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Opinion No. 2011-1509 Of December 22, 2011 On A Draft Decree To La Poste, Quality Of Service Targets For The Years 2011 And 2012, In Respect Of The Universal Service Offer That La Poste Is Required To Provide Pursuant To...

Original Language Title: Avis n° 2011-1509 du 22 décembre 2011 sur un projet d'arrêté relatif aux objectifs de qualité de service fixés à La Poste, pour les années 2011 et 2012, au titre de l'offre de service universel que La Poste est tenue d'assurer en application ...

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JORF n ° 0033 of February 8, 2012
text no. 89



Opinion n ° 2011-1509 of 22 December 2011 on a project d 'decree relating to the quality of service objectives set at La Poste, for the years 2011 and 2012, under the heading of#039service offered by La Poste D ' ensure in application of l ' item L. 2 of the electronic mail and communications code

NOR: ARTR1202284V ELI: Not available



The Electronic Communications and Postal Regulatory Authority,
Due to the amended Directive 97 /67/EC of the European Parliament and of the Council of 15 December 1997 concerning common rules for The development of the internal market in Community postal services and the improvement of the quality of service (hereinafter ' Postal directive);
Given the postal code and electronic communications, and in particular its articles L. 2, L. 5-2 (4 °), R. 1-1-8;
Seen the Law n ° 2010-123 of 9 February 2010 relating to the public company La Poste and postal activities;
In view of the decree of 22 July 2008 on the quality of service objectives set at La Poste for the year 2008 in respect of the universal service offer that La Poste is To ensure in accordance with Article L. 2 of the Postal Code and of the Electronic communications;
Having regard to the order of 8 June 2009 relating to the quality of service objectives set at La Poste for the year 2009 under the universal service offer which La Poste is required to provide pursuant to Article L. 2 of the Postal code and electronic communications;
In view ofOpinion No. 2008-0216 of 11 March 2008 on a draft decree on the quality of service objectives set out in La Position under the universal service provision that La Poste is required to provide in Application of Article L. 2 of the postal code and electronic communications;
In view ofOpinion n ° 2009-0243 of 2 April 2009 on a draft order concerning objectives Of the quality of service established at La Poste in respect of the universal service offering which La Poste is required to provide pursuant to Article L. 2 of the Code of Posts and Electronic Communications;
Seen notice n ° 2011-0416 of April 7, 2011 relating to a modification of the universal postal service catalogue;
Given the catalogue of the commercial offers of La Poste under the universal postal service as of 1 October 2011;
Seen the request for an opinion from the Minister Industry, Energy and the Digital Economy as of December 9, 2011;
After deliberation on December 22, 2011,


I. -Background


CPCE Article R. 1-1-8 provides that " The Minister responsible for posts, after having placed the universal service provider in a position to submit his observations and having obtained the opinions of the Electronic Communications Regulatory Authority and the posts and the committee Of the public postal service and electronic communications, shall establish quality objectives applicable to the benefits of the universal service which it determines. These objectives relate to the timeliness and reliability with which these benefits are provided. "
In accordance with these provisions, the Minister for Industry, Energy and Digital Economy seized the Authority for opinion on a draft decree on 9 December 2011. Relating to the quality of service objectives set at La Poste, for 2011 and 2012, in respect of the universal service offering which La Poste is required to provide pursuant to Article L. 2 of the Code of Postal and Electronic Communications
. The Authority has previously issued the following opinions:
- opinion n ° 2008-0216 of 11 March 2008 on a draft decree on the quality of service objectives set at La Poste As part of the universal service offering. These objectives were inspired by an annex to the public service contract between La Poste and the state for the years 2008 to 2012 describing a " Indicative trajectory of quality of service " ; the Authority had reservations about the proposed objectives, inter alia, on the discrepancy between an annual approach setting objectives and the normative nature of those objectives, which is the result of the regulatory framework (" postal services Meeting specified quality standards " According to Article L. 1) and the relatively low incentive nature of these objectives whose values were, for some, set below the observed results;
-Opinion n ° 2009-0243 of 4 March 2009 on a draft order setting the objectives 2009;
-opinion n ° 2010-0874 of 24 June 2010 on a draft decree setting the 2010 objectives, however, this order has never been published.
The objectives proposed in 2009 and 2010 are of the same nature as those contained in the draft decree submitted In 2008, the Authority recalled, in its opinions from 2009 and 2010, the proposals made In the 2008 opinion. In the absence of publication, in 2010, of the objectives of the universal service quality, the objectives set out in the 2009 decree have, in the absence of a provision to the contrary, continued to apply in 2010, without hindering the formulation of the title of this Text, which has no normative value.


