Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic Promulgates the following law:
I. -The heading of Chapter I of Law No. 90-568 of 2 July 1990 on the organisation of the public service of La Poste and France Télécom is thus worded as follows: Missions de La Poste et de France Télécom ".
II. -Article 6 of Act No. 90-568 of 2 July 1990, as amended, reads as follows:
1 ° Before the first subparagraph, an I and a II shall be inserted as
: I.-In the exercise of its activities referred to in Article 2 of this Law, La Poste shall contribute, by means of its network of points of contact, to the development and development of the national territory, in addition to its service obligations Article L. 1 and L. 2 of the Postal Code and electronic communications and in accordance with the principles laid down in Article 1 of Act No. 95-115 of 4 February 1995 for the development and development of the Territory.
" To fulfil this mission, La Poste adapts its network of points of contact, notably through the conclusion of public or private local partnerships, seeking the best economic and social efficiency.
" A decree in the Council of State shall specify the rules according to which, at the departmental level and after consulting the departmental committee for territorial postal presence referred to in Article 38 of this Law, the rules shall Additional accessibility to La Poste's network for this mission. These rules take into account:
" -the distance and length of access to the proximity service provided in the contact points network;
" -the demographic, social and economic characteristics of the areas concerned and, in particular, their possible classification in areas of rural regeneration or sensitive urban areas referred to in Article 42 of Act No. 95-115 of 4 February 1995 Supra;
" -the geographical specificities of the departmental territory and the surrounding departments, in particular in mountain
. Except in exceptional circumstances, these rules may not allow more than 10 % of the population of a department to be more than five kilometres away and more than twenty minutes of automobile travel, under the conditions of circulation of the Territory concerned, closest contact points of La Poste.
" II. -To finance the additional territorial mesh thus defined, it is constituted, in a specific account of La Poste, which ensures its accounting and financial management, a national postal fund of territorial equalization under the conditions Fixed by a multi-annual contract for the territorial postal presence between the State, La Poste and the national association most representative of the mayors, after the opinion of the Higher Commission for the Public Service of Posts and Communications Electronic.
" The resources of the Fund shall be derived in particular from the local tax relief provided by La Poste under the first paragraph of Article 21 (1) of the I of Article 21
Contact points in areas of rural regeneration, in sensitive urban areas or in the territory of a municipality having concluded, with one or more others, within the framework or not of a public institution of inter-communal cooperation, Territorial presence agreement with La Poste benefit from a significant increase in the amount they receive in respect of postal
. A decree adopted after the opinion of the Higher Commission for the Public Service of Posts and Electronic Communications shall specify the procedures for the application of this II." ;
2 ° The current provisions are a III.
Article 38 of Law No. 90-568 of 2 July 1990 reads as follows:
" Article 38. -In order to implement a local consultation on the projects of evolution of the network of La Poste, it is created, in each département, a departmental commission of territorial postal presence composed of elected representatives. It meets in the presence of a representative of the State, responsible for ensuring the coherence of its work with those of the departmental commission for the organisation and modernisation of public services, and of a representative of La Poste, who Secretariat.
" The rules on accessibility to the network of La Poste referred to in Article 6 shall be laid down by taking into account the opinion of the departmental committee for territorial postal presence. In the département, and taking account of mountain areas, rural regeneration zones and sensitive urban areas, the departmental committee for territorial postal presence proposes a distribution of the allocation of the postal fund Territorial equalization defined in this section.
" A decree, taken after the opinion of the Higher Commission for the Public Service of Posts and Electronic Communications, specifies the composition, powers and rules of operation of the Commission. "
The fourth paragraph of Article 10 of Law No. 90-568 of 2 July 1990 reads as follows:
" Seven personalities chosen because of their skills, including representatives of national user associations and a representative of the municipalities, appointed by decree. "
I. -In Title I of the book I of the Code of Posts and Electronic Communications, Article L. 4 is repealed, Chapter II becomes Chapter III and Articles L. 5 and L. 6 become Articles L. 6 and L.
. -In the same title, a Chapter II has been re-established as follows:
"Chapter II
" The regulation of postal activities
" Art. L. 4. -The Minister responsible for posts shall prepare and implement the regulations applicable to postal
. The ministers responsible for posts and the economy shall, after public notice of the Authority for the regulation of electronic communications and postal services, certify the rates of the services offered to the press in respect of the public transport service and Distribution of the press and subject to the specific scheme provided for in this Code. The tariff structure of these benefits must promote pluralism, including political and general information.
" The Minister responsible for posts may request the Electronic Communications Regulatory Authority and posts to initiate the sanction procedure provided for in Article L. 5-3.
" Art. L. 5. -The Electronic Communications and Postal Regulatory Authority shall be consulted on draft laws or regulations relating to postal
. At the request of the Minister responsible for posts, it shall be associated with the preparation of the French position in this field and shall participate, under the same conditions, in matters within its competence, in the work carried out within the framework of the Relevant international and community organizations.
