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Poland Translated Law

The document outlines the Postal Law of Poland, detailing the regulations for conducting postal services, including definitions of postal activities, services, and operators. It specifies the conditions for compliance with European Union regulations and the requirements for businesses to operate in the postal sector. Additionally, it establishes the authority responsible for overseeing postal activities and the registration process for postal operators.

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0% found this document useful (0 votes)
0 views88 pages

Poland Translated Law

The document outlines the Postal Law of Poland, detailing the regulations for conducting postal services, including definitions of postal activities, services, and operators. It specifies the conditions for compliance with European Union regulations and the requirements for businesses to operate in the postal sector. Additionally, it establishes the authority responsible for overseeing postal activities and the registration process for postal operators.

Uploaded by

Sujeet Jha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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©Chancellery of the Sejm s. 1/88

Journal Laws of 2012, item 1529

Prepared on the
basis of: i.e
ACT Journal Laws of
2023, item 1640, of
2024, item 467.
of November 23, 2012

Postal law1)

Chapter 1

General Regulations

Art. 1. 1. The Act specifies the rules for conducting business activities
consisting in the provision of postal services in domestic traffic or
foreign, hereinafter referred to as "postal activities".
2. The Act also specifies the conditions for performing duties
information resulting from regulations of the European Parliament and of the Council
(EU) 2018/644 of 18 April 2018 on cross-border services
parcel delivery (OJ EU L 112 of 02/05/2018, p. 19), hereinafter referred to as
"Regulation 2018/644", and fines for non-compliance.

Art. 2. 1. A postal service is a service performed in domestic traffic or


abroad, earning:
1) acceptance, sorting and delivery carried out jointly or separately
postal items and unaddressed forms;
2) movement of postal items and unaddressed forms, if any
is performed together with at least one of the activities referred to
referred to in point 1;

1) This Act implements, within the scope of its regulations, 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 the quality of services (OJ L 15, 21/01/1998, p. 14, as amended;
Journal of Laws, Polish Special Edition, vol. 3, p. 71, as amended).

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3) sending postal items using means of communication


electronically, if at the stage of acceptance, transport or delivery
information transfer, they take the physical form of a letter;
4) running exchange points enabling acceptance and exchange
correspondence between entities using these points;
5) processing postal orders.
2. Does not constitute a postal service:

1) movement and delivery of own parcels, if performed without


participation of third parties;

2) transport of items other than correspondence, performed on the basis of


separate regulations;
3) mutual free exchange of correspondence carried out by
exchanging entities;
4) receiving, sorting, moving and delivering parcels by
special mail of the minister responsible for internal affairs;
5) receiving, sorting, moving and delivering parcels by
military field mail.

Article 3. The terms used in the Act mean:


1) address – designation of the place of delivery of the postal item or amount
money specified in the postal order indicated by the sender
or marking the place of their return to the sender;
2) addressee – entity indicated by the sender as the recipient of the shipment
postal order or the amount of money specified in the postal order;
3) postal agent – an entrepreneur acting as an intermediary for the operator
postal service in concluding contracts with senders for the provision of services
postal items or containing them on behalf of the postal operator;
4) delivery – delivery of a postal item or payment of a sum of money
specified in the postal order to the addressee, and in specified cases
law also to another person, or forwarding an unaddressed form in accordance with

with a contract for the provision of postal services;

5) printed form – a postal item containing written or graphic information,


reproduced by printing or similar techniques, fixed on

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paper or other material used in printing, including a book,


catalogue, journal or magazine;
6) unaddressed form – information without the recipient's name and address
written or graphic, reproduced by printing techniques or
similar, recorded on paper or other used material
in printing, including a book, catalogue, journal or magazine;
7) international postal regulations - agreements binding on the Republic of Poland
international regulations relating to the provision of postal services and the
binding regulations of the Universal Postal Union;
8) posting – an order to deliver a postal item or an amount of money
specified in the postal order and sending an unaddressed form
in accordance with the contract for the provision of postal services;

9) poste restante - order to deliver a postal item or


paying the addressee the amount of money specified in the postal order
at the post office indicated by the sender as the place of delivery;
10) sender – an entity that has concluded an agreement with the postal operator
for the provision of postal services;

11) bulk sender - a sender sending postal items on the basis of


contract for the provision of postal services concluded in writing, from
when the number of items of a given type in a given type is exceeded
calendar year, excluding entities included in the sector
public finances within the meaning of the Act of 27 August 2009 on public
finances (Journal of Laws of 2022, item 1634, as amended2) ),
public utility companies to which the regulations apply
Act of 25 September 1981 on state-owned enterprises
(Journal of Laws of 2023, item 437), and the state utility company
public – "Radioactive Waste Disposal Facility";
12) postal operator – an entrepreneur authorized to perform
postal activity, based on entry in the register of operators
postal;

2) Changes to the uniform text of the said Act were announced in the Journal of Laws Laws of 2022, item 1692,
1725, 1747, 1768, 1964 and 2414 and from 2023, item 412, 497, 658, 803 and 1059.

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13) designated operator – the postal operator obliged to provide services


universal services;
14) postal parcel - a registered item that is not a letter item,
with a weight of up to 20,000 g and total dimensions (length, width, height)
not exceeding 3000 mm, but the longest dimension may not
exceed 1500 mm;
15) post office – an organizational unit of the postal operator or
postal agent where a service contract can be concluded
postal service or which delivers postal items or amounts to the addressees
cash specified in postal orders, or other separate ones
and a place marked by the postal operator where it can be concluded
contract for the provision of postal services or pick up a postal item or
the amount of money specified in the postal order;
16) postal order - an order to deliver a specified amount to the addressee
money by the postal operator;
17) transportation – transportation of postal items and unaddressed forms
and postal orders using any means
transport;
18) parcel for the blind - a parcel with correspondence or a form, weighing
up to 7000 g, in which the information is recorded in convex writing or on
another medium accessible for reading by the blind or visually impaired,
sent in a way that allows checking the content;
19) courier item - a letter item that is a registered item or
postal parcel, received, sorted, moved and delivered
in a way that collectively ensures:
a) registration of the day and time of sending the postal item,
b) tracking the postal shipment from the moment of posting to the moment
delivery,
c) delivery of the postal item within the guaranteed specified date
in the regulations for the provision of postal services or in contracts
for the provision of postal services,
d) delivery of the postal item to the addressee or person authorized to do so
collection at the place specified by the sender or agreed upon

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with the addressee, in a way that ensures registration of the day and time
delivery of postal items;
20) letter - a postal item with correspondence or a printed form,
excluding advertising mail;
21) postal item - an item bearing the addressee's name and address,
submitted for acceptance or accepted by the postal operator for the purpose of
transportation and delivery to the addressee;

22) registered item - a letter item that is a registered item,


transported and delivered in a way that protects it against loss,
loss of contents or damage;
23) registered item – a postal item accepted against receipt
acceptance and delivered against receipt;
24) advertising item - an unregistered postal item containing
only advertising, marketing or promotional material sent
to at least 50 recipients at a time, with identical content
and identical content, differing only in the name of the addressee, address or
other variable data that does not change the transmitted content
information;

25) item of correspondence - a postal item that is not a printed form,


containing information recorded on any medium, including fixed information
in convex writing;
26) shipment with declared value – registered shipment for which
loss, loss of content or damage is borne by the postal operator
liability up to the value of the shipment provided by the sender;
27) regulatory accounting – special in relation to accounting
conducted pursuant to the provisions of the Act of September 29, 1994
on accounting (Journal of Laws of 2023, items 120 and 295) type of accounting
conducted by the operator designated in accordance with the approved one
financial year by the President of the Office of Electronic Communications in an instruction

regulatory accounting;
28) processing a postal order - accepting a postal order, its
transportation or sending and delivery to the addressee specified therein
amount of money;

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29) postal network - a system for organizing the provision of postal services
and all types of resources used by the designated operator,
in particular for the purpose of:

a) accepting postal items subject to the obligation


provision of universal services from devices in which shipments are carried out

postal mail may be sent, in particular from outboxes


postal,
b) sorting and grouping covered postal items
obligation to provide universal services according to their address
in order to move them from the place of origin to the post office
appropriate for their delivery,
c) delivery of postal items subject to the obligation to provide services
universal services to the addresses indicated on these parcels;
30) services falling within the scope of universal services - postal services
including letter items and postal parcels, weight and dimensions
specified for universal services, and shipments for the blind,
not provided by the operator designated under the obligation
provision of universal services; to services included in the scope of services
universal postal services do not include:
receiving, sorting, moving and delivering parcels
courier services.

Article 4. The following provisions apply to the provision of postal services in cross-border traffic

provisions of the Act, unless international regulations provide otherwise.

Art. 5. Tasks related to postal activities specified for management boards


postal or postal administrations in international regulations
postal services are performed by the designated operator.

Chapter 2

Authorization to perform postal activities

Art. 6. 1. Postal activity is a regulated activity within the meaning of


provisions of the Act of March 6, 2018 - Entrepreneurs' Law (Journal of Laws of 2023
r. item 221, 641 and 803) and requires entry in the register of postal operators,
hereinafter referred to as the "register".

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2. Postal activities consisting in:


receiving, sorting, moving and delivering unaddressed forms.
3. The activity performed by an agent does not require entry in the register
postal on the basis of an agency agreement concluded with the postal operator.
4. Postal activities performed by postal activities do not require entry into the register

subcontractor on behalf of the postal operator under a concluded contract


in writing.
5. Temporary provision of postal services other than universal services
by entrepreneurs from Member States within the meaning of Art. 3 point 6 of the Act
of March 6, 2018 on the rules of participation of foreign entrepreneurs
and other foreign persons in business transactions in the territory
Republic of Poland (Journal of Laws of 2022, item 470) requires an entry in
registry. The provisions of section 2-4 apply.

Art. 7. Postal activities within the scope of the obligation to register


the register may be performed by an entrepreneur who:

1) ensures conditions for observing the postal secrecy in question


w art. 41;

2) ensures technical and organizational conditions for the provision of postal services
necessary to maintain the security of postal traffic;
3) has regulations for the provision of postal services and a price list of services
postal;
4) has not been legally convicted of an intentional crime against security
information, credibility of documents, property, business transactions,
dealing in money and securities or an intentional crime
tax – this applies to natural persons carrying out activities on their own behalf
business activity or persons managing the activities of legal persons
or organizational units that are not legal persons, which
a separate act grants legal capacity;
5) ensures that the performance of activities covered by entry in the register does not
threatens national defense, security or safety
and public order.

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Art. 8. The President of the Office is the authority competent for matters related to entry in the register

Electronic Communications, hereinafter referred to as the "President of UKE".

Article 9. 1. Entry in the register is made at the written request of the entrepreneur,

which contains:

1) the entrepreneur's company name, his/her registered office and address or place

residence and address of the main place of business

postal;

2) designation of the legal form of the entrepreneur and the number in the register

entrepreneurs in the National Court Register or in another appropriate place

register, if the entrepreneur has such a number;

3) tax identification number (NIP);

4) definition of the area where postal activities will be carried out;

5) expected date of commencement of postal operations;

6) name and surname, correspondence address and business telephone number of the person

authorized to contact the President on behalf of the entrepreneur

WEEK;

7) in the case of commercial companies:

a) names and surnames of management board members and proxies,

b) names and surnames of partners with the right to represent

companies,

c) information about the place of residence in the territory of the Republic of Poland

Polska and the PESEL number of the persons referred to in point (a). a and b,

and in the case of foreigners who do not have this number:

– information about the number of a valid travel document as defined

art. 3 point 3 of the Act of 12 December 2013 on foreigners

(Journal of Laws of 2023, items 519, 185 and 547) or other document

confirming identity and citizenship and

– information about the visa number or a copy of the confirming document

registration of stay if the foreigner stays in the territory

Polish Republic;

8) in the case of an entrepreneur who is a natural person and managers

activity of an entrepreneur who is not a commercial company - name and surname

and the information referred to in point 7(a). c.

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2. The entrepreneur shall attach to the application for entry in the register:

1) regulations for the provision of postal services;

2) price list of postal services.


3) (repealed)

3. Together with the application for entry into the register, the entrepreneur shall
submit a written declaration as follows: "Aware of criminal liability for submitting
false declaration resulting from Art. 233 § 6 of the Penal Code
I declare, that:

1) the data included in the application for entry into the register of postal operators are

complete and truthful;


2) I am aware of and meet the conditions for conducting business activity

within the scope of the obligation to be entered in the register of postal operators,
specified in the Act of November 23, 2012 - Postal Law.

4. In the declaration referred to in section 3, the entrepreneur posts


also:

1) the entrepreneur's company name, his/her registered office and address or place
residence and address of the main place of business

postal;
2) the place and date of submitting the declaration;

3) signature of the person authorized to represent the entrepreneur, with an indication


name and surname and function.

5. Application for entry in the register and the declaration referred to in section 3,
may be submitted electronically.

6. The entrepreneur is obliged to store for the period of execution


postal activity, documents necessary to demonstrate compliance with the conditions

performing activities subject to the obligation to be entered in the register.

Art. 10. 1. The postal operator is obliged to submit to the President of UKE

written notification:
1) changes in the expected date of commencement of postal operations;

2) changes in data within the scope of the application for entry in the register, within the deadline

14 days from the date of its occurrence;

3) suspension or termination of postal activities,


within 14 days from the date of suspension or termination of this activity.

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2. The notification referred to in section 1, may be submitted in the form

electronic.

Art. 10a. 1. The President of UKE issues a decision prohibiting

postal operator of postal activities covered by the entry, if:

1) the postal operator submitted the declaration referred to in Art. 9 section 3,

inconsistent with the facts;

2) the postal operator did not remove irregularities regarding the conditions

required by law to perform postal activities, referred to herein

referred to in art. 7, within the deadline set by the President of UKE;

3) finds a gross violation of the conditions by the postal operator

required by law to perform covered postal activities

entry in the register.

2. The decision referred to in section 1 shall be subject to immediate execution.

Art. 11. The President of UKE shall delete the entry from the register:

1) at the request of the postal operator;

2) ex officio in the case of:

a) confirmation of termination of business activity or

cessation of postal activities in other cases

than suspension of this activity,

b) issuing a decision prohibiting the pursuit of covered postal activities

entry in the register,

c) issuing a final court decision prohibiting execution

postal activities covered by entry in the register,

d) obtaining information from the Central Registration and Information on Business

Commercial or the National Court Register on deletion

postal operator,

e) failure by the postal operator to fulfill the information obligation,

referred to in Art. 43 section 1 or 5a, for two consecutive years.

Art. 11a. A postal operator that has been removed from the register in accordance with Art. 11

point 2 letter b, may be re-entered into the register no earlier than after the expiry

3 years from the date of issuance of the decision referred to in Art. 10a section 1.

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Art. 12. The minister responsible for communications will determine, by way of communication

regulation, the template of the application for entry in the register and the template of the notification referred to

referred to in art. 10, guided by the desire to simplify and facilitate decision-making

postal activities, as well as the need to provide the President of UKE with information

necessary to perform his duties.

Art. 13. 1. The President of UKE shall keep a register including:

1) entry number in the register, date of receipt of the application for entry in the register and date

making this entry;

2) the entrepreneur's business name, specification of his registered office and address or main address

places of postal activity;

3) designation of the legal form of the entrepreneur and number in the register

entrepreneurs or in another appropriate register and identification number

tax (Tax Identification Number);

4) information on the performance of postal activities within the scope of the service

universal services or other postal services to which it is covered

entry in the register required;

5) area of postal activity;

6) information about changes to the data referred to in points 2-5, as well as

on suspension or termination of postal activities.

2. The register is public.

2a. The President of UKE ex officio corrects an entry in the register containing obvious ones

errors or discrepancies with the actual state.

3. The register may be kept in an IT system.

4. The President of UKE shall make an entry in the register within 7 days from the date of receipt

application for entry in the register together with the declaration referred to in Art. 9 section 3.

4a. If the President of UKE does not make the entry within the deadline referred to in section 4,

and 14 days have passed since the date of receipt of the application, the entrepreneur can start

activity after prior written notification to the President of UKE. This is not the case

case when the President of UKE called on the entrepreneur to complete the application

for entry no later than within 7 days from the date of its receipt. In that

situation, the deadline referred to in the first sentence runs accordingly from the date

impact of completing the application for entry.

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4b. Art. shall apply mutatis mutandis to the application for entry into the register. 64 of the Act

of June 14, 1960 - Code of Administrative Procedure (Journal of Laws

of 2023, item 775 and 803).