II. -The draft decree


The following table puts into perspective the historical objectives adopted or envisaged by the minister responsible for posts and the corresponding measured values transmitted by La Poste in its refunds to the ARCEP and Published in the universal service dashboard.


PRODUCT
OBJECTIVES 2008
(Order
22 July 2008)
OBJECTIVES 2009
(Order dated June 8, 2009)
OBJECTIVES 2010
OBJECTIVES 2011
OBJECTIVES 2012

Priority Letter

J + 1

83 %
(realized: 83.9 %)

84 %
(realized: 84.7 %)

84 %
(realized: 83.4 %)

85 %

85 %


J + 2

95 %
(realized: 96.8 %)

95.5 %
(realized: 96.8 %)

95.5 %
(realized: 96 %)




J + 3




, 1.2 %

, 1.2 %

Verte Letter

J + 2





90 %

Community cross-border mail

J + 3

85 % (realized:
import: 97 %
export: 95.4 %)

88 % (realized :
import: 95.7 %
export: 94.4 %)

88 % (realized:
import: 92.7 %
export: 90.4 %)

90 %

90 %


J + 5

97 % (realized:
import: 99.5 %
export: 99 %)

97 % (realized:
import: 99.3 %
export: 98.7 %)

97 % (realized:
import: 98.7 %
export: 99.6 %)

97 %

97 %

Colissimo window

J + 2

85 %
(realized: 85 %)

86 %
(realized: 87.7 %)

86 %
(realized: 84.8 %)

87 %

87 %


J + 3

95 %
(realized: 96.3 %)

95 %
(realized: 96.6 %)

95 %
(realized: 95.2 %)




J + 4




, 2 %

, 2 %

Colissimo ATM

J + 2




87.5 %

88 %

Response rate to domestic mail complaints within 21 days

90 %
(realized: 97.7 %)

90 %
(realized: 95.3 %)

90 %
(realized: 99 %)

95 %

95 %


Response rate to package claims within 21 days

(realized: 94.7 %)

(realized: 98.9 %)

(realized: 99.37 %)

95 %

95 %


Recommended Letter

Loss

Measure Compliant
to EN 14137

compliant measure
to EN 14137

compliant measure
to EN 14137


Measure Compliant
to EN 14137

 

J + 2

No objective
(realized: 90.9 %)

No objective
(realized: 88.7 %)

No objective
(realized: 85.8 %)


88 %


For quality of service measures, the draft order states that:
" The measurement of the quality of service of the Colissimo desk must be carried out according to a method which must be computerized, explained and auditable " ;
" For 2012, the quality of service measure of the recommended letter and the green letter should be carried out on the basis of a representative sample of the flows and taking into account the elements of routing, deposit and distribution of these Shipments " ;
" The methodology for the processing of claims must be in accordance with the principles advocated in the European standard EN 14012. ;
" For the recommended letter, La Poste must measure the loss of these objects according to the European standard EN 14137 from the year 2012 ".
With regard to the objectives, the draft decree brings the following developments:
-for the priority letter and for the colissimo window, the introduction of targets for excessive delays (distribution beyond J + 3 for priority letter and distribution beyond J + 4 for the colissimo window) and, Correlating, the disappearance of targets on intermediate distribution times;
-for the green letter, the creation, starting in 2012, of a delay target in J + 2;
-the creation of an objective relating to The timing of the distribution of the colissimo box by electronic postage;
-the creation of an objective on the response time to the claims for the package;
-the creation of an objective on the delivery times of the recommended letter; this objective relates to the percentage of letters recommended Distributed in J + 2 at most.


