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Decision No. 2008 - 0180 On February 19, 2008 On The Information Provided By The Post Office, In Application Of Article R. 1 - 1 - 16 Of The Code Of Posts And Electronic Communications

Original Language Title: Décision n° 2008-0180 du 19 février 2008 relative aux informations communiquées par La Poste, en application de l'article R. 1-1-16 du code des postes et des communications électroniques

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JORF no.0075 of 29 March 2008
text No. 26



Decision No. 2008-0180 of 19 February 2008 on information provided by La Poste pursuant to Article R. 1-1-16 of the Post and Electronic Communications Code

NOR: ARTR0800012S ELI: Not available


The Autorité de régulation des communications électronique et des postes,
Having regard to the amended Postal Directive 97/67/EC of the European Parliament and the Council of 15 December 1997 on common rules for the development of the Community's domestic market for postal services and the improvement of the quality of service, including articles 14 and 15;
Having regard to 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 continuation of openness to competition of the Community's postal services;
Considering the code of electronic posts and communications, including articles L. 1, L. 2, L. 5-2 (1°) and (4°) and R. 1 to R. 1-1-18;
After deliberating on 19 February 2008,



1. The regulatory framework


The general principles of universal service:
According to Article L. 2 of the Post and Electronic Communications Code (hereinafter CPCE), "The Post is the provider of the Universal Postal Service (...)". The universal service is a basic service including offers of national and cross-border services of postal shipments of a weight less than or equal to two kilograms, postal parcels up to 20 kilograms, recommended shipments and declared shipments. These benefits must meet a set of general features specific to the universal service that are described in articles L. 1 and L. 2 of the CPCE and in the texts taken for their application.
The fourth paragraph of Article L. 1 of the CPCE states that "the universal postal service contributes to the social cohesion and balanced development of the territory. It is ensured in accordance with the principles of equality, continuity and adaptability by seeking the best economic and social efficiency. It guarantees to all users, permanently and throughout the national territory, postal services that meet specific quality standards. These services are offered at affordable prices for all users".
Article L. 2 of the CPCE states that "The Post is the provider of the universal postal service. As part of the services under this service, it is subject to service quality obligations, accessibility to these services, processing of user claims and, for specific benefits, compensation in the event of loss, theft, deterioration or non-compliance with service quality commitments (...)".
The communication by La Poste to the Authority of information relating to the exercise of the universal service:
The Electronic Communications and Post Control Authority is responsible for ensuring the provision of the universal postal service. Pursuant to Article L. 5-2 (1°) of the Post and Electronic Communications Code, it "ensure the fulfilment by the provider of the universal service (...) of the obligations resulting from the legislative and regulatory provisions relating to the exercise of the universal service (...). It punishes the breaches (...)".
In particular, the Autorité ensures that the quality of the services is satisfactory. Indeed, Article L. 5-2 (4°) of the CPCE states that the Authority "ensure to respect the quality objectives of the universal service, set by order of the minister responsible for the posts in accordance with the terms established by the decree provided for in Article L. 2; it conducts an annual quality of service study by an independent organization, which publishes the results; (...).
In addition, the Authority is responsible for monitoring the evolutions of the catalogue of universal service.
Indeed, in accordance with the provisions of Article R. 1-1-10 of the CCCB, "The Position shall establish and maintain the catalogue of benefits under the universal service and the reserved area and the tariffs in force. The Post simultaneously transmits to the Minister for Posts and to the Electronic Communications and Posts Regulatory Authority its proposals for substantial amendments to the catalogue, other than tariffs, which are aimed at services under the universal service on emigrated shipments. The Authority for the regulation of electronic communications and posts has a period of one month following the receipt of the document to issue its opinion and transmit it to the minister responsible for the posts (...)".
For the exercise of its monitoring mission of the universal service, the Authority must have sufficient and appropriate information on the universal service offering that reflects the uses and allows to monitor their evolutions.
The provisions of Article R. 1-1-16 of the CPCE state, in particular, that "The Post provides the information that the Autorité de régulation des communications électronique et des postes requests for the performance of its missions and the exercise of its control of the universal postal service. The requests of the Authority are motivated and proportionate to its needs; they specify the level of detail of the response and the deadlines for producing it.
The Post addresses annually to the Electronic Communications and Post Regulatory Authority a review of the universal service it has offered. It shall transmit a copy to the Minister responsible for posts. »


2. The method followed by the Authority


In accordance with the provisions of article R. 1-1-16 referred to above, this decision is intended to clarify the information that the Authority requests for the performance of its missions and the exercise of its control of the universal postal service.
The requested information has been discussed with La Poste on the availability or feasibility of the required indicators.
Two categories of information are distinguished (1), those requested once that give the initial photograph of the offer and uses of the universal service and (2) those that are the subject of an annual return by La Poste to allow the Authority to exercise its control.
The information that La Poste will need to communicate only the first year is detailed in annex 1 to this decision, whereas the information that will be provided to the Authority annually is detailed in annex 2.
This decision must allow La Poste to organize, from a stable and formalized framework, the centralization of information that may, for some, exist at present only at a local level.
The Autorité invites La Poste to improve its monitoring tools for the exercise of its universal service obligations (e.g., regarding distribution), where appropriate, to undertake a reflection on their development, in consultation with the services of the Authority.