4c. The President of UKE issues ex officio a certificate of entry to

registry.
5. The President of UKE shall change the data included in the register referred to
in paragraph 1 points 2-5, within 7 days from the date of reporting the change.

Chapter 3

Provision of postal services

Art. 14. Postal services are provided on the basis of:


1) contracts for the provision of postal services concluded between senders

and postal operators;


2) cooperation agreements concluded between postal operators.

Art. 15. 1. A contract for the provision of postal services is concluded


in particular by:

1) acceptance of the postal item by the postal operator


shipment and delivery;

2) posting a letter item, excluding registered items and


subject to statutory exemption from postal charges, to the sender

postal operator's mailbox;


3) acceptance of the postal order by the postal operator, except that to

accepting postal orders with insurance benefits


social benefits, including retirement and disability benefits, and assistance benefits

social welfare, as well as postal orders to rural areas is entitled


designated operator.

2. The designated operator is obliged to accept transfers


postal services with social security benefits, including pensions

and pensions, social assistance benefits, as well as postal orders


to rural areas.

Art. 16. 1. The postal operator refuses to conclude a service contract


postal service or may withdraw from the contract if:

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1) the requirements for the provision of services are not met by the sender

postal services specified in the Act or in the regulations issued thereunder

basis, as well as in the regulations for the provision of postal services;

2) the content or packaging of the postal item exposes third parties or

postal operator to the detriment;

3) on the packaging of the postal item or in the visible part of its contents

there are infringing inscriptions, images, drawings or other graphic signs

law or postage signs that do not meet the requirements specified

in the Act;

4) the postal service would be performed in whole or in part on

area not covered by entry in the register, unless the postal operator has concluded

cooperation agreement enabling the provision of services outside this area;

5) accepting or moving postal items is prohibited

based on separate regulations.

2. The postal operator may also:

1) refuse to conclude a contract for the provision of postal services if the shipment

the postal mail does not meet the conditions specified by the postal operator

required to conclude a contract;

2) withdraw from the contract for the provision of postal services if the shipment

the postal mail does not meet the conditions specified in the contract.

3. In the event of withdrawal by the postal operator for reasons

referred to in section 1 or section 2 point 2, from the contract for the provision of postal services

the accepted postal item is returned to the sender at his expense and is processed

refund of the postal service fee collected.

4. In the event of withdrawal by the postal operator for any reason

specified in section 1 point 4, from the contract for the provision of postal services concluded

in the manner referred to in Art. 15 section 1 point 2:

1) the sender is charged with the costs of returning the accepted postal item, if:

the postal operator placed information on the outgoing mailbox

about the delivery area for letter items dropped into a box, if any

this area is limited;

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2) the collected postal service fee is refundable if the operator


the postal service did not place information on the outgoing mailbox about which
referred to in point 1.

5. The provisions of Art. shall apply accordingly to the return of a postal item. 31–
33.

Art. 17. Confirmation of sending a registered item or money order


postal address issued by the designated operator and a printout of the confirmation
sending a registered mail or postal order collected independently
from the designated operator's ICT system used for broadcasting
registered postal items or postal orders have force
official documents.

Art. 18. 1. The sender may, before delivering a registered item or


the amount of money specified in the postal order:
1) withdraw from the contract for the provision of postal services;

2) request a change of the addressee, his address or the place of delivery of the shipment.

2. The postal operator that concluded a service provision agreement with the sender

postal service, may require the sender to pay fees for the activities performed
in connection with the sender's withdrawal from this contract or implementation of changes,

referred to in section 1 point 2.

Art. 19. 1. Postal operator providing postal services on the basis of


contracts for the provision of postal services concluded in the manner referred to
in art. 15 section 1 point 2, is obliged to be placed on those installed by
each other outboxes of information enabling his
identification.
2. The minister responsible for communications will determine, by way of regulation,

requirements that mailboxes should meet, bearing in mind:


taking into account ensuring access to outgoing mailboxes and to
information about the limited delivery area for dropped letter items
to outboxes.

Art. 20. 1. Postal operator who has concluded a service contract with the sender
postal service, is obliged to mark the accepted postal item

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information confirming his acceptance of the fee for the postal service or
method of payment and enabling its identification.
2. From the obligation referred to in section 1, regarding information
enabling the identification of the postal operator, the operator is exempt
designated if the postage was paid for with a postage stamp.

Art. 21. 1. Postal operator, subject to Art. 49, is specified in the regulations
provision of postal services or in contracts for the provision of postal services
conditions for the provision and use of postal services under contracts
for the provision of postal services.
2. The regulations for the provision of postal services specify in particular:
1) catalog of postal services provided;
2) general conditions for the provision of postal services;

3) rules for providing postal services, including acceptance conditions


and delivery of postal items;
4) list of objects and substances that cannot constitute content
postal shipment;
5) information regarding the guaranteed quality of postal services, incl
deadlines for their implementation, if the postal operator provides the service
with a guaranteed delivery date;
6) the circumstances of recognizing the postal service as not performed or improperly performed

made;
7) procedure to be followed in the event of non-performance or improper performance
provision of postal services;
8) deadlines after which a postal item is considered undelivered
lost;

9) the rights of the sender or addressee in the event of loss or loss of content
damage to the postal item and failure to provide the postal service
maintaining guaranteed quality;
10) rules, procedure and deadlines for submitting and considering complaints, including the rules

awarding compensation;
11) amount of compensation for loss, loss of contents or damage
postal shipment or performance of a service in violation of the guaranteed one
delivery deadline, if such a deadline was provided for in the regulations;

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12) mode and manner of payment of compensation;

13) scope and forms of conducting out-of-court proceedings

resolving consumer disputes.

3. Postal operator providing services included in the scope of services

universal services are additionally specified in the regulations for the provision of postal services

or in contracts for the provision of postal services, when required

these contracts, the way of arranging the addressee, address and information

about postage and other markings on the address page of a letter item

in accordance with the regulations issued pursuant to Art. 47.

4. The postal operator shall specify in the regulations for the provision of postal services

method of fulfilling the obligation specified in Art. 10 section 3 of the regulation

Commission Delegated (EU) 2019/2122 of 10 October 2019

supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council

for certain categories of animals and goods exempt from control

official at border control posts and in relation to certain

inspection of passengers' personal luggage and small consignments of goods sent to

natural persons and not intended to be placed on the market and

amending Commission Regulation (EU) No 142/2011 (OJ EU L 321 of 12/12/2019, p. 45, as

amended3) ).

5. The postal operator is obliged to make available the regulations for the provision of services

postal services at every post office and on its website.

6. If it results from the characteristics of the contract for the provision of postal services

the regulations for the provision of postal services constitute a free attachment to

contracts.

Art. 22. 1. Postal operator, subject to Art. 57, determines the amount and

method of paying fees for postal services provided under contracts

for the provision of postal services. The amount of fees may depend in particular on

in particular on the type, weight or delivery dates of the postal item.

3) Amendments to the above-mentioned regulation were announced in the Journal of Laws Device EU L 427, 30/11/2021, p.
149 and Journal of Laws Device EU L 154 of 07/06/2022, p. 23.

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2. The amount and method of payment of the fees referred to in section 1, it is

determined in the postal service price list or in the service provision agreement

postal. Provisions of Art. 21 section 5 and 6 shall apply accordingly.

Art. 23. 1. The postal operator may use its own signs for

confirmation of payment for the postal service containing information enabling

identification of the postal operator and:

1) information about the amount of the postal service fee written in numbers

Arabic or Latin letters, hereinafter referred to as "toll signs".

"postal";

2) contracts for the provision of postal services, hereinafter referred to as "designations".

2. Signs used to confirm payment for postal services

services provided by the designated operator are:

1) postage stamps issued by the operator designated as

stand-alone signs with an inscription containing used in any

case, the words: "Poland" or "Rzeczpospolita Polska", hereinafter referred to as

"postage stamps";

2) postage signs other than postage stamps, specified by the operator

designated;

3) markings specified by the designated operator.

3. Specimen of postage signs, excluding the signs referred to

in paragraph 2, shall be reported to the President of UKE, who shall keep a list thereof. List

postage stamps is public.

4. The President of UKE refuses, by way of a decision, to place a sample fee sign

postal in the list referred to in section 3 if:

1) the inscriptions, images or other graphic signs contained in the sign infringe the goods

subject to legal protection;

2) the sign has an inscription containing the words referred to in section 2

point 1;

3) the sign does not meet the requirements specified in the Act.

5. Use of the postage mark covered by the decision in question

in paragraph 4, is prohibited.

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6. Postage stamps are entitled to the protection provided for in the Act of June 6,

1997 - Penal Code (Journal of Laws of 2022, item 1138, as amended4) for

official signs of value, and other signs and markings used

to confirm payment for the postal service, protection provided for by law

of this Code for documents.

Art. 24. 1. The designated operator has the exclusive broadcasting right

and, subject to Art. 25 section 5, withdrawal from circulation:

1) postage stamps;

2) postcards in the form of single cards made of stiff material

paper with a postage mark printed on it and an inscription

containing the words referred to in Art. 23 section 2 point 1;

3) envelopes with a printed postage mark and an inscription

containing the words referred to in Art. 23 section 2 point 1.

2. The designated operator is obliged to issue postage stamps

in accordance with the postage stamp issue plan referred to in section 7.

3. Natural persons and legal entities have the right to report to the operator

designated topics for the postage stamp issue plan by date

June 30 each year, two years in advance of the deadline,

referred to in section 6.

4. The designated operator considers the reported topics and selects from them

those recommended to the minister responsible for communications as elements

components of the postage stamp issue plan for a given year, taking into account:

in particular anniversaries of significant events occurring in a given year and

your operational needs.

5. The designated operator prepares:

1) a list of proposals for topics submitted to the stamp issue plan

postal items for a given year;

2) a list of recommended topics including the number of presentations

each of the topics, the order in which they were introduced into circulation and information

about verifying the validity of the reported topics, along with justification

4) Changes to the uniform text of the said Act were announced in the Journal of Laws Laws of 2022, item 1726,
1855, 2339 and 2600 and from 2023, item 289, 818 and 852.

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selection of recommended topics and reasons for not including them

other topics in the list.

6. The statements referred to in section 5, the designated operator shall submit

to the minister responsible for communications no later than January 31 of the year

preceding the year in which the plan for issuing postage stamps will be

was in force.

7. The minister responsible for communications shall determine, by way of a decision,

by March 31 of the year preceding the year in which the plan will be available

there was a plan for issuing postage stamps for a given year, specifying the topics

stamps, the order in which they were put into circulation and the number of presentations of each

from topics. The postage stamp issue plan may be changed.

8. The designated operator shall immediately provide a plan for issuing stamps

postal information for a given year made publicly available on their websites

websites and at least one national daily newspaper.

Art. 25. 1. In the event of a change of the designated operator, the new operator

the obligated person is appointed, within 30 days from the date of issuance of the decision on his/her performance

designation, submit a summary to the minister responsible for communications

topics for the first plan of postage stamp issue, taking into account

anniversaries of significant events included in the stamp issue plan

postal services of the current operator designated for the current year or

next and your own operational needs, as well as the order of entry

stamps for circulation, the number of presentations of each topic and the time

validity of the plan.

2. The minister responsible for communications, within 30 days from the date

receipt of the statement referred to in section 1, determines, by way of a decision,

the first plan for issuing postage stamps of the new designated operator

specifying the subject of the stamps, the order in which they were put into circulation, and their number

presentation of each topic and the duration of this plan. Down

of the first plan of postage stamp issue, Art. 24 section 8.

3. The current designated operator shall transfer it to the new operator

designated, immediately at his request, the topics referred to in Art. 24

paragraph 3, reported for the following years.

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4. The new designated operator may, until the day preceding the day from
which the postage stamp issue plan referred to will apply
in paragraph 2, issue postage stamps in accordance with the stamp issue plan
postal in force in the year in which it was designated, if
the current designated operator, in an agreement concluded in writing,
transferred to him his rights related to the issue of postage stamps in accordance with
with this plan.
5. The current designated operator withdraws unused ones from circulation
during the period of its designation, postage stamps, postcards and envelopes,
referred to in Art. 24 section 1, immediately after the date on which the deadline expired,

for which he was appointed.

Art. 26. 1. Parcel for the blind sent by:


1) a person holding a decision of the competent adjudicating authority
with a significant or moderate degree of disability due to
damage to the organ of vision, hereinafter referred to as "a blind or blind person",

and addressed to a library or organization of blind people or


blind people or to organizations whose statutory purpose is to act on
for blind or blind people,
2) a library or an organization of blind or visually impaired people or
an organization whose statutory goal is to act for the benefit of people
blind or visually impaired, and addressed to a blind or blind person
blind,
3) a blind or visually impaired person or containing information addressed to such a person

only information recorded in embossed writing


– is exempt from the postal service fee specified in the applicable price list
universal services referred to in Art. 57, for a postal item that is not
shipment of the fastest category, same type, same weight or other
feature on which the fee amount depends. This exemption does not apply
fees for acknowledging receipt of a registered shipment.
2. The minister responsible for social security and the minister
competent for culture and protection of national heritage in consultation
with the minister responsible for public finances will determine on the way
regulation, list of libraries and organizations of blind or visually impaired people

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and organizations whose statutory goal is to act for the benefit of people

blind or visually impaired persons referred to in section 1, following the principle

ensuring the widest possible and equal access for blind people

and the blind to cultural goods.

Art. 27. 1. A postal operator who has not charged a fee for the postal service

receives statutory exemption from payment for its provision from the state budget, for

principles specified in separate regulations, the subsidy in question for

provided postal service.

2. The unit subsidy rate cannot be higher than the established one

in the applicable universal service price list referred to in Art. 57, fee

for postal service for non-fastest postal items

category, of the same kind, of the same mass or other characteristic from which it is derived

depending on the amount of the fee.

3. The total amount of the subsidy referred to in section 1, is specified in the Budget Act.

4. The subsidy referred to in section 1, constitutes public aid and may be

granted in accordance with the provisions contained in the decision of the European Commission,

issued as a result of the notification, during the period of validity of this decision.

5. Where the European Union regulations regarding state aid

allow for an exemption from the requirement to notify the European Commission of aid

public grant granted in accordance with their provisions, the subsidy in question

in paragraph 1, may also be granted in accordance with these provisions.

6. The minister responsible for communications will determine, by way of regulation,

detailed conditions for granting the subsidy referred to in section 1, exempt

from the notification requirement to the European Commission, bearing in mind the need

ensuring the compatibility of this subsidy with the internal market.

Art. 28. 1. If the postal operator is located:

1) in a difficult situation in accordance with the criteria set out in Union law

European Union regarding assistance to entities in such a situation5) or

2) during the period of restructuring carried out with the use of aid

public

5) These criteria are set out in points 19 to 24 of the Commission Communication Guidelines
on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C
249, 31/07/2014, p. 1).

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– subsidy referred to in Art. 27 section 1, subject to notification to the Commission

European Union in accordance with Art. 27 section 4, requires notification as aid

individual, unless it has been notified together with the notified aid to

restructuring.

2. The provisions of section 1 does not apply to the subsidy referred to in Art. 27 section 1,

which constitutes compensation for the provision of services of general interest

economic.

Art. 29. 1. Unpaid shipment accepted for transportation and delivery

by letter, which is not a registered item, the postal operator who concluded the contract

contract for the provision of postal services with the sender, returns the postal service to the sender in order to:

1) the shipment is collected and the sender pays the fee for returning the shipment, or

2) the sender pays the fee for returning the shipment and for the postal service

in the event of resending the parcel.

2. The fee for returning the shipment cannot be higher than half of the service fee

postal address specified for this shipment in the postal services price list or price list

universal services.

3. If on the packaging of the shipment referred to in section 1, not specified

marking of the sender and his address, such a parcel is delivered by the postal operator

to the addressee after collecting from him the fee for the postal service established for this purpose

shipment by the postal operator who has concluded an agreement with the sender

for the provision of postal services, in the postal services price list or service price list

common.

4. If the shipment referred to in section 1, was paid in a lower amount

than due, the postal operator delivers the parcel to the addressee charging an additional fee,

up to the amount of the postal service fee set for this shipment by the operator

postal service that has concluded a postal service contract with the sender,

in the price list of postal services or the price list of universal services.

