Autoridade Nacional de Comunicações
Regulation
(This is not an official translation of the law)
Regulation on the register of postal service providers
In transposition of the EU regulatory framework, Law No. 17/2012, of 26 April, as it stands (Postal Law), lays down the legal regime that governs the provision of postal services on national territory, as well as of international services to or from national territory, and defines the competences of Autoridade Nacional de Comunicações (ANACOM) in this field.
Under paragraph 1 of article 3 of the Postal Law, the freedom to provide postal services is guaranteed, without prejudice to the specific scheme that applies according to the service concerned, namely and in accordance with paragraph 1 of article 24 of the same statutory instrument:
a) The individual licence scheme, that applies to services covered by the scope of the universal service, defined under article 12; and
b) The general authorization scheme, that applies to other services.
In the scope of the individual licence scheme, it is incumbent on ANACOM to issue licenses, as set out in point c) of paragraph 2 of article 8 and in articles 27 to 33, all of the Postal Law. In the scope of the general authorization scheme, bodies that intend to provide postal services are only required to provide prior notice to ANACOM, in accordance with article 34 of the same statutory instrument.
In both schemes, it is incumbent on ANACOM to keep, regularly update and disclose, a register of postal service providers, who are required to report to this Regulatory Authority any changes to details entered in the register, as set out, respectively, in paragraph 1 of article 26 and in point h) of paragraph 1 of article 37, both of the Postal Law.
Six years after the entry into force of the Postal Law, and on the basis of its regulatory and supervisory experience, ANACOM has decided to regulate the procedures governing individual licences, the duty to provide prior notice of start of activity, common reporting duties and the register of postal service providers, measures that, under the law, are deemed to be indispensable and required to:
a) Ensure the update, simplification and modernisation of the procedures concerned;
b) Promote transparency of information as regards market players; and
c) Ensure equal access to the market and freedom to provide postal services, principles laid down, respectively, in point e) of paragraph 2 of article 2 and article 3, both of the Postal Law.
In this context, by determination of 2 February 2017, ANACOM approved the opening of the procedure for the drafting of a regulation on the register of postal service providers, as well as the publication of the respective notice, in accordance with paragraph 1 of article 98 of the Administrative Procedure Code, approved by Decree-Law No. 4/2015, of 7 January.
No contributions having been received, ANACOM approved, by determination of 9 August 2018, a draft regulation on the register of postal service providers, which was submitted to the appropriate public consultation for a period of 30 working days, through Notice No. 12035/2018, published on 23 August in Series II (Part E) of the Official Gazette, in compliance with article 10 of its Statutes, approved by Decree-Law No. 39/2015, of 16 March, as well as with article 99 et seq. of the Administrative Procedure Code, for the purposes provided for in article 9 of the Postal Law.
Upon expiry of the public consultation, and no comments having also been received, ANACOM thus approved this regulation, together with the public consultation report, under paragraph 4 of article 10 of its Statutes, which substantiates amendments introduced and is published at this Regulatory Authority’s website.
The aim of this regulation is essentially to govern procedures concerning individual licenses, the duty to provide prior notice of start of activity, common reporting duties and the register of postal service providers, pursuant to paragraph 6 of article 24 of the Postal Law and in accordance with points c) and d) of paragraph 2 of article 8, articles 24 to 35, point h) of paragraph 1 of article 37 and point c) of paragraph 1 of article 53, all of the same law, in order to pursue the principle of good administration, under article 5 of the Administrative Procedure Code.
As far as transitional provisions are concerned, this regulation also determines the update of the register and the replacement of certificates and declarations, the approval of which requires articulation with the drafting of models and forms, in the exercise of powers granted to ANACOM under point j) of paragraph 2 of article 9 of the respective Statutes, as well as paragraph 6 of article 24 of the Postal Law.
This regulation where appropriate drawn up taking into account the benefits arising from its future application, which include the strengthening of transparency of information as regards market players, and also ease of access to the activity, in accordance with the principle of freedom to provide postal services and with the objective of simplifying and modernising procedures in the relationship between ANACOM and companies, in particular by establishing the requirement for use of electronic media and by promoting electronic services, aspects which result in the decrease of costs incurred in by both this Regulatory Authority and providers.
Therefore, under point c) of paragraph 1 and point a) of paragraph 2, both of article 9, article 10 and point b) of paragraph 1 of article 26, all of its Statutes, in accordance with paragraph 6 of article 24 and in accordance with points c) and d) of paragraph 2 of article 8, articles 24 to 35, point h) of paragraph 1 of article 37 and point c) of paragraph 1 of article 53, all of the Postal Law, the Management Board of ANACOM approved, by determination of 6 December 2018, the following regulation:
Regulation on the register of postal service providers
CHAPTER I
General provisions
Article 1
Subject-matter
This regulation governs:
a) Procedures for issuing, renewing, amending, transferring and extinguishing individual licenses for the provision of postal services, pursuant to point c) of paragraph 2 of article 8 and articles 24 and 27 to 33, all of Law No. 17/2012, of 26 April, as amended by Decree-Law No. 160/2013 of 19 November, and by Law No. 16/2014, of 4 April (Postal Law);
b) The duty to provide prior notice of start of activity, imposed on postal service providers under the general authorization scheme, pursuant to point d) of paragraph 2 of article 8 and articles 24 and 34, all of the Postal Law;
c) Common reporting duties imposed on all postal service providers under the license scheme and general authorization scheme, pursuant to article 26 and point h) of paragraph 1 of article 37, both of the Postal Law;
d) Rules applicable to the maintenance of the register of postal service providers by Autoridade Nacional de Comunicações (ANACOM), pursuant to articles 26 and 35, and point c) of paragraph 1 of article 53, all of the Postal Law.