" Art. L. 5-1. -The Electronic Communications and Postal Regulatory Authority shall be responsible for issuing the authorisation requested by the providers referred to in Article L. 3. The authorisation shall be issued for a period of ten years. It is renewable. It is not assignable.
" The authority may refuse the authorisation only by a reasoned decision, based on reasons derived from the applicant's technical, economic or financial inability to deal with the obligations attached to his postal business in a sustainable way, in particular The rules referred to in Article L. 3-2, or that the applicant has been the subject of one of the sanctions referred to in Articles L. 5-3, L. 17, L. 18 and L. 19. It may rely on grounds derived from the safeguarding of public order, the requirements of defence or public security, rather than on the reasoned opinion of the minister responsible for
. The award decision shall indicate the characteristics of the supply of authorised postal services, the territory on which it may be provided, the procedures for the handling of complaints by users of such services, in the event of loss, theft or Non-compliance with the quality of service standards, including in cases where several providers are involved, as well as the obligations imposed on the holder to enable the exercise of the control of his postal business by the Regulatory Authority Electronic communications and positions.
" A decree of the Council of State shall specify the conditions and procedures for the application of this Article and in particular the quality standards of the service and the conditions of their control
Art. L. 5-2. -The Electronic Communications and Postal Regulatory Authority:
" 1 ° Ensure compliance by the universal service provider and the holders of the authorisation provided for in Article L. 3 of the obligations arising from the laws and regulations relating to the exercise of the universal service and Activities referred to in Article L. 3 and the decisions taken to implement those provisions. It shall punish the deficiencies found in the conditions laid down in Article L. 5-3;
' 2 ° shall be informed by the provider of the universal service of the technical and tariff conditions in which the holders of the authorisation provided for in Article L. 3 may have access to the means necessary for the exercise of the postal activity referred to in Article L. 3-1 and receives communication, for this purpose, of conventions signed under Article L. 3-1;
" 3 ° Decides, after examination of the proposal by La Poste or, failing a proposal, ex officio after it has informed it, of the multiannual framework characteristics of the rates of the universal service, which may, where appropriate, distinguish the Shipments in the number of shipments, and ensure that they are complied with. It approves the rates for benefits in the reserved area. The silence retained by the authority for more than one month from the date of receipt of the complete application shall be approved; the authority shall formulate its objection by a reasoned decision explaining the analyses, in particular economic analyses, which underlie it. The authority shall be informed by the universal service provider, prior to their entry into force and within a period specified by the decree provided for in Article L. 2, of the rates of the non-reserved universal service. It may make its opinion public. The authority shall take into account, in its decisions or opinions, the competitive situation of the markets, in particular for the examination of the rates of shipments in number;
" 4 ° Ensure the attainment of the objectives of the quality of the universal service, fixed by order of the Minister responsible for posts in accordance with the arrangements laid down in the decree laid down in Article L. 2; it shall be carried out by an independent body on an annual basis Quality of service, for which it publishes results;
" 5 ° Emet a public opinion on the economic aspects of the tariffs referred to in the second subparagraph of Article L. 4, prior to their approval by the ministers responsible for posts and the economy;
" 6 ° In order to implement the principles of separation and transparency of accounts, in particular to guarantee the financing conditions of the universal service, specifies the rules for the accounting of costs, establishes the specifications of the Accounting systems and ensuring compliance by the universal service provider with the cost accounting obligations laid down in the decree laid down in Article L. 2. In this respect, in the field of universal service, the authority receives communication of the results of the auditors' audits, without any opposition to professional secrecy. It shall make an annual check, at the expense of the universal service provider, by an organisation which it is acting, competent and independent of the universal service provider, the conformity of the accounts of the universal service provider with the rules that it Has established. It shall ensure that a declaration of conformity is published by the independent authorised body;
" 7 ° Takes into account, in all its reasoned opinions and decisions, the financial balance of the universal service obligations, by explaining its analyses, in particular economic analyses;
" 8 ° Recommends to the minister responsible for posts, if it appears that the universal service cannot be financed by the provider of this service under fair conditions, all measures useful to ensure the provision of this service.
" Art. L. 5-3. -The Electronic Communications and Postal Regulatory Authority may, ex officio or at the request of the Minister responsible for posts, a professional organisation, an approved association of users, a natural or legal person Of the universal postal service provider or of a holder of the authorisation provided for in Article L. 3, to impose, under the conditions laid down in this Article, penalties against the universal service provider or a holder The authorisation provided for in Article L. 3.