III. -Quality of service measurement methods


a) As regards the quality of service measure of the green letter:
If the Authority understands that the measure set up for the year 2012 is of a transitional nature, in particular by Because of the lack of information on the actual traffic of the green letter or their characteristics, it considers it necessary that the measurement of the deadlines for the carriage of the green letter be carried out on the basis of the methodology laid down in the EN standard 13850 starting in 2013.
b) Regarding the quality measure of the recommended letter:
The Authority notes that the draft decree provides, on the one hand, that the rate of loss of the recommended letter be measured in accordance with the European standard EN 14137 and, on the other hand, that the time limit for the delivery of the letter to J + 2 of that same letter Recommended be measured " On the basis of a representative sample of the flows ".
The Authority considers that, if the standard EN 14137 is primarily for the purpose of estimating the rate of loss and aberrant delay in the recommended letters, its methodology, which is based on a As a comprehensive account of shipments, it is entirely appropriate for the measurement of delivery times in J + 2.
As such, it is of the view that it is not appropriate to provide for two independent measurement systems with respect to the recommended letter. It considers that the two indicators for the quality of the recommended letter should be measured in accordance with the EN 14137 standard.


IV. -On objectives and their level


a) On the principle of setting objectives on an annual basis and on their level:
The ARCEP underlined in its 2008 opinion that the objectives should carry relevant information And allow users to correctly anticipate the quality of service they can expect. The Authority therefore considers that the reference service quality levels should be at least at a rate close to 95 % success in order to provide relevant information to the consumer.
In addition, these objectives should be stable And register in the medium-term horizon. The Postal Directive refers to a ' Which indicates that the function of these objectives is to establish in a sustainable manner the characteristics of the universal service benefits provided by La Poste.
The Authority regrets that the quality objectives of the service Universal fixed at La Poste fluctuates with respect to the observed achievements of La Poste, and does not give a clear signal as to what is expected of it in a structural way.
The setting of objectives by the Minister should be understood as aimed at Characterize the services provided to the consumer.
About the letter Priority and green letter:
La Poste marketed in 2011 a new universal service offering called " Green letter " With the expected characteristic a rate of distribution in J + 2 of 95 %. Therefore, the Authority considers that if a target J + 2 of 90 % in 2012 for the green letter is conceivable because it is a launch product calling for an adaptation of industrial processes, the target will have to be set at 95 % as early as 2013. Fulfil its function of characterising the offer.
The Authority also points out that the setting of quality of service objectives should be an opportunity to clearly distinguish between the characteristics of the green letter and those of the letter Priority to make informed choices available to consumers.
The Authority is of the opinion that the priority letter should have a significantly higher quality than today and should be close to a level of 95 %, which could then be accompanied by an increase in its Price differential with green letter. With regard to 2012 and taking into account the progress made in the first three quarters of 2011 (87 % of J + 1), the Authority proposes an objective of 88 % to consolidate this dynamic of progress
That, in relation to the priority letter of La Poste, establish a rate of " Excessive delay " In J + 3 is not appropriate and should be based on a period of J + 2. This would also be consistent with the existing indicator in J + 2, which is at a level of the order of 96 % and which should be maintained. Objective. Taking into account the progress made by La Poste in 2011, the Authority proposes that a target for distribution in J + 2 of the priority letter be set at a level of 97 %.
As regards the recommended letter:
The Authority stressed, in its The above-mentioned opinion as of 13 July 2010, that it is essential to determine whether or not the recommended letter is consignment " Priorities " And, as a result, provide the user with clear information on this point.
If the Community and national rules give no indication as to the priority or not of the service of the recommended consignments, as it is The current catalogue of the universal service, as well as the contractual and commercial conditions laid down by La Poste, the Authority considers that the recommended letter is a priority item and that it would thus be consistent with an objective in J + 1
However, the Authority does not ignore the technical features of the Recommended letter and conceives that a goal in J + 2 is set, but then it should be fixed at close to 95 % in view of the importance of this service to consumers. If the 88 % level proposed by the draft decree for 2011 is acceptable given the current levels achieved by La Poste, it will therefore have to be accompanied by more ambitious objectives.
This opinion will be transmitted to the Minister responsible for Industry and published in the Official Journal of the French Republic.
Done at Paris, 22 December 2011.



