Act No. 2005-516 Of 20 May 2005 Concerning The Regulation Of Postal Activities

Original Language Title: LOI n° 2005-516 du 20 mai 2005 relative à la régulation des activités postales

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Implementing legislation European Directive n ° 2002-39 of June 10, 2002 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending directive 97/67/EC with regard to the further opening to competition of the postal services in the community Decree No. 2005-1068, August 30, 2005, taken for the application of article 16 of Act No. 2005-516 of 20 May 2005 concerning the regulation of postal activities Decree No. 2006-384 of the 27 March 2006 on basic banking services referred to in article D. 312-5 of the monetary and financial code Decree No. 2006-507 of May 3, 2006 concerning the regulation of postal and amending activity code positions and electronic communications Decree No. 2006 - 1020 of August 11, 2006, taken for the application of articles L. 7 and 8 of the code of posts and communications relating to the liability regime applicable to providers of postal services and electronic order No. 2006 - 1116 5 September 2006 taken for the purposes of article 16 of Act No. 2005-516 of 20 May 2005 concerning the regulation of postal activities Decree No. 2007-310, March 5, 2007 on the postal fund national territorial equalization Decree No 2007-448 of 25 March 2007 concerning composition, powers and functioning of the departmental territorial postal presence commissions summary Code of postal and electronic communications : - Creation: after article L. 2 of articles L. 2 - 1 and L. 2 - 2, articles L 3, L 3 - 1 to L. 3-4, of chapter II 'The regulation of postal activities' including articles 4, L. 5, L. 5 - 1 to L. 5-10, articles L. 6, L. 17, L. 18, L. 19, L. 20, L. 28, l 29, l 30, in title I of book I of chapter V entitled : 'Prescription', which includes articles L. 10 and L. 11.-change: the title of chapter I of title I of book I "universal postal service and the postal service obligations", article 1, chapter II becoming chapter III, articles L. 5 and L. 6 becoming articles L. 6 and L. 6 - 1, l 31, items L. 36-1 , L. 36-2, L. 36 - 3, L. 36 - 4, 36 - 12 and L. 36 - 14 become respectively articles l 130, L. 131, L. 132, L. 133, L. 134 and 135, articles l 125, L 126, L. 131, L.133, L 135, l 130, L. 7, l 8, L 9, l 10, in the title of title III of book I 'Liability Regime applicable to postal services', of title III of book I becoming chapter IV of title I of book I, title VIII of book I becoming title II of the same book, article L. 126 becoming article L. 11, book IV becoming Book III from the transfer mentioned in 1 II of article 16 and including a title I entitled 'Common provisions' and a title II with the title 'Final provisions' contained already in this book, and comprising articles L. 128 and L. 129, who respectively become articles L. 140 and L. 141, the title 1st including articles L. 125 and L. L. 135 130, the transfer mentioned in 1 II of article 16 occurs no later than January 1, 2006.-repeal : articles 4, l 15, L. 16, L. 21 to L. L. 25, L. 27, L 36, Book III, articles L. 11-l 13 - 1, L. 14, in book I of the divisions and headings: ' title VI '. -Postal delivery', 'chapter I:. -Door-to-door delivery', 'chapter II. -Distribution at the counter', ' title VII '. -Maritime position. Code of construction and housing:-Creation: in section 2 of chapter I of title I of book I of a sub-section 3 "access to postal services and holders of press operators to the special mailboxes» consisting of article L. 111 - 6-3,-amendment: article L. 315 - 3.Code of administrative justice:-Modification: articles L. 311 - 4, monetary and financial Code : - Modification: articles L. 518 - 25, L. 518 - 26, L. 221 - 10, L. 518 - 1, L. 133 - 1, L. 141 - 8, L. 312 - 1, L. 221 - 18, L 163 - 11, the title of chapter I of title III of book I 'The banking and postal cheque' and sub-sections 1 to 12 of section 1 of this chapter become sections 1 to 12, articles L. 131-1 , L. 131-85, L. 131 - 40, L. 131 - 86, L. 131 - 87,-repeal: section 2 of chapter I of title III of book consumption I.Code:-amendment: article L. 333 - 4.Code environment:-amendment: article L. 541-10 - 1.Code of the social security:-amendment: section L. 241 - 13.Code defence:-amendment: article L. 1334 - 1.Modification of Act No. 90-568 of 2 July 1990 on the organisation of the public service of La Poste and France Telecom: - Creation of articles 2, 38, after article 31-1 of articles 31-2 and 31-3 - change: the title of chapter I "Missions of the post office and France Telecom", articles 6, 7, 8, 9, 10, 15, 23, 27, 31, 32, 33, 34.Modification of the Finance Act amendment for 2001 (No. 2001 - 1276 of 28 December 2001):-amendment: article 56.Modification of Act No. 87-416 of 17 June 1987 on savings : - Amendment: article 1.Modification of the stock savings plan Act No. 92-666 of 16 July 1992:-amendment: article 1.Modification of Act No. 83-629 of 12 July 1983 regulating private security activities:-amendment: article 1.
Keywords economy, CODE of posts and COMMUNICATIONS, CCH, CJA, CMF, CODE of the consumption, CODE of the environment, the defence CODE, CSS, zip, OBLIGATION, service provider universal SERVICE, mail, FRANCE TELECOM, COMMISSION DÉPARTEMENTALE DE PRESENCE postal territorial, postal, electronic COMMUNICATIONS and posts, access, operator of postal SERVICES regulator, exchange the strategy COMMISSION
, Clearing funds, Bill, law postal records Legislative Act No. 2005-516 of 20 May 2005 legislative Dossier JORF n ° 117, May 21, 2005 page 8825 text no. 1 Act No. 2005-516 of 20 May 2005 concerning the regulation of postal activities (1) NOR: ECOX0300058L ELI: https://www.legifrance.gouv.fr/eli/loi/2005/5/20/ECOX0300058L/jo/texte Alias : https://www.legifrance.gouv.fr/eli/loi/2005/5/20/2005-516/jo/texte the National Assembly and the Senate have adopted, the President of the Republic enacts the law whose content follows: Article 1 more on this article...

Chapter I of title I of book I of the post and electronic communications code is amended as follows: 1 ° it is entitled: "the universal postal service and the postal service obligations" and includes articles l 1 to L. 3-4;
2 ° at the beginning of article L. 1, are inserted three paragraphs thus written: "for the purposes of this code, postal services are the clearance, sorting, routing and distribution of postal items in the context of regular tours.
' Is a sending postal any object intended to be delivered to the address indicated by the sender on the object itself or on its wrapping and presented in the final form in which it is to be carried. '' Are considered as postal items books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value.
"The sending of correspondence is a mail item not exceeding two kilograms and with a written communication on a material carrier, excluding books, catalogues, newspapers or periodicals. Direct mail is part of items of correspondence. » ;
3 ° after the third paragraph of article L. 1, inserted a paragraph as follows: 'distribution service is made, in appropriate facilities, at the home of every natural or legal person or, by way of derogation, under conditions determined by Decree.';
4 ° the last three paragraphs of article L. 2 are replaced by five well written paragraphs: "postal services relating to items of correspondence inside or from abroad, including those operated by expedited mail, are reserved for La Poste when their weight is more than not 100 grams and the price is less than three times the base rate. Constitute the sector booked, as of January 1, 2006, services relating to items of correspondence inside or from abroad, including those provided by expedited mail, of a weight exceeding not 50 grams and less than twice and a half the basic rate. Shipments of books, catalogues, newspapers and periodicals are excluded from the area reserved for the post office.
"The above base rate is the rate for an item of correspondence in the first weight step of the fastest standard category. As long as it serves as a reference for the delimitation of the reserved services, its value must not exceed EUR 1.
"By way of derogation from paragraph 2, the person who is at the origin of items of correspondence, or a person acting exclusively on behalf can ensure its own mail service.
"A decree in Conseil d'Etat, taken after consulting of the post, and notice the authority of regulation of electronic communications and posts and the High Commission for the public service of postal and electronic communications, said the features of the universal service offer that La Poste is required to ensure.