' This penalty authority is exercised under the following conditions:
" 1 ° In the event of an infringement of the universal service provider or a holder of the authorisation provided for in Article L. 3 to a legislative or regulatory provision relating to its activity, the decisions taken to ensure its implementation or Requirements of the title under which it is exercised, the Director of the Services of the Regulatory Authority for Electronic Communications and Postal Services puts it on notice to comply with it within a specified period; this period shall not be less than one month Except in case of serious and repeated infringement; the authority may make public this notice;
" 2 ° Where the person concerned does not comply within the period laid down in a decision taken pursuant to Article L. 5-4 or L. 5-5 or the notice provided for in 1 °, or provides incomplete or erroneous information, the Regulatory Authority shall Electronic communications and posts may pronounce, taking into account the seriousness of the breach, one of the following sanctions:
" (a) For a holder of the authorisation provided for in Article L. 3:
-warning;
" -the reduction of one year of the duration of the authorization;
-the suspension of the authorisation for one month or more;
" -withdrawal of authorization;
" (b) For the universal service provider or a holder of the authorisation provided for in Article L. 3, if the breach does not constitute a criminal offence, a financial penalty, the amount of which is proportionate to the gravity of the breach, to The situation of the person concerned, the extent of the damage and the benefits derived from it, without being able to exceed 5 % of the non-tax revenue of the last financial year ended, this limit being increased to 10 % in the case of a new infringement. In the absence of prior activity to determine this ceiling, the amount of the penalty shall not exceed EUR 150 000, increased to EUR 375 000 in the event of a further breach of the same obligation
Where the universal service provider or a holder of the authorisation provided for in Article L. 3 communicates incorrect information, refuses to provide the information requested or prevents the investigation carried out by the Authorised officials or agents, the Electronic Communications Regulatory Authority and posts may, after the Director of the Services of the Authority has failed to do so, impose a pecuniary penalty of an amount which cannot Exceed 15 000 EUR.
" The sanctions shall be imposed after the person concerned has received notification of the complaints and has been placed in a position to consult the file and to submit his written and oral
. Monetary penalties are recovered as foreign claims to tax and domain.
" The Electronic Communications and Postal Control Authority shall not be seized of any fact which is more than three years old, if no action has been taken in respect of their search, finding or
. Decisions on penalties shall be reasoned, notified to the person concerned and published in the Official Journal. They may be subject to full jurisdiction and to a request for suspension in accordance with Article L. 521-1 of the Code of Administrative Justice, before the State
. Art. L. 5-4. -The Electronic Communications and Postal Regulatory Authority may be seized by either party in a dispute concerning the conclusion or execution of contracts derogating from the general conditions of the universal service offering The sending of correspondence, where that dispute relates to the rules referred to in the second subparagraph of Article L. 2-1. It shall take a decision within four months after having placed the parties to submit their
. Art. L. 5-5. -In the event of a dispute between the universal service provider and a holder of the authorisation provided for in Article L. 3 on the conclusion or implementation of technical and tariff provisions of a Convention on access to resources Necessary for the exercise of the postal activity referred to in Article L. 3-1, the Electronic Communications and Postal Control Authority may be seized by any of the parties
The Electronic Communications and Postal Regulatory Authority shall ensure that the technical and tariff conditions offered are transparent and non-discriminatory and do not affect the proper performance of the tasks of the public service Mailings. It shall take a decision within four months after having placed the parties to submit their
. Art. L. 5-6. -Decisions taken by the Regulatory Authority for electronic communications and posts pursuant to Articles L. 5-4 and L. 5-5 shall be reasoned and shall specify, where appropriate, the technical and financial conditions in which the Benefits must be provided. The Authority shall notify its decisions to the parties and make them public subject to the secrets protected by
. It may, before making its decision, hear any person whose hearing it considers useful.
" It may refuse to disclose documents involving the secrecy of cases. These parts are then removed from the folder.
" Decisions taken by the Electronic Communications and Postal Regulatory Authority may be appealed to the Paris Court of Appeal for annulment or reformation within one month of their notification. The Paris Court of Appeal may also be seized if, on the expiry of the period referred to in Article L. 5-4 or in Article L. 5-5, the Electronic Communications and Postal Regulatory Authority has not pronounced
. The appeal is not suspensive. However, the judge may order the stay of execution of the decision, if the decision is likely to have manifestly excessive consequences or if it has arisen, subsequent to its notification, of the new facts of an exceptional nature Severity.
" The appeal in cassation, if any, against the judgment of the Court of Appeal shall be exercised within one month of the notification of that
. An Order in Council of State shall determine the conditions for the application of this Article
Art. L. 5-7. -The Electronic Communications and Postal Regulatory Authority may have before it a request for conciliation by the universal service provider, the mailers of correspondence in number, the intermediaries grouping the consignments Correspondence of several clients or the holders of the authorisation provided for in Article L. 3, with a view to settling disputes between those opposing Articles L. 5-4 and L. 5-5.
" Art. L. 5-8. -The President of the Electronic Communications and Postal Regulatory Authority shall refer the Competition Council to the abuse of dominant position and the practices which impede the free exercise of competition In the field of postal activities, in particular where a dispute is referred to it pursuant to Articles L. 5-4 and L. 5-5. Where the Competition Council is seized in an emergency procedure, it shall take a decision within 30 working days after the date of the
. The President of the Electronic Communications and Postal Regulatory Authority may also refer the Competition Council to any other matter within its competence.