(1) These are structural information, a priori little subject to evolution. They relate to the supply and use of universal service as well as the methodology for measuring accessibility to universal service services, from the contact points network. This information is only requested once and will be provided in 2008. (2) The information to be updated each year is more subject to change and therefore requires regular monitoring. This information concerns uses that may evolve, monitoring the exercise of universal service obligations and the reasons for claims filed by users.



3. Information requested only the first year for an overview
the provision and use of universal service benefits
3.1. Information on uses


Structure information on the uses of the universal postal service:
In her Opinion No. 2007-0377 of 26 April 2007 Conformity of the Universal Service and Sector Benefits Catalogue Decree No. 2007-29 of 5 January 2007 concerning the universal postal service and the rights and obligations of La Poste, the Autorité has mentioned in particular the particular importance of the universal service for the needs of the mail users issued to the so-called egregated unit. Households and businesses, in particular SMEs, can enter into significant postal spending on their budget without having a negotiating power with La Poste. This is why the AMF's requests for information focus on the egregated products listed in the universal service catalogue (Letter Priority and Recommended, Ecopli, Colissimo Guichet and Colissimo Recommended for Guichet, a national declared value, international shipments under universal service).
The AMF also conducted a study by TNS-Sofres at the end of 2005 on the expectations of egregated mail users and their usage practices to determine, among other things, the characteristics of the universal service to which users attach the most importance.
For each of the egregated mail products and services sold individually that are listed in the catalogue of the universal service, structure information on the use of the products of the universal service is thus requested to enable the Authority to follow its uses.
For this purpose, La Poste will transmit to the Authority for the years 2006 and 2007, the following information:
― evolution of the average and the standard deviation of the weight of different types of postage;
― the types of users (households/businesses and professionals) for different types of postal shipments;
- the importance of the traffic of the main types of shipments to and from overseas departments and the corresponding business figures;
– a matrix of the main flow of mail between France and Europe.


3.2. Information on the methodology for measuring accessibility to benefits
from the contact points network


In accordance with the provisions of Article R. 1-1 of the CPCE, "... universal service services are accessible to users.
In particular, points of contact with the public giving access to the benefits of the universal service other than the number of consignments and information on these benefits must allow at least 99% of the national population and at least 95% of the population of each department to be less than 10 kilometres from a point of contact and that all municipalities with more than 10,000 inhabitants have at least one point of contact per 20,000 inhabitants. »
Monitoring this universal service obligation requires reliable methods to assess accessibility to points of contact. It is also necessary to ensure that these methods are properly applied. It is therefore essential that La Poste communicate to the Authority the means and methods used to this effect.
The information provided by La Poste will have to explain how and how The Post measures accessibility to points of contact, according to the national criterion, the departmental criterion as well as for municipalities of more than 10,000 inhabitants.


4. Information provided annually by La Poste
4.1. Information on uses


The associated benefits including a universal postal service benefit:
The Post markets a number of complementary services (packaging, integrated insurance and follow-up) that are associated with a universal service offering, or offer a service close to a universal service delivery.
The Autorité notes that the rise in the range of certain services that are substituted for the universal service offer and reflecting the evolution of consumption patterns can change the needs of users. The use of the package is, for example, likely to evolve, due to the fact, in particular, the development of trade between individuals on the internet.
To date, the Autorité requests information on the use of the following benefits:
For the "Priorary Letter" emulated:
– the “Pat-to-Poster”;
– the “Pat-to-Poster Prestige France”;
― the Post-Book;
― the "Distingo Suivi".
For the "International Priority Letter":
– the “Pat-to-Poster Prestige World”;
– the Postexport Premier;
– the Postexport.
For the "Recommended Letter":
– the “Electronic Recommended Letter”;
– the "Ready-to-Recommend Follow-up".
For the Colissimo Window:
– the "Colissimo Emballage".
In addition, the summary of the public consultation on information on the quality of the universal service published on 21 November 2007 shows that users do not distinguish between the non-universal service offering and the universal service offering.
This is why it is essential for the Authority to have figures on these benefits.
The Post will communicate, each year, the volumes and business figures of each of the services listed above and the provision of the universal postal service to which they are substitutes (e.g. for the "Colissimo Emballage", the volume and turnover of the "Colissimo ATM" will also be provided).


