Key Benefits:
The Autorité de régulation des communications électronique et des postes,
Considering Directive 97/67/EC 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;
In light of Directive 2002/39/EC of 10 June 2002 amending Directive 97/67/EC with regard to the continued openness to competition of the Community's postal services;
Having regard to the code of posts and electronic communications, including articles L. 4 and L. 5-2 (5°);
Vu le second paragraph of Article 2 of Act No. 90-568 of 2 July 1990 concerning the organization of the public service of the post and France Télécom;
Having regard to the State-Presse-post Memorandum of Understanding of 23 July 2008;
Having regard to the record describing the tariff changes in the public service delivery and distribution of the press for the year 2009, received from La Poste on 1 December 2008;
After deliberating on 16 December 2008,
Pursuant to Article L. 5-2, (5°) of the Post and Electronic Communications Code, the Electronic Communications and Post Regulatory Authority " issues a public opinion on the economic aspects of the tariffs referred to in the second paragraph of Article L. 4, prior to their approval by the ministers responsible for the posts and the economy". The rates referred to in the second paragraph of Article L. 4 are the rates of public service services to the press for the transport and distribution of the press, and subject to the specific regime provided for in the postal and electronic communications code. The objective of these benefits is to promote pluralism, including political and general information.
In January 2008, the government entrusted Mr.Marc Schwartz with a task of reflection and proposal regarding the delivery of press subscriptions by postage or by porting.
A progress report assessed the "Paul Agreements" of July 2004 governing the framework of the tripartite relationship until December 31, 2008. This report highlighted the decrease since 2000 in the press account deficit, from €600 million to €400 million in 2007. Over the period covered by the Paul agreement (2004-2008), the costs will be reduced by €152 million and the revenues related to the press will remain stable as a result of the combination of tariff revalues and the reduction of State aid. The decline in the deficit can be explained by several factors. The report highlights the combined efforts of the press and La Poste. The first adapted the terms and conditions for the preparation of its shipments to the postings and agreed to the tariff changes provided by the Paul agreement. The second achieved productivity gains. The decrease in volumes and the transfer of urgent benefits to non-urgent benefits also contributed to lower costs.
This mission led to the signing of a memorandum of understanding on 23 July 2008. This new agreement covers a period of seven years, from January 2009 to December 2015, and is part of an objective of information pluralism and from the perspective of full openness to the competition of the postal market by 2011.
It provides a rate revalorization schedule, in addition to indexing the inflation scale. This plan is based on an identical annual increase trajectory for all emergency levels but stops specific rise paths for political and general information publications and for newspapers with low advertising resources.
The Authority for the regulation of electronic communications and postings received the description of the tariff changes envisaged by La Poste for the year 2009. This file includes information to assess the variation in the rates for newspapers and periodical writings in the domestic regime (press releases).
I. ― Evolution of tariffs for periodic newspapers and written in the domestic system
The Post changed its tariff grid in accordance with the provisions of the Schwartz Agreement, both from the point of view of its structure and with respect to its revalorization and indexation. The agreement did not amend the construction of the tariff grid as specified in the Paul agreement. The structure of the tariff grid therefore remains defined according to the level of emergency, the level of consignment preparation and options.
I-1. Structure of the tariff grid
Press publishers may choose, according to the characteristics of their publications, according to their dissemination policy and according to their technical capacity to prepare and transport their shipments, among the different terms of the basic offer and among the options proposed.
Basic rates
The basic rates for the services offered by La Poste under the public service for the transport and distribution of the press are determined by:
- emergency level:
urgent press (booking in J / J+1);
- non-urgent press (booking in J+4);
economic press (booking in J+7);
the degree of consignment preparation:
― "direct mass factor": constitution of 6 copies (this number may be reduced to 4 or 5 provided that the bundle weighs at least 400 g) per factor tour number;
― "direct liasse postal code": constitution of liasses of 6 minimum copies per postal code (this number can be reduced to 4 or 5 provided that the liasse weighs at least 800 g);
― "department to be sorted": constitution of 6 copies (this number can be reduced to 4 or 5 provided that the bundle weighs at least 800 g) and 8 kg maximum (6 kg for the liars under film) per side (trigger) of mail processing centre, by mail processing centre where the number of copies per side is insufficient;
― "every France to sort": copies embed in a route file, simple computer sequence of copies according to the postal code for small files or non-red files;
– the mechanic or non-mechanical character of the press product with respect to the technical specifications issued by La Poste.
The tariff grid is developed from the "direct postal code bundle" tariff, which is the pivotal tariff. The coefficients to be applied for 2009 are as follows:
| Direct letter postal code. | 100,00 |
| Direct weight. | 91.50 |
| Department to trier mechanized. | 117.6 |
| Non-mechanical sorting department. | 122.4 |
| All of France to sort mechanics. | 161.7 |
| All of France to sort non-mechanical. | 168.3 |
Options
Press shipments can access one or more options to get discounts. As in the Paul agreement, five options are available:
― advance deposit: deposit made, on a regular basis, at least three hours before deposit time (emergency press, off-to-day);
― hollow day deposit: deposit made on Mondays and Tuesdays (press and press at economic rate);
― delivery to the sorting centre ( destination mail processing centre): delivery of the entire traffic to a destination mail processing centre, for all copies distributed on the geographic area served by this centre;
― delivery to the distribution centre ( destination distribution establishment): delivery, in a distribution establishment listed in the terms of reference, of the entire traffic intended for the distribution area served by that establishment;
― hollow day distribution: distribution of consignments on Tuesday (emergency press off-to-day).
