Draft

Draft Official Translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT TO THE REPUBLIC OF LITHUANIA POSTAL LAW April 15, 1999, No. VIII-1141 Vilnius (as amended by October 18,

1. No. IX - 563) Article
2. New Version of the Republic of Lithuania Postal Law To amend the Postal Law of the Republic of Lithuania and to render it as follows: REPUBLIC OF LITHUANIA POSTAL LAW Article
3. Scope of the Law
4. This Law shall establish the legal basis of postal activities and regulate the relations between the providers and users of the postal services, the rights and obligations of the providers of postal services and of the liability for infringement of this Law.
5. The diplomatic post shall not be subject to this Law. Article
6. Main Definitions of this Law
7. Persons - means natural and legal persons.
8. Sending by post means provision of postal services through the postal network;
9. Postal network means the system of organising the postal activities, which is used by the provider of the postal services in the clearance, sorting, transportation and delivery of postal and documentation items, which have been sent, to the indicated address.
10. Provider of postal services means a legal person who, according to a license issued by the Government or its authorised institution may provide postal (domestic, international) and courier postal services through his own or other persons’ postal network.
11. Public post means a state enterprise, providing universal, courier, postal and other services and capable of paying (delivering) pensions, benefits and other payments throughout the entire state territory and of dispatching postal items, documents, consigned dispatches and postal orders to foreign countries.
12. Postal services mean the clearance (acceptance), sorting, transport and delivery (conveying) of postal items, documents, consigned shipments and postal money orders through the postal network.
13. Domestic postal services mean the clearance (acceptance), sorting, transport and delivery of postal items, documents, and postal money orders within the Republic of Lithuania through the postal network.
14. International postal services mean sending postal items, documents, consigned shipments and postal money orders from and to the Republic of Lithuania through the postal network.
15. Postal courier services means speedy services whereby the postal item and document dispatches are collected from the senders and delivered to the receivers by a courier or by other means in accordance with the procedure set by the postal service provider.
16. Universal postal services means postal services (except courier postal services) which include the clearance, sorting, transport and delivery of postal correspondence, less than 2 kg in weight, postal parcels not in excess of 10 kg in weight and also provision of services, which are stipulated for registered and insured postal dispatches.
17. Reserved postal services means a part of universal postal services (except postal courier services), which includes the clearance, transporting, distributing and delivery of postal correspondence of up to 350 g. These services are rendered in applying the rates set by the Government or an institution authorised by it.
18. User of postal services means a sender or a receiver.
19. Receiver means a person to whom the provider of postal services must deliver or present a postal item, documents, consigned item and postal money order.
20. Sender means a person who turns over to or entrusts the provider of postal services to deliver (convey, pay) the specified receiver a postal item, document, consigned item, postal money order sent by a sender.
21. Licence means a document issued by the Government or an institution authorised by it, granting the right to provide postal (domestic, international, universal) and courier postal services.
22. Postal money order means money order by post.
23. Documents item means a dispatch, comprised of information in any medium, sent by placing it in an envelope or durable packaging and marking it with a special mark.
24. Cash-on-delivery postal Item means an item handed to the receiver, when he pays to the provider of postal services, the sum of money specified by the sender.
25. Insured postal item means an item the value of which has been determined by the sender.
26. Postal item means postal correspondence, postal advertisement item and postal parcels.
27. Postal correspondence means letters sent, postcards (open letters), printed matter, small packets, literature for the blind and aerogrammes sent by post.
28. Letter means postal correspondence, which is comprised of a notification, business note, enclosed in an envelope.
29. Postcard (open letter) means postal correspondence, comprised of a small page (often with pictures) for letter, sent without an envelope.
30. Printed matter means postal correspondence, which is comprised of a printed publication, sent in an envelope or enclosed in other enclosure.
31. Small packet means postal correspondence comprised of objects, which are enclosed in a sturdy, specially marked enclosure.
