Having taken note of the failure by CTT - Correios de Portugal, S.A., to comply with the provisions of paragraph 3 of article 13 of Law no. 17/2012 of 26 April, under which it is a requirement that measurement of quality of service, to be performed at least once every year by the universal postal service providers, is performed using an independent third party, whereas the company announced that it had decided to make the respective selection through an internationally disclosed tender restricted by pre-qualification (launched on 5 November 2015 and due for completion in 10 months and one week), on 17 December 2015 (without prejudice to any determination of legal responsibility for non-compliance) ANACOM ordered the company:
(i) to correct said non-compliance by 30 September 2016, subject to application of a penalty payment, determined under the terms of article 52 of Law no. 17/2012 of 26 April, of 5,000.00 euros per day up to a maximum amount of 150,000.00 euros and a maximum of 30 days;
(ii) to update ANACOM, by the 5th of each month, with detailed information on the status of the process to correct the non-compliance.(iii) to send to ANACOM, no later than 30 September, confirmation that the non-compliant situation has been corrected, whereby measurement of quality of service levels is performed using a third party selected for the purpose, as from 01 October 2016 at the latest, failing which and from which date, application of the penalty shall commence.
