UNMIK REGULATION NO. 2003/37 ON THE PROMULGATION OF THE LAW ON POSTAL SERVICES ADOPTED BY THE ASSEMBLY OF KOSOVO

Transcription

1 UNITED NATIONS United Nations Interim Administration Mission in Kosovo UNMIK NATIONS UNIES Mission d Administration Intérimaire des Nations Unies au Kosovo UNMIK/REG/2003/37 17 December 2003 REGULATION NO. 2003/37 ON THE PROMULGATION OF THE LAW ON POSTAL SERVICES ADOPTED BY THE ASSEMBLY OF KOSOVO The Special Representative of the Secretary-General, Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999, In conformity with paragraphs 8.1, and of the Constitutional Framework for Provisional Self-Government (UNMIK Regulation No. 2001/9), Taking into account a communication from the President of the Assembly of Kosovo, dated 4 November 2003, concerning the Law on Postal Services adopted by the Assembly of Kosovo on 9 October 2003, Noting that the provisions of the Law shall be without prejudice to the postal services provided within UNMIK, KFOR, and offices or missions in Kosovo of foreign governments and international organizations, Hereby promulgates effective as of the date of signature the Law on Postal Services (Law No. 2003/18) attached to the present Regulation, provided that for the purposes of implementation: (a) Articles 6, 7, 13 and Chapter V shall be interpreted in conformity with paragraphs 8.1(q) and (r) of the Constitutional Framework, UNMIK Regulation No. 2002/12 of 13 June 2002 on the Establishment of the Kosovo Trust Agency and UNMIK Regulation No. 1999/12 of 14 October 1999 on the Provision of Postal and Telecommunications Services in Kosovo, which govern management oversight and regulatory responsibilities in respect of public- and socially-owned enterprises; (b) Articles 5, 6.2.6, and 7.8 concerning activities in the field of international cooperation shall be interpreted in conformity with paragraphs 8.1 (m), (n), (o) and (p) of the Constitutional Framework; and (c) Articles 8.5(a), (b), (f) and (g) shall be interpreted in conformity with paragraphs 8.1 (x) and 11.1 (d) of the Constitutional Framework, UNMIK Regulation No. 1999/20 of 15 November 1999, as amended, on the Banking and Payments Authority of Kosovo, UNMIK Regulation No. 1999/21 of 15 November 1999 on Bank Licensing, Supervision and Regulation and UNMIK Regulation No. 2001/25 of 5 October 2001 on Licensing, Supervision and Regulation of Insurance Companies and Insurance Intermediaries, which govern the relevant activities. Signed on this 17 th day of December Harri Holkeri Special Representative of the Secretary-General

2 2 PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT LAW No / 18 ON POSTAL SERVICES Assembly of Kosovo, Based on UNMIK Regulation No. 2001/9 of May 15, 2001 on Constitutional Framework for Interim Self-Government in Kosovo, particularly based on articles 5.1 (h), 5.7,9.1, 26 (a), 9.3.3, and In order to develop a modern postal service in Kosovo, which will be based on free market economy and in compliance with best international experiences, Approves: LAW ON POSTAL SERVICES CHAPTER I GENERAL PROVISIONS Article 1 Subject of the Law This Law will govern provision of Postal activities in Kosovo. Purpose of this Law is to: Article 2 Purpose 1. Ensure offering of universal Postal Services on the whole territory of Kosovo. 2. Protect users interests and make sure that users are treated equally and in the nondiscrimination manner. 3. Encouraging of free and effective competition for offering of Postal Services 4. Encouraging the continuation of service quality improvement 5. Ensure full secrecy of correspondence for service users.

