The translation of this document is outdated.
Translation validity: 13.02.2020.–06.10.2020.
Amendments not included:
01.10.2020.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
26 November 2009 [shall
come into force from 4 December 2009];
21 June 2012 [shall come into force from 1 July
2012];
21 March 2013 [shall come into force from 24 April
2013];
8 May 2014 [shall come into force from 5 June
2014];
5 June 2014 [shall come into force from 12 June
2014];
30 November 2015 [shall come into force from 1 January
2016];
27 October 2016 [shall come into force from 29 November
2016];
23 November 2016 [shall come into force from 1 January
2017];
20 June 2018 [shall come into force from 18 July
2018];
19 September 2019 [shall come into force from 21
September 2019];
16 January 2020 [shall come into force from 13 February
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
and the President has proclaimed the following law:
Postal Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) addressee - the private individual or the authority
of a public person indicated in the address of the postal item to
whom a postal item should be delivered;
2) insured postal item - a registered postal item, the
content of which is insured against loss, theft or damage for a
declared value and for which a receipt is issued to the
sender;
3) [20 June 2018];
4) electronically received item - an addressed item,
which is handed over to a postal operator in electronic format
for drawing it up as a letter-post item and for further
sending;
5) inland postal item - a postal item that is conveyed
within the territory of the Republic of Latvia;
6) registered postal item - a registered postal item
for which a receipt is issued to the sender which confirms that
the postal item has been handed over at the point for the
provision of postal services and which is issued to the addressee
against the signature or other confirmation by using the systems
which prepare item receipt data and which prove that the item has
been received;
7) [20 June 2018];
8) [21 March 2013];
9) user - a private individual or an authority of a
public person, using postal services in the status of an
addressee or a sender;
10) [20 June 2018];
11) franking machine - a device used to mechanically
affix special signs (impressions) on a postal item, confirming
payment for postal services;
12) franking machine impression - a relief printing
mould (with an image) intended for obtaining an impression which
indicates the name of the state - Latvia, the charge for
conveyance, the name of the point for provision of postal
services, the date on which the item was accepted (date stamp),
the full name and postal address of the franking machine
user;
13) cross-border postal item - a postal item that is
received from another country or is sent to an addressee in
another country, or is conveyed in transit through the territory
of the Republic of Latvia;
14) carriage - carriage of postal items from the points
for the provision of postal services to the sorting area, between
sorting areas, from the sorting area to the points for the
provision of postal services;
15) Universal Postal Union - an international
organisation the mission of which is to promote stable
development of efficient and accessible postal services of good
quality in order to facilitate communication among people
throughout the world;
16) postal operator - an operator which is registered
for the provision of postal services in accordance with the
procedures laid down in this Law;
17) postal parcel - a postal item in which goods and
items with or without commercial value are sent;
18) postal services - activities of commercial nature
which are related to the conveyance of postal items to an
addressee and include one or more of the following activities -
collection, sorting, transport and delivery of postal items.
Carriage of postal items as a separate service which is not
directly related to collection and delivery shall not be regarded
a postal service;
19) point for provision of postal services - a physical
object (except for the letter box) where users can hand over or
receive postal items;
20) postal item - an addressed item in the final form
in which it is delivered to an addressee by the postal operator.
The size and weight of an item shall not exceed the limit value
laid down in this Law and other laws and regulations. An item
shall be deemed addressed if the address of the recipient of the
item is indicated on the item itself or on the packaging
thereof;
201) bulk postal items - addressed
letter-post items, which are handed over by one natural person or
one legal person for sending to a significant number of
addressees in one dispatch and for sending and delivery of which
the postal operator does not perform such activities related to
the provision of postal services as collection and initial
sorting, and on sending and delivery of which the sender enters
into a contract with the postal operator;
21) [20 June 2018];
22) postal network - a system of manufacturing,
technological, transport and other resources used to ensure the
collection, sorting, transport, and delivery of postal items;
23) [20 June 2018];
24) mailbox point - several mailboxes placed together
outside a building;
25) mailbox - the box of a user provided for the
deposition of the received postal items;
26) postage stamp - an adhesive means of postal
prepayment with a specified nominal value, validating payment for
traditional postal services;
27) cash-on-delivery item - a postal item, upon
issuance of which to the addressee the amount of money specified
by the sender is collected from the addressee, and this amount,
in turn, is sent by the postal operator to the address indicated
by the sender;
28) delivery - the delivery of postal items from the
last postal sorting area to the addressee;
29) recipient - the addressee or authorised person
thereof;
30) collection - the collection of postal items from a
sender at a point for the provision of postal services, and also
at another point if the postal operator ensures such
possibility;
31) [20 June 2018];
32) [20 June 2018];
321) money order in cash - a postal item
specified by the Universal Postal Union by which the designated
postal operator referred to in Section 6, Paragraph two, Clause 4
of this Law receives cash funds from a payer for transfer and
pays a payee the amount of money in cash according to the
instructions given in the money order form by using its postal
network;
33) international reply coupon - means of postal
prepayment issued by the Universal Postal Union which can be
purchased from a provider of the universal postal service and is
accepted in any member country of the Universal Postal Union in
exchange for postage stamps of that country for a value which is
sufficient for sending an ordinary priority international
letter-post item weighing no more than 20 grams;
34) sender - a private individual or an authority of a
public person who have indicated themselves as the sender on the
postal item;
35) sorting - sorting of collected postal items
according to the parameters specified by the postal operator,
preparing them for further delivery to addressees;
36) [20 June 2018];
37) universal postal service - the minimum aggregate of
postal services of specific quality available to all users
throughout the territory of the Republic of Latvia regardless of
the geographical location thereof;
371) provider of the universal postal
service - a postal operator selected in accordance with the
procedures laid down in this Law which provides the universal
postal service throughout the territory of the Republic of Latvia
according to the obligations specified for the universal postal
service;
38) [20 June 2018];
39) letter box - an individual box which has been made
specifically for deposition of postal items and placed in a
public place and in which senders may deposit ordinary
letter-post items for further sending to the addressee;
40) letter-post item - an addressed postal item of the
type, weight, format or size specified by the postal operator
with which a written communication, documents, printed material
or small articles are sent to the addressee;
41) ordinary postal item - an unregistered postal item
for which a receipt is not issued and which is delivered to the
addressee by inserting it in his or her mailbox and without
receiving a signature upon receipt;
42) general authorisation - the rights and obligations
of postal operators laid down in laws and regulations which are
applicable to all or specific types of postal services.
[21 March 2013; 20 June 2018; 23 November 2017]
Section 2. Purpose of this Law
The purpose of this Law is:
1) to promote the development of the postal services
market;
2) to promote competition in the provision of postal
services;
3) to promote simplification of the registration procedures
for postal operators;
4) to ensure protection of the interests of the State, users
and postal operators;
5) to ensure access to the universal postal service;
6) to ensure the continuity of the provision of postal
services;
7) to ensure the implementation of obligations laid down in
international agreements in the postal sector which are binding
on the Republic of Latvia.
Section 3. Scope of Application of
this Law
(1) This Law prescribes the competence, rights and obligations
of users, postal operators and State administrative institutions
in relation to the regulation of the postal sector, the ensuring
of the postal network and the provision of postal services.
(2) In addition to the requirements laid down in this Law, the
postal sector shall also be regulated by other laws and
regulations, the Universal Postal Convention and other
international agreements binding on the Republic of Latvia.
(3) This Law shall not apply to cases where items are
delivered with the intermediation of an employee assigned by the
sender.
[21 March 2013]
Chapter II
State Administration and Supervision in the Postal Sector
Section 4. Authorities Ensuring the
Administration and Supervision of the Postal Sector
(1) The overall public administration in the postal sector
shall be ensured by the Ministry of Transport in accordance with
the competence thereof.
(2) Conformity with the laws and regulations in the postal
sector according to the level of competence laid down in this Law
and the law On Regulators of Public Utilities shall be supervised
by the Public Utilities Commission (hereinafter - the
Regulator).
Section 5. Competence and Rights of
the Ministry of Transport
(1) The Ministry of Transport shall:
1) develop policies in the postal sector;
2) organise and co-ordinate the implementation of policies in
the postal sector;
3) represent the interests of the State in international
organisations of the postal sector.
(2) The Ministry of Transport has the right to request
information from postal operators that is for the fulfilment of
its functions (including information containing trade secrets),
and to receive it within a time period laid down by the
Ministry.
Section 6. Competence and Rights of
the Regulator
(1) Pursuant to the level of competence laid down in this Law
and the law On Regulators of Public Utilities, the Regulator
shall take decisions independently and issue administrative acts
that are binding on specific postal operators and users.
