Key Benefits:
Publics concerned: postal service providers and users.
Purpose: Universal Postal Service Compensation Fund, Accounting and Financial Management.
Entry into force: the text comes into force on the day after its publication, except Article 9 which will enter into force on January 1, 2013.
Notice: the Act No. 2010-123 of 9 February 2010 the Public Company The Post and Postal Activities has provided that the accounting and financial management of the Universal Postal Service Compensation Fund is provided by a public institution. This decree designates for this purpose the Agency for Services and Payments Public institution of an administrative nature under the supervision of the State. In particular, the agency will be responsible for the collection of contributions and the payment of amounts due to the postal service provider. An agreement between the Electronic Communications and Post Regulatory Authority and the public institution, approved by the Minister responsible for Posts, will specify the terms and conditions under which missions are insured, the terms and conditions for the calculation and payment of management fees, including the rules for the establishment of analytical accounting to assess the agency's expenses and the terms and conditions for the payment of the contribution and payment of funds to the provider of the universal service. The decree does not make any changes to the provisions relating to universal service and the authorization procedure. The compensation fund will only be activated on the basis of the provisions set out in III of Article L. 2-2 of the Post and Electronic Communications Code.
The Order also makes various adjustments to the regulatory provisions of the Post and Electronic Communications Code required by the intervention of the Act of 9 February 2010.
References: the provisions of the Post and Electronic Communications Code as amended by this Order may be consulted, in their drafting, on the Legifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Productive Recovery,
Considering the construction and housing code, including its article L. 111-7-3;
Considering the post and electronic communications code, including articles L. 1, L. 2 and L. 2-2 and R. 1 to R. 1-2-7;
Given the rural and maritime fishing code, including articles L. 313-1 and L. 313-2;
Vu la Act No. 90-568 of 2 July 1990 amended on the organization of the public service of the position and France Télécom;
In the light of the opinion of the Commission Supérieur du service publique des postes et des communications électronique of 30 November 2010;
Having regard to Opinion No. 2010-1313 of the Authority for the Regulation of Electronic Communications and Posts of 14 December 2010;
The State Council (section of public works) heard,
Decrete:
Title I of Book I of the Post and Electronic Communications Code (regulatory part: Decrees in the Council of State) is amended in accordance with the provisions of Articles 2 to 13 of this Decree.
In the title of Chapter I, the words: "and postal service obligations" are replaced by the words: ", postal service obligations and the clearing fund for postal universal service".
In the c of section R. 1, the words "catalogues and other printed materials" are replaced by the words "printed."
Section R. 1-1-4 is repealed.
In the first paragraph of article R. 1-1-10, the words "of the reserved area as well as" are deleted.
In the first paragraph of article R. 1-1-13, the words "not reserved" are deleted.
Section R. 1-1-14 is replaced by the following provisions:
"Art. R. 1-1-14.-La Poste presents an analytical accounting distinguishing from its other services and activities that fall within the scope of the universal service offer or the mission to transport the press enjoying the approval of the parity commission of publications and press agencies. »
In the fourth paragraph of section R. 1-1-26, the words: "plan" are replaced by the words: "business under section 9 of Act No. 90-568 of 2 July 1990 on the organization of the public service of the Post and France Télécom" and the words: "the public operator" are replaced by the words "The Post".
After the article R. 1-1-26, a section 3 is added as follows:
“Section 3
“The Universal Postal Service Compensation Fund
"Art. R. 1-1-27. - The Services and Payment Agency provides the accounting and financial management of the Universal Postal Service Compensation Fund referred to in section L. 2-2. In particular, it is responsible for:
« 1° To carry out the collection of contributions to which the postal service providers who are authorized under Article L. 3 are liable and to return the amounts due by the fund to the postal service provider;
« 2° To note the delays and failures of postal service providers and to engage, where appropriate, contentious actions to collect contributions;
« 3° To inform the Autorité de régulation des communications électronique et des postes of delays in payment and failures of postal service providers and of the contentious actions undertaken.
"A specific account retraces the management of the fund referred to in the first paragraph.
"Art. R. 1-1-28. - I. The specific account referred to in section R. 1-1-27 describes in products contributions from postal service providers and expenses the management costs incurred by the service and payment agency for the missions referred to in the same article.
"II. ― An agreement between the Electronic Communications and Post Regulatory Authority and the Service and Payment Agency approved by order of the Minister responsible for the positions states:
« 1° Methods for calculating and regulating management fees, including rules for establishing analytical accounting to assess the expenses incurred by the service and payment agency;
« 2° The modalities under which postal service providers make payments to the Universal Postal Service Compensation Fund for their assessed contributions and the modalities under which the Fund makes payments to the universal service provider;
« 3° Information terms and conditions of the Electronic Communications and Post Control Authority in the event of a delay or failure of a postal service provider.
"III. ― The Service and Payment Agency shall send an annual report on the management of funds to the Minister for Posts and the Electronic Communications and Posts Regulatory Authority.
"Art. R. 1-1-29. - In the event that all contributions due are not recovered, the amount paid to the provider of the universal service is determined on the prorated basis of the amount that it should have received in the absence of a postal service provider's default to the fund, the balance being deferred to the following year. »
Section R. 1-2-1 is amended as follows:
1° In the first paragraph, the words: "not reserved below" are replaced by the word: "after";
2° The last paragraph is deleted.
After the f of article R. 1-2-3, it is added a paragraph as follows:
“(g) A certificate of payment of contributions, issued by the competent bodies, proving that the applicant has met its social obligations. »
Section R. 1-2-6 is amended as follows:
1° At 1°, the word "users" is replaced by the word "users";
2° The 3° is replaced by the following:
« 3° The guarantee of the secrecy of correspondence and the neutrality of postal services in relation to the identity of the sender and the nature of the mailings";
3° At 4°, the words: "and privacy" are replaced by the words: "whose universal service provider or holders of the authorization provided for in Article L. 3 may be deposited with, and the protection of the privacy of users of such services";
4° The 5° is replaced by the following:
« 5° The provision of postal services in technical conditions respecting the objective of environmental preservation";
5° After 5°, the following provisions are inserted:
« 6° The establishment of simple, transparent and free claims processing procedures and respecting the interests of users in accordance with the obligations set out in Article L. 7;
« 7° The guarantee of access to services and facilities for persons with disabilities under the conditions provided for in Article L. 111-7-3 of the Construction and Housing Code;
« 8° Compliance with the applicable legal and treaty obligations in the field of labour law and social security legislation in force, without prejudice to the specific provisions applicable to staff who, if applicable, have the status of a civil servant;
« 9° Respect for public order and national defence obligations. »
Section R. 1-2-7 is replaced by the following provisions:
"Art. R. 1-2-7.-Electronic Communications Regulatory Authority and Posts provide annual statistical information on the nature and volume of the various postal services of their authorized activity, as well as information on the use, coverage area and terms of access to their services.
"The Autorité de régulation des communications électronique et des postes respects the secret of business in the use of this information. »
The provisions of Article 9 come into force on January 1, 2013.
The Minister of Productive Recovery and the Minister Delegate to the Minister of Productive Recovery, responsible for small and medium-sized enterprises, innovation and the digital economy, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 September 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Productive Recovery
Arnaud Montebourg
Minister Delegate
to the Minister of Productive Recovery
small and medium-sized enterprises,
innovation and the digital economy,
Flower Pellerin
