JORF n ° 0110 May 13, 2010 text no 98 Decision No. 2010 - March 23, 2010 0365 authorizing the company ARD SERVICES to exercise the provision of non-reserved postal services relating to items of correspondence NOR: ARTR1009014S ELI: not available the electronic communications and postal regulation authority, given the code positions and electronic communications, and in particular articles L. 3 , L. 5-1, R. 1-2-1 at R. 1-2-8;
Having regard to law No 2005 - 516 of 20 May 2005 concerning the regulation of postal activities;
Mindful of Decree No. 2006-507 of May 3, 2006 concerning the regulation of postal and amending activity code positions and electronic communications;
Considering the Decree of 3 May 2006 made pursuant to article R. 1-2-6 of the post and electronic communications code relating to the obligations of postal service providers holding of an authorization;
Having regard to the application for authorization of postal services July 29, 2009 by the company ARD SERVICES located 23, rue Charles-Chua, 49300 Cholet. RCS of Angers 411 188 063;
Having regard to the letter received January 26, 2010 by ARD SERVICES, in response to the request for further information of the electronic communications and postal regulation authority;
After deliberating on March 23, 2010, the company ARD SERVICES addressed to the authority of regulation of electronic communications and posts on July 29, 2009, an application for authorization to pursue the activity of non-reserved postal services relating to items of domestic correspondence including distribution.
The ARD SERVICES company is a limited liability company with a capital of seven thousand six hundred and twenty-two euro (€7 622).
July 29, 2009 the company ARD SERVICES request the provision of services relating to the collection, sorting, transport and delivery of items of correspondence out postal monopoly.
The authorization request addressed to the regulatory authority for electronic communications and posts respect the forms provided by the article R. 1-2-2 of the post and electronic communications code. It contains all the information referred to in article R. 1-2-3 of the post and electronic communications code.
This information is used to establish that none of the grounds for refusal referred to in article L. 5 - 1, paragraph 2, of the same code is enforceable against the company ARD SERVICES, decides: Article 1 the company ARD SERVICES is authorized to provide benefits of non-reserved postal services relating to items of correspondence including distribution in the conditions laid down in the annex and in compliance with legal and regulatory provisions.
Article 2 the authorization is issued for a period of ten years from the date of signature of the present decision. This permission is renewable.
Article 3 this authorization is linked to the person of the holder, and it can't be transferred to a third party.
Article 4 significantly affect the activity of the holder of this authorization shall be communicated to the electronic communications regulatory authority and positions to verify their compatibility with the conditions of the authorization.
Article 5 the Director of postal activities shall notify this authorization and its annex the ARD SERVICES company. This decision shall be given in the Official Journal of the French Republic.
Annex A N N E X E title I provisions SPECIFYING the characteristics of the activity authorized and the CONDITIONS for the exercise of its control by the authority of REGULATION of COMMUNICATIONS electronic and of posts these provisions fall under article L. 5 - 1 of the post and electronic communications code.
Chapter I characteristics of the authorized activity characteristics of the offer: collection, sorting, transport and distribution of mail off postal monopoly.
Area served: Cholet and the surrounding conurbation.
Claims procedure: in accordance with article 4 of the Decree of 3 May 2006 made pursuant to article R. 1-2-6 post and electronic communications, the provider code is available to users and the authority of regulation of electronic communications and posts claims processing procedures.
The mode of deposit is: — telephone number: 02-41-75-56-38;
― fax number: 02-41-75-56-38;
— e-mail: firstname.lastname@example.org items distributed by the company ARD SERVICES bear a marking with the trade name "Inter correspondence".
Chapter II Conditions relating to the exercise of control of the postal activity permitted by the regulatory authority for electronic communications and electronic communications regulatory authority posts and positions can exercise control of compliance with the conditions of the authorization.
Activity subject to authorization must be identified on the operational plan and the holder of this authorization provides access to the electronic communications regulatory authority and posts to its forecast of activity, its facilities, operational data and operating for the control of compliance with its obligations, in particular concerning distribution.
This control is carried out in the conditions defined by the post and electronic communications code, and in particular articles L. 5 - 3 and L. 5-9.
In the event of breach of the obligations referred to in this annex or in the legal and regulatory provisions applicable to the claimant, the electronic communications regulatory authority and positions takes the measure proportionate to the breach.
Title II recalls regulatory the holder of this authorization meets the following requirements, in accordance with the Decree No. 2006-507 of May 3, 2006 and the Decree of 3 May 2006 made pursuant to article R. 1-2-6 of the code postal and electronic communications relating to the obligations of postal service providers holding of an authorization.
