Decree Law nº 150/2001, dated May 7th
1. Licenses The provision of the following postal services is subject to licensing:
a) The delivery of items of correspondence, including direct mail, whether by accelerated delivery or not, the price of which is equal to or higher than 5 times the public tariff for an item of correspondence in the first weight step of the fastest standard category (prioritary mail) or whose weight is equal to or higher than 350 g and does not exceed 2 kg;
b) The delivery of books, catalogues, newspapers and other periodical publications up to 2 kg ;
c) The delivery of registered and insured items, including the registered mail service used in the course of judicial procedures, within the price and weight limits laid down in paragraph a);
d) The delivery of postal packages , including registered and insured items.
1.1. Elements that must accompany the request for a license For the purpose of license attribution and without prejudice to other elements that the ICP may consider necessary to carry out a more thorough appreciation of license requests, applicants must also enclose the following elements:
a) Certificate of Registration, issued by the relevant Commercial Registry Office;
b) Elements that prove possession of adequate human and technical resources to fulfil the obligations inherent to the activity, namely a company organisation chart, the curriculum vitae of the persons in the principal posts and a description of the resources to be used for the operations of acceptance, treatment, transportation and distribution of post;
c) An economic-financial study covering a period of at least 10 years, containing explanations of all suppositions used in the preparation of the same and where the following elements are to be found:
1. A chronogram of activities, containing the activities to be developed and those which are critical to the implementation of the project (installation, start-up and development);
2. Market evolution forecast plan referring the main elements used in its elaboration and discriminating forecast prices and quantities per service;
3. Detailed Charts:
3.1. Investment Plan showing details under main headings;
3.2. Income Plan by headings, showing calculations through the indication of prices and quantities, in accordance with market evolution forecasts;
3.3. Detailed Plan of Exploration Costs;
4. Final Charts:
4.1. Exploration forecast account;
4.2. Forecast balance;
4.3. Project evaluation, calculating Net Added Value (NAV) and Internal Profit Rate (IPR);
d) Declaration proving possession of up-to-date and regularly organised accounts in accordance with the Official Accounts Plan and in line with the analyses required for the development of the proposed project;
e) Declarations proving the inexistence of debts to the State and Social Security, issued to this effect by the responsible organisms;
f) A description of the proposed service to be provided, identifying the geographic zone of operation, the postal network that will support this service and the quality levels to which they will be allied.
1.2. Entities that provide postal services on the date that Decree Law nº 150/2001, dated May 7th, came into force
For the effects of that laid down in article 28 of the above-mentioned Decree Law, the entities providing postal services at the time this law came into force and which, under these terms, are now requesting the attribution of a license, may present the last Statement of Income of the company instead of an economic-financial plan, accompanied by a declaration promising fulfilment of the requirement laid down in paragraph c) of nº 7 of the said diploma.
It must be added however that if the Statement of Income does not conclusively verify the said requirement, then an economic-financial study must also be presented, under the terms explained above and for a period of 3 - 5 years.
2. Authorisations The provision of the following postal services is subject to authorisation:
a) The exploitation of document exchange centres;
b) The delivery of items of correspondence, including direct mail, exceeding 2 Kg;
c) The delivery of books, catalogues, newspapers and other periodical publications, not exceeding 2 kg;
d) The delivery of registered and insured items exceeding 2 Kg;
e) Other services, present or future, that come within the definition of the postal service and which are not covered by definition of the Universal Service, namely those which may be provided through technological evolution and are different from traditional services.
2.1 Elements that must accompany the request for authorisation
For the purpose of license attribution and without prejudice to other elements that the ICP may consider necessary to carry out a more thorough appreciation of requests, applicants must also enclose the following elements:
a) Certificate of Registration, issued by the relevant Commercial Registry Office;
b) A description of the proposed service to be provided, namely identifying the geographic zone of operation, the postal network that will support this service and the quality levels to which they will be allied;
c) Elements that prove possession of adequate human and technical resources to fulfil the obligations inherent to the activity, namely a company organisation chart, the curriculum vitae of the persons in the principal posts and a description of the resources to be used for the operations of acceptance, treatment, transportation and distribution of post;
d) Declaration indicating that the provision of services will occur as soon as the authorisation has been issued, if that is the intention of the applicant.