"This Decree fixed also the rights and obligations of the position in respect of its missions of public postal service, including the specific plan offered to the press under the second paragraph of article L. 4, as well as the conditions in which the neutrality and confidentiality of services are ensured that it provides. ';
5 ° after article L. 2, inserted an article L. 2 - 1 worded as follows: «art.» L 2-1. -The universal service provider may enter into with items of correspondence in many shippers, intermediaries grouping items of correspondence from several clients or holders of the authorisation provided for in article L. 3, contracts derogating from the General conditions of the universal service on offer, including special rates for business services. Tariffs take account of the avoided costs compared to the conditions of the services comprising the totality of the proposed benefits.
"The claimant determines the rates and conditions of these services according to objective and non-discriminatory rules.
'These contracts are communicated to the authority of regulation of electronic communications and posts at his request.';
6 ° article L. 3 reads as follows: «art.» 3. -Providers of non-reserved postal services relating to items of correspondence, including cross-border, must hold an authorisation issued under the conditions laid down in article L. 5 - 1, except if their activity is limited to internal correspondence and does not include distribution. » ;
7 ° after article L. 3, are inserted four articles L 3 - 1 to L. 3-4 thus written: «art.» L 3-1. -The owners of the authorisation provided for in article L. 3 have access under transparent and non-discriminatory conditions, according to detailed technical and tariff under agreements signed to this end with the provider of the universal service, to the means, owned or controlled by him, which are indispensable to the exercise of their postal activities.
"These ways include directory of postcodes correspondence between these codes and geographic information on the routes and addresses, information collected by the post office change of address service redirection in the event of change of address of the recipient, a faculty or a distribution service in post office boxes installed in post offices. ''
«Art.» 3-2. -Any provision of postal services is subject to the following rules: 'a) ensure the safety of users, personnel and facilities of the service provider;
«b) ensure confidentiality of items of correspondence and the integrity of their content;
«c) the protection of the personal data which may be custodians of the universal service provider or holders of authorization provided for in article L. 3, as well as the protection of the privacy of the users of these services;
"d) being provided under the technical conditions respecting the objective of preservation of the environment.
«Art.» 3-3. -Stamps issued by La Poste must be marked: "France.
«Art.» 3-4. -A decree in Conseil d'Etat defines the characteristics of the service of mail used in administrative and judicial proceedings.
'It also determines the conditions under which the universal service provider and holders of the authorisation provided for in article L. 3 may provide this service.'


Article 2 more on this article...

I. - The title of chapter I of Act No. 90-568 of 2 July 1990 on the Organization of the public service of La Poste and France Télécom reads as follows: 'Missions de La Poste et France Telecom'.
II. Article 6 of Act No. 90-568 of 2 July 1990 is amended as follows: 1 ° before the first subparagraph, shall be inserted an I and an II as follows: "i. - in the exercise of its activities referred to in article 2 of this Act, La Poste contributes, through its network of points of contact, to the development and the development of the national territory In addition to its universal service obligations in respect of articles L 1 and l 2 of the code of posts and electronic communications in compliance with the principles set out in article 1 of Act No. 95-115 of 4 February 1995 guidance for the planning and development of the territory.
"To fulfill this mission, La Poste adapts its network of points of contact, including through local partnerships, public or private, by searching for the best economic and social effectiveness.
"A decree in Council of State said the manner in which are determined at the departmental level, and after consultation with the departmental commission for territorial postal presence referred to in article 38 of this Act, the additional rules of accessibility to the network of La Poste in respect of the mission. These rules shall take into account: "-the distance and duration of access to the proximity service in the network of points of contact;
«- the characteristics demographic, social and economic areas concerned and, in particular, their possible classification in areas of rural revitalization or sensitive urban areas mentioned in article 42 of Act No. 95 - 115 of 4 February 1995 supra;
«- the geographical specificities of the departmental territory and the surrounding departments, especially in mountain areas.
'Save in exceptional circumstances, these rules may not allow that more than 10% of the population of a Department is distant more than five kilometres and more than twenty minute car ride, in traffic conditions of the territory concerned, closest points of contact in the post.
«II.-to finance complementary territorial mesh thus defined, it shall be established in a specific account of La Poste, which ensures the accounting and financial management, a postal fund national equalization territorial conditions as a multi-year contract the territorial postal presence between the State, the post office and the national association of mayors, after opinion of the top of the public service Commission more representative of postal and electronic communications. ''
'The resources of the Fund are especially from local tax relief enjoyed by La Poste pursuant to the first paragraph of 3 ° of article I 21.'
«Contact points located in areas of rural revitalization in sensitive urban areas or in the territory of a municipality having concluded with one or several others, in the framework or not a public inter-municipal cooperation institution, a convention of territorial with La Poste presence have increased significantly the amount that they receive in respect of the postal equalization. ''
"A decree issued after the opinion of the higher Committee of the public service of postal and electronic communications specific detailed rules for the application of this II.";
2 ° the current provisions constitute an III.


Article 3 read more on this article...

Article 38 of Act No. 90-568 of 2 July 1990 reads as follows: «art.» 38. - in order to implement a local consultation on evolution of the La Poste network projects, it is created in each Department, a departmental commission for territorial postal presence consisting of elected officials. It meets in the presence of a representative of the State, responsible for ensuring the consistency of its work with that of the departmental Committee of organization and modernisation of public services, and a representative of La Poste, which ensures the secretariat.
"The rules of accessibility to the La Poste network referred to in article 6 are fixed taking account of the opinion of the departmental commission for postal presence territorial. In the Department, taking into account areas of mountain and rural revitalization areas and sensitive urban zones, the departmental commission for postal presence territorial offers a breakdown of the staffing of national postal territorial Equalization Fund defined in that article.
"A decree after notice of the higher Committee of the public service of postal and electronic communications, says the composition, the duties and the rules of functioning of the commission."


Article 4 more on this article...

The fourth paragraph of article 10 of Act No. 90-568 of 2 July 1990 reads as follows: "seven persons chosen because of their skills, including representatives of the national associations of users and a representative of Commons, appointed by Decree."


Article 5 read more on this article...

