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Law On Various Provisions Relating To Postal Services (1)

Original Language Title: Loi portant des dispositions diverses relatives aux services postaux (1)

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belgiquelex.be - Carrefour Bank of Legislation

3 FEBRUARY 2014. - Act respecting various provisions relating to postal services (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The purpose of this Act is, inter alia, the partial transfer of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 concerning the common rules for the development of the Community's domestic postal services market and the improvement of the quality of service, as amended by Directive 2002/39/EC and Directive 2008/06/EC.
CHAPTER 2. - Amendments to the Act of 21 March 1991 on reform of certain economic public enterprises
Art. 3. In section 142 of the Act of 21 March 1991 on reform of certain economic public enterprises, replaced by the Royal Decree of 9 June 1999 confirmed by the law of 12 August 2000 and amended by the law of 1er April 2007, the following amendments are made:
1° in paragraph 4 the words "having the service provider in its functions" are replaced by the words "having the delivery of universal service in its functions";
2° a paragraph 5 is inserted as follows:
"With regard to the points mentioned below, the King may by order deliberately in the Council of Ministers, define modalities for consignments of the universal service:
- the modalities for the size and standardization of postal shipments;
- the terms and conditions for the distribution of postal shipments, including the treatment of non-distributable postal shipments and mails that are insufficiently post-paid;
- the terms relating to the consolidation, the sale of postage stamps and other postage values and the approval and use of machinery to free;
- the modalities for the collection and processing of address changes and the re-shipment of mails following a change of address."
Art. 4. Section 144 of the Act, replaced by the Act of 1er April 2007 and amended by the Act of 13 December 2010 is replaced by the following:
"Art. 144. § 1er. The consumer charter of the universal service provider is made available to users in the offices of the universal service provider with the exception of the information provided in paragraph 2 (d) and is fully published on the website of the service provider and the Belgian Monitor.
The date of entry into force of the provisions of the consumer charter is set out in the charter in question.
Amendments to the consumer charter are also published by the universal service provider in the manner set out in paragraph 1er and are communicated before the Institute.
§ 2. The consumer charter includes:
(a) the general and specific terms and conditions for the provision and delivery of services in the universal service;
(b) Egregated rates of services in the universal service;
(c) With regard to reduced public tariffs for universal service services:
- rates;
- technical characteristics;
- the conditions of supply, including volume and post preparation;
(d) the tariff model for conventional tariffs for services part of the universal service, including at least the following information:
- basic rates of application at conventional rates and payment terms;
- the different classes and possible formulas;
- the duration of the contract and the terms of termination and renewal;
- the terms for the revision of prices.
With the exception of the basic tariffs, the above-mentioned tariff model containing the above-mentioned components remains valid for a minimum of 1 year from the date specified in the consumer charter. ".
Art. 5. Article 144ter, § 2, of the same law, inserted by the Royal Decree of 9 June 1999 confirmed by the law of 12 August 2000, and replaced by the law of 13 December 2010, is supplemented by a paragraph written as follows:
"The lnstitut has one month from the day the demand for tariff increases is received to communicate its observations. In the event that the Institute is of the opinion that the file is incomplete, it must inform within ten working days of the receipt what information is missing.
Is considered a working day each calendar day other than a Saturday, Sunday or legal holiday.
The one-month period is suspended until the time of receipt of the missing information in the file. ".
Art. 6. Section 144quinquies of the Act, inserted by the Royal Decree of 9 June 1999, confirmed by the Act of 12 August 2000, and replaced by the Act of 13 December 2010, is replaced by the following:
"Art. 144quinquies. § 1er. The universal service provider maintains separate accounts in its internal accounts to:
1. each service included in the universal service;
2. non-universal postal services;
3. where appropriate, the services that would have been entrusted to it by public service missions.
This internal accounting is based on the consistent application of the principles of accounting, which can be objectively justified.
