(8) An undertaking must notify the Agency in writing at least 90 days prior to the planned
cessation of provision of public communications networks and/or public communications
services. An undertaking must also describe in this notification the method of providing
permanent retention of data on the recording of lawful interception and of electronic
communications traffic data for the entire period for which the keeping of records is required
pursuant to this Act, and must state in particular how the retained materials will be accessible.
The provisions of the act governing personal data protection and the act governing the
protection of documents shall be applied in relation to the method and conditions of retention.
Article 6
(payment of a fee on the basis of a notification)
(1) Undertakings must pay an annual fee to the Agency on the basis of the notification
referred to in the first paragraph of the previous Article. The fees referred to in this Article
shall cover the costs incurred by the Agency in the implementation of the provisions of this
Act, with the exception of the provisions of Chapters V and VI.
(2) The level of the fee referred to in the preceding paragraph shall be set by multiplying the
number of points by the value of a point. The number of points shall be nominally equal to
0.1 % of the annual revenue that an undertaking realises from the provision of public
communications networks and/or public communications services in the territory of the
Republic of Slovenia, where the number of points may not be less than 100, irrespective of
annual revenue. The value of a point shall be set on the basis of a tariff, which shall be a
general act of the Agency.
(3) An undertaking must notify the Agency of the amount of the revenue referred to in the
preceding paragraph by 31 March each year for the previous year. Where an undertaking fails
to do so by this deadline, the Agency shall regard its total revenue from the preceding year,
obtained on the basis of data from the Agency of the Republic of Slovenia for Public Legal
Records and Related Services, as the revenue referred to in the preceding paragraph.
(4) Should it have grounds for doubting the veracity of the information reported by an
undertaking, the Agency, or a qualified auditor selected by the Agency, may review the
information and estimate the revenue, with the costs of this procedure being borne by the
undertaking. Where the estimated revenue deviates substantially from the reported revenue
referred to in the second paragraph of this Article, the Agency shall take the estimated
revenue into account in its calculation.
(5) In issuing the tariff referred to in the second paragraph of this Article, the Agency shall
pay due regard to the necessary coverage of the costs referred to in the first paragraph of this
Article in relation to the planned objectives and tasks laid down in its programme of work,
and to the balance of funds from the previous year. The tariff shall be published in the
Official Gazette of the Republic of Slovenia and shall enter into force following its
publication.
(6) The proposed tariff referred to in the preceding paragraph shall contain a special
explanatory note stating the reasons for the adoption or amendment of the tariff and the
objectives it is designed to achieve, and must be published in advance in accordance with
Article 204 of this Act. The Agency must submit the proposed tariff to the Government of the
Republic of Slovenia (hereinafter: Government) no later than by 31 October of the current
year, together with the programme of work and the financial plan for the next calendar year
and the audited financial statements for the previous calendar year. If the Government does
not issue its approval by 15 December of the current year, the tariff currently in force shall be
applied until the entry into force of the new tariff.
(7) Prior to the issuing or amendment of the tariff, the costs referred to in the first paragraph