JORF n ° 0303 December 30, 2008 text no. 161 opinion No. 2008 - 1324 9 December 2008 on the proposal for La Poste on the characteristics and rates of new Press offers under the universal service NOR: ARTR0830463V ELI: not available the authority of 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;
Having regard to directive 2002 / 39 / EC of 10 June 2002 amending directive 97 / 67 / EC with regard to the further opening to competition of Community postal services;
Saw the post and electronic communications code, and in particular articles L. 5-2-3, 1 - 1 - 10 and R. 1-1-13;
Having regard to the memorandum of understanding status / news / station on July 22, 2004;
Having regard to the memorandum of understanding State / press / post on July 23, 2008;
Seen the dossier describing the characteristics and rates of new offers press SU, awarded October 6, 2008;
Having regard to the additional information sent by mail on November 5, 2008;
After having deliberated on 9 December 2008, article L. 5 - 2 (3 °) of the post and electronic communications code provides that the regulatory authority for electronic communications and posts «[...]» is informed by the universal service provider, prior to their entry into force [...], the benefits of universal service tariffs non-earmarked. It can make public its opinion ".
In accordance with article R. 1 - 1 - 10 of post and electronic communications code, La Poste shall inform the authority of substantial changes of the catalogue of benefits of the USPS when they relate to shelled mailings and informs the Minister in charge of the posts and the authority of changes in the services of mail catalogue number.
Article R. 1-1-13 du code positions and electronic communications says that "La Poste provides electronic communications regulatory authority and posts one month before their entry into force any useful information on rates of non-reserved universal service services.
Pursuant to these provisions, the post office has submitted to the authority, October 6, 2008, for implementation on 1 January 2009, characteristics, and rates of new offers of universal service for newspapers and Periodicals publications, corresponding to the commitments made in the memorandum of understanding State-press-post on July 23, 2008.
I. context — in January 2008, the Government has entrusted to Mr. Marc Schwartz for a mission of reflection and proposal concerning the routing of subscriptions of press by postage or portage.
First, a progress report was presented establishing, inter alia, a balance sheet of the previous agreement, agreement Paul, signed on 22 July 2004, the framework of the tripartite relationship until December 31, 2008.
This mission has led to the signing of a memorandum of understanding on July 23, 2008 for a period of seven years from January 2009 to December 2015. This new agreement fits not only with the aim of pluralism of information but also in the context of the opening full to competition of the postal market by year 2011.
This protocol agreement retained a trajectory of prices of services offered in respect of public service transport and distribution of the press in addition to inflation. It stipulates that the State continues to compensate the extra cost of the service mission of public well postal transport that this contribution is decreasing through 2015. It indicates that La Poste and publishers lead industrial joint actions to optimize the transport and distribution of the press.
Finally, the agreement provides for the creation of a rate of universal service for press publications which will apply from January 2009. More specifically, it is stated that "La Poste will propose for this purpose to the responsible Minister positions offer included in the catalogue of the universal service, to press publications, covering the whole territory, at a price affordable and focused on costs in accordance with the General provisions governing universal service offerings.» To this end, intended to press universal service tariff will be, after notice of ARCEP, proposed at a level ensuring the coverage of the costs.
It is in this context that the electronic communications regulatory authority and positions received draftsman description of characteristics and rates proposed by La Poste for a service offering national mailing of newspapers and periodicals.
II. ― characteristics and prices of the offer as to the services offered by La Poste in respect of the public service transport and distribution of the press, the structure of the fee schedule of the new complementary offer of universal service is defined according to the level of emergency and the degree of preparation of shipments. However, readiness levels are based on different sorting characteristics leading to two distinct offerings.
The new offer proposed by La Poste consists of two product lines: "Press free spirit" and "full press". The two lines come in three products distinguished by their level of urgency: J + 1 including the delivery time is 1-day business (1);
J + 4 including the delivery time is 4 working days;
D + 7 including the delivery time is 7 business days.