Article 2
Definitions
For the purpose of this regulation, the following definitions shall apply:
a) «Reserved area» shall mean the area with reserved access and use for postal service providers, to be made available by ANACOM at its website, in accordance with article 42;
b) «Activity» shall mean the provision of postal services;
c) «Declaration» shall mean the declaration attesting the registration on the register of postal service providers, to be issued by ANACOM in compliance with paragraph 1 of article 35 of the Postal Law;
d) «License» shall mean the individual license required for the provision of postal services, to be issued by ANACOM in compliance with articles 27 and 28 of the Postal Law;
e) «Provider» shall mean the postal service provider, as defined in paragraph 4 of article 3 of the Postal Law;
f) «Register» shall mean the register of postal service providers, maintained by ANACOM pursuant to paragraph 1 of article 26 of the Postal Law;
g) «Website» shall mean ANACOM’s website.
Article 3
Electronic means
All applications, reports and notifications provided for in this regulation, as well as the submission of documents, shall be carried out by electronic means, under the law and this regulation, without prejudice to access to ANACOM’s services.
Article 4
Support service
ANACOM shall make available a support service for providers through its publicly available hotline, in order to promote electronic access to this Regulatory Authority’s services.
CHAPTER II
License scheme
SECTION I
Issue of the license
Article 5
Application
1 - For the purpose of paragraph 2 of article 27 of the Postal Law, bodies that intend to obtain a license for the provision of postal services shall be required to submit to ANACOM an application including:
a) Details that allow their full identification, except where the provider is already registered;
b) Description of the project intended to be implemented;
c) Scheduled date for start of activity;
d) Description of activities already pursued in the scope of postal services, where appropriate;
e) Information on technical and human resources required to ensure compliance with essential requirements provided for in article 7 of the Postal Law.
2 - For the purpose of point a) of the preceding paragraph, the application shall include:
a) Identification details of the provider;
b) Identification details of the permanent representation of the provider in Portugal, where appropriate;
c) Contact details for the purpose of general reports and notifications.
3 - As proof of details provided for in points a) and b) of the preceding paragraph, the application shall attach a valid identification document, where appropriate, and in the case of natural persons, evidence that their activity is open at the Tax Office.
4 - For the purpose of point c) of paragraph 2, applicants shall not indicate contacts that imply the payment of premium rates.
5 - The indication of contact details for the purpose of general reports and notifications, under point c) of paragraph 2, shall be without prejudice to the gathering of contacts for specific purposes, on the initiative of ANACOM.
6 - For the purpose of points b) and c) of paragraph 1, the application shall attach the following details:
a) Nature of each service, including:
i) Type of postal item;
ii) National and/or international scope;
b) Characteristics of each service, including:
i) Description of the way in which the service is provided;
ii) Market segments;
c) Geographic area of action on national territory;
d) Supporting postal network on national territory;
e) Agreements concluded or to be concluded with third parties for the purpose of the exercise of the postal service activity to be pursued;
f) Levels of quality of service to be ensured;
g) Measures in place to ensure the performance, reliability and quality of the postal service;
h) Scheduled date for start of activity or, where appropriate, scheduled dates for start of provision of each service.
7 - Where the application also intends to start the provision of postal services under the general authorization scheme, the application may also attach the details provided for in paragraph 6 of article 16, for each service is concerned, the reporting duties provided for in articles 16 or 19, as appropriate, being deemed to be met in this way.
Article 6
Procedure
1 - The application provided for in the preceding article shall be submitted in writing, according to the model approved by ANACOM, specifically via:
a) Email to ANACOM’s general address;
b) The completion and submission of the form available at the website or reserved area.
2 - Upon reception and entry of the application, ANACOM shall:
a) Notify the applicant, in writing, of its reception, namely for the purpose of point a) of paragraph 1 of article 28 of the Postal Law, informing it of:
i) The nature of the application and the scheme of the license;
ii) The date of entry of the application;
iii) The file number;
iv) The identification and contact details of the service dealing with the application;
v) The deadline established by law for the final decision, the effects resulting from the lack of a final decision by that deadline and the applicable administrative means of reaction;
b) Check whether the applicant:
i) Complies with requirements set out in paragraphs 2 and 3 of article 24 of the Postal Law;
ii) Is not in one of the situations referred to in points b) and c) of paragraph 2 of article 28 of the Postal Law;
c) Check whether the application was duly submitted and, if this is not the case, and in a substantiated manner, request the applicant, in writing, to address shortcomings that ANACOM is not able to correct of its own motion, as well as to provide information or documents that are deemed necessary, namely for the purpose of points b) and c) of paragraph 1 of article 28 of the Postal Law.
3 - The application shall be decided within 40 days at the most, a time-limit which is suspended, in the cases provided for in point c) of the preceding paragraph, up to the reception of the requested response.
4 - The application shall be rejected:
a) Where the applicant fails to meet the requirements set out in paragraphs 2 and 3 of article 24, in accordance with point a) of paragraph 2 of article 28, all of the Postal Law;
b) Where the application fails to meet the requirements set out in the preceding article, in accordance with point a) of paragraph 2 of article 28, all of the Postal Law;
c) Where the applicant is in one of the situations provided for in points b) and c) of paragraph 2 of article 28 of the Postal Law;
d) Where the service described in the application does not correspond to a postal service.
