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Opinion N ° 2009 - 0243 Of 2 April 2009 On A Draft Decree To The Objectives Of Quality Of Service Attached To The Post Office For The Year 2009 In Respect Of The Supply Of Universal Service That La Poste Is Required To Provide Pursuant To Article L. 2...

Original Language Title: Avis n° 2009-0243 du 2 avril 2009 sur un projet d'arrêté relatif aux objectifs de qualité de service fixés à La Poste pour l'année 2009 au titre de l'offre de service universel que La Poste est tenue d'assurer en application de l'article L. 2 ...

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JORF n°0139 of 18 June 2009
text No. 83



Notice No.2009-0243 of 2 April 2009 on a draft Order relating to the quality of service objectives set at La Poste for the year 2009 under the universal service offer that La Poste is required to ensure pursuant to Article L. 2 of the Post and Electronic Communications Code

NOR: ARTR0910391V ELI: Not available


The Autorité de régulation des communications électronique et des postes,
Considering Directive 97 / 67 / CE amended from the European Parliament and the Council of 15 December 1997 concerning the common rules for the development of the internal market for postal services of the Community and the improvement of the quality of service;
Given the Post and Electronic Communications Code, including its Articles L. 2, L. 5-2 (4°) and R. 1-1-8 ;
See?arrested on 22 July 2008 relating to the quality of service objectives set at La Poste under the universal service offer that La Poste is required to ensure pursuant to Article L. 2 of the Post and Electronic Communications Code;
See?Opinion No. 2008-0216 of the Electronic Communications and Post Regulatory Authority of 11 March 2008 on a draft decree on the quality of service objectives set out in La Poste under the universal service offer that La Poste is required to ensure in accordance with Article L. 2 of the Post and Electronic Communications Code;
Given the request for advice from the Minister of Economy, Industry and Employment and the Secretary of State for Industry and Consumer Affairs, Government spokesperson dated 4 March 2009;
After deliberating on 2 April 2009,


1. Context



Under sections L. 5-2-4 and R. 1-1-8 of the Post and Electronic Communications Code (hereinafter CPCE), the Electronic Communications and Post Regulatory Authority must ensure that the quality of the universal service rendered by La Poste is in accordance with the objectives set by the Minister responsible for the posts.
On January 29, 2008, the Minister of Economy, Finance and Employment and the Secretary of State for Business and Foreign Trade forwarded a draft order to the Authority and the Superior Commission of the Public Service of Posts and Electronic Communications, for their opinion, setting out the quality of service objectives set out in La Poste under the universal service offer. AMF Notice No. 2008-0216 was rendered on 11 March. The objectives were then agreed on 22 July 2008.
On 4 March 2009, the Minister of Economy, Industry and Employment and the Secretary of State for Industry and Consumer Affairs, spokesman for the Government, seized the Authority with a new draft decree on quality of service objectives set out in La Poste for the year 2009.


2. The objectives of the proposed draft decision for 2009



In its opinion No. 2008-0216 of 11 March 2008, the Authority had issued reservations, including:
- the shift between an approach that sets objectives annually and the normative nature of the objectives, which results from the new regulatory framework established by the Act No. 2005-516 of 20 May 2005 ;
– the relatively undirective nature of these objectives, some of which are set below the results observed.
The objectives proposed for 2009 are, however, in line with the logic provided by the public service contract between La Poste and the State for the years 2008 to 2012, that of a "indicative trajectory of quality of service". However, it should be observed that this trajectory sets minimum indicative requirements and that, therefore, the objectives can be confirmed or modified by the Minister's order.
The following table outlines the proposals on the objectives of the Authority's opinion No. 2008-0216 of 11 March 2008, the objectives agreed by the Minister in charge of the positions on 22 July 2008 and the proposed objectives for the year 2009.

PRODUCT
PRECONSISATIONS
of the Authority on the objectives
(Notice No. 2008-0216)
OBJECTIVES 2008
(dated 22 July 2008)
OBJECTIVES 2009
(draft order for the year 2009,
changes compared to 2008 in bold)
Priority letter J + 1
J + 2
Analysis
83% of shipments in J + 1
84 per cent shipments in J + 1
≥96.2 per cent (result 2006)
95% of shipments in J + 2
95.5 per cent shipments in J + 2
Transboundary
Community J + 3

J + 5
Results 2007: ≈ 95%
Non-relevant objectives
85% of shipments in J + 3
88 per cent shipments in J + 3
Results 2007: ≈ 99%
Non-relevant objectives
97% of shipments in J + 5
Same arrested 22 July 2008
Colissimo window J + 2

J + 3
Analysis
85% of shipments in J + 2
86 per cent shipments in J + 2
≥95.5 per cent (result 2006)
95% of shipments in J + 3
Same arrested 22 July 2008
Claims processing
≥97 per cent (result 2007)
90% response rate
claims
Domestic mail
21 days
Same arrested 22 July 2008
Loss of letters
recommended
Analysis to be carried out on fixation
objectives
Measurement according to standard
EN 14137
Same arrested 22 July 2008


The Autorité observes that the objectives proposed in the draft decree for 2009 are identical to those of the decree of 22 July 2008, except for:
– the priority letter in J + 1 (respectively in J + 2) whose objective is 83% to 84% (respectively 95% to 95%);
– cross-border mail in J + 3 whose objective is 85% to 88%;
– the "Colissimo window" whose goal in J + 2 goes from 85% to 86%.
While acknowledging the progress made in the public service contract between La Poste and the State, the Autorité therefore recalls the proposals they had made in its opinion No. 2008-0216 of 11 March 2008 aimed at useful objectives for users of postal mail.
It also pursues a policy of inciting La Poste for a wide publicity of the levels of quality achieved, through joint work on a dashboard of the universal postal service. The dissemination of this information contributes to the transparency of the universal service and the improvement of La Poste's performance.
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, April 2, 2009.


The president,

J.-C. Mallet


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