JORF n ° 0231 3 October 2008 text no. 77 notice No. 2008-0216 March 11, 2008 on a draft decree to the objectives of quality of service attached to La Poste in respect of the supply of universal service that La Poste is required to provide pursuant to article L. 2 of code of postal and electronic communications NOR: ARTR0800021V ELI : Not available authority electronic communications and postal regulation, having regard to directive 97/67/EC of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of the quality of service;
Saw the post and electronic communications code, and in particular articles L. 2, L. 5 - 2 (4 °) and R. 1-1-8;
Having regard to the request for an opinion from the Minister of economy, finance and employment and the Secretary of State for businesses and foreign trade dated January 29, 2008;
Having deliberated on 11 March 2008, 1. Regulatory framework under the terms of article L. 5 - 2 (4 °) of code positions and electronic communications (hereinafter CPCE) the regulatory authority for electronic communications and posts shall ensure respect for the quality of the universal service objectives, laid down by order of the Minister in charge of the posts according to rules laid down by the Decree provided for in article L. 2; She annually by an independent body a study of quality of service, which it publishes.
Furthermore, the provisions of article R. 1-1-8 of the CPCE specify that: the Minister responsible positions, after the provider of universal service in a position to submit its observations and having received the opinion of the authority of regulation of electronic communications and posts and superior public postal and electronic communications service Commission shuts down quality objectives applicable to the provision of universal service as it may determine. These objectives focus on timeliness and reliability with which these benefits are insured.
Of the universal service provider conducts periodic measurements of the quality of services through standardized on European or national methods. The results of these measurements are brought to the attention of users and electronic communications regulatory authority and positions.
Therefore, in application of these provisions, the Minister of economy, finance and employment and the Secretary of State for businesses and foreign trade have seized the authority on January 29, 2008 on a draft decree laying down quality of service of the postal universal service objectives.
The draft decree set valid targets for 2008 alone, according to the terms of the letter of referral to the authority. These objectives focus on delivery times and the domestic letter destined for Europe, so that package domestic Colissimo window.
It should be noted that it is the first time that the State will attach to post such objectives under the new rules of the postal regulation. These rules differ significantly from the plan contracts signed previously between the State and the post office, which also contained provisions on the quality.
The new device to work usefully to the company and users, the authority makes several proposals on what could be, steady, quality of the universal service objectives. The levels proposed by the draft decree are then discussed one by one.
2. contracts of plan to the postal regulation Act, Act No. 2005-516 of 20 May 2005 introduced a new framework for regulating the quality of service that replaces the previous mechanism of contracts between La Poste and the State.
Contracts for plan 1995-1997, 1998-2001 and 2003-2007 projected trajectories of quality of service over several years which were particular to achieve a level of 85% J + 1. They defined a trajectory of progress marked by annual steps to a generally target the last year of the contract. The following table presents the objectives, for the last year of each of the three contracts of plan, the priority letter and Colissimo window.
OBJECTIVES of contracts of PLAN 2004 2005 2006 priority letters distributed in J + 1.
80% 84% 85% priority letters distributed on D + 2.
96% > 98% > 95% letters priority intra-city on D + 1.
90% Colissimo window distributed on D + 2.


90% Colissimo window distributed on D + 3.


