Posted the: 2014-05-14 Numac: 2014014283 FEDERAL PUBLIC SERVICE mobility and transport 19 April 2014. -Act to amend the Act of 21 March 1991 on reform of some economic public companies (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in section 131 of the Act of 21 March 1991 on the reform of some economic public companies, replaced by the law of December 13, 2010, 4 bis ° to 4 ° sexies worded as follows shall be inserted: ' 4 ° bis point of postal service: a post office, a postal store or a postal stop; "
4 ° ter post office: a point of postal service operated by bpost offering to the client at least the complete assortment of services, i.e.: a) the basic assortment;
b) execution of transactions relating to Bank basic service as defined by the law of 24 March 2003 introducing a basic banking service;
(c) the payment of money orders national;
(d) sale, refund, replacement and exchange fishing licences;
(e) the acceptance of payments on open accounts at bpost or other financial institutions);
(f) the withdrawal cash from one account regardless of the methodology;
(g) the payment of the assignments - P;
(h) the receipt of payments from an own account transfer bulletins);
4 ° c postal store: a point of postal service operated by a third party, where public services such as bpost executes entrusted execution (in the name and on behalf of bpost);
4 ° d postal stop: a point of postal service or any other point of contact with the customer where bpost staff offers it at minimum assortment of base for a limited number of hours;
4 ° sexies basic assortment: the following services: has) the receipt of shipments of ginned mail and individual parcels as part of the universal postal service, with the exception of shipments with declared value;
b) conservation and delivery of individual mail and individual parcels as part of the universal postal service, and for which a notice was delivered following an unsuccessful presentation at home;
(c) the sale of stamps;
(d) the acceptance of cash payments of maximum EUR 500, equipped with a structured reference, on an account with bpost or a financial institution;
e) to the extent possible, a minimum number of packaging for mail and packages will be available for sale."
3. article 140 of the Act, as amended by the law of December 13, 2010, is replaced by the following: the social subject of bpost includes: a) the collection, transport and distribution of mail, parcels and any other type of physical goods and the exploitation of all postal services, transport and logistics;
b) the provision of services of communication paper or digital, certification, data; printing and document management
(c) the provision of postal financial services and any other service financial, banking and payment;
d) operating activities of retail goods or services of others;
"((e) all activities, including in new areas of activities, regardless of the nature of these activities or sectors of activities, aimed at improving directly or indirectly services the society or, more generally, to contribute directly or indirectly to the development of the activities referred to the a) to (d)) above or to allow optimum use of infrastructure and/or the staff of the company."
S. 4. in article 141 of the Act, replaced by the law of April 1, 2007 and amended by the law of December 13, 2010, the first paragraph is replaced by the following: "§ 1." bpost is loaded following public service missions throughout the territory of the Kingdom: a. maintenance, to ensure the territorial and social cohesion, a proximity network configured as follows: 1 ° this network must consist of at least 1300 points with at least one in each commune of the country as necessary for the fulfilment of the obligations weighing on bpost in respect of the service for the purposes of the implementation of the universal postal service postal service pursuant to article 142, § 2, 1 °;
2 ° the postal service points referred to in 1 ° must understand at least 650 post offices with at least one in every commune in the country. and 3 ° at least 95 per cent of the population should have access to a postal service point offering the basic assortment which is located at a distance of five-kilometre road to the most, and at least 98 percent of the population should have access to such an extent of postal service located at a distance of 10 km road to the most.
B. the implementation of the following postal financial services: 1 ° the receipt of cash from a postal current account deposits and execution of payments from this account or on this one;
2 ° the receipt of cash deposits to the credit of a current postal account or an account with a financial institution; and 3 ° the issuance and payment of money orders national.
C. the payment at home of pensions and of survival and of social security disability benefits.
D. the development of the social role of factors, including against the isolated and impoverished, and the service "Please factor".
E. information to the public at the request of the competent public authority.
F. the shipment at reduced rates from correspondence sent by foundations and non-profit associations.
G. the delivery of the letter-post items subject to the regime of port franchises."
5. in article 141 of the Act be replaced by the royal decree of 9 June 1999 and amended by the law of April 1, 2007 and December 13, 2010, inserted a paragraph 1bis as follows: "§ 1bis." Other public service missions may be assigned, either bpost, by its contract management, namely bpost or a third party, by a specific agreement.
The public service tasks other than those listed in article 141, § 1, a. g. which are likely to be awarded in accordance with the preceding paragraph, to the conditions laid down in the management agreement or specific agreement, may notably include subscriptions for the recognized newspapers and magazines recognized service.