(1) the delivery in J + 1 time is limited to geographical area of the depot platform. Deposits which the destination is located outside of this area are distributed on D + 2.
Free 'Press spirit' range is suitable for shipments of small-circulation newspaper editors. This offer is accessible without prior sorting or obligation routing or affixing of indicative 'tri distribution. The documents required for submission are limited to the information necessary for billing. On the other hand, deposits shall not exceed 2,000 copies and folds should be presented "recovered" in the filing. They can be carried out in institutions mail, mail (PDC) or platform of Preparation distribution and mail Distribution (PPDC) platforms. The customer has the possibility to subscribe to an option called "local deposit" which allows the Publisher to receive a 15% discount [...] for the destination of the Department of deposit deposits or departments bordering Department of deposit where they correspond to the area of jurisdiction of the Distribution Center mail (CDIS) or of the Distribution mail (PPDC) platform.
The "Full press" range is suitable for shipments of newspaper editors at large or medium dissemination. This offer is available from a threshold of 500 objects by deposit should not exceed 8 kg and under condition that the client different from shipments based on weight ranges and three levels of separation: ― the level of separation according to the' bundle' requires that copies be classified by Department (or by PPDC);
― the level of separation according to the 'Postal Code bundle"requires that the client is wads of 6 copies (this number may be reduced to 4 provided that each bundle weighs at least 800 g) sequenced in the order of distribution sort codes;
― the level of separation according to the "bundle factor" requires that the client is wads of 6 copies (this number may be reduced to 4 provided that each bundle weighs at least 400 g) by indicative of sort of distribution.
The customer has the possibility to subscribe to two options on offer press complete: ― the STP option which enables the customer a discount of 1% on the deposits made on the network dedicated to the delivery of the press (STP);
― the option contractual commitment to quality that reflects the commitment of the post Office on the date of distribution of the folds. A compensation scheme is implemented for the signatory of the contract when the quality of national service found is lower than the objectives. The compensation shall be per days late on flows of a Department whose quality of service is less than national targets. This compensation is available only to titles using a routing having been the subject of a labelling, of a quality approach.
The implementation of compensation is based on measurement of the quality of service of the offer of public service. The results of the urgent press are used to offer Integral J + 1, those urgent offer Integral J + 4 press and those in the business to offer Integral J press + 7. However, the post office has made the choice to retain the rate of compensation of the old grid of agreements Paul and not double this grid as it is intended in the context of the memorandum of understanding signed on 23 July 2008, for the services offered by La Poste in respect of public transport and distribution service from the press.
Ja + 1 Ja + 2 Ja + 3 full J + 1 5% 20% 30% full D + 4 15% 20% 25% full D + 7 15% 20% 25% Ja is the day whereas, i.e. the day of distribution that matches the commitment on the level of service in question.
These rates are applied to the amount of postage paid for copies destined for the departments who have not attained the national objectives of references.
In conclusion, the new offer of log shipping and periodicals is distinguished from the supply offered by La Poste in respect of the public service of transport and distribution of the press by the levels of preparation of shipments, the types of proposed options and compensation rates. On the other hand, it is conveyed in the same conditions as the delivery offered by La Poste in respect of public transport and distribution of the press service.
III. — analysis of the authority in accordance with the General provisions governing universal service offerings, the new offer of shipments of newspapers and periodicals must present rates affordable and geared towards costs.
The Authority notes that the fee schedule is based on a device offering rates variables according to the degrees of sorting done by publishers. This same device was already present in the current supply with different levels of sorting. The fee schedule of the new offer contains a reference preparation according to the sorted by Department. From this level of sorting, the savings achieved by La Poste by virtue of preparations made by the publishers according to levels of preparedness Postal Code and bundle factor are calculated. The rates of refunds of the costs savings by mail are homogeneous according to the levels of emergency.