32. Literature for the blind means postal correspondence, which is comprised of a written communication, a cliché or a publication for the blind executed in Braille as well as audio cassettes and special paper intended for the blind sent in an envelope or enclosed in a different enclosure which is specially marked.
33. Aerogramme means postal correspondence, which is comprised of a single sheet that is folded and sealed like an envelope and sent by airmail.
34. Postal advertisement item means a postal item, comprised of a communication of exclusively one type of advertisement, commercial or publicly announced contents addressed to a large number of receivers by one sender.
35. Postal parcel means a postal item comprised of objects sent in a sturdy package.
36. Consigned item means an item sent through the postal network which is comprised of a grouped batch of international postal items, from one sender, marked with a special mark, whose customs formalities are carried out simultaneously by a supplier of services and only subsequently to that, the items comprising the batch are to be delivered to the specific receivers.
37. Service of pension, benefits, and other payments delivery and payment means a service, which may be provided by the State post office, delivering and paying out payments to addresses, according to the agreements drawn up with the local administration departments of the State Social Insurance Fund.
38. Philatelic production means mint and cancelled, postage stamps, in and out of circulation stamps of the Republic of Lithuania and other countries, analogous postcards (cartes maximes), envelopes and postcards (open letters), bearing the date or occasional seal as well as albums or files containing sets of postage stamps.
39. Postage prepayment impressions means circulating postage stamps of the Republic of Lithuania, souvenir sheets, sealed envelopes and postcards (open letters) and stamped aerogrammes, stamps of franking machines and special postage imprints approved by the public post. Article
40. Legal Framework of Postal Activities Activities of the providers of postal services and the relations between them and the consumers of their services in the Republic of Lithuania shall be regulated by this Law, other laws, resolutions of the Government, other legal acts, the Detailed Regulations of the Universal Postal Union, the Postal Union Convention and international agreements to which the Republic of Lithuania is a party. Article
41. Public Administration of Postal Activities 1.The State policy in the postal sphere shall be formed and implemented by the Government or by an institution authorised by it. The Government or an institution authorised by it shall: 1) determine the procedure of issuing licences to the providers of postal services; 2) issue licences to the providers of postal services in accordance with the procedure provided by the Government or an institution authorised by it; 3.) draft and approve the Postal Regulations and other legal acts, which regulate the provision of postal services and postal activities; 4) establish the procedure of cost accounting for the providers of universal postal services; 5) upon the declaration of martial law or state of emergency, in cases of major disasters and natural calamities, issue special legal acts obligatory to the providers of postal services; 6) establish the procedure and accounting of postage prepayment impressions: 7) ensure correspondence of the development of universal postal services to the technical progress and consumer needs; 8) co-operate with the postal institutions of foreign states and represent within the scope of its competence the Republic of Lithuania in foreign organisations; 9) fulfil other obligations provided for in the legal acts regulating postal activities.
42. The Service of Communications Regulation under the Government of the Republic of Lithuania shall: 1) establish the main features of the postal network and quality requirements (standards) of postal services for the providers of universal postal services; 2) implement the supervision of adherence to the licence requirements for postal activities; 3) examine the disputes arising between the providers of universal postal services and users thereof; 4) implement control of rate application to universal postal services; 5) co-operate with the institutions of postal activity administration of other states and represent the Republic of Lithuania in international organisations within the scope of its competence; 6) fulfil other functions established by the Laws of the Republic of Lithuania and other legal acts. Article
43. Provision of Postal Services The public post and other providers of postal services shall have the right to clear, distribute, transport and deliver postal and document items and postal money orders, and to provide courier post services only upon obtaining a licence, and also to provide other services which are not directly associated with the provision of postal services, if this is not prohibited by other laws. Article