3 3 Article 3 Definitions According to this Law, hereunder mentioned definitions shall have the following meaning: 1. Postal Services means services payable for carriage of addressed postal letter items and parcels until 20 kg weight each. Postal Services are also services payable, and provided by means of distribution of Postal items. 2. Universal Postal Service means, payable services of distribution of ordinary mail items such as letters up to two kg, addressed parcels up to 20 kg, postal money orders and insured registered items. Maximum weight of parcels coming to Kosovo through mail service can not exceed 20kg each. 3. Postal Item means any kind of an item processed by postal operator (letter mail items, parcels, money orders etc) 4. Delivery is any kind of planned activity of processing, transport and delivery of postal items to the addressee. 5. Letter mail items are letters, postcards, printed matters, materials for blind people and small parcels. 6. Ordinary mail items are any kind of postal items, which is not associated with registered mail service or with any other special service. 7. Special mail service means registered service, advice on delivery, airmail, EMS, cash on delivery, fragile, to the addressee personally. 8. Value added services are services differing from universal and special ones, and as well new services executed by the Service Provider according to its rules of business. 9. Direct Mail means a communication provided only by advertisements or by a marketing, containing template messages with no user s name, address nor other data, which do not change nature of message, and which are to be send to a significant number of persons. 10. Postal Agent means a physical or a legal entity, authorized by Service Provider to provide postal services. 11. Public Mail Network represents a unification of technical liaison, Post Offices activities, and transport services used by Public Mail Operator. 12. Postal market means a market for provision of postal services on a profitable basis. 13. Public Mail Operator means any legal entity, offering universal postal services to public, according to an agreement signed with the Minister. 14. Reserved Mail Services means services provided exclusively by a Public Mail Operator in order to provide universal services of receipt, process, transport and delivery of mail items in domestic traffic with a tariff higher for 3,5 times that the public tariff for an item having the lowest weight and the fastest mode of delivery, if such a mode of delivery exists, but under the condition that an item weight is less than 2kg each. 15. Service Provider means a physical or a legal entity offering mail services to public. 16. User means any physical or a legal, which uses mail services. 17. DP (Department of Post) means the Ministerial Department responsible for postal policy and regulation of mail services activities. 18. Ministry means Ministry of Transport and Communications 19. Minister means the Minister of the Ministry of Transport and Communications. 20. Budget means Kosovo Consolidated Budget. 21. Mail Box means postal boxes installed at public places, used for further distribution of mail items.

4 4 Article 4 Use of Mail Services All individuals in Kosovo are entitled to use mail services on equal basis and in compliance with provisions of this Law. Article 5 International Mail Service International Postal Services shall be provided in compliance with provisions of this Law and international standards pertaining to postal services. CHAPTER II ROLE OF THE MINISTRY IN POSTAL SECTOR Article 6 Role of the Ministry 6.1.Ministry through the Minister determines the Policy and strategy for development of Post and governs postal sector in Kosovo. 6.2.Within Postal domain the Minister accomplishes as follows: 1. Makes proposals to Government on strategy of development of Post and of legislation for governing of mail service activities. 2. Approves procedures for completion of payments and award of licenses for provision of postal services. 3. Makes proposals to Government on approval of postal tariffs for universal and reserved mail services. 4. Gives proposals to Government on measures necessary for provision of universal postal services. 5. Signs agreements with Public Mail Operator on its tasks and duties in provision of universal services. 6. In coordination with UNMIK, represents the Ministry to International Mail Organizations and signs International Agreements pertaining to postal sector. Article 7 Department of Post Department of Post, which does also the function of Regulator until 2008, is under the responsibility of the Ministry and provides the following activities: 1. Determines policies on development of postal sector and ensures organizational conditions for their implementation by encouraging investments in Postal Sector. As a regulatory body shall have a particular task ensuring full compliance with obligations arising from European Union Directives and where necessary must execute control and specific procedures for ensuring that reserved services are respected. It must ensure fair and transparent competition within postal services. 2. Proposes norms and postal service quality indicators, ensures research activity and international recommendations for their improvement.