" The Competition Council shall communicate to the Regulatory Authority for electronic communications and posts any reference within the scope of its competence and shall gather its opinion on the practices before it in the field of Postal activities.
" The President of the Electronic Communications and Postal Regulatory Authority shall inform the Public Prosecutor of the Republic of the facts which are likely to receive a criminal
. Art. L. 5-9. -In accordance with the conditions laid down in this Article, the Minister responsible for posts and the Regulatory Authority for electronic communications and posts may, in a manner proportionate to the requirements relating to the performance of their tasks, and The basis for a reasoned decision, to collect, from the universal service provider and the holders of the authorisation provided for in Article L. 3, all the information or documents necessary to ensure that these persons comply with Legislative or regulatory provisions relating to their activity, decisions taken to ensure the implementation of those provisions and the requirements of the title under which they operate.
" The investigations shall be carried out by officials and officials of the Ministry responsible for posts and the Electronic Communications Regulatory Authority and the posts authorised for that purpose by the Minister responsible for posts and sworn in Conditions laid down by decree in Council of State.
" The investigations are recorded in the Minutes. A duplicate is transmitted within five days to interested parties.
" The Minister responsible for posts or the Regulatory Authority for electronic communications and posts shall designate, and shall ensure that it is sworn in the same conditions as indicated above, any person competent to carry out, the case Expertise.
" Officials and investigating officers shall access all relevant information held by postal service providers or postal workers. They shall, at their request, receive copies of the accounting documents and invoices, of any documents or documents useful, and shall, upon convocation or on the premises, collect the information and rationales for the performance of their Mission.
" They may have access to all premises, land and vehicles for professional use, excluding homes and parts of premises serving as home, subject to such persons, unless authorized by the President of the High Court or the Magistrate That it delegates to this end. They can only access these premises between 6 and 21 hours or during their opening hours if they are open to the public.
" The Minister responsible for posts and the President of the Electronic Communications and Regulatory Authority shall ensure that the information collected pursuant to this Article is not disclosed when it is protected By a secret referred to in Article 6 of Law No. 78-753 of 17 July 1978 on various measures to improve relations between the administration and the public and various administrative, social and fiscal
. Art. L. 5-10. -In order to be able to ensure the distribution of postal items, the universal service provider and the holders of the authorisation provided for in Article L. 3 shall have access, in accordance with the same conditions laid down by decree in the Council of State, After the opinion of the Electronic Communications and Postal Regulatory Authority, to the special mailboxes. "
III. -Section 2 of Chapter I of Title I of the book Ier of the code of construction and housing is completed by a sub-section 3 thus written:
" Subsection 3
"Access
postal service operators and press carriers to special mailboxes
" Art. L. 111-6-3. -For the application of Article L. 5-10 of the postal code and electronic communications, the owners or, in the case of joint ownership, the trade union represented by the trustee shall allow the provider of the universal postal service and the operators Holders of the authorisation provided for in Article L. 3 of the same Code, according to identical terms, to the special mailboxes.
" Carriers and co-producers of the press registered with the Conseil supérieur des Messageries de presse, acting on behalf of a press company or a press service company, holder of the authorisation provided for in Article L. 3 of the postal code and electronic communications, shall have access to the special mailboxes in the same manner as the home distribution agents acting on behalf of the operators referred to in the preceding paragraph. "
Article L. 311-4 of the Administrative Justice Code reads as follows:
" 3 ° Articles L. 5-3 and L. 36-11 of the postal code and electronic communications against the sanction decisions taken by the Electronic Communications and Postal Regulatory Authority; ".
In the last sentence of the second paragraph of Article 9 of Act No. 90-568 of 2 July 1990 on the organisation of the public postal service and To France Telecom, the words: Tariffs, " Are deleted.
I. -Section 31 of Act No. 90-568 of 2 July 1990 is thus amended:
1 ° At the beginning of the first sentence of the first subparagraph, the words: Where the specific requirements of the organization of certain services or the specificity of certain functions justify it, " Deleted;
2 ° The first sentence of the last paragraph is supplemented by the words: " , or those relating to staff delegates and trade union representatives " ;
3 ° The last sentence of the last paragraph is deleted;
4 ° It is complemented by a paragraph so written:
" A decree of the Council of State determines the conditions under which the officers of La Poste are represented in consultation bodies responsible for ensuring the collective expression of their interests, in particular with regard to the organisation of the Services, working conditions and vocational training. It further specifies, taking into account the objective of harmonising in La Poste the institutions representative of the staff, the conditions under which the individual representation of private law agents is ensured, and establishes the rules Protection, at least equivalent to those laid down in the Labour Code for staff delegates, to which their representatives are entitled. "
II. -After Article 31 (1) of the same Law, two Articles 31-2 and 31-3 shall be inserted as
: Art. 31-2. -It is hereby established, within La Poste, a committee of exchanges on the strategy, to inform the trade unions of the prospects for the evolution of La Poste, and to collect their analyses on the strategic orientations of the group
A Social Dialogue Commission is also set up to ensure consultation with trade unions on projects of national scope or topical issues and to inform them.
