Prishtina, September 2015 · services) guaranteed by the state, provided by at least one public...

E X P L A N A T O R Y I N F O R M E R ON P O S T A L S E R V I C E S

Prishtina, September 2015

EXPLANATORY INFORMER FOR POSTAL SERVICES - RAEPC

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This explanatory informer serves for better and duly information of users -

customers of postal services, postal service operators, public as well as their rights

and obligations related to postal services.


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What is the Regulatory Authority of Electronic and Postal Communications - RAEPC?

The Regulatory Authority of Electronic and Postal Communications (RAEPC) is an independent

regulatory authority in the field of electronic communications and postal services, which operates

pursuant to the Law no. 04/L-109 on Electronic Communications (hereinafter: LEC), and authorized

- performs additional responsibilities and competences in the field of postal services as provided by

the Law no. 03/L-173 on Postal Services (hereinafter: LPS).

The role of the Regulatory Authority of Electronic and Postal Communications?

The role of the Regulatory Authority of Electronic and Postal Communication (RAEPC), in the field of

postal services is to regulate the postal services market, market supervision, resolve disputes

between operators, namely operators and users - customers of postal services, etc.

What are the duties of the Regulatory Authority of Electronic and Postal

Communications?

The Regulatory Authority of Electronic and Postal Communications (RAEPC), in the field of postal

services, based on the provisions of the LPS as a national regulatory authority has the following

responsibilities and competences:

Issues and revokes licenses of postal operators for providing universal services and other postal services;

Approves fees for universal and the reserved postal services proposed by the Public Postal Operator;

Determines the degree of weight –limit, for the reserved postal services; Determines fees for issuing licenses and annual taxes for the provision of postal services as

well as deadlines for the execution of payments; Proposes to the Ministry rules for provision and fulfilment of standards for implementation

of postal services; Keeps the register of licenses issued with the relevant data; Monitors the observance of conditions set by the license and in case of violation of the

terms of the license takes the necessary measures vis-à-vis the postal operators; Monitors the use of postal services tariffs and proposes legal measures in cases when the

mail operator imposes or uses tariffs contrary to the measures stipulated by this law; Monitors developments concerning issues that are related to postal sector and postal

services market and takes the necessary measures to ensure equality and transparency for competition in the postal services market;

Settles disputes between postal operators and costumers with postal operators Provides costumers of postal services equal conditions Collects necessary information regarding the postal service and publishes them if needed;


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What postal services means?

Postal services; are considered all the services performed by postal services providers under the conditions specified in the authorization/license, payment - compensation of price - fixed postal fee, upon request of user - customer which includes activities such as receiving, processing, transport and delivery of mail shipments to the recipient of shipment.

What universal services means?

Universal postal service; means a minimum of postal services (considered as basic/essential services) guaranteed by the state, provided by at least one public postal operator, which means services:

o collection (acceptance), processing - sorting, transport and delivery of ordinary mail shipments weighing up to two (2) kg

o collection (acceptance), processing - sorting, transport and delivery of packages weighing up to twenty (20) kg,

o Special services for shipments mentioned in paragraph 1 and 2, as provided by Law no. 03/L-173, on Postal Services and EU Directives.


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What reserved services means?

Reserved services; means services performed exclusively by the universal postal service provider or the public postal operator, which means the collection -acceptance, processing - sorting, transport and delivery of ordinary postal shipments in local and cross-border traffic by the weight assigned by the Regulator

In which cases the postal service is not considered as reserved service?

Reserved postal service is not considered as a reserved services if they are carried out - provided with a fee - with a three time higher price than basic price for the same category of degree of service weight.

What special services means?

Special services are services by which the sender, namely the user - customer of the postal service requires a specific way of sending, transportation and delivery of the shipment, for which service pays the price - a special fee as provided for in postal fees - the price list for postal services.


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What mail shipment means?

Mail shipment; is considered each shipment address and closed in a final form, which contains a written communication or other items with declared/undeclared value shipment, which as such must be accepted, transferred - transported and distributed - delivered by the postal service provider. According to importance and priority, mail shipment can be divided to:

Ordinary Shipment; shipments for which specific services are not required:

Registered shipment; shipments for which specific services are required:

o Letters; o Postcard: o Typography; o Secogram; o Small package; o Aerogram.

o Order Shipment (R); o Urgent Shipment (U); o Value Shipment (V); o Postal deliveries with refund (KD), o Package/Kolia; o Postal or telegraphic payment orders; o Express Mail Shipment (EMS) etc.