5 - The rejection of the application shall not prevent ANACOM, in the cases provided for in paragraph 7 of the preceding article, and where appropriate, from registering or amending the registration of the provider as regards its activity in the general authorization scheme, in accordance with article 29 or 30.
6 - In the act of approval of the application, ANACOM shall issue the license, submitting the respective certificate to the applicant within at the most 5 days from the decision, in accordance with article 34.
7 - Upon expiry of the time-limit set out in paragraph 3, ANACOM shall automatically issue and notify the applicant of a document attesting the tacit approval of the application, and a license shall be issued, the respective certificate being submitted to the applicant within at the most 5 days from the decision, in accordance with article 34.
8 - Once issued, and where appropriate, the license replaces the declaration previously issued under point c) of paragraph 1 of article 29, as proof of registration in the register.
Article 7
Term and renewal of the license
1 - For the purpose of article 30 of the Postal Law, licenses shall have a 10-year term and shall be automatically renewable for equal periods.
2 - Where the provider does not intend the license to be renewed, it shall report this fact to ANACOM by the date of renewal.
3 - In the absence of the report provided for in the preceding paragraph, ANACOM shall declare the renewal of the license and issue the corresponding endorsement, indicating the new term and submitting it to the provider within 30 days at the most from the date of renewal.
SECTION II
Amendment to the license
Article 8
License amendment on ANACOM’s initiative
1 - For the purpose of point a) of paragraph 1 of article 31 of the Postal Law, licenses may be amended on ANACOM’s initiative, further to the publication of rules that are approved laying down requirements and conditions not provided for at the date the license was granted, in compliance with the principles of pursuit of the public interest and proportionality.
2 - For the purpose of the preceding paragraph, ANACOM shall notify the provider of the amendment intended to be introduced in the respective license, allowing it at least 10 days to assess the matter.
3 - Upon expiry of the deadline provided for in the preceding paragraph, ANACOM shall decide on the amendment of the license, and notify the provider of its decision, and where appropriate, the Regulatory Authority shall issue and submit the corresponding endorsement within at the most 5 days from the decision.
Article 9
License amendment on the provider’s initiative
1 - For the purpose of point b) of paragraph 1 of article 31 of the Postal Law, licenses may be amended at the request of the provider, subject to ANACOM’s authorization, namely:
a) To start the provision a new service under a license scheme;
b) To change the nature of a service;
c) To change the geographic area of action on national territory;
d) To change the deadline for the start of activity.
2 - For the purpose of the preceding paragraph, the application for license amendment shall be duly substantiated, including the following details:
a) In case of the start of provision of a new service under a license scheme:
i) Details provided for in paragraph 6 of article 5;
ii) Where required and taking into account the new service concerned, the update of information supplied under point e) of paragraph 1 of article 5;
b) In case of change in the nature of a service or in the geographic area of action on national territory:
i) Indication of the change concerned;
ii) Where appropriate, indication of any other change to other details provided for in paragraph 6 of article 5;
iii) Where required and taking into account the new service concerned, the update of information supplied under point e) of paragraph 1 of article 5;
c) In case of change in the deadline for the start of activity:
i) Indication of the intended new deadline;
ii) Indication of grounds for the amendment.
Article 10
Procedure
1 - The application provided for in the preceding article shall be submitted in writing, according to the model approved by ANACOM, specifically via:
a) Email to ANACOM’s general address;
b) The completion and submission of the form available at the website or reserved area.
2 - Upon reception and entry of the application, ANACOM shall:
a) Notify the applicant, in writing, of its reception, informing it of:
i) The date of entry of the application;
ii) The file number;
iii) The identification and contact details of the service dealing with the application;
iv) The deadline for the final decision, the effects resulting from the lack of a final decision by that deadline and the applicable administrative means of reaction;
b) Check whether the application was duly submitted and, if this is not the case, and in a substantiated manner, request the applicant, in writing, to address shortcomings that ANACOM is not able to correct of its own motion, as well as to provide information or documents that are deemed necessary for assessment purposes.
3 - The application shall be decided within 40 days at the most, a time-limit which is suspended, in the cases provided for in point b) of the preceding paragraph, up to the reception of the requested response.
4 - The application shall be rejected:
a) Where it fails to meet the requirements set out in the preceding article;
b) Where, in case of the start of a new service, it does not correspond to a postal service.
5 - In the act of approval of the application, ANACOM shall amend the license and issue the corresponding endorsement, submitting it to the applicant within at the most 5 days from the decision, in accordance with article 35.
7 - Upon expiry of the time-limit set out in paragraph 3, ANACOM shall automatically issue and notify the applicant of a document attesting the tacit approval of the application, and the license shall be amended, the corresponding endorsement being submitted to the applicant within at the most 5 days from the decision, in accordance with article 35.
SECTION III
Transfer of the license
Article 11
Application
For the purpose of article 32 of the Postal Law, providers that intend to obtain a prior authorization from ANACOM for the transfer of a license shall submit an application that includes:
a) Details that allow the full identification of the transferee, except a provider already registered is concerned;
b) Description of activities already pursued by the transferee in the scope of postal services, where appropriate;
c) Data on technical and human resources required to ensure compliance with essential requirements provided for in article 7 of the Postal Law;
d) Update of information provided under paragraph 6 of article 5, where appropriate, without prejudice to articles 9 and 10;
e) Scheduled date for the license transfer.
Article 12
Procedure
1 - The application provided for in the preceding article shall be submitted in writing, jointly by the transmitting provider and by the transferee, according to the model approved by ANACOM, specifically via:
a) Email to ANACOM’s general address;
b) The completion and submission of the form available at the website or reserved area.
