Obligation to submit reports on postal activity for 2016
In connection with the obligation to submit to the President of UKE annual reports on postal activity in the previous year, below we present the most important information related to the fulfilment of the above-mentioned duty.
I. Reporting obligation
The obligation to submit to the President of UKE annual reports on postal activity by March 31 is provided for in Art. 43(1)-(5) of the Postal Law Act of 23 November 2012 (Journal of Laws of 2016, item 1113, as amended, further referred to as "the Act" or "Postal Law Act").
The report for 2016 should include information specified in Art. 43(2) of the Act and attachments listed in Art. 43(3) therein. It should also be noted that the President of UKE may require a postal operator to submit, within a period of not less than 14 days, other information necessary for the implementation of the Postal Law Act (Art. 43(4)).
It should be noted that the reporting obligation applies also to entities removed from the register of postal operators, for the period of performance of postal operations in the year in which the removal took place (Art. 43(5) of the Postal Law Act). This means that any entity involved in postal activity in 2016, including those removed from the register in the course of this year, is required to submit a report.
When postal activity was not conducted in 2016, the entity should send a relevant statement.
In addition, obligations under Art. 10(1)(3) of the Postal Law Act cannot be forgotten, according to which the postal operator is obliged to submit to the President of UKE a notification of suspension or termination of the provision of postal services within 14 days from the date of suspension or termination of this activity. Upon notification, the President of UKE makes a relevant annotation in its register of postal operators, concerning the suspension of operations (this does not cause the loss of postal operator status, however, before the resumption of postal activity this fact must be reported to the President of UKE) or removes the entrepreneur from the register of postal operators (which means the loss of postal operator status and as a result the resumption of postal activity requires re-entry in the register of postal operators). Neglecting the notification requirement is subject to fine.
We also point out the provision on the possibility of reserving, by the undertaking, information, documents or parts thereof constituting company secrets, supplied at the request of the President of UKE or under the provisions of the Act (Art. 44 of the Postal Law Act). The President of UKE may repeal confidentiality by means of a decision where he/she finds that this information is necessary for the fulfilment of his/her duties. The confidentiality is taken into account while publishing information or documents and ensuring access to public information. In the case of the statutory obligation to submit information or documents received from undertakings to other national bodies, foreign regulatory authorities or the European Commission, the information and documents are submitted subject to confidentiality and under the condition of its observance.
On the basis of reports submitted, the President of UKE will develop annually, until May 31,
a report on the condition of the postal market, which will be published in the Public Information Bulletin.II. Reporting forms
The reporting form set out in the Regulation of the Minister of Administration and Digitization on a model form for the submission to the President of the Office of Electronic Communications reports on postal activity (Journal of Laws of 2013, item 1489) has been in force since 2013. It consists of 6 parts:
- "Form 00. Report on postal activity − information on the postal operator and its resources" − this part is completed by each postal operator;
- "Form 01. Report on postal activity − universal service" − this part is completed by designated operators and is submitted as an attachment to Form 00;
- "Form 02. Report on postal activity − services within the scope of the universal service" − this part is completed by postal operators in accordance with the performed postal activity and is submitted as an attachment to Form 00;
- "Form 03. Report on postal activity − courier services" − this part is completed by postal operators in accordance with the performed postal activity and is submitted as an attachment to Form 00;
- "Form 04. Report on postal activity − other postal services" − this part is completed by postal operators in accordance with the performed postal activity and is submitted as an attachment to Form 00;
- "Form 05. Report on postal activity − access to postal infrastructure" − this part is completed by designated operators and is submitted as an attachment to Form 00;
Particular attention should be paid to Form F02 which refers to services falling within
the scope of universal service, i.e. the category of postal services as defined in Art. 3(30) of the Postal Law Act. These services include letters and parcels, with weighs and dimensions are set for the universal service (Art. 45 of the Postal Law), as well as items for the blind, not delivered by the designated operator in the framework of the universal service obligation.
The Act explicitly states that the services falling within the scope of the universal service do not include courier items. Pursuant to Art. 3(19) of the Postal Law Act, courier item is a letter item which is a recorded item or a postal parcel cleared, sorted, transported and delivered in a manner that collectively guarantees its direct collection from the sender, tracking from posting to delivery, delivery within a guaranteed time limit specified in the rules and regulations for the provision of postal services or in contracts for the provision of postal services, its delivery directly to the addressee or to a person authorised to collect it, and obtaining an acknowledgement of receipt in a written or electronic form.
Services falling within the scope of the universal service do not include other postal services, for example, letters and postal parcels with dimensions exceeding those set for the universal service, direct mail or postal orders.Note:
Before completing the form, please read the explanations given in its individual parts.
Before sending the report, please make sure that all parts of the form have been properly signed.
In addition, in accordance with Art. 43(3) of the Postal Law Act, the report on postal activity must be annexed with:
1. an updated list of addresses of post offices, divided into:
- organisational units of the postal operator, and other separated and labelled locations where you can enter into an agreement for the provision of postal services, or receive postal items or money specified in the postal order,
- organisational units of postal agencies;
2. price list of postal services applied in the reporting period.
Below we attach a model reporting form on postal activity and information relating to the completion of each part of the reporting form. III. Reporting deadline
The completed form must be submitted to UKE by March 31, 2017
or sent to the following address:
The President of the Office of Electronic Communications
ul. Kasprzaka 18/20
At the same time, if possible, please send the form in electronic format to the following address: email@example.com.
Please note, however, that sending the form in electronic form does not exempt from the obligation to submit a properly signed report in the traditional form (paper) within the prescribed date.Note:
the proof of meeting the above-mentioned deadline in case of posting the report at the Polish post office of the designated operator (Poczta Polska S.A.) will be the postmark date, while in the case of submission of the report directly at UKE − the date of receipt. If the deadline falls on a public holiday (e.g. on Sunday), it shall be postponed to the closest weekday.
This is important because, pursuant to Art. 126(1)(2) of the Postal Law Act, neglecting the reporting obligation is subject to fine. Pursuant to Art. 126(2)(1) and (2) of the Act, an entity that submits false or incomplete report, or fails to meet the deadline for its submission, is also subject to a financial penalty, if the nature and scale of the violation is an important obstacle in the implementation of regulatory and control tasks of the President of UKE regarding the postal market and requiring the use of information contained in the report.
If you require any further information, please contact the Analysis and Reporting Unit of the Department of Postal Market at UKE, tel. 22 534 9362 or 9339. Attachments are available in the original version.