The President of the Office of Electronic Communications announces the results of the competition for the designated postal operator to provide universal services for the years 2016-2025.
The designated operator
The designated operator is a postal operator, whose primary duty is to provide domestic and international universal postal services encompassing:
1. letter-post items, including registered post and the declared value delivery, weighing up to 2000 g and of the size specified in the postal law,
2. delivery for the blind,
3. postal parcels, including items with the declared value of up to 10 000 g and size specified in the postal law,
4. the incoming international postal packages of up to 20 000 g and size specified in the postal law.
The designated operator’s duties involve a number of obligations, inter alia, the maintenance of adequate network of post offices, drawing up the rules of universal services provision, establishing fees for universal services, ensuring adequate timelines of universal services, ensuring access to universal services for persons with disabilities, sharing the own postal infrastructure elements with other postal operators, developing a plan of cooperation with the military postal service, keeping regulatory accounts and calculating the cost of universal services.
From the point of view of people using the services of the designated operator, it is essential that, in accordance with the Postal Law, the confirmation of sending a registered mail or a postal transfer issued by the postal institution of a designated operator has the power of an official document. In addition, the administrative, civil and tax procedure is governed by the principle that posting a letter in a Polish post office of a designated operator is tantamount to keeping to a deadline (civil procedure further provided that the term is preserved in the event of posting a letter in the post office of the operator providing the universal postal service in another Member State of the European Union). Therefore, the obligation of the designated operator to maintain a net of mail depots is a matter of primary importance for the users of the designated operator’s services.The decision to choose the designated operator
The designated operator is elected for a period of 10 years by the President of UKE by decision, out of the postal operators selected in a competition organized by the President of UKE in accordance with the provisions of the Postal Law.
The UKE President’s decision on the selection of the designated operator expires in cases specified in the Postal Law, i.e.:
1. removing the designated operator from the register,
2. issuing the decision to ban the pursuit of the postal services by the designated operator,
3. issuing a statement on declaring bankruptcy of the entrepreneur who is the designated operator.
In addition, the Postal Law specifies cases in which the President of UKE may revoke the decision on the selection of the designated operator. It can occur when:
1. there is a persistent violation of the conditions for providing universal services by the designated operator,
2. there is a disproportionately high net cost of the obligation to provide universal services presented by the designated operator,
3. the universal services are unprofitable and when the President of UKE decides that the program presented by the designated operator aiming at the restoration and maintenance of their profitability will not ensure the achievement of the indicated goal - if the postal market analysis indicates that the obligation to provide universal services can be realized by another postal operator.
The designated operator, which is unable to continue the provision of the universal services for reasons not attributable to him, is obliged to immediately inform the President of UKE about the intention to discontinue the provision of the indicated services, as well as about the actions taken to maintain the continuity of their provision. In this case, the President of UKE revokes the decision on the selection of the designated operator. However, the postal operator may cease to provide universal services until a new designated operator starts providing the foresaid services.
The jury worked from 14 April 2015 until 19 May 2015 at the headquarters of UKE in Warsaw. On 14 April 2015, the President of UKE announced the following list of participants of the contest aimed at the selection of a postal designated operator to provide universal services for the years 2016 to 2025, who submitted tenders in due time (preserving the order of tender submission):
1. Poczta Polska S.A.
2. Polska Grupa Pocztowa S.A.
Tenders submitted in due time were audited in the first stage of the competition.
After examining the tenders in the first stage of the competition:
1) the following tender was qualified for the second stage of the competition:
1. Poczta Polska S.A.
2. The following tender was not qualified for the second stage of the competition:
2. Polska Grupa Pocztowa S.A.
The qualified offer received the following result in the second stage of the competition: Poczta Polska S.A. 210 points.
The president of UKE did not set a minimum qualification level.
According to the art. 71 paragraph 1 of the Postal Law the designated operator is chosen for a period of 10 years by the President of UKE, by decision, out of the postal operators selected in a competition organized by UKE.