Act No. 2010-123, February 9, 2010 On The Public Company La Poste And Postal Activities

Original Language Title: LOI n° 2010-123 du 9 février 2010 relative à l'entreprise publique La Poste et aux activités postales

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Texts transposed Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending directive 97/67/EC with regard to the completion of the internal market for postal services of the community implementing legislation Decree No. 2010-191, February 26, 2010 laying down the initial post articles and containing various provisions relating to the post Decree No. 2011-849 of July 18, 2011 indicating the method of calculation of the net cost of the additional mesh allowing The position to ensure its mission of development of territory Decree 2011 - 2069 December 30, 2011 fixing for the year 2011 the rate of deductions of the bases of local direct taxation enjoyed by La Poste in respect of its mission of development of Decree No. 2012-1072 of September 20, 2012 on the Fund to compensate for the universal service postal territory and with various modifications of code positions and amending Decree No. 2013-417 of 21 may 2013 electronic communications from code postal and electronic communications summary amendment of the labour code, the general code of taxes, the post and electronic communications code.
Amendment of the Act No. 90-568 of 2 July 1990 relating to the organisation of the public service of post and France Télécom: creation after article 1 - article 1 1-2, articles 2, 9, 10, 11, 29-4, after article 29-5 of article 29-6, after article 32-2 of article 32-3, of article 48; Amendment of article 6, 21, 23, 30, 31, 32, 12, 27, 33, 34, 20, 33-1, 4, 8, 29-1, 30 bis, 31-3; repeal of articles 1, 7, 14, 15, 19, 24, 25, 26, 28, 36, 39 and 40. Complete transposition of directive 2008/6/EC of the European Parliament and of the Council amending directive 97/67/EC with regard to the completion of the internal market of Community postal services.
Keywords economy, labour CODE, CODE GÉNÉRAL des IMPÔTS, CGI, postal and electronic, public company, post COMMUNICATIONS, postal, person moral, PUBLIC, TRANSFORMATION, change, status, company law, CAPITAL, DETENTION, PARTICIPATION of the State, majority shareholder, subsidiary, group PUBLIC, PUBLIC, GENERAL interest SERVICE MISSION, LA BANQUE POSTALE, electronic and posts, ARCEP COMMUNICATIONS regulatory authority
, Annual report, contract, Board of Directors, REPRESENTATION of users, PRESIDENT, ban, post A liability, CUMULATION of jobs, MODE of appointment, DIRECTION Générale DE LA POSTE, official, attachment, employee, membership, INSTITUTION for retirement provision supplementary, FEDERATION of INSTITUTION for retirement provision supplementary CONVENTION, AGENT contract, provider of SERVICE, universal POSTAL SERVICE, duration, mesh, financing TERRITORIAL, Bill, European DIRECTIVE, TRANSPOSITION COMPLETE folders legislative Dossier Legislative Act No. 2010-123, February 9, 2010 JORF n ° 10 February 2010 page 2321 text 0034 No. 1 Act No. 2010-123, February 9, 2010 on the public company La Poste and postal activities (1) NOR: ECEX0913475L ELI: https://www.legifrance.gouv.fr/eli/loi/2010/2/9/ECEX0913475L/jo/texte Alias: https://www.legifrance.gouv.fr/eli/loi/2010/2/9/2010-123/jo/texte the National Assembly and the Senate have adopted, having regard to the Council decision constitutional No. 2010 - 601 DC on February 4, 2010;
The President of the Republic enacts the law whose content follows: title I:: provisions concerning A the post and amending the Act No. 90 568 of 2 July 1990 concerning A the Organization of SERVICE PUBLIC DE LA position and A FRANCE TELECOM Article 1 in more on this article...

