Provision of universal postal services
In order to establish, operate and/or provide universal postal networks and/or universal postal services, other than the reserved services falling within the Universal Postal Service Provider, in the Republic of Cyprus, one needs to obtain a Special licence for the provision of universal postal services by the Office of the Commissioner of Electronic Communications and Postal Regulation.
The term “Universal Service” means the minimum set of postal services specified in Article 119b of this law, as that depends upon any differentiation.
- The minimum set of postal services that constitute the universal postal service includes:
- Minimum access points based on user needs, geographical characteristics and social conditions;
- at least one delivery, save in exceptional circumstances or special geographical conditions, each working day for at least five days a week) of postal items, including packages up to two kilograms and 20 respectively, at home or on the premises of any person, or to such identifiable points or otherwise as the commissioner adopt from time to time;
- at least one collection, save in circumstances or special geographical conditions, each working day for at least five days a week, from each access point of postal items and parcels described in paragraph (1);
- provision of postal services consisting of the clearance, sorting, routing and delivery of postal items and parcels referred to in paragraphs (b) and (c) at affordable prices and uniform throughout the Republic, having regard to the provisions of Article 124 of this law, with the possibility of special arrangements by a decision of the Commissioner for the door-to-door parcel delivery;
- postal service registered and insured postal objects, at standard prices everywhere in democracy.
The universal service as defined in this Article shall cover both national and cross-border services.
- The provision of postal services for blind and partially-sighted persons free of charge in accordance with the arrangements of the Universal Postal Union (UPU).
Cyprus Post remain universal service provider until 31 December 2027.
Who is Eligible
Every natural or legal person is eligible to obtain a Special licence for the provision of the Universal Postal Service, provided that the Commissioner of Electronic Communications and Postal Regulation is satisfied that the natural or legal person:
- have the necessary human resources and the know-how, experience and reliability in order to provide the relevant service;
- have the necessary financial resources or demonstrate the ability to obtain these resources in order to provide the relevant service;
- have commercial and managerial capacity and reliability to provide the services covered by the licence;
- have proven credibility and reliability in relation to the involvement, or not, in cases of bankruptcy, dissolution, revocation or suspension of Special License or penalties as a result of a serious breach of obligations that derive from the Law, related Regulations, and Orders;
- depending on the case, meets any other criteria set by the Commissioner, in relation to the safeguarding or promotion competition.
Where to Apply
The application form for Special Licence can be submitted either through the PSC Cyprus or by contacting directly the competent authority:
Office of the Commissioner of Electronic Communications and Postal Regulation
Helioupoleos 12, 1101 Nicosia,
P.O.Box 24412, 1704 Nicosia, Cyprus
Tel: +357 22 693000/125
Fax: +357 22693070
Website: http://www. ocecpr.org.cy
Which Certificates must be Submitted
The application should be accompanied by the following documents:
- Certificate of Shareholders (in case or legal entity);
- Certificate of Directors and Secretary (in case or legal entity);
- documents related to the participation of the applicant to other businesses engaged in postal activities;
- Certificate of Registration of a Partnership are related certificates (in case of a partnership);
- documents related to the financial, commercial, managerial and technical capability and reliability (listed in Application form for Special Licence in related documents).
Fees Applicable & How to Pay
The fee is a proportion of the gross annual income from postal activities in the previous year; payable by cash, cheque or bank transfer.
The applicant is informed regarding the authorization decision within six weeks, from the date that the application form and supporting documents were duly submitted, and can be extended for up to two months in exceptional and justified cases.
Licence Validity Period
The Special licence for the provision of universal postal services is valid for 3 to 5 years from the date of issue.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action Against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.
How to Appeal
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
What are my Obligations
Licensed persons for the provision of universal postal services, under the special licence regime, are obliged to comply with the terms and conditions of the special licence as well as with the provisions of The Regulating of Electronic Communications and Postal Services Law of 2004, as periodically amended.
Indicatively the special licence may include terms and conditions related, among others, to the following:
- the confidentiality of correspondence;
- security of postal network as regards the transport of dangerous goods;
- protection of environment;
- the scope of activity, the service area and the service requirements;
- the quality, availability of services and operating hours;
- obligations to provide information about financial status, changes of share ownership, quality of service and activities.
The Commissioner shall have the duty and responsibility to supervise and ensure compliance with the terms and conditions of the licences with the provisions of the relevant Laws and Regulations.