Ministério da Economia, CTT - Correios de Portugal, S.A. (Ministry of Economy, CTT - Correios de Portugal, S.A.)
Licensing agreement
On the 9th of September of two thousand and three, in the premises of the Ministry of Economy, located at Rua da Horta Seca, fifteen, Lisbon, appeared before me, Graduate Manuel Jorge Pombo Cruchinho, Secretary-General of this Ministry, empowered to act as public official for acts and contracts in which the members of the Government take part as grantors, pursuant to subsection d), of paragraph no. 2, of article 5, of Decree-Law no. 187/2003, of August 20:
As First Grantor:
The Ministry of Economy, Graduate Carlos Manuel Tavares da Silva, who signs on behalf of the Portuguese State, in accordance with the authorization granted by article 7, of Decree-Law no. 116/2003, of June 12;
AND
As Second Grantor:
Graduate Carlos Maria Cunha Horta e Costa, Chairman of the Board of Directors of CTT – Correios de Portugal, S.A., public limited company with registered office at Rua de São José, 20, in this city, with a share capital amounting to 533,800,274.97 € (five hundred thirty three million, eight hundred, two hundred seventy four euros and ninety seven centimes), with company tax payer number 500 077 568, registered in the Company Registry of Lisbon with number 1697, as evidenced with lawful document, which he submitted and is filed in the General Secretariat of this Ministry.
And before me, Secretary- General of this Ministry, both grantors said that, since article 3 of Decree-Law no. 116/2003, of June 12th, changed Basis I, II, VIII, XX, XXIV and XXXV of the universal postal service licensing, approved by Decree-Law no. 448/99, of November 4th, they agreed to amend the Universal Postal Service Licensing Agreement as follows:
1. The following amendments were made to Clauses 1, 2, 8, 20, 24 and 35 of the Concession Contract of the Universal Postal Service, entered into between the Government and CTT – Correios de Portugal, S.A., on the 1st of September 2000:
«Clause 1
Definitions
1 - ...
a) ...
b) ...
c) Postal Regulatory Authority or Regulator – ICP-ANACOM;
d) ...
e) ...
f) ...
g) ...
2 - ...
Clause 2
Object of Licensing
1 - ...
a) ...
b) ...
1) Postal service for sending correspondence, including mailings, whether by accelerated delivery or not, which price is lower than three times the public tariff for sending first step weight correspondence of the fastest standardised category, provided that its weight is lower than 100 g;
2) ...
3) ...
4) ...
5) ...
c) ...
1) ...
2) ...
3) ...
4) ...
2 - ...
3 – As from the 1st of January 2006, the price and weight limits referred to in sub-subsection 1) of subsection b) of paragraph no. 1, will be, respectively, two times and a half the public tariff for sending first step weight correspondence of the fastest standardized category and of 50 g, also applicable to the services referred to in sub-subsection 2) of subsection b) and in sub-subsections 1), 3) and 4) of subsection c) of paragraph no. 1.
4 – (Former n.º 3.)
Clause 8
General Obligations of the Licensee
1 - ...
a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...
h) ...
i) ...
j) ...
l) ...
m) ...
n) To ensure customer support services, namely through the availability of an appropriate information and assistance system as well as the creation of a transparent and easy access procedure that will allow for a fast processing of claims, namely in the case of loss, robbery, deterioration or non-compliance with the quality standards of the service, establishing, whenever deemed necessary, a refund or compensation system and including procedures that will allow to determine the responsibility in the cases that more than one operator is involved;
o) ...
2 - ...
3 - ...
Clause 20
Decisions subject to authorization
1 - ...
2 – The licensee undertakes to:
a) ...
b) ...
3 – The licensee undertakes to report to the regulator the decisions that he takes regarding the matters referred to in the previous paragraph. Whenever these decisions consist of the closing-up or reduction of the post offices opening hours, this report will have to be given at least two months before the date on which the decision would be effective, whereby in these cases the regulator may not allow the enforcement of the decision by informing the licensee.
4 – For the purposes of paragraph 3 above, the licensee communication shall also contain the respective reasoning, namely as to service needs, demand levels and meeting of the communication needs of the population and economic activities.
Clause 24
Price system
1 - ...
a) ...
b) ...
c) ...
d) ...
e) Forbidden existence of crossed subsidies to non-reserved services that are part of the universal service based on income coming from reserved services, except if those subsidies are absolutely necessary for compliance with the universal service specific obligations in the non-reserved area.
2 – Special prices applied by the universal service provider, namely for services to be provided to companies, bulk mailers or consolidators of mail from different customers, will have to:
a) Meet the principles of transparency and non-discrimination, which also apply to the conditions associated with special prices;
b) Take into account the avoided costs related to the standardised service that offers all the acceptance, processing, transportation and distribution operations of postal deliveries;
c) Be applied in the same manner, together with the associated conditions, both in the relations between third parties and in the relation between third parties and providers that provide equivalent services;
d) Be applied to private customers who send items under similar conditions.
3 – The rules for the determination of the prices of each one of the services contained in the universal service are fixed in a convention signed between ICP-ANACOM and the licensee, whereby the principles listed in the previous paragraphs are met and will be in force for 3-year periods, except as otherwise agreed between the parties.
4 – (Former no. 3.)
5 – In the event of restriction or loss of exclusive rights, the prices fixed before the signature of the agreement between ICP-ANACOM and the licensee shall remain in force. This agreement shall include the rules for fixing new prices, in accordance with the rules contained in the previosu paragraphs.
6 – (Former no. 5.)
Clause 35
License Redemption
1 - ...
2 - ...
3 – In case of redemption, the licensee is entitled to an indemnity equal to the value of the assets, which, on the date of the redemption, are allocated to the license, provided that they are included in the respective development plan of the public postal network supported by the licensee, less the respective depreciations and revaluations.
4 – In addition to the indemnity foreseen in the previous paragraph, the licensee is entitled to an extraordinary indemnity based on the number of years left till the end of the license term, multiplied by the average amount of the net profit for the five years before the redemption notice.»
2. All the other clauses and provisions of this Licensing Agreement will remain in force.
This amendment to the Concession Contract of the Universal Postal Service is composed of eight pages, which are going to be initialled and the last one signed by the Grantors and myself in my capacity of public official.
The First Grantor,
Carlos Manuel Tavares da Silva
(Economics Minister)