When is the shipment considered ordinary?

Ordinary Shipment; is a mail shipment which upon its acceptance at the office - postal point, the sender or user - the customer does not require any special service by the postal operator, and no receipt is issued for its acceptance, whereas in case of distribution - delivery by the receiver, it is not necessary to verify its acceptance.


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When is the shipment considered registered ?

Registered Shipment is a mail shipment for which the user - the customer requires a specific way

of transportation and delivery, whereas the postal operator, upon receipt, issues to the sender

namely user - consumer a receipt upon acceptance of shipment, whereas from the recipient is

required to confirm its acceptance by its signature.

What we mean by letter-deliveries?

Letter-deliveries is ordinary mail shipment which contains a written communiqué or anything other, most frequently used for mutual communication, and accepted in a weight up to (2) kg.

What are court letters and letters of administrative and minor offence procedure? Court letters and letters of administrative and minor offence procedure is the letter sent by the courts and other judicial bodies for which is required confirmation of its delivery. Letters with judicial content may be registered and urgent;


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What are postcards??

Postcard; is open mail, the left side of which is dedicated for writing text, while in the right side of the card there is a dedicated area for writing the recipient's address. It is made of paper or cardboard.

What is Secogram ? Secogram is mail shipment which is dedicated to visually impaired persons and is received without any charges up to seven (7) kg, while for special services the taxes are paid according to fee - price list for postal services.

What is typography?

Typography (printing paper) is open shipment containing books, newspapers or magazines which may be published in the market regularly or occasionally. They are accepted up to two (2) kg, while in cases when the content is indivisible then it can be accepted up to five (5) kg. Typographies which are sent by the sender without the addresses of the recipients are considered un-addressed typographies;


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What is a small package?

Small package – is an addressed mail shipment which contains merchandise or other items with the weight up to 2 kg; which fits the foreseen dimensions for paper

What is a Package ?

Package; is a registered shipment with declared value which contains goods or other items and should fit the prescribed dimensions and weight per package -

What is the pay order ?

Draught (Pay order) is the shipment with which the sender sends to the recipient a certain amount

of money by using postal network – postal infrastructure.


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What Courier services means?

Courier service means quick postal service, conducted by postal operator at the request of the sender receiving the shipment directly to its address and delivered directly to the recipient's address. Service shall be conducted through a technological process which shouldn’t be interrupted by any other activity from the acceptance to the delivery of shipment, while acting at any time as directed by the sender.

What we mean by urgent shipping - express service?

Urgent shipment (Express Postal Service) is a shipment delivered to the recipient, with special priority before other items within the defined schedule for the shipment of urgent deliveries and in accordance with the general provisions.

What do we mean by fees - prices for postal services?


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Price - postal fee, is a tax - payment or compensation for carrying out postal service, which is usually paid entirely upon request for conducting the postal service, namely upon receipt of the shipment at the office - delivery point, in special cases even by the recipient of shipment (Ref. services with compensation). Price - postal tax for performing postal services is paid according to the fee - price list of postal services set by the postal operator. The price list for postal services is published in every office - postal points and contains all fees - prices for their implementation.

What means postage stamp?

Postage stamp is a tax - value (paid amount), which serves to indicate the payment of postal tax

and is placed on the upper right corner of the page of the shipment address. Valid stamps are used

for payment of postal tax.

What role does the franking machine have?

Franking machines are equipments by which is carried out franking of postal shipments, by marking the amount of postal fees and sealing of shipment. The device in question is very suitable for use by large users who process and deliver many mail shipments, as well as to receipt - process shipments in major post office. Franking machines usually contains postage stamp track, date, location and the operator logo.


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What is date Postage Stamp used for?

Postage Stamp serves for sealing postal shipments delivered in the postal points - offices, for devaluation of stamps in shipments, stamping permits and other documents in the postal service.

What are the mailboxes?

Mailboxes are equipments that serve users - consumers, enabling them to hand (dispose) ordinary mail shipments, respectively deliver them for transfer by the operator. Mailboxes are closed, have certain structures and enable users - customers of postal services easy access and delivery of shipments. They are placed in suitable and frequented places and at the entrance of the post office. Each mailbox must have: an opening lid to place shipments, postal operator logo, and the time until the user - customer may deliver the shipment in order for the shipment to be transferred and delivered in the same day.


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What are the obligations of postal operators in postal services?