Is inserted after article 1-1 of Act No. 90-568 of 2 July 1990 on the Organization of the public service of the post office and France Telecom, a section 1-2 worded as follows: «art.» 1st - 2.-I. — the legal person of public law La Poste is transformed from March 1, 2010 in an anonymous company called La Poste. The capital of the company is owned by the State, shareholder majority, and by other legal persons of public law, with the exception of the share of capital that may be held in respect of the shareholding structure of personnel under the conditions provided by this Act. This transformation can result in questioning the character of national public service of La Poste.
The date of publication of its original statutes, the capital of La Poste is, in its entirety, held by the State.
"This transformation does not mean creation of a new legal person. All the property, rights, obligations, contracts, agreements and authorizations of any kind of legal person of public law La Poste in France and outside France, are ipso jure and without formality the company La Poste from the date of processing. It has no effect on these assets, rights, obligations, contracts, agreements and permissions and does not result in, in particular, amendments to contracts and the current conventions concluded by the post office or companies related to him within the meaning of articles L. 233 - 1 L. 233 - 4 of the code of commerce, nor their termination or, where appropriate, the prepayment debts that are the object. Transformation into joint stock company does not affect the administrative acts taken by the Poste.L' all operations resulting from the privatization of the post office is made free of charge and does not give rise to no tax, wage, salary or fee payment for the benefit of the State, its agents or any other public person.
"II. — the post is subject to the legislative provisions applicable to public limited liability companies insofar as they are not contrary to this Act.
"The first and fourth paragraphs of article L. 225 - 24 of the commercial code shall apply in the event of vacancy of directors appointed by the General Assembly."
«The first paragraph of article L. 228 - 39 of the code does not apply to the company La Poste.»
' Article L. 225 - 40 of the same code does not apply to the agreements between the State and the position in application of articles 6 and 9 of this Act. ".


Article 2 more on this article...

Article 2 of the Act reads as follows: «art.» 2 - la Poste and its subsidiaries are a public group which carries out missions of public service and general interest and exercises other activities under the conditions defined by this Act and the texts that govern each of its areas of activity.
"Postal networks have an important social and territorial dimension that allows universal access to essential local services.
«I. ― the missions of public service and general interest are: "1 ° universal postal service, under the conditions laid down in the code postal and electronic communications, including its articles L 1 and L. 2;
2 ° the contribution, through its network of points of contact, the planning and development of the territory under the conditions laid down in article 6 of this Act;
«3 ° the transport and distribution of the press under the specific arrangements prescribed by the code postal and electronic communications, including its article L. 4;
«4 ° banking accessibility under the conditions laid down by the monetary and financial code, particular articles L. 221 - 2 and L. 518-25-1.
«II. — La Poste provides according to the rules of law common any other activity collection, sorting, transport and distribution of postal items of mail in all its forms, objects and goods.
«Post exercises, through its subsidiary La Banque postale, activities in the fields of banking, financial and insurance, under the conditions laid down including in the monetary and financial code.
"Mail is admitted to practice in France and abroad, itself and through subsidiaries or participations, all activities that relate directly or indirectly to its missions and activities such as defined by law, as well as any other activity provided for by its statutes. ''


Article 3 read more on this article...

Article 6 of the Act is amended as follows: 1 ° after the first sentence of the second paragraph of the I, are inserted four sentences thus written: "this network has at least 17 000 points of contact across the french territory taking into account the specifics of it, particularly in the départements and overseas. Experimentally, the post office offers users internet access broadband from their personal terminal until December 31, 2011, in 100 representative post offices. Three months before that date, the Government presents to Parliament a report on the basis of which the law can extend and adapt the device. The change of status of La Poste has no effect on local public-private partnerships to adapt its network of contact points. » ;
2 ° a the penultimate sentence of the second paragraph of the I, the words: 'the partnership' are replaced by the words: "these partnerships."
3 ° after the first paragraph of II, inserted a paragraph as follows: "a review of the management of the Equalization Fund specifying the amount of the allocation for each Department as well as its distribution information is transmitted each year to the Parliament and the presidents of the departmental commissions of territorial postal presence.";
4 ° after the second paragraph of II, inserted a paragraph as follows:

"The multi-year contract of the territorial postal presence fixed national postal territorial Equalization Fund management guidelines. It also specifies the conditions in terms of opening hours of basic postal and financial services, quality, information, improvement and commitments of service to users that must complete the contact points according to their characteristics and in respect for the principles of sustainable development. Conditions for the opening of the contact points shall provide the adaptation of these schedules to the lifestyles of the population served. He organized, in particular in the municipalities with more than fifty thousand inhabitants, on an experimental basis and after consultation with staff representatives, the opening of a post up to twenty-one hours office someday working per week, after the opinion of the territorial divisional postal presence commission. It also specifies the conditions of reduction of the opening of a post office with regard to its activity during a period of significant reference. ' Article 4 more on this article...