(2) In addition to the level of competence specified in this
Law and the law On Regulators of Public Utilities, the Regulator
shall:
1) promote the possibility for users to select a postal
operator and postal services and tariffs of postal services
provided thereby;
2) promote the development of the postal market by transparent
co-operation with other State institutions, regulators of other
countries and authorities of the European Union;
3) supervise conformity with laws and regulations in the
postal sector;
4) designate a postal operator which will provide postal
services in the territory of the Republic of Latvia by fulfilling
all the obligations arising from the Acts of the Universal Postal
Union, and which will, according to the aforementioned
obligations, represent the Republic of Latvia in relations with
postal operators selected by other countries in connection with
matters of postal activities (hereinafter - the selected postal
operator);
5) determine the number of postal items to be handed over to a
postal operator in one dispatch in relation to bulk postal
items;
6) determine the provider of the universal postal service;
7) supervise the conformity of fulfilling the obligations of
the universal postal service with the stipulated
requirements.
(3) The Regulator has the right to request any information
from postal operators that is necessary for the fulfilment of its
functions (including information containing a trade secret), as
well as written or oral explanations of the relevant persons and
to receive it within a time period laid down by the
Regulator.
[21 March 2013]
Section 7. Representation of the
Republic of Latvia in the Universal Postal Union
(1) The Ministry of Transport shall represent the Republic of
Latvia in relations with the Universal Postal Union, implementing
policies in the postal sector.
(2) The Ministry of Transport shall provide the International
Bureau of the Universal Postal Union with information regarding
the postal operator (the selected postal operator) referred to in
Section 6, Paragraph two, Clause 4 of this Law.
[21 March 2013]
Chapter III
Regulations for the Provision of Postal Services
Section 8. Right to Provide Postal
Services
An operator has the right to commence the provision of postal
services if it has been registered in the Register of Postal
Operators in accordance with the procedures laid down in Section
9 of this Law. If the Regulator has not, within one month from
the day of the receipt of a registration notification, informed
the submitter of the registration notification of the refusal to
register it in writing, it shall be considered that the operator
has been registered in the Register of Postal Operators.
[27 October 2016]
Section 9. Registration of Postal
Operators and Exclusion Thereof from the Register
(1) The Regulator shall issue and publish in the official
gazette Latvijas Vēstnesis the regulations regarding the
content of a postal operator registration notification and a
notification of termination of activities thereof and regarding
the submission thereof to the Regulator, and the procedures for
registering an operator in the Register of Postal Operators or
for excluding an operator from the Register of Postal Operators,
as well as the information to be entered in the Register of
Postal Operators. Information regarding the current postal
services provided by a postal operator shall be indicated in the
Register of Postal Operators.
(2) The Regulator shall create and maintain the Register of
Postal Operators and shall ensure public accessibility
thereof.
(3) In order to register in the Register of Postal Operators,
an operator shall send or submit in person a registration
notification to the Regulator.
(4) The Regulator shall, upon receipt of the registration
notification, examine the information regarding an operator in
the Enterprise Register of the Republic of Latvia and information
publicly available in the register and databases maintained by
the State Revenue Service, and register the operator in the
Register of Postal Operators, unless any circumstances referred
to in Paragraph five of this Section exist.
(5) The Regulator shall not register an operator in the
Register of Postal Operators in the following cases:
1) taking into account the information placed in the public
database of tax debtors of the State Revenue Service on the last
date of the data update, it has been established that on the day
of the receipt of the registration notification, or on the day
when the operator is to be entered into the Register of Postal
Operators the operator has tax debts, including debts of the
mandatory State social insurance contributions which exceed EUR
150 in total;
2) the economic activity of the operator has been suspended by
a decision of a competent institution;
3) the insolvency or liquidation proceedings of the operator
have been initiated;
4) the postal operator has been deprived of the right to
provide postal services in the cases laid down in this Law, and
the time period for the prohibition on the provision of postal
services has not expired.
(6) The Regulator shall exclude a postal operator from the
Register of Postal Operators in the following cases:
1) the economic activity of the postal operator has been
suspended;
2) the postal operator has been excluded from the Commercial
Register;
3) the notification on the termination of the activity has
been received from the postal operator;
4) the postal operator has failed to commence the provision of
postal services within 12 months from the day when it was
registered in the Register of Postal Operators;
5) the postal operator has failed to provide postal services
in the reporting year according to the information submitted to
the Regulator in accordance with the procedures laid down in
Section 12 of this Law.
(7) [16 January 2020 / See Paragraph 22 of Transitional
Provisions]
(8) Upon making an entry in the Register of Postal Operators
in accordance with Section 11, Paragraph one of this Law, the
Regulator shall indicate a justification as to why the operator
has been deprived of the right to provide postal services and the
time period for the prohibition on the provision of postal
services.
(9) If an operator has been refused the registration in the
Register of Postal Operators or a postal operator has been
excluded from the Register of Postal Operators, it has the right
to submit a registration notification repeatedly in accordance
with the conditions referred to in Paragraph five of this
Section.
(10) Prior to exclusion of a postal operator from the Register
of Postal Operators in accordance with Paragraph six, Clauses 4
and 5 of this Section, the Regulator shall, at least 30 days in
advance, warn the postal operator in writing of exclusion from
the Register of Postal Operators, and request that the postal
operator provides information to the Regulator as to whether the
postal operator provides postal services.
[21 March 2013; 27 October 2016; 20 June 2018; 16 January
2020 / Amendment regarding deletion of the words
"Paragraph seven of this Section and" shall come into force on 1
July 2020. See Paragraph 22 of Transitional
Provisions]
Section 10. General Authorisation
Regulations
The Regulator shall issue and publish in the official gazette
Latvijas Vēstnesis the regulations on general
authorisation to be complied with by the postal operator when
providing postal services, as well as the regulations on
prevention of violations of the regulations on general
authorisation and the deprivation of the right to provide postal
services.
[21 March 2013]
Section 11. Deprivation of the Right
to Provide Postal Services
(1) If a violation of the regulations on general authorisation
has been committed repeatedly within one year, the Regulator may
deprive a postal operator of the right to provide postal services
for a period of up to five years. The Regulator shall make an
entry in the Register of Postal Operators that the relevant
postal operator has been deprived of the right to provide postal
services.
(2) An operator that has been deprived of the right to provide
postal services by the Regulator is entitled to resume the
provision of postal services only after the prohibition on the
provision of postal services specified by the Regulator has
expired and the violations of the regulations on general
authorisation have been eliminated.
(3) In order to resume the provision of postal services, a
postal operator shall submit the registration notification
referred to in Section 9 of this Law to the Regulator.
(4) The Regulator shall not register the relevant operator if
violations of the regulations on general authorisation have not
been eliminated or if an application for registration has been
submitted to the Regulator before the expiry of the time period
of prohibition on the provision of postal services.
[27 October 2016]
Section 12. Information to be
Submitted to the Regulator
To supervise the fulfilment of the universal postal service
obligations and the conformity with the regulations on general
authorisation, the Regulator shall issue and publish in the
official gazette Latvijas Vēstnesis provisions regarding
the types and scope of information to be regularly submitted to
the Regulator and the deadlines for the submission of such
information.
[21 March 2013]
Section 13. Duties of a Postal
Operator
(1) A postal operator has the following duties:
1) to fulfil the requirements of the laws and regulations
governing the postal sector;
2) to ensure that postal services offered are accessible to
users;
3) to ensure the protection of users' data in accordance with
laws and regulations in the field of data protection;
4) to execute the regulations on the general
authorisation;
5) to pay the State duty for the regulation of public services
in accordance with the law On Regulators of Public Utilities;
6) to pay the State duty for the compensation of net costs in
accordance with Section 31.2, Paragraph one of this
Law;
7) to ensure the secrecy of postal items and the
confidentiality of the information retained;
8) to ensure public access information regarding the tariffs
of the provided postal services and the delivery conditions of
postal items;
9) to provide information regarding indicators of postal
services to the authorities stated in this Law, which ensure
public administration and supervision in the postal sector;
10) to ensure examination of complaints of users of postal
services.
(2) Postal operators may agree on the transfer of the
provision of postal services or part thereof to another person
only with postal operators, except in the case referred to in
Section 28 of this Law.
(3) The selected postal operator referred to in Section 6,
Paragraph two, Clause 4 of this Law has the duty, by using its
postal network, to ensure the payment service - money order in
cash - in the territory of Latvia specified by the Universal
Postal Union in accordance with the Postal Payment Services
Agreement of the Universal Postal Union.
[21 June 2012; 21 March 2013; 23 November 2017]
Section 13.1 Delivery of
Postal Items
(1) Postal items may be delivered to an addressee:
1) by inserting in the mailbox of the addressee or in a
facility for receipt of postal items installed by the postal
operator;
2) by delivering upon signature to the addressee at the
indicated address;
3) by delivering to the addressee at the place where postal
services are provided;
4) by delivering after entering the authorisation code granted
by the postal operator in the device indicated by the postal
operator.
(2) The requirements for the delivery of ordinary, registered
and insured postal items shall be determined by the Cabinet.
