Provider reg­is­ter

• Basis
• Applications
• Required proof
• Post offices and self-service kiosks

Basis

Under the new Act, the Bundesnetzagentur keeps a digital register of all companies providing postal services. In future, postal services may only be provided by companies entered in the provider register. A company may only contract another company to provide postal services on its behalf if the contracting company is entered in the register. Companies that had a valid licence before the new Act entered into force – for the provision of postal services for letters up to 1,000 g – will be entered in the provider register automatically.

The Bundesnetzagentur's provider register is continually updated and can be downloaded here:

Applications

If you plan to provide postal services, you must first apply to be entered in the provider register.

After submitting your application, you will receive a consultation letter stating which other documents are required. You can also view these here (in German). The required documents can also be uploaded during the application process.

Once the Bundesnetzagentur has received your full application, it will confirm receipt and check your application within four weeks. You will be entered in the provider register and given confirmation of your registration, unless there are reasons why you cannot be registered.

If there are reasons why you cannot be entered in the provider register, the Bundesnetzagentur is required to refuse registration.

You will not be able to be registered if there is a factual assumption that:

• you or a person responsible for managing your main or branch operations does not have the reliability required for the activities as a provider of postal services, in particular with respect to compliance with the rules on working conditions laid down in legal or administrative provisions;
• you do not have the resources or expertise required for the activities as a provider of postal services; or
• your take-up of activities would pose a threat to public safety or order.

If facts become known or arise after you have been registered that support the assumption of one of the reasons listed above, your entry in the register will be withdrawn.

If the Bundesnetzagentur has not entered you in the provider register and has not refused registration within the four-week period mentioned above, you are considered as having been registered and the Bundesnetzagentur must enter you in the register without delay.

If you end your activities as a provider of postal services, you must notify the Bundesnetzagentur immediately. The Bundesnetzagentur will then delete your entry from the provider register. Your entry will also be deleted if it is later withdrawn or revoked or if you end your activities as a postal service provider but do not notify the Bundesnetzagentur.

Required proof

Section 4(4) paras 1 and 2 of the new Postal Act require applicants to provide proof of their reliability, resources and expertise for the provision of postal services.

Reliability

Applicants are usually considered not to be reliable if:

• the applicant or a person responsible for main or branch operations has, in the five years before the application is made, been sentenced by final judgment to imprisonment or youth custody (even if the sentence has been suspended) or a fine of at least 90 daily rates (or a lower fine at least twice) for the attempt or completion of a serious criminal offence within the meaning of section 12(1) of the German Criminal Code (StGB) or one of the offences listed in section 5(1) sentence 1 para 1 of the Postal Act, unless five years have elapsed since the last sentence by the court of first instance became final and ten years have elapsed since the last but one sentence by the court of first instance became final;

• the applicant or a person responsible for main or branch operations has, in the five years before the application is made, received at least two (in the case of applicants with up to 10 employees), at least 10 (in the case of applicants with up to 250 employees), at least 20 (in the case of applicants with up to 500 employees) or at least 25 (in the case of applicants with more than 500 employees) incontestable administrative fines of at least €1,500 each for one of the regulatory offences listed in section 5(1) sentence 1 para 2 of the Postal Act;

• the applicant or a person responsible for main or branch operations has, in the five years before the application is made, seriously or repeatedly breached the provisions of the Postal Act and the breaches have been determined through binding decisions by the Bundesnetzagentur.

In individual cases, an overall assessment of circumstances which, taken as a whole, are to be considered as having comparable weight may also support the assumption that an applicant does not have the necessary reliability.

Resources

Applicants are considered to have the necessary resources if they have the financial and production resources and the permanent staffing resources required for the provision of postal services. Applicants must have sufficient financial resources for their business model as well as the business premises and vehicles needed to convey mail. They must also have a sufficient number of staff for the planned activities and in particular must ensure that parcels weighing more than 20 kg are transported in accordance with section 73(2) by either having two persons available to deliver the parcels or providing the appropriate technical equipment for one person to deliver the parcels.

Expertise

Applicants are considered to have the necessary expertise as referred to in section 4(4) para 2 of the Postal Act if they have the knowledge, experience and skills required for the provision of postal services and are familiar with the practical procedures and the legal framework with respect to postal secrecy and postal data protection as well.

Post offices and self-service kiosks

BIf providers only operate post offices and/or self-service kiosks, the provisions of sections 4 to 9 of the Postal Act do not apply to them and so they do not have to apply for entry in the provider register. Instead, they have to send the following information (current as at 1 January and 1 July) about the facilities they operate to the Bundesnetzagentur electronically twice a year:

• the address of the facility (street, number, postcode, place);

• the operator of the facility;

  • in the case of natural persons, their name, address, telephone number and email address;
  • in the case of legal persons, the company's name and legal form, the personal details of the appointed representative(s), the address of the main establishment and other business premises, the telephone number and the email address;

• the type of facility.

If post offices and/or self-service kiosks are operated under contract for another provider, the contracting provider is responsible for sending the information.

The Bundesnetzagentur may also publish the information provided about post offices and self-service kiosks in the provider register.