Art. 30. If the postal operator has accepted for shipment and delivery

registered mail or postal order, unpaid or paid in amount

lower than the amount due, may not require the sender or addressee to pay a fee for

postal service or any additional payments to the amount of this fee, unless agreed in an agreement

for the provision of postal services provides otherwise.

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Art. 31. 1. To the postal operator who concluded an agreement with the sender

for the provision of postal services, there is a right of lien on the shipments

postal services in order to secure claims arising from this contract and

for justified additional costs of providing the service incurred

for reasons attributable to the sender or addressee.

2. The provisions of section 1 does not apply if the addressee of the postal item is

public authority body.

3. In the event of refusal to satisfy the addressee or sender

receivables secured by a pledge, the postal operator to whom

is entitled to a lien, opens the postal item in commission and proceeds

to sell its contents:

1) immediately - in the case of live animals or dangerous things

or perishable;

2) after 14 days from the date of written notification to the addressee or sender

about the intended sale of the contents of the postal item - in the remaining cases

cases.

4. The amount obtained from the sale of the contents of the postal item to the operator

the postal service transfers to the sender, at his expense, after deducting the receivables

secured by a pledge.

5. The postal operator is entitled to claim coverage from the sender

difference if the receivables secured by the pledge exceed

the amount obtained from the sale of the contents of the postal item.

6. In the event of sale of the contents of a postal item or part thereof

is not possible, the provisions of Art. shall apply to the unsold contents of the shipment. 33
ust. 9.

Art. 32. 1. A postal item that cannot be delivered to the addressee,

postal operator that has concluded a service provision agreement with the sender

postal, returns to the sender. For activities related to the return of the shipment, the operator

the latter may demand payment of a fee in the amount specified in the service price list

postal services or in the universal service price list or in the contract.

2. In the case of a postal item containing non-Community goods

within the meaning of customs law, return to the sender in question

in paragraph 1, requires completion of customs formalities.

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Art. 33. 1. A postal item that cannot be delivered to the addressee or

returned to the sender due to the lack or incorrect sender's address, hereinafter referred to as

"undeliverable mail", may be opened by a postal operator who

concluded a contract with the sender for the provision of postal services in order to obtain

data enabling its delivery or return to the sender.

2. An unpaid or paid shipment is also treated as undeliverable

in an amount lower than the amount due for a letter item that is not a registered item,

if the sender refuses to accept the shipment or pay the return fee

or pay a surcharge. The following applies to the contents of this shipment accordingly

provisions of section 9.

3. An undeliverable parcel is opened immediately, unless

the contract for the provision of postal services provides for a different deadline.

4. Postal operator providing postal services under contracts

for the provision of postal services designates the organizational unit in which they will be located

activities related to opening postal items

and determining data enabling their delivery or return to the sender.

5. An undeliverable parcel is opened by a committee composed of:

at least 3 people, appointed by the head of the organizational unit referred to

referred to in section 4, from among the employees of this unit.

6. The opening of an undeliverable parcel should be done in the following manner

ensuring the least possible damage to its packaging.

7. After opening an undeliverable parcel, the commission checks whether

there is no recipient's marking on the inside of the packaging

or sender and their addresses, and if they are missing, the commission inspects them

contents of the shipment.

8. If determined by the committee during the activities referred to

in paragraph 7, data enabling the delivery or return of a postal item,

this shipment after being properly secured and annotated

packaging about its opening on commission is delivered to the addressee or returned

sender.

9. If opening an undeliverable parcel does not enable it to be opened

delivery or return to the sender or if the sender refuses to accept it

returned shipment:

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1) correspondence constituting the shipment and its packaging must be destroyed

by the postal operator referred to in section 1, in a way

making it impossible to reproduce the information contained in and on the shipment

packaging no earlier than 60 days from the date of opening the shipment;

2) content other than correspondence constituting the shipment and its packaging

is subject to destruction by the postal operator referred to in section 1,

in a way that makes it impossible to reproduce the information contained in the shipment and on

its packaging, no earlier than 12 months from the date of opening

shipments.

10. If the authorized person submits a complaint before the deadline,

referred to in section 9 point 2, the contents of the shipment and its packaging may not

be destroyed before the decision to resolve the complaint becomes final.

11. To the contents of the shipment consisting of money, securities,

valuables, things of historical, scientific or artistic value, equipment or

military equipment, things that require permission,

in particular weapons, ammunition, explosives and any other types

identity documents, as well as items that are monuments or materials

archival, Art. shall apply accordingly. 4, art. 5 section 1 and 3-5, art. 6 and art. 8–12

Act of February 20, 2015 on found items (Journal of Laws of 2023

pos. 501) and art. 187 of the Act of 23 April 1964 - Civil Code (Journal of Laws

of 2022, item 1360, 2337 and 2339 and from 2023, item 326).

Art. 34. The amount of money specified in the postal order, which is not

can be delivered to the addressee, it is returned to the sender, and if so

impossible due to missing or incorrect address of the sender, postal operator,

who concluded a postal service contract with him shall apply accordingly

art. 5 section 3 of the Act of February 20, 2015 on lost property and Art. 187

Act of 23 April 1964 - Civil Code.

Art. 35. 1. Postal operator who has concluded a service contract with the sender

postal service, may, after accepting the postal item, entrust further ones

provision of a service to another postal operator under a contract

for cooperation concluded in writing.

2. In the cooperation agreement, postal operators specify in particular:

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1) scope of cooperation;
2) remuneration for related activities performed by the postal operator
with the implementation of the contract;

3) scope and method of providing information regarding security


postal items to ensure safe circulation
postal services and the retention and security of postal items
in the cases referred to in Art. 36;
4) rules for transferring to the postal operator that has entered into an agreement with the sender

contract for the provision of postal services, undeliverable items and


postal items subject to a lien;
5) rules for forwarding postal items returned for reasons
incorrect delivery to the return mailbox;
6) deadlines for performing specified activities by the postal operator
agreement;
7) rules of liability for breach of contract terms.
3. The provision of section 1 does not violate the rights of the postal operator who concluded the contract

contract for the provision of postal services with the sender, to be entrusted
subcontractor to further perform the service on behalf of this operator, on the basis of
contract concluded in writing.

Art. 36. 1. In the event of reasonable suspicion that a postal item


may cause damage to other shipments or the operator's property
postal mail, the operator may request that it be opened by the sender, and in the event of

when requesting the sender to open the parcel is or was impossible


ineffective, you may secure the shipment at your own expense
ensuring the security of postal traffic.
2. In the event of a justified suspicion that the postal item constitutes
the subject matter of the crime or its content constitutes a threat to people or
environment, the postal operator shall immediately notify the relevant entities and
retains and secures the shipment until it is inspected
entities.

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Art. 37. 1. A postal item or the amount of money specified in the transfer
by post is delivered to the addressee at the address indicated on the parcel,
transfer or in the contract for the provision of postal services.

2. A postal item, if not posted poste restante, may also be sent


issued with the effect of delivery:
1) addressee:
a) to his mailbox, excluding parcels
registered,
b) at a post office, if during an attempt to deliver the parcel
postal addressee was absent at the address indicated on the parcel,
postal order or in a contract for the provision of postal services
or delivery via a post office box is not possible
That's possible,

c) in a place agreed by the addressee or sender with the operator


postal;
2) the statutory representative of the addressee or the addressee's representative
authorized on the basis of a power of attorney granted under the terms and conditions

general or based on a postal power of attorney:


a) at the address indicated on the postal item or postal order
or in a contract for the provision of postal services,

b) at a post office;
3) an adult person residing with the addressee, if the addressee has not submitted it
at the post office, reservations regarding the delivery of the parcel
registered or postal order:
a) at the address indicated on the postal item or postal order
or in a contract for the provision of postal services,

b) at a post office, after submitting a written declaration


about living together with the addressee;

4) a person authorized to collect postal items at the authority's office


public authority referred to in Art. 1 section 2 point 1 of the Act of
August 5, 2010 on the protection of classified information (Journal of Laws of 2023

pos. 756 and 1030) if the addressee of the shipment is a given authority
public;

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5) a person authorized to collect postal items at the entities


being legal persons or organizational units
without legal personality, if the addressee of the shipment is:
a) a given legal person or organizational unit without
legal personality,
b) not being a member of the management body or an employee of the given entity

a legal person or an organizational unit without personality


legal person residing there;
6) to the head of the organizational unit or to a natural person through him
authorized if the addressee of the postal item is a natural person
staying in a unit where, due to the nature of this unit or
It is a generally accepted practice to deliver a parcel to the addressee
significantly difficult or impossible.

3. The provisions of section 2, 4a and 4b do not violate the provisions of other related acts

method, rules and mode of delivery.

4. At the written request of the addressee, submitted to the appropriate facility


postal item, letter item which is a registered item, excluding
parcels sent with the acknowledgment of receipt service may be delivered
in the manner referred to in section 2 point 1 letter a. The application may be submitted

in electronic form, if such a form is permitted by the regulations for the provision of services

postal services or regulations for the provision of universal services.

4a. In states of emergency or in the event of an epidemic


or a state of epidemic threat, a letter item constituting a shipment
registered may be delivered in the manner referred to in section 2 point 1 letter and,
without the need to submit the application referred to in section 4. Not applicable
shipments sent to or sent by:
1) Courts and Tribunals;
2) the prosecutor's office and other law enforcement authorities;

3) court bailiff.
4b. In states of emergency or in the event of an epidemic
or a state of epidemic threat, the operator's performance is suspended
postal obligation to obtain a receipt for the courier shipment
resulting from Art. 3 point 19 letter e.

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5. To deliver the amount of money specified in the postal order,

with the exception of transfers sent poste restante, shall apply accordingly

provisions of section 2 point 1 letter b and points 2-6.

6. To deliver a registered parcel or a specified amount of money

in postal orders in the event of the addressee's death shall apply accordingly

provisions of art. 32–34.

Art. 38. 1. The postal operator may accept written communications from the addressee

a statement on granting another person power of attorney to collect shipments or

postal orders, hereinafter referred to as "postal power of attorney".

2. Postal power of attorney includes:

1) name and surname and type, series and number of the photo document

confirming the identity of the person granting the power of attorney;

2) scope of the power of attorney;

3) name and surname as well as the type, series and number of the photo document

confirming the identity of the representative.

3. The postal power of attorney is granted by the addressee in the presence of the employee

postal operator at the post office of this operator or, where

the addressee is unable to move independently in his place of stay,

by presenting a document confirming identity.

3a. The addressee may also grant a postal power of attorney by:

submitting a qualified declaration in electronic form

electronic signature, trusted signature or personal signature, if

the postal operator has provided for this possibility in the regulations for the provision of services

postal services or regulations on the provision of universal services.

4. The postal operator may specify in the regulations for the provision of services

postal or universal service regulations other cases in which it may

a postal power of attorney be granted outside the post office of this operator.

5. Postal power of attorney may be revoked at any time.

6. The operator accepts the postal power of attorney and revokes it

the postal service may charge a fee if a fee for this activity is specified

in the postal services price list or universal services price list.

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Art. 39. 1. Postal item incorrectly delivered to the post office


mailbox due to an incorrect or outdated address or designation
addressee or incorrect delivery may be returned to the operator
by post by:
1) putting the parcel into the returns box, if there is one
placed by the owner or co-owner of the property;
2) handing over the shipment at the post office of the postal operator who
included information on the parcel confirming acceptance of the fee
for the postal service, to a person authorized by this operator;
3) handing over the parcel to a person authorized to deliver parcels by
the postal operator who placed the information on the parcel
confirming his acceptance of the fee for the postal service;
4) dropping the parcel into the operator's mailbox
designated, after having written the word "RETURN".
2. The designated operator is obliged to:
1) separating returns from your outgoing mailboxes
sent postal items and receiving returns from mailboxes
returns, if the owner or co-owner of the property allows it;
2) forwarding returns to the appropriate postal operators who
have included information on the parcels confirming acceptance by them
postal service fees.
3. The postal operator who placed the information on the postal item
confirming his acceptance of the fee for the postal service is obliged
to accept the return of this shipment.

4. The postal operator who placed the information on the postal item
confirming his acceptance of the fee for the postal service is obliged
to pay a fee for the designated operator's related activities
with the return, if the designated operator has specified such a fee in the price list
postal services.
5. If in the returns box or outgoing mailbox
designated operator is located:

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1) postal item that cannot be returned to the appropriate operator


postal service with simultaneous collection of an appropriate fee - operator
the designated person treats this shipment as undeliverable;

2) unaddressed form - the designated operator is entitled to it


destruction.

Art. 40. 1. Owner or co-owners:


1) land properties on which a residential building is located,
2) a residential building constituting a separate property
– are obliged to place a mailbox that meets the requirements
specified in the regulations issued pursuant to section 5.
2. The obligation referred to in section 1, is implemented:
1) in single-family buildings - by placing a drop-off box
post office in front of the building's entrance door or in a generally accessible place

parts of real estate;


2) in multi-family buildings, where at least
3 premises - by placing them in a generally accessible part of the property
a set of mailboxes corresponding to the number
independent residential premises and premises for other purposes, if
they have a separate address.

3. The designated operator has the right to install and use in the areas
rural or areas with scattered development of their own collection boxes
postal, after consultation with the relevant commune head (mayor, president
city), on terms agreed with the owner, perpetual usufructuary
or sole owner of real estate.
4. The provisions of section 1 does not apply if installed by the operator
designated own mailboxes in accordance with section 3.
5. The minister responsible for communications in consultation with the minister
competent for construction, planning and development
zoning and housing will define, by way of a regulation, the requirements
what the mailboxes and their location should correspond to,
as well as access conditions for postal operators, bearing in mind
assurance:
1) security of postal traffic;

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2) access to mailboxes for postal operators.

Art. 41. 1. Postal secrecy covers information transmitted


in postal items, information regarding the execution of transfers
postal services, data regarding entities using postal services and
data regarding the fact and circumstances of the provision or use of postal services
from these services.

2. The following persons are obliged to maintain postal secrecy:

1) postal operator;
2) persons who, due to their activities, have access to the secret
postal.
3. It is a violation of the obligation to maintain postal secrecy
especially:
1) disclosure or processing of confidential information or data
postal;
2) opening or examining closed mail items
content;

3) enabling unauthorized persons to take actions aimed at


purpose of performing the activities referred to in points 1 and 2.

4. It does not constitute a violation of the obligation to maintain postal secrecy:

1) taking the actions referred to in section 3 points 1 and 2, in cases


provided for by law or in the service provision agreement
postal;
2) the use of inclusive references by the postal operator
data regarding entities using its postal services and
types of these services, where these data are published with consent
entities to which they concern.
5. The obligation to maintain postal secrecy is unlimited in time.
6. The postal operator is obliged to exercise due diligence
to the extent justified by technical or economic reasons
securing devices and facilities used to provide services
postal mail and data files against disclosure of postal secrecy.

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Art. 42. Information or data subject to postal secrecy may be collected,


recorded, stored, processed, changed, deleted or made available
only when these activities concern or are related to the postal service provided
necessary for its implementation or if separate provisions provide otherwise.

Art. 43. 1. The postal operator is obliged to submit it annually


Activity report to the President of UKE by March 31
postal in the previous year.
2. The report shall include information regarding:
1) sales of postal services in terms of quantity and value
divided into:
a) universal services,
b) services falling within the scope of universal services,
c) courier shipments,
d) other postal services;
2) average annual employment;
3) the number of postal branches, including the organizational units of agents
postal;
4) the number of mailboxes and postal machines
customer service;
5) the number and types of complaints submitted, broken down by the services referred to

referred to in point 1, the method of their consideration and the number and amount paid

compensation;
6) access to elements of postal infrastructure;
7) actual area of postal activity performed;
8) period of postal activity;
9) legal form of the entrepreneur and contact details;
10) belonging to a capital group.
3. The report on postal activities should be accompanied by:
1) current list of post office addresses divided into:
a) organizational units of the postal operator and other separate units
and places marked by him where a contract can be concluded
for the provision of a postal service or to collect a postal item or
the amount of money specified in the postal order,

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b) organizational units of postal agents;

2) price list of postal services used in the period covered by the report.

4. The President of UKE may impose an obligation on the postal operator

submitting, within a period of not less than 14 days, other necessary information

to implement the provisions of this Act.

5. The obligation to submit a report on postal activities,

within the period specified in section 1, shall be subject to the entity deleted from the register for the period

postal activity performed in the year in which the deletion took place

from the register.

5a. A postal operator that did not conduct any activity in the previous year

by post, submits a declaration of non-performance by March 31

this activity along with the information referred to in section 2 points 2-4, 9 and 10.