(3) Cross-border postal items shall be delivered to addressees
in the territory of the Republic of Latvia after the necessary
customs formalities have been completed and taxes have been paid,
if it is provided for by the relevant laws and regulations in
customs matters and the field of taxes.
[21 March 2013; 20 June 2018]
Section 13.2 Undelivered
Postal Items
(1) A postal item shall be deemed undelivered, if it is not
possible to deliver it to the addressee due to the following
reasons:
1) there is no address on the postal item, the address is
incomplete or shortened;
2) the person to whom the postal item should be delivered upon
signature cannot be reached or is not at the place indicated on
the postal item, which is not the place where the postal services
are provided, and has not arrived to the place where postal
services are provided within the time period stated in the
notification left in order to receive the postal item addressed
thereto;
3) the addressee has refused to receive the postal item;
4) the postal item has not been paid for or has been paid for
partially, and the sender or the addressee has refused to pay the
unpaid part;
5) a mailbox has not been installed, is damaged, is
unidentifiable or is not accessible.
(2) The requirements in relation to action with undelivered
postal items shall be determined by the Cabinet.
[21 March 2013; 20 June 2018]
Section 14. Right of Postal
Operators to Open Postal Items
(1) A postal operator has the right to open postal items in
the following cases:
1) the addressee requests the opening of the postal item upon
receipt thereof;
2) the time period for the storage of the undelivered postal
item has expired and a precise address of the sender cannot be
established to return the undelivered postal item to the
sender;
3) there is evidence on the packaging that the postal item has
been damaged and it may damage other postal items or postal
equipment or may endanger employees of the postal operator;
4) there is a relevant decision by a competent State
institution;
5) in cases referred to in Section 26 of this Law.
(2) The procedures by which a postal operator opens postal
items shall be determined by the Cabinet.
Section 15. Postal Service Standards
Applicable on Mandatory Basis
The Cabinet shall determine a list of national standards of
the Republic of Latvia to be applied on a mandatory basis when
providing postal services.
Chapter IV
Postal Items and Postal Services
Section 16. Classification of Postal
Items
(1) Postal items shall be divided into the following
categories according to the content thereof:
1) letter-post items;
2) postal parcel items;
3) money order items;
4) press publication items.
(2) Postal items shall be classified as follows according to
the type of postal service provided:
1) ordinary postal items;
2) registered postal items;
3) insured postal items;
4) cash-on-delivery postal items.
(3) Postal items shall be classified as follows according to
their final destination:
1) inland postal items;
2) cross-border postal items.
(4) A provider of postal services, which provides traditional
postal services, shall accept postal items for sending in the
following classes, depending on the speed of delivery of the
postal item:
1) class A - priority mail - mail that is sent on a priority
basis in accordance with the laws and regulations governing the
postal sector;
2) class B - economy mail - mail that is sent on a standard
(ordinary) basis in accordance with the laws and regulations
governing the postal sector.
(5) The minimum and maximum weight and size, value and
insurance amount, as well as the properties of the content and
packaging of postal items shall be determined in accordance with
the requirements of international agreements in the postal
sector, which are binding on the Republic of Latvia.
Section 17. Types of Postal
Services
(1) Postal services shall be divided into traditional postal
services (Section 18) and other postal services (Paragraph two of
this Section).
(2) Other postal services shall be as follows:
1) delivery services of the subscribed press publications
(Section 19);
2) express mail services (Section 20);
3) courier services (Section 21);
4) [21 March 2013];
[21 March 2013]
Section 18. Traditional Postal
Services
(1) When providing traditional postal services, a postal
operator shall:
1) collect from the points for provision of postal services or
accept from a sender in the form specified in this Law such
ordinary letter-post items the size of which does not exceed the
size of the addressee's mailbox, and sort, carry and insert them
into the addressee's mailbox;
2) collect from the points for provision of postal services or
accept from a sender in the form specified in this Law registered
and insured letter-post items, and sort, carry and issue them to
addressees against signature;
3) collect from the points for provision of postal services or
accept from a sender in the form specified in this Law ordinary
and insured postal parcels, and sort, carry and issue them to
addressees against signature;
4) [21 March 2013];
5) [21 March 2013];
6) [21 March 2013];
7) [21 March 2013];
8) [21 March 2013];
9) [21 March 2013].
(2) Upon providing traditional postal services, a postal
operator shall accept postal items for sending at least in one of
the classes referred to in Section 16, Paragraph four of this
Law.
[21 March 2013; 20 June 2018]
Section 19. Delivery Services of
Subscribed Press Publications
(1) A postal operator shall deliver subscribed press
publications to an addressee by inserting them into the
addressee's mailbox or issuing them to the recipient in
person.
(2) Such periodicals (newspapers and magazines), for delivery
of which a press publication subscription has been drawn up,
shall be delivered to addressees.
Section 20. Express Mail
Services
(1) Express mail services shall be provided in order to ensure
faster and more convenient forwarding of postal items, offering
additional service opportunities to clients, which are not
ensured in providing traditional postal services. A postal
operator, which provides express mail services, shall ensure the
conformity thereof with all of the following activities
characterising the advantages of express mail services in
comparison with traditional postal services:
1) receipt of a postal item from the sender at his or her
location or at the point for the provision of express mail
services for which the sender shall sign a filled-in accompanying
document of the postal item;
2) delivery of the postal item to an addressee, issuing it to
the recipient in person upon signature;
3) confirmation of the delivery for the sender upon his or her
request;
4) ensuring delivery of the postal item within a guaranteed
time;
5) indication of the name of the postal operator on the postal
item or the accompanying document.
(2) A postal operator providing express mail services shall
ensure a sender with a possibility to track and trace the
delivery stage of a postal item during sending thereof.
(3) When using express mail services, a sender may change the
destination and addressee of a postal item at any time.
(4) A postal operator providing express mail services shall
comply with the requirements and prohibitions laid down in
international agreements in the postal sector, which are binding
on Latvia, in relation to the packaging, addressing and content
of postal items.
(5) A postal operator shall keep the accompanying documents of
postal items referred to in Paragraph one of this Section for two
years. A goods delivery document which is drawn up as a
corroborative document in transactions involving goods shall not
be deemed an accompanying document of postal item.
[21 March 2013]
Section 21. Courier Services
(1) A postal operator providing courier services shall ensure
that a postal item is accepted from a sender, carried and
delivered to the addressee, issuing the item to the recipient in
person upon signature, by the same person - the courier. A postal
operator providing courier services shall ensure the conformity
of courier services with all the following activities:
1) receipt of the postal item from the sender at his or her
location, for which the sender shall sign a filled-in
accompanying document of the postal item;
2) delivery of the postal item to an addressee, issuing it to
the recipient in person upon signature;
3) confirmation of the delivery for the sender upon his or her
request;
4) ensuring delivery of the postal item within a guaranteed
time;
5) indication of the name of the postal operator on the postal
item or the accompanying document.
(2) A postal operator providing courier services shall comply
with the requirements and prohibitions specified by international
agreements in the postal sector, which are binding on Latvia, in
relation to the packaging, addressing and content of postal
items.
(3) A postal operator shall keep the accompanying documents of
postal items referred to in Paragraph one of this Section for two
years. A goods delivery document which is drawn up as a source
document in transactions involving goods shall not be deemed an
accompanying document of postal item.
[21 March 2013]
Chapter IV1
Postal
Payment Services
[23 November 2017]
Section 21.1 Types of
Postal Payment Services
[23 November 2017]
Section 21.2 Duty and
Conditions for the Provision of Postal Payment Services
[23 November 2017]
Section 22. Payment Services that
are Provided Using the Postal Network
[23 November 2017]
Section 23. Postal Money Order
Services that are Provided Using the Postal Network
[23 November 2017]
Chapter V
Prohibitions
Section 24. Prohibitions in Relation
to the Content of Postal Items
(1) It is prohibited to send the following articles or
substances in postal items:
1) narcotic or psychotropic substances;
2) materials of a pornographic or erotic nature describing or
depicting sexual exploitation of children (child pornography),
sexual acts of human beings involving animals, necrophilia or
violence of pornographic nature;
3) articles or substances, importation or circulation of which
is prohibited in the countries of destination;
4) articles or substances, exportation of which from the
Republic of Latvia or circulation of which in the Republic of
Latvia is prohibited;
5) articles or substances, which may soil or damage other
postal items or postal equipment due to their nature or
packaging;
6) letter-post items by which written communications or
documents possessing the features of current and personal
correspondence are sent that attest to the fact that these
letter-post items are exchanged between persons who are not
indicated as the sender and the addressee on the item;
7) explosive, flammable, radioactive, perishable biological
substances and infectious substances;
8) money, coins, banknotes and any type of securities
(checks);
9) articles and substances, conveyance (carriage) of which is
prohibited in the laws and regulations in the field of medicine
or transport (aviation).
(2) It is prohibited to send animals in postal items.