2 - Upon reception and entry of the application, ANACOM shall:
a) Notify both applicants, in writing, of its reception, namely for the purpose of point a) of paragraph 1 of article 28 and article 32, both of the Postal Law, informing them of:
i) The date of entry of the application;
ii) The file number;
iii) The identification and contact details of the service dealing with the application;
iv) The deadline established by law for the final decision, the effects resulting from the lack of a final decision by that deadline and the applicable administrative means of reaction;
b) Check whether the transferee:
i) Complies with requirements set out in paragraphs 2 and 3 of article 24 of the Postal Law;
ii) Is not in one of the situations referred to in points b) and c) of paragraph 2 of article 28 of the Postal Law;
c) Check whether the application was duly submitted and, if this is not the case, and in a substantiated manner, request both applicants, in writing, to address shortcomings that ANACOM is not able to correct of its own motion, as well as to provide information or documents that are deemed necessary, namely for the purpose of points b) and c) of paragraph 1 of article 28 and of article 32, both of the Postal Law.
3 - The application shall be decided within 40 days at the most, a time-limit which is suspended, in the cases provided for in point c) of the preceding paragraph, up to the reception of the requested response.
4 - The application shall be rejected:
a) Where the transferee fails to meet the requirements set out in paragraphs 2 and 3 of article 24, as provided for in point a) of paragraph 2 of article 28 and article 32, both of the Postal Law;
b) Where the application fails to meet the requirements set out in the preceding article, as provided for in point a) of paragraph 2 of article 28 and in article 32, both of the Postal Law;
c) Where the transferee is in one of the situations provided for in points b) and c) of paragraph 2 of article 28, in accordance with article 32, both of the Postal Law.
5 - In the act of approval of the application, ANACOM shall issue the prior authorization for the transfer of the license, and notify both applicants.
7 - Upon expiry of the time-limit set out in paragraph 3, ANACOM shall automatically issue and notify both applicants of a document attesting the tacit approval of the application, and a prior authorization for the transfer of the license shall be issued.
Article 13
Transfer of the license
1 - The license transfer shall be reported to ANACOM within at the most 30 days from the date on which it takes place.
2 - ANACOM shall issue and submit the corresponding endorsement to the transferee within at the most 5 days from the report provided for in the preceding article.
SECTION IV
Extinction of the license
Article 14
Causes for extinction of the license
Licenses shall be extinguished:
a) On revocation, in accordance with paragraph 3 of article 33 and in article 48, both of the Postal Law;
b) On expiry, in accordance with paragraph 2 of article 33 of the Postal Law and the following article.
Article 15
Expiry of the license
1 - The following situations shall be considered grounds for license expiry:
a) Giving up the start of activity;
b) Cessation of activity;
c) Death or extinction of the provider;
d) Occurrence of any event that makes it absolutely impossible to further pursue the concerned activity.
2 - In the cases provided for in the preceding paragraph, ANACOM shall declare the expiry of the license, notifying the provider, and where appropriate, issuing and submitting it the declaration provided for in article 36.
CHAPTER III
General authorization scheme
Article 16
Reporting the start of activity
1 - For the purpose of paragraph 1 of article 34 of the Postal Law, bodies that intend to start activity under a general authorization scheme shall give ANACOM prior notice of:
a) Details that allow their full identification;
b) Description of the service intended to be provided;
c) Scheduled date for start of activity.
2 - For the purpose of point a) of the preceding paragraph, the report shall attach the following details:
a) Identification details of the provider;
b) Identification details of the permanent representation of the provider in Portugal, where appropriate;
c) Contact details for the purpose of general reports and notifications.
3 - As proof of details provided for in points a) and b) of the preceding paragraph, the report shall attach a valid identification document, where appropriate, and in the case of natural persons, evidence that their activity is open at the Tax Office.
4 - For the purpose of point c) of paragraph 2, contacts that imply the payment of premium rates shall not be indicated.
5 - The indication of contact details for the purpose of general reports and notifications, under point c) of paragraph 2, shall be without prejudice to the gathering of contacts for specific purposes, on the initiative of ANACOM.
6 - For the purpose of points b) and c) of paragraph 1, the report shall attach the following details:
a) Nature of each service, including:
i) Type of service;
ii) Type of postal item;
iii) National and/or international scope;
b) Characteristics of each service, including:
i) Description of the way in which the service is provided;
ii) Market segments;
c) Geographic area of action on national territory;
d) Supporting postal network on national territory;
e) Scheduled date for start of activity or, where appropriate, scheduled dates for start of provision of each service.
7 - In the case of foreign bodies that do not intend to pursue their activity under a scheme of free provision of services and still lack an operating establishment on national territory, the report must also attach a declaration of their intention to establish themselves in Portugal after the date of start of activity, in order to meet the provision set out in paragraph 2 of article 24 of the Postal Law.
8 - Providers whose scheduled date for starting activity under a general authorization scheme has been exceeded, and still have not started activity by the deadline for submitting the first regular statistical report to ANACOM, shall be required, at the request of the Regulatory Authority and by the deadline set for the purpose, as appropriate, to:
a) Indicate a new date for the start of activity and, where appropriate, the service concerned;
b) Report that the provider has given up the start of activity.
Article 17
Procedure
1 - The report provided for in the preceding article shall be submitted in writing, according to the model approved by ANACOM, specifically via:
a) Email to ANACOM’s general address;
b) The completion and submission of the form available at the website or reserved area.
