Publicity of Proceedings

A meeting to examine an infringement shall be public, except for the cases where it is necessary

to protect the secrets of the State, official secrets or commercial secrets or to ensure a person’s right to

the inviolability of his private life. A decision on a closed meeting shall be passed by the Director of the

Regulatory Authority or a person authorised by him.

Article 25. Infringement Proceedings

1. Infringement proceedings shall be initiated on a proposal of the Director of the Regulatory

Authority or a person authorised by him. The proposal in this respect shall specify the constituent

elements of an infringement and the circumstances related to the commitment of the infringement, the

economic sanction proposed to be imposed and supporting arguments.

2. Upon receipt of a proposal from an officer of the Regulatory Authority , the Director of the

Regulatory Authority or a person authorised by him shall convene a meeting to examine an infringement

committed by a postal service provider. Postal service providers and other persons concerned whose

legitimate interests, rights and/or duties have been affected by the infringement of the postal service

provider and/or their representatives shall be invited to the meeting.

3. The meeting shall be chaired by the Director of the Regulatory Authority or a person

authorised by him. The meeting shall be commenced by a report of an officer of the Regulatory

Authority who has initiated infringement proceedings. The postal service providers and other persons

concerned whose legitimate interests, rights and/or duties have been affected by an infringement of a

postal service provider and/or their representatives as well as other persons (witnesses, experts or

professionals) participating in the meeting shall have the right to present their explanations. Other

participants in the meeting may pose questions to any person who has made a report or presented an

explanation.

4. A meeting shall be conducted in the state language. Any person not understanding or not

speaking the state language and desiring that the meeting be interpreted into and/or from the language

understood by the person must, not later than within five working days before the meeting, notify in

25

writing the Director of the Regulatory Authority or a person authorised by him of the need to provide

translation specifying the language a translator whereof will be required. In this case, the Director of the

Regulatory Authority or the person authorised by him shall invite an interpreter to the meeting. A person

who fails to notify the Director of the Regulatory Authority or the person authorised by him of the need

to have an interpreter shall invite an interpreter on his own initiative and shall bear the costs of

interpretation services.

5. The Director of the Regulatory Authority or a person authorised by him shall have the right to

postpone a meeting where a infringement committed by a postal service provider cannot be examined at

the meeting due to the absence of a witness, expert, professional or interpreter or when it is required to

submit new evidence, upon receipt of a reasoned request of the postal service provider or its

representative by appointing the date, time and venue of another meeting. The persons participating in

the meeting shall be notified thereof. Where the postal service provider in respect whereof infringement

proceedings have been initiated and/or other persons concerned invited to the meeting (or invited to a

subsequent meeting) whose legitimate interests, rights and/or duties have been affected by the

infringement committed by the postal service provider and/or their representatives are not present at the

meeting, they shall be sent a notice of the date, time and venue of the subsequent meeting.

6. The Director of the Regulatory Authority or a person authorised by him shall have the right to

suspend infringement proceedings where they decide it necessary to obtain required data (documents).

7. Infringement proceedings shall be resumed under a decision of the Director of the Regulatory

Authority or a person authorised by him upon receipt of the necessary data (documents) in respect

whereof infringement proceedings have been suspended, on the initiative of the Director of the

Regulatory Authority or a person authorised by him or at the request of participants of proceedings.

8. Minutes shall be taken of a meeting concerning an infringement committed by a postal service

provider. The Director of the Regulatory Authority or a person authorised by him and the secretary of

the meeting shall sign the minutes of the meeting not later than within three working days after the end

of the meeting to examine the infringement committed by the postal service provider. The secretary of

the meeting shall, within one working day after signing the minutes of the meeting, send the minutes to

the postal service provider in respect whereof infringement proceedings have been initiated, and the

postal service provider shall have the right to submit its comments in writing or request a revision of the

minutes within five working days from the receipt of the minutes of the meeting.

Article 26. Economic Sanctions

1. A postal service provider that fails to comply with the requirements of the rules for the

provision of the postal service approved by the Regulatory Authority or fails to perform or improperly

26

performs one or more duties of a postal service provider specified in Article 10 of this Law, the duties

established to the universal postal service provider under Articles 14 and 16 of this Law or fails to

remove infringements within the time limit specified in Article 20(1) of this Law shall be subject to a

fine imposed by the Regulatory Authority in the amount of up to 3 percent of the aggregate annual

revenue from the provision of the postal service, and where the scope of such activity is difficult or

impossible to estimate – up to EUR 86,886.