I. - In title I of book I of the post and electronic communications code, article L. 4 is repealed, chapter II becomes chapter III and articles L. 5 and L. 6 become articles L. 6 and L. 6-1.
II. - In the same title, it is restored a chapter II as follows: ' chapter II ' regulation of activities postal «art»» L. 4. -The Minister responsible for the post prepares and implements the rules applicable to postal services.
"The Ministers responsible positions and economy approve, after public notice of the electronic communications regulatory authority and positions, the rates offered to the press in respect of public transport and the distribution of the press service, and subject to the specific arrangements provided for by this code." The rate structure for these benefits should encourage pluralism, notably that of political and general information.

"The Minister in charge of the posts may request electronic communications regulatory authority and positions to initiate the procedure of sanction laid down in article L. 5 - 3.
«Art.» L. 5. -The electronic communications and postal regulation authority is consulted on bills or regulations relating to postal services.
"At the request of the Minister in charge of the posts, it is associated with the preparation of the French position in this field and participates, under the same conditions, for matters which fall within its competence, to the work of international organizations competent. ''
«Art.» 5-1. -The electronic communications and postal regulation authority is responsible for issuing the authorization requested by the providers mentioned in article L. 3. The authorization is issued for a period of ten years. It is renewable. It is not transferable.
"The authority may deny permission by a reasoned decision based on motifs of disability technical, economic or financial of the applicant to deal sustainably with the obligations attached to its postal activity, in particular the rules referred to in article L. 3 - 2, or that the applicant was the subject of one of the sanctions mentioned in articles L. 5 - 3, L. 17. L. 18 and L. 19. It may not invoke reasons from the safeguarding of public order, the necessities of defence or public safety notice motivated the Minister posts.
"The decision to grant indicates the characteristics of the provision of postal services authorized, the territory on which it can be provided, the procedures for handling claims of users of these services, in the event of loss, theft or non-compliance with service quality standards, including in cases where several providers are involved, as well as the obligations imposed on the licensee to allow the exercise of control of its postal by the regulatory authority for electronic communications and. positions.
"A decree in Council of State said the conditions and detailed rules for the application of this article and including quality of service standards and the conditions of their control.
«Art.» 5-2. -The electronic communications regulatory authority and positions: "1 ° ensure respect, by the universal service provider and by the holders of the authorization provided for in article L. 3, obligations resulting from legislative and regulatory provisions relating to the exercise of universal service and the activities referred to in article L. 3 and decisions taken for the application of these provisions." It punishes the shortcomings noted within the conditions laid down in article L. 5 - 3;
«2 ° is informed by the provider of the universal service of technical conditions and tariff in which the authorization referred to in article L. 3 holders may access the means indispensable to the exercise of postal activity referred to in article L. 3 - 1 and receives communication, to this end, agreements signed in respect of article L. 3-1;
«3 ° decides, after consideration of the proposal by La Poste or, absence of proposals, office after to have informed it, characteristics of multi-year fees for services of the universal service framework, which may if necessary to distinguish items in number shelled mailings, and ensures their respect. '' It approves the rates of benefits falling within the reserved area. The silence kept by the authority for more than one month from the receipt of the complete application is approved; the Authority formulates its opposition in a reasoned decision explaining the particular economic analysis underlying. The authority is informed by the universal service provider, prior to their entry into force and within a time specified by the Decree provided for in article L. 2, rates of non-reserved universal services. It can make its opinion public. The authority shall take account, in its decisions or opinions, the competitive market situation, in particular for the review of the rates of bulk mail;
«4 ° shall ensure respect for the quality of the universal service objectives, fixed by order of the Minister responsible positions according to rules laid down by the Decree provided for in article L. 2; It made annually by an independent body a study of quality of service, which publishes the results;
«5 ° emits a public notice on the economic aspects of the rates referred to in the second paragraph of article L. 4, prior to their approval by the Ministers of posts and the economy;
«6 ° in order to implement the principles of separation and transparency of accounts, in particular to ensure the conditions for funding the universal service, specifies the rules of cost accounting, establishes accounting systems specifications and ensures compliance by the claimant of the USPS, of cost accounting obligations laid down in the planned Decree in article L. 2. Accordingly, within the scope of the universal service, the authority receives communication of the results of audits by the Auditors, without allow him against privilege. It compliance annually, at the expense of the service provider universal by an organization approved by it, competent and independent of the provider of the universal service, the accounts of the provider of the universal service to the rules it has established. It shall ensure publication, by the care of the authorized independent body, of a declaration of conformity;
«7 ° takes into account, in all its opinions and decisions motivated, the financial equilibrium of the universal service obligations, by clarifying its particular economic analyses;
«8 ° recommends to the Minister responsible for positions, if it appears that the universal service cannot be financed by this service provider under fair conditions, all appropriate measures to ensure the provision of this service.
«Art.» 5-3. -The electronic communications regulatory authority and positions may, ex officio or at the request of the Minister in charge of the posts, by a professional, licensed users Association Organization, of a natural or legal person concerned, by the provider of the universal postal service or of the holder of the authorization referred to in article L. 3, sanctions, under the conditions laid down in this article, against the provider of the universal service or of the holder of the authorisation provided for in article L. 3.
«This sanctioning power is exercised under the following conditions: "1 ° breach of the provider of the universal service or of the holder of the authorization referred to in article 3 to a legislative or regulatory provision relating to its activity, the decisions taken to ensure the implementation or the requirements of the title under which he exercises it, the Director of the regulatory authority for electronic communications services and positions puts it formal notice to comply» within a specified timetable; This period may be less than one month unless offence serious and repeated; the authority may make public this formal notice;
«2 ° when the person concerned does not comply within the time specified in a decision taken in application of article L. 5 - 4 or l 5 - 5 the development remains under 1 °, or provides incomplete or erroneous information, electronic communications and postal regulation authority may decide, 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: '-the warning;
"- the reduction of one year of the duration of the authorisation;
«- the suspension of permission for a month at the most;
«- the withdrawal of the authorisation;
"(b) for the universal service provider or a holder of the authorization referred to in article L. 3, if the breach is not constituting a criminal offence, a penalty which the amount is proportionate to the seriousness of the breach, to the situation of the person concerned, to the extent of the damage and the benefits that are derived, but shall not exceed 5% of the total turnover excluding taxes of last year closed This ceiling being raised to 10% in the case of new offence. In the absence of previous activity to determine this ceiling, the amount of the penalty may not exceed EUR 150 000, increased to 375 000 EUR in case of new violations of the same obligation.
"When the universal service provider or a holder of the authorisation provided for in article L. 3 communicate inaccurate information, refuses to provide the requested information or obstructs the progress of the investigation by officials or authorized agents, the regulatory authority for electronic communications and positions can, after update unsuccessful re-offered to the Director of services of the authority pronounce a penalty of an amount which shall not exceed EUR 15 000.
"Sanctions are pronounced after the person concerned has received notification of objections and was able to consult the file and submit its written and oral observations. ''
"The penalties are recovered as the claims of the foreign tax and the field State.
«Electronic communications regulatory authority and positions can be entered to facts dating back to more than three years, if it has been done any act tending to their research, their finding or punishment.