" La Poste seeks to negotiate and coordinate the conclusion of agreements with trade unions in all social fields relating to postal activity. Consultation and negotiation bodies shall be established for this purpose at national and territorial level, after the opinion of the representative trade
. These bodies follow the implementation of the signed agreements. A National Conciliation Commission is responsible for the amicable settlement of
. Art. 31-3. -Titles III and IV of Book II of the Labour Code apply to all staff of La Poste, subject to adaptations, specified by a decree in the Council of State, taking into account the special provisions relating to civil servants And the employment of contract agents. "
After the third paragraph of Article 32 of Law No 90-568 of 2 July 1990, it is inserted a paragraph worded as follows:
" The provisions of Chapters III and IV of Title IV of Book IV of the Labour Code shall apply to all staff of the public operator, including those referred to in Articles 29 and 44 of this Law. The arrangements for the implementation of these provisions shall be determined in accordance with the public operator's plan contract. "
Article L. 6 of the postal code and electronic communications is thus written:
" Art. L. 6. -The universal service provider and the holders of the authorisation provided for in Article L. 3 shall communicate to the judicial authorities who so request in criminal matters and to the tax administration the changes of domicile of which they have Knowledge. "
I. -Article L. 130 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" The Electronic Communications and Postal Regulatory Authority shall be composed of seven members appointed on the basis of their economic, legal and technical qualifications, in the areas of electronic communications, posts and The economy of the territories for a six-year term. Three members, including the Chair, are appointed by Order in Council. Two members are appointed by the Speaker of the National Assembly and two by the Speaker of the Senate." ;
2 ° In the first sentence of the fourth paragraph, the word: " Three " Is replaced by the word: " Five " ;
3 ° The sixth paragraph is deleted;
4 ° In the second sentence of the seventh paragraph, the words: " Either of the two paragraphs " Are replaced by the words: " Paragraph ".
II. -The members of the authority referred to in Article L. 130 of the code of posts and electronic communications who are in office on the date of publication of this Law shall carry out their term of
. -Upon the publication of this Law, the President of the National Assembly and the President of the Senate shall each appoint an additional member of the Electronic Communications and Postal Regulatory Authority for a term of six years Until 31 December of the last year of that mandate.
After item L. 2 of the postal code and electronic communications, an article L. 2-2 reads as follows:
" Art. L. 2-2. -I.-It is hereby established, subject to the conditions for implementation provided for in II and III, a compensation fund for the universal postal
. The Caisse des Depots et Consignations ensures the accounting and financial management of this fund in a specific account. The management fees incurred by the credit union are charged to the fund.
" The contribution of each postal service provider holding the authorisation provided for in Article L. 3 shall be calculated on the basis of its turnover within the scope of the universal service defined in Article L. 1, excluding the one carried out in the Framework for the transport and distribution activities of the press or for services performed or invoiced in the field of the universal service on behalf of third-party operators. Any provider whose turnover so demarcated is less than an amount fixed by decree is exempt from contribution to the compensation fund.
" The amount of the net contributions which the universal service provider or the providers holding the authorisation provided for in Article L. 3 shall pay or receive shall be determined by the Electronic Communications and Regulatory Authority Positions. These contributions shall be recovered by the Deposits and Consignations in accordance with the terms and conditions set out for the claims of that institution.
" In the event of a failure of an operator, the Electronic Communications and Postal Regulatory Authority shall impose one of the penalties provided for in Article L. 5-3. In the event of a new failure, it may withdraw the authorization. If the sums due are not recovered within one year, they shall be charged to the fund in the following financial
. II. -A decree in the Council of State, taken after the opinion of the Regulatory Authority for Electronic Communications and posts and the Higher Commission for the Public Service of Posts and Electronic Communications, specifies the methods of assessment, Netting and sharing of net costs related to universal service obligations.
" III. -A decree, taken after a public notice by the Electronic Communications Regulatory Authority and posts on an application by the universal service provider establishing, on the basis of the accounting data referred to in Article L. 5-2, that it Bears an unfair financial burden attributable to its universal service obligations, fixed the first year in which the net contributions to the compensation fund for the universal postal service are recovered. "
I. -1. Article 2 of Law No. 90-568 of 2 July 1990 reads as follows:
" Art. 2. -La Poste and its subsidiaries constitute a public group which fulfils, under the conditions laid down by the texts governing each of its fields of activity, missions of general interest and performs competitive activities.