2 - Upon reception and entry of the report, ANACOM shall:
a) Confirm its reception, in writing, informing the body of:
i) The nature of the report and the general authorization scheme;
ii) The date of entry of the report;
iii) The file number;
iv) The identification and contact details of the service dealing with the application;
b) Check whether the body:
i) Complies with requirements set out in paragraphs 2 and 3 of article 24 of the Postal Law;
ii) Is not in one of the situations referred to in paragraph 3 of article 34 of the Postal Law;
c) Check whether the report was duly submitted and, if this is not the case, and in a substantiated manner, request the body, in writing, to address shortcomings that ANACOM is not able to correct of its own motion, as well as to provide information or documents that are deemed necessary for assessment purposes.
3 - Without prejudice to the prior hearing of the body and to the final assessment notification, under the law, ANACOM shall not undertake the registration in the register:
a) Where the body fails to meet the requirements set out in paragraphs 2 and 3 of article 24 of the Postal Law and, where appropriate, to present the declaration provided for in paragraph 7 of the preceding article;
b) Where the body is in one of the situations provided for in paragraph 3 of article 34 of the Postal Law;
c) Where the service described in the report does not correspond to a postal service.
CHAPTER IV
Common reporting duties
Article 18
Common reporting duties
For the purpose of point h) of paragraph 1 of article 37 of the Postal Law, active providers under a license and/or general authorization schemes shall be required to report, specifically:
a) The start of activity of a new service under a general authorization scheme, in accordance with article 19;
b) The change of details previously submitted concerning a service, in accordance with article 20;
c) The change of identification or contact details previously submitted, in accordance with article 21;
d) The suspension or extinction of a service, in accordance with article 22;
e) The suspension or cessation of activity, in accordance with article 23.
Article 19
Reporting the start of provision of a new service
1 - Providers that start the provision of a new service under a general authorization scheme shall be required to report to ANACOM, within at the most 30 days from the starting date:
a) Identification of the provider;
b) Description of the new service, in accordance with paragraph 6 of article 16.
2 - Providers whose scheduled date for starting the provision of a new service under a general authorization scheme has been exceeded, and still have not started operating by the deadline for submitting the first regular statistical report to ANACOM, shall be required, at the request of the Regulatory Authority and by the deadline set for the purpose, as appropriate, to:
a) Indicate a new date for starting the provision of the service;
b) Report that the provider has given up the start of the service provision.
Article 20
Reporting the change of service
1 - Without prejudice to articles 9 and 10, providers shall be required to report to ANACOM any change to the following details provided for each service, in accordance with Chapters II and III, within the most 30 days from the date on which the change concerned takes place:
a) Type and nature of the service;
b) Geographic area of action on national territory;
c) Supporting postal network on national territory;
d) In case of foreign providers, the service provision scheme under which their activity is pursued on national territory.
2 - Providers shall report to ANACOM any change to any other detail supplied for each service, at the latest in the scope of the response to the annual postal service questionnaire, on terms to be determined each year by this Authority.
Article 21
Reporting the change of identification or contact details
1 - Providers shall be required to report to ANACOM any change to the following details, within the most 30 days from the date on which the change concerned takes place:
a) Name or corporate name;
b) Permanent address or registered place of business;
c) Corporate name or location of the permanent representation, where appropriate;
d) Contact details previously provided for the purpose of general reports and notifications.
2 - The report provided for in the preceding paragraph shall attach the following details:
a) Identification of the provider;
b) Indication of the change.
3 - Where appropriate, providers shall attach to the report provided for in this article the valid identification document required under paragraph 3 of article 5 or paragraph 3 of article 16.
4 - Providers shall report to ANACOM any change to any other detail supplied, at the latest in the scope of the response to the annual postal service questionnaire, on terms to be determined each year by this Authority.
Article 22
Reporting the suspension or extinction of a service
1 - Providers shall be required to report to ANACOM the suspension or extinction of a given service, within the most 30 days from the date on which such situations occur.
2 - The report provided for in the preceding paragraph shall attach the following details:
a) Identification of the provider;
b) Indication of the service to be suspended or extinguished;
c) Indication of the date of suspension or extinction;
d) In the case of suspension, indication of the date on which the provision is scheduled to restart.
3 - The report duty provided for in this article shall be deemed to be met where the provider reports to ANACOM the notice published in accordance with points d) or e) of paragraph 1 of article 37 of the Postal Law, as appropriate, insofar as the notice includes the details provided for in the preceding paragraph.
Article 23
Reporting the suspension or cessation of activity
1 - Providers shall be required to report to ANACOM the suspension or cessation of activity, within the most 30 days from the date on which such situations occur.
2 - The report provided for in the preceding paragraph shall attach the following details:
a) Identification of the provider;
b) Indication of the date of suspension or cessation;
c) In the case of suspension, indication of the date on which the provision is scheduled to restart.
3 - In case of suspension of activity, the reporting duty provided for in this article shall be deemed to be met where the provider reports to ANACOM the notice published in accordance with point e) of paragraph 1 of article 37 of the Postal Law, insofar as the notice includes the details provided for in the preceding paragraph.
Article 24
Common procedure
1 - Reports provided for in this Chapter IV shall be in writing, according to the model approved by ANACOM, specifically via:
a) Email to ANACOM’s general address;
b) The completion and submission of the form available at the website or reserved area.