44. Obligations and Rights of the Public Post Related to the Provision of Universal Postal Services
45. The provision of universal postal services shall be an obligation of the public post.
46. While providing universal postal services and taking into account the needs of the users of the postal services, the public post shall ensure: 1) that the universal postal services would be provided uninterruptedly, except for the cases of insurmountable force (force majeure), without any discrimination to all postal service users, on equal terms, every business day, at least five days a week, throughout the entire territory of the country; 2) that the users of these services would be provided comprehensive and constantly updated information concerning the universal postal services, opportunities to use them, their costs and standards of quality. 3) a separate financial accounting of each postal service which is attributed to universal postal services and those that are not. Managing the account of those services that are not attributed to universal postal services, the part of those services which is attributed to universal services financial account must be calculated separately. Such internal accounting must be managed on the basis of the objectively-founded principles of cost accounting applicable to it; 4) the providing of other universal postal services established by the Government or an institution authorised by it; 5) the siting of letter boxes in public places for the collection of letters, postcards (open letters) and aerogrammes; 6) issuing postage prepayment impressions and withdrawing them from use.
47. The public post shall establish the marking means for the services provided, use them themselves and let others use and distribute them.
48. The public post shall have the right to have a seal bearing the State Emblem of Lithuania and its name. The post may use the State Emblem of Lithuania on signboards, postage stamps and document forms. Article
49. Income of the Public Post
50. The income of the public post shall consist of the income obtained from the provision of universal, courier and postal and other services and from the sale of postage prepayment impressions and philatelic production. Article
51. Postal and Other Service Rates
52. The government shall establish the highest rates of universal post services. The maximum rate set by the Government of universal post services must be at least equal to the expenses of postal services. The maximum rates set by the Government for the public post must not be less than the prices of the provided postal services. Should the Government set a maximum rate for universal postal services to be less than the prices of postal services, the difference between the rate and the prices shall be covered from the funds designated in the State Budget.
53. Other providers of postal services, who hold a licence to provide postal services, must provide reserved postal services applying no less than a rate 5 times higher, than the one set for the public post.
54. The provider of postal services shall set the actual rates set for universal, postal and other services or they shall be set in contracts with the users of postal services.
55. The provider of postal services shall establish the specific rates of universal, postal and other services or that shall be set in the contracts with postal services users. Article
56. Principles of Establishment of Universal Postal Service Rates
57. The rates of the universal postal services shall be set based upon the following principle: the rates must be accessible for the users of postal services.
58. The application of uniform rates to universal postal services must not limit the right of the universal postal service provider to conclude individual contract with customers of postal services, on the rates of universal postal services, which would not exceed the amounts set by the Government. Article
59. Articles Prohibited from Being Sent in Postal Items and Parcels
60. It shall be prohibited to send the articles in postal items or parcels the import or use whereof is prohibited in the country receiving the postal item or parcel.
61. Should it be established that the accepted postal item or document parcel contains some articles the sending whereof is prohibited by legal acts, they shall be confiscated according to the circumstances and procedure established by law.
62. If a postal item or document parcel, the sending whereof is prohibited, has been confiscated according to the established circumstances and procedure, the sender shall be immediately notified of this. The notice shall contain a list of the confiscated articles. Article
63. Inspection and Confidentiality of Postal Items and Parcels 1.Postal service providers must guarantee the senders’ confidentiality of correspondence, except in instances stipulated by laws.
64. The employee of a postal service provider accepting a postal item or document parcel may check, for the presence in it of the articles the sending whereof is prohibited and this being the case, to refuse to accept such items.
65. Officers of the State institutions may obtain information about the consumers of the postal services, inspect postal items, parcels, check or otherwise control articles being sent and seize them only in accordance with the circumstances and procedure established by laws. In providing postal courier services, the providers of postal services may inspect and check postal items and parcels if this is stipulated in individual contracts with the customers of postal services.
66. Providers of postal services shall be prohibited from providing or creating conditions for unauthorised persons to obtain all of the information regarding the use of postal services by other persons or to create the conditions for obtaining such information. Article
67. Conveyance of Postal Items and Parcels
68. Postal items and parcels shall be conveyed by the means of transportation belonging to postal services providers or other carriers, with whom contracts have been drawn up. The liability of the transporters for failure to protect (loss, damage, missing articles in them) of postal item and document parcel shall be stipulated in conveyance contracts based upon laws and international agreements of the Republic of Lithuania.