" The Post Office ensures, in the internal and international relations, the public service of postal items, which includes the universal postal service and in particular the public service of the transport and distribution of the press benefiting from the scheme Specific to the postal code and electronic communications. It shall also ensure, in accordance with the rules of competition, any other service for the collection, sorting, transport and distribution of postal items, mail in all its forms, objects and goods
It shall exercise its financial activities in accordance with the conditions laid down in Article L. 518-25 of the Monetary and Financial Code. "
2. The monetary and financial code is thus modified:
a) Article L. 518-25 reads as follows:
" Art. L. 518-25. -In the banking, financial and insurance fields, La Poste offers products and services to the greatest number, in particular Livret A.
" To this end, and subject, where appropriate, to activities which it exercises directly in accordance with the texts which govern it, La Poste shall, under the conditions laid down by the applicable law, create any subsidiary having the status of establishment of Credit, investment business or insurance undertaking and takes directly or indirectly any participation in such establishments or undertakings. It may enter into any agreement with such establishments or undertakings with a view to offering, on their behalf and on account and in accordance with the rules of competition, any benefit which contributes to the achievement of their object, in particular all Provision relating to the operations provided for in Articles L. 311-1, L. 311-2, L. 321-1 and L. 321-2 or to all insurance products. ' ;
(b) In the first paragraph of Article L. 518-26, after the words: " Under the guarantee of the State "shall be inserted the words:" To receive the deposits of Booklet A under the conditions laid down in Articles L. 221-1 and following, without prejudice to the provisions specific to ordinary savings banks', and the words: ' In the context of the tasks defined in Article L. 518-25 " Are deleted;
(c) The same article is supplemented by a paragraph so written:
" The Caisse Nationale d' épargne is managed, on behalf of the State, by a credit institution of which La Poste holds the majority of the capital, under conditions determined by an agreement concluded between the State, La Poste and this establishment. "
II. -1. La Poste shall transfer to a subsidiary approved as a credit institution under the conditions laid down in Article L. 511-10 of the Monetary and Financial Code and subject to the provisions of Title I of Book V of the same code, all property, rights And obligations of any kind relating to its financial services, including holdings, with the exception, where appropriate, of those necessary for the activities it carries out directly. The Post holds the majority of the capital of this credit institution.
In this context, La Poste shall, inter alia, transfer to this institution all accounts and booklets of all kinds opened in its books, as well as the property, rights and Bonds that are related to them. The current postal accounts, of which the name may be maintained, shall be governed, as from this transfer, by the monetary and financial code, in particular by its Articles L. 312-1 and following.
2. Subject to the rules specific to Livret A, The credit institution referred to in 1 shall exercise for its own account all the activities previously carried out under the National Savings Fund, under the conditions laid down in the texts governing each of those activities. To this end, and without prejudice to the specific rules of centralisation, the assets, rights and obligations relating to accounts, books and contracts of any kind opened or concluded by La Poste under the National Savings Bank, in particular those Necessary to comply with the rules on the hedging of risks and the prudential obligations of credit institutions, shall be transferred to that institution on the date of the transfer referred to in 1. As of this date, with the exception of the deposits on Livret A, the Caisse Nationale d' Savings no longer receives any deposits. From the date of the transfer provided for in 1, the Fund for Deposits and Consignations shall be discharged from any liability arising out of the management, on behalf of the State, of the transferred assets, rights and
. Exceeding two years from the date of publication of this Law, accounts, books and contracts transferred pursuant to the preceding paragraph shall be covered by the guarantee provided for in Article L. 518-26 of the Monetary and Financial Code in Conditions defined by an agreement between the State and the credit institution referred to in 1.
3. From the date of the transfer provided for in 1 and until the conclusion of the Convention provided for in the last paragraph of Article L. 518-26 of the Monetary and Financial Code, the credit institution referred to in 1 shall, on behalf of the State, provide for the management of The National Savings Fund.
4. The transfers referred to in 1 and 2 shall be carried out in full right and without any formality notwithstanding any provision or stipulation to the contrary. They result in the effect of a universal inheritance of heritage, as well as the transfer of the full and non-formality of the accessories of the assigned claims and of the security and personal rights guaranteeing them. The transfer of contracts in progress, irrespective of their legal qualifications, concluded by La Poste in the course of the activities of its financial services, including the management of the National Savings Bank, or concluded by The Caisse des Deposits et Consignations, is not such as to justify their termination, or the modification of any of their clauses or, where applicable, the early repayment of the debts which are the object thereof. Likewise, such transfers shall not be such as to justify the termination or amendment of any other agreement concluded by La Poste or the companies which are related to it within the meaning of Articles L. 233-1 to L. 233-4 of the Commercial Code. These transfers do not result in the transfer of any contract of employment.
5. The transactions referred to in this II shall not result in the collection of any duties, taxes or taxes of any kind.
6. The terms of application of this Article, in particular the conditions under which the property, rights and obligations referred to in 2 are transferred to the credit institution referred to in 1 through the intermediary of La Poste, are specified by decree in State Council, taken after notice from the Monitoring Committee of the Caisse des Depots et Consignations.
