28.— (1) The tariffs for each postal service or part of a postal service provided by a universal postal service provider in the provision of a universal postal service shall comply with the following requirements:

(a) prices shall be affordable and be such that all postal service users may avail of the services provided;

(b) prices shall be cost-oriented, that is to say, the prices shall take account of, and reflect the costs of, providing the postal service or part of the postal service concerned;

(c) subject to any decision made by the Commission under paragraph (b) of subsection (2), prices shall comply with the uniform tariff referred to in that subsection;

(d) tariffs shall be transparent and non-discriminatory; and

(e) where postal service providers apply special tariffs, including special tariffs for postal services for businesses, bulk mailers or consolidators of mail from different postal service users, tariffs and associated conditions shall be transparent and non-discriminatory.

(2) (a) Subject to paragraphs (b) and (d), a uniform tariff shall apply throughout the State to any postal service provided at single piece tariff.

(b) The Commission may, having regard to the reasonable needs of users, with the prior consent of the Minister, decide that a uniform tariff referred to in paragraph (a) shall not apply, and shall publish any such decision.

(c) The Commission may, with the prior consent of the Minister, make a decision that a uniform tariff shall be applied cross border to any postal service provided at single piece tariff and shall publish any such decision.

(d) The Commission may, with the prior consent of the Minister, revoke a decision made under paragraph (b) or (c).

(3) The application of a uniform tariff pursuant to subsection (2) shall not exclude the right of a universal postal service provider to conclude individual agreements on prices with postal service users.

(4) In this section “service provided at single piece tariff” means a postal service for which the tariff is set for individual postal packets by a universal postal service provider in its charges published under section 22 or 23, as the case may be.

(5) Where the Commission is of the opinion that a universal postal service provider is failing, or has failed, to comply with any of the requirements specified in subsection (1), the Commission may give a direction to the universal postal service provider to ensure compliance with the requirement concerned.