I. ― article 6 of the Act is amended as follows: 1 ° to the first paragraph of II, after the word: "finance the ', shall be inserted the words:" cost of ';
2 ° an IV as follows is added: "(IV). ― The electronic communications and postal regulation authority is responsible for assessing annually the net cost of the additional mesh to ensure the planning mission entrusted to the post office to the I. Post passes to the authority, on its request, information and the accounting documents required for this evaluation. A decree in Council of State, after notice of the High Commission for public service positions and electronic communications and published no later than March 31, 2010, clarifies the evaluation implementation method.
«The authority of regulation of electronic communications and the posts, after the opinion of the higher Committee of the public service of postal and electronic communications, presents each year a report to the Government and the Parliament on the net cost of this mesh.
"The Fund referred to in the first paragraph of II is powered by La Poste to due competition of local taxation relief which it benefits pursuant to 3 ° of article II 1635 sexies of the general tax code. '' This relief is revised each year on the basis of the assessment carried out by the regulatory authority for electronic communications and posts. » II. — the first paragraph of 3 ° of the I of article 21 of the same Act is supplemented by a sentence as follows: "the reduction rate is revised annually in accordance with 3 ° of article 1635 II sexies of the general tax code. '' "III. 3 ° of article 1635 II — sexies of the general tax code is supplemented by a paragraph worded as follows:" each year from fiscal 2011, the rate of deductions referred to in the first subparagraph of this 3 ° is fixed, within the limit of 95%, so the product of these allowances contributes to the financing of the cost of the supplementary post territorial mesh as assessed by the regulatory authority for electronic communications and. positions, in accordance with the IV of article 6 of Act No. 90-568 of 2 July 1990 on the organisation of the public service of the post office and France Telecom and under conditions laid down by Decree in Council of State. ».


Article 5 read more on this article...

The last paragraph of III of section 6 of Act No. 90-568 of 2 July 1990 is deleted.


Article 6 read more on this article...

Article 9 of the same Act reads as follows: «art.» 9.-L' State concludes with La Poste the contract referred to in article 140 of the new economic regulations Act No. 2001-420 of 15 May 2001. The contract determines in particular the objectives of the four missions of public service and general interest referred to in section 2 of this Act I. It offers objectives of quality of service for the various services of the postal universal service, including users waiting time in the network's offices position as well as the speed and the efficiency of the treatment of their claims. It contains commitments of La Poste in the fight against over-indebtedness and prevention thereof, in particular as regards the revolving consumer credit, and promotion of micro-credit. Six months before his term, the Government forwards to Parliament an interim assessment of implementation of the contract. ' Article 7 more on this article...

Section 10 of the Act reads as follows: «art.» 10 - Act No. 83-675 dated July 26, 1983 in the democratisation of the public sector applies to La Poste.
"However, by way of derogation from article 5 of this Act, the Board of Directors of La Poste is composed of twenty members. Representatives of each of the categories defined in the 1 °, 2 ° and 3 ° of article 5 are seven. A representative of the municipalities and their groupings is among the personalities chosen because of their skills. A representative of the users of La Poste is also among personalities chosen because of their skills.
"As a legal entity of public law, other that the State, referred to in article 1 and 2 of this Act I has a share of the capital of La Poste, the Board of Directors of La Poste is composed by derogation from the second, third and fourth sentences of the second paragraph of this article and article 5 of Act No. 83-675 dated July 26, 1983 : "― for a third party, the employee representatives elected in the conditions laid down in chapter II of title II of Act No. 83 - 675 of July 26, 1983, supra;
"― to two-thirds, a representative of the municipalities and their groupings, one representative of users appointed by Decree and representatives appointed by the General Assembly of shareholders so as to ensure representation reflecting their detention of capital and allowing them to hold together the majority of the voting rights in the Governing Council. ''


Article 8 more on this article...

Article 11 of the same Act reads as follows: «art.» 11. - the president of the Board of Directors of La Poste is appointed by Decree. He is the General Director of La Poste. ' Article 9 more on this article...

