Key Benefits:
Publics concerned: La Poste, ARCEP, local elected officials, and more broadly all La Poste clients benefiting from an extended postal presence, especially in rural areas.
Purpose: method of assessing the net cost of the complementary mesh allowing La Poste to perform the land use planning mission.
Entry into force: the text comes into force on the day after its publication.
Notice: the net cost of territorial mesh, constituting the planning mission of the territory of La Poste, is assessed annually by the Authority for the regulation of electronic communications and posts.
This decree specifies the methodological principles for calculating the net cost of the mission. It is a question of determining the cost incurred by La Poste as a result of the complementary mesh of its network, which would be avoided in the absence of the land use requirement. This avoided cost is reduced, if any, by the revenues resulting from this complementary mesh, which would be lost in the absence of a land use obligation, and increased by an appropriate share of the costs common to the postage activity.
Reference: The text can be found on the website Légifrance (http://www.legifrance.gouv.fr).
This decree is taken for the application of theArticle 4 of Act No. 2010-123 of 9 February 2010 relating to the public company La Poste and postal activities.
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Considering the post and electronic communications code;
Vu la Act No. 90-568 of 2 July 1990 amended on the public service of the position and France Télécom, including the IV of its article 6;
Vu la Act No. 95-115 of 4 February 1995 modified orientation for the development and development of the territory;
See?Order No. 2004-503 of 7 June 2004 transposition of Directive 80/723/EC on transparency of financial relations between member States and public enterprises;
Vu le Decree No. 2006-1239 of 11 October 2006 relating to La Poste's contribution to the development of the territory;
Having regard to the opinion of the Commission Supérieur du Service Public des postes et des communications électronique of 8 September 2010;
Considering the opinion of the Electronic Communications and Post Regulatory Authority of 22 July 2010;
The State Council heard,
Decrete:
Complementary mesh to ensure the land development mission mentioned in the IV of Article 6 of the above-mentioned Act of 2 July 1990 corresponds to the number of points of contact deployed by La Poste to enable it to carry out this mission, in addition to those resulting from the sole obligation of accessibility of the universal service as defined in Article R. 1-1 of the Post and Electronic Communications Code, provided that these additional points of contact are necessary to meet the criteria of the Post and Electronic Communications Code. last paragraph of Article 6 of the Act of 2 July 1990 referred to above or to have at least 17,000 points of contact.
The net cost of this complementary mesh is equal to the cost avoided in its absence, reduced revenue lost in its absence.
The assessment of the net cost set out in Article 2 is based on the costs and revenues derived from the La Poste's accounting and the additional accounting information and documents provided to the Autorité de régulation des communications électronique et des postes, in accordance with the IV of Article 6 of the above-mentioned Act of 2 July 1990.
The costs and revenues taken into account are those corresponding to the territorial postal presence of La Poste and associated means.
As such, the Electronic Communications and Post Regulatory Authority shall be notified of the results of the audits of the auditors relating to the charges relating to the activities of La Poste's point of contact.
The avoided cost referred to in Article 2 is equal to the costs attributable to the reduced additional mesh of the additional costs that, in the absence of this mesh, would be borne by the points of contact maintained, as a result of the application referred to therein, and increased by an appropriate share of the common costs to the complementary mesh and the points of contact maintained. In the absence of a direct or indirect cost allocation factor, these costs are charged proportionally to the direct and indirect costs of the contact points network activities.
The lost revenues referred to in Article 2 are equal to revenues attributable to the supplementary mesh, including, where applicable, revenues resulting from duly recognized intangible benefits, which La Poste withdraws from it, reduced revenues that, in the absence of this mesh, would be in the maintained contact points.
For the calculation of the net cost set out in Article 2, the Authority for the regulation of electronic communications and posts shall ensure that all duplicates are excluded with the calculation of other public service missions.
The Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts and State Reform, spokesman for the Government, the Minister of Agriculture, Food, Fisheries, Rurality and Land Management, and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy,
Done on 18 July 2011.
François Fillon
By the Prime Minister:
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
Minister of Economy,
finance and industry,
François Baroin
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