2. Where a postal service provider commits a repeated infringement as referred to in paragraph 1

of this Article within one year from the imposition of an economic sanction, the provider shall be subject

to a fine imposed by the Regulatory Authority in the amount of up to 5 percent of the aggregate annual

revenue from the provision of the postal service, and where the scope of such activity is difficult or

impossible to estimate – up to EUR 144,810.

Article 27. Gross or Persistent Infringement

1. For a gross and persistent infringement of the requirements of the rules for the provision of the

postal service approved by the Regulatory Authority , non-performance or improper performance of one

or more duties of a postal service provider specified in Article 10 of this Law, the Regulatory Authority

shall have the right to prohibit the postal service provider from providing the postal service for a period

of up to one year.

2. An infringement causing significant financial loss or postal service activity limitations for

other postal service providers shall be considered a gross infringement within the meaning of Article

26(1) of this Law.

3. An infringement of the requirements of the rules for the provision of the postal service

approved by the Regulatory Authority , non-performance or improper performance of one or more

duties of a postal service provider specified in Article 10 of this Law shall be considered a persistent

infringement if committed three or more times per year.

Article 28. Determination of the Amount of an Economic Sanction

1. When imposing economic sanctions upon postal service providers, account shall be taken of:

1) fault;

2) nature of an infringement;

3) severity of the damage incurred upon postal service providers, users and/or other persons;

4) circumstances mitigating or aggravating the liability of a postal service provider;

5) revenue generated by a postal service provider due to an infringement;

27

6) impact of each postal service provider on the commitment of an infringement, where the

infringement is committed by several postal service providers.

2. The specific amount of an economic sanction shall be determined according to the amounts of

economic sanctions established in Article 26(1) and (2) of this Law and having regard to the

circumstances referred to in paragraph 1 of this Article. In view of any mitigating circumstances, the

amount of the economic sanction shall be reduced from the average to the minimum, and in view of any

aggravating circumstances, the amount of the economic sanction shall be increased from the average to

the maximum. In view of the circumstances mitigating and aggravating liability, the amount of the

economic sanction shall be determined taking into account the extent and the significance of the

circumstances concerned.

3. The aggregate annual revenue referred to in Article 26(1) and (2) of this Law shall be

established on the basis of the aggregate annual revenue of a postal service provider upon which an

economic sanction is imposed during the previous accounting year from the provision of the postal

service. In the event that it is not possible to calculate the gross annual income generated during the

previous accounting year (the postal service provider did not provide the postal service in the previous

accounting year, etc.), the revenue from the postal activity in the current year shall be calculated.

4. For the purpose of determining the amount of the damage incurred upon postal service

providers, users and/or other persons, account shall be taken of the consequences caused by an

infringement (where it is possible), loss or damage of assets, expenses incurred (direct loss), also loss of

revenue due to the infringement, and expenses for the prevention or mitigation of the damage.

5. The amount of the revenue that a postal service provider generated as a result of an

infringement shall be calculated on the basis of the monetary benefit received by the postal service

provider due to the infringement.

6. The impact of each postal service provider on the commitment of an infringement, where the

infringement is committed by several postal service providers, shall be assessed taking into account

whether the postal service provider was the initiator of the infringement, performed an active or a

passive role, also the market share held by the relevant postal service provider.

7. The circumstances mitigating liability shall mean a situation where, having committed an

infringement, postal service providers voluntarily prevented damage, assisted the Regulatory Authority

in the course of the investigation of the infringement, compensated for losses or eliminated the damage

done.

8. The circumstances aggravating liability shall mean a situation where postal service providers

impeded the investigation, concealed an infringement committed or continued the infringement

disregarding the instructions of the Regulatory Authority to eliminate the infringement.

28

Article 29. Imposition of and the Refusal to Impose an Economic Sanction

1. The Director of the Regulatory Authority or a person authorised by him shall, not later than

within ten working days from the date of signing the minutes of a meeting to examine an infringement

committed by a postal service provider, submit the issue of the imposition of an economic sanction for

consideration to the Council of the Regulatory Authority . A proposal of an officer of the Regulatory

Authority , the minutes of the meeting to examine the infringement committed by the postal service

provider and other material relevant for the adoption of a decision on the imposition of the economic

sanction shall be submitted to the Council of the Regulatory Authority . The Council of the Regulatory

Authority shall submit a conclusion on the economic sanction to the Director of the Regulatory

Authority or a person authorised by him not later than within ten calendar days from the date of

submission of the issue of the imposition of the economic sanction for consideration to the Council of

the Regulatory Authority . This conclusion shall be advisory in nature and shall not be binding on the

Director of the Regulatory Authority or the person authorised by him.