Article 23 of the Act is amended as follows: 1 ° A the first sentence of the second subparagraph, the words: "by La Poste of its obligations' shall be replaced by the words: 'by La Poste and its subsidiaries from their obligations" and the words: "of his contrat de plan" by the words: "of the contract referred to in article 9 '.
2 ° the second sentence of the second subparagraph, the words: "The post Office passes" are replaced by the words: "La Poste and its subsidiaries provide."
3 ° after the word: 'previous', the end of the third paragraph reads as follows: "by La Poste or one of its subsidiaries, the invalidity of the assignment or the contribution may be requested by the State therefore that the sale price of the real estate concerned exceed a threshold set by order of the responsible Minister positions."


Article 10 more on this article...

I. ― article 29-4 of the same Act reads as follows: «art.» 29 - 4.-A effective March 1, 2010, the body of officials of La Poste are attached to the company La Poste and placed under the authority of its president, who has the powers of appointment and management towards them. The latter may delegate his powers of appointment and management and authorize the subdelegation in form, procedure and time conditions laid down by Decree in Council of State.
"The president of La Poste may establish incentives and allowances to officials of La Poste, which can be modulated to take account of developments on other elements of the remuneration of officials as they result from article 20 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants.
"Personnel officials from post remain subject to sections 29 and 30 of this Act."
II. — after the first paragraph of article 30 of the same Act, it is inserted a paragraph as follows: "La Poste can establish a complementary group plan required of social protection for the benefit of its personnel referred to in articles 29 and 44 of this Act, under the provisions of article L. 911 - 1 of the code of social security and in the manner specified by Decree. '' Contributions from the position intended for the financing of benefits under this scheme are excluded from the base of contributions and social security contributions paid by the employer with regard to personnel referred to in articles 29 and 44 of this Act under the conditions laid down by article l.242 - 1 of the code of social security. For the calculation of the net taxable income personnel referred to in articles 29 and 44 of the Act, contributions made pursuant to this paragraph are treated as contributions and premiums referred to in 1 ° c of section 83 of the general tax code. ' Article 11 more on this article...

I. ― after article 29-5 of the same Act, it is an article inserted 29-6 worded as follows:

«Art.» 29-6.-La Poste employees affiliated with the Institution of supplementary pension of non-licensed agents of the State and the public authorities at the date of accession of the company La Poste to complementary pension institutions referred to in article L. 922 - 1 of the code of social security remain affiliated until the breach of contract which binds them to their employer or their transfer to an adherent enterprise of an institution referred to in the same article L. 922-1.
"The rights acquired by these affiliates, previous members, as well as their successors are maintained at the Institution of supplementary pension of non-licensed agents of the State and public communities.
"An agreement between the federations of complementary pension institutions referred to in article L. 922 - 4 of the code of social security and the imposition of supplementary pension of non-licensed agents of the State and public communities organized financial transfers between these bodies taking into account charges and respective revenues. '' The absence of signature of the convention in June 30, 2010, a decree in Conseil d'Etat organises these financial transfers.
"The accession of the company La Poste to complementary pension institutions referred to in article L. 922 - 1 of the same code occurs within six months of the signing of the convention mentioned in the third paragraph of this article and no later than 31 December 2010.".
II. — the first paragraph of article 31 of the same Act reads as follows: "La Poste employs contractual agents under the regime of collective agreements."


Article 12 read more on this article...

