Relating to the provision of universal postal services (The Postal Services Act)
Amended by Act No. 5 of9 January 1998, Act No. 24 of30 April 1999and Act No. 51 of 20 June 2003.
Section 1. The scope of the Act
This Act concerns the provision of universal postal services in return for remuneration.
Section 2. The purpose of the Act
The purpose of the Act is to ensure the provision of good-quality, universal postal services at a reasonable price.
Section 3. Definitions
For the purpose of this Act, the following definitions shall apply:
universal postal services: services relating to letters up to 2 kilograms, newspapers and magazines subscriptions up to 2 kilograms or postal parcels weighing up to 20 kilograms, provided universally or in a geographically limited area;
postal operator: any person who provides postal services as a commercial activity;
provision of services: collection, sorting, transport and/or delivery of postal items.
The King may by regulations further define the type of postal service that falls within the scope of the Act. In case of doubt the Ministry may decide what is to be regarded as a postal service.
Section 4. Provision of postal services requiring a licence
The regular provision of postal services in return for remuneration may only be carried out by a person who has been granted a licence by the Ministry. The King may lay down regulations concerning further limitation of the licensing requirement.
The licence may be subject to a time limit.
The Ministry may decide that the licence shall lapse one year from the date advance notification has been sent pursuant to the Public Administration Act.
Section 5. Licensing conditions
Conditions may be attached to a licence granted pursuant to section 4. Such conditions may concern:
the duty to provide universal postal services,
service and quality,
postal networks,
criteria for calculating tariffs,
information to the public on tariffs, etc.,
the forwarding of literature for the blind, etc.,
emergency preparedness duties.
When granting a licence and setting the licence conditions the licence authorities must ensure the provision of universal postal services to the public at prices geared to costs. A geographical uniform tariff must be applied at reserved postal services. Geographical uniform tariff shall be understood as the same tariff within the geographical scope of the act. The following standard of service must be offered:
one collection of postal items every working day,
one delivery every working day to the home or premises of every natural or legal person, or under extraordinary circumstances one delivery to appropriate installations,
provision of services for registered items and insured items.
The conditions of a licence may be amended:
when an international agreement to which Norway has acceded provides grounds for so doing,
when a reservation is made in the licence, or
in pursuance of general rules for revision.
Section 6. Reserved services
Norway Post shall within the weight and price limits described in second paragraph be given the exclusive right to regularly distribute in return for remuneration closed, addressed domestic letters and to distribute in Norway comparable items from other countries, on the conditions laid down in a licence granted pursuant to section 4, cf. section 5. Distribution of books, catalogues, newspapers and periodicals are not part of the reserved services, even if such items are sent closed and addressed. The King may make regulations prescribing what are to be regarded as closed letters and.
Until 31 December 2005 the reserved area covers letters weighing up to 100 grams and price up to three times the public tariff for a domestic priority letter in the first weight step (20 grams). As of 1. January 2006 the reserved area covers letters weighing up to 50 grams and price up to two and a half times the public tariff for a domestic priority letter in the first weight step (20 grams).
The Ministry may grant an exemption from the first paragraph in favour of another postal operator with a licence granted pursuant to section 4.
Section 7. Stamps and other means of franking
No person may issue or approve the use of stamps or other means of franking bearing the name of Norway without the King's permission.
Section 8. Tariffs
The Ministry may make regulations to the effect that tariffs applied by a postal operator licensed pursuant to sections 4 to 6 are subject to the Ministry's approval.
Section 9. Sender's right of disposal
The sender of a postal item has a right of disposal of the said item until it has been delivered to the addressee at the place of destination.
The Ministry may make regulations concerning the sender's right of disposal and concerning charges in connection with the use thereof.
Section 10. Right to examine postal items
A postal operator may open and examine a postal item if there is reason to suspect that the item is not adequately packed in relation to its contents or that it contains anything that is dangerous to send. If the contents are dangerous, the item may be destroyed.
The Ministry may make further regulations.
Section 11. Undeliverable postal item
The Ministry will make further regulations regarding when a postal item shall be considered undeliverable and how undeliverable postal items shall be dealt with, including regulations regarding the right of a postal operator to open a postal item in order to ascertain the sender or addressee.
Undeliverable postal items may be sold. The net gain from the sale shall be disbursed to any person who comes forward within one year after the sale has taken place and proves that he is entitled to the sum. Postal items which have no sales value or for other reasons should not be offered for sale may be destroyed.
Section 12. Items posted abroad
If an international agreement to which Norway has acceded so allows, a postal operator may refuse to distribute postal items which a sender residing in its territory posts or allows to be posted abroad for the purpose of obtaining more reasonable postage conditions. This shall also apply when the postal items are produced abroad.