7. No later than two years after the transfer referred to in 1, the Court of Auditors shall draw up a report on the establishment of the credit institution referred to in 1, on its operation and on the relations of any nature existing between that Credit institution and other companies in the La Poste Group. This report is forwarded to Parliament.
III. -1. The Post and the credit institution referred to in 1 of II shall conclude one or more conventions within the meaning of the second subparagraph of Article L. 518-25 of the Monetary and Financial Code with a view to determining the conditions under which that institution Uses the means of La Poste, in particular its staff, for the realization of its object. These agreements shall, in particular, determine the conditions under which account holders or booklets who are open to the institution may carry out any withdrawal or deposit operation with La Poste.
2. Activity at La Poste may, with their agreement, be made available to the credit institution referred to in 1 of the II and of the companies of which it directly or indirectly holds the majority of the capital for a period of time, with their agreement Up to fifteen years. These companies refund to La Poste the corresponding charges. The officials thus made available may at any time request their reassignment in the services of La Poste.
IV. -1. In Article L. 221-10 of the Monetary and Financial Code, the words: The Post " Are replaced by the words: " The credit institution referred to in Article L. 518-26 " And the words: " Or on behalf of which " And " , in one of its establishments " Are deleted.
2. In the first paragraph of Article L. 518-1 of the Code, the words: " The financial services of La Poste " Are replaced by the words: " La Poste, under the conditions laid down in Article L. 518-25 ". In the last paragraph of the same article, the words: The financial services of La Poste " Are replaced by the words: " At La Poste, under the conditions laid down in Article L. 518-25 ". In Article L. 564-3 of the same code, the words: The financial services of La Poste " Are replaced by the words: " La Poste ".
3. (a) The monetary and financial code is thus amended:
-in the first paragraph of Article L. 133-1 and in the third paragraph of Article L. 141-8, the words: La Poste financial services, " Are deleted;
-in the first and third paragraphs of Article L. 312-1, the words: " La Poste's financial services or " Are deleted;
-in the second paragraph of the same article, the words: " Financial of La Poste, or those of " Are deleted;
-in the first paragraph of article L. 221-18, the words: " The financial services of La Poste, " Deleted;
(b) In the second paragraph of Article L. 333-4 of the Consumer Code, the words: And the financial services of La Poste " Are deleted. In the last paragraph of the same article, the words: The Banque de France, the credit institutions and the financial services of La Poste " Are replaced by the words: " To the Banque de France and credit institutions." The same changes are made in Article L. 313-6 of the Monetary and Financial Code;
(c) In Article 56 of the Amending Finance Law for 2001 (No. 2001-1276 of 28 December 2001), the words: And the financial services of La Poste " Deleted;
d) In Article 1 of Law No. 87-416 of 17 June 1987 on savings, the words: The financial services of La Poste " Are deleted.
4. References to " La Poste financial services " Are deleted in all existing regulatory texts.
5. In Article L. 315-3 of the code of construction and housing, the words: The National Savings Bank and " Are deleted.
6. In Article 1 of Law No. 92-666 of 16 July 1992 on the Stock Savings Plan, the words: , La Poste " Are deleted.
7. The last paragraph of Article 15 of Law No. 90-568 of 2 July 1990 and the last two paragraphs of Article 16 of that Law are deleted.
8. (a) Are repealed:
-Book III of the Postal Code and electronic communications;
-Section 2 of Chapter I of Title III of Book I of the Monetary and Financial Code;
(b) In Article L. 163-11 of the Monetary Code and Financial, reference: " L. 131-88 " Is replaced by the reference: " L. 131-87 ".
9. (a) Chapter I of Title III of the Book I of the Monetary and Financial Code is entitled: The bank and postal check " And subsections 1 to 12 of Section 1 of this chapter become sections 1 to 12;
(b) In Articles L. 131-1 and L. 131-85 of the Code, the words: " This section " Are replaced by the words: " This chapter " ;
(c) In Articles L. 131-40, L. 131-86 and L. 131-87 of the same code, the words: Of this section " Are replaced by the words: " In this chapter ".
V.-1. Until their maturity, the investments made in accordance with the provisions of Article 15 of Act No. 90-568 of 2 July 1990, cited above in its drafting in force up to the date of publication of this Law, shall remain governed by those provisions. Provisions.
2. The provisions of I to IV come into force on the date of transfer under 1 of II.
Legal or physical persons who, on the date of entry into force of Article 5, normally provide services referred to in Article L. 3 of the Code of Posts and Communications Electronic may continue to operate subject to the request for authorisation provided for in Article L. 3 within the period of three months from the publication of the decree provided for in Article L. 5-1 of the same Code.
In the third subparagraph (2 °) of Article 1 of Act No. 83-629 of 12 July 1983 regulating private security activities, the words: Funds, jewelry " Are replaced by the words: " Jewellery representing a value of at least EUR 100 000, funds, except for employees of La Poste or credit institutions authorised by their employer, where their amount is less than EUR 5 335, '.