Article 32 of the Act is amended as follows: 1 ° the first paragraph is preceded by the words: "I. ―" and references: "articles L. 441 - 1 L. 441 - 7» are replaced by the reference:"of title I of Book III of the third part ";
2 ° the third paragraph is preceded by the words: 'III. ―", the words: 'Each establishment or group of establishments of the public operator' shall be replaced by the words:"Each establishment or group of establishments of La Poste"and the words: 'plan of the public operator contract' shall be replaced by the words:"contract referred to in article 9 '.
3 ° the fourth paragraph is replaced by four paragraphs thus worded: "the other provisions of Book III of the third part of the code of the work, with the exception of title II, are applicable to all of the staff of the post office, including those referred to in articles 29 and 44 of the Act. Capital increases or sell reserved shares may be carried out in one or more mutual funds business, in accordance with articles L. 3332-18 et seq. of the labour code, subject to the following provisions.
"The value of the company is set by the Commission for investments and transfers within a maximum period of one month from date of its referral by the Minister responsible for the economy. This assessment is conducted according to objective methods commonly practised in total or partial assets of companies assignment taking account, according to a weighting appropriate for each case, the value of the assets, of the profits, the existence of subsidiaries and future prospects. It is made public. The transfer price is determined on the basis of the value of the company thus determined. The subscription price is fixed in accordance with the last paragraph of article L. 3332-20 of the labour code no later than sixty days after the date of the valuation.
"Staff of La Poste and its subsidiaries as well as their successors may hold only a minority share of the capital of La Poste.
'Title II of Book III of part III of the labour code may be extended to all the personnel of the post office under conditions laid down by Decree in Council of State.';
4 ° the last subparagraph shall become the third subparagraph and is preceded by the words: "II. ―"and references: 'Chapters II, III and IV of title IV of book IV' are replaced by the reference: 'titles II, III and IV of Book III of the third part.


Article 13 read more on this article...

Is inserted after article 32-2 of the Act, an article 32-3 worded as follows: «art.» 32-3.-la Poste may proceed to free allocations of shares under the conditions provided for in articles L. 225-197-1 to L. 225-197-5 of the commercial code, subject to the provisions of section 32 of this Act III. These assignments can benefit also to the post office staff referred to in articles 29 and 44 of the Act. At the end of the vesting period mentioned in the fifth paragraph I of article L. 225-197-1 of the commercial code, shares granted for free are made to one or more business investment funds. The obligation of conservation provided for in the same I is applicable to the mutual fund of company shares received in Exchange for the contribution.
"For the free allotment of shares referred to in the first paragraph, the value of the company is fixed and made public in the same conditions as those laid down in the third paragraph of article 32 of the Act III. In addition, in the same period of one month from date of its referral by the Minister in charge of the economy, the Committee on contributions and transfers can if oppose the operation if the conditions thereof are not consistent with the patrimonial interests of public persons. The opposition of the commission is made public. Free shares must be attributed no later than sixty days after the date of the assessment. ' Article 14 more on this article...

Section 48 of the Act is thus restored: «art.» 48.-I. — the initial Statute of the company La Poste and transitional rules for its management until the installation of the statutory bodies are determined by a decree in Council of State. From the installation of the statutory bodies, these articles may be amended under the conditions laid down in the code of commerce for public limited companies.
«II. ― the accounts for the year 2009 of the public operator La Poste are approved under the conditions of ordinary law by the General Assembly of the company La Poste. The balance sheet as at December 31, 2010 of the company La Poste is made up from the balance sheet as at December 31, 2009 the public operator and income of fiscal 2010.
"III. — the staff representatives elected in office on the date of February 28, 2010 shall remain in office until the term of their mandate and under the conditions laid down by Act No. 83-675 dated July 26, 1983.
"IV. — the transformation of La Poste into a Société anonyme shall not affect the mandate of its Commissioners to current accounts on the date of this transformation."


Article 15 read more on this article...