Although these two offerings have significantly different levels of sorting, it is possible to reconcile the two tariff scales in order to place the fee schedule of the new complementary offer of universal service compared to benefits in respect of public transport and distribution of the press service. To do this, La Poste has used average weights by weight as well as trafficking in Accounting 2007 and their distribution according to the weight ranges as they are observed on the current offer to calculate average fares.
Under these assumptions, and on average, comparison of rates by level of urgency shows that: ― for product J + 1 of the full range, the difference in rates varies 80.0% for the preparation Department at 105.4% on the level of preparation by the bundle factor;
― for the J-integral range + 4 products, the difference in rates varies 90.9% for the preparation by Department to 110.4 percent readiness factor bundle;
― to D + 7 products, the difference in rates varies of 73.7% for the preparation by Department to 79.8% for the level of preparedness bundle factor.
Important differences in rates allow the post office to cover the costs of the new offer. [...] These differences highlight the low level of current offer in terms of costs. Given the level of the margins, the Authority considers that this new offering rates oriented the costs in accordance with tariff obligations of universal service offerings.
The Authority notes that La Poste has the choice of retaining in its economic analysis costs attributable. As in the 2007 accounts, the share of the non-attributable costs in the regulatory accounting of La Poste is low, costs are close to full costs. Moreover, as costs incorporate a contribution to fixed costs, they remain higher incremental costs, thus respecting the rules applicable to the competitive sector.
Insofar as the new offer will be delivered under the same conditions than the provision offered by La Poste in respect of public transport and distribution of the press service, the cost of the new offer were calculated from the attributable costs of 2007's current offer, that La Poste age taking into account the natural evolution of its charges. These costs are in accordance with the accounting rules established by the authority in its decision 2008-0165 on the accounting rules, in accordance with article L. 5 - 2 (6 °) of the post and electronic communications code. Nevertheless, the authority points out that additional studies have been requested to the position concerning the application of the inductor weight/format. At the end of these studies, in January 2009, the authority could advance the implementation of this inductor; What would evolve loads allocated on products according to their weight/format of this offer.
Taking into account the strong competitive position held by La Poste in log shipping market and periodicals, the Authority considers that the reference to costs is the relevant economic approach to assess the direction of rates towards costs of this product.
Subject to the above remarks the Authority issues a favourable opinion.
This notice will be made public, subject to secrets protected by law, and published on the website of the authority and in the Official Journal of the French Republic.
Done at Paris, on December 9, 2008.
Annex A N N E X E press spirit free weight ranges J-1 J + 4 J-7 price to the object in € price per kilo price to the object in € price per kilo price to the object in € price per kilo 0-50 g to sort 0.545 0 0.430 0 0.405 0 51-350 g sort 0.427 8 2,343 3 0.330 0 2,000 0 0.331 0 1,480 0 351-2 000 g sort 1.582 2 0.535 1 1,445 0 0,500 0 1.253 5 0.316 3 press integral weight ranges level of separation J-1 J + 4 J-7 price to the object in € price per kilo price to the object in € price per kilo price to the object in € price per kilo 0-50 g to sort bundle Department 0.515 0 0.400 0 0.375 0 bundle ZIP Code 0.435 0 0.320 0 0.295 0 bundle factor 0,410 0 0.295 0 0.270 0 51-350 g sort bundle Department 0.397 8 2.343 3 0,300 0 2,000 0 0,301 0 1,480 0 bundle ZIP Code 0,317 8 2,343 3 0.220 0 2,000 0 0,221 0 1,480 0 bundle factor 0.292 8 2,343 3 0.195 0 2,000 0 0.196 0 1,480 0 351-2 000 g sort bundle Department 1.412 2 0.535 1 1.275 0 0,500 0 1,083 5 0.316 3 bundle ZIP Code 1.242 2 0,535 1 1,105 0 0,500 0 0.913 5 0.316 3 bundle factor 1,152 2 0.535 1 1.015 0 0,500 0 0,823 5
0.316 3 president, P. Champsaur