When the performance of these tasks would not be assumed or would not be assumed in the same conditions without reimbursement, compensation is granted from the budget of the State.
When bpost or the third party has not been designated under a tendering procedure for selecting the tenderer capable of providing those services at the least cost to the community, article 141ter shall apply mutatis mutandis to compensation.
For what concerns the public service tasks referred to in paragraph 2 of the present § 1bis, the management contract or the specific convention rule the following matters: 1 ° the definition of public service obligations and the operational modalities for the performance of these tasks;
2 ° rules of conduct with respect to the users;
3 ° where appropriate, objective and transparent parameters on the basis of which is calculated the compensation; and 4 ° where appropriate, the provisional amounts and the terms of payment of compensation, as the case may be, referred to in article 141ter."
6. in the Act, it is inserted an article 141bis as follows: "article 141bis. § 1. For each of the missions of public service referred to in article 141, § 1, a., b. and c., the King, by Decree deliberated in the Council of Ministers, sets: 1 ° the main implementing of the mission; and 2 ° where appropriate, the principles governing the fixing of rates for the services provided by bpost users.
§ 2. "The King may, by Decree deliberated in the Council of Ministers, the modalities for each of the missions of public service referred to in article 141, § 1, d. g."
S. 7. in the Act, it is inserted an article 141ter as follows: "article 141ter. § 1.
For the implementation of the public service tasks referred to in article 141, § 1, a., b. and c., causing to bpost a net cost, bpost receives compensation from the budget of the State. This compensation is the sum of the following: 1 ° the cost net of the execution of the mission in question, calculated from the costs actually incurred and the revenue actually collected by bpost and using the method of the net cost avoided;
2 ° a reasonable profit, in terms of operating margin, set according to the degree of risk to bpost in execution of the mission in question; and 3 ° positive or negative of an incentive scheme for efficiency, being understood that any compensation is subject to the overall ceiling set by the management contract for the whole of the compensation received by bpost in respect of public service missions.
§ 2. The King, by Decree deliberated in the Council of Ministers, sets: 1 ° the modalities for the calculation of each of the parameters listed in the § 1;
2 ° the procedures for the establishment of provisional and final compensation amounts; "and 3 ° procedures for clearing and recovery of possible overcompensation."
S. 8. in the Act, it is inserted an article 141quater as follows: "article 141quater. with regard to the public service tasks referred to in article
141, § 1, a. g., the management contract rule the following matters: 1 ° the operational modalities for the performance of these tasks;
2 ° rules of conduct with respect to the users; "and 3 ° Provisional amounts and the terms of payment of the compensation referred to in article 141ter."
S. 9. in the Act, it is inserted an article 141quinquies as follows: "article "141quinquies. bpost is responsible for public service tasks listed in article 141, § 1, a. g. until December 31, 2015."
S. 10. in the Act, it is inserted an article 141sexies as follows: "article 141sexies. the King may, by Decree deliberated in the Council of Ministers, set the terms and conditions: 1 ° to the offer of a rate reduced for printed election material addressed or not addressed;
2 ° the administrative as the processing, packaging and distribution, correspondence and delayed including the rights holders and the mandatory compensation arrangements;
3 ° the processing of correspondence emanating from or sent to military personnel; and 4 ° to the subscription service for recognized newspapers and magazines recognized the demand, the port and administrative costs y related as well as other technical completion, the mandatory information, the conditions of deposit and supplements. The King determines by Decree deliberated in the Council of Ministers the criteria such as the frequency and the level of information required to which shipments must meet to be recognized as a newspaper or periodical."
11. in article 148, 1 °, of the Act, as amended by the royal decree of March 3, 2011, the words "(other than a public authority referred to in article 42)" shall be inserted between the words "in an institution" and the words "directly or indirectly holding 25% of the capital of such an establishment".
12. in article 148bis 1 of the Act, replaced by the royal decree of 13 December 2005, inserted a paragraph 5 as follows: "§ § 5 5" By way of derogation from article 18, paragraph 3, the ordinary members of the Board of Directors of bpost are appointed for a renewable term of maximum four years."
S. 13. this Act comes into force the 1st day following its publication in the Moniteur belge, with the exception of article 3, which produces its effects may 29, 2013.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given to Brussels, April 19, 2014.
PHILIPPE by the King: the Minister of public enterprises, p.. Lady sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives Documents. -53-3402: No. 1: Bill.
No. 2: Erratum.
No. 3: report.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full report: March 27, 2014 Senate Documents.
-5-2821: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: April 3, 2014.