5 5 3. Make proposals to the Ministry on awarding of licenses and monitors completion of requirements of this Law by Service Providers. 4. Monitors development of postal market and conditions for offering of universal services and based on that makes a review about the scope of reserved services and makes proposals for its gradual and controlled limitation in the future. 5. Monitors the activity of Public postal operator concerning completion of terms of licenses pertaining to provision of universal services. 6. Approves tariffs of universal and reserved services offered by Public Mail Operator. 7. Collects necessary data from Operators and Service Providers that are subject of this Law about exercising of their functions and disseminates information on general development of Post in Kosovo. 8. In cooperation with UNMIK, coordinates international activities and cooperates with foreign Postal Administrations. CHAPTER III POSTAL SERVICES 8.1.Postal items includes: Article 8 Items, Activities and Postal Services a) Correspondence: letters, postcards, printed matters, samples, materials for blind people and small parcels; b) Parcels; c) Fax service d) Money orders 8.2.Postal activity covers hereunder areas: a) Production, issuance, giving the right to use and withdraw of postal stamps and items related to them. b) Acceptance, processing, transport and delivery of postal items. 8.3.Activity determined by Point 8.2 (a) of this Article, will be executed by the Ministry being responsible for this activity. Activities determined by Point 8.2 (b) of this Article will be executed in compliance with provisions of this Law and license conditions. 8.4.Postal activities determined in Point 8.2 (a) of this Article, completed regularly against payment, should be calculated according tariffs applicable for postal services. 8.5.In addition to postal activities stated in point 8.2 of this Article, Public Mail Operator may provide also other activities (some of which require specific, separate licenses) as follows: a) Financial and banking services b) Insurance activities c) Transport and distribution of books and newspapers d) Cooperation with operators offering fax and transfer of data services; e) Cooperation with operators offering telephone services f) Money transfer services (provision of banking activities on account of other parties) g) Transfer of money

6 h) Other services Abovementioned activities may be exercised, only if their provision will not harm standards for provision of universal services and are not in conflict with legislation applying to those services. Article 9 Items Prohibited in Postal Services It is prohibited to send by Postal Service such items, contents of which are in contradiction with domestic and international legislation, as envisaged by postal convention and regulation on execution. CHAPTER IV UNIVERSAL SERVICE Article 10 Provision of Universal Service 10.1.Universal postal service shall be charged to a Public Operator by the Minister on behalf of Government, and on the basis of an agreement signed with Public Operator, as determined in Article 13, of this Law A universal service shall be offered to any user on the whole territory, at equal and affordable price, and also in a good quality. A universal service must be provided every working day, but not less than five days in a week, with an exception of circumstances and conditions, judged by the Minister as emergency ones Detailed rules for provision of universal postal service by the Public Mail Operator are determined by Regulation on Universal Postal Service approved by the Ministry. Article 11 Postage stamp Postage stamp is put in use based on Minister s order after UNMIK s approval. Article 12 Reserved Services 12.1.In order to be qualified for provision of universal postal service, a Postal Public Operator must exclusively: (a) Be authorized for production, issuance, giving the right to use and withdraw of postage stamps and items related to them (b) Have the right to transport ordinary letter items in domestic traffic having maximum weight to 2kg; the same limit shall be applied for direct mail items. (c) Have the right to install mailboxes at public places Personal and business correspondence distributed free of charge and with no assistance of the third party, shall not be covered by the reserved area.