6. Based on information obtained from postal operators and

entities referred to in section 5, the President of UKE annually, by

On May 31, submits a status report to the minister responsible for communications

postal market for the previous year, including the results of activity inspection

postal and publishes it in the Public Information Bulletin on the website

entity website of the President of UKE, hereinafter referred to as the "BIP entity website",

while maintaining the requirements regarding the protection of business secrets.

7. The minister responsible for communications will determine, by way of regulation,

template of the form used to submit a report to the President of UKE

from postal activities along with explanations on how to complete it,

guided by the need to provide the President of UKE with information about which

referred to in section 2, and with a view to ensuring readability and completeness

form template and explanations.

Art. 44. 1. An entrepreneur may reserve information, documents or them

parts containing trade secrets, provided at the request of the President

UKE or pursuant to the provisions of this Act.

2. The President of UKE may waive the reservation by way of a decision if he finds that

this data is necessary to perform its tasks.

3. The reservation shall be taken into account when publishing information or documents

and ensuring access to public information.

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4. In the event of a statutory obligation to provide information or


documents received from entrepreneurs to other national authorities,
foreign regulatory authorities or the European Commission, information
and documents are transferred with and subject to reservations
compliance.

Chapter 4

Provision of universal services

Art. 45. 1. Universal services include those provided in trade


domestic and foreign as part of the obligation referred to in Art. 46, services
postal including:
1) receiving, sorting, transporting and delivering:
a) letter items, including registered items and those with declared value,
weighing up to 2000 g and calculated with a tolerance of 2 mm, dimensions:

– maximum – 900 mm, being the sum of length and width


and height, with the largest dimension not exceeding
600 mm, and in the case of a letter item in the form of a roll –
1040 mm, being the sum of the length and double diameter, at
the largest dimension cannot exceed 900 mm,
– minimum – 170 mm in the case of a letter item in form
roll, constituting the sum of the length and double the diameter, at
the largest dimension cannot be less than 100 mm,
– minimum address page – 90 × 140 mm,
b) parcels for the blind,
c) postal parcels, including those with a declared value, weighing up to
10,000 g and total dimensions (length, width, height)
not exceeding 3000 mm, with the longest dimension not
exceeds 1500 mm;
2) sorting, moving and delivering parcels sent from abroad
postal items weighing up to 20,000 g and dimensions referred to in point 1(a). c.
2. Postal services referred to in section 1, provided to broadcasters
mass services are not included in universal services.

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Art. 46. 1. To provide universal services throughout the territory of the country
the designated operator is obliged to do so.

2. The obligation referred to in section 1, includes the provision of services


common:
1) in a uniform manner under comparable conditions;
2) ensuring the deployment throughout the territory of the country:
a) postal offices of the operator designated in accordance with the regulations
issued pursuant to Art. 47 point 3 and
b) mailboxes appropriate to the demand
in a given area;
3) maintaining the time indicators of postal shipments;
4) at affordable prices;
5) with a frequency ensuring at least one emptying of the transmitter
mailbox and delivery of postal items, at least every
business day and not less than 5 days a week, excluding days
statutory holidays;
6) in a way that allows the sender to obtain the document
confirming receipt of the registered shipment.

Art. 47. The minister responsible for communications will determine, by way of communication

regulation, conditions for providing universal services, including:


1) indicators of the delivery time of postal items in domestic traffic,
2) requirements for the acceptance and delivery of postal items,
including:

a) conditions for accepting shipments,


b) method of dealing with damaged shipments,
c) method of documenting the performance of the parcel delivery service
registered,
d) deadlines for collecting parcels from the operator's post office
designated,

e) requirements regarding the packaging of shipments,

f) the method of arranging the addressee, address and fee information


postal address and other markings on the address side of a letter item,
3) the method of arrangement of the designated operator's post offices,

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4) minimum percentage of the operator's outgoing mailboxes


designated, the placement of which meets the requirements referred to
in art. 62 point 3,

5) method of providing universal services


– taking into account the protection of the interests of entities using the services
common, including the delivery time of postal items,
transparency of requirements for accepting and delivering parcels
mail, availability of operator's outboxes
designated for disabled people using a wheelchair
disability, availability of post offices of the designated operator and
uniform way of providing universal services, actual demand
on universal services and the impact of the conditions of providing these services on the cost of services

common.

Art. 48. The designated operator may not refuse to conclude the contract
for the provision of postal services regarding the provision of universal service,
subject to art. 16 section 1 and section 2 point 1.

Art. 49. 1. The designated operator shall specify in the regulations for the provision of services

universal conditions of their provision and general conditions of access to them


services.

2. The designated operator shall specify in the regulations for the provision of services

common way implementation duty indicated


in art. 10 section 3 of Commission Delegated Regulation (EU) 2019/2122 of
October 10, 2019 supplementing the regulation of the European Parliament
and Council (EU) 2017/625 as regards certain categories of animals and goods
exempt from official controls at border control posts
and in relation to certain checks on passengers' personal and small baggage
shipments of goods sent to natural persons and not intended for
placing on the market and amending Commission Regulation (EU)
no. 142/2011.

3. The designated operator shall submit the draft regulations to the President of UKE

provision of universal services or a draft amendment to the applicable one

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regulations, along with justification, at least 30 days before the planned date

the date of their introduction.

4. The President of UKE may, by way of a decision, within 30 days from the date

submitting a draft regulations for the provision of universal services or a draft

changes to the applicable regulations, object to their provisions,

if they are inconsistent with the law or violate the rights of entities

using universal services.

5. Regulations for the provision of universal services or partial amendments thereto

subject to the objection of the President of UKE shall not enter into force.

6. The designated operator is obliged to make available the regulations for the provision of services

universal services at each post office and on its website

website.

7. If it results from the characteristics of the contract for the provision of postal services,

whose subject is the provision of universal service, regulations for the provision

universal services is a free annex to the contract.

Art. 50. The designated operator is obliged to do so within 7 months from

end of the financial year, provide the President of UKE with information about your

financial situation resulting from the profitability of universal services in the previous one

financial year, including the profitability of post offices broken down into:

urban and rural areas, also taking into account other determining factors

conditions for providing universal services in a given area, including difficult conditions

geographical, if they significantly impede communication

post office with human settlements.

Art. 51. 1. The President of UKE may, by way of a decision, establish for the operator

designated derogation from the obligation to provide universal services for

specific area with:

1) frequency referred to in Art. 46 section 2 point 5 or

2) maintaining the time indicators for postal shipments referred to

referred to in the implementing regulations issued pursuant to Art. 47 point 1, or

3) maintaining the manner of arranging post offices as described

referred to in the implementing regulations issued pursuant to Art. 47 point 3.

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2. The President of UKE, when making the decision referred to in section 1, takes into account

factors determining the conditions for the provision of universal services in a given area

area, in particular:

1) current demand for universal services;

2) geographical conditions that significantly influence

obstruction of postal communication with human settlements;

3) population density in the area;

4) profitability of universal services.

3. The derogation is established by the President of UKE on the basis of information

referred to in Art. 50 and art. 110, and the corrective action plan referred to
w art. 111.

4. The designated operator may, together with the information referred to in Art. 50,

submit an application for a derogation.

5. The President of UKE issues a decision on the derogation within 60 days from

the date of receipt of the information referred to in Art. 50.

6. The President of UKE is obliged to inform the European Commission

on the established derogation referred to in paragraph 1 point 1 and 2.

Art. 51a. 1. The President of UKE, at the request of the designated operator, on the way

decision, establishes a derogation from the obligation for the designated operator

provision of universal services in the event of the spread of infection or disease

infectious disease that may pose a threat to public health.

2. The decision referred to in section 1, the President of UKE shall issue immediately, however

no later than 2 days from the date of receipt of the application in the form of

electronically from the designated operator. The decision may also be issued orally,

by telephone, using electronic means of communication within the meaning of Art. 2

point 5 of the Act of 18 July 2002 on the provision of electronic services

(Journal of Laws of 2020, item 344) or by other means of communication.

3. In the case referred to in section 1, the minister responsible for

communications provides the designated operator with financial resources from the budget

state in connection with the loss incurred by this operator.

Art. 52. 1. The President of UKE ensures that mileage testing is carried out

postal items obtained in a given year within the scope of universal services

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in domestic trade by the designated operator and ensures verification

correctness of the research implementation as well as its results.

2. The research is carried out by an entity specializing in research

market entities without ownership or control connections

with the designated operator.

3. The examination may be carried out by a designated operator

based on data from the IT postal tracking system

used by this operator. Test results designated operator

forwards to the President of UKE.

4. Designated operator using an IT shipment tracking system

postal services is obliged to provide the President of UKE, at his request, with the data

from this system.

5. Correctness of the implementation of the study referred to in section 2 and 3, and his

the results are verified by a specialized entity that does not have

ownership or control relations with the designated operator

and the entity conducting the audit.

6. If any irregularities are found in the conducted research,

the entity carrying out the verification commissions the entity carrying out the audit

taking corrective actions to eliminate errors and ensure

ensuring the correctness of the test results.

7. The President of UKE ensures the development of research methodology and:

1) inclusion in the research methodology referred to in section 2, specifics

technology for providing universal services by the designated operator

to the extent that it is specified in the standard transposing the EN standard


13850;

2) participation of the designated operator at the stage of developing the research methodology,

referred to in section 2, in the scope of preparing a flow study

actual shipments;

3) participation of the designated operator in the development of the management methodology

research referred to in section 3.

8. The President of UKE publishes on the BIP website by:

On May 31 each year, an annual report containing the results of the research in question

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in paragraph 1, for the previous year and containing information to the extent consistent

with the scope of the report defined in the standard transposing the EN 13850 standard.

9. Sharing and publishing information regarding data is prohibited

enabling the identification and location of study participants and

identification of areas not covered by the study.

Art. 53. 1. The designated operator is obliged to set fees for services

universal in a transparent, non-discriminatory and reflective manner

the costs of providing these services.

2. If the designated operator sets non-uniform fees

for universal services, the President of UKE may impose on the operator, by way of a decision,

the obligation to apply uniform fees for these services throughout the country,

if it is necessary to ensure the provision of universal services,

in particular their affordability. When issuing a decision, the President of UKE takes

take into account the financial balance of the designated operator

and profitability of universal services and the impact of changes in the level of service fees

common to the final level of the net cost of the service obligation

universal and the possibilities of financing it.

3. The decision referred to in section 2, the President of UKE shall take action within 60 days

from the date of receipt of the information referred to in Art. 50.

Art. 54. 1. The designated operator may apply special tariffs lower than

applicable for a given type or method of providing universal service,

in relation to broadcasters who perform activities agreed with the operator

related to the preparation or processing of postal items or

agree on additional terms and conditions regarding the method of providing the service and to

senders sending a significant number of parcels within a period agreed with the operator,

provided that when setting special tariffs, the operator:

1) applies uniform and equal criteria to broadcasters both in terms of fees

universal services, as well as the conditions related to the contract for the provision of these services

services;

2) takes into account the costs incurred in providing universal service.

2. The designated operator is obliged to specify in the regulations referred to

referred to in art. 49 section 1, criteria for determining special tariffs and corresponding ones

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criteria, percentage levels of discounts on fees applicable for a given type

or the method of providing universal service, taking into account the principles referred to

referred to in section 1. Discount levels may be specified in intervals.

Art. 55. (repealed)

Art. 56. (repealed)

Art. 57. 1. The designated operator shall submit a draft price list to the President of UKE

universal services or a draft amendment to the applicable price list together with

specifying the individual components of the costs of providing each service, which

at least 60 days before the planned date of their introduction.

2. The President of UKE may, by way of a decision, within 30 days from the date

submitting a draft price list for universal services or changes to the current one

price list, raise an objection to all or part of the price list draft or

draft changes to the current price list if the submitted design does not meet the requirements

at least one of the following criteria:

1) affordability – which assesses the amount of each fee

in connection with the purchasing capabilities of service users

common;

2) profitability of fees - which assesses whether:

(a) the fee for the service in question has been set in a reflective manner

costs of providing it,

b) the change in fees will not adversely affect the level of financial balance

designated operator,

(c) as a result of changes in fees, the level of the net cost of the obligation to provide

universal services will not be excessively increased;

3) transparency of the universal service price list - which assesses

or price list design:

a) contains an indication of all the elements that make up the given item

fee,

b) enables the user to make an informed choice about a given service;

4) non-discriminatory nature of the universal service price list - within

which assesses whether the draft price list does not result in unequal treatment

potential recipients of these services.

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3. Price list of universal services or its changes within the scope covered

against the objection of the President of UKE do not enter into force.

Art. 58. (repealed)

Art. 59. Price list of universal services and changes to the current one

the price list shall be immediately announced on the BIP website and are

made available at and at each post office of the designated operator

website and constitute a free attachment to the contract

for the provision of postal services, the subject of which is the provision of a service

common when it results from the properties of the concluded contract.

Art. 60. 1. The designated operator may not refuse to do so

securing the postal shipment in accordance with the requirements of the contract or

regulations for the provision of universal services.

2. For the execution of the security referred to in section 1, operator

the appointed person may charge a fee taking into account the costs of execution

security.

Art. 61. 1. Entities providing public regular land transport,

by air, sea or inland waterway are obliged to transport consignments for a fee

postal services subject to universal service.

2. Entity managing a railway station, civil airport or port

sea or inland waterway is obliged to provide the operator

designated person has access to the necessary rooms and equipment

loading and unloading, as long as this does not impede their rational use.

3. Detailed conditions for the performance of obligations by entities,

referred to in section 1 and 2, shall be determined in the contract that should be concluded

within 30 days from the date of request by the designated operator


conclusion.

4. The provision of section 2 shall apply accordingly if the property constitutes

subject of use, lease, lease or permanent management.

Art. 62. The designated operator ensures access for disabled persons

to universal services by:

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1) organization of the work of postal offices enabling people to


wheelchair users using services
provided by these facilities;
2) creating appropriately marked positions in post offices
services for disabled people;
3) placing mailboxes in a manner and place
enabling their use by a disabled person who moves
using a wheelchair, especially sending boxes
postal systems installed at a post office or on real estate
used by this facility;
4) serving persons:
a) with damage to the musculoskeletal system requiring use
from a wheelchair,
b) blind or blind
– at their request and without charging additional fees, postage,
registered shipments, including shipments with declared value and
monetary amounts specified in postal orders, excluding
drop-off mailbox and without the need to collect the parcel
at a post office;
5) receiving from a disabled person at his place of residence
correctly paid postal item that is not a shipment
registered.

Art. 63. 1. Owner, perpetual usufructuary or sole possessor


real estate is obliged to enable the designated operator
placing mailboxes and postal machines
customer service, as well as the operation and maintenance of these devices. Conditions

the designated operator's use of the property is specified in the contract,


which should be concluded within 30 days from the date of the operator's request
designated for its conclusion.
2. Postal mailboxes and machines for postal customer service
should be placed, operated and maintained as little as possible
burdensome for the owner and the entity using the property on which it is located
are placed.

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Art. 64. 1. Entities included in the public finance sector


within the meaning of the Act of 27 August 2009 on public finances are
obliged to enable the designated operator to place, and
operation and maintenance of mailboxes and automatic mailboxes
postal customer service on the premises occupied and administered by itself
real estate, as long as it does not limit the rational use of these properties
real estate.

2. Use of the property referred to in section 1, within the scope


necessary for the placement, operation or maintenance of the item placed thereon
there is a mailbox and machines for postal customer service
unpaid.

Art. 65. In the event of disputes between the designated operator


and units included in the public finance sector regarding the scope
obligations referred to in Art. 64, the provisions of Art. 64 shall apply accordingly. 124
Act of 21 August 1997 on real estate management (Journal of Laws of 2023
pos. 344 and 1113).

Chapter 5

Access to elements of postal infrastructure

Art. 66. 1. A designated operator who has:


1) post office boxes,
2) own mailboxes,
3) postal code system identifying delivery areas,
4) database of information on address changes in order to redirect shipments
postal
- hereinafter referred to as "elements of postal infrastructure", is obliged to provide
access to these elements to postal operators providing incoming services
in the scope of universal services.

2. The designated operator is obliged to provide operators who do not


they provide services falling within the scope of universal services, access to elements
postal infrastructure referred to in section 1 point 3 and 4.

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3. The designated operator is obliged to provide access to the elements

postal infrastructure to the extent specified in the element access agreement

postal infrastructure, hereinafter referred to as the "access agreement".

