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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 18.07.2018.–24.06.2019.
Amendments not included: 23.11.2017., 19.09.2019.

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].

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 institution of a public person indicated in the address of the postal item who or which should be delivered a postal item;

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 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 institution 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 state or is sent to an addressee in another state, or is conveyed in transit through the territory of the Republic of Latvia;

14) carriage - carriage of postal items from the points for provision of postal services to the sorting area, between sorting areas, from the sorting area to the points for 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 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 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 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 institution of a public person who has specified himself or herself 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 designated in accordance with the procedures laid down in this Law, which according to the liabilities stipulated for the universal postal service are provided throughout the territory of the Republic of Latvia;

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. Institutions Ensuring the Administration and Supervision of the Postal Sector

(1) The overall State 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 necessary for the performance of functions thereof (including information containing commercial 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 states and institutions 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, fulfilling all the obligations arising from the Acts of the Universal Postal Union, and which, according to the referred-to liabilities, will represent the Republic of Latvia in relations with postal operators designated by other states 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, which is necessary for the performance of functions thereof (including information containing commercial 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 details regarding the postal operator (designated postal operator) referred to in Section 6, Paragraph two, Clause 4 of this Law.

[21 March 2013]

Chapter III
Regulations for Provision of Postal Services

Section 8. Right to Provide Postal Services

A merchant 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 merchant 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 a merchant in the register of postal operators or for excluding a merchant 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, a merchant 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 a merchant in the Register of Enterprises of the Republic of Latvia and information publicly available in the register and databases maintained by the State Revenue Service, and register the merchant in the register of postal operators, unless any circumstances referred to in Paragraph five of this Section exist.

(5) The Regulator shall not register a merchant 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 merchant is to be entered into the register of postal merchants the merchant has tax debts, including debts of State social insurance mandatory contributions which exceed EUR 150 in total;

2) the economic activity of the merchant has been suspended by a decision of a competent institution;

3) the insolvency or liquidation proceedings of the merchant 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 of prohibition on the provision of postal services has not expired.

(6) The Regulator shall delete 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 deleted from the Commercial Register;

3) the notification of 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) The Regulator shall make an entry in the register of postal operators that the postal operator has been deprived of the right to provide postal services for three years on the basis of the notification submitted by the State Revenue Service that the postal operator has been repeatedly punished within a year in accordance with Section 169.3 or 201.12 of the Latvian Administrative Violations Code for violation of regulations regarding the trade of goods subject to excise duty, or for smuggling, and the relevant decision of the State Revenue Service has entered into effect. A time period of three years shall start on the day when the relevant decision of the State Revenue Service has entered into effect. The State Revenue Service shall indicate the day when this decision enters into effect in the notification submitted to the Regulator.

(8) Upon making an entry in the register of postal operators in accordance with Paragraph seven of this Section and Section 11, Paragraph one of this Law, the Regulator shall indicate a justification as to why the merchant has been deprived of the right to provide postal services and the time period of the prohibition on the provision of postal services.

(9) If a merchant has been refused the registration in the register of postal operators or a postal operator has been deleted 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 deleting 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 deletion 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]

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 infringements 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 infringement of the regulations on general authorisation is recommitted during a time period of 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) A merchant 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 infringements of the regulations on general authorisation have been rectified.

(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 infringements of the regulations on general authorisation have not been rectified 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 execute 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 a State fee for regulating of public services in accordance with the law On Regulators of Public Utilities;

6) to pay a State fee for 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 State administration and supervision in the postal sector;

10) to ensure examination of complaints of users of postal services.

(2) Postal operators may agree on transfer of the provision of postal services or part thereof to another person only with postal operators, except the case referred to in Section 28 of this Law.

(3) The designated 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 storage of the undelivered postal item has expired and it is not possible to establish a precise address of the sender in order 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 authority;

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; and

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 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 corroborative 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 states 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 observed.

(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 states 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 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 determine the obligations of the universal postal service, which provide for clearly formulated, non-discriminating and commensurate requirements, for a postal operator which has been designated 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 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 tender 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 tender offer. 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 Designation of a Provider of the Universal Postal Service

(1) The Regulator shall issue a by-law according to which a tender shall be organised in order to determine the provider of the universal postal service. The Public Procurement Law shall not apply to the tender 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 tender by-law referred to in Paragraph one of this Section.

(3) The Regulator shall ensure equal treatment of all participants of the tender. The Regulator shall not create more favourable conditions for any tender participant.

(4) If the tender referred to in Paragraph one of this Section ends without a result, the Regulator shall:

1) organise a repeated tender within two years;

2) until notification of the results of the subsequent tender, 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 tender was announced.