"Sanction decisions are motivated, notified to the person concerned and published in the Official Journal. They may be subject to a recourse of full jurisdiction and an application for suspension presented in accordance with article L. 521 - 1 of the code of administrative justice, before the Council of State.
«Art.» 5-4. -The electronic communications regulatory authority and positions can be captured by one or the other party to a dispute concerning the conclusion or execution of contracts derogating from the General conditions of the offer of the USPS to send correspondence, where this dispute is relative to the rules mentioned in the second paragraph of article L. 2-1. It shall decide within a period of four months after the parties able to submit their comments.
«Art.» 5-5. -In the case of a dispute between the provider of the universal service and an authorisation holder provided in article L. 3 of the conclusion or execution of stipulations technical and tariff of a convention on the access to the resources needed for the exercise of postal activity referred to in article L. 3 - 1, the electronic communications regulatory authority and positions can be captured by one or the other of the parties.
"The communications regulatory authority electronic and posts shall ensure that the technical and tariff conditions offered are transparent and non-discriminatory and do not affect the good realization of the missions of public service of postal items. '' It shall decide within a period of four months after the parties able to submit their comments.
«Art.» 5-6. -The decisions taken by the regulatory authority for electronic communications and posts in application of articles L. 5 - 4 and L. 5 - 5 are motivated and specify, where appropriate, the technical and financial conditions under which benefits must be ensured. The authority shall notify the parties of its decisions and makes them public subject to secrets protected by law.
"It may, before taking its decision, hear anyone whose hearing appeared to be useful.
"She may refuse the disclosure involving business secrets. These pieces are then removed from the folder.
"The decisions taken by the regulatory authority for electronic communications and posts may be, the Court of appeal of Paris, an action for annulment or reversal within a month of their notification. '' The Court of appeal of Paris can also be seized if, at the expiration of the time limit referred to in article L. 5 - 4 or in article L. 5 - 5, the electronic communications and postal regulation authority did not rule.
"The appeal is not suspensive. However, the judge may order the stay of execution of the decision, if the latter is likely to have consequences that manifestly excessive or if it occurred, subsequent to notification, recent developments of an exceptional gravity.
"The appeal in cassation, where appropriate, against the judgment of the Court of appeal is exercised within a period of one month following notification of this decision.
'A decree in Council of State shall determine conditions for the application of this article.
«Art.» 5-7. -The electronic communications regulatory authority and positions can be seised of a request for conciliation by the universal service provider, items of correspondence in many shippers, intermediaries grouping items of correspondence from several clients or holders of the authorisation provided for in article L. 3, to resolve disputes between them, which are not articles L. 5 - 4 and L. 5-5.
«Art.» 5-8. -The president of the electronic communications regulatory authority and positions seized the Council of competition of the abuse of dominant position and practices hampering the free exercise of competition which may have knowledge in the field of postal activities, particularly when a dispute submitted to it pursuant to articles L. 5 - 4 and L. 5-5. When the competition Council is seized as part of an emergency procedure, it shall decide within thirty working days of the date of referral.
"The president of the electronic communications regulatory authority and positions may also seize for opinion the Council of competition from any other matter within its jurisdiction.
"The competition Council shall inform the regulatory authority for electronic communications and posts any referral within the scope of competence and seek his opinion on the practices of which it is seized in the field of postal activities.
"The president of the electronic communications regulatory authority and positions inform the Prosecutor of the Republic of facts which are likely to receive a penalization.
«Art.» 5-9. -Under the conditions laid down in this article, the Minister for post and electronic communications regulatory authority and positions can, in a manner proportionate to the needs related to the fulfilment of their missions, and on the basis of a reasoned decision, collect, from the provider of the universal service and holders of the authorization under article 3, any information or documents needed to ensure compliance by such persons of the legislative or regulatory provisions relating to their activities decisions taken to ensure the implementation of these provisions and the requirements of the title under which these people operate.
"Investigations are conducted by officials and agents of the Ministry of posts and the regulatory authority for electronic communications and posts authorized for that purpose by the Minister responsible positions and sworn under conditions laid down by Decree in Council of State.
"The investigations give rise to minutes. A double is passed in the five days to interested parties.
"The Minister responsible positions or the electronic communications and postal regulation authority means, and ensure what is sworn in the same conditions as noted earlier, any person competent to carry out, if necessary, expertise."
"Officials and staff in charge of the investigation have access to all relevant information held by the providers of postal services or persons engaged in postal. They receive, at their request, the accounting records and invoices, of any part or useful document, take copy and collect, upon invitation or on site, the information and justifications to the accomplishment of their mission.
"They can access to all premises, land and vehicles for professional use, excluding homes and parts of premises serving as home, of these persons, except as authorized by the president of the Court High Court or the magistrate that it delegates to this end. They can access these premises between 6 and 21 hours or during their opening hours if they are open to the public.
"The Minister responsible positions and the president of the electronic communications regulatory authority and positions ensure that is not disclosed the information collected in application of this article when they are protected by a secret referred to in article 6 of Act No. 78-753 of 17 July 1978 on various measures to improve relations between the administration and the public and various administrative provisions. social and fiscal.
«Art.» 5-10. -In order to be able to ensure the delivery of postal items, the provider of the universal service and the authorization provided for in article L. 3 licensees have access, on identical terms and defined by Council of State decree after consultation the authority of regulation of electronic communications and posts, to the special mailbox. «III. - section 2 of chapter I of title I of book I of the code of construction and housing is complemented by a subsection 3 as follows: "sub-section 3" operators of postal services and holders of press access to the special mailbox «Art»» L. 111-6-3. -For the application of article L. 5-10 of the code postal and electronic communications, the owners, or in the case of condominium, the Union represented by the trustee allow the provider of the universal postal service and to the operators holding the authorization provided for in article L. 3 of the same code to access, on identical terms, to the special mailbox.
"Holders and sellers peddlers of press registered with the Board of Governors press courier, acting on behalf of a company press or a portage of press company, holder of the authorization referred to in article L. 3 of code positions and electronic communications, have access to the mailboxes of particular in the same manner as officers responsible for distribution to the home acting on behalf of the operators referred to in the preceding paragraph. '.


Article 6 read more on this article...

3 ° of article L. 311 - 4 of the code of administrative justice provides as follows: '3 ° of article L. 5 - 3 and L. 36 - 11 of the code of posts and electronic communications against sanction decisions taken by the authority of electronic communications and postal regulation;'.


Article 7 read more on this article...


In the last sentence of the second paragraph of article 9 of Act No. 90-568 of 2 July 1990 on the Organization of the public service of the post office and France Telecom, the words: "of the tariffs," shall be deleted.


Article 8 more on this article...

I. - Article 31 of Act No. 90-568 of 2 July 1990 is amended as follows: 1 ° at the beginning of the first sentence of the first subparagraph, the words: "where justified by the specific requirements of the Organization of certain services or the specificity of certain functions," are deleted;
2 ° the first sentence of the last paragraph is supplemented by the words: ', nor those relating to the staff delegates and stewards ";
3 ° the last sentence of the last paragraph is deleted;
4 ° it is supplemented by a paragraph worded as follows: 'a decree in Council of State shall determine the conditions in which officers in the post are represented in instances of consultation to ensure collective interests expression, including for the Organization of services, conditions of work and vocational training. He said in addition, taking into account the objective to harmonise within the post Office representative staff institutions, the conditions in which individual agents of private law representation is ensured, and establishes the rules of protection at least equivalent to those laid down by the code of the work for the staff delegates, which are their representatives. «II. - after article 31-1 of the Act, are inserted two articles 31-2 and 31-3 thus written: «art.» 31-2.-shall be established in breast of La Poste, a panel discussion on the strategy, aiming to inform unions in the perspective of evolution of La Poste, and collect their analyses on the strategic direction of the group.
"It is also imposed a commission of social dialogue to ensure consultation with trade union organizations on the Organization of national projects or on topical issues, as well as inform.
"The post looking through negotiation and consultation agreements with unions in all social fields resulting from postal activity. Instances of consultation and negotiation are established for this purpose at national level and at the territorial level, after consultation with the representative trade unions.
"These instances follow the implementation of the signed agreements. A national conciliation committee is responsible to promote the amicable settlement of disputes.
«Art.» 31-3.-titles III and IV of book II of the labour code apply to all staff at the post office, subject to the adjustments specified by a decree in Council of State, taking account of the special provisions relating to civil servants and employment of contract staff. ' Article 9 more on this article...