4. The access agreement is concluded in writing under pain of penalty


invalidity.

Art. 67. 1. The designated operator shall determine the conditions and amounts of access fees

to elements of postal infrastructure in the regulations on access to

postal infrastructure elements and price list for access to infrastructure elements

postal.

2. The conditions and amounts of fees referred to in section 1, is determined as follows

transparent and non-discriminatory, and the fees should be taken into account

costs of providing access to elements of postal infrastructure.

3. The designated operator shall submit draft regulations to the President of UKE

access to postal infrastructure elements and access price list

elements of postal infrastructure or projects for their changes along with justification,

containing in particular the specification of individual cost components

this access, at least 60 days before the planned date

implementing the regulations or price list or changing them.

4. The President of UKE may, by way of a decision, within 30 days from the date

submitting draft regulations for access to infrastructure elements

postal service or price list for access to postal infrastructure elements or

drafts of their changes, object to all or part of them

the submitted project if they are inconsistent with the provisions of the Act. Statute

access to elements of postal infrastructure and a price list for access to elements

postal infrastructure or projects of their changes to the extent covered by the objection

of the President of UKE shall not enter into force.

5. The President of UKE may, in the decision referred to in section 4, put on the operator

designated obligation to submit amended draft regulations

access to postal infrastructure elements or a price list for access to elements

postal infrastructure or projects of their changes in the part covered by the objection.

6. The President of UKE may request additional information from the designated operator

documents or providing additional information in the related scope

with draft regulations for access to elements of postal infrastructure or

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price list for access to infrastructure elements or projects for their changes. Additionally

time, the deadline referred to in section 4, shall be suspended.

7. Regulations on access to postal infrastructure elements and price list

access to or changes to postal infrastructure elements are subject to

publication on the BIP website.

Art. 68. 1. In the absence of those approved under Art. 67 section 4–

6 of the regulations on access to postal infrastructure elements or the access price list

to elements of postal infrastructure or failure to conclude an access agreement, the President

UKE, at the written request of the postal operator interested in the conclusion

access agreements may impose, by way of a decision, on the designated operator

the obligation to enter into negotiations in order to conclude such an agreement. The President of UKE determines

in the decision, the deadline for completing negotiations is no longer than 60 days from the date of submission

application.

2. If negotiations on concluding an access agreement are not initiated,

refusal to conclude or failure to conclude this contract within the period referred to in section 1,

a postal operator interested in concluding an access agreement may apply

to the President of UKE with a request for a decision on access.

3. The application referred to in section 2, includes:

1) draft access agreement;

2) indication of those parts of the draft access agreement regarding which the parties

negotiations failed to reach an agreement;

3) the positions of the parties to the negotiations on controversial issues.

4. The parties to the negotiations are obliged to submit to the President of UKE, at his/her disposal

the summons, within no more than 14 days from the date of delivery of the summons,

additional explanations and documents necessary to consider the application

for a decision on access.

Art. 69. 1. The President of UKE shall make a decision on access, taking into account:

attention:

1) the nature of the controversial issues and their practical possibility

solutions;

2) ensuring:

a) maintaining the continuity of universal service provision,

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b) non-discriminatory access conditions,

c) development of a competitive postal services market.

2. The access decision replaces the access agreement to the extent covered

decision.

3. If an access agreement is concluded, the access decision expires

to the extent covered by the contract.

4. In matters of property claims for non-performance or

improper performance of obligations arising from the access decision

court proceedings are the appropriate route.

Art. 70. 1. Designated operator with a change information database

address in order to redirect postal items to which the entity

using postal services reported information about a change of address for the purpose

redirection of postal items, is obliged to provide this information

postal operators with whom he concluded an access agreement in the scope referred to

referred to in art. 66 section 1 point 4, if the entity submitting the notification has consented

to provide information about the change of address to other postal operators.

2. For accepting the notification referred to in section 1, designated operator

may charge a fee.

Chapter 6

Establishing a designated operator

Art. 71. 1. The designated operator is elected for a period of 10 years by the President

UKE, by way of a decision, from among the postal operators selected in the process

competition announced by the President of UKE.

2. The competition may be entered by a postal operator conducting business activity

by post on the basis of an entry in the register which:

1) has economic and technical capacity including at least:

a) network of post offices,

b) network of distribution centers,

c) means of transport,

d) organization of the enterprise,

e) financial liquidity,

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2) meets the standard referred to in Art. 26a of the Act of 5 September 2016.
on trust services and electronic identification (Journal of Laws of 2021
pos. 1797), confirmed by obtaining a positive independent result
audit,
3) meets the organizational and technical conditions for providing a public service
hybrid specified in the Act of November 18, 2020 on deliveries
electronic (Journal of Laws of 2023, item 285)

– enabling the implementation of the tasks of the designated operator.

3. The President of UKE selects the designated operator, taking into account:
1) maintaining the continuity of the provision of universal services;

2) ensuring the required indicators of shipment turnaround time


postal services and availability of universal services;
3) the cost of providing universal services presented by the operator
postal;
4) ensuring the profitability of providing universal services;
5) tasks of the designated operator, including those performed for defense purposes,
state security or public safety and order;
6) economic and technical capacity of the postal operator to provide services
universal services;
7) ability to effectively provide public services to the registered entity
electronic delivery;
8) ability to effectively provide a public hybrid service.
4. The decision on the selection of the designated operator shall include in particular:

1) the entrepreneur's company name, his/her registered office and address or place
residence and address of the main place of business
postal;
2) designation of the legal form of the entrepreneur and number in the register
entrepreneurs or in another appropriate register;
3) tax identification number (NIP);
4) number in the register;

5) the date of commencement and completion of the obligation to provide services


universal services.

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Art. 72. 1. The President of UKE shall publish in a national daily and

competition for designated operator on the BIP website.

2. The competition is announced at least 12 months before the deadline,

for which the designated operator was elected, or from time to time

the need to select a new designated operator.

3. The minister responsible for communications shall determine, by way of regulation:

1) the required scope of information included in the competition announcement

designated operator, pursuant to the provisions of Art. 46 section 2 and having on

whereas the minimum scope of information in the competition announcement should

include at least the conditions of participation in the competition and the deadline for submission

offers and criteria for their evaluation;

2) the scope of the required competition documentation, taking into account completeness

documentation necessary to select the designated operator and that

the scope of the competition documentation should at least specify the conditions

participation in the competition, requirements that the offer should meet

and offer evaluation criteria;

3) the procedure of the competition procedure, taking into account transparency and reliability

and objectivity of the competition proceedings.

Art. 73. 1. The President of UKE, by way of a decision, recognizes the competition as valid

unresolved if:

1) no one entered the competition within the deadline specified in the announcement

postal operator;

2) none of the postal operators met the conditions for participation

in competition;

3) none of the postal operators will ensure the implementation of the operator's tasks

designated.

2. Information about the competition being declared unresolved is posted

at the headquarters of the Office of Electronic Communications, hereinafter referred to as the "Office", and

published on the BIP website.

3. If the competition is not resolved, the operator's obligations

designated operator is performed by the existing designated operator.

4. The President of UKE shall determine, by way of a decision, the period for which it is extended

the current designated operator to perform his duties

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designated operator, not less than 3 years and not more than 10 years, guided by

the degree of development of the competitive postal services market, scope

the obligation referred to in Art. 46 section 2, the need to maintain continuity

provision of universal services and their availability, as well as ensuring

provision of a public electronic registered delivery service

and public hybrid service.

Art. 74. The President of UKE announces the results of the competition by displaying them

at the Office's headquarters and posting it on the BIP website. President of UKE

informs about the selection of the designated operator, providing its company name, registered office and address.

Art. 75. 1. The President of UKE ex officio or at the request of a competition participant

meeting the requirements for entering the competition referred to in Art. 71 section 2,

submitted within 21 days from the date of announcement of the competition results, by way of a decision,

invalidates the competition if the law has been grossly violated.

2. Invalidation of the competition constitutes the basis for resuming the proceedings

regarding the competition.

Article 76. The President of UKE shall immediately inform the European Commission about the selection

designated operator, providing its company name, registered office and address as well as the start date

by him to carry out the tasks of the designated operator.

Art. 77. 1. The decision of the President of UKE to select the designated operator expires

in case of:

1) deletion of the designated operator from the register;

2) issuing a decision prohibiting the pursuit of postal activities by

designated operator;

3) issuing a decision declaring bankruptcy of an entrepreneur

designated operator.

2. In the case referred to in section 1, the President of UKE, by way of decision,

indicates the postal operator who performs the duties of the designated operator

until the selected designated operator starts carrying out the tasks
by way of competition.

3. The President of UKE shall specify, in the decision referred to in section 2, the period for which

entrusts the performance of duties of the designated operator, not shorter than

12 months and no longer than 3 years, depending on the level of market development

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postal, the scope of the obligation referred to in Art. 46 section 2, a necessity

maintaining the continuity of universal services and their availability,

and ensuring the provision of a public registered delivery service

electronic and public hybrid service.

4. When issuing the decision referred to in section 2, the President of UKE shall take into account:

1) maintaining the continuity of the provision of universal services and their availability;

2) the economic and technical capacity of the postal operator to provide services

universal services;

3) the ability of the postal operator to perform tasks, including for

defence, state security and public order in the field

resulting from the obligations of the designated operator;

4) ability to ensure the provision of public services to the registered entity

electronic delivery and public hybrid service.

5. The decision referred to in section 2, shall be immediately enforceable.

6. If none of the postal operators meets the criteria,

referred to in section 4, the President of UKE, by way of a decision, designates the operators

postal services, who will perform the duties of the designated operator, making

division of this obligation according to territorial or individual criteria

universal services, or the provision of a public registered delivery service

electronic and public hybrid service, in a way that ensures the absence of

overlapping obligations to provide these services. The provisions of section 3–5 apply.

7. In the event of issuing the decision referred to in section 6, operators

those appointed are obliged to conclude, to the extent necessary for compliance

interoperability of universal service provision and public service provision

registered electronic delivery and public hybrid service, contracts

on cooperation, including mutual access to the postal network, on transparent terms

and non-discriminatory conditions.

Art. 78. 1. The President of UKE may revoke the decision on the selection of the operator

designated in the case of:

1) persistent violation of the conditions by the designated operator

provision of universal services,

2) the designated operator demonstrates an abnormally high net cost

obligation to provide universal services,

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3) unprofitability of universal services and the recognition by the President of UKE that

an action program presented by the designated operator for

restoring and maintaining their viability will not achieve this objective

– if the analysis of the postal market indicates that the obligation to provide services

universal services may be fulfilled by another postal operator.

<1a. Moreover, the President of UKE may revoke the decision on the selection of the operator
Added section 1a and
designated in the case of: new wording
paragraph 2 in art. 78
1) persistent violation of the conditions by the designated operator will come into force
on 01/01/2026
provision of a public electronic registered delivery service (Journal of Laws of
2020, item 2320, of
or the conditions for the provision of a public hybrid service, specified 2021, item 1135 and
of 2022, items 1002
in the Act of November 18, 2020 on electronic deliveries, and 2754).

2) abnormally high cost of providing the services referred to in point 1

– if market analysis indicates that there may be an obligation to provide these services

implemented by another entity.>

[2. The President of UKE is obliged to inform the designated operator

on the existence of the conditions listed in section 1 that can

result in the annulment of the decision to select the designated operator.]

<2. The President of UKE is obliged to inform the designated operator

on the existence of the conditions listed in section 1 and 1a that can

result in the annulment of the decision to select the designated operator.>

3. If within 6 months from the date of receipt by the operator

designated information referred to in section 2, irregularities found

have not been removed, the President of UKE repeals the decision on the selection of the operator

designated.

4. In the event of annulment of the decision to select the designated operator

the postal operator performs the duties of the designated operator for the time

their takeover by the new designated operator.

Art. 79. 1. A designated operator who, for reasons beyond his control

website will no longer be able to provide universal services or a public service

registered electronic delivery, or public hybrid service, is

obliged to immediately inform the President of UKE of the intention to discontinue

provision of these services, as well as on actions taken to maintain continuity


their benefits.

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2. In the case referred to in section 1, the President of UKE shall repeal the decision

on the selection of the designated operator.

3. The postal operator may not cease to provide universal services


or public electronic registered delivery service, or public service
hybrid service until the new operator takes over their provision
designated.

Art. 80. The President of UKE shall make it public on the website
BIP entity information about:
1) change of the designated operator;
2) extending the performance of duties of the current operator
designated under Art. 73 section 4;
3) the rights and obligations of designated operators established in the procedure
art. 77 ust. 2, 3 i 6;

4) the date of commencement and completion of the operator's duties


designated.

Chapter 7

Obligations for defense, state security and


security and public order

Art. 81. The postal operator is obliged to perform tasks


and responsibilities for defense, state security and security
and public order to the extent and under the conditions specified in the Act and
in separate regulations.

Art. 82. 1. Postal operator, starting from the date of commencement of operations

postal service, is obliged to provide free of charge, within


postal, technical and organizational activities performed by them
possibilities of execution by the Police, Border Guard and Security Agency
Internal Affairs, Military Counterintelligence Service, Military Police,
Central Anticorruption Bureau, National Tax Administration, Office
Internal Supervision, Internal Inspectorate of the Prison Service and the Service
State Protection, hereinafter referred to as "authorized entities", and by
prosecutor's offices and courts, their tasks specified in separate regulations, requiring:

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1) obtaining data about the postal operator and services provided

postal mail and information enabling identification of users

from these services,

2) sharing postal items in order to control the content of correspondence or

content of shipments,

3) making available a postal item retained by the operator in the event of

suspected of being the subject of a crime, to be inspected by

authorized entities,

4) allowing for further transport of the postal item containing it

the objects of the crime intact or after their removal or

replaced in whole or in part

– in accordance with the principles and procedure specified in separate regulations.

2. The President of UKE, at the request of the postal operator, justified by objective reasons

and for technical or organizational reasons beyond its control

preventing further performance of the obligation referred to in section 1, after

obtained, within the deadline specified in Art. 106 § 3 of the Act of June 14, 1960

– Code of Administrative Procedure, consents of authorized entities,

may, by way of decision, suspend this obligation in whole or in part for a period of time

no longer than 6 months. The application must be submitted within no longer than 14 days

from the date of the event preventing further performance

duty. The application shall be accompanied by a schedule for the operator's achievement

postal full capacity to perform the obligation.

3. The Council of Ministers will determine, by way of a regulation, detailed conditions

and the method of fulfilling the obligation referred to in section 1, having regard to

so that there is as little disruption as possible in the performance of this duty

functioning of the postal operator's enterprise and guided by the principle

achieving the goal with the lowest possible costs.

Art. 83. 1. The postal operator, subject to section 4 point 2, is obliged

have current and agreed action plans in crisis situations, states

emergencies and in cases of direct threats to its resources

used to provide postal services or maintain continuity

provided postal services, hereinafter referred to as "special situations".

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"threats", taking into account the area of postal activity in which

The regulation specifies in particular:

1) rules of cooperation with other postal operators;

2) rules of cooperation with entities coordinating rescue operations,

entities competent in crisis management matters, services

statutorily established to provide assistance, as well as other entities

carrying out tasks for defense and national security

public security and order;

3) the method of maintaining the continuity of the provision of postal services, and in the event of

loss of this continuity, how to restore it, taking into account priority

entities and services referred to in point 2;

4) method of technical and organizational preparation and procedures

actions in the event of an imposition on the postal operator by the President

UKE additional obligations referred to in Art. 84 section 1;

5) method of securing the postal operator's resources in situations

particular risk and against unauthorized access.

2. The postal operator preparing the plan referred to in section 1, makes

agreeing its content with the authorities referred to in the regulations issued on

pursuant to section 4, and to the extent specified in these provisions.

3. The plan referred to in section 1, subject to update:

1) periodic - at least once every five years;

2) current - in the event of circumstances affecting its content.

4. The Council of Ministers, by way of regulation:

1) will determine:

a) types, content and procedure for preparing and updating plans,

b) authorities agreeing on the plans and the scope of these arrangements,

c) types of postal operators obliged to reconcile

content of plans,

2) may specify types of postal activities or types of operators

postal services not subject to the obligation to prepare a plan

– taking into account the scope and area of postal activities performed, and size

postal operator and its importance for the economy, defense and security

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state and public security and order, as well as requirements


regarding the plans referred to in section 1.