I. ― the Act is amended: 1 ° in article 1 is repealed;
2 ° to the first paragraph of article 12, the words: "from each" shall be deleted;
3 ° to each occurrence in the first paragraph of article 12, in article 27, in the second paragraph of article 30, in the second and eighth paragraphs of article 33 and paragraph 1 of article 34, the words: 'the public operator' shall be replaced by the words: 'La Poste ';
4 ° in article 20, the words: 'persons' shall be inserted the words: 'and telecommunications' and the words: 'carried out by La Poste postal public' are replaced by the words: "universal postal as defined by article L. 1 of the code of posts and electronic communications, made by the claimant in France of the universal postal service as indicated in article 2 of the code";
5 ° to 3 ° of the I of article 21, each occurrence of the words: 'operator' shall be replaced by the words: "this society."
6 ° to the first paragraph of article 33-1, the words: 'the public operator' shall be replaced by the words: "the company";
7 ° the second sentence of article 4 is deleted;
8 ° article 8 is amended as follows: a) the first subparagraph is deleted;
(b) in the second paragraph, the word: "also" is deleted and the words: 'the public operator' shall be replaced by the words: 'La Poste ';
9 ° to the second paragraph of 3 ° of article 21, the year I: '1996' shall be replaced by the year: "2010";
10 ° sections 7, 14, 15, 19, 24, 25, 26, 28, 36, 39 and 40 shall be repealed;
11 ° (a) in article 27, the words: ", in the context of the regulatory provisions specifying the rights and obligations and in accordance with the principles laid down in article 25" shall be deleted;
12 ° the 29-1 article 1 is amended as follows: a) in the fourth paragraph, references: "in titles II and III of book IV' are replaced by references:"in titles Ier in IV of Book III of the second part ";
(b) at the beginning of the second sentence of the fifth paragraph, the words: 'Titles III and IV as well as chapters III and IV of title VI of book II of the labour code are applicable' shall be replaced by the words: 'the fourth part of the labour code shall apply. ";
13 ° in article 30 bis, the words: ' Act No. 87-517 of 10 July 1987' shall be replaced by the words: "of the labour code".
14 ° at the beginning of article 31-3, the words: 'titles III and IV of book II of the labour code apply' shall be replaced by the words: "the fourth part of the labour code applies.
15 ° article 33 is amended as follows: has) in the first subparagraph, the words: "and in particular common associational activities" shall be deleted;

(b) in the third paragraph, the words: "not on no social activities" are deleted, words: ' a representative of each of the two operators' shall be replaced by the words: "a representative of the post office and a representative of France Telecom" and the word: 'guarantees' shall be replaced by the word: 'ensure ';
(c) the fourth, seventh, ninth and tenth paragraphs shall be deleted;
16 ° (a) the first sentence of the second paragraph of article 34, the words: 'plan of the public operator contract' shall be replaced by the words: "contract referred to in article 9 '.
II. ― to article l 323-8-6-1 of the code of the work, the words: 'public operator La Poste' are replaced by the words: "La Poste".


Article 16 read more on this article...

In the first paragraph of article l 323 - 2 of the code of labour, the words: 'public operator La Poste' are replaced by the words: "the position until December 31, 2011.


Article 17 read more on this article...

4 of article 261 of the general tax code is supplemented by a 11 ° as follows: ' 11 ° supplies of services and the supply of goods incidental to these benefits, with the exception of the transportation of persons and telecommunications, covered by the universal postal service as defined by article L. 1 of the code of the post and electronic communications, made by the claimant in France of the universal postal service as designated in article L. 2 of the same code.»

Title II: Provisions TRANSPOSING DIRECTIVE 2008/6/EC of 20 February 2008 and amending certain provisions of the CODE of posts and COMMUNICATIONS electronic Article 18 more on this article...

Article L. 1 of the post and electronic communications code is amended as follows: 1 ° to the first sentence of the second paragraph, after the word: 'wrapping', shall be inserted the words: ", including in the form of coded coordinates ';
2 ° the fourth paragraph is supplemented by a sentence as follows: "prices are cost-oriented and provide incentives for an efficient provision, taking into account the characteristics of the markets on which they apply.";
3 ° at the beginning of the fifth preambular paragraph, the word: «It» is replaced by the words: "universal postal service";
4 ° after the fifth paragraph, inserted a paragraph as follows: "postal items unit services provided by the provider of the universal postal service are offered at the same rate throughout the metropolitan territory. The fee applied to items of correspondence to the unit originating and destined for the overseas departments, Mayotte, Saint Pierre and Miquelon, Saint-Barthélemy, Saint-Martin, Wallis and Futuna Islands and southern and Antarctic is that in force on the metropolitan territory where these mailings fall under the first tranche of weight. It goes items of correspondence to the unit under the first tranche of weight from the metropolitan or to the previously mentioned communities and destination of French Polynesia and New Caledonia. » ;
5 ° the last paragraph is deleted.


Article 19 more on this article...