Postal operators in accordance with the legal provisions and terms of the license are obliged to accept, process, transport and deliver - distribute from users - customers, every mail shipment which corresponds to the conditions and criteria for acceptance, transfer and delivery.

What are the obligations of users – costumers?

Users - consumers of postal services are obliged to address, wrap - package every mail according to the conditions provided for addressing, wrapping - packing, and to deliver the same to one of the postal points -offices according to the rules for acceptance.

What is reclamation?

Every customer of postal services is entitled to complain - reclamation regarding the implementation of the postal service. Complaint- reclamation should be submitted to the postal point - office who received the shipment or to any other office by providing proof of its delivery.

When is the user - consumer entitled to complain - reclamation?

The user - consumer is entitled to appeal - reclamation if it considers that:

o postal service is not performed according to the rules for conducting - providing postal services;

o upon acceptance in the post office, the shipment is damaged during transit by the postal operator,

o upon acceptance at the post office the contents of the shipment have been reduced or stolen;

o Mail shipment was delayed.

When is the user - consumer not entitled to complain - reclamation?

The customer are not entitled to complain - reclamation if there is no evidence that shows (proves) that the shipment was received by the postal operator and was not delivered in accordance with legal provisions.

In what cases is the postal operator responsible for the postal service?

The postal service operator shall be responsible for not fulfilling the contract of postal service, as provided by legal provisions, which means damages caused during shipment, loss of content, loss of shipment and delay in its delivery.

In what cases the postal operator does not hold responsibility?

The postal operator is not responsible in the field of postal service for:

o ordinary mail shipments; o if the operator proves that the loss or damage of registered shipment, namely reduction or

loss of contents and expiration of the date for delivery is caused due to external causes or by the fault of the sender.


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How to file a complaint with RAEPC?

o In the event that the service provider fails to uphold the complaint or objection, or fails to

make a determination thereon during the fifteen 15 day period, the end user may to file an

appeal with the RAEPC within fifteen 15 days thereafter;

o the appeal shall be in writing and submitted to the RAEPC;

o After receiving the complaint, the RAEPC, thereafter have 15 days to collect information

and evidence for the purpose of deciding whether to accept or reject the complaint;

o If the complaint is rejected, the RAEPC shall notify, in writing, the reasons for rejection;

o If the appeal is accepted, the same shall be reviewed by the Postal Service Sector (PPS) and

other relevant units at RAEPC;

o Review of the appeal shall be completed within a period of thirty (30) days from the date of

deciding to accept the complaint, unless otherwise provided by the decision of the RAEPC;

o After reviewing the appeal and the case file, the Postal Service Sector issues a

recommendation to the Board of RAEPC;

o The Board of RAEPC will render a decision on the appeal within (fifteen) 15 days;

o The decision is final and it shall decide on all the issues raised during the proceedings;

o The decision will be issued in writing and shall be binding on the parties, the same decision

may be appealed by the unsatisfied parties in the competent court within thirty (30) days

from the date of being served with the same;

o The end user (customer) may directly address the complaint to the Authority without going

to the service provider (operator), in this case the Authority must take action and measures

to settle the dispute between the parties. The Authority will not consider the complaint, if

the service provider (operator) proposes within the deadline set by the Authority a

compromise agreement and the end user accepts the proposal, or does not reject the

deadline set by the Authority;

o The end user (customer) of postal services may address directly to the court.


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Where to find more information?

ADRESS:

You can contact customer service at RAEPC from: 08:00h to 16:00h, at the: 0800 10 100 (free

telephone line)

You can also contact us by email; [email protected].

Visit the RAEPC webpage: www.arkep-rks.org; i.e. relevant legal acts on consumer protection:

o Law No. 03/L-173 on Postal Services;

o Law Nr. 04/L-109 on Electronic Communication;

o Regulation on Consumer Protection and telecommunications services consumer privacy:

o Regulation on Dispute Settlement Procedures;

RAEPC officials are professionals and ready to help at any time.

REGULATORY AUTHORITY OF ELECTRONIC AND POSTAL COMMUNICATIONS

Str. Mujo Ulqinaku Nr. 7, “Qyteza Pejton”, Prishtina 10000, Republic of Kosovo Tel: + 381 (0) 38 212 345 ext. 28 555 Fax: + 381 (0) 38 212 399 E-mail: [email protected] Web-page: www.arkep-rks.org

mailto:[email protected]

http://www.arkep-rks.org/

mailto:[email protected]

http://www.arkep-rks.org/


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