Key Benefits:
The Minister of Economy, Finance and Industry and the Minister Delegate to Industry,
Due to the Position and Communications Code Electronic, in particular Articles L. 3 and L. 5-1;
In light of Decree No. 2006-507 of 3 May 2006 on the regulation of postal activities and amending the postal code and electronic communications;
In view of Decision No. 2006-0333 of The Electronic Communications and Postal Regulatory Authority as of March 16, 2006,
Stop:
In accordance with Article R. 1-2-6 of the Code of Posts and Electronic Communications, the holders of authorisations issued pursuant to Article L. 3 of the same Code shall respect the General obligations set out below.
The provider shall issue and Provision of the Electronic Communications and Postal Regulatory Authority:
-the rules for the identification of its employees for its correspondence distribution activities. They carry a professional card containing a photograph stating the name, first name and quality of the holder, name, address and possible abbreviation of the provider who is the holder of the authorisation. They also carry a distinctive sign identifying this provider;
-the rules for organizing its activities and the conditions for their control. These rules are the subject of written procedures or, at the very least, descriptive schemes. They also allow for the tracking of tours and the identification of the employees who made them.
The claimant provides sufficient guarantees on his ability to process correspondence in the event of an adjustment Judicial or judicial liquidation by providing a mechanism for dealing with this eventuality. This will allow either the routing and distribution of mail items, or their return to the sender. The holder shall make available to the Electronic Communications and Postal Regulatory Authority a description of this device.
The provider shall implement the means necessary to ensure the closure and protection of his Premises, including areas for the storage of correspondence.
The provider shall make available to users and the Electronic Communications Regulatory Authority, at the request of the latter, a presentation of The commercial offer including general terms and conditions of sales and terms and conditions.
The claimant shall ensure that his employees comply with the provisions of Article L. 5-10 of the Postal Code and Communications Electronic for the distribution activities of mail items which are the subject of the authorisation provided for in Article L. 3 of the same code.
The claimant shall take the necessary measures to ensure the confidentiality of correspondence.
The claimant is required to bring to the knowledge of his staff, in particular employees assigned to the processing of the Consignments, obligations and penalties under the provisions of the Penal Code, and in particular under Articles 226-13, 226-15 and 432-9 relating to the secrecy of
. The integrity of the content of shipments during processing. In addition, it ensures, inside or outside its premises, effective protection against the risks of deterioration or theft of shipments.
The provider defines the rules concerning the organisation of the processing of consignments Of correspondence. These rules must:
-be written;
-ensure the reliability and quality of the postal activity implemented. They shall contain, in a manner proportionate to the nature of the authorised activity, a device for measuring, detecting and correcting the deficiencies noted;
-providing for the processing of misdistributed or non-distributed correspondence Distributed;
-to identify the claimant handling mailings by way of marking of treated objects or any other equivalent process. The commonly used trade mark (s) shall be transmitted to the Electronic Communications and Postal Control Authority at its request. These marks are sufficiently self-explanatory to allow identification of the mark.
In Application of Article L. 5-1, paragraph 3, of the postal code and electronic communications, the provider shall make available to users and the Electronic Communications and Regulatory Authority the procedures of
These procedures must be:
-be accessible, simple, and free;
-be written and communicable on request;
-provide the contact details for the service to handle the claims;
- Include a reference to the response time.
The claimant ensures that these procedures are implemented. The claimant shall periodically establish balance sheets on the processing of claims, which may be communicated to the Electronic Communications and Postal Regulatory Authority.
The provider shall be required to bring to the knowledge of his staff the obligations and penalties incurred under the provisions of the Criminal Code relating to data protection The
shall take measures to ensure the protection, integrity and confidentiality of the personal data held and processed by him.
The claimant ensures that his benefits are provided in technical conditions that meet the preservation objective of Environment.
When the claimant makes an appeal to subcontractors or agents, he or she Contract with the latter, in accordance with the obligations of this Decree
The provisions of this Title apply to providers performing or performing the following activities:
-collection or removal of Correspondence sent to the sender, on French territory;
-sort by country;
-organization and implementation of international transport;
-distribution or delivery of correspondence to be distributed to a provider of the
For the purposes of this Order, French territory is understood as metropolitan France, the overseas departments and the local authorities of Mayotte and Saint-Pierre-et-Miquelon.
Providers not established in French territory who contract with users established on French territory Must have an authorisation for outgoing cross-border correspondence.
In accordance with the fourth paragraph of Article 2, all correspondence must be marked with a marking identifying the provider Dealing with postal objects. In the case of outgoing cross-border correspondence, such marking may be that of the claimant who is the holder of the authorisation or that of the provider with whom he maintains operational relations. Where appropriate, the provider holding an authorisation must be able, by simple analysis of the marking, to find the chain of transport used by the object concerned.
The marks commonly used are communicated to the Authority Regulation of communications and posts.
This Order shall be published in the Official Journal of the Republic French.
Done at Paris, May 3, 2006.
The Minister Delegate to Industry,
François Loos
The Minister of Economy,
Finance and Industry,
Thierry Breton