The first four paragraphs of article 2 of the same code are replaced by two paragraphs thus worded: "La Poste is the provider of the universal postal service for a period of fifteen years from January 1, 2011.". Every three years, the Government, after the opinion of the High Commission for public service positions and electronic communications and electronic communications regulatory authority and positions, inform Parliament of the implementing conditions by La Poste of its mission of universal postal service as well as the means used in work to improve it.
«Extra obligations resulting from the authorisation provided for in article L. 3 universal postal service provider is exposed to the benefits of this service, in particular for quality and accessibility of the service obligations, users claims processing and, for defined benefit, of compensation for breaches of service quality commitments. '' It takes a specific accounting on its activities in the field of universal service. It transmits, at the request of the authority of regulation of electronic communications and post, any information and any accounting document to ensure the control of compliance with its obligations. "Article 20 more on this article...

The first paragraph of article L. 2 - 1 of the code reads as follows: "of the universal service provider may enter into, with items of correspondence in many shippers, intermediaries grouping items of correspondence from several clients or the owners of the authorization provided for in article L. 3, contracts derogating from the General conditions of the universal service on offer, including special rates for business services , in compliance with the rules laid down in the fourth paragraph of article l.. 1. ' Article 21 more on this article...

Article L. 2 I - 2 of the same code is amended as follows: 1 ° paragraph 1 is supplemented by a sentence as follows: "this Fund ensures the financing of the net costs of universal service obligations."
2 ° the second to fourth paragraphs read as follows: "the accounting and financial management of the Fund is provided by a public institution. Exposed by hotel management fees are charged to the Fund's resources.
"The authorisation provided for in article L. 3 incumbent postal service providers contribute to compensation for universal postal service Fund. The contribution of each claimant to the Fund is calculated in proportion to the number of mailings that it routes within the scope of the universal service defined in the fifth paragraph of article L. 1. These providers keep accounts to identify the benefits on which sits the contribution. Any provider who carries a number of items of correspondence below a threshold set by Decree is exempted from contribution to the Fund.
"The amount of the net contributions authorized postal service providers shall be liable to the Fund and the amount of money owed by the Fund to the universal postal service provider to ensure this service obligations are determined by the electronic communications regulatory authority and positions. '' To do that, and notwithstanding the accounting information submitted in respect of the 6 ° of article L. 5 - 2, the authority may apply to the provider of the universal service any information and study it has to objectively assess the incremental costs associated with the provision of universal service. Contributions are recovered by the public institution mentioned in the second paragraph of this article as in the tax on the turnover with the security, guarantees, privileges and sanctions applicable to this tax. Claims are submitted, investigated and deemed as for this tax. "Article 22 more on this article...

I. ― article L. 3 of the same code provides as follows: 'Art.L. 3. - the postal services on shipments of domestic and cross-border correspondence are provided by any provider of postal services, subject to obtaining an authorisation issued by the regulatory authority for electronic communications and posts under the conditions laid down in article L. 5 - 1. However, this permission is not required if these services are limited to internal correspondence and do not include distribution. "II. — to the second sentence of the first paragraph of article L. 5 - 1 of the same code, the word: 'ten' is replaced by: 'fifteen '.


Section 23 read more on this article...

Article L. 3 - 2 of the code is amended as follows: 1 ° after the b, inserted a (b) bis as follows: b. bis.) ― Ensure the secrecy of correspondence, as well as the neutrality of the postal services with regard to the identity of the sender and the nature of postal items; » 2 ° are added the e, f, g and h as follows: ' e) implement simple, transparent and free of claims processing procedures and respect the interests of the users with regard to the obligations laid down in article L. 7;
' f) ensure access to services and facilities to persons with disabilities under the conditions laid down in article L. 111-7-3 of the code of construction and housing;
«g) meet the statutory and conventional obligations applicable to labour law and the social security legislation in force, without prejudice to the specific provisions applicable to personnel having, where appropriate, the status of officials;
'h) respect public order and national defence-related obligations.'


Section 24 read more on this article...

Article L. 3-4 of the code is repealed.


Article 25 more on this article...

After the third paragraph of article L. 5 - 1 of the code, a subparagraph worded as follows shall be inserted: "electronic communications and postal regulation authority is informed by the holder of the authorization of any changes likely to affect the sustainability of its operations. The holder of the authorization shall communicate to the regulatory authority electronic communications and posts the modalities of the device, to ensure the continuity of the treatment of items of correspondence in case of receivership or liquidation. ' Article 26 more on this article...