(5) The Regulator shall notify the European Commission regarding determination of the provider of the universal postal service.

[21 March 2013 / See Paragraph 14 of the 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 states 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 merchants 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, which is assigned by the Regulator with the obligation to provide the universal postal service in the most economically advantageous manner, and the costs of the same operator if the obligations of the universal postal service have not been determined.

(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, as determined by the Regulator, for calculation and determination of the net costs.

(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 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 arisen due to the application of tariff reductions and special tariffs of 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 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 performed from the fund.

(3) The resources of the fund shall be used only for 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 fee paid by postal operators for compensation of the net costs of the fulfilment of the obligations of the universal postal service (hereinafter - the State fee), including the State fee paid by a provider of the universal postal service which is paid thereby also for the universal postal service provided, and the funds from the State budget granted for this purpose in the amount laid down in the annual State Budget Law. The amount of the State fee, the payment procedures, reliefs and exemptions from the fee shall be determined by the Cabinet. Reliefs and exemptions from the State fee shall not be applied to the provider of the universal postal service for the provision of the universal postal service.

(2) The State fee 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 fee 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 fee 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 determine the tariffs of postal services.

(2) A provider of the universal postal service shall calculate tariffs of the universal postal service in accordance with the methodology for calculation of tariffs laid down by the Regulator.

(3) The Regulator shall approve tariffs of 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 on the delivery of which a postal operator has entered into an agreement 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 co-ordinate tariff reductions of 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 shall not be lower than costs.

(2) A provider of the universal postal service may apply special tariffs for 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, which has been imposed the obligation to provide the universal postal service.

[21 March 2013 / The Section shall be in force until 31 December 2019. 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 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 cases where such information is necessary for the competent State authorities in order to perform 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 authorities, as well as to State or local authorities and officials if such postal items are items related to the postal service sent by authorities 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 regarding the reason for 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 such postal operator shall be financially liable to a person, to which the postal item was handed over by the sender. 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 caused to 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. Sender's 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 transfer, acceptance, delivery, forwarding, and return of postal items;

3) the fee for 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 agreement 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 use of services, and also proposals for inclusion of other provisions in the agreement 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 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 a duty to comply with the requirements for indication of address when preparing a postal item.

(2) The Cabinet shall determine the procedures for 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 a duty 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 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 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]

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. By 31 December 2012, a provider of the universal postal service shall be compensated for any losses caused by the provision of delivery services of the subscribed press publications from the State budget (a lump-sum payment for the previous year) provided that the income not generated due to tariff reductions of the delivery services of subscribed press publications is not compensated.

[26 November 2009; 21 March 2013]

6. The reserved special rights of a postal operator, which provides 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 the postal operator, which provides the universal postal service, in relation to the fastest delivery class of the first weight group.

[21 March 2013]

8. Compensation of losses caused as a result of fulfilment of other universal postal service obligations (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 the universal postal service throughout the territory of the Republic of Latvia shall be provided by a postal operator which has been issued an individual licence for the provision of general postal services until the day of coming into force of this Law. Without organising the tender provided for in Section 27, Paragraph three of this Law, the Regulator shall stipulate 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 tender 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 who has been imposed the obligation to provide the universal postal service until 31 December 2012.

[21 June 2012; 21 March 2013]

11.1 After 31 December 2014 the Regulator, without applying the procedures laid down in Section 27.2 of this Law to the choice of the provider of the universal postal service, shall extend the obligations of the universal postal service for five years from 1 January 2015 to such postal operator who has been imposed the obligation to provide the universal postal service 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. Until 31 December 2019 the delivery services of the subscribed press publications throughout the territory of the Republic of Latvia shall be provided by the postal operator which until 31 December 2014 has been imposed the obligation to provide the universal postal service, and such postal operator shall be compensated from the State budget the losses which have arisen in providing the delivery services of the subscribed press publications during the time period from 1 January 2013 until 31 December 2019, provided that the income not earned due to tariff reductions of the delivery services of the subscribed press publications are not compensated. The losses which have arisen 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 postal operator providing the universal postal service shall calculate losses according to the methodology for calculation of tariffs of the universal postal service and the methodology for 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 on the basis of a calculation of the provider of the universal postal service, which is based on the operational data, compensating the losses indicated in the calculation in full amount; the second payment, compensating the remaining part of losses, shall be performed in the following 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 for 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 2019.

[21 March 2013; 8 May 2014]

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]

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 © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 04.06.2009.Entry into force: 03.07.2009.Theme:  Transport and communicationPublication: Latvijas Vēstnesis, 96, 19.06.2009.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 14, 23.07.2009.
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