The last sentence of the first paragraph of Article L. 541-10-1 of the Environment Code reads:
" However, it is excluded from this contribution the making available to the public of information by a public service, where it results exclusively from an obligation arising out of a law or regulation, or by a press publication, in the sense of Article 1 of Act No. 86-897 of 1 August 1986 on the reform of the legal system of the press, and the distribution of correspondence within the meaning of Article L. 1 of the postal code and electronic communications. "
I. -Law No. 90-568 of 2 July 1990 is thus amended:
1 ° In the last paragraph of Article 6 and in the second paragraph of Article 7, the words: Its specifications " Are replaced by the words: " Council of State decree " ;
2 ° Article 8 reads as follows:
" Art. 8. -The general framework for managing the activities of the public operator shall be fixed by decree in the Council of
. A decree in the Council of State also lays down the guarantees for the fair remuneration of public service benefits provided by the public operator, in particular the transport and distribution services of the press. ' ;
3 ° Article 23 is thus amended:
(a) In the second paragraph, the words: " Of the obligations of its specification " Are replaced by the words: " Its legislative and regulatory obligations " ;
(b) The last paragraph reads as follows:
" The conditions and terms of the opposition referred to in the second subparagraph shall be fixed by decree in the Council of State." ;
4 ° In Article 27, the words: " Provided for in this matter by the specification " Are replaced by the words: " Regulations specifying its rights and obligations " ;
5 ° The last paragraph of Article 33 reads as follows:
" The arrangements for monitoring the evolution of the overall contribution of the public operator to the financing of social activities shall be fixed by decree in the Council of State. ' ;
6 ° The first sentence of the second paragraph of Article 34 reads as follows:
" It prepares the plan contract of the public operator and ensures compliance with its provisions. "
II. -In Article L. 1334-1 of the Defence Code, the words: Articles 5 and 8 " Are replaced by the words: " Article 5 ".
The code of posts and electronic communications is thus modified:
1 ° Title III of the book Ier becomes Chapter IV of the title Ier of the book Ier;
2 ° In book Ier, the divisions and the Titled: " Title VI. -Postal distribution "," Chapter I. -Home distribution "," Chapter II. -Window distribution "," Title VII. -Marine station " Are deleted;
3 ° Title VIII of the book Ier becomes Title II of the same book;
4 ° Article L. 126 becomes Article L. 11;
5 ° In Title I of Book I, it is created a chapter V entitled: Limitation period " Which includes Articles L. 10 and L. 11;
6 ° Book IV becomes Book III as of the transfer referred to in 1 of II of Article 16 and includes an Ier title entitled " Common provisions " And a Title II containing the title ' Final Provisions " Already in this book, and comprising Articles L. 128 and L. 129, which become Articles L. 140 and L. 141 respectively. Title I includes Articles L. 125 and L. 130 to L. 135.
The transfer referred to in 1 of II of section 16 occurs on or before January 1, 2006.
This Act will be enforced as the law of the State.
Done at Paris, le May 20, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Seal Guard, Minister of Justice,
Dominique Perben
Minister of Economy,
Finance and Industry,
Thierry Breton
Industry Minister,
Patrick Devedjian
(1) Act No. 2005-516.
-Community Directives:
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 quality of service;
Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97 /67/EC as regards the further opening up to competition of services Community postal services.
-Preparatory work:
Senate:
Bill No. 410 (2002-2003);
Report by Pierre Hérisson, on behalf of the Committee on Laws, No. 162 (2003-2004);
Opinion by Mr Philippe Marini, on behalf of the Committee on Finance, No. 171 (2003-2004);
Discussion on 27 and 28 January 2004 and adoption on 28 January 2004.
National Assembly:
Bill, adopted by the Senate, No. 1384;
Report on Mr. Jean Proriol, on behalf of the Committee on Economic Affairs, No. 1988;
Discussion from 18 to 20 January 2005 and adoption on 20 January 2005.
Senate:
Bill, as amended by the National Assembly, No. 149 (2004-2005) ;
Report by Pierre Hérisson, on behalf of the Committee on Economic Affairs, No. 219 (2004-2005);
Discussion on 8, 9 and 10 March 2005 and adopted on 10 March 2005.
National Assembly:
Bill, adopted With amendments by the Senate at second reading, point 2157;
Report by Mr Jean Proriol, on behalf of the Committee on Economic Affairs, No. 2229;
Discussion on 12 and 14 April 2005 and adoption on 3 May 2005.
Senate:
Bill, as amended by the National Assembly at second reading, No. 312 (2004-2005);
Report by Pierre Hérisson, on behalf of the Joint Joint Committee, No. 327 (2004-2005);
Discussion and adoption on 12 May 2005.
National Assembly:
Report by Mr Jean Proriol, on behalf of the Joint Joint Committee, No. 2297;
Discussion and adoption on 12 May 2005.