2 - Upon reception and entry of the report, ANACOM shall:
a) Confirm its reception, in writing, informing the provider of:
i) The date of entry of the report;
ii) The file number;
iii) The identification and contact details of the service dealing with the application;
b) Check whether the report was duly submitted and, if this is not the case, and in a substantiated manner, request the body, in writing, to address shortcomings that ANACOM is not able to correct of its own motion, as well as to provide information or documents that are deemed necessary for assessment purposes.
3 - In case the Regulatory Authority concludes that the new service reported in accordance with article 19 does not correspond to a postal service, ANACOM shall not amend the provider’s registration, without prejudice to the latter’s prior hearing and to the final assessment notification, under the law.
4 - The confirmation provided for in point a) of paragraph 2 may be exempted where the registration may be immediately and automatically amended, without prejudice to article 33.
CHAPTER V
Register
SECTION I
General provisions
Article 25
Purpose of the register
The register is intended to support the exercise of ANACOM’s competences and to disclose providers and their activity.
Article 26
Registration details
1 - For the purpose of paragraph 1 of article 26 of the Postal Law, the registration of each provider in the register shall include the following details:
a) Registration number;
b) Full identification of the provider;
c) All details reported concerning its activity and each service.
2 - The registration of each provider in the register shall also include the following details:
a) The decision to suspend the provider’s activity, determined by ANACOM in accordance with paragraph 4 of article 48 of the Postal Law;
b) The decision to apply the additional penalty of suspension of the exercise of the activity, determined by ANACOM in accordance with point a) of article 50 of the Postal Law;
c) The decision to apply the additional penalty of ban on engaging in the respective activity, determined by ANACOM in accordance with point b) of article 50 of the Postal Law;
d) Any other decision with impact on the exercise of the activity, determined by ANACOM in the scope of sanctioning procedures.
3 - The registration of each provider in the register shall also include any other additional notes required as regards registration details.
Article 27
Register tools
1 - To maintain the register, each provider is assigned a register file which includes:
a) Registration details;
b) Additional notes;
c) Files, reports and documents with regard to the maintenance of the register.
2 - The register is publicly available in accordance with and with the limits provided for in the law, in compliance with the principle of open administration.
Article 28
Disclosure
1 - For the purpose of point c) of paragraph 1 of article 9 of ANACOM’s Statutes, approved by Decree-Law No. 39/2015, of 16 March, and of paragraph 1 of article 26 and point c) of paragraph 1 of article 53 of the Postal Law, ANACOM shall disclose the register at its website, including the following details for each registration:
a) Registration number;
b) Name or corporate name of the provider;
c) Permanent address or registered place of business of the provider;
d) Corporate name or location of the permanent representation of the provider in Portugal, where appropriate;
e) Nature of services provided on national territory;
f) Geographic area of action on national territory;
g) Supporting postal network on national territory;
h) Scheduled date for start of activity on national territory;
i) Where appropriate, indication that postal services are provided on national territory under a scheme of free provision of services.
2 - The provision in the preceding paragraph shall not prevent ANACOM from publishing details of the registration in the register through other means, as deemed to be appropriate to the exercise of its competences, without prejudice to provisions set out in the law on the protection of personal data and reserved information.
SECTION II
Register acts
Article 29
Registration in the register
1 - It shall be incumbent on ANACOM to undertake the registration of the provider in the register, as appropriate:
a) When the license is issued, in accordance with article 6;
b) After the transfer of the license is reported and when the corresponding endorsement is issued, in accordance with article 13;
c) Within 10 calendar days from reception of the report of start of activity, submitted in accordance with paragraph 7 of article 5 or with article 16, or of the response to the request provided for in point c) of paragraph 2 of article 6 or in point c) of paragraph 2 of article 17, the corresponding declaration being issued, in accordance with article 36, and submitted to the provider.
2 - Whenever ANACOM finds that a provider supplies postal services under a general authorization scheme without having reported the activity in accordance with article 16, the Regulatory Authority shall notify the provider in accordance with paragraphs 1 and 2 of article 48 of the Postal Law.
3 - In the cases provided for in the preceding paragraph and upon expiry of the deadline provided for in paragraph 3 of article 48 of the Postal Law without the provider having complied with the reporting duty provided for in article 16, ANACOM shall be entitled to undertake the respective registration in the register, notifying the provider in accordance with article 33, without prejudice to the sanctioning procedure that may apply.
Article 30
Amendment to the registration
1 - It shall be incumbent on ANACOM to amend the registration of the provider in the register:
a) When renewing, amending or transferring the license, in accordance, respectively, with article 7, articles 8 to 10, and articles 11 to 13;
b) Upon reception of the report in accordance with articles 19 to 23, or, where appropriate, of the response to the request provided for in point b) of paragraph 2 of article 24, ANACOM being also required, where appropriate:
i) In the case of the extinction of a service under a license scheme, to amend the license and to issue and submit the corresponding endorsement to the provider, within five days from the decision;
ii) In the case of the change of the name or corporate name of the provider under a license scheme, to amend the license and to issue and submit the corresponding endorsement to the provider, within five days from the decision;
iii) In the case of the change of the name or corporate name of the provider exclusively under a general authorization scheme, to amend the license and to issue and submit to the provider the corresponding endorsement, within five days from the decision.
2 - Whenever ANACOM finds that a change has occurred in details associated to the registration of a provider in the register without the provider having reported such change in accordance with Chapter IV, the Regulatory Authority shall notify the provider in accordance with paragraphs 1 and 2 of article 48 of the Postal Law.