It is inserted after the third paragraph of article 32 of Act No. 90-568 of 2 July 1990, a paragraph worded as follows: "the provisions of chapters III and IV of title IV of book IV of the labour code are applicable to all the personnel of the public operator, including those referred to in articles 29 and 44 of the Act. The modalities of implementation of these provisions shall be determined in accordance with the plan of the public operator. ' Article 10 more on this article...

Article L. 6 of the post and electronic communications code reads as follows: «art.» 6. -The universal service provider and holders of the authorisation provided for in article L. 3 shall communicate to the judicial authorities which apply in criminal matters and the IRS home changes which they have knowledge. ' Article 11 more on this article...

Title VIII of book I of the post and electronic communications code is amended as follows: 1 ° article L. 17 reads as follows: «art.» 17. -Shall be punished by a fine of EUR 50 000 the fact: "1 ° to provide postal services which, in application of article L. 2, reserved to the post office;
«2 ° to provide services for an item of correspondence in violation of the provisions of article L. 3, or a decision to suspend the authorisation granted under article L. 3. ';
2 ° article L. 18 reads as follows: «art.» L. 18. -The physical perpetrators of one of the offences defined in article L. 17 incur the following additional penalties: «a) the prohibition, for a period of one year at most, to exercise the professional or social activity in the exercise of which or on the occasion of which the offence was committed;
«b) the forfeiture of the thing that has been used or was intended to commit the offence or the thing that is the product, with the exception of objects of refund in accordance with article 131-21 of the criminal code;
'c) closure, for a period of one year at most, institutions or one or several of the establishments of the undertaking used to commit the incriminating acts;
'(d) display or dissemination of the decision, under the conditions provided for in article 131-35 of the same code.';
3 ° article L. 19 reads as follows: «art.» 19. -Legal persons may be declared criminally responsible for one of the offences defined in article L. 17 under the conditions laid down in article 121-2 of the penal code and are liable to the fine provided for in article 131-38 of the code.
"The perpetrators of one of the offences defined in article L. 17 incur additional penalties mentioned in 2 °, 3 °, 4 °, 5 °, 8 ° and 9 ° of article 131-39 of the criminal code; the prohibition mentioned in 2 of the same article relates to activity in the exercise or on the occasion of the exercise of which the offence was committed. » ;
4 ° article L. 20 reads as follows: «art.» 20. -I. - in addition to the officers and agents of the judicial police acting in accordance with the provisions of the code of criminal procedure, officials and agents referred to in article L. 5-9 can look up and see minutes offences under the provisions of this title.
"To seek and find violations, officials and other servants referred to in article L. 5-9 can access premises, land or commercial vehicles, requesting the communication of all business records and take copies, collect, upon invitation or on site, all information and justifications." These officials and agents cannot access premises between 6 and 21 hours or during their opening hours if they are open to the public.
"II. the officials and other servants referred to in article L. 5-9 can carry out the visits provided for in this article and the seizure of material and documents on judicial authorization given by order of the president of the Court of major jurisdiction in the area in which are located the material, or a judge delegated by him."
"When these sites are located within the jurisdiction of several courts and simultaneous action must be carried out in each of them, a single order may be issued by one of the competent presidents.
"The judge verifies that the application for authorization submitted is based and contains all the elements of information that would justify the visit.
"The visit and the seizure shall be under the authority and control of the judge who has authorised. The judge refers to one or more police officers to attend these operations and to keep it informed of their progress. He can go to the premises during the operation, which it may at any time decide the suspension or discontinuation. When the intervention takes place outside the jurisdiction of the High Court, delivered a letter rogatory to exercise this control to the president of High Court in whose jurisdiction the visit occurs.
'Order is notified verbally and on-site at the time of the visit to the occupier of the premises or its representative who receives full copy against receipt or acquittance to the minutes. In the absence of the occupier of the premises or his representative, the order is notified after the visit, by registered letter with acknowledgement of receipt. The notification is deemed to be made on the date of receipt on the notice.
"The Ordinance is likely by an appeal in cassation according to the rules laid down in the code of criminal procedure. This appeal is not suspensive.
'III. - visit is carried out in the presence of the occupier of the premises or his representative. If possible, the judicial police officer requires two witnesses selected outside persons under his authority or administration positions.
"Investigators, the occupant places or his representative as well as the judicial police officer may only take cognizance of the parts and documents prior to their entry. ''
"The inventories and put under seal are made in accordance with article 56 of the code of criminal procedure. The original of the minutes and inventory are forwarded to the judge who ordered the visit. However, the matches whose conservation is not useful to the manifestation of the truth are delivered after inventory, to the provider of the universal service which ensures the distribution.
«The visits or seizures may subject, within a period of two months which runs from the notification of the order with authorization them, appealed to the judge who issued the order.»

"The judge pronounces on this appeal by an order which is likely by an appeal in cassation according to the rules laid down in the code of criminal procedure. This appeal is not suspensive. » ;
5 ° article L. 28 reads as follows: «art.» 28. -For the application of the provisions of the present book, the Minister in charge of post or its representative may, before the criminal courts, submit submissions and develop orally at the hearing. » ;
6 ° article L. 29 reads as follows: «art.» 29. -Insert in a mailing of materials or objects prohibited by the universal postal convention is punishable by a fine of 15,000.
' The physical perpetrators of the offence provided for in this article incur additional penalties mentioned in a and b of article L. 18. '
«Legal persons guilty of an offence under this article incur additional penalties mentioned in 8 ° and 9 ° of article 131-39 of the criminal code.»


Article 12 read more on this article...