§ 2. The universal service provider submits each year to the approval of the Institute the category to which each of the services it proposes belongs. The universal service provider shall jointly submit to the Institute all proposals for amendments in the year preceding the introduction. ".
Art. 7. In section 144sexies of the same law, inserted by the Royal Decree of 9 June 1999 confirmed by the law of 12 August 2000, the following amendments are made:
Paragraph 2 is repealed;
2° Paragraph 3 is replaced by the following:
§ 3. Cost distribution is carried out by the service provider in accordance with the principles referred to in § 1er. This is done according to the full cost allocation method, better known as "FDC - Fully Distributed Cost" (or "Fully Allocated Cost") for which the principle "ABC-Activity Based Costing", which imputes the costs to the products based on the activities, is applied. ";
3° the article is supplemented by paragraphs 4 and 5, as follows:
§ 4. Other analytical accounting systems can only be applied if they are compatible with the provisions of Article 144quinquies and after being approved by the Institute. The European Commission is informed of the new system of accounting by the Institute prior to its implementation.
§ 5. The universal service provider maintains a document on its analytical compatibility, containing sufficiently detailed information on the analytical accounting systems it uses and the detailed accounting information derived from these systems. This document contains, inter alia, confidential accounting information, the King ' s list and content. The universal service provider shall forward this document, upon request, to the European Commission, to the Institute and to the competent body referred to in Article 144s. The King sets out the modalities for the transmission of this document.
The universal service provider provides the Institute with a version of the document referred to in paragraph 1er, expunged from the confidential accounting information it contains, in accordance with the terms fixed by the King. After its approval by the Institute, this document is published in the manner determined by the King.".
Art. 8. Section 144s of the Act, inserted by the Royal Decree of 9 June 1999, confirmed by the Act of 12 August 2000, is replaced by the following:
"Art. 144s. The Institute ensures that:
- the internal accounting referred to in sections 144quinquies and 144sexies shall be verified by the College of Commissioners or any other competent body designated by the IBPT, independent of the universal service provider. The King sets out the procedures for monitoring compliance with articles 144quinquies and 144sexies of the law. Control costs are borne by the universal service provider;
- a compliance statement is published annually. The contents and terms of this publication are fixed by the King. The declaration of conformity may not contain or refer to the confidential information referred to in Article 144sexies, § 5.".
Art. 9. In section 144octies of the Act, inserted by the Royal Decree of 9 June 1999 confirmed by the Act of 12 August 2000, and replaced by the Act of 13 December 2010, the following amendments are made:
1° in paragraph 2, the words "on proposal" are replaced by the words "after notice";
2° it is inserted a paragraph 3, which reads as follows:
§ 3. If, at the end of the mechanism referred to in § 2, no offer has been accepted, the King shall, after the advice of the Institute, make a deliberate order in the Council of Ministers, make an ex officio designation of one or more service providers for a period of five years which shall be compensated in accordance with the rules for the calculation of the net cost of universal service obligations provided for in Article 144undecies of the law."
3°, insert a paragraph 4, to read:
§ 4. In the event of a failure of a service provider designated in accordance with § 2 or § 3 and when this failure was found by the Institute, the King shall, by order deliberately in the Council of Ministers on the proposal of the Institute, appoint another service provider to replace the failing service provider for a period of five years. It may also by deliberate order in the Council of Ministers determine the modalities and procedures leading to a failure of the designated provider."
Art. 10. In section 148bis of the Act, inserted by the Royal Decree of 9 June 1999 confirmed by the Act of 12 August 2000, replaced by the Act of 13 December 2010 and amended by the Act of 10 July 2012, a paragraph 5 is inserted, as follows:
§ 5. The King may, by order deliberately in the Council of Ministers, define the terms relating to the definition of letters, prints and postcards. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 February 2014.
PHILIPPE
By the King:
Minister of Economy,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3134
Full report: 17-18 December 2013
Senate (www.senate.be):
Documents: 5-2416