3 - In the cases provided for in the preceding paragraph and upon expiry of the deadline provided for in paragraph 3 of article 48 of the Postal Law without the provider having complied with the reporting duty provided for in Chapter IV, ANACOM shall be entitled to amend the respective registration in the register, notifying the provider thereof, without prejudice to the sanctioning procedure that may apply.
4 - Paragraphs 2 and 3 shall not apply to changes of identification details that require commercial register, in which cases ANACOM may immediately amend the corresponding registration, without prejudice to the sanctioning procedure that may apply.
Article 31
Cancellation of the registration
1 - The registration shall be cancelled by ANACOM:
a) In the scope of the license scheme:
i) After the transfer of the license is reported;
ii) Where ANACOM revokes the license;
iii) Where ANACOM declares the expiry of the license;
b) In the scope of the general authorization scheme:
i) Where the provider gives up starting its activity;
ii) Where the provides ceases its activity;
iii) In case of death or extinction of the provider;
iv) In case of any event occurs that makes it absolutely impossible to further pursue the concerned activity.
2 - The registration may also be cancelled by ANACOM where:
a) A provider exclusively under a general authorization scheme fails to effectively start its activity by the scheduled date and to report, in accordance with paragraph 8 of article 16, the new date on which the provision is scheduled to start;
b) A provider exclusively under a general authorization scheme voluntarily suspends its activity and, upon request of ANACOM and by the deadline set for the purpose, fails to report the new date on which the provision is scheduled to restart.
3 - For the purpose of point b) of the preceding paragraph, it shall be assumed that the provider voluntarily suspends its activity when all of its services are extinguished and the cessation of its activity is not reported.
Article 32
Suspension of registration
1 - For the purpose of paragraph 2 of article 26 of the Postal Law, and where ANACOM finds it impossible to notify a provider for more than 90 days, on grounds attributable to the latter, the Regulatory Authority shall suspend the registration, without prejudice to the immediate settlement and collection of fees due and to the sanctioning procedure that may apply.
2 - For the purpose of the preceding paragraph, it is deemed that:
a) The notification to the provider is impossible, where cumulatively:
i) A notice by registered letter sent to the address indicated in accordance with point c) of paragraph 2 of article 5, point c) of paragraph 2 of article 16 or point d) of paragraph 1 of article 21 is returned at least three times on different dates and ANACOM is not able to obtain information on a new address within 90 days from the date of the last notice attempt;
ii) In case a telefax number has been indicated in accordance with point c) of paragraph 2 of article 5, point c) of paragraph 2 of article 16 or point d) of paragraph 1 of article 21, and a notice via telefax means is permitted under the law, such notice fails to be successfully sent at least three times on different dates and ANACOM is not able to obtain information on a new telefax number within 90 days from the date of the last notice attempt;
iii) The provider fails to access its account in the reserved area, where available, by both deadlines provided for in the preceding sub-points;
b) The notification is deemed to be impossible by the term of the last 90-day deadlines provided for in sub-points i) and ii) of the preceding point.
3 - The condition provided for in sub-point i) of point a) of the preceding paragraph shall be deemed to be met where ANACOM finds that the provider has abandoned the premises located at the address indicated in accordance with point c) of paragraph 2 of article 5, point c) of paragraph 2 of article 16 or point d) of paragraph 1 of article 21 and ANACOM is not able to obtain information about a new address within 90 days from the date of these findings.
Article 33
Procedures
1 - The act of registration shall take place in writing and the provider shall be deemed to be notified, in accordance with the law, through the submission of the license certificate or the declaration, as appropriate.
2 - The acts of registration amendment shall take place in writing and providers shall be notified in accordance with the law, being deemed to be notified, where appropriate, through the submission of the endorsement to the license or to the declaration.
3 - The acts of registration cancellation shall take place in writing and providers shall be notified in accordance with the law.
4 - All register acts that focus on public registration details, in accordance with article 28, shall be published at the website.
SECTION III
Register documents
Article 34
License
1 - For the purpose of article 29 of the Postal Law, the license shall abide by the draft approved by ANACOM and shall include, at least, the following details:
a) Confirmation that the provider is registered in the register;
b) Registration number;
c) Name or corporate name of the provider;
d) Identification numbers of the provider;
e) Type and nature of services concerned;
f) Geographic area of action on national territory;
g) Scheduled date for start of activity;
h) Rights and obligations of the provider;
i) Term and date of expiry of the license;
j) Indication that other details of the provider’s registration, including, where appropriate, its activity under a general authorization scheme, may be consulted at the website.
2 - In case of loss and at the request of the provider, ANACOM shall issue a license duplicate.
Article 35
Endorsement to the license
1 - ANACOM shall issue an endorsement to the license:
a) Where the license is renewed, in accordance with article 7;
b) Where the license is amended, in accordance with article 8 or articles 9 and 10;
c) Where the license is transferred, in accordance with articles 11 to 13;
d) In case of a change in the name or corporate name of the provider, in accordance with sub-point ii) of point b) of paragraph 1 of article 30;
e) Where a service is extinguished, in accordance with sub-point i) of point b) of paragraph 1 of article 30;
2 - License endorsements shall be sequentially numbered.
Article 36
Declaration
1 - For the purpose of paragraph 1 of article 35 of the Postal Law, the declaration shall abide by the draft approved by ANACOM and shall include, at least, the following details:
a) Confirmation that the provider is registered;
b) Registration number;
c) Name or corporate name of the provider;
d) Identification numbers of the provider;
e) Indication that the up-to-date contents of the provider’s registration requires confirmation through consultation of the website.
2 - In case of loss and at the request of the provider, ANACOM shall issue a declaration duplicate.