7 Detailed terms, such as duties and rights on granting of exclusivity according to Point 12.1 (b) and (c) of this Article, must be determined in agreement signed by the Minister and Public Mail Operator. Article 13 Rights and duties of Public Mail Operator 13.1.In an agreement signed by the Minister and Public Operator of Post shall be determined services to be offered, duties and right of a Public Mail Operator for provision of universal mail service, together with exclusive rights granted for this purpose The agreement shall be signed for a period of 15 years, with a review after each fifth year, in order to see differences and changes as a result of evolution of postal market and overall conditions change By this agreement the following shall be determined: a) A mission and strategic orientation of Public Mail Operator. b) Standards of services and quality objectives. c) Methods and means for control of service provision. d) Publication of detailed universal postal services on conditions and on points of access, and also on frequency of acceptance and distribution of postal items. e) Claim procedure treatment f) Financial objectives and direction indicators g) Principles for establishment of tariffs for reserved services (related to exclusive rights of Public Mail Operator), for universal postal services and also their approval; h) Method of bookkeeping in order to assure transparency i) Business plan j) Investment and research policy; k) Human resources development policy. l) Requirements for technical and traffic cooperation with other Universal Service Providers, in ensuring their non-discriminatory treatment and settlement of mutual obligations. m) Statistical data on activities, and their duration. Article 14 Cooperation in Postal Service 14.1.Public Mail Operator may benefit from the activity of co-operator (postal agent) for completion of services entrusted to it Postal agent cannot exercise other non-postal activities, which could be in conflict with terms for provision of postal activities Operator determines conditions by completion of which postal agent is entitled to use expressions Post or Postal and informs the Ministry on that. Article 15 Service Activitie s Public Mail Operator must inform public about services to be offered, their schedule and standards.

8 8 Article 16 Emergency Situations 16.1.In a case of emergency state, declared on the basis on provisions of applicable Law, the Minister, following the proposal made by Department of Post, may temporary limit or stop provision of universal postal services by Public Mail Operator Public Mail Operator will try to provide Postal Services, dependently on development of emergency situation in Kosovo. CHAPTER V LICENSING Article 17 Licenses for provision of universal services 17.1.Postal universal and reserved services are being completed based on license awarded by the Ministry Award of license is conditioned by: a) Registration of applicant to court as legal entity b) Having no legal obstacles for provision of such activity. c) Applicant s engagement on fulfilment of basic requirements, dealing with secrecy, safety of postal network from dangerous goods, protection of data and as well as requirement based on this Law and other related legislation and sub-legislation; d) Their obligation to respect the exclusive rights given to Public Mail Operator; e) The applicant must possess skills for developing of regular activities with no interruption and in compliance with the license. f) Fulfilment of financial and technical conditions necessary for provision of postal services The License includes: a) A Scope of service provision (services included and their geographical domain, territory to which license is applied respectively) b) Duration of license c) Data on conditions of access and service quality parameters. d) Data on compensation methods for cases of failing to accomplish service and claim procedure The Ministry determines license awarding procedures, their contents and as well terms for their modification, cancellation and revoking Disapproval of award of license is followed by an appropriate justification.

9 9 Article 18 Licenses for provision of other services 18.1.Postal services not included in universal services could be provided only after obtaining of an appropriate license by Ministry Procedure for granting of a license is determined by the Ministry 18.3.One license may be given to a physical or to a legal entity who: (a) Meets basic requirement on secrecy, ensures protection of data, and who respects the exclusive rights given to public mail operator. (b) Meets necessary requirements based on Law for exercising of postal operation; 18.4.Conditions of license may change with approval of Ministry and change of part of Law dealing with offering of universal services Service Provider is obliged to inform Ministry on cancellation and about his operation at least 60 days before undertaking of this step Service provider must submit tariffs to Ministry just for information at least 30 days before start to apply them, and give all information required by Department of Post, important for its functions License may also include obligation of universal service, in cases when Ministry judges that important for provision of that service. Article 19 Cancellation of License 19.1.In case when the holder of license as it is envisaged by article 13 does not follow criteria presented on this Law, then the Ministry may cancel part of license or complete license Ministry may also cancel the license also if the owner of license interrupts the activity Conditions for cancellation of license are depending on fulfilment of obligations as envisaged by point 13.2 and 13.3 of article 13. Article 20 Inspection of Postal Services 20.1.Ministry may control fulfilment of postal services based on requirements of this Law The Ministry will determine details for exercising of inspection The Ministry will force individuals or legal entities offering postal services without a license, stop their activity and pay respective penalty For cases under point 20.3 of this article, the Ministry starts with procedures for award of respective license in case that Service Provider wants to continue with provision of Postal Services.