4.2. Information on La Poste’s obligations


On the lifting of postal shipments under universal service:
The summary of the public consultation on information on the quality of universal service (see above) showed that users of postal services are sensitive to the convenience of collection, especially through the location of yellow boxes, located on the public road. In addition, the ARCEP/TNS-SOFRES study, the results of which were made public on 11 April 2006, revealed that users, and in particular households, attach importance to the issue of the convenience of the repository.
An improvement in the Authority's knowledge on this subject is therefore essential.
The Post will provide the following information to the Authority:
– the number of collection boxes per department;
― the number of collector boxes per inhabitants for different departments;
– the number of collection boxes per square kilometers for different departments.
On the distribution:
In 2005, distribution was the first source of the litigation handled by the mediator of the La Poste Group for Mail Affairs. It was also the second source of litigation for parcel cases. In addition, the ARCEP/TNS-SOFRES study (see above) showed that egregated mail users are sensitive to issues of convenience of distribution.
The monitoring of the distribution and its quality is a priori not easy as possible malfunctions are very varied questions (network connection, location of mailboxes, address problems, organization of tours, replacement in the event of absence of the holder for leave or illness, etc.). In addition, some monitoring indicators such as the pending rate may depend on different parameters that are not all under the control of La Poste (including the presence or not of the recipient).
In addition, the Authority was asked in the context of the public consultation on information on the quality of the universal postal service (see above) on the "NPAI" (not in the address indicated). The Authority wishes to understand what volume of shipments is actually returned to the sender.
Thus, the Autorité seeks to understand the quality of this essential feature of the universal service that is the distribution through several information that must allow to estimate the share of the traffic that is not distributed to the addressee's home. To date, according to La Poste, this information is either unavailable or only processed at the local level.
The Autorité therefore invites La Poste to undertake work in consultation with the services of the Autorité on the establishment of indicators to monitor the quality of the distribution.
Finally, in accordance with the provisions of Article R. 1-1-1 of the CCCB, "the lifting and distribution of postal shipments under the universal service are, except in exceptional circumstances, insured daily.
When the transport infrastructure or geographical characteristics of certain areas impede the regular fulfilment of the obligations set out in the first paragraph, the provider of the universal service defines a particular organizational project to ensure service in the best conditions. It forwards this project to the Minister responsible for posts that may be opposed by a reasoned decision notified within two months of the project's receipt. In the absence of opposition, the provider of the universal service communicates the project to the Autorité de régulation des communications électronique et des postes (...)".
The Post will transmit to the Authority information:
―deferring precisely the exceptions to the lifting and distribution in the year;
- explaining the reasons for these exceptions;
– presenting alternative organizations established.
On claims:
The distribution, loss and reshipment were at the origin of 38.5%, 24.2% and 16.6% of the mediator's "Courrier" referrals in 2006. The Authority must therefore have information to enable it to understand whether the many requests of the mediator originate a failure to process the claims and/or result from a recurring dissatisfaction related to the service.
The summary of the AMF's public consultation on information on the quality of the universal postal service (see above) also highlighted the importance of a quality distribution and shipping service. Several contributors also highlighted the disadvantages that can lead to loss of mail for users.
To this end, La Poste will transmit to the Authority the number of claims addressed to La Poste concerning:
- distribution;
– loss of products of universal service;
- claims for re-shipment.


*
*


This decision takes into account the current offer of universal service and the capabilities of La Poste's information system to describe its characteristics.
It may be subject to subsequent amendments, in particular in cases:
- amendments to the universal service benefit catalogue;
– the establishment by La Poste of new indicators for monitoring benefits under universal service.
Decides:

Article 1


The Post will communicate to the Electronic Communications and Post Regulatory Authority, no later than 30 April 2008, the information listed in Appendix 1 to this decision and a document explaining the methodology and frequency of the measure of accessibility to universal service services, from the contact points network.

Article 2 Learn more about this article...


For the 2007 fiscal year, La Poste shall communicate to the Electronic Communications and Post Regulatory Authority, by 30 April 2008, the information listed in Appendix 2 to this decision.

Article 3


Effective fiscal year 2008, La Poste shall communicate to the Electronic Communications and Post Control Authority, no later than March 31 of the year following the fiscal year, the information listed in Appendix 2 to this decision.

Article 4


The Director General is responsible for the execution of this decision, which will be notified to La Poste and published in the Official Journal of the French Republic.