Art. 84. 1. In the event of a situation of particular threat,


The President of UKE, guided by the size of the threat and the need to limit it
consequences, while maintaining the principle of minimizing the negative impact
obligations imposed on the postal operator may, by way of a decision:
1) impose an obligation on the postal operator to maintain continuity
provision of postal services;
2) order the postal operator to provide certain services free of charge
mail related to removing the effects of the situation
particular risk.
2. The decision referred to in section 1 shall be subject to immediate execution.
3. The decision referred to in section 1:

1) is issued ex officio or at the request of entities coordinating activities


rescue services, entities competent in crisis management matters,
services statutorily established to provide assistance, as well as other entities
carrying out tasks for defense and state security
public security and order;
2) may be announced orally to the postal operator without justification, if
it is required for reasons of defense and national security
public security and order; provision of art. 14 § 2 of the Act of
June 14, 1960 - The Code of Administrative Procedure applies.
4. In the case referred to in section 1 point 2, the minister responsible for
communications provides the postal operator with financial resources from the state budget

necessary to perform the assigned task.

Art. 85. 1. The designated operator is obliged to have a valid


and an agreed plan for cooperating with the military field post in the situation
introduction of martial law or a state of emergency.
2. The designated operator preparing the plan referred to in section 1,
agrees its content with the authorities referred to in the regulations
issued pursuant to section 4, and to the extent specified in these provisions.
3. The plan referred to in section 1, subject to update:

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1) in the event of introducing organizational changes and changes

in the infrastructure of the designated operator or the manner and scope

provision of postal services affecting the implementation of the plan;

2) after obtaining information from the Chief of the General Staff of the Polish Army

regarding changes in the operation of military field mail, intended to

influence on the implementation of the plan.

4. The minister responsible for communications in consultation with the Minister

The National Defense will determine, by way of regulation, the content and procedure

preparing and updating the plan referred to in section 1, the authorities agreeing this

plan and scope of arrangements, taking into account the location of the postal network

designated operator.

Art. 86. 1. The postal operator is obliged to deliver at the request of the President

UKE data regarding the provided postal services necessary for

preparation of communication systems for the state's defense needs, including:

national security management system used for this purpose

infrastructure, human resources, means of transport and equipment

enabling the distribution of postal items, and update

transferred data after each change.

2. Data referred to in section 1, are collected in the database created

and managed by the President of UKE. The database is updated immediately after each one

data change.

3. The minister responsible for communications will determine, by way of regulation,

detailed scope of data referred to in section 1, the form and mode of their delivery

and updating, taking into account the conditions and method of preparation and

use of communication systems for state defense and security needs

transferred data and ensuring their uniform form.

Chapter 8

Liability of the postal operator and complaint procedure

Art. 87. 1. Liability of postal operators for non-performance

or improper performance of the postal service, the Act of April 23 shall apply

1964 - Civil Code, unless the provisions of the Act provide otherwise.

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2. Subcontractor referred to in Art. 6 section 4, shall be owed to the operator

postal liability for non-performance or improper performance

contracts in the field of postal activities such as a postal operator, excluding

art. 92–94. Claims due to the postal operator against such

subcontractors expire after 6 months from the date on which

the postal operator repaired the damage.

3. Postal operator who concluded a contract for the provision of postal services

with the sender, is responsible for non-performance or improper performance of the service

postal mail, unless non-performance or improper performance occurred:

1) due to force majeure;

2) due to reasons occurring on the part of the sender or addressee, not caused by them

the fault of the postal operator;

3) due to a breach by the sender or addressee of the provisions of the Act or

regulations for the provision of postal or universal services;

4) due to the properties of the item being sent.

The postal operator citing one of the reasons listed in points 1-4,

presents proof of its occurrence.

4. The designated operator is responsible for non-performance or improper performance

provision of universal service, unless non-performance or improper performance

occurred as a result of a strike of this operator's employees carried out in harmony

with the regulations in force in this regard.

5. The postal operator is responsible for non-performance or improper performance

postal service within the scope specified by law, unless failure to perform or

improper execution:

1) is the result of a tort;

2) it was caused by the operator's intentional fault;

3) is the result of gross negligence of the operator.

6. The claim for improper performance of the postal service expires

as a result of accepting the postal item without any reservations, unless there are any defects or

damage to the postal item that cannot be noticed from the outside by the authorized person

stated after accepting the shipment and no later than 7 days after accepting it

the parcel submitted a claim to the postal operator and proved that

that any defects or damage to the shipment occurred during the period between acceptance

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shipment by the postal operator in order to provide postal services and its

delivery to the addressee.

Art. 88. 1. For non-performance or improper performance of the service

general public is entitled to compensation:

1) for the loss of a registered item - in the amount requested by the sender, no

higher, however, than fifty times the fee charged by the operator

designated for treating a postal item as a registered item;

2) for the loss of a postal parcel - in the amount requested by the sender, but not higher

however, than ten times the fee charged for sending it;

3) for the loss of a parcel with a declared value - in the amount requested by

the sender, but not higher than the declared value of the shipment;

4) for loss of content or damage to a postal parcel or shipment

registered mail – in the amount requested by the sender or in the standard amount

value of lost or damaged items, but not higher than

the maximum amount of compensation referred to in point 1 or 2;

5) for loss of the contents of a shipment with declared value - in the amount

ordinary value of lost items;

6) for damage to the contents of a shipment with declared value -

in the amount of the ordinary value of the items whose damage was found.

2. Compensations referred to in section 1 point 5 and 6 cannot be higher

than the declared value of the shipment.

3. Compensation for improper performance of the universal service

is also entitled to the delivery of the fastest registered letter item

category later than the 4th day after the date of posting - in the amount

representing the difference between the fee for the fastest category of letter post

given weight range and the fee for such a shipment that is not a shipment

the fastest category in the same weight range.

4. For non-performance or improper performance of the postal service

which is not a universal service is entitled to compensation:

1) for loss, loss or damage to a postal item other than a shipment

with correspondence - in an amount not higher than the ordinary value of the lost items

or damaged items,

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2) for loss, loss or damage to a declared postal item


value - in the amount requested by the sender, but not higher than
declared value of the shipment,
3) for the loss of a shipment of correspondence - ten times the amount
fee for the service, but not less than fifty times the fee for
treating a letter item as a registered item, specified in the service price list
common,
4) for delay in delivery of a postal item in relation to
guaranteed delivery date - in an amount not exceeding
twice the service fee
– unless the provisions of the regulations for the provision of postal services in the scope

compensation amounts are more favorable.


5. Amounts due for unpaid compensation and refund
fees for unprovided postal service, including universal postal service, are subject to
interest in the amount of statutory interest for delay. Interest
are entitled from:
1) in which the thirty-day period for paying compensation expired
counted from the date the complaint is accepted or

2) from the date of delivery of the request for payment.

Art. 89. The postal operator is obliged to pay compensation


in the scope of improper performance of the postal delivery service
delivered in accordance with the procedures specified in the Act of June 14, 1960 - Code

administrative proceedings, the Act of November 17, 1964 - Code of Civil Procedure
(Journal of Laws of 2021, item 1805, as amended6) ), the Act of
June 6, 1997 - Code of Criminal Procedure (Journal of Laws of 2022, item 1375,
as amended7) ) and under the Act of August 29, 1997 - Tax Ordinance (Journal of
Laws of 2022, item 2651, as amended8) , consisting of:

6) Changes to the consolidated text of the said Act were announced in the Journal of Laws Laws of 2021, item
1981, 2052, 2262, 2270, 2289, 2328 and 2459, of 2022, item 1, 366, 480, 807, 830, 974, 1098, 1301, 1371,
1692, 1855, 1967, 2127, 2140, 2180, 2339, 2436, 2600 and 2687 and from 2023 item 289, 326, 403, 535,
556, 614, 739, 803 and 852.
7) Changes to the uniform text of the said Act were announced in the Journal of Laws Laws of 2022, item 1855,
2582 and 2600 and from 2023, item 289, 535 and 818.
8) Changes to the uniform text of the said Act were announced in the Journal of Laws Laws of 2022, item 2707
and from 2023 item 180, 326, 511, 556, 614, 1059 and 1193.

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1) incorrect completion of the document by the postal operator

confirming receipt of the registered shipment by the addressee if

this makes it impossible to determine the correct delivery of the shipment or

2) returning a registered shipment outside the deadline or due to

incorrectly indicated reason

– in the amount of the fee for the registered shipment service together with the fee for

providing confirmation of its receipt and for the return of this shipment, if any

has been downloaded.

Art. 90. In the event of failure to deliver to the addressee by the operator

the designated amount of money specified in the postal order referred to

referred to in art. 15 section 1 point 3, you are entitled to compensation in the amount of

five times the fee charged for sending it. The amount is also refundable

money specified in the postal order.

Art. 91. 1. In the event of failure to provide the postal service, the postal operator

refunds the postal service fee charged in full, regardless of the amount due
compensation.

2. Failure to provide the universal service in the field of registered mail

is, in particular, the delivery of this shipment or notification of its attempted delivery

delivery after 14 days from the date of posting.

3. Until the period referred to in section 2, does not include:

1) public holidays;

2) the period for which the registered shipment was retained by the operator

designated in the cases specified in Art. 36 section 2.

Art. 92. 1. In the event of non-performance or improper performance of the service

the postal service has the right to lodge a complaint:

1) the sender or

2) to the addressee - if the sender waives the right

pursuing claims or when a postal item or an amount of money

specified in the postal order will be delivered to the addressee.

2. The postal operator that concluded a service provision agreement with the sender

post office, provides the opportunity to submit a complaint at each of its branches

postal.

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2a. If an electronic service is provided that enables

filing a complaint is specified by the postal operator in the regulations for the provision of the service

postal service or in the regulations for the provision of universal service

authentication or identification of the person submitting the complaint.

3. A complaint may be filed no later than within 12 months

from the date of sending the postal item or postal order.

4. The minister responsible for communications shall determine, by way of regulation:

1) detailed conditions that the complaint should meet

non-performance or improper performance of the postal service,

2) method of submitting complaints,

3) deadlines for submitting complaints,

4) detailed complaint procedure

– with a view to simplifying the complaint procedures in trade as much as possible

national, ensuring their transparency and the necessary protection of interests

sender and addressee, scope of liability of the designated operator under the title

non-performance or improper performance of universal services and the manner

providing these services.

Art. 93. 1. Complaint procedure in relation to services

postal mail is considered exhausted if the complaint is refused

by the postal operator or failure to pay the claimed amount on time

30 days from the date of acceptance of the complaint.

2. Claims pursued pursuant to the Act shall become statute-barred upon expiration

12 months from the date of sending the postal item or postal order.

3. The limitation period for claims is suspended for the period from the date of submission

complaints until the date of exhaustion of the complaint procedure.

Art. 94. The right to pursue claims specified in the Act within the scope

non-performance or improper performance of the universal service in the proceedings

judicial proceedings or out-of-court dispute resolution proceedings

consumer rights are available to the sender or addressee after the route has been exhausted

complaint procedure.

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Art. 95. 1. Civil law dispute between the sender or the addressee

and the postal operator may be concluded by settlement through proceedings

on out-of-court resolution of consumer disputes.

2. Out-of-court dispute resolution proceedings

consumer protection is conducted by the President of UKE, who is the entity in this respect

authorized to conduct extrajudicial proceedings

resolving consumer disputes within the meaning of the Act of September 23

2016 on out-of-court resolution of consumer disputes (Journal of Laws

pos. 1823).

3. To the extent not regulated, the provisions of the Act of

September 23, 2016 on out-of-court resolution of consumer disputes, including

that a dispute may also be conducted when the sender or addressee is not
taken

4. Out-of-court dispute resolution proceedings

consumer data are conducted at the request of the addressee or the sender or ex officio,

if the protection of the consumer's interest so requires.

5. Request to initiate extrajudicial proceedings

resolution of consumer disputes contains at least the specified elements

in art. 33 section 2 of the Act of 23 September 2016 on out-of-court resolution

consumer disputes, except that the applicant may request presentation

proposals to resolve the dispute to the parties.

6. To the application to initiate extrajudicial proceedings

resolution of consumer disputes, a justification of the party's request is attached

and copies of supporting documents held by the applicant

information included in the application.

7. The President of UKE refuses to consider the dispute if its subject matter

goes beyond the categories of disputes falling within the jurisdiction of the President of UKE.

8. The President of UKE may refuse to consider a dispute if:

1) the applicant did not take any action to initiate it before submitting the application

out-of-court dispute resolution proceedings

consumer attempts to contact the postal and direct operator

resolution of the dispute;

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2) the dispute is trivial or there is a request to initiate proceedings in the case

out-of-court resolution of consumer disputes will result

nuisance for the postal operator;

3) a case involving the same claim between the same parties is pending or

has already been considered by the President of UKE, another competent entity or court;

4) the value of the subject matter of the dispute is lower than the specified financial threshold

in the implementing regulations issued pursuant to section 12;

5) the applicant submitted an application to initiate proceedings in the case

out-of-court resolution of consumer disputes after one year from

the day on which he attempted to contact the postal operator

and direct resolution of the dispute;

6) consideration of the dispute would seriously disrupt the activities of the President

WEEK;

7) the applicant has not exhausted the complaint procedure

in the event of non-performance or improper performance of the service

universal.

9. In the course of out-of-court dispute resolution proceedings

consumer protection, the President of UKE informs the postal operator about the claim

addressee or sender, presents the legal provisions applicable to the parties to the dispute

application to the case and a proposal to resolve the dispute.

10. The President of UKE authorizes the employee of the Communication Office in writing

Electronic to conduct out-of-court proceedings

resolving consumer disputes. Authorized employee of the Office

Electronic Communications is the person conducting the proceedings within the meaning of

Act of September 23, 2016 on out-of-court dispute resolution

consumer. The authorization is granted for a specified period.

11. The President of UKE withdraws from an employee of the Office of Electronic Communications

authorization before the expiry of the period for which it was granted, in the case of:

1) gross violation of the law while performing functions;

2) conviction by a final judgment for an intentionally committed crime or

fiscal crime;

3) illness that permanently prevents the performance of tasks;

4) submitting a resignation.

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12. The minister responsible for communications will determine, by way of regulation:

1) procedure for conducting out-of-court settlement proceedings

consumer disputes,

2) the amount of the financial threshold for the value of the subject matter of the dispute

failure to achieve this may result in refusal to consider the dispute,

3) method of submitting applications to initiate proceedings in the case

out-of-court resolution of consumer disputes,

4) the method of exchanging information between the parties to the proceedings using

electronic means of communication or by post,

5) detailed qualifications of the persons conducting proceedings in the case

out-of-court resolution of consumer disputes and minimum time,

for which the authorization is granted,

6) the deadline for the parties to express their consent to the presented proposal

to resolve the dispute or to comply with it

– having regard to the need to ensure easy access to the proceedings,

efficient resolution of disputes and impartial and independent conduct

proceedings.

Art. 96. (repealed)

Chapter 9

Regulatory accounting, costing and operator accounting

designated

Art. 97. 1. Regulatory accounting and cost calculation shall be conducted

designated operator.

2. The purpose of regulatory accounting, carried out in accordance with the approved one

by the President of UKE, the regulatory accounting instruction is to conduct

separate records enabling the allocation of revenues and costs

operator designated for individual universal services and services

falling within the scope of universal services, other postal services

and other business activities, as well as for reception activities,

sorting, moving and delivering postal items.

3. Regulatory accounting shall be conducted on a consistent basis

applied and objectively justified principles of cost and revenue accounting

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in a way that allows for the identification of internal transfer flows

to the extent referred to in section 2.

4. The purpose of cost calculation, carried out in accordance with the approved by

According to the President of UKE, the description of cost calculation is the calculation by the operator

designated unit costs of individual universal services,

enabling, in particular, the identification of unit costs of activities

accepting, sorting, moving and delivering postal items.

Art. 98. 1. The designated operator is obliged to prepare

and submit for approval to the President of UKE:

1) draft regulatory accounting instructions containing a description of the adopted one

method of assigning revenues and costs by the designated operator,

2) a draft description of cost calculation containing the method of calculating costs

individual individual universal services

– taking into account the objectives set out in Art. 97 section 2 and 4, and the requirements specified

in the regulations issued pursuant to Art. 104.

2. The President of UKE may seek the opinion of independent statutory auditors or

experts in case of doubts regarding the submission submitted by the operator

designated draft regulatory accounting manual or draft description

cost calculation.