10 In case if the Ministry during inspection execution, notices deviations from provisions of this Law, violation of rules of Law, license terms and approved regulation which are not subject to criminal charged but administrative offence, DP must: a) Decide on a penalty and order to Service Provider to obey the Law. b) Cancel operation of Service Provider c) Undertake measures for license cancelling or propose revoking of license d) Execute sanctions foreseen by special legal provisions In a case if a license is cancelled on the basis of Point 20.5 (c), of this article, the new license shall not be allocated for the next three years, from the day when the decision has entered into force In a case of administrative offence the minutes are kept by authorized officials from the Ministry who proposes to undertake measures envisaged by point The decision is brought by an authorized person within the Ministry Service Provider may file a complaint against this decision within 15 days from the day of information. The Regulator shall bring his opinion on submitted claim within 30 days. Against Regulator s decision the claim may be filed to the Court within 30 days from the day of information The provider and receiver of the service may address the competent court for further proceedings. Article 21 Contract Conditions 21.1.Operators of Postal Services are obliged to accept, to process, transport and distribute to the addressee any postal item, meeting the requirements stated in legal provisions, standards and regulations of services according to postal service. Public Mail Operator may oppose fulfilment of contract only in cases defined under Point 21.2 and 21.3 of this Article Public Mail Operator shall refuse to fulfil completion of contracted terms for any service within a scope of his competence if: a) Taking of such an obligation is against to Regulation on Universal Services or in conflict with International agreements; b) Content of mail item is not in compliance with Article 9; c) Item does not fulfil specifications related to it, which are subject of conditional distribution Postal items stated in Point 21.2 of this Article and conditions of their posting will be described and determined by Public Mail Operator in its service regulations. Also, Public Mail Operator will undertake appropriate measures for their announcing Public mail operator is not obliged to fulfil contracted terms if: a) Offering of service is stopped or limited in compliance with Article 17 of this Law; b) For reasons that could not be envisaged within postal service operation.

11 By acceptance of items addressed outside Kosovo, Public Mail Operator is obliged to warn the sender for any prohibition or limitation for products which are prohibited for import by the Countries of destination or by transit countries through which items will cross. CHAPTER VI COMPLETION OF POSTAL SERVICE Article 22 Acceptance 22.1.Acceptance of an item or undertaking of any service is understood as reach of contract between Public Mail Operator and service user Placing of an item into postal box installed by the Service Provider or into any other facility used for this purpose, is equal to acceptance of this an item Acceptance of a registered mail item (letter mail items, letters and other items accepted in compliance with special registered services, registered and declared value, parcels, letters and parcels with declared value, fax service and money order) is considered completed in a moment of their acceptance and issuance of receipt by the Public Mail Operator A letter and parcel may be posted with a declared value, which is limited in domestic and international traffic, but items supposed to be posted outside Kosovo must have the weight, which shall comply to limit weight of the country of destination Money order service is considered completed after the money is accepted by Postal Service Provider and upon issuance of receipt on this Acceptance and distribution of postal items must fully comply with quality standards envisaged by EU Directives in order to achieve the following goals: a) Time frame between acceptance and distribution of items has to be D+3, 85 % of total items number b) Time frame between acceptance and distribution of items has to be D+5, 97 % of total items number Article 23 Tariffs on postal services 23.1.Set up of tariffs on postal services in done in accordance with hereunder conditions: a) Tariffs for postal services must be reasonable and on the level covering costs for their provision at all territory. b) Equal tariffs under equal conditions for entire territory of Kosovo c) Tariffs must cover the fund for development of postal services and service network. d) Tariffs must be suitable and comparable to European Union and other similar countries to Kosovo Postage tariff can be paid by postage stamps which are in use, franking machine, in cash or by any other legal payment means.

