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Scope and definitions



 

1. This Sub-section sets out the principles of the regulatory framework for all postal and courier services liberalised in accordance with Sections 2, 3 and 4 of this Chapter.

 

2. For the purpose of this Sub-section and of Sections 2, 3 and 4 of this Chapter:

 

(a) a “licence” means an authorisation, granted to an individual supplier by a regulatory authority, which is required before carrying out activity of supplying a given service;

 

(b) "universal service" means the permanent provision of a postal service of specified quality at all points in the territory of a Party at affordable prices for all users.

 

 

Article 110

 

Prevention of anti-competitive practices in the postal and courier sector

 

Appropriate measures shall be maintained or introduced for the purpose of preventing suppliers who, alone or together, have the ability to affect materially the terms of participation (having regard to price and supply) in the relevant market for postal and courier services as a result of use of their position in the market, from engaging in or continuing anti-competitive practices.


 

 

EN 80 EN


Article 111

 

Universal service

 

Any Party has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Party.

 

 

Article 112

 

Licences

 

c) Three years after entry into force of [this] Agreement, a licence may only be required for services which are within the scope of the universal service.

 

d) Where a licence is required, the following shall be made publicly available:

 

all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and

 

the terms and conditions of licences.

 

e) The reasons for the denial of a licence shall be made known to the applicant upon request and an appeal procedure through an independent body will be established by each Party. Such a procedure will be transparent, non-discriminatory, and based on objective criteria.

 

 

Article 113

 

Independence of the regulatory body

 

The regulatory body shall be legally separate from and not accountable to any supplier of postal and courier services. The decisions of and the procedures used by the regulatory body shall be impartial with respect to all market participants.



 

 

Article 114

 

Regulatory approximation

 

1. The Parties recognise the importance of the approximation of Ukraine's existing legislation to that of the European Union. Ukraine shall ensure that its existing laws and future legislation will be gradually made compatible with the EU acquis.

 

2. This approximation will start on the date of signing of the [this] Agreement, and will gradually extend to all the elements of the EU acquis referred to in Annex XVII to this Agreement.

 

Sub-section 5


 

 

EN 81 EN





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