  • Annex

    A N N E X E 1
    INFORMATION DEMANDED IN 2008
    AT THE TIME OF ARTICLE 1 DECISION N° 2008-0180 19 February 2008
    Table 1
    Structure information on the uses of universal service benefits
    (years 2006 and 2007)




    POIDS

    Types of users (*)

    FLUX FRANCE-EUROPE
    (million objects)
    Households Companies Origin France Origin Europe
    Priority letter.
    average and standard deviation
    % of traffic
    % of traffic
    Recommended letter.
    average and standard deviation
    % of traffic
    % of traffic
    Ecopli.
    average and standard deviation
    % of traffic
    % of traffic
    International priority.
    average and standard deviation
    Trafficking
    Trafficking
    Recommended international priority delivery.
    average and standard deviation
    Trafficking
    Trafficking
    International economic delivery.
    average and standard deviation
    Trafficking
    Trafficking
    Colissimo.
    average and standard deviation
    % of traffic
    % of traffic
    Colissimo overseas.
    average and standard deviation
    % of traffic
    % of traffic
    Colissimo overseas recommended.
    average and standard deviation
    % of traffic
    % of traffic
    Colissimo international.
    average and standard deviation
    % of traffic
    % of traffic
    Trafficking
    Trafficking
    Declared value.
    average and standard deviation
    % of traffic
    % of traffic
    No information required for white boxes.
    (*) Analysis of the types of users is performed by delivery; first line example: 70% of priority letters
    shipped by households, the remaining 30% by businesses.

    Tables 2 and 3
    Corresponding traffic and CA of the main types of shipments to and from overseas



    TRAFFICES TO THE DEPART AND ARRANGEMENT OF THE OUTRE-MER
    (million objects)
    ORIGINE
    metropolis
    ORIGINE
    overseas
    Priority letter (first weight bracket).
    Trafficking
    Trafficking
    Priority letter (total other weights).
    Trafficking
    Trafficking
    Colissimo overseas.
    Trafficking
    Trafficking
    Total traffic other shipments.
    Trafficking
    Trafficking


    THE DEPART AND THE ARRIVAL OF THE OUTRE-MER
    (million euros)
    ORIGINE
    metropolis
    ORIGINE
    overseas
    Priority letter (first weight bracket).
    CA
    CA
    Priority letter (total other weights).
    CA
    CA
    Colissimo overseas.
    CA
    CA
    Total traffic other shipments.
    CA
    CA

    A N N E X E 2
    INFORMATION COMMUNIQUÉS ANNUELLEMENT BY THE POST
    AU TITRE DES ARTICLES 2 AND 3 OF DECISION N° 2008-0180 19 February 2008
    Table 1
    Trafficking and turnover of the egregated priority letter and its substituted benefits



    OBJECT AND EUROS MILLIONS
    TRAFIC
    CA
    Priority letter.
    Ready to go.
    Ready to post prestige France.
    Book post.
    Distingo followed.

    Table 2
    Trafficking and turnover of the recommended letter and its substituted benefits



    OBJECT AND EUROS MILLIONS
    TRAFIC
    CA
    Recommended letter.
    Electronic recommended letter.
    Ready-to-recommend.

    Table 3
    Trade and turnover of priority international shipment and substitute benefits



    OBJECT AND EUROS MILLIONS
    TRAFIC
    CA
    International priority.
    Ready-to-poster Prestige World.
    Postexport Premier.
    Postexport.

    Table 4
    Trade and turnover of the Colissimo and its substitutes



    OBJECT AND EUROS MILLIONS
    TRAFIC
    CA
    Colissimo.
    Colissimo packaging .
    Colissimo recommended.

    Table 5
    Density of collection boxes by departments



    DEPARTMENT
    NOMBRE DE BOÎTES
    NOMBRE DE BOÎTES
    by inhabitants
    NOMBRE DE BOÎTES
    per km2
    01.
    02.
    ...

    Table 6
    Exceptions to distribution



    LIEU
    MOTIF
    ORGANIZATION
    Implementation
    ...
    ...

    Table No. 7
    Temporary Exceptions to Distribution



    LIEU
    DU...
    AU...
    MOTIF
    ORGANIZATION
    Implementation
    ...
    jj/mm/a
    jj/mm/a
    ...
    ...

    Table 8
    Exceptions to distribution related to exceptional conditions



    LIEU
    DU...
    AU...
    MOTIF
    ORGANIZATION
    Implementation
    ...
    jj/mm/a
    jj/mm/a
    ...
    ...

    Table 9
    Annual statistics on universal service product claims




    DISTRIBUTION

    PERTE
    DEFINITION
    Number of claims.


Done in Paris, February 19, 2008.


The president,

P. Champsaur




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