12 Usage of franking machine is regulated by the separate contract signed between Public Mail Operator and party involved in accordance with general conditions on postal services completion Public Mail Operator has right to give discount to potential (big) customers by ensuring full transparency of customers interested, but this can not be used for discrimination of other customers Coorespondance of bild individuals shall be exempt from postal service tarifs. Article 24 Distribution of items 24.1.Postal Service Providers are obliged to distribute all accepted items on the safe way Postal Service Providers are free to select the mode and means of transport of items. Article 25 Delivery 25.1.Postal items must be delivered to the place stated by the sender with an exception if: a) The addressee or his representative may authorize other persons to accept postal item. b) Public Mail Operator may deliver the item to the addressee, to substitute person (member of family) or through indirect way, if otherwise was not instructed different by the sender as Point 25.2, of this Article, defines it Public Mail Operator will deliver postal items to an authorized entity instead to the addressee by releasing its responsibility to deliver it to written address, if the matter is about: a) Military units, KFOR b) Detention and correction centres c) Institutions of Health or Social Care d) Hotels, students dormitories and similar e) Legal entity The postal item can go back to the Office of Service Provider instead of going to the addressee in the cases if: a) The sender or the addressee has given such an instruction b) There was no possibility to find any person at the place indicated by the sender. c) Delivery to the addressee is limited because of nature of an item content and determination of value of some items Items that are not registered may be delivered through private mail box, or to a group of mail boxes stated by the sender. Article 26 Cases when items are deemed as non-delivered 26.1.In case when postal item is considered impossible to be delivered to the addressee nor send it back to the sender, Postal Mail Operator may check an item by the commission, open it to find more information about the sender or the addressee.

13 If after the check of an item by the commission there was no possibility to deliver the item to the addressee nor send it back to the sender, Operator will: a) In presence of commission will immediately destroy ordinary items (letters, postcards, printed matters etc) containing written information only. b) Items differing from ordinary items must be stored one year starting from the date when a commission has checked given items. c) Undelivered money order must be stored for three years starting from the date when money order is considered as undelivered. Article 27 Relatio n with Customs 27.1.Public Mail Operator will submit to Customs Office in presence of its employee all items subject to customs clearance Items mentioned in Point 27.1 of this Article, coming from international traffic will be processed according to applicable Customs Regulations determined by Customs Authorities, and based on a special agreement with Customs International mail items, contents of which are subject to customs clearance will be processed according to customs provisions. Article 28 Contractual Liability 28.1.In provision of its duty, Public Mail Operator is liable for fulfillment of terms of postal service contract, including damages caused to postal item, missing of content of an item, loss of item and delayed delivery, in compliance with service rules and exception cases defined by article Public Mail Operator is responsible concerning payment of domestic and international money orders for the amount of money which is certified by the document Concerning damages caused in different way than those contracted, and for damages caused intentionally, or due to carelessness, or as a result of a criminal act, Public Mail Operator shall be responsible according to legal provisions In case that Public Mail Operator did not complete the contract on distribution of an item, it is obliged to reimburse the fee paid, except for ordinary items. Public Mail Operator is not responsible for: Article 29 Responsibility Exclusion a) Ordinary mail items b) Provider can prove that loss or damage of a registered item, reduction of its content or delay on distribution of it was caused because of external reasons or due to with sender s fault.

14 14 Article 30 Compensation Rate 30.1.Public Mail Operator is obliged to pay compensation for loss or damage of: a) Registered mail items and parcels with value not declared b) Letters and parcels with declared value c) Money orders 30.2.For items stated under b) of point above, the compensation rate will be equal to value declared by sender. For items defined under a) of point above, the compensation rate will be equal to approved service tariff. For items defined under c) of point above, the compensation rate will be equal to the value of money order For international mail service the compensation rate will be determined according to international convention and Regulation on universal postal service. Article 31 Claims 31.1.A deadline to file a claim to Service Provider for compensation, will exceed after one year starting from 15 th day from day of posting Public Mail Operator may request reimbursement of service tariff determined by the reached contract for provision of that service. CHAPTER VII CONFID ENTIALITY Article 32 Keeping of a Secrecy 32.1.Service Provider is obliged to keep secrecy of correspondence, personal secret; secret of activity realised during fulfilment of the contract, and must take care to keep as a confidential any personal information Obligation to keep of secrecy is equal for Service Provider, all its employees, every person who is aware of personal secrecy as a result of doing of his task or through other ways. When personal secrecy is revealed, all responsible persons involved shall be deemed responsible according to legal provisions An obligation of Service Provider and its employees to preserve secret information, as determined by Point 32.2 of this Article, does exist even after they have left their posts, or after their contract termination.