The Ministry may make further regulations.
Section 13. Duty of confidentiality
Any person who performs work or a service for a postal operator has a permanent duty of confidentiality regarding any knowledge the said person may gain through his activity concerning the senders, addressees and contents of postal items.
The duty of confidentiality shall not apply if there is a duty to provide information pursuant to statutory provisions.
Nor shall the duty of confidentiality prevent the police from examining whether a postal item contains narcotics without opening it. Persons carrying out such examinations shall have a duty of confidentiality pursuant to the first paragraph as regards matters not related to their assignment.
Section 14. Letter-box on another person's property
Letter-boxes intended for the reception of postal items may be sited on another person's property if Norway Post deems it necessary for the efficient delivery of mail and if it does not cause any particular damage or inconvenience.
Section 15. The postal operator's duty to mark postal items
The Ministry may make regulations to the effect that postal operators shall mark postal items with the name of their company if the said items are delivered to the addressee's mailbox.
Section 16. Duty of scheduled transport services to convey postal items
The Ministry may order scheduled transport services to convey postal items in return for remuneration for postal operators on which an obligation to provide universal postal services has been imposed pursuant to section 5.
The amount of remuneration may be determined by official assessment. The Ministry may determine that the order shall take effect prior to the conducting of an official assessment.
Section 17. Duty to register
A register shall be kept of postal operators. Postal operators have a duty to register with the Ministry. The Ministry will lay down regulations regarding registration.
Section 18. Supervision
The Ministry shall supervise compliance with this Act and appurtenant regulations, and with requirements laid down in or pursuant to this Act.
The Ministry may require that postal operators provide any information necessary to ensure compliance with this Act and the licensing conditions. The information may be required to be provided in writing or verbally within the time limit determined by the ministry.
The Ministry may subject postal operators to random checks and other controls. The Ministry will lay down regulations regarding supervision and control.
Section 19. Internal control system
The Ministry may order postal operators to establish a documented internal control system in order to ensure compliance with this Act and the licensing conditions. The Ministry may make regulations regarding internal controls.
Section 20. Fees
The Ministry may make regulations regarding a licence fee to cover the costs of processing the licence pursuant to section 4, a fee to cover the costs of registration pursuant to section 17 and a fee to cover the costs of supervision pursuant to section 18.
Section 21. Charges
The Ministry may order postal operators to pay a charge to the state to finance the provision of universal postal services. The Ministry may make regulations regarding the computation of the charge.
Section 22. Compensation
Postal operators are liable for unregistered postal items which are damaged, lost or delayed, if this is due to gross negligence.
Postal operators are liable for registered postal items which are damaged, lost or delayed. If registered items are delayed postal operators are only liable when the delay is due to gross negligence. The requirement for gross negligence is not valid if a specific remuneration is payed for a rapid delivery or delivery on an agreed date/period of delivery.
Postal operators are in any case not liable if the damage, the loss or the delay is caused by:
mistake or negligence from the injured party,
the nature of the postal item,
missing or insufficient packing or
circumstances which the postal operator could not avoid and whose consequences could not be prevented by the operator.
Postal operators may pay compensation in excess of what is following of this section, in accordance with the operators' general provisions.
Postal operators' liability provisions and general provisions must be made known to customers in a suitable way so that such information is easily accessible for public.
The Ministry may by regulations determine minimum requirements for compensation for postal items which are damaged, lost or delayed. Liability shall cease if no complaint has been submitted within one year, calculated from the day after the postal item was posted.
Postal operators may pay compensation in excess of that arising from the first paragraph in accordance with the delivery conditions they offer. Such delivery conditions shall be easily comprehensible.
Section 23. Coercive fine
To ensure compliance with rules laid down pursuant to this Act, the Ministry may decide that a continuous fine shall be paid to the state each day until the matter has been remedied.
Section 24. Criminal liability
Any person who wilfully or negligently contravenes the provisions of sections 4, 6 or 7 or regulations laid down pursuant to the said sections, or is an accessory thereto, shall be liable to fines or imprisonment for a term not exceeding three months, unless the offence falls within the scope of a more stringent penal provision. The same applies to any person who wilfully or negligently contravenes the provisions of section 13. Contravention of sections 4, 6 and 7 of this Act shall not be subject to public prosecution except at the request of the Ministry.
Section 25. Entry into force
This Act shall come into force from a date to be decided by the King. The King may decide that individual provisions shall come into force on different dates.
Put into force 1 July 1997 (section 17 put into force 1 July 1998).
Section 26. Amendments to other Acts
From the date that this Act comes into force, the following amendments shall be made in other Acts: ---
