Posted the: 2014-02-19 Numac: 2014011075 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 3 February 2014. -Law concerning various provisions relating to postal services (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this Act is aimed at including the partial transposition of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of the quality of the service, such as amended by Directive 2002/39/EC and 2008/06/EC.
CHAPTER 2. -Amendments to the Act of 21 March 1991 on the reform of some economic public companies art.
3. in article 142 of the law of 21 March 1991 on the reform of some economic public companies, replaced by the royal decree of 9 June 1999 confirmed by the law of 12 August 2000 and amended by the law of April 1, 2007, the following changes are made: 1 ° in paragraph 4 the words "with the universal service provider in charge" are replaced by the words "in charge of the provision of the universal service".
2 ° there shall be inserted a paragraph 5 as follows: "in regards to the points below, the King may by order deliberated in Council of Ministers, formulate modalities for remittances as part of the universal service:-the detailed rules for the dimensions and standardization of postal items;"
-the arrangements for the distribution of undeliverable postal items including the treatment of postal items and postal items insufficiently prepaid;
-the arrangements for postage, the sale of stamps and other postal values and the approval and use of postage meters;
-the arrangements for collection and processing of changes of address and redirection of mail following a change of address. "."
S. 4. article 144 of the Act, replaced by the law of April 1, 2007 and amended by the law of December 13, 2010, is replaced by the following: 'article 144 § 1. Charter of the consumer to the provider of the universal service is made available to users in the offices of the provider of the universal service with the exception of the information provided for in paragraph 2 (d)) and is fully published on the website of the latter and in the Moniteur belge.
The date of entry into force of the provisions of the Charter of the consumer is set in the Charter in question.
Amendments to the Charter of the consumer are also published by the provider of the universal service in the manner laid down in paragraph 1 and are communicated beforehand to the Institute.
§ 2. Consumer Charter includes as a minimum: a) the General and particular conditions regarding the offer and delivery of services as part of the universal service;
b) shelled tariffs of the services forming part of the universal service;
(c) as regards tariffs reduced public services as part of the universal service:-rates;
-the technical characteristics;
-the conditions of provision, including volume and postal preparation;
d) model tariff rates conventional services as part of the universal service, including at least the following information:-rates basis for application to the conventional rates and payment terms;
-the different classes and possible forms;
-the duration of the contract and the terms of termination and renewal;
-the procedures for the revision of prices.
With the exception of basic rates, the above-mentioned tariff model containing the aforementioned components, remains valid for minimum 1 year from the date indicated in the Charter of the consumer. "."
S. 5. article 144ter, § 2, of the Act, inserted by the royal decree of 9 June 1999 confirmed by the law of August 12, 2000, and replaced by the law of December 13, 2010, is supplemented by a paragraph as follows: "the Institute has one month from the day of receipt of the request for rate increases to communicate its observations. In the event that the Institute is of the opinion that the record is incomplete, it must know within ten working days of the receipt what information is missing.
Is considered as a working day every day civil other than a Saturday, Sunday or legal holiday.
The period of one month is suspended until the time of receipt of the missing information in the folder. "."
6. article 144quinquies of the Act, inserted by the royal decree of 9 June 1999, confirmed by the law of August 12, 2000, and replaced by the law of December 13, 2010, is replaced by the following: 'article
144quinquies. § 1. The universal service provider shall keep in its internal accounting of the separate accounts for: 1. each of the services included in the universal service;
2. the non-universal postal services;
3. where appropriate, the services constituting public service tasks that have been entrusted to him.
This internal accounting is based on the consistent application of the principles of cost accounting, which can be objectively justified.
§ 2. Of the universal service provider shall submit annually for the approval of the category Institute which belongs to each of the services it offers. Of the universal service provider jointly submit for the approval of the Institute all amendment proposals in the year preceding the introduction. "."
S. 7A section 144sexies of the Act, inserted by the royal decree of 9 June 1999 confirmed by the Act of 12 August 2000, the following changes are made: 1 ° paragraph 2 is repealed;
2 ° paragraph 3 is replaced by the following: "§ § 3 3" The distribution of costs is achieved by the provider of the universal service in accordance with the principles referred to the § 1. This is done according to the method of allocation of costs, better known under the name "FDC - Fully Distributed Cost" (or "Fully Allocated Cost") for which the principle "ABC – Activity Based Costing," which attributes costs to products on the basis of activities, is applied. ";
3 ° article is supplemented by paragraphs 4 and 5, worded as follows: "§ § 4 4" Other cost accounting systems may be applied if they are compatible with the provisions of article 144quinquies and after having been approved by the Institute. The European Commission is informed of the new accounting system by the Institute before its implementation.
§ 5. Of the universal service provider maintains a document on its analytical compatibility, containing sufficiently detailed information on the cost accounting systems it uses as well as accounting information arising from these systems. This document contains confidential accounting information the list and content shall be determined by the King. Of the universal service provider sends this document, on request, the European Commission, the Institute and the competent body referred to in article 144septies. The King lays down the procedures for the transmission of this document.
Of the universal service provider provides initiative at the Institute a version of the document referred to in paragraph 1, redacted confidential accounting information it contains, according to the procedures laid down by the King. After its approval by the Institute, this document is published under the terms laid down by the King. "."
S. 8. article 144septies of the Act, inserted by the royal decree of 9 June 1999 confirmed by the law of August 12, 2000, is replaced by the following: 'article 144septies. the Institute shall ensure that:-the internal accounting referred to in articles 144quinquies and 144sexies should be checked by the College of Commissioners or any other competent body designated by the BIPT, independent of the universal service provider. The King lays down the procedures for the control of compliance with articles 144quinquies and 144sexies of the Act. Control costs are borne by the provider of the universal service;
-a declaration of conformity is published each year.
The content and modalities of this publication are set by the King. The declaration of conformity may contain or refer to the confidential information referred to in article 144sexies, § § 5 5 "."
S. 9. in section 144octies of the Act, inserted by the royal decree of 9 June 1999 confirmed by the law of August 12, 2000, and replaced by the law of December 13, 2010, the following changes are made: 1 ° in paragraph 2, the words "proposal" are replaced by the words "after consultation";
2 ° it is inserted a paragraph 3 as follows: "§ § 3 3"
"If, at the end of the mechanism referred to in § 2, no tender has been accepted, the King shall proceed, after opinion of the Institute, by Decree deliberated in the Council of Ministers, at a designated office of one or more providers for a period of five years that are compensated in accordance with the rules for the calculation of the net cost of the universal service obligations provided for in article 144undecies of the law."
3 ° it is inserted a paragraph 4 as follows: "§ § 4 4" In the event of failure of a provider designated in accordance with § 2 or § 3 and where this failure has been ascertained by the Institute, the King, shall, by Decree deliberated in the Council of Ministers on a proposal from the Institute,
to the appointment of another provider in lieu of the claimant failed for a period of five years. It may also by order deliberated in Council of Ministers determine the modalities and procedures leading to a failure of the designated provider. "."
S. 10. in section 148bis of the Act, inserted by the royal decree of 9 June 1999 confirmed by the law of 12 August 2000, replaced by the law of December 13, 2010 and amended by the law of July 10, 2012, it is inserted a paragraph 5, worded as follows: "§ § 5 5" The King may, by Decree deliberated in the Council of Ministers, define the terms relating to the definition of letters, printed matter and postcards. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 3, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 53-3134: 17 and 18 December 2013 Senate (www.senate.be): Documents: 5-2416