Law No. 17/2012, of 26 April (Postal Law), as amended by Decree-Law No. 160/2013, of 19 November, and by Law No. 16/2014, of 4 April, lays down the legal regime that governs the provision of postal services, under a full competition regime, on national territory, as well as of international services to or from national territory, transposing to the national legal system Directive 2008/6/EC of the European Parliament and of the Council, of 20 February 2008.
This law aims to (according to paragraph 1 of article 2 thereof):
a) Define the conditions for provision of postal services under a full competition regime;
b) Ensure a sustainable and efficient provision of a universal postal service; and
c) Establish the rights and interests of users, especially of consumers.
The Postal Law lays down that, in order to achieve the objectives established in this law, the following principles must be observed (article 2, paragraph 2):
a) To ensure the existence, availability, accessibility and quality of the universal service provision;
b) To ensure the economic and financial sustainability and viability of the universal service provision;
c) To ensure the protection of users in their dealings with postal service providers, namely the handing and resolution of complaints.
With the entry into force of the Postal Law, postal services started to be provided under a full competition regime in Portugal.
Notwithstanding, on grounds of public policy or security, some services or activities may be reserved to specific postal service providers, such as the sitting of letter boxes on the public highway intended for the deposit of postal items, the issue and sale of postal stamps bearing the word “Portugal”, and the registered mail service used in court or administrative proceedings. Until 31.12.2020, CTT - Correios de Portugal, S. A., remains as the exclusive provider of the mentioned reserved activities and services (cfr. article 57, paragraph 3, of the Postal Law).
The Postal Law contains a chapter which focuses on the universal service, which consists in the supply of postal services defined in the Law, of a specified quality and permanently available throughout the territory, at affordable prices for all users1, aiming to meet the communication needs of the population and those of economic and social activities (article 10, paragraph 1).
The universal service covers the following facilities (article 12), in the national and international scope: a postal service for correspondence2, catalogues, books, newspapers and other periodicals up to 2 Kgs and postal parcels up to 10 Kgs, as well as services for registered items and insured items. The universal service covers also the delivery within the national territory of postal packages received from other Member States of the European Union and weighing up to 20 kgs.
The Postal Law designates CTT as universal postal service provider (USP) until 31.12.2020 (article 57, paragraph 1).
The same Law (article 14, paragraph 3, as amended by Decree-Law No. 160/2013, of 19 November) that ICP-ANACOM must establish for a three-year minimum multiannual period the pricing criteria for postal services that integrate the universal service.
This document aims to define the referred criteria, to be applied in the 2015-2017 three-year period. For this purpose, (pricing) obligations to be imposed or which may be imposed on the USP are initially identified, and subsequently defined.
It should be taken into account that, after these universal service pricing criteria are defined, pricing rules of the Universal Postal Service Price Convention, of 10 July 2008, as amended on 9 July 2010, which under the Postal Law remained temporarily in force (article 57, paragraph 7), will no longer be in effect.
The definition by ICP-ANACOM of pricing rules for postal services integrating the universal service was preceded by the hearing of consumer organisations (article 43). As services involved do not have a regional or local nature, this right was granted to associations of a national scope [cf. article 18, paragraph 1h) and paragraph 3 of Law No. 24/96, of 31 July (consumer protection legal regime)].
These rules have a significant impact on the market, as they focus on liberalised services that integrate the universal service, provided by CTT, and as such, prices set under these rules may be deemed as a reference for competing service providers, as well as for users of postal services, and for this reason the public consultation mechanism provided for in article 9 of the Postal Law was adopted.
This decisions does not apply to special tariffs and associated conditions of postal services that integrate the universal service provision, referred to in article 14-A of the Postal Law3. The repeal by Decree-Law No. 160/2013, of 19 November, of paragraph 2 of article 14 of the Postal Law, and the addition of article 14-A exclude special tariffs of the scope of application of the whole article 14, which are governed now exclusively by article 14-A.
1 The Postal Law defines as user (article 3, paragraph 4): any natural or legal person benefiting from the provision of a postal service as a sender or an addressee.
2 Excluding direct mail.
3 Special tariffs and associated conditions of postal services that integrate the universal service provision, applied by CTT (the universal service provider), namely for services for businesses, bulk mailers or consolidators of mail from different users.