69. The means of transportation conveying postal items and parcels, as well as the persons accompanying them shall be allowed to cross the State frontier control points and to use permanent or temporary sea, river, channel, and other water basin ferry service out of turn. Article
70. Acceptance and Delivery of Postal Items and Parcels in providing Universal Postal Services
71. The procedure of providing universal postal services shall be regulated by the Postal Regulations. Other postal services shall be provided in accordance with the procedure established in the agreements concluded with the consumers of the services or by the provider of services.
72. A postal item or parcel shall be delivered (conveyed to) to the receiver specified by the sender or to a person authorised by the receiver. A postal item or parcel addressed to a person at his place of employment or studies, a hostel, a place of military service, a hospital, a sanatorium, a camp, or a place of imprisonment, shall be delivered (conveyed) to the administration of such an institution or to the persons authorised by it.
73. Postal items and parcels which are impossible to deliver (to convey) to the receiver or return to the sender (when the sender (receiver) refuses to accept a postal item or parcel, or if the receiver (the sender) does not reside at the specified address, etc., the undelivered (not conveyed) postal item or parcel shall be deemed an ownerless article and shall be given over into the possession of the State in accordance with the procedure prescribed by the Civil Code.
74. Providers of postal services shall place the postal items in the letterboxes. Should it not be possible to place the postal items into the letterboxes, the provider of postal services shall notify the receiver thereof.
75. Usually, letterboxes shall be sited on the ground floor of each stairwell of owners of multi-apartment buildings, associations, enterprises, institutions and organisations and at the main entrances (roads) of gardeners’ associations. Owners of private houses shall site the letterboxes at the entrances to their plots of land or near the walls of the houses, fences and stands adjacent to the street. These letterboxes must be easily accessible from the street or roads, sidewalks and side roads.
76. Providers of postal services may site blocks of letterboxes in private home areas. Such blocks shall be sited by the pavements or by the sidewalks or roadsides situated no further than 300 m in cities and no further than 500 m from the place of residence of the receivers of postal items in rural areas.
77. In cases where letterboxes are not sited, postal items shall not be delivered to the receivers. The receivers must collect postal items at locations indicated by their postal service providers. Article
78. Free Sending of Postal Items and Parcels The public post shall cover the costs of sending literature for the blind and the postal correspondence of the prisoners of war and internees. Article
79. Submitting Claims
80. The sender may file a claim for damages in the event of loss of a postal item or parcel, deficiency, disappearance or spoiling of the articles contained therein, to the postal services provider for a postal item or parcel sent domestically, within six months, or one sent abroad, for 1 year from the day of dispatching thereof.
81. Claims submitted after the expiration of the term stipulated in paragraph 1 of this Article shall not be examined. Article
82. Civil Liability of the Providers of Postal Services 1.The providers of postal services shall be liable for lost, damaged postal items and packages (from their acceptance until delivery to the receiver) in accordance with the procedure and amounts stipulated by this Law, unless it shall be provided otherwise in the agreements between postal service providers and the postal service consumers.
