European Communities (Postal Services) Regulations 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as European Communities (Postal Services Regulations 2002.
Interpretation
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paragraphs: (1) In these Regulations -
“access points” means physical facilities, including letter boxes provided for the public either on the public highway or at the premises of the universal service provider, where postal items may be deposited with the public postal network by customers;
“Act of 1983” means Postal and Telecommunications Services Act 1983 (No. 24 of 1983);
“clearance” means the operation of collecting postal items deposited at access points;
“Commission” means Commission of the European Communities;
“cross-border mail” means mail to or from another Member State or from or to a third country;
“data protection” includes personal data protection, the confidentiality of information transmitted or shared, and protection of privacy;
“direct mail” means a communication consisting solely of advertising, marketing or publicity material and comprising an identical message, except for the addressee's name, address and identifying number as well as other modifications which do not alter the nature of the message, which is sent to a significant number of addressees, to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping and includes cross-border as well as domestic mail, but does not include bills, invoices, financial statements or other non-identical messages and communications combining direct mail with other items within the same wrapping;
“Directive” means Directive No. 97/67/EC of the European Parliament and of the Council of 15 December 19971 as amended by Directive No. 2002/39/EC of the European Parliament and of the Council of 10 June 20022 ;
“distribution” means the process from sorting at the distribution centre to delivery of postal items to their addressees;
“document exchange” means provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service;
“essential requirements” means general non-economic reasons which can induce the State to impose conditions on the supply of postal services such as the confidentiality of correspondence, security of the network as regards the transport of dangerous goods and where justified, data protection, environmental protection and regional planning;
“insured item” means a service insuring the postal item up to the value declared by the sender in the event of loss, theft or damage;
“item of correspondence” means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping but does not include books, catalogues, newspapers and periodicals;
“Member State” means Member State of the European Communities;
“Minister” means Minister for Communications, Marine and Natural Resources;
“postal item” means an item addressed in the final form in which it is to be carried by the universal service provider and in addition to an item of correspondence, such an item also includes a book, catalogue, newspaper, periodical and postal package containing merchandise with or without commercial value;
“postal services” means services involving the clearance, sorting, transport and delivery of postal items;
“public postal network” means the system of organisation and resources of all kinds used by the universal service provider for the purposes in particular of:
(a) the clearance of postal items covered by a universal service obligation from access points throughout the State,
(b) the routing and handling of those items from the postal network access point to the distribution centre, and
(c) the distribution to the addresses shown on items;
“registered item” means a service providing a flat-rate guarantee against risks of loss, theft or damage and supplying the sender, where appropriate upon request, with proof of the handing in of the postal item or of its delivery to the addressee;
“Regulations of 2000” means European Communities (Postal Services) Regulations 2000 ( S.I. No. 310 of 2000 );
“Regulator” means Commission for Communications Regulation;
“sender” means a natural or legal person responsible for originating postal items;
“terminal dues” means the remuneration of universal service providers for the distribution of incoming cross-border mail comprising postal items from another Member State or from a third country;
“universal service” shall be construed in accordance with Regulation 4(1);
“universal service provider” means the public or private entity providing a universal postal service or parts thereof within the State, the identity of which has been notified to the Commission in accordance with Article 4 of the Directive and designated under Regulation 4(2);
“users” means any natural or legal person benefiting from universal service provision as a sender or an addressee;
“VAT” means value-added tax;
“working day” means a day which is not a Saturday, Sunday or a public holiday within the meaning of the Organisation of Working Time Act 1997 (No. 20 of 1997).
(2) A word or expression that is used in the Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive.
(3) In these Regulations, unless otherwise indicated -