(3) A postal operator has the right to specify other
restrictions on the content of postal items, which do not
contradict with the requirements laid down in the Universal
Postal Convention and other laws and regulations.
[21 March 2013; 20 June 2018]
Section 25. Exceptions to the
Prohibitions in Relation to the Content of Postal Items
(1) Articles or substances may be sent if the exceptions
provided for in the laws and regulations in the field of medicine
or transport (aviation) have been conformed to.
(2) Money, coins and banknotes, any type of securities
(checks), precious metals and items of jewellery may be sent in
insured postal items.
(3) Flies of the Drosophilidae family, which are sent
by one officially recognised organisation to another for the
purpose of biomedical research, silk-worms, bees and leeches may
be sent in postal items (except for insured items).
Section 26. Actions in Relation to
Postal Items Containing Prohibited Articles, Substances or
Animals
(1) If a postal operator establishes that an item contains
prohibited articles, substances or animals, it shall:
1) stop any such postal item from being sent to the
addressee;
2) remove the prohibited articles, substances or animals from
postal items;
3) notify the sender regarding the suspension of sending of
the postal item, the removal of the article, substance or animal
from the postal item and further actions in relation to them,
unless otherwise prescribed by laws and regulations.
(2) If there is a reason to suspect that a postal item
contains the substances or articles referred to in Section 24,
Paragraph one, Clauses 1, 2 and 7 of this Law, a postal operator
shall not open the referred-to item, but shall inform the State
Police without delay.
(21) If there is a reason to suspect that a postal
item contains unidentified substance in any aggregative state
thereof (for example, solid substance, powdered substance,
liquid, gas), the origin of which is unknown, a postal operator
shall not open the referred-to item, but shall inform the State
Police without delay.
(3) If, upon opening a postal item, it is detected that it
contains the substances referred to in Section 24, Paragraph one,
Clauses 1, 2 and 7 and Paragraph 2.1 of this Section
of this Law, an article containing the referred-to substance, or
an article from which the referred-to substance falls out, spills
out, pours out, leaks or has fallen out, spilled out, poured out
or leaked, a postal operator shall inform the State Police
without delay.
(4) The Cabinet shall determine the procedures, by which a
postal operator removes prohibited articles, substances or
animals from postal items, destroys the removed articles,
substances or animals or handles them in a different manner.
[21 March 2013]
Chapter VI
Universal Postal Service
Section 27. Provision of the
Universal Postal Service
(1) A provider of the universal postal service has a duty to
ensure that users throughout the territory of the Republic of
Latvia have equal opportunities to receive the following services
included in the universal postal service:
1) the collection, sorting, carriage and delivery of such
inland and cross-border letter-post items (including registered
and insured items), the weight of which does not exceed two
kilograms;
2) the collection, sorting, carriage and delivery of such
inland and cross-border postal parcel items (including insured
items), the weight of which does not exceed 10 kilograms;
3) the collection, sorting, carriage and delivery of such
cross-border postal parcel items (including insured items), which
are received from other countries of the European Union and the
weight of which does not exceed 20 kilograms;
4) the delivery services of the subscribed press
publications.
(2) In conformity with the requirements laid down in Section
27.1 of this Law, the universal postal service shall
be provided permanently and continuously, except in the cases of
force majeure or emergency situation.
[21 March 2013 / The new wording of Section shall come into
force on 1 January 2014. See Paragraph 14 of the Transitional
Provisions]
Section 27.1
Determination of the Obligations of the Universal Postal
Service
(1) The Regulator shall impose the obligations of the
universal postal service which provide for clearly formulated,
non-discriminating and commensurate requirements on the postal
operator which has been selected as the provider of the universal
postal service in accordance with the procedures laid down in
this Law. To stimulate efficient provision of the universal
postal service, the obligations of the universal postal service
shall provide for at least the following conditions:
1) the quality requirements in relation to the collection,
sorting, carriage and delivery of postal items (frequency, speed
and regularity);
2) the quality requirements in relation to the layout and
number of points for the provision of postal services and of
letter boxes;
3) the requirement to ensure that all users of postal services
have the opportunity of using the postal services in the list of
the universal postal service for a unified tariff throughout the
territory of the Republic of Latvia;
4) the requirement to provide the universal postal service in
the most economically advantageous manner.
(2) In determining the obligations of the universal postal
service for the provider of the universal postal service
determined according to competition procedures, the Regulator
shall, concurrently in accordance with the procedures laid down
in Section 27.2, Paragraph two of this Law, approve
tariffs of the universal postal service for it which have been
calculated according to the particular methodology for the
calculation of tariffs and the draft of which has been included
in the competition tender. The approved tariffs shall not be
changed for at least one year from the day of entering into
effect thereof. If after the end of such time period the provider
of the universal postal service proposes to review the tariffs,
new tariffs shall be determined in accordance with Section 32,
Paragraph three of this Law.
(3) The obligations of the universal postal service shall be
determined for five years.
(4) A provider of the universal postal service has a duty to
make public information on the range of services offered within
the scope of the universal postal service, the tariffs, including
information on the possibility for senders to receive tariff
reductions or apply special tariffs, on the places for provision
of postal services and the quality requirements, placing the
information at places for provision of postal services or on its
website.
[21 March 2013; 20 June 2018]
Section 27.2 Selection of
a Provider of the Universal Postal Service
(1) The Regulator shall issue a by-law according to which a
competition procedure shall be organised in order to determine
the provider of the universal postal service. The Public
Procurement Law shall not apply to the competition
procedures.
(2) The Regulator shall determine the procedures for approving
tariffs of the universal postal service, to which Section 32,
Paragraph three of this Law does not apply, in the competition
by-law referred to in Paragraph one of this Section.
(3) The Regulator shall ensure equal treatment of all
participants of the competition procedure. The Regulator shall
not create more favourable conditions for any participant of the
competition procedure.
(4) If the competition procedure referred to in Paragraph one
of this Section ends without a result, the Regulator shall:
1) organise a repeated competition procedure within two
years;
2) until notification of the results of the subsequent
competition procedure, but for no more than two years extend the
obligations of the universal postal service for such postal
operator who fulfilled the obligations of the universal postal
service until the day when the competition procedure was
announced.
(41) If the Regulator has established that the
provider of the universal postal service fails to fulfil the
obligations of the universal postal service imposed thereon
(significant derogations from the requirements specified in the
obligations of the universal postal service have been made),
fails to comply therewith without a reason and does not eliminate
the established violations upon a request of the Regulator, the
Regulator shall, within six months, organise a new competition
procedure to determine a new provider or the universal postal
service. The Regulator shall impose the obligations of the
universal postal service on the winner of the tender and revoke
the obligations of the universal postal service that have been
imposed on the last provider of the universal postal service.
(5) The Regulator shall notify the European Commission of the
determination of the provider of the universal postal
service.
[21 March 2013; 16 January 2020 / Paragraph
4.1 shall come into force on 1 July 2020. See
Paragraph 22 of Transitional Provisions]
Section 27.3 Service
Considered as Interchangeable with the Universal Postal
Service
(1) A postal service that is not the universal postal service
and that is provided throughout the territory of the Republic of
Latvia or a part thereof may be considered as interchangeable
with the universal postal service or a part thereof, if, upon
evaluation of such service on its merits and according to the
features of the service provided, such service from the point of
view of users does not conform to the criteria characterising
express mail stipulated in Section 20 of this Law and courier
service stipulated in Section 21 of this Law, but conform to at
least one feature of the universal postal service or part
thereof:
1) letter-post items, the weight of which does not exceed two
kilograms, are collected and delivered;
2) inland postal parcel items, the weight of which does not
exceed 10 kilograms, are collected and delivered;
3) postal parcel items received from the third countries, the
weight of which does not exceed 10 kilograms, are delivered;
4) postal parcel items received from countries of the European
Union, the weight of which does not exceed 20 kilograms, are
delivered.
(2) If a postal operator does not perform record-keeping of
postal parcel items and the postal services provided thereby do
not correspond to the criteria referred to in Paragraph one of
this Section, any collection and delivery of postal parcel items
performed by such postal operator shall be deemed services
considered as interchangeable with the universal postal
service.
(3) A provider of the universal postal service and all
operators which provide services considered as interchangeable to
the universal postal service, shall ensure individual accounting
for the provision of the universal postal service and the
services considered as interchangeable to the universal postal
service in accordance with this Law. Such individual accounting
shall be internally separated from the other accounting.
[21 March 2013; 8 May 2014]
Section 28. Intermediation under the
Universal Postal Service
(1) A provider of the universal postal service has the right
to ensure access to this service, using an intermediary, whilst
retaining the responsibility for the provision of the universal
postal service. The intermediary shall provide services on behalf
of the relevant postal operator.
(2) Intermediation under the universal postal service may
include the acceptance of inland and cross-border letter-post
items and postal parcels, ensuring of the filling-in,
registration and issuance of accompanying documents of postal
items, ensuring of other activities related to the provision of
the universal postal service and the collection of payments for
services at a point for provision of postal services.