3. The President of UKE agrees on the submitted projects with the designated operator

regulatory accounting instructions and description of cost calculation, as follows

and deadlines specified in the regulations issued pursuant to Art. 104, and

approves, by way of a decision, the regulatory accounting instruction and description

cost calculation.

4. In the event of failure to agree with the designated operator of the project

regulatory accounting instructions or draft cost calculation description President

UKE in the decision to approve the regulatory accounting instruction or description

cost calculation may make changes to the one submitted by the operator

designated for approval of the draft regulatory accounting instruction

or draft costing description.

5. The President of UKE, by way of a decision, refuses to approve the instructions

regulatory accounting or costing description where they are not

in accordance with:

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1) the principles of keeping accounting books specified in the Act of


September 29, 1994 on accounting;

2) requirements specified in the Act and in the regulations issued pursuant to


art. 104.

Art. 99. The designated operator shall keep related documentation

with conducting regulatory accounting and cost calculation, using

accordingly, the provisions of Chapter 8 of the Act of 29 September 1994


about accounting.

Article 100. The President of UKE shall determine, by way of a decision, for the designated operator

return on the cost of capital employed, taking into account

documented costs of obtaining capital, position of the designated operator

capital market, the risk associated with the commitment of capital and, if so,

possible, costs of capital commitment on comparable markets, as well as

method of determining the appropriate level of reasonable profit specified

in the European Union regulations regarding state aid under the title

provision of services of general economic interest.

Art. 101. 1. The designated operator shall submit annual reports to the President of UKE

a report on the conducted regulatory accounting containing

in particular, the results of calculating unit costs of individual services

common.

2. The President of UKE may seek the opinion of independent statutory auditors or

experts in case of doubts regarding reliability and credibility

data included in the annual accounting report

regulatory.

3. The annual report on regulatory accounting is subject to

examination of compliance with legal provisions approved by the President of UKE

regulatory accounting instructions and cost calculation description, at cost

designated operator, within 6 months from the end of the financial year,

by an appointed statutory auditor independent of the operator.

4. An independent auditor to conduct the audit referred to

referred to in section 3, shall be appointed by the President of UKE.

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5. Annual report on regulatory accounting,


containing in particular the results of unit cost calculation
individual universal services and the opinion of an independent auditor
from the study referred to in section 3, shall be published on the entity's website
BIP within 8 months from the end of the financial year.
6. Data on the costs of receiving, sorting,
movement and delivery of postal items are not subject to publication.

Art. 102. Based on the opinion of an independent auditor, referred to herein


referred to in art. 101 section 5, the President of UKE shall prepare an annual statement on the matter

compliance of the designated operator's accounting


regulatory framework with the requirements specified in legal regulations and approved

regulatory accounting instructions by the President of UKE and publishes them on the website

subjective BIP.

Art. 103. 1. The President of UKE imposes, by way of a decision, on the operator
designated obligation to submit for publication on the BIP website:
1) approved regulatory accounting manual;
2) approved cost calculation description.
2. The President of UKE in the decision referred to in section 1, specifies, with preservation

requirements for the protection of trade secrets, scope of publication


regulatory accounting instructions so that presentation is ensured
methods of assigning revenues and costs, and description of cost calculation, yes
to ensure presentation of the main cost groups and their methods
assignments to individual universal services.

Art. 104. The minister responsible for communications in consultation with the minister

competent for public finances will determine, by regulation:


1) method of assigning revenues and costs of the operator designated to
individual universal services and services included in the scope
universal services, other postal services and other activities
economic activities, also for receiving, sorting,
movement and delivery of postal items,
2) detailed rules for calculating unit costs of individual services
common,

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3) the procedure and deadline for consultation and approval by the President of UKE of the submitted documents

draft accounting instructions by the designated operator

regulatory and cost calculation description,

4) scope and deadline for submitting the annual report to the President of UKE

from the conducted regulatory accounting, assuming that the data included

in the report are verifiable within the meaning of the Act of September 29

1994 on accounting, including in particular the calculation results

unit costs of individual universal services

– taking into account the reliability, transparency and completeness of the reports

from the conducted regulatory accounting and cost calculation results,

efficiency of reconciling draft regulatory accounting instructions and descriptions

cost calculation and the need to protect entities using services

postal services against abuse of position by the designated operator

market, as well as the need to enable the President's inspection activities

UKE towards the activities performed by the designated operator.

Art. 105. 1. The designated operator shall keep accounting in accordance with the Act
of September 29, 1994 on accounting.

2. The designated operator prepares an annual financial report, which:

is subject to audit by a certified auditor.

3. The designated operator is obliged to submit to the President of UKE,

no later than July 31 of each year for the previous year audited by

statutory auditor, financial statements, to the extent consistent with the Act,

referred to in section 1.

4. The designated operator publishes the annual financial report in accordance with

with the act referred to in section 1.

Chapter 10

Net cost calculation and financing of the service obligation

common

Art. 106. 1. Total net cost of the obligation to provide services

common, hereinafter referred to as "net cost", is the difference between

the reasonable net cost of the activities of the covered designated operator

obligation and the net cost of operations of the same provider

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postal services, but not covered by the universal service obligation

less indirect benefits related to the provision of services

general rights and benefits arising from special or exclusive rights

granted to the designated operator.

2. The net cost of the universal service obligation is calculated

separately for the components of the universal service obligation

under the operating conditions of the designated operator covered by the obligation

provision of universal services and without this obligation.

3. Components of the obligation to provide universal services, referred to in:

referred to in section 2, are the obligations listed in Art. 46 and art. 51 section 1 and each

an obligation imposed on the operator designated by law or decision

the President of UKE in connection with the provision of universal services.

4. The net cost is the sum of the net costs of individual components

universal service obligation less the benefits referred to


referred to in section 1.

5. In calculating the net cost, the designated operator takes into account:

1) costs related to the provision of universal services;

2) revenues from the provision of universal services;

3) indirect benefits related to the provision of universal services;

4) benefits resulting from special or exclusive rights granted

designated operator.

6. In calculating the net cost, the designated operator may include a reasonable cost

profit calculated on the basis of the return on the cost of capital employed,

referred to in Art. 100.

7. The designated operator does not include it in the calculation of the net cost

provision of postal services statutorily exempt from service fees

postal.

Art. 107. 1. The designated operator is obliged to prepare

and submitting the draft cost calculation description to the President of UKE for approval

net containing the method of its calculation, in accordance with the regulations issued on

pursuant to art. 120.

2. The President of UKE agrees on the submitted project with the designated operator

description of net cost calculation, in the manner and within the deadlines specified in the regulations

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issued pursuant to Art. 120, and approves, by way of a decision, the description of the calculation
net cost.

3. The President of UKE may seek the opinion of independent statutory auditors or

experts in case of doubts regarding the submission submitted by the operator

designated design description for net cost calculation.

4. In the event of failure to agree on the draft description with the designated operator

calculation of the net cost. The President of UKE in the decision approving the description of the calculation

net cost may make changes to the one submitted by the designated operator

for approval of the draft description of the net cost calculation.

5. The President of UKE refuses, by way of a decision, to approve the calculation description

net cost if compliance with:

1) the principles of keeping accounting books specified in the Act of

September 29, 1994 on accounting;

2) requirements specified in the Act and in the regulations issued pursuant to


art. 120.

Art. 108. 1. The net cost is financed from the state budget in the form of a subsidy

purpose-built, on the terms specified in the Act of August 27, 2009 on Finance

public.

2. The subsidy referred to in section 1, is paid by the competent minister

for communications at the request of the designated operator.

Art. 109. 1. Financing of the net cost is launched when

the provision of universal services resulted in a loss, understood as a negative result

on the sale of these services.

2. The net cost is financed up to the maximum amount of the loss

provision of universal services, taking into account the principles set out in Art. 106.

3. (repealed)

4. Financing referred to in section 1, constitutes public aid, which

may be granted in accordance with the provisions contained in the Commission decision

European Union, issued as a result of the notification, during the period in which this decision is valid.

Art. 109a. 1. Initial payment towards net cost financing may

be activated, at the request of the designated operator, before the decision is issued

European Commission referred to in Art. 109 section 4.

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2. The minister responsible for communications may initiate an initial payment,

referred to in section 1, after obtaining information about the amount of net cost and loss,

referred to in Art. 109 section 2, verified by an independent expert

auditor in accordance with Art. 112 section 3, provided by the President of UKE upon request

minister responsible for communications.

3. The President of UKE shall provide the information referred to in section 2, on time

7 days from receiving the request of the minister responsible for communications.

4. The amount of the initial payment referred to in section 1, may not exceed

determined as a result of the verification carried out in accordance with Article 112 section 3 amounts

net cost, and where this amount is higher than the amount of loss referred to

referred to in art. 109 section 2 – the amount of this loss.

5. The amount of the initial payment referred to in section 1, reduces the amount

financing of the net cost provided to the designated operator.

6. Within 30 days from the date of announcement of the European Commission's decision,

referred to in Art. 109 section 4, the minister responsible for communications verifies

compliance of the financing referred to in paragraph 1, with its provisions.

7. If, as a result of the verification referred to in section 6, minister

competent for communications finds that the financing in question is incompatible

in paragraph 1, with the provisions of the decision of the European Commission referred to

in art. 109 section 4, the subsidy is refundable to the state budget on the following terms

specified in the Act of 27 August 2009 on public finances, together with

with interest calculated using the interest rate applicable to

purposes of repayment of aid, determined in accordance with the provisions of Chapter V

Commission Regulation (EC) No 794/2004 of 21 April 2004 on

implementation of Council Regulation (EU) 2015/1589 laying down detailed

rules of application of art. 108 of the Treaty on the Functioning of the European Union (Journal of Laws

UE L 140 of 30/04/2004, page 1, as amended. died – Journal Device EU Polish edition

special, ch. 8, vol. 4, page 3), starting from the date of transfer of the subsidy to the account

designated operator.

Art. 110. 1. The designated operator is obliged to inform the minister

responsible for communications, annually, by March 1,

about the forecast amount of net cost and loss in the next year on services

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common, presenting a preliminary calculation of the amount of this forecast along with
with justification.

2. The information referred to in section 1, is also forwarded to the President


WEEK.

Art. 111. The designated operator is obliged to submit to the President of UKE,

by March 31, a corrective action plan to avoid

occurrence of a forecast loss on the provision of universal services.

Art. 112. 1. If the designated operator applies for financing referred to in

referred to in art. 109 section 1, shall be submitted to the President of UKE within 7 months from

the end of the financial year in which the loss on services occurred

universal, an application for the activation of net cost financing and submits

The following documents:

1) calculation of net cost and loss on universal services;

2) bills and other documents serving as the basis for calculating the net cost

and universal service losses, as audited by an independent

auditor's financial statements for the previous financial year.

2. (repealed)

3. To verify the submitted documents referred to in

referred to in section 1, the President of UKE shall appoint an independent statutory auditor.

4. Verification of the submitted documents referred to in section 1,

is performed at the expense of the designated operator.

5. The President of UKE, within 4 months from the date of receipt of the application

and documents referred to in section 1, after verification of these documents, it is issued

a decision in which:

1) specifies the amount of the verified net cost and loss in question

in art. 109 section 2;

2) determines the amount of net cost financing due.

6. The President of UKE shall immediately notify the decision referred to in section 5,

the minister responsible for communications.

Art. 113. (repealed)

Art. 114. (repealed)

Art. 115. (repealed)

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Art. 116. (repealed)

Art. 117. (repealed)

Art. 118. (repealed)

Art. 119. In the event of financing the net cost for a given year

The President of UKE immediately publishes the report on the BIP website

including final findings regarding:

1) net cost and loss on universal services;

2) verification of documents referred to in Art. 112 section 1;

3) (repealed)

4) the amount of financing of the net cost transferred to the operator

designated;

5) valuation of the designated operator's indirect benefits resulting from

provision of universal services;

6) valuation of benefits resulting from special or exclusive rights

granted to the designated operator.

Art. 119a. (repealed)

Art. 120. The minister responsible for communications in consultation with the minister

competent for public finances will determine, by regulation:

1) detailed rules for calculating net cost,

2) scope of the project description of net cost calculation,

3) the procedure and deadlines for the preparation and approval by the President of UKE

description of the net cost calculation by the designated operator of the project,

4) indirect benefits of the designated operator resulting from the provision of services

common and the method of counting them,

5) benefits resulting from special or exclusive rights granted

designated operator and the method of counting them,

6) mode of payment of net cost financing

– taking into account the compliance of the method of calculating the net cost with EU regulations

European Union, regarding the principles of development of the internal market for postal services

European Union, in particular with regard to the rights of the designated operator

reasonable profit and incentives to increase its cost effectiveness,

taking into account indirect benefits resulting from the provision of services

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universal, compliance with state aid regulations, scope of obligation

provision of universal services referred to in Art. 46, and in the regulations

implementing regulations issued pursuant to Art. 47, completeness of the calculation description

net cost, as well as the efficiency of agreeing on its design.

Chapter 11

Control of postal activities

Art. 121. The control of the entrepreneur's economic activity shall apply

provisions of Chapter 5 of the Act of March 6, 2018 - Entrepreneurs' Law.

Art. 122. 1. The President of UKE is authorized to control compliance

regulations and decisions in the field of postal activities.

2. The President of UKE shall control:

1) postal activities performed pursuant to the Act:

a) in the scope of providing postal services,

b) within the scope of application by the universal service provider

requirements regarding the processing time of postal shipments, which are referred to herein

referred to in the implementing regulations issued pursuant to Art. 47

point 1,

c) to the extent provided by the operator providing the services

universal access for disabled people to the services provided

common as part of the obligation referred to in Art. 62,

d) for compliance with the conditions required for performance

postal activities,

e) in the scope of setting prices for access to elements of postal infrastructure,

f) in the scope of performance of operators providing postal services

from the obligations referred to in Art. 21 section 4 and art. 49 section 2,

g) fulfilling obligations for the defense and security of the state

and public security and order;

2) in order to detect activities carried out without the required entry to

registry.

Art. 123. 1. Employees of the Office, hereinafter referred to as "UKE employees",

is entitled to, upon presentation of an official ID and delivery of the certificate issued by

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the President of UKE, written authorization to carry out the inspection right to

related to the scope of control:

1) access to materials, documents and data subject to control, as well as

making copies thereof;

2) access to facilities, real estate and controlled premises

units;

3) inspecting, weighing and checking postal items

the amount of the fee charged by the postal operator.

2. Inspection activities may be carried out by persons who have them

specialist knowledge, who are not UKE employees, on the basis of the information provided

authorizations from the President of UKE and after presenting the document

confirming their identity.

3. The controlled entrepreneur is obliged to ensure the conditions

necessary to conduct the inspection efficiently and make it available to employees

UKE and the persons referred to in section 2, materials, documents and data

subject to inspection, as well as provide the necessary information.

4. Inspection activities are carried out in the presence of the inspected person

the entrepreneur or a person authorized by him.

5. Inspection activities should be carried out in a manner

not causing disruptions in the functioning of the controlled entrepreneur.

If the scope or date of the inspection is unfavorable

impact on the quality of services provided by the controlled entrepreneur,

the need to take such action should be justified in the protocol,

referred to in section 6.

6. The inspector prepares an inspection report.

7. The inspection report is also signed by the inspected entrepreneur or person

authorized by him.

8. The inspected entrepreneur may submit reservations to the report

and comments along with justification within 30 days from the date of delivery of the report.

9. In case of refusal to sign the protocol by the persons concerned

in paragraph 7, the inspector shall mention it in the report and the person refusing to sign it shall do so

may, within 7 days from the date of refusal to sign the protocol, present its views

position in writing to the President of UKE.

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Art. 124. 1. If it is found that postal services are provided without

required entry in the register, the President of UKE issues a decision ordering

suspension of activities. The decision is subject to immediate implementation.

2. The provisions of section 1 shall not apply in the situation specified in Art. 13 section 4a.

Art. 125. 1. In the event of a violation of regulations or decisions

regarding postal activities, the President of UKE issues a decision specifying the scope

violations and the deadline for removing the irregularities. The decision may determine the method

removal of irregularities.

2. In the event of a violation of regulations or decisions regarding

postal activities whose nature and scale do not pose a threat to security

postal traffic and important interests of entities using the services

postal or postal operators, the President of UKE instead of the decision referred to

referred to in section 1, may issue post-inspection recommendations calling on the operator

postal service to remove violations or provide explanations. Removal of violations

or explanations should be provided within 14 days from the date of delivery

recommendations.