2. Upon receipt of a conclusion of the Council of the Regulatory Authority concerning an

economic sanction, the Director of the Regulatory Authority or a person authorised by him shall, within

five working days from the receipt of the conclusion and having examined the entire material related to

an infringement committed by a postal service provider and having assessed the conclusion of the

Council of the Regulatory Authority concerning the economic sanction, adopt a final decision to impose

the economic sanction upon the postal service provider or refuse to impose such a sanction. The decision

to impose the economic sanction upon the postal service provider shall specify legal grounds and the

reasons for imposing the economic sanction. Where the final decision of the Director of the Regulatory

Authority or the person authorised by him concerning the economic sanction contradicts the conclusion

of the Council of the Regulatory Authority , the decision concerned shall specify the reasons for not

taking into account of the conclusion of the Council of the Regulatory Authority .

3. The Director of the Regulatory Authority or a person authorised by him shall adopt a decision

to refuse to impose an economic sanction where:

1) there are no constituent elements of an infringement;

2) a legal act providing for liability is repealed;

3) a postal service provider passes away or terminates its activity;

4) the infringement is minor, as it has not caused material harm to the interests of other persons,

the postal service provider discontinues its actions infringing the law, or removes the consequences of its

actions infringing the law and compensates for damage, and compliance with the provisions of this Law

can be ensured in other ways.

29

4. An officer of the Regulatory Authority who has initiated infringement proceedings shall,

within three working days from the date of adoption of a decision to impose an economic sanction or to

refuse to impose the economic sanction, communicate the decision to a postal service provider in respect

whereof the economic sanction has been imposed or refused to be imposed and shall be responsible for

the supervision of the enforcement of the economic sanction.

Article 30. Procedure for Appealing against a Decision to Impose an Economic Sanction

A decision of the Director of the Regulatory Authority or a person authorised by him may be

appealed against in accordance with the procedure set forth by the Law of the Republic of Kosovo on

Administrative Proceedings. The appeal against the decision of the Director of the Regulatory Authority

or a person authorised by him to impose an economic sanction shall suspend the enforcement of the

decision pending the examination of the appeal.

Article 31. Publication of Information on Prohibition to Provide the Postal Service

Information on the prohibition of a postal service provider from providing the postal service shall

be published on the website of the Regulatory Authority not later than on the next working day after the

adoption of a decision to prohibit the postal service provider from providing the postal service. This

information shall be removed from the website not later than on the next working day following the

revocation of the prohibition.

Article 32. Right of Access to the Materials Related to Infringement Proceedings

A postal service provider in respect whereof the process of the imposition of an economic

sanction has been initiated or upon whom the sanction has been imposed as well as other persons

concerned whose legitimate interests, rights and/or duties have been affected by an infringement

committed by the postal service provider and/or their representatives, including experts and

professionals, shall have the right to access the materials related to the imposition of the economic

sanction (the proposal of an officer of the Regulatory Authority , the minutes of a meeting to examine

the infringement committed by the postal service provider and other materials relevant to the

investigation of the infringement committed by the postal service provider), except for the materials that

constitute a state, official or commercial secret of other persons concerned whose legitimate interests,

rights and/or duties have been affected by the infringement committed by the postal service provider, the

disclosure of which would infringe the right of a natural person to the inviolability of his private life.

30

Article 33. Enforcement of Economic Sanctions

1. A postal service provider shall be obliged to enforce an economic sanction imposed by the

Director of the Regulatory Authority or a person authorised by him by paying the fine into the state

budget not later than within 30 calendar days from the date of receipt of the decision or by terminating

the provision of the postal service on the next day following the receipt of the decision.

2. In view of a reasoned request of a postal service provider, the Director of the Regulatory

Authority or a person authorised by him, having regard to the financial standing of the postal service

provider and other relevant considerations, shall have the right to postpone the payment of the fine or

part thereof for a period of up to six months.

3. A decision of the Director of the Regulatory Authority or a person authorised by him

concerning the imposition of an economic sanction shall be an enforcement document. Where the

decision is not enforced, the document shall be submitted for enforcement to bailiffs in accordance with

the procedure specified by the Code of Civil Procedure. The decision must be submitted for enforcement

not later than within nine months from the date of the adoption thereof.

Law No. ……………

………….. 2017

Promulgated by the Decree No. ………………., dated ………………, of the President of Republic of

Kosovo