Article 37
Endorsement to the declaration
1 - ANACOM shall issue an endorsement to the declaration in case of a change in the name or corporate name of the provider.
2 - Declaration endorsements shall be sequentially numbered.
Article 38
Registration extract
1 - The registration extract shall abide by the draft approved by ANACOM and reproduce the full and up-to-date contents of all registration details and respective additional notes.
2 - The registration extract shall be issued by ANACOM:
a) Jointly with the license or the declaration;
b) At the request of the provider, at any time.
3 - The registration extract may also be downloaded at the reserved area.
CHAPTER VI
Models, drafts and forms
Article 39
Models and drafts
1 - ANACOM shall approve, in accordance with the law and this regulation, the models for applications and reports provided for in Chapters II, III and IV.
2 - For the purpose of the preceding paragraph, ANACOM is entitled to approve different models for specific categories of services.
3 - ANACOM shall approve, in accordance with the law and this regulation, the following drafts:
a) License draft, in accordance with article 34;
b) License endorsement draft, in accordance with article 35;
c) Declaration draft, in accordance with article 36;
d) Declaration endorsement draft, in accordance with article 37;
e) Registration extract draft, in accordance with article 38.
Article 40
Forms
1 - ANACOM shall make available at its website the forms that correspond to the application and report models approved in accordance with the preceding article, for download of for completion and submission purposes.
2 - Forms provided for in the preceding article shall also be made available at the electronic one-stop shop for services, provided for in article 6 of Decree-Law No. 92/2010, of 26 July, in accordance with the arrangements to be established in the scope of the cooperation agreement between ANACOM and the respective managing body, pursuant to article 25 of the Postal Law.
3 - Forms shall include clear and easily accessible information on formalities and documents required for the submission of the corresponding applications and reports, completion instructions and any other relevant information.
CHAPTER VII
Electronic services
Article 41
Website
ANACOM shall make available, at its website, the following information and functionalities, among others deemed to be necessary:
a) Complete, clear and easily accessible information for any interested party on the scheme for access to the activity of postal service provision;
b) Register, in accordance with article 28, including copies of issued licenses, declarations and endorsements;
c) Forms made available by ANACOM, in accordance with article 40;
d) Access to the reserved area.
Article 42
Reserved area
1 - ANACOM shall maintain, at its website, a reserved area for the management of the registration by providers in the register, where the following items shall be made available:
a) Information provided for in points a) and b) of the preceding article;
b) The following functionalities, among others deemed to be necessary:
i) Consultation of all up-to-date registration details;
ii) Download of an up-to-date registration extract;
iii) Download of a copy of issued licenses, declarations and endorsements;
iv) Download, completion and submission of forms approved by ANACOM;
v) Consultation of the status of ongoing procedures in the scope of the register maintenance;
vi) An account for the reception and consultation of reports and notifications sent by ANACOM in the scope of the register maintenance;
vii) The submission to ANACOM of other applications, reports and documents in the scope of the register maintenance;
viii) Management of tools for access to the reserved area.
2 - Applications and reports submitted by completing and submitting the form available at the reserved area shall be assumed to be signed on behalf of the provider.
3 - Services provided for in this article may be accessed through the electronic one-stop shop for services, provided for in article 6 of Decree-Law No. 92/2010, of 26 July, in accordance with the arrangements to be established in the scope of the cooperation agreement between ANACOM and the respective managing body, pursuant to article 25 of the Postal Law.
4 - ANACOM shall make available to registered providers the necessary tools for access to the reserved area, including access credentials, in accordance with the arrangements to be established under the law, in order to ensure the confidentiality and security of information.
CHAPTER VIII
Additional provisions
Article 43
Enforcement
It shall be incumbent on ANACOM to guarantee the enforcement of this Regulation.
Article 44
Sanctioning scheme
Infringements to Chapters II, III and IV of this regulation shall be punishable in accordance with points l), m), n) or p) of paragraph 1 of article 49 of the Postal Law.
CHAPTER IX
Transitional and final provisions
Article 45
Register update
1 - ANACOM shall undertake the necessary adjustments to the register update, so as to comply with this Regulation, including:
a) The numbering of providers’ registration;
b) The issue of a new license certificate, to replace all previously issued certificates and endorsements;
c) The issue of a new declaration, to replace all previously issued declarations and endorsements;
d) The completion of providers’ registration details, on the basis of applications and reports previously received;
2 - For the purpose of point d) of the preceding paragraph, ANACOM shall:
a) With respect to contacts for the purpose of general reports and notifications, inform providers of contacts assumed for the purpose as from the date of entry into force of this Regulation;
b) With respect to the activity pursued, request providers, where appropriate, to supply missing information and, having the completion been concluded, inform the up-to-date content of their registration, so that the respective details may be confirmed.
Article 46
Terms
Rules in article 87 of the Administrative Procedure Code, approved by Decree-Law No. 4/2015, of 7 January, shall apply to the calculation of terms provided for in this Regulation.
Article 47
Entry into force
1 - Without prejudice to the following paragraphs, this Regulation shall enter into force within 60 days from the date of its publication.
2 - The reserved area provided for in article 42, and all details provided for in paragraph 1 of article 28, shall only be made available after ANACOM has completed the register updating process, in accordance with article 45.
3 - Provisions in this Regulation with regard to the registration extract shall only enter into force on the date of approval of the respective draft, in accordance with point e) of paragraph 3 of article 39.
6 December 2018. - The Chairman of the Management Board, João António Cadete de Matos