3. If the violations indicated in the post-inspection recommendations were repeated

in the past, the President of UKE may specify a shorter deadline for removing the violations or

providing explanations, but not shorter than 7 days.

4. If, within the period specified in the post-inspection recommendations, the operator

the post office will not remove the indicated violations or the explanations provided will prove to be ineffective

insufficient, the President of UKE issues the decision referred to in section 1.

Chapter 11a

Conditions for performing information obligations arising from

from Regulation 2018/644

Art. 125a. Operator providing parcel delivery services within the meaning of Art. 2

point 3 of Regulation 2018/644, hereinafter referred to as the "operator", provides the required information

this regulation, information and documents to the President of UKE.

Art. 125b. Within the threshold of 50 persons referred to in Art. 4

paragraph 6 of Regulation 2018/644, the operator takes into account people working for its own

subcontractors within the meaning of Art. 2 point 4 of Regulation 2018/644.

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Art. 125c. Operator starting to provide parcel delivery services

provides the information referred to in Art. 4 section 1 of Regulation 2018/644,

immediately after the date of commencement of the provision of these services.

Chapter 12

Financial penalties

Art. 126. 1. An entity that:

1) carries out postal activities without the required entry in the register;

2) does not provide the information or documents in question

in art. 10 section 1, art. 43 section 1, 5 and 5a, art. 50 or art. 86 section 1;

3) uses postage stamps not included in the list of fee stamps

postal mail or signs inconsistent with the requirements of the Act;

4) being a postal operator, it violates the obligation to maintain secrecy

postal;

5) violates the obligation to mark postal items as referred to

in art. 20 section 1;

6) does not submit the draft regulations for the provision of services to the President of UKE

universal services or its changes or the draft price list for universal services or

its changes;

7) does not provide regulations for the provision of postal services or a price list of services

postal mail in the manner referred to in Art. 21 section 5;

8) applies fees for universal services exceeding the annual maximum

the levels of these fees, and in the event that the President of UKE issues consent to

changing the price list of universal services resulting in exceeding these

levels apply fees higher than those specified in the price list covered by the consent;

9) applies special tariffs inconsistent with the criteria specified in the regulations

provision of universal services;

10) violates the rules for dealing with undeliverable items specified

w art. 33;

11) violates the principles specified in Art. 34;

12) does not submit the draft regulations for access to elements to the President of UKE

postal infrastructure or its changes or the draft access price list

elements of postal infrastructure or its changes;

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13) fails to fulfill obligations related to national defense and security

public security and order referred to in Art. 82 section 1,

art. 83, art. 85 and art. 86 section 1 or in decisions issued pursuant to Art. 82

paragraph 2 and art. 84 section 1;

14) does not fulfill obligations related to accounting

regulatory or cost calculation referred to in Art. 98 section 1, art. 101

paragraph 1 and art. 107 section 1;

15) did not remove the irregularities within the deadline specified in the decision referred to
in art. 125 section 1.

2. An entity that:

1) submits a false or incomplete declaration referred to in Art. 10 section 1,

the report referred to in Art. 43 section 1 and 5, the statement referred to

referred to in art. 43 section 5a, information referred to in Art. 50, data about which

referred to in art. 86 section 1,

2) submits the notification referred to in Art. in breach of the deadline. 10 section 1

points 2 and 3, the report referred to in Art. 43 section 1 and 5, statement,

referred to in Art. 43 section 5a, information referred to in Art. 50,

3) submits documents incompletely or in violation of the deadline,

referred to in Art. 112 section 1,

4) does not follow the post-inspection recommendations

– if the nature and scale of these violations constitute a significant obstacle to implementation

by the President of UKE regulatory and control tasks relating to the market

postal services requiring the use of this information, data or


documents.

3. A designated operator who violates the obligation shall be subject to a financial penalty

provision of universal services referred to in Art. 46 section 2 point 2

lit. ai point 3. The President of UKE may waive from imposing a penalty, taking into account

economic situation, current financial situation of the designated operator,

including the provision of universal services and labor market conditions

and maintaining the continuity of universal service provision. In case of

breach of the obligation referred to in Art. 46 section 2 point 3, President of UKE,

when refraining from imposing a penalty, it also takes into account the results of the tests referred to

referred to in art. 52 section 1, from the last two years, and the size of the difference between

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applicable and achieved indicators and actions taken by the operator on

to improve the achieved indicators.

4. The amount of the fine may not exceed 2% of total revenues

achieved:

1) by the postal operator from postal activities in the financial year

preceding the imposition of a penalty;

2) from business activities in the financial year preceding the imposition

penalties in the case of an entity conducting postal activities without

required entry in the register and the entity that in the financial year

prior to the imposition of the penalty, he did not engage in postal activity.

5. If the period of postal activity is shorter

than 12 months, the basis for assessing the financial penalty is the equivalent

the amount of EUR 500,000, expressed in PLN and determined using the exchange rate

average announced by the National Bank of Poland in force on

issuing a decision imposing a penalty.

6. Regardless of the financial penalty referred to in section 1, financial penalty

subject to which is a natural person who is an entrepreneur, a member of the management board of a company

commercial, director of the company, partner of a general partnership,

general partner in a limited partnership or limited joint-stock partnership in a situation where

when a subordinate controlled entity makes it impossible or difficult to carry out

inspection, despite the person being notified about the inspection by the inspector.

7. The amount of the financial penalty referred to in section 6, may not exceed

300% of the remuneration received by the punished person, calculated according to the rules

applicable when determining the cash equivalent for leave, and in a situation

when the punished person does not receive remuneration in connection with the function performed or

activity performed, the amount of the penalty may not exceed

ten times the minimum wage within the meaning of the regulations

Act of 10 October 2002 on minimum wages

(Journal of Laws of 2020, item 2207).

8. When determining the amount of the fine, the President of UKE takes into account the degree

the harmfulness of the act, the entity's current activity and the amount

revenue obtained from business activities in the financial year

preceding the imposition of a sentence.

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Art. 126a. 1. An entity that fails to transfer shall be subject to a financial penalty

information or documents or provides incomplete or false information

information referred to in Art. 4 section 1–3, art. 5 section 1 i art. 6

paragraph 5 of Regulation 2018/644.

2. The amount of the fine may not exceed 2% of the revenue

from business activities achieved by the entity referred to in section 1,

in the financial year preceding the imposition of the penalty.

3. If the entity referred to in section 1, in the financial year

prior to the imposition of the penalty, he did not generate any business income

business or when the period of conducting business activity during this period

entity is shorter than 12 months, as the basis for assessing a financial penalty

the equivalent of EUR 500,000, expressed in PLN and determined

using the average exchange rate announced by the National Bank of Poland

in force on the day of issuing the decision imposing the penalty.

4. The provisions of Art. shall apply to determine the amount of the fine. 126 section 8.

Art. 127. 1. Anyone who fails to fulfill the obligation shall be subject to a financial penalty

placing a drop-off mailbox or places a drop-off mailbox

postal mail that does not meet the requirements referred to in Art. 40.

2. The financial penalty is imposed after an inspection initiated on

on the basis of a notification of a breach of the obligations referred to in section 1.

3. The amount of the financial penalty ranges from PLN 50 to PLN 10,000.

When determining the amount of the financial penalty, the President of UKE takes into account the degree

harmfulness of the act.

4. The President of UKE may waive from imposing a penalty if the degree

the harmfulness of the act is negligible and the entity has stopped violating the law or

fulfilled the obligation.

Art. 128. 1. Fines are imposed by the President of UKE by way of a decision.

2. The entity referred to in Art. 126 and art. 126a, is obliged to

delivery to the President of UKE, at his request, within 30 days from the date

delivery of the request, data necessary to determine the basis for the penalty

money. In the event of failure to provide data or data delivery

making it impossible to determine the basis for assessing the fine, the President of UKE

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determines the basis for assessing the financial penalty in an estimated manner, but not less

however than:

1) 250% of the average salary in the corporate sector from December

the previous year, announced by the President of the Central Office

Statistical in the Official Journal of the Republic of Poland "Monitor

Polish” – in the cases referred to in Art. 126 section 6 and 7;

2) the equivalent of EUR 500,000, expressed in PLN and determined at

using the average exchange rate announced by the National Bank of Poland

in force on the day of issuing the decision imposing a financial penalty -

In other cases.

3. The financial penalty shall be paid within 14 days from the date on which the decision is made

on imposing the penalty became final.

4. Fines not paid on time along with late payment interest

are subject to recovery in the manner specified in the provisions on proceedings

enforcement in administration.

Art. 129. 1. The President of UKE shall issue a decision imposing a financial penalty

within the period referred to in Art. 189g § 1 of the Act of June 14, 1960 -

Code of Administrative Procedure, counted from the date of detection of violations,

referred to in Art. 126–127.

2. The President of UKE may appeal against the decision to impose a financial penalty

appeal to the District Court in Warsaw - competition protection court

and consumers, within 14 days from the date of delivery of the decision.

3. The obligation to pay a financial penalty expires after 5 years

from the date on which the decision to impose a financial penalty became final.

Art. 130. Proceeds from fines constitute the income of the state budget.

Chapter 13

Changes in applicable regulations

Articles 131–177. (omitted)

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Chapter 14

Transitional and final provisions

Art. 178. 1. Poczta Polska SA performs the duties of the designated operator

within a period of 3 years from the date of entry into force of this Act.

2. During the period referred to in section 1:

1) requirements regarding maintaining shipment time indicators

postal services specified in the regulations issued pursuant to Art. 47

point 1 does not apply to Poczta Polska SA;

2) shipment time indicators obtained by Poczta Polska SA

in a given year cannot be lower than those obtained in 2012.

Art. 179. 1. Poczta Polska SA receives a subsidy from the state budget

subjective to activities involving the provision of universal services

postal services, if their provision resulted in a loss in 2012.

2. The amount of the subsidy is determined by the Budget Act for 2013, with the amount

subsidies cannot exceed the difference between the costs of universal services

postal services and related revenues.

3. Poczta Polska SA is obliged to report to the minister responsible for

communications matters, the amount of the loss incurred in 2012 on the benefit

universal postal services by April 15, 2013

4. The subsidy for 2012 is awarded by December 31

2013 on the basis submitted by the President of UKE, by

On November 30, 2013, the minister responsible for communications:

1) a copy of the report audited by an independent auditor

financial public operator for 2012;

2) information on meeting the requirements for universal benefits

postal services referred to in the Act repealed in Art. 191;

3) information about the verification of the requirements for conducting by

public operator of accounting books and cost accounting, referred to herein

referred to in art. 52 section 1 and 2 of the Act repealed in Art. 191.

5. The subsidy referred to in section 1, may be granted during the period

validity of the European Commission's positive decision on its compliance

with the internal market.

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Art. 180. 1. Register of postal operators kept pursuant to Art. 6

paragraph 2 of the Act repealed in Art. 191 becomes the register of postal operators

within the meaning of this Act.

2. Entries in the register of postal operators kept on the basis of

art. 6 section 2 of the Act repealed in Art. 191 become entries in the register of operators

postal services within the meaning of this Act.

3. Within 6 months from the date of entry into force of this Act, the President of UKE

will adjust the register of postal operators kept pursuant to Art. 6 section 2

Act repealed in Art. 191 to the requirements of this Act.

Art. 181. Entrepreneurs who, on the date of entry into force of this Act

perform postal activities on the basis of issued permits

entrepreneurs conducting business on the basis of an entry in the register

postal operators.

Art. 182. 1. Applications for a permit submitted before the entry date

entry into force of this Act shall be considered as applications for entry into the register of operators

postal services within the meaning of this Act.

2. If the application referred to in section 1, or an application for entry

to the register does not meet the requirements provided for in the provisions of this Act,

The President of UKE calls on the entrepreneur to complete the application within 90 days

the day of receiving the request. Applications not completed on time will be left without

consideration.

Art. 183. To the plan for the issuance of postage stamps and changes to these plans for years

2013–2015, the previous provisions apply.

Art. 184. Postal operators are obliged to adapt their regulations

provision of postal services, regulations for the provision of universal services

postal services and concluded contracts for the provision of postal services or

universal postal services to the requirements of this Act and submit

these regulations to the President of UKE within no more than 6 months from the date

entry into force of this Act.

Article 185. 1. Postal operators are obliged to submit to the President of UKE,

by March 31, 2013, reports on postal activities


w 2012 r.

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2. For the reports referred to in section 1, the provisions shall apply

previous ones.

Art. 186. 1. Operator providing universal postal services in 2012.

submits to the President of UKE, by March 31, 2013, a statement in favor of

2012 regarding meeting the requirements for keeping accounting books

and cost accounting in a way that allows cost calculation:

1) separately for each service from the reserved area;

2) collectively for non-reserved services, separated into:

a) universal postal services,

b) not belonging to universal postal services.

2. The President of UKE verifies the implementation of the requirements referred to

referred to in section 1, and in the regulations issued pursuant to Art. 52 section 2 of the Act

repealed in Art. 191.

3. The President of UKE publishes on the BIP website the declaration regarding:
referred to in section 1.

4. Public operator within the meaning of the Act repealed in Art. 191 is

obliged to submit to the President of UKE no later than July 31

2013, audited financial statements for the year

2012, to the extent consistent with the Act of September 29, 1994 on Accounting

and from paragraph 1 and regulations issued pursuant to Art. 52 section 2 of the Act being repealed

w art. 191.

Art. 187. Delivery mailboxes referred to in Art. 40 section 3,

not meeting the requirements specified in the regulations issued pursuant to Art. 40

paragraph 5 can be used until they are replaced.

Art. 188. 1. Postal operators are obliged to prepare

and agreeing on the plans referred to in Art. 83 and art. 85, within 18 months

from the date of entry into force of this Act.

2. Until the plans referred to in Art. 83 and art. 85,

plans drawn up pursuant to Art. remain in force. 42 section 1 and 2 of the repealed Act
w art. 191.

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Art. 189. For cases initiated under the provisions of Art. 31 section 4, art. 49

paragraph 2, art. 51 section 3 and art. 68 of the Act repealed in Art. 191 and unfinished to date

entry into force of this Act, the existing provisions shall apply.

Art. 190. 1. Existing implementing regulations issued on the basis of

art. 30 section 3, art. 34 section 3, art. 37 section 5, art. 41 section 3, art. 42 section 3 and 4, art. 46

paragraph 3, art. 52 section 2, art. 61 section 3 of the Act repealed in Art. 191, remain in force until

the time of entry into force of the implementing regulations issued pursuant to Art. 12,

Art. 19 ust. 2, art. 26 ust. 2, art. 40 ust. 5, art. 43 ust. 7, art. 47, art. 55 ust. 5, art. 72

paragraph 3, art. 82 section 3, art. 83 section 4, art. 85 section 4 and art. 92 section 4 of this Act, no

however, longer than 12 months from the date of its entry into force.

2. Existing implementing regulations issued pursuant to Art. 8931 § 5

the Act referred to in Art. 1349) , remain in force until the implementing provisions issued

pursuant to Art. 8931 § 5 of the Act referred to

referred to in art. 1349) , in the wording given by this Act, but no longer than

for 12 months from the date of its entry into force.

3. Existing implementing regulations issued pursuant to Art. 86a § 3

the Act referred to in Art. 13510) , remain in force until they enter into force

implementing regulations issued pursuant to Art. 86a § 3 of the Act referred to

referred to in art. 13510), in the wording given by this Act, but no longer than

for 12 months from the date of its entry into force.

4. Existing implementing regulations issued pursuant to Art. 6 section 4

and art. 7 section 10 of the Act referred to in Art. 16911) , remain in force for some time

entry into force of implementing regulations issued pursuant to Art. 6 section 4 and art. 7 section 10 of

the Act referred to in Art. 16911) , as amended hereby

the Act, but no longer than 12 months from the date of its entry into force.

Art. 191. The Act of 12 June 2003 - Postal Law (Journal of Laws of 2008, item 1159, as

amended12) is hereby repealed .

9) Article 134 contains amendments to the Act of 17 November 1964 - Code of Conduct
civil.
10) Article 135 contains amendments to the Act of 17 June 1966 on proceedings
enforcement in administration.
11) Article 169 contains amendments to the Act of 21 April 2005 on license fees.
12) Changes to the uniform text of the said Act were announced in the Journal of Laws Laws of 2009, item 97
and 1323, of 2010, item 278 and 1228, of 2011, item 622 and 1016 and from 2012, item 951, 1194 and 1445.

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Article 192. The Act enters into force on January 1, 2013.

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