15 15 Article 33 Data Protection 33.1.Based on obligation for keeping of secrecy, Service Provider with exclusion of cases determined by Point 33.2 of this Article is not allowed to: a) Open an enclosed postal item, or have a look on item content without opening it. b) Give information to other persons, he/she possesses during fulfilment of the service, except to sender, addressee or to a person authorized for accepting of an item. c) Deliver an item to other persons enabling them to find out its content. d) Inform others on service provision except the sender, the addressee or an authorized person for receiving of an item Service Provider may open an enclosed item or review its content only if: a) The address is missing, item cannot be delivered the addressee or send back to sender in absence of address. b) Item packing is partly damaged and in order to protect the content of an item is needed to repack it, what cannot be done without opening of its opening Opening of item will be done by keeping records about the procedure of opening of item and about measures to be undertaken. Opening may be completed on presence of postal authorized representative and the fact of opening will be shown on item on what sender or the addressee have to be informed and on reasons of its opening Prohibitions mentioned in point 33.1 (b), (c) and (d) of this Article will not be applied if the action were undertaken on the base of Court order and administrative offence Legal provisions will be applied concerning confiscation, reservation or sequestration of an postal items. CHAPTER VIII ADMINISTRATIVE OFFENCES Article 34 Cases of Offence Hereunder mentioned cases, executed by individuals or legal entities will be deemed as administrative offences: 1. Delivery of postal items without prior license as it is envisaged by this Law. 2. Disrespect of the license terms as envisaged in articles 17 and 18 of this Law. 3. Breaching of requirements of this Law regarding secrecy, security and data protection. 4. Disrespect of exclusive rights given to Public Mail Operator as envisaged by this Law. 5. Disrespect of Article 7, points 2 and 7 of this Law.

16 16 Article 35 Fine level 35.1.Administrative offences will be punished simultaneously by implementation of measures envisaged by Article 20, point 3 and 4 of this Law as follows: (a) For administrative offences on the basis of Article 34 point 1, 3 and 4, five up to ten times of an amount for obtaining the license. (b) For administrative offences on the basis of Article 34 point 2, two up to five times of an amount for obtaining the license. (c) For administrative offences on the basis of Article 34 point 5 of an amount for obtaining the license The Head of DP will decide on a fine and its level. A complaint on this Decision may be filed according to Article 20 Point 8 of this Law Minister will cooperate with relevant institutions for execution of this Article. Incomes resulting out of fines will be transferred to Budget of Kosovo. CHAPTER IX FINAL PROVISIONS Article 36 Universal postal service, provision and its development is encouraged if necessary by Government investment measures. Article 37 In municipal or regional development plans the Public Mail Operator shall cooperate with domestic institutions in order to create possibilities for building of premises and installing of equipments used for provision of universal services and other favourable means for using of public area for installing of mail boxes and administration with address directory. Public Mail Operator shall use Postal Logo. Article 38 Article 39 By entering of this Law into force, all other legal provisions and sub legislations which are in conflict with this Law will cease.

17 17 Article 40 In order to exercise its function the Ministry based on this Law will issue afterwards other sub legislation. Article 41 This Law will enter into force on after it has been approved by the Assembly of Kosovo, signed by the President of the Assembly of Kosovo and promulgated by the SRSG. LAW No / 18 9 October 2003