(3) Relations between a provider of the universal postal
service and the intermediary thereof shall be determined by the
laws and regulations governing transactions and by contracts that
have been mutually entered into.
[21 March 2013]
Section 29. Quality Control of the
Universal Postal Service
A provider of the universal postal service shall ensure that
an independent quality control of such universal postal service
is carried out in accordance with specific postal service quality
standards, application of which is mandatory, and that a report
is published at least once a year on the results of measurements
and the conformity of the universal postal service with the
specified quality requirements of postal services.
[21 March 2013]
Section 30. Determination of the Net
Costs
(1) The net costs of the obligations of the universal postal
service (hereinafter - the net costs) are the difference between
the expenditure and revenue resulting for the postal operator on
which the obligation to provide the universal postal service in
the most economically advantageous manner has been imposed by the
Regulator, and the costs of the same operator if the obligations
of the universal postal service have not been imposed.
(2) A provider of the universal postal service shall calculate
the net costs arising from the fulfilment of the universal postal
service obligations in accordance with the methodology for the
calculation and determination of the net costs as determined by
the Regulator.
(3) A provider of the universal postal service shall ensure
that the calculation of the net costs is inspected by a sworn
auditor in accordance with the law On Sworn Auditors. An
inspection of the calculation of the net costs shall also include
verification of the authenticity and validity of the data used
for calculations.
(4) A provider of the universal postal service shall publish a
notification on its website on the report of the sworn auditor
and net costs verified by the sworn auditor caused by ensuring
the universal service.
(5) Until 1 September of the current year a provider of the
universal postal service shall submit the calculated net costs to
the Regulator for approval.
(6) Each year the Regulator shall publish a report on its
website providing information on the net costs.
[21 June 2012; 21 March 2013; 27 October 2016; 20 June
2018]
Section 31. Conditions for the
Compensation of the Net Costs
(1) The net costs shall be compensated in accordance with the
procedures laid down in Section 31.1 of this Law.
(2) The net costs shall be compensated if a provider of the
universal postal service proves that the fulfilment of the
universal postal service obligations causes losses.
(3) The net costs shall not be compensated if the fulfilment
of the obligations of the universal postal service creates
additional benefits and they exceed the amount of the calculated
net costs.
(4) The additional benefits referred to in Paragraph three of
this Section shall not be formed by intangible and market
benefits - revenue of the provider of the universal postal
service from other services provided and not included in the
universal postal service, if it is possible to earn such revenue
only by providing the universal postal service. The calculation
of additional benefits shall include such revenue from other
services provided, which conform to the criteria included in the
methodology for the calculation and determination of net costs of
the fulfilment of the obligations of the universal postal service
issued by the Regulator, and the net costs are reduced according
to the value obtained.
(5) A provider of the universal postal service shall not be
compensated such part of the net costs which has been incurred
due to the application of tariff reductions and special tariffs
for services included in the universal postal service.
[21 June 2012; 21 March 2013]
Section 31.1 Procedures
for the Compensation for the Net Costs
(1) The net costs shall be compensated from the resources of
the compensation fund of the universal postal service
(hereinafter - the fund).
(2) The Cabinet shall issue regulations regarding compensation
of the net costs laying down:
1) the principles for establishing the fund, the procedures
for the administration and management thereof in accordance with
Section 31.2, Paragraph five of this Law;
2) the procedures for the making of contributions to the
fund;
3) the procedures by which pay-outs for compensation of the
net costs shall be made from the fund.
(3) The resources of the fund shall be used only for the
compensation of the net costs.
[21 June 2012; 21 March 2013]
Section 31.2 Provision of
the Operation of the Compensation Fund of the Universal Postal
Service
(1) The resources of the fund shall be formed by the State
duty paid by postal operators for the compensation of the net
costs of the fulfilment of the obligations of the universal
postal service (hereinafter - the State duty), including the
State duty paid by a provider of the universal postal service
also for the universal postal service provided, and the funds
from the State budget allocated for this purpose in the amount
laid down in the annual State budget law. The amount of the State
duty, the payment procedures, reliefs and exemptions from the
duty shall be determined by the Cabinet. Reliefs and exemptions
from the State duty shall not be applied to the provider of the
universal postal service for the provision of the universal
postal service.
(2) The State duty shall be paid in the State basic budget and
transferred into the account of the relevant programme of the
Ministry of Transport in the Treasury.
(3) The resources of the fund shall be planned in the budget
programme of the Ministry of Transport created for such purpose
in the State basic budget according to the amount of the net
costs approved by the Regulator.
(4) Each year until 31 December, the Cabinet shall determine
the amount of the State duty in percentage from the net turnover
of the postal operator in the previous year on the basis of the
amount of the net costs approved by the Regulator in accordance
with the procedures laid down in this Law.
(5) The management functions of the fund shall be performed by
the following authorities:
1) the Ministry of Transport shall administer paying-in of the
State duty in the State basic budget and disburse the
compensation of the net costs in the amount approved by the
Regulator;
2) the Regulator shall examine the calculated net costs
submitted by the provider of the universal postal service
(Section 30, Paragraph five) and approve the amount of the net
costs by 31 October of the current year.
[21 June 2012; 21 March 2013; 8 May 2014]
Chapter VII
Tariffs and Tariff Reductions of Postal Services
Section 32. Tariffs and Tariff
Reductions of Postal Services
(1) A postal operator shall set the tariffs for postal
services.
(2) A provider of the universal postal service shall calculate
tariffs of the universal postal service in accordance with the
methodology for the calculation of tariffs laid down by the
Regulator.
(3) The Regulator shall approve tariffs for the universal
postal service in accordance with the procedures laid down in the
law On Regulators of Public Utilities.
(4) A postal operator has the right to specify tariff
reductions for postal services provided to users, except in cases
where the Regulator has deemed such reductions as unequal.
(41) Postal items regarding the delivery of which a
postal operator has entered into a contract with a sender and
which consist only of advertising, marketing or publicity
materials and contain an identical message, except for the
identification data of the addressee that do not alter the
essence of the message, shall not be regarded as such letter-post
items which are included in the scope of the universal postal
service.
(5) A provider of the universal postal service shall agree
upon tariff reductions for the universal postal service with the
Regulator in accordance with the procedures laid down by the
Regulator.
[21 March 2013; 20 June 2018]
Section 32.1 Special
Tariffs
(1) A provider of the universal postal service has the right
to enter into individual agreements with senders on special
tariffs. Special tariffs shall be determined, taking into account
costs in comparison to activities that include the provision of
all postal services (collection, sorting, carriage, and
delivery). Special tariffs may not be lower than costs.
(2) A provider of the universal postal service may apply
special tariffs to postal items if at least one of the following
conditions differ from the requirements for the provision of the
universal postal service:
1) the provisions for the collection or transfer;
2) the provisions for the carriage;
3) the provisions for the sorting;
4) the provisions for the notification on receipt of a postal
item;
5) the provisions for the delivery;
6) the provisions for the speed and time of conveyance;
7) the weight, size, and number of the postal item.
(3) The special tariff of a provider of the universal postal
service shall be available to all users by completely complying
with the conditions for the application thereof. Special tariffs
shall not be approved by the Regulator.
(4) Upon entering into an agreement on special tariffs, a
provider of the universal postal service shall include all
conditions for the application of special tariffs therein. The
provider of the universal service shall submit a certified copy
of the agreement or amendments made thereto to the Regulator
within ten working days after entering into the relevant
agreement or making amendments thereto.
[20 June 2018]
Section 32.2 Prices of
Delivery Services of Subscribed Press Publications
The Cabinet shall determine the prices of delivery services of
the subscribed press publications for a postal operator on which
the obligation to provide the universal postal service has been
imposed.
[21 March 2013 / The Section shall be in force until 31
December 2020. See Paragraph 15 of the Transitional
Provisions]
Chapter VIII
Means of Postal Prepayment and Payment for Postal Services
Section 33. Types of Certifying
Payment for Postal Services
(1) Payment for postal services shall be certified, using one
of the following means of postal prepayment glued or printed on a
postal item:
1) a postage stamp of the Republic of Latvia;
2) means of postal prepayment mark valid in the Republic of
Latvia which is printed on the packaging of the postal item or
the postal item itself with a printing press or obtained through
printing or impression process.
(2) A cliché impression of a franking machine registered in
accordance with the procedures laid down in this Law may be made
instead of the postal prepayment mark.
(3) The means of postal prepayment sold shall not be accepted
back and changed.
[21 March 2013; 20 June 2018]
Section 34. Right to Issue Means of
Postal Prepayment and Put them into Circulation
(1) Postage stamps of the Republic of Latvia and other means
of postal prepayment shall be issued, put into and withdrawn from
circulation in accordance with the procedures laid down by the
Cabinet.