Chapter III Conditions of safety of users, personnel and facilities of the provider of the service provider provides and makes available electronic communications and postal regulation authority: ― the rules for identification of employees for its activities of distribution of items of correspondence. They are carrying a business card bearing a photograph and indicating name, surname and the holder, name, address and possible abbreviation of the licensed provider of permission. They also carry a distinctive sign identifying this provider;
― the rules of organization of its activities and the conditions for their control. These rules are the subject of written procedures or, at the very least, descriptive schemas. They also toured tracking and identification of employees who have carried out.
The claimant provides sufficient guarantees on its treatment capacity of items of correspondence in case of receivership or liquidation, by providing a means to deal with this eventuality. This system will enable either routing and distribution of items of correspondence, or their return to the transmitter. The holder is the provision of the electronic communications regulatory authority and posts a description of this device.
The provider implements the necessary means to ensure the closure and the protection of its premises, such as storage of items of correspondence areas.
The provider shall available to users and the authority of regulation of electronic communications and posts, at the request thereof, a presentation of the commercial offer including the General conditions of sale and pricing conditions.
The claimant shall ensure compliance by its employees to the provisions adopted in application of article L. 5-10 of the code of the post and electronic communications for distribution activities of items of correspondence which are subject to the authorization provided for in article L. 3 of the same code.
Chapter IV Conditions of confidentiality of the dispatches of correspondence and integrity of their content provider takes the necessary measures to ensure the secrecy of correspondence.
The claimant is required to bring to the knowledge of its staff, in particular the employees assigned to the treatment of remittances, penalties and obligations which they incur in respect of the provisions of the penal code, and in particular under articles 226-13, 226-15 and 432-9 relating to the secrecy of correspondence.
The claimant takes the necessary measures to ensure the integrity of the contents of shipments during the treatment. In addition, it shall, inside or outside its premises, effective protection against the risk of deterioration or theft of remittances.
The claimant defines the rules concerning the Organization of processing of items of correspondence. These rules must: ― be written;
― ensure the reliability and quality of postal activity implementation. They include, in a manner commensurate with the nature of the authorized activity, a device for measuring, detection and correction of the recorded malfunctions;
― providing remittances poorly distributed or non-distributed processing;
― to identify the provider dealing with items of correspondence by way of marking of the treated objects or by any other equivalent process. The commonly used brands are transmitted to the regulatory authority for electronic communications and posts at his request. These marks are sufficiently explicit to permit identification of the claimant having affixed the mark.
In cases where several providers are involved, the marking of the folds (or any other equivalent process) allows to identify at least one of the claimants involved and to reconstruct the complete delivery chain.
Chapter V Conditions allowing users access to simple, transparent and free claims processing procedures the service provider undertakes to allow users of its postal services simple, transparent, and free access to claims processing procedures.
The provider shall keep available to the users of the electronic communications regulatory authority and posts claims processing procedures.
They are written and can be withheld upon request. They provide contact information for the competent authority to deal with complaints and they include the mention of response times.
The claimant shall ensure the implementation of these procedures. The claimant shall periodically draw up spreadsheets on the treatment of claims, can be withheld at his request to the electronic communications regulatory authority and positions.
Chapter VI Conditions of protection of the personal data and protection of privacy of the users of postal services provider is required to bring to the attention of its staff obligations and penalties incurred in respect of the provisions of the penal code relating to the protection of personal and data privacy protection.
The claimant takes measures to ensure the protection, integrity and confidentiality of the data personal that he holds and he treats.
Chapter VII Conditions of preservation of the environment the claimant ensures that its services are provided under technical conditions respecting the objective of preservation of the environment.
Chapter VIII requirements for subcontractors and agents when the claimant appeals to subcontractors or agents, shall ensure in contractual relations with them to the compliance of the Decree of 3 May 2006 made pursuant to article R. 1-2-6 of the code postal and electronic communications relating to the obligations of postal service providers holding of an authorization.
Chapter IX Conditions for the provision of statistical information to the regulatory authority for electronic communications and posts the claimant provides each year to the regulatory authority for electronic communications and posts the statistical information on traffic, sales, products, proposed bids, coverage area and the terms of access to its services under the conditions laid down in article R. 1-2-7 the post and electronic communications code.
Chapter X Conditions related to significant changes that may require the application of a new authority in application of article r.. 1-2-8 post and electronic communications code, may significantly affect the elements contained in article R. 1-2-3 of the code of posts and electronic communications subsequent to the granting of the authorisation shall be brought to the knowledge of the electronic communications regulatory authority and positions which can by reasoned decision, indicate to the person concerned there instead of submitting a new application for authorisation.
Chapter XI requirements for renewal of the authorization three months before the expiry of his leave, the claimant made a new request for authorization to the authority of regulation of electronic communications and posts, in the manner provided for an initial application.
Done at Paris, on March 23, 2010.
President, j. Silicani