95% the results of quality of service of the post office, for the year 2007, are not available on the date on which the authority shall make its opinion. Until 2006, the quality of service has remained relatively far from the objectives of the contrat de plan 2003-2007 for the priority letters distributed in J + 1 and Colissimo window distributed on D + 2 as shown in the following table: results of quality of SERVICE 2004 2005 2006 letters priority distributed on D + 1.
75.7% 79.1% 81.2% priority letters distributed in J + 2.
94.1% 95.4% 97.2% Colissimo window distributed on D + 2.
81.7% 83.8% 84.1% Colissimo window distributed on D + 3.
91.7% 92.2% 95.5% fiscal year of plan contracts showed the limits of setting annual increments visibly too ambitious quality of service targets and the recurrent lack of control of the levels achieved. The objectives have actually never been achieved. The authority argues that the establishment of a new framework for regulating the quality of service as provided for by the directive must allow an improvement and better monitoring of the performance of the post office.
3. what principles for quality of the universal service objectives?
If the fixing of objectives of quality of the universal service is expressly provided by the postal directive, observed that the Member States have different practices in this area: in the United Kingdom, 18 objectives are assigned to Royal Mail, covering almost all of the benefits of the company; in other countries, the objectives almost exclusively concern the urgent letter delivery times.
In France, the Authority notes that under terms of the code of posts and electronic communications objectives in question cannot exhaust quality obligations of La Poste: La Poste, the universal service provider, is required to provide specific quality services. This last obligation is General, while targets by Ministerial Decree intervenes only to benefits as he may determine.
Thus the Authority notes that the draft decree deals only with the main universal service services offered to the general public.
Objectives focused on the needs of the public in General, La Poste, the universal service provider, is the best position to know its customers quality expectations and the trade-offs they are prepared to make between the quality and price.
Professional customer, having recourse to industrial shipments emitted in large quantities, has some power of influence if trading to influence the choice of the position; on the other hand, the mainstream customers and small professionals, consumer of ginned mail, does not such a power.
The authority approves therefore the choice that is made to focus the objectives proposed on the only products primarily intended for the general public, customers captive.
Carrying relevant information objectives the objectives of quality of service must allow users to correctly anticipate the quality of service they can expect. Users can be sure that the delivery will be carried out (for example, that the letter will be effectively distributed in J + 1) if the success rate is 100%. As the level of quality of service away from the systematic realization of the goal, the quality of service to wait becomes uncertain. Indeed, the national annual percentage of the J + 1 is an average which a synthesis of different local situations. The Authority estimated that reference service quality levels should be at least a 90% success rate to give relevant information to the consumer.
Structuring objectives for the universal service provider quality of service objectives must be ambitious and lie to realistic levels. That is why the possibilities of improving the performance of the universal service provider must be taken into account. These depend on multiple factors and can be appreciated in different ways. For example, the performance of the universal service providers from other European countries, taking into account geographical differences, can be put into perspective.
Developments permitted by the construction of modernization under the industrial unit of the post office should also be analyzed to define achievable levels of quality of service in the medium term.

Stable objectives to achieve medium-term the authority includes the function of these objectives is to clarify, where necessary, the mission of universal service of La Poste: they must define clearly the undertaking as for the users, the level of obligations. This is particularly the case for the delay of delivery of domestic letters (J + 1 rate). In this context, they should be stable and enroll in a medium-term horizon; they should not fluctuate at the level of the achievements of short term post, because they give no precise signal on what is expected of her steady.
The reading of the texts and in the light of past experience, the authority is therefore reserved on the principle of annual objectives stated in the letter of transmittal of the Ministers. Moreover, the Authority notes that the above-mentioned R. 1-1-8 article does not provide that annual quality objectives be set each year by a new order.
The authority is nevertheless aware that should be adopted targets for the current year. She therefore formulates an opinion on the levels of quality of service for 2008, on the one hand, and on what should be the objectives to achieve medium-term fixed by a new order, on the other hand.
4. the articulation of objectives with the obligation to provide information on the quality when the quality of the service provided meets the needs, and there is a good public information on this quality level, goal setting is not necessary.
But in this case, the level of quality achieved transparency is an essential condition. This transparency allows users to compare this level with that of the competition where it exists, to react to changes of this quality, and to assess on objective bases its character sufficient or insufficient. In the field of cross-border mail example (time of delivery of the letters destined for Europe), it seems that devices financial quality management implemented by the providers of postal services between them (agreements REIMS) are sufficient today to maintain a level meeting the needs, and the setting of targets is not necessary.
Today, however, the transparency of the quality of the postal service is not sufficient.
For this purpose, the authority recalls engaged since 2006 of the work with the post office to improve the transparency of the quality of the universal postal service. Dashboard of the universal postal service is thus released by the post office since 2006. It contains useful information about the main components of the universal postal service. Figures on delivery times and reliability of priority letters and Colissimo window were including published. Information is also available on the volume of claims that are sent to the post office and the way in which they are processed.
Within this framework, the authority shall ensure that the information is available, in accordance with the needs of the users and that it does not raise problems of interpretation.
In 2007, the Authority wanted to associate the different stakeholders to work on the dashboard of the universal service. For this purpose, it has conducted a public consultation on the information needs related to the quality of the universal service whose results were published on November 21, 2007. This consultation helped to initiate work to make public more information. It is thus expected that are published in 2009 indicators on the reliability of registered mail and Colissimo window as well as information on the letters and the acknowledgement of receipt delivery times.
5. on the nature and level of the objectives in the medium term 5.1. The letter priority different studies, and including the ARCEP/TNS-SOFRES study, whose results were published on 11 April 2006, showed the critical importance of timeliness of benefits for users of ginned mail (enterprises and households). It appears including a very strong expectation for a delivery of priority letters on D + 1.
The draft decree provides for a target of 83% of priority letters distributed the day after the day of deposit (J + 1).