(2) Persons shall be held liable, in accordance with the
Criminal Law, for the forgery of postage stamps or other means of
postal prepayment or of international reply coupons, as well as
the use of forged or used postage stamps or other means of postal
prepayment, or international reply coupons for postal items or
the sale thereof for the same purpose.
[21 March 2013]
Section 35. Payment for Postal
Services
(1) Payment for postal services in the cases stipulated in
this Law may be made with means of postal prepayment valid in the
Republic of Latvia, international reply coupons, in cash or using
non-cash payments.
(2) Such means of postal prepayment shall be deemed valid,
which have not been withdrawn from circulation, damaged or
pierced, coated with various substances (for example, varnish,
glue) preventing them from being stamped, as well those which
have already been used, marked with various seals, or impressions
of seals of which have been cleaned or erased chemically or
otherwise.
(3) Payment for postal services may be made with means of
postal prepayment of the relevant tariff or with means of postal
prepayment of a higher value.
(4) Payment for postal services shall be made by senders in
accordance with tariffs of postal services upon handing over a
postal item to the postal operator.
(5) Postal items with invalid or forged means of postal
prepayment shall not be forwarded by the postal operator, and
shall be handled in conformity with the procedures laid down by
the Cabinet.
[21 March 2013]
Section 36. Payment for Postal
Services with Means of Postal Prepayment
(1) Users shall pay for ordinary and registered letter-post
items with means of postal prepayment.
(2) Users may pay for other postal services with means of
postal prepayment, if they are accepted by the postal operator,
in cash or by money transfer.
[21 March 2013; 20 June 2018]
Section 37. Payment for Postal
Services Using Cliché Impression of Franking Machines
(1) A postal item may be labelled with a cliché impression of
a franking machine instead of means of postal prepayment in order
to verify payment for sending the postal item.
(2) The procedures for the registration and use of franking
machines shall be laid down by the Cabinet.
[21 March 2013]
Section 38. Payment for Postal
Services with International Reply Coupons
International reply coupons, which are issued by the
International Bureau of the Universal Postal Union, shall be
accepted as payment for sending cross-border letter-post items.
An international reply coupon shall be labelled with the date
stamp of the state where this coupon was sold. A postal operator,
which provides the universal postal service, shall also accept
unstamped coupons.
[21 March 2013]
Section 39. Settlements for Postal
Services between European Union Member States
To ensure the provision of the cross-border universal postal
service within the European Community, a provider of the
universal postal service shall comply with the following
principles when entering into an agreement on terminal dues -
remuneration for the delivery of incoming cross-border postal
items that have been sent from another European Union Member
State:
1) terminal dues shall be determined depending on the costs of
processing and delivery of incoming cross-border postal
items;
2) levels of remuneration shall be determined according to the
quality of postal services attained;
3) terminal dues shall be transparent and
non-discriminatory.
[21 March 2013]
Section 40. Exemption from Payment
for Postal Services
The following postal items shall be exempted from payment for
postal services:
1) postal items for the blind which contain notifications or
printed papers prepared using the writing system for the blind -
Braille, or other information carriers addressed to the
blind;
2) postal items, which are sent by prisoners of war and
interned persons or which are sent to the referred-to persons, as
well as to the relevant investigative institutions in accordance
with the Geneva Convention of 12 August 1949 regarding the
protection of civilian persons in time of war;
3) items related to the postal service and sent by the
provider of the universal postal service.
[21 March 2013; 20 June 2018]
Section 41. Date Stamp
(1) A postal operator shall use a date stamp for cancelling
postage stamps and verifying the place and date of acceptance,
sending, receipt or issuing of postal items, as well as shall use
the calendar stamp for confirming receipts issued by the operator
itself.
(2) A date stamp shall contain the name of the place where
postal items are processed (description, abbreviation), the name
or logo of the postal operator, the date and stamp number.
[21 March 2013]
Chapter IX
Secrecy and Data Protection of Postal Items
Section 42. Secrecy and Data
Protection of Postal Items
(1) Employees of a postal operator, as well as customs
officials and customs brokers (including employees thereof)
participating in the customs clearance of postal items to be
sent, are prohibited from disclosing information regarding postal
items of users and regarding users, except where such information
is necessary for the competent State institutions in order to
fulfil the functions laid down by laws and regulations.
(2) The prohibition referred to in Paragraph one of this
Section shall remain in force for officials and employees even
after they have terminated employment legal relations with the
employer in question.
Section 43. Right to Receive
Statements Regarding Postal Items
(1) A sender and an addressee has the right to request a
statement from a postal operator regarding the issuance of a
registered or insured inland postal item within a time period of
six months from the date when the item was handed over,
presenting the original copy of the receipt to the postal
operator.
(2) A postal operator shall issue statements regarding
cross-border postal items in accordance with international
agreements in the postal sector, which are binding on the
Republic of Latvia.
(3) Statements regarding postal items may be issued to a
sender and an addressee or his or her authorised person,
competent State institutions, as well as to State or local
institutions and officials if such postal items are items related
to the postal service sent by institutions and officials
subordinated thereto.
Chapter X
Financial Liability for Postal Items
Section 44. Financial Liability of
Postal Operator for Postal Items
(1) A postal operator shall be financially liable for:
1) the loss of registered and insured postal items;
2) any damaged or missing content of registered and insured
postal items;
3) returning of a postal parcel without providing a
notification on the reason for the non-issuance thereof;
4) the loss of uninsured postal parcels and any damaged or
missing content thereof.
(2) In the case referred to in Section 13, Paragraph two of
this Law, the postal operator to which the postal item was handed
over by the sender shall be financially liable to a person. The
relevant postal operator has the right of claim by way of
subrogation against such postal operator, due to which financial
liability has set in.
[21 March 2013]
Section 45. Release of Postal
Operator from Liability
(1) A postal operator shall be released from financial
liability for the loss of postal items and damaged or missing
content thereof, which has been caused by force majeure,
the properties of the content of the postal item or the fault of
the sender in cases specified in Section 48 of this Law.
(2) A postal operator shall not be liable for:
1) damaged or missing content of such registered or insured
postal items, which have been handed over to the postal operator
in a sealed form and the content of which has not been examined
upon acceptance of the item, but upon issuance of which the
stamps, seals and packaging are intact and the weight is the same
as indicated upon acceptance of the item;
2) damaged or missing content of a postal item if a complaint
regarding this item has been submitted after the deadline for
submission of complaints referred to in Section 53 of this Law
has expired;
3) damaged or missing content of a postal item if a complaint
regarding this item has been submitted after the issuance of the
postal item to the addressee or his or her authorised person, and
no damaged or missing content was detected at the time of
issuance;
4) indirect losses, which have been incurred by the sender or
the recipient due to the loss, damaged or missing content, as
well as delay en route of a postal item;
5) non-delivery of a postal item to the addressee if the
postal item contains articles, sending of which is prohibited,
and further carriage thereof has been stopped;
6) confiscation of postal items in accordance with decisions
of the competent State authorities;
7) the actions of customs officials and customs brokers
(including employees thereof) relating to the customs clearance
of postal items.
Section 46. Persons Entitled to
Remuneration
(1) A sender has the right to remuneration for the loss,
damaged or missing content of the postal items referred to in
Section 44 of this Law.
(2) The addressee has the right to remuneration if a postal
item has already been issued to him or her and the damaged or
missing content of the postal item have been detected at the time
of issuance thereof.
Section 47. Disbursement of
Remuneration for the Loss, Damaged or Missing Content of Postal
Items
(1) A postal operator shall disburse remuneration for the
loss, damaged or missing content of cross-border postal items in
accordance with international agreements, which are binding on
the Republic of Latvia.
(2) The Cabinet shall determine the procedures, by which a
postal operator disburses remuneration for the loss, damaged or
missing content of inland postal items.
Section 48. Senderʼs Liability
(1) A sender shall be financially liable for any losses and
injuries caused by conveyance of such postal items of the sender,
which contain prohibited articles, substances or animals, or
where unsuitable packaging has been used for a postal item or the
articles contained therein.
(2) In the cases referred to in Paragraph one of this Section
a sender shall be financially liable for the following losses and
injuries:
1) for direct losses caused to postal items of other
users;
2) for losses to the property of the postal operator;
3) for injury to employees of a postal operator.
Chapter XI
Postal Network
Section 49. Provision of the Postal
Network
(1) The Cabinet shall determine the provisions for the
arranging, layout, and design of places for the provision of
postal services, letter boxes, mailbox points, and mailboxes, as
well as for arranging the processing points of cross-border
postal items.
(2) A provider of the universal postal service shall ensure
placement of mailboxes at buildings and other structures in
places that are accessible to the public. The postal operator has
the right to place mailboxes, without remuneration, at buildings
(structures), co-ordinating the placement with the owners of such
buildings (structures).