I. - Articles L. 15, L. 16, L. 21 L. 25, L. 27 and 36 of the same code are repealed.
II. - Article 30 of the code reads as follows: «art.» 30. -When asked by customs or indirect contributions services, the provider of the universal service and the authorization provided for in article L. 3 holders require the opening, by the recipient, the items of correspondence from all sources, alleged contain products either subjected to internal traffic formalities, customs dutiable stricken prohibition. "III. - in article L. 31 of the same code, the reference: 'L. 627 of the code of public health' is replaced by: '222-36 of the penal code.
IV. - Articles L. 36 - 1, L. 36 - 2, L. 36 - 3, L. 36 - 4, 36 - 12 and L. 36 - 14 of the code respectively become articles L. 130, L. 131, L. 132, L. 133, L. 134 and 135 of the same code.
V. - in the second sentence of the sixth paragraph of article 125 of the code, the words: "public electronic communications service" are replaced by the words: "public postal service and electronic communications.
VI. - Article 126 of the code reads as follows: «art.» 126. -The prescription is acquired for the benefit of the provider of the universal service and holders of the authorisation laid down in article L. 3 for any claim for restitution of the price of their services made after a period of one year from the day of payment.
"The prescription is acquired for the benefit of the user for sums due in payment of benefits to the provider of the universal service and holders of the authorisation provided for in article L. 3 when they have not claimed them within a period of one year from the due date."
VII. - The first paragraph of article L. 131 of the code reads as follows: "the member function of the electronic communications and postal regulation authority is incompatible with any occupation, any national elective mandate, any other public employment and any direct or indirect holding, business interests of the postal or electronic communications sectors audiovisual or informatics. Members of the electronic communications regulatory authority and positions cannot be members of the higher Committee of the public service of postal and electronic communications. "VIII. - article L. 131 of the same code is supplemented by a paragraph worded as follows:"when it is occupied by an employee, Member of the Authority's permanent employment is pensionable employment to pension in respect of the civil and military retirement pensions code. "IX. - in the second paragraph of article L. 133 of the same code, the words: 'the Authority proposes to the Minister in charge of electronic communications' are replaced by the words:"the authority is proposing to competent Ministers.
X. - Article 135 of the code is amended as follows: 1 ° in the first sentence of the first subparagraph, the words: "legislation and regulations relating to electronic communications" shall be replaced by the words: "of the legislation and regulations relating to electronic communications and postal activities ';
2 ° in the second sentence of the first subparagraph, the words: 'electronic communications regulatory authorities' shall be replaced by the words: "electronic communications regulatory authorities and positions."
3 ° in the last sentence of the first subparagraph, the words: "the developments in the sector of electronic communications" shall be replaced by the words: "the developments in the sector of electronic communications and postal";
4 ° at the end of the first sentence of the third paragraph, the words: 'information on the sector of electronic communications' are replaced by the words: "information on the electronic communications sector and positions."
5 ° the last sentence of the third paragraph reads as follows: "to this end, the universal postal service provider, holders of the authorisation provided for in article L. 3, having made the declaration provided for in article L. 33 - 1 are required to provide statistical information on the use, coverage area and the modalities for accessing their service. '' Ministers are kept informed of the results of this work. ' Article 13 more on this article...

I. - Article 130 of the code is amended as follows: 1 ° the first paragraph reads as follows: "electronic communications regulatory authority and positions is composed of seven members appointed because of their qualification economic, legal and technical, in the fields of electronic communications, posts and the economy of the territories for a term of six years. Three members, including the Chairman, are appointed by Decree. Two members are appointed by the President of the National Assembly and two by the President of the Senate. » ;
2 ° in the first sentence of the fourth paragraph, the word: 'three' is replaced by: "five";
3 ° the sixth subparagraph is deleted;
4 ° in the second sentence of the seventh paragraph, the words: "one or the other of the two paragraphs" are replaced by the words: "of the paragraph.
II. - The members of the authority referred to in article 130 of the code of posts and electronic communications that are in office on the date of publication of this Act shall hold office until its completion.
III. - Since the publication of this Act, the President of the National Assembly and the President of the Senate each appoint one additional member of the regulatory authority for electronic communications and posts, for a term of six years extended until December 31 of the last year of this mandate.


Article 14 read more on this article...

In all laws and regulations, the words: "Telecommunications regulatory authority" shall be replaced by the words: "electronic communications regulatory authority and positions."


Article 15 read more on this article...

After article L. 2 of the post and electronic communications code, it is inserted an article L. 2 - 2 worded as follows: «art.» 2-2. -I. - is hereby established, under the conditions of implementation laid down in the II and III, a universal postal service compensation fund.
"The Caisse de Dépôts et consignations ensures the accounting and financial management of the Fund in a specific account. Exposed by the Fund management fees are charged to the Fund.
«The contribution of each postal service provider licensee of the authorisation provided for in article L. 3 is calculated in proportion to its turnover within the scope of the universal service defined in article L. 1, excluding that directed the activities of transport and distribution of press or in respect of the services carried out or invoiced in the field of the USPS on behalf of third-party operators.» Any claimant whose turnover thus defined is less than an amount fixed by Decree is exempted from contribution to the compensation fund.
"The amount of the net contributions of the universal service provider or holding the authorization provided for in article L 3 providers pay or receive is determined by the regulatory authority for electronic communications and posts. These contributions are recovered by the Caisse des Dépôts et consignations in the manner provided for the claims of this institution.
"If an operator fails, the electronic communications regulatory authority and positions pronounces one of the penalties provided for in article L. 5 - 3. If new fails, it can withdraw the authorization. If money owed is not collected within a period of one year, they shall be counted against the Fund during the next fiscal year.
"II. - a decree in Council of State after the opinion of the authority of regulation of electronic communications and posts and the High Commission for the public service of postal and electronic communications, says the methods of assessment, compensation and sharing of the net costs of universal service obligations.

"III.-a decree after public notice of the electronic communications regulatory authority and positions on a request of the provider of the universal service establishing, on the basis of the accounting data referred to the 6 ° of article L. 5 - 2, it supports an unfair financial burden due to its universal service obligations, fixed the first year in respect of which the net contributions to the Fund to compensate for the universal postal service are recovered. ''


Article 16 read more on this article...