YEAR 2004 2005 2006 2007 2008 percentage of priority letters distributed on D + 1.
75.7% (realized) 79.1% (realized) 81.2% (realized) unavailable 83% (target) Progression.

+ 3.4% + 2.1% + 1.8% (in two years the authority points out that the objective of quality of service offered by the draft decree lies below the objectives and quality carried out in other European countries. Should nevertheless take account of geographical constraints or hours deadline may be different.
Percentage of delivery in J + 1 of the priority letter in Europe 2006 Germany Austria Belgium Denmark Great - Britain Ireland Italy Netherlands PORTUGAL goal.
Not available 95% 95% 97% 93% 94% 88% 95% 94.5% done.
95.9% 96.7% 92% 94.1% 94% 72% 88.1% 96.6% 92.6%. the Authority also points out that the level assigned to the operator in other European countries is relevant information for users. A level of quality of service beyond 90% enables users to be almost sure that the expected delivery will be carried out.
The Authority notes that the position of a lens of this type in the financial report 2006 of the Group: this plan of modernization [Cap quality mail] the mail process, launched in 2004, has aims to improve the quality of service to clients, with 90% of distribution in J + 1 in 2010, and to adapt the offer to the needs of customers.
However, the result observed (81.2% in 2006) is still far from such a level. As recalled in the letter of referral to the authority, the results achieved by La Poste were consistently below the targets set by this plan contract.
In this context, if a reference service quality level greater than or equal to 90% was not achievable medium-term at a reasonable cost, a level of 85% would be retained, but the system should also provide a safety net in terms of territorial equality (for example, maximum number of departments below the target national all flow together). In addition, as is the case in other European countries, this average national target should then also be completed more targets than the average national that set levels of qualities expected in areas or on data bindings, defined according to major traffic flows (intra-departmental or regional mail in some cases like the Ile-de-France, links from province to province).
The definition of these objectives would require a prior analytical work of the dispersion of the results of quality of service of the post office.
In conclusion, the authority proposed that a stable service quality objective is fixed after consideration of the possibilities of improving the performance of La Poste. It can be: ― is set at a level of quality of service at least equal to 90%;
― is stopped at a lower level (around), but supplementing it by close sub-targets of 95% on certain areas or bindings defined according to major traffic flows.
With regard to the objective set for the priority letters distributed on D + 2, the authority was surprised that the level foreseen by the draft decree is lower than the results of La Poste. This figure can therefore be regarded as an objective, as it is less than previous targets of plan contracts. The level of quality of service provided in the context of objectives to be achieved in the medium term should therefore be higher than that achieved in 2006.
Percentage of delivery in J + 2 of the priority letter domestic year 2004 2005 2006 2007 2008 percentage of priority letters distributed in J + 2.
94.1% (realized) 95.4% (realized) 97.2% (realized) not available 95% (objective) Progression.

+ 1.3% + 1.8%-2.2% (in two years) 5.2. Colissimo window the draft decree provides that 85% of all shipments must reach their recipient on D + 2. Based on the results of the year 2006, this would be a slight improvement in the quality of service of the post office.
Percentage of delivery in J + 2 of the Colissimo window year 2004 2005 2006 2007 2008 percentage of Colissimo window distributed on D + 2.
81.7% (realized) 83.8% (realized) 84.1% (realized) not available

85% (objective) Progression.