  • APPENDIX TO NOTICE




    SUBMITTING TEXT FOR NOTICE TO AUTHORITY
    PROPOSALS FOR AUTHORITY (RED)

    Article 1

    Article 1

    1 ° Service Quality Measures The priority letter and Community cross-border mail must be carried out in accordance with the European standard EN 13850.

    1 ° The quality of service of the priority letter and of the mail Community cross-border must be carried out in accordance with the standard European EN 13850.

    2 ° The measurement of the quality of service of the Colissimo desk must be performed according to a method which must be computerised, explained and auditable.

    2 ° Measure The quality of service of the window colissimo must be performed according to a method which must be computerised, explained and auditable.

    3 ° For 2012, the measurement of the quality of service and the letter Verte Shall be carried out on the basis of a representative sample of the flows and Taking into account the routing, deposit and distribution elements of these shipments.

    3 ° For 2012, the quality of service of the Verte letter should be measured on the basis of a representative sample And taking into account the routing, depot, and delivery elements of these shipments.


    4 ° The quality of service measure of the recommended letter must be Carried out on the basis of the methodology laid down in the standard EN 14137 from 2012.

    Article 2


    The filing and distribution days that are used in working days, the quality indicators and objectives of Service assigned to La Poste are defined in the table in the appendix.


    Article 3


    Claims processing Shall be the subject of an annual report showing the number of Mail and parcel claims and the methodology used. The measurement method shall conform to the principles recommended in the European standard EN 14012.


    The response rate of the claims within twenty-one days Domestic mail is set at 95 % for the years 2011 and 2012.


    The response rate of the claims within twenty-one days for the package is set at 95 % for The years 2011 and 2012.


    Article 4


    For the recommended letter, La Poste must measure the loss of these objects according to the European standard EN 14137 starting in 2012.


    Article 5


    The Director General of Competitiveness, Industry and Services is responsible for the execution of the Which will be published in the Official Gazette of the Republic French.



    Appendix
    SERVICE QUALITY OBJECTIVES FOR THE OFFER
    DE SERVICE UNIVERSEL FOR 2011 AND 2012




    2011
    2012

    OBJECTIVES
    OBJECTIVES

    Priority Letter J + 1



    Delivery Rate in J + 1

    85 %

    85 %

    Excessive Delays (Distribution Beyond J + 3)

    , 1.2 %

    , 1.2 %

    Verte Letter



    Distribution rate in J + 2

    n/a

    90 %

    Colissimo window



    J + 2 distribution rate (simple or recommended)

    87 %

    87 %

    Distribution rate in J + 2 with electronic postage (simple or recommended)

    87.5 %

    88 %

    Excessive delay (distribution beyond J + 4)

    , 2 %

    , 2 %

    Recommended Letter



    Rate of delivery in J + 2

    n/a

    88 %

    Mail Cross-border (import)



    Distribution rate in J + 3

    90 %

    90 %

    Distribution rate in J + 5

    97 %

    97 %


    The Authority proposes that:
    -the target for the J + 1 distribution rate for 2012 be set at 88 %;
    -the timeout indicator Excessive J + 3 be deleted to be replaced with a J + 2 distribution indicator with a 97 % target for 2012.


The President,

J.-L. Silicani


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