The optional fare is calculated from the rate of the same non-optional preparation level, expressed in base 100. The scale proposed by La Poste for 2009 is as follows:
| Early deposit. | 98.0 |
| Drop in a hollow day. | 98.0 |
| Delivery to CTC/PPDC | 98.5 |
| Delivery in destination distribution facility CDIS/PDC | 97.0 |
| Distribution in hollow day. | 98.0 |
I-2. Re-adjustment of the tariff grid
The Schwartz agreement provides for an update of the tariff grid according to a tariff revalorization path and rising prices. For the generality of the securities allowed to benefit the CPPAP regime, a 3% revalorization will be applied to the rates of each of the three emergency levels in addition to a change in the prices impacted at 3.27 per cent. The price changes are measured by that of the Off-Tacco Consumer Price Index between June 2007 (114.90) and June 2008 (118,95) with an account of price changes, beyond 2.5%, limited to 75%. An overall increase of 6.27 per cent is applied to the pivotal rate of the "direct postal code mass".
II. ― Analysis of the Authority
The Authority does not decide on compliance with the provisions of Article L. 4, under which the tariff structure must "promote pluralism". The Commission notes that specific provisions define, on the one hand, the publications concerned (articles D. 18 et seq. of the Post and Electronic Communications Code) and, on the other hand, the financing of the corresponding mission (Act of 2 July 1990 on the organization of the public service of the post).
According to article L. 5-2 (4°), the Autorité's analysis focuses on the "economic aspects" of the press tariffs.
In this context, the Authority considers that the pricing of press consignments should, in the long term, reflect the costs: under Article L.2 of the Post and Electronic Communications Code, periodical consignments fall under the universal postal service, one of which is to present transparent, affordable and cost-oriented tariffs (directive 97/67/EC, considering 26 and article 12). It notes that this objective is one of those of the Schwartz agreement: "the combination of the reduction of postal costs, tariff measures and the State's financial contribution, as provided for in this protocol, should cover, at the end of the agreement, the full costs attributable to the press".
The Authority has reviewed the compliance of the press tariffs under the Schwartz agreement and observes that the 2009 tariff grid transmitted by La Poste complies with the following:
1° The revalorization implemented is the one provided by the agreement (Table 1 in Appendix);
2° The rate modulation coefficients provided by the agreements for 2009 were taken into account (Table 2 in Appendix), as well as those applicable to options (Table 3 in Appendix);
3° The increase of 3.27 per cent decided by La Poste effectively corresponds to the annual evolution of the Non-Tacco Consumer Price Index between June 2007 and June 2008 with the share of the increase exceeding 2.5% (1.02 per cent) reflected at 75% (0.77 per cent).
III. – Conclusion
The evolution, proposed by La Poste for the year 2009, of the postal tariffs applicable to the services offered under the public service for the transport and distribution of the press, ensures compliance with the State-presse-post agreement of 23 July 2008 with regard to the evolution of the tariffs applicable to newspapers and periodical writings in the domestic regime.
The Autorité issues an opinion favourable to the evolution of these rates.
This notice will be forwarded to the Minister of Economy, Industry and Employment and to the Secretary of State for Industry and Consumer Affairs, Government Spokesperson, and published in the Official Journal of the French Republic.
Done in Paris, December 16, 2008.
A N N E X E
TABLE 1
| Tariff developments | + 3% | + 3.5 per cent | + 4% | + 4.5 per cent | + 5% | + 5% | + 5% |
TABLE 2
| Level of preparation: "direct mass postal code" | 100 | 100 | 100 | 100 | 100 | 100 | 100 |
| Level of preparation: "direct mass factor" compared to "direct mass postal code" | 91.5 | 91 | 90.5 | 90 | 8.5 | 89 | 89 |
| Level of preparation: "mechanical sorting department" compared to "direct code postal" | 117.6 | 117.6 | 117.6 | 117.6 | 118.3 | 119.1 | 119.1 |
| Level of preparation: "Non-mechanical sorting department" | 122.4 | 122.4 | 122.4 | 122.4 | 123.1 | 123.9 | 123.9 |
| Level of preparation: "every France to sort mechanized" compared to "direct code postal" | 161.7 | 161.7 | 161.7 | 161.7 | 162.4 | 163.2 | 163.2 |
| Level of preparation: "all France to sort non-mechanical" compared to "direct code postal" | 168.3 | 168.3 | 168.3 | 168.3 | 169.0 | 169.8 | 169.8 |
TABLE 3
| 1. Deposit options: ― early deposit (emergency press out of daily press) | 98.0 | 98.0 | 98.0 |
| ― hollow day deposit (press and economical press) | 98.0 | 98.0 | 98.0 |
| 2. Transport options: ― delivery destination mail processing center or PPDC | 98.5 | 98.0 | 97.0 |
| – delivery to CDIS/PDC destination distribution facility | 97.0 | 96.0 | 95.0 |
| 3. Distribution option: ― hollow day distribution (emergency press out of daily press) | 98.0 | 98.0 | 98.0 |
The president,
P. Champsaur