83. The providers of postal services shall not be liable for: 1) the postal items and packages, which, by the decision by State institutions, shall be transferred to the property of the State or seized, in accordance with the procedure established by laws; 2) such lost articles the sending whereof in postal items and parcels is prohibited. Article
84. Amount and Procedure of Damage Compensation
85. In the event that a postal parcel is lost or damaged, there are deficient articles therein or they have been spoilt through the fault of the provider of postal services, who has provided the postal services (except for courier postal services), he shall compensate: 1) for the loss of a registered postal item or parcel which the sender has not insured the value of and also, when all articles contained therein have been damaged, double the sum of the dispatch thereof; 2) for a portion of the lost or damaged articles in a registered postal correspondence or in an ordinary postal parcel, a sum equivalent to the value of the articles lost (damaged) in a postal item, however not in excess of the sum indicated in item 2 of paragraph 1 of this Law; 3) for a lost, insured postal item, a sum equivalent to that of double of the dispatch expenses, and the insurance sum; 4) for a part of the lost or damaged articles in an insured postal parcel with a description of the items, a sum equal to double the sum of the dispatch thereof and the indicated value of the lost or damaged article, but not exceeding the total insurance of the postal item; 5) for a part of the lost or damaged articles in an insured parcel without an itemised list of articles, the sum equivalent to double of the dispatch expenses and the value of the lost articles, but not to exceed the insurance of the postal parcel; 6) for postal item and parcel loss and damage while providing postal courier services in accordance with the procedure established by the provider of postal services.
86. In the event when the receiver of the postal item fails to pay the COD charges due to the fault of the public post, the public post shall pay the sender the COD amount stipulated by him.
87. In the case of an unpaid postal money order (it was impossible to pay the sum of money sent to the receiver), the public post shall refund the money to the sender.
88. For unpaid pension, assistance and other payment, due to the fault of the public post, the public post shall compensate the damage to the receiver according to the procedure established in agreements drawn up with the local departments of the State Social Insurance Fund and paying the specified amount of the unpaid sum.
89. The public post shall compensate the sender the double the sum of the dispatch charge, if a registered postal item or parcel is returned to the sender through the fault of the public post.
90. For a returned postal item and postal parcel, due to the fault of the postal services the damage shall be compensated to the sender, according to the procedure established by the agreement drawn up between the postal services provider and consumer.
91. Upon receipt of a claim filed according to the terms and procedure established by this Law, the postal service provider shall pay compensation for the damage as follows: 1) for a postal item or a parcel sent domestically - within a month from the filing date of the claim; 2) for a postal item or parcel sent abroad – within three months from the filing date of the claim.
92. The postal service provider shall not pay compensation for the damage: 1) in the event of force majeure circumstances during the dispatching of postal items and parcels, which has resulted in the loss of the postal item or parcel, a deficiency of the articles contained therein, or spoiling thereof, it is impossible to establish what had happened to the postal item or parcel concerned because the accompanying official documents, relevant as proof have been destroyed, and the fault of the postal service providers cannot be proven otherwise; 2) if the damage has been caused through the fault of the sender who has violated the requirements of the postal service provider with regard to the packaging or packing of items and regarding the specific properties of the article being dispatched; 3) if the postal item or parcel, the articles or a part thereof contained, as well as the money enclosed have been seized in the cases and in accordance with the procedure stipulated by the laws and other legal acts of the country of origin or destination; 4) upon the delivery to the receiver of the registered correspondence or parcel, the package (tare) thereof, the impression of the post office of origin, the label bearing a special stamp, the adhesive tape, the seal or the tying string have not been damaged and the weight of the postal correspondence or parcel corresponds to that which has been indicated;. 5) if the receiver has accepted the postal item and has signed for reception thereof according to the procedure established by the Postal Regulations, approved by the Government of the Republic of Lithuania or an institution authorised by it; 6) if the postal item, parcel were not received due to the fault of the person who had been authorised by the receiver to pick it up; 7) if the postal item, parcel is lost or damaged in a country where there exists no provision for any compensation thereof. Article
93. Liability for Violations of the Postal Law Persons who are in violation of this Law shall be administratively and criminally liable in accordance with the procedure established by laws. Article
94. Dispute Settlement The disputes between postal service providers and receivers of services shall be resolved in accordance with the procedure established by laws. Article
95. Coming into Force of the Law This Law shall come into force from January 1,
96. Invoking Paragraph Two of Article 71 of the Constitution of the Republic of Lithuania, I promulgate this Law passed by the Seimas of the Republic of Lithuania. CHAIRMAN OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ARTŪRAS PAULAUSKAS