(3) A postal operator has the right to use a postal network
belonging to another postal operator for a consideration by
entering into the agreement on mutually economically advantageous
conditions. The contract shall include at least the following
information:
1) the description of services and conditions for the
provision thereof;
2) the procedures for the transfer, acceptance, delivery,
forwarding, and return of postal items;
3) the fee for the receipt of services and payment
procedures;
4) liability in the case of loss of or damage to postal
items.
(31) In order to enter into the contract specified
in Paragraph three of this Section, a postal operator shall
submit a justified application to another postal operator in
which the services which it wishes to receive in the postal
network belonging to another postal operator, the desirable
provisions for the use of services, and also proposals for the
inclusion of other provisions in the contract referred to in
Paragraph three of this Section are indicated.
(32) If the application in conformity with that
indicated in Paragraph 3.1 of this Section is
received, a postal operator shall provide a justified reply to
the application within 30 days.
(4) Users shall be responsible for the installation and repair
of mailboxes of users.
[21 March 2013; 20 June 2018]
Chapter XII
Rights and Obligations of Users
Section 50. Rights of the Sender
(1) A sender may exercise the following rights until a postal
item has been issued to the addressee by submitting a written
request to the postal operator and presenting the original copy
of the receipt for the postal item and a personal identification
document:
1) to have the postal item handed over by him or her returned
to him or her;
2) to give instructions to deliver the postal item to a
different address and issue the postal item to another person or
deliver it to the addressee at a different address;
3) to extend the time period for the storage of the postal
item at the point for provision of postal services for up to two
months after the date of receipt thereof;
4) to give instructions to issue a cash-on-delivery item to
the addressee (which should be issued to the addressee,
collecting from him or her the amount of money specified by the
sender), without collecting the cash-on-delivery from him or her,
or to collect the cash-on-delivery from the addressee for an
insured postal item, which was not qualified as a
cash-on-delivery item at the time it was sent;
5) to reduce or increase the cash-on-delivery amount initially
specified, without exceeding the insured value of the postal
item;
6) to give instructions to issue the postal item to the
addressee on a specific postal working day, if the time preferred
by the sender when the postal item should reach the addressee
exceeds the period of conveyance laid down in the quality
requirements.
(2) A sender has the right to claim the amount collected for
cash-on-delivery, the content of an insured postal item or the
amount of money received upon sale thereof, for one year from the
date on which the postal item was handed over to the postal
operator and the postal operator's receipt was issued.
Section 51. Obligations of the
Sender
(1) A sender has an obligation to comply with the requirements
for the indication of address when preparing a postal item.
(2) The Cabinet shall determine the procedures for the
indication of the address of the addressee and the sender on a
postal item.
(3) When handing over a letter-post item in which small
articles are sent or postal parcels to a postal operator for
sending, the sender or a person who is handing over the item has
an obligation to provide his or her personal data to the postal
operator, and also to present a personal identification document
or such document (in which the number of the relevant document,
issuer and term of validity thereof are indicated and which
contains the photography, personal identity number and personal
signature of the document holder) which has been issued by a
State authority or a legal person governed by private law, when
performing the State administration task delegated in accordance
with the procedures laid down in the State Administration
Structure Law.
(4) A person who sends a postal item or hands it over to
another person for delivery to a postal operator has an
obligation to indicate himself or herself as the sender on the
postal item.
[20 June 2018]
Section 52. Rights of the
Addressee
(1) An addressee is entitled to give the following
instructions to a postal operator by submitting a written
application:
1) to deliver items, which are addressed to him or her, to a
different address; and
2) to store postal items that are addressed to him or her at
the point for provision of postal services for up to two months
from the date on which they were received at the relevant point
for the provision of postal services.
(2) An addressee is entitled, without opening the postal item,
to refuse the receipt thereof. In such cases the addressee shall
make a note on the postal item or accompanying documents. If the
addressee refuses to make the note referred to, it shall be made
by an employee of the postal operator.
(3) An addressee - unless a postal operator ensures a
possibility of informing him or her regarding receipt of a postal
item using specific means of electronic communication - is
entitled to request according to the procedures laid down by the
postal operator that it informs the addressee regarding receipt
of a postal item, using the relevant means of electronic
communications. In such case a written information notification
in printed form regarding receipt of a postal item need not be
delivered to the addressee.
[21 March 2013]
Chapter XIII
Examination of Complaints
Section 53. Deadlines for the
Submission of Complaints
A complaint regarding the loss of a registered or insured
postal item, damaged or missing content thereof may be submitted
to a postal operator within a time period of six months from the
date when such postal item was handed over to the operator,
presenting the receipt issued by the postal operator regarding
acceptance of the item for sending.
Section 54. Procedures for the
Submission and Examination of Complaints
Complaints regarding a postal service shall be submitted and
examined as follows:
1) a complaint regarding a postal service shall be submitted
to the relevant postal operator, which shall examine the
complaint and provide a reply not later than within a month from
the date when the complaint was received. Replies to complaints
on cross-border postal services shall be provided in accordance
with the procedures and within the time period laid down in the
Universal Postal Convention and the rules of procedure
thereof;
2) if the person submitting the complaint is dissatisfied with
the reply of the postal operator and the complaint refers to a
type of postal service subject to regulation, he or she has the
right to submit a complaint of the same content together with the
reply of the postal operator to the Regulator.
[21 March 2013]
Section 55. Provision of Information
Regarding the Results of Examination of Complaints
(1) Upon the request of the Regulator, a postal operator shall
provide information regarding the number of complaints received
and the results of the examination during the relevant accounting
period of the financial year.
(2) A postal operator, which provides the universal postal
service, shall also include information regarding the number of
complaints and type of examination in the annual report referred
to in Section 29 of this Law.
[21 March 2013]
Chapter XIV
Administrative Offences in the Field of the Provision of Postal
Services and Competence in the Administrative Offence
Proceedings
[16 January 2020 /
Chapter shall come into force on 1 July 2020. See
Paragraph 22 of Transitional Provisions]
Section 56. Violation of the
Regulations on General Authorisation in the Provision of Postal
Services
For infringing the rights of users specified in the regulation
on the general authorisation in the provision of postal services
that are under the competence of the Regulator, a warning or a
fine in the amount of fifty-six up to two thousand and eight
hundred units of fine shall be imposed on legal persons.
[16 January 2020 / Section shall come into force on
1 July 2020. See Paragraph 22 of Transitional
Provisions]
Section 57. Violation of the
Requirements Specified in the Laws and Regulations for the
Provider of the Universal Postal Service
For violating the requirements specified in the laws and
regulations for the provider of the universal postal service in
relation of the application of a tariff, a warning or a fine in
the amount of fifty-six up to two thousand and eight hundred
units of fine shall be imposed on legal persons.
[16 January 2020 / Section shall come into force on
1 July 2020. See Paragraph 22 of Transitional
Provisions]
Section 58. Competence in the
Administrative Offence Proceedings
Administrative offence proceedings regarding the violations
referred to in Sections 56 and 57 of this Law shall be conducted
by the Regulator.
[16 January 2020 / Section shall come into force on
1 July 2020. See Paragraph 22 of Transitional
Provisions]
Transitional Provisions
1. With the coming into force of this Law, the Postal Law
(Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1994, No. 12; 1995, No. 3; 1997, No. 7; 2001, No.
3; 2004, No. 7 and No. 23) is repealed.
2. By 1 February 2010, the Cabinet shall issue the regulations
referred to in Section 14, Paragraph two, Section 15, Section 22,
Paragraph three, Section 26, Paragraph four, Section 34,
Paragraph one, Section 35, Paragraph five, Section 37, Paragraph
two, Section 47, Paragraph two, Section 49, Paragraph one and
Section 51, Paragraph two of this Law. Cabinet Regulation No. 445
of 21 June 2005 "Postal Regulations" shall apply until the date
of entry into force of these Regulations insofar as they are not
in contradiction with this Law.
3. The Regulator shall, within a time period of six months
from the date of coming into force of this Law, issue the laws
and regulations referred to in Section 9, Paragraph one, Section
10, Section 12, Section 27, Paragraph two, Section 30, Paragraph
two and Section 32, Paragraphs two and five. The following laws
and regulations issued by the Regulator shall be applied until
the date of coming into force of the laws and regulations issued
by the Regulator referred to in Section 10 and Section 32,
Paragraph two of this Law insofar as they are not in
contradiction with this Law:
1) Regulations Regarding General Authorisation in the Postal
Sector [approved by the Decision No. 289 of the Regulator of 30
November 2005 (Latvijas Vēstnesis, 2005, No. 196; 2006,
No. 93)];
2) Methodology for Determination of Tariffs of General Postal
Services [approved by the Decision No. 290 of the Regulator of 30
November 2005 (Latvijas Vēstnesis, 2005, No. 197; 2006,
No. 93)].
4. The term "universal postal service" used in this Law shall
conform with the term "general postal services" used in other
legal acts and in the individual licence insofar as it is not in
contradiction with this Law.