+ 2.1% + 0.3% + 0.9% (in two years) in its opinion No. 2008-0002, the Authority expressed its concerns about the affordability of universal services of the domestic parcel in France under European comparisons. The authority believes that charging high delivery must correspond to a high level of quality. The order should directly set a level of satisfactory service quality close to 90%.
The Authority considers that a reflection should be initiated by the ability to set other goals of quality of service for Colissimo window. The synthesis of the public consultation on the needs of the users on the quality of the universal postal service-related information (see above) has acknowledges concerns other than delivery times. It has, for example, highlighted an application for monitoring of the rate of loss (not distributed objects within 40 days) of the Colissimo window, notably because of the value of the goods that can be transported.
The authority points out that La Poste has committed to publish the percentage of distribution of Colissimo window in D + 7 under the dashboard of the universal service. This publication will fuel reflection on a possible indicator of losses and will bring the post office to take the necessary steps if the result is not satisfactory.
Finally, the authority was surprised that the draft decree will provide an objective of distribution of the Colissimo window on D + 3 less than the performance achieved by La Poste in 2006. The figure provided by the draft decree can therefore be regarded as an objective. The level of quality of service provided in the context of objectives to be achieved in the medium term should therefore be higher than that achieved in 2006.
Percentage of delivery in J + 3 Colissimo window year 2004 2005 2006 2007 2008 percentage of Colissimo window distributed on D + 3.
91.7% (realized) 92.2% (realized) 95.5% (realized) not available 95% (objective) Progression.

+ 0.5% + 3.2% — 0.5% (in two years) 5.3. The registered letter the authority recalled that La Poste has committed to publish under the dashboard of the universal postal service of information on the quality of service by registered mail. It comes to delivery times, delays in the acknowledgement of receipt and return of the rate of distribution on D + 7.
Study ARCEP - TNS SOFRES (see above) as well as the synthesis of the public consultation on the needs of the users for information relating to the quality of the universal postal service (cf.), have both shown the importance attached by users of postal reliability of recommended.
The Authority welcomes the draft decree of the Minister provides that the loss of the recommended rate is measured in accordance with European standard EN 14137. Nevertheless a simple duty of measure may be, as such, a goal.
No data allows today to set a quality level of the rate of loss of the recommended reference. That is why it is proposed to the Minister to consider, at the end of a period of six months of measurement of quality of the recommended (delivery times, loss and return of the acknowledgement of receipt), if the setting of targets is necessary or if the transparency of this quality appears sufficient in the interest of users.
6. on the setting of targets for the year 2008 for the year 2008, the authority may agree to the intended objectives when they are set at levels above the quality conducted by the post office in 2006. When this is not the case, she recommends amended.
Once the quality has reached a satisfactory level, the Authority considers that targets becomes useless and therefore proposed not to accept.
The authority therefore recommends maintaining, in 2008, the following objectives: ― the percentage of priority letters to reach their recipient the day after deposit J (J + 1);
― the percentage of Colissimo window to reach their recipient on D + 2.
The Authority recommends to correct the following objectives for 2008: ― the percentage of priority letters to reach their recipient the day two days after deposit J (J + 2) should be strictly greater than 97.2% (result 2006);
― the percentage of Colissimo window to reach their recipient on D + 3 should be strictly greater than 95.5% (result 2006);
― the rate of response, within a period of 21 days, to claims for mail home.
The Authority recommends not to retain the objectives concerning the Community cross-border mail. The quality of service is located at an already high level: on mail in J + 3, the results were close to 95% in 2006; Therefore, these objectives seem unnecessary.
7. on the follow-up of the objectives of quality of service by the new authority industrial tool of La Poste (Cap quality mail) should improve the quality of service but its deployment is not yet nearing completion. During this period, the authority will exercise its mission of monitoring the quality of the universal postal service taking into account this situation of transition.
Subject to the above remarks, the Authority issues a favourable opinion for the setting of objectives for quality of service for the year 2008.
On the other hand, the authority is of the opinion that a new order taking effect from 2009 should establish the objectives to be achieved in the medium term.
The year 2008 could thus be used to determine the levels of quality of reference to be guaranteed to users on average period, analysing not only the determinants of the quality of service of the post office, but also the costs of this quality (including the impact of geography).
Moreover, the authority will continue to work with the post Office on the dashboard of the universal postal service. The regular publication of information on the quality of the universal service is essential insofar as it contributes to the transparency of the universal service and improving the performance of La Poste.
This notice will be forwarded to the Minister of economy, finance and employment, the Secretary of State responsible for businesses and foreign trade and published in the Official Journal of the French Republic.
Done at Paris, March 11, 2008.


President, P. Champsaur