Article L. 5 - 2 of the code is amended as follows:

1 ° the 3 ° and 4 ° read as follows: «3 ° decides, after consideration of the proposal by La Poste or, absence of proposals, office after to have informed it, characteristics of multi-year fees for services of the universal service framework could, where appropriate, distinguish between shipments bulk shelled mailings, and ensures their respect. '' It is informed by the post office, before their entry into force, tariffs of the services of the universal service. Within a period of one month as from the transmission of these rates, it issues a public notice. It takes into account, in its decisions, or notice, of the competitive situation of the markets, in particular for the review of the rates of postage in number, and ensures in this framework to ensure sustainability of universal service while ensuring the exercise of fair competition. It alters or suspends the proposed tariffs of any benefit under the universal service if the tariff principles applicable to universal service are manifestly not respected;
«4 ° ensures the respect of the quality of the universal service objectives set by order of the Minister responsible for postal arrangements established by order in Council provided in article L. 2, as well as to the publication and the reliability of the quality of the corresponding benefits measures; It made annually by an independent body a study of quality of service that it publishes; ("2 6 ° ° is amended as follows: has) the first sentence, after the word: 'costs', shall be inserted the words:"enabling separation of common costs falling under the universal service of those who did not fall under ";
(b) the last sentence reads as follows: 'She publish a declaration of conformity relating to the universal service.'


Article 27 more on this article...

According to article L. 5-7 of the same code, it is inserted an article L. 5-7-1 worded as follows: «art.» 5-7-1. -The electronic communications regulatory authority and positions deals with claims of users of postal services which could not be met under the procedures put in place by authorized postal service providers. ' Article 28 more on this article...

Article 17 of the code reads as follows: "Art.L. 17 - is punishable by a fine of €50,000 due to provide items of correspondence in violation of article L. 3 or a decision of suspension of the authority granted under the same article. "Article 29 more on this article...

In the first paragraph of article 18 of the code, the words: "one of the offences" are replaced by the words: "the defined offence.


Section 30 read more on this article...

The first sentence of article 19 of the code, the words: "one of the offences" are replaced by the words: "the defined offence.


Article 31 read more on this article...

In the first paragraph of article 29 of the same code, after the words: 'postal', shall be inserted the words: "counterfeit objects as well as.

Title III: Provisions Article 32 in the miscellaneous more on this article...

Title I enter into force on March 1, 2010.


Article 33 read more on this article...

Title II comes into force January 1, 2011.
This Act will be enforced as law of the State.

Done at Paris, February 9, 2010.
Nicolas Sarkozy by the President of the Republic: Prime Minister, François Fillon Minister of economy, industry and employment, Christine Lagarde Minister of labour, social relations, family, solidarity and the city, Xavier Darcos the Minister for the budget, public accounts, the public service and State reform Eric Woerth Minister of rural space and spatial planning Michel Mercier the Minister to the Minister of economy, industry and employment, responsible for industry, Christian Estrosi (1) Act No. 2010-123.
— Preparatory work: Senate: Bill No. 599 corrected (2008-2009);
Report of Mr. Pierre Hérisson, on behalf of the Committee on economy, no. 50 (2009-2010);
Text of the commission No 51 (2009-2010);
Discussion 2, 3, 4, 5, 6, 7, 8 and 9 November 2009 and adoption, after procedure has accelerated, November 9, 2009 (TA No. 16, 2009-2010).
National Assembly: Bill, passed by the Senate, no. 2060;
Report of Mr. Jean Proriol, on behalf of the Economic Affairs, no. 2138;
Discussion on 15, 16 and 17 December 2009 and adopted on December 22, 2009 (TA No. 388).
Senate: Bill, amended by the National Assembly, no. 189 (2009-2010);
Report of Mr. Pierre Hérisson, on behalf of the joint mixed commission, no. 192 (2009-2010);
Discussion and adoption (TA No 51, 2009-2010), December 23, 2009.
National Assembly: report of Mr. Jean Proriol, on behalf of the joint mixed commission, no. 2209;
Discussion and adoption on January 12, 2010 (TA No. 392).
― Constitutional Council: Decision No. 2010-601 on February 4, 2010 DC published in the Official Journal of that day.

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