5. The Cabinet shall issue the regulations provided for in
Section 31, Paragraph one of this Law by 31 December 2012. Any
losses incurred by the provider of the universal postal service
due to the provision of delivery services of the subscribed press
publications shall be compensated thereto from the State budget
(a lump-sum payment for the previous year) by 31 December 2012,
provided that the income forgone due to reductions in tariffs for
the delivery services of the subscribed press publications are
not compensated.
[26 November 2009; 21 March 2013]
6. The right reserved for a provider of the universal postal
service to accept, convey and issue letter-post items weighing no
more than 50 grams shall remain in force until 31 December
2012.
[21 March 2013]
7. The reserved special rights referred to in Paragraph 6 of
these Transitional Provisions may be ignored by a different
postal operator for which the tariff for the items referred to in
Paragraph 6 exceeds, by 2.5 times or more, the tariff specified
for a provider of the universal postal service, in relation to
the fastest delivery class of the first weight group.
[21 March 2013]
8. Compensation of losses incurred due to the fulfilment of
other obligation of the universal postal service (the losses not
referred to in Paragraph 5 of these Transitional Provisions)
shall be applied to the period of time beginning with the date of
entry into force of this Law.
9. [21 June 2012]
10. Until 31 December 2012, a postal operator to whom an
individual licence has been issued for the provision of general
postal services until the day of coming into force of this Law
shall provide the universal postal services. Without organising
the competition procedures provided for in Section 27, Paragraph
three of this Law, the Regulator shall specify the obligations of
the universal postal service for such postal operator until 31
December 2012, not applying them to the delivery services of
subscribed press publications.
[26 November 2009]
11. After the time period referred to in Paragraph 10 of these
Transitional Provisions, the Regulator shall not organise the
competition procedures referred to in Section 27, Paragraph three
of this Law and shall extend the obligations of the universal
postal service for two years from 1 January 2013 for such postal
operator on whom the obligation to provide the universal postal
service has been imposed until 31 December 2012.
[21 June 2012; 21 March 2013]
11.1 After 31 December 2014, the Regulator shall,
without applying the procedures laid down in Section
27.2 of this Law to the selection of the provider of
the universal postal service, extend the obligations of the
universal postal service for five years from 1 January 2015 to
such postal operator on whom the obligation to provide the
universal postal service has been imposed until 31 December
2014.
[8 May 2014]
12. Until 31 December 2019, the obligations of the universal
postal service shall not be applied to the delivery services of
the subscribed press publications. The postal operator on which
the obligation to provide the universal postal service has been
imposed until 31 December 2014 shall provide the delivery
services of the subscribed press publications throughout the
territory of Latvia until 31 December 2019, and the losses
incurred by such operator due to provision of the delivery
services of the subscribed press publications during the time
period from 1 January 2013 until 31 December 2019 shall be
compensated thereto from the State budget, provided that the
income forgone due to reductions in tariffs for the delivery
services of the subscribed press publications are not
compensated. The losses which have been incurred in providing the
delivery services of the subscribed press publications are the
difference between the actual costs of the delivery services of
the subscribed press publications and the price stipulated in
accordance with the procedures referred to in Section
32.2 of this Law. The provider of the universal postal
service shall calculate losses according to the methodology for
the calculation of tariffs for the universal postal service and
the methodology for the calculation and determination of the net
costs of fulfilment of the obligations of the universal postal
service, and shall submit it to the Ministry of Transport
together with the audited report. The losses shall be compensated
in two parts - the first payment shall be made in the current
year according to the calculation of the provider of the
universal postal service which is based on the operational data
for the first six months by compensating the full amount of the
losses indicated in the calculation, whereas the second payment,
compensating the remaining part of losses, shall be made in the
year after submitting the audited report to the Ministry of
Transport.
[21 June 2012; 21 March 2013; 8 May 2014; 5 June
2014]
12.1 The procedures for the compensation for losses
in 2016 laid down in Paragraph 12 of the Transitional Provisions
shall be applied, provided that losses incurred as a result of
the provision of the delivery services of the subscribed press
publications in the first half of 2016 are not compensated for in
2016. The abovementioned losses shall be compensated in 2017
after submission of the audited report to the Ministry of
Transport.
[30 November 2015]
12.2 The procedures for the compensation for losses
in 2017 laid down in Paragraph 12.1 of the
Transitional Provisions shall be applied, provided that losses
shall be compensated from the State budget in the amount of the
difference between the amount of the calculated losses and the
share of the net profit of the State joint stock company
Latvijas Pasts for 2015 in the amount of 90 per cent
which, without paying dividends to the State budget, has been
diverted to cover the losses stemming from the provision of the
delivery services of the subscribed press publications in
2016.
[23 November 2016]
13. Amendment to this Law regarding supplementation of Section
13 with Clause 6, rewording of Paragraph one of Section 31, and
Sections 31.1 and 31.2 shall come into
force on 1 January 2013. The Cabinet shall, by 15 May 2013, issue
the regulations provided for in Section 31.1,
Paragraph two and Section 31.2, Paragraphs one and four of this
Law.
[21 June 2012; 21 March 2013]
14. Amendment to this Law regarding rewording of Section 27,
as well as Sections 27.1 and 27.2 shall
come into force on 1 January 2014.
[21 March 2013]
15. Section 32.2 of this Law shall be in force
until 31 December 2020.
[21 March 2013; 8 May 2014; 19 September 2019]
16. The Cabinet shall issue the regulations referred to in
Section 13.1, Paragraph two, Section 13.2,
Paragraph two, Section 32.2 and Section 49, Paragraph
one of this Law until 15 May 2013.
[21 March 2013]
17. Until the day of coming into force of the regulations
referred to in Section 49, Paragraph one of this Law Cabinet
Regulation No. 782 of 17 August 2010, Procedures for the Location
and Design of Points for Provision of Postal Services, Postal
Network Access Points, Mailbox Points and Mailboxes, shall be
applicable, insofar as they are not in contradiction with this
Law.
[21 March 2013]
18. The terms used in this Law "cross-border postal items" and
"cross-border postal services" shall conform to the terms used in
other legal acts "international postal items" and "international
postal services", insofar as they are not in contradiction with
this Law.
[21 March 2013]
19. Until the time when the fund for compensation of the
universal postal service commences operation the net costs of the
fulfilment of the obligations of the universal postal service
shall be compensated from the State budget.
[21 March 2013]
20. Until the time when the relevant amendments are made to
other laws and regulations the term "postal network access point"
shall conform to the term "point for the provision of postal
services" used in this Law, insofar as it is not in contradiction
with this Law.
[20 June 2018]
21. The obligations of the universal postal service shall not
be applied to the delivery services of the subscribed press
publications until 31 December 2020. The postal operator on whom
the obligations to provide the universal postal service have been
imposed until 31 December 2019 shall provide the delivery
services of the subscribed press publications throughout the
territory of Latvia until 31 December 2020. Losses which have
been incurred by such postal operator while providing the
delivery services of the subscribed press publications during the
time period from 1 January 2020 until 31 December 2020 shall be
compensated thereto from the State budged under the following
conditions:
1) the income forgone due to the reductions in tariffs for the
delivery services of the subscribed press publications shall not
be compensated;
2) the losses for the delivery services of the subscribed
press publications are formed by the difference between the
actual costs of the delivery services of the subscribed press
publications and the price determined in accordance with the
procedures referred to in Section 32.2 of this
Law;
3) the provider of the universal postal service shall
calculate losses for the delivery services of the subscribed
press publications according to the methodology for the
calculation of tariffs for the universal postal service and the
methodology for the calculation and determination of the net
costs of fulfilment of the obligations of the universal postal
service specified by the Regulator, and shall submit it to the
Ministry of Transport together with the audited report;
4) the losses for the delivery services of the subscribed
press publications shall be compensated in two instalments - the
first payment shall be made in the current year according to the
calculation of the provider of the universal postal service which
is based on the operational data for the first six months by
compensating full amount of the losses indicated in the
calculation, whereas the second payment shall be made in the next
year after submission of the audited report to the Ministry of
Transport by compensating the remaining part of the losses.
[19 September 2019]
22. Amendment to this Law regarding the deletion of Section 9,
Paragraph seven, amendment to Section 9, Paragraph eight by which
the words "Paragraph seven of this Section and" are deleted, and
also Section 27.2, Paragraph 4.1 and
Chapter XIV shall come into force concurrently with the Law on
Administrative Liability.
[16 January 2020]
Informative Reference to the
European Union Directives
[21 March 2013]
This Law contains norms arising from:
1) 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;
2) Directive 2002/39/EC of the European Parliament and of the
Council of 10 June 2002 amending Directive 97/67/EC with regard
to the further opening to competition of Community postal
services;
3) [21 March 2013];
4) 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.
This Law has been adopted by the Saeima on 4 June
2009.
President V. Zatlers
Riga, 19 June 2009
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)