I - 1. Article 2 of Act No. 90-568 of 2 July 1990 reads as follows: «art.» 2 - la Poste and its subsidiaries are a public group which carries out missions of general interest under the conditions defined in the texts governing each of its areas of activity, and competitive activities.
"The position ensures, in domestic and international relations public service of postal items, which includes the universal postal service and including public service transportation and the distribution of the press with the specific arrangements provided by the post and electronic communications code. It is also, in respect of the competition rules, any other service of collection, sorting, transport and delivery of postal items of mail in all its forms, objects and goods.
«Financial operates under the conditions laid down in article L. 518 - 25 of the monetary and financial code. ''
2. the monetary and financial code is amended as follows: a) article L. 518 - 25 reads as follows: «art.» 518-25. -In the fields of banking, financial and insurance, the post office offers products and services to the largest number, including the libretto.
"To this end, and subject, where appropriate, the activities exercised by it directly in application of the texts that govern, the La Poste post creates, in the conditions defined by the applicable law, any subsidiary having the status of credit institution, business investment or insurance business and takes any participation in such institutions or undertakings directly or indirectly.". It may enter into with these institutions or enterprises any agreement to provide, in their name and for their account and respect for competition rules, any benefit contributing to the attainment of their objects, including any provision relating to the operations provided for in articles L. 311 - 1, L. 311 - 2, L. 321 - 1 and L. 321 - 2 or 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 Livret A deposits under the conditions defined in articles L. 221 - 1 and following, without prejudice to the provisions to savings ordinary", and the words:" in the context of the tasks defined in article L. 518 - 25» shall be deleted;
(c) the same article is supplemented by a paragraph worded as follows: "The national savings fund is managed on behalf of the State by a credit institution which La Poste owns the majority of the capital, in conditions determined by an agreement between the State, the post office and hotel."
II. - 1. Mail transfer to a subsidiary authorised as a credit institution under the conditions defined in article L. 511 - 10 code monetary and financial and subject to the provisions of title I of book V of the code, all the assets, rights and obligations of any nature related to financial services, including investments, with the exception, if any , those necessary to the activities exercised by it directly. The position holds the majority of the capital of that credit institution.
Within this framework, La Poste transfers completeness of accounts and books of any kind open in his books, as well as the assets, rights and obligations related to hotel. Postal giro accounts, whose name can be maintained, are governed by the monetary and financial code by articles L. 312 - 1 and following from this transfer.
2. subject to the rules of the Livret A, the credit mentioned in 1 institution carries on its own account all activities previously carried out in respect of the national savings bank, under the conditions defined in the texts governing each of these activities. To this end, and without prejudice to specific rules of centralization, the property, rights and obligations related to the accounts, books and contracts of any kind opened or concluded by La Poste in respect of the National Fund of savings, including those required for compliance with the rules of coverage risks and prudential settlements of credit obligations, are transferred to this establishment on the date of the transfer mentioned in the 1. From this date, with the exception of the Livret A deposits, the national savings bank receives more no deposit. From the date of the transfer provided for in 1, the Caisse des Dépôts et consignations is unloaded from any responsibility because of the management, on behalf of the State, property, rights and obligations transferred.
For a period which may not exceed two years from the publication of this Act, funds accounts, booklets and contracts transferred in application of the preceding paragraph are guaranteed in article L. 518 - 26 of the monetary and financial code under conditions defined by an agreement concluded between the State and the establishment of credit mentioned in the 1.
3. as from the date of the planned transfer to 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 establishment of credit mentioned in 1 provides, on behalf of the State, the management of the national savings.
4. targeted transfers aux 1 and 2 are made of right and without any need for any formality notwithstanding any contrary provision or stipulation. They cause the effect of a universal transmission of heritage as well as the transfer of right and without formality of the accessories of the assigned receivables and personal and real collateral guaranteeing them. Transfer of contracts running, regardless of their legal qualification, concluded by the post office as part of its financial services, including the management of the national savings fund, or concluded by the Caisse des Dépôts et consignations, is such as to justify their termination or modification of one any of their clauses or where appropriate, the early repayment of the debts that are the object. Similarly, these transfers are such as to justify the termination or modification of any other agreement entered into by La Poste or corporations related to it within the meaning of articles L. 233 - 1 to L. 233 - 4 of the code de commerce. By themselves, these transfers cause transfer of no contract of employment.
5. the operations referred to in the present II do not give rise to the collection of duties, taxes or charges of any kind whatsoever.
6. detailed rules for the application of this article, including the conditions in which the goods, rights and obligations referred to in 2 are transferred to the establishment of credit mentioned in the 1 through the post office, are specified by Decree in Council of State, taken after notice of the commission's monitoring of the Caisse des dépôts and consignations.
7. no later than within two years following the transfer provided for in 1, the Court stated accounts prepare a report on the creation of the credit institution referred to 1, on its operation and on the relationship of any kind between the credit institution and the other companies of the group La Poste. This report is forwarded to the Parliament.
III. - 1. The position and the establishment of credit mentioned in the 1 of II conclude one or more agreements within the meaning of the second paragraph of article L. 518 - 25 of the monetary and financial code to determine the conditions in which hotel uses, for the attainment of its objects, means of La Poste, notably to its staff. These conventions including determine conditions under which holders of accounts or passbooks open at that institution may proceed to any withdrawal or deposit with the post office.
2. officials in activity at the post may, with their agreement, be made available, where appropriate part-time, the credit institution mentioned in 1 II and companies which it owns directly or indirectly the majority of the share capital for a maximum duration of 15 years. These companies reimburse to the position corresponding charges. Officials thus made available may, at any time, seek their redeployment in the services of La Poste.
IV. - 1. In article L. 221 - 10 of the monetary and financial code, the words: 'La Poste' are replaced by the words: "credit institution referred to in article L. 518 - 26» and the words:"or on whose behalf"and", in one of his establishments ' are deleted.
2. in the first paragraph of article L. 518 - 1 of the code, the words: 'the financial services of the post office' are replaced by the words: "La Poste, under the conditions defined in article L. 518 - 25. In the last paragraph of the same article, the words: "financial services of the post office" are replaced by the words: "to the post office, under the conditions defined in article L. 518 - 25. In 2 ° of article L. 564 - 3 of the same code, the words: 'the financial services of the post office' are replaced by the words: "La Poste".
3. has) the monetary and financial code is amended as follows:

-in the first paragraph of article L. 133-- 1 and in the third paragraph of article L. 141 8, the words: 'the financial services of the post office,' shall be deleted;
-in the first and third paragraphs of article L. 312 - 1, the words: "La Poste financial or ' shall be deleted;
-in the second paragraph of the same article, the words: "financial post, be those" shall be deleted;
-in the first paragraph of article L. 221 - 18, the words: "of the financial services of the post office,' shall be deleted;
(b) in the second paragraph of article L. 333 - 4 of the code of consumption, the words: "as well as the financial post services' are deleted. In the last paragraph of the same article, the words: "to the Bank of France, to credit institutions and financial services of the post office" are replaced by the words: "the Bank of 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 the post office" shall be deleted;
(d) in article 1 of Act No. 87-416 of 17 June 1987 on savings, the words: "financial services of the post office" are deleted.
4. the references to the 'financial services of the post office' are deleted in the whole of the regulations in force.
5. in article L. 315 - 3 of the code of construction and housing, the words: "the national savings and" are deleted.
6. in article 1 of Act No. 92-666 of 16 July 1992 the savings into shares, the words: ", La Poste» are deleted.
7. the last paragraph of article 15 of Act No. 90-568 of 2 July 1990 as well as the two last paragraphs of article 16 of this Act shall be deleted.
8. has) are hereby repealed:-the book III of the code of posts 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 and financial code, the reference: "L. 131 - 88 ' is replaced by the reference:" L. 131 - 87.
9. a) Chapter I of title III of book I of the monetary and financial code is entitled: 'The banking and postal cheque' and sections 1 and 12 of section 1 of this chapter are sections 1 to 12;
(b) in articles L. 131 - 1 and L. 131 - 85 of the same code, the words: 'this section' shall be 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: ' this section' shall be replaced by the words: 'in this chapter.
V. - 1. Until maturity, investments made in accordance with the provisions of article 15 of law No 90 - 568 of 2 July 1990 supra in the version in force until the date of publication of this Act remain governed by these provisions.
2. the provisions of the I-IV come into force on the date of the transfer provided for in 1 II.


Article 17 read more on this article...

Persons or entities offering at the date of the entry into force of article 5, on a regular basis of the provision of services referred to in article L. 3 of the post and electronic communications code may continue to operate provided they expected permission that 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.


Article 18 read more on this article...

Section 5 of this Act shall enter into force as of the first day of the sixth month following its promulgation, with the exception of the new article 5 of the code of postal and electronic communications, which will enter into force on the publication of this Act.


Article 19 more on this article...

I. - L. s.7 of the post and electronic communications code reads as follows: «art.» 7. -Providers of postal services within the meaning of article L. 1 is liable under the conditions provided for by articles 1134 et seq. and 1382 et seq. of the civil code for the loss and damage that occurred during the delivery.
"However, this responsibility takes into account the characteristics of shipments and postage rates on terms laid down by Decree in Council of State which determines compensation ceilings."
II. Article 8 of the code reads as follows: «art.» 8. -For direct damages caused by the delay in the distribution of a mailing, the providers of postal services within the meaning of article L. 1 is liable under the conditions provided for by articles 1134 et seq. and 1382 et seq. of the civil code, if the claimant agreed engagement in the delivery of this mailing time.
"However, this responsibility takes into account the characteristics of shipments and postage rates on terms laid down by Decree in Council of State which determines compensation ceilings."
III. Article 9 of the code reads as follows: «art.» 9. -By means of marking, labelling, display or by any other appropriate visible process, postal service providers shall inform the users of postal items on the rates, the potential of contractual liability limitations, the period of one year during which all claims are admissible and the special conditions of the sale, on terms laid down by order of the Minister responsible for the economy and the Minister responsible positions , after consultation with the national Consumer Council. «IV. - article 10 of the code reads as follows: «art.» 10. -Liability actions for damage, loss or delays incurred in respect of articles L. 7 and L. 8 are prescribed within a period of one year from the day of filing of the submission. "V. - articles L. 11-l 13 - 1 of the code are repealed.
VI. - The heading of title III of book I of the penal code reads as follows: "liability Regime applicable to postal services.


Article 20 more on this article...

Article 14 of the code is repealed.


Section 21 read more on this article...

Article 26 of the code reads as follows: «art.» 26. -Any fraudulent misrepresentation of different values of the value actually inserted into a mailing is punishable by one year imprisonment and of EUR 3 750 to fine. "Article 22 more on this article...

In the third (2nd) paragraph of article 1 of law No. 83-629 12 July 1983 regulating the activities of private security, the words: «money, jewelry» are replaced by the words: 'of jewelry worth at least EUR 100 000, funds, except for employees of the post office or credit institutions authorized by their employer. when their amount is less than €5 335.


Section 23 read more on this article...

The last sentence of the first paragraph of article L. 541-10-1 of the environment code reads as follows: "However, are excluded from this contribution provision to the public of information by a public service, when it results solely as an obligation arising out of an act or a regulation, or by a press publication, within the meaning of article 1 of Act No. 86-897 from August 1, 1986, on the reform of the legal regime of the press. , and delivery of items of correspondence within the meaning of article L. 1 of the code of posts and electronic communications. ' Article 24 more on this article...

After the words: "gains and remuneration paid by», the end of the first paragraph of II of section L. 241 - 13 of the code of social security is as follows:" individual employers and, until December 31, 2005, by the body referred to in article 2 of Act No. 90-568 of 2 July 1990 on the Organization of the public service of La Poste and France Télécom.»


Article 25 more on this article...

I. - Act No. 90-568 of 2 July 1990 is amended: 1 ° in the last paragraph of article 6 and the second subparagraph of article 7, the words: 'its specifications' are replaced by the words: "Decree in Council of State."
2 ° article 8 reads as follows: «art.» 8. - the general framework of management of the activities of the public operator is fixed by Decree in Council of State.
«A decree in Council of State also establishes guarantees of a fair remuneration for the benefit of public service that assures the public operator, including benefits of transport and distribution of press.»;
3 ° article 23 is amended as follows: a) in the second paragraph, the words: 'obligations of its specifications' are replaced by the words: "of its legislative and regulatory obligations.
(b) the last paragraph reads as follows: 'the terms and conditions of the opposition mentioned in the second subparagraph shall be established by Decree in Council of State.';
4 ° in article 27, the words: 'referred in this matter by the specifications' are replaced by the words: "regulatory specifying its rights and obligations."
5 ° the last paragraph of article 33 reads as follows: 'the terms of the control of the evolution of the overall contribution of the public operator to the financing of social activities shall be established by Decree in Council of State.';
6 ° the first sentence of the second paragraph of article 34 reads as follows: "He is preparing the plan of the public operator contract and ensures compliance with its provisions."

II. - in article L 1334-1 of the code of the defence, the words: 'articles 5 and 8' are replaced by the words: 'article 5 '.


Article 26 more on this article...

Effective July 1, 2006, a Joint Committee comprised of delegates from representative at the national level trade unions of employees and employers, convened the first time by a joint order of the Minister in charge of posts and the Minister in charge of labour which shall set the initial composition, interim operating rules and the first order of the day, will meet to negotiate a collective agreement applicable to the employees officials of La Poste and to those of incumbent of the authorization referred to in article L. 3 of the post and electronic communications code.
This collective agreement sets out the conditions under which employers shall ensure compliance by employees of the professional secrecy obligations imposed on the b and c of article L. 3 - 2 of the same code. These obligations and the terms of their compliance are listed in the internal regulations of enterprises subject to the collective agreement.


Article 27 more on this article...

The post and electronic communications code is amended as follows: 1 ° title III of book I becomes chapter IV of title I of book I.
2 ° in book I, divisions and headings: "Title VI. -Postal delivery', 'chapter I:. -Door-to-door delivery', 'chapter II. -Distribution at the counter', ' title VII '. -Maritime position» shall be deleted;
3 ° title VIII of book I shall become 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: 'Prescription', which includes articles L. 10 and 11;
6 ° book IV becomes Book III from the transfer mentioned in 1 II of article 16 and includes a title I entitled 'Common provisions' and a title II containing the 'Final provisions' title already contained in this book, and comprising articles L. 128 and L. 129, who respectively become articles L. 140 and L. 141. Title I includes articles L. 125 and L. L. 135 130.


Article 28 more on this article...

The transfer mentioned in 1 II of article 16 occurs no later than January 1, 2006.
This Act will be enforced as law of the State.


Done at Paris, on 20 May 2005.
Jacques Chirac by the President of the Republic: Premier Jean-Pierre Raffarin the keeper of the seals, Minister of justice, Dominique Perben the Minister of economy, finance and industry Thierry Breton Minister delegate for industry, Patrick Devedjian (1) Law 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 the quality of service;
Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending directive 97/67/EC with regard to the further opening to competition of Community postal services.
-Preparatory work: Senate: Bill No. 410 (2002-2003);
Report of Mr. Pierre Hérisson, on behalf of the commission of laws, no. 162 (2003-2004);
Opinion of 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, passed by the Senate, no. 1384;
Report of Mr. Jean Proriol, on behalf of the Economic Affairs, no. 1988;
Discussion 18 to 20 January 2005 and adopted on 20 January 2005.
Senate: Bill, amended by the National Assembly, no. 149 (2004-2005);
Report of Mr. 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 in second reading, no. 2157;
Report of Mr. Jean Proriol, on behalf of the Economic Affairs, no. 2229;
Discussion on 12 and 14 April 2005 and adopted on 3 May 2005.
Senate: Bill, amended by the National Assembly second reading, no. 312 (2004-2005);
Report of Mr. Pierre Hérisson, on behalf of the joint mixed commission, no. 327 (2004-2005);
Discussion and adoption on 12 May 2005.
National Assembly: report of Mr. Jean Proriol, on behalf of the joint mixed commission, no. 2297;
Discussion and adoption on 12 May 2005.

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