Summary of section 21 of Act 2010-123. Modification of the post and electronic communications code.
Keywords relief productive, CODE Postal and electronic COMMUNICATIONS, CPCE, COMPENSATION fund the universal SERVICE POSTAL, DESIGNATION, management accounting, financial management, payment and service agency, ASP, EPA, jurisdiction, CONVENTION, authority of REGULATION of COMMUNICATIONS electronic and post, ARCEP JORF n ° 0221 September 22, 2012 page 15013 text no.8 Decree No. 2012-1072 20 September 2012 on the Fund to compensate for the universal service in postal and bearing various modifications of code positions and electronic communications NOR: PROI1209436D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/9/20/PROI1209436D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2012/9/20/2012-1072/jo/texte interested Publics: postal service providers and users.
Subject: Fund compensation for universal postal service, accounting and financial management.
Entry into force: the text comes into force the day after its publication, except article 9, which shall enter into force on January 1, 2013.
Notice: the public company La Poste and postal activities Act, no. 2010-123, February 9, 2010 has planned that the accounting and financial management of the Fund compensation for universal postal service was provided by a public institution. This designates for this purpose the Agency services and payment administrative public institution under supervision of the State. The Agency will be particularly responsible for collection of contributions and payment of monies owing to the universal postal service provider. An agreement between the electronic communications regulatory authority and positions and the public institution, approved by the Minister of posts, will specify the procedures whereby missions are carried out, the terms of calculation and regulation management fee, including the rules adopted for the preparation of the analytical accounting to assess agency expenses and the terms of settlement of the contribution and disbursement of funds to the universal service provider. The decree makes no changes to the provisions relating to universal service and the licensing procedure. The compensation fund will be activated on the basis of the provisions of article L. 2 III - 2 of the post and electronic communications code.
Decree proceeded, on the other hand, various adjustments to the regulatory provisions of the code of posts and electronic communications made necessary by the intervention of the above-mentioned Act of February 9, 2010.
References: the provisions of the code of posts and electronic communications amended by this Decree may be consulted in their issue drafting of this amendment, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of the productive recovery, having regard to the code of construction and housing, particular article L. 111-7-3;
Seeing the code postal and electronic communications, particular articles L 1, l 2 and L. 2 - 2 and r 1 to R. 1-2-7;
Having regard to the code rural and marine fisheries, particular articles L. 313 - 1 and L. 313 - 2;
Having regard to Act No. 90-568 of 2 July 1990 as amended relating to the organisation of the public service; the post office and France Telecom
Having regard to the opinion of the higher Committee of the public service of postal and electronic communications of November 30, 2010;
Having regard to opinion No. 2010 - 1313 of the electronic communications regulatory authority and positions on December 14, 2010;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...
The title Duke of book I of the post and electronic communications code (regulative part: decrees in Council of State) is amended in accordance with the provisions of articles 2 to 13 of this Decree.
Article 2 more on this article...
In the title of chapter I, the words: 'and the postal service obligations' shall be replaced by the words: ", obligations of the postal service and the compensation of the postal universal service Fund.
Article 3 read more on this article...
To the c of article 1, the words: ' catalogues and other printed materials"shall be replaced by the words: 'print '.
Article 4 more on this article...
Article R. 1-1-4 is repealed.
Article 5 read more on this article...
In the first subparagraph of article R. 1 - 1 - 10, the words: "the reserved area and" are deleted.
Article 6 read more on this article...
In the first subparagraph of article R. 1 - 1 - 13, the words: "non-dedicated" are deleted.
Article 7 read more on this article...
Article R. 1 - 1 - 14 is replaced by the following: «art.» R. 1-1-14.-the post presents an analytical accounting distinct from its other services and activities those who fall within the offer of universal service or of the transport operation of the press with the approval of the Joint Committee of the publications and news agencies. ' Article 8 more on this article...
In the fourth paragraph of article R. 1 - 1 - 26, words: ' plan' shall be replaced by the words: "of the undertaking provided for in article 9 of Act No. 90-568 of 2 July 1990 on the Organization of the public service of the post office and France Telecom' and the words: 'public operator' shall be replaced by the words:"La Poste ".
Article 9 read more on this article...
According to article R. 1-1-26, is added a section 3 as follows: "Section 3" the Fund for compensation of the USPS postal «art»» 1-1-27. -Services and payment agency ensures the accounting and financial management of the compensation fund of the postal universal service mentioned in article L. 2 - 2. It is notably charged: "1 ° to perform the operations of collection of contributions which the authorisation provided for in article L. 3 incumbent postal service providers are accountable and restitution of monies due from the Fund to the universal postal service provider;
2 ° to see the delays and failures of postal service providers and to engage, as appropriate, the contentious actions to carry out the collection of assessed contributions;
«3 ° to inform the regulatory authority for electronic communications and posts of late payments and the failure of providers of postal services as well as contentious actions.
"A specific account traces the management of the funds referred to in the first subparagraph.
«Art.» 1-1-28. -I. ― the specific account mentioned in article R. 1-1-27 traces contributions of postal service providers in products and as an expense of management expenses incurred by the Agency services and payment in respect of missions referred to in the same article.
«II. — a convention between the electronic communications regulatory authority and positions and services and payment agency approved by order of the Minister responsible for specific positions: «1 ° the terms of calculation and payment of the costs of management including the establishment of accounting rules to assess the costs borne by the Agency service and payment;
«2 ° the modalities according to which providers of postal services perform payments to the compensation fund of universal postal service of the contributions which they owe and the modalities according to which the Fund makes the repayment of money owed to the provider of the universal service;
«3 ° the terms of information to the authority of regulation of electronic communications and positions in the event of delay or failure of a postal service provider. ''
"III. — the Agency services and payment address the Minister of post and electronic communications and postal regulation authority an annual report on the management of the Fund.
«Art.» 1-1-29. -Where all of the contributions due are not collected, the amount paid to the provider of the universal service is fixed in proportion to the amount that it would have collected in the absence of failure of a provider of postal services to the Fund, the balance being postponed to the following year. ' Article 10 more on this article...
Article R. 1-2-1 is amended as follows: 1 ° to the first paragraph, the words: 'non-reserved hereinafter' shall be replaced by the word: 'following ';
2 ° the last paragraph is deleted.
Article 11 read more on this article...
After the article R f. 1-2-3, it is ajouteun paragraph worded as follows: "g) proof of payment of dues, issued by the competent bodies, proving that the applicant has fulfilled its social obligations."
Article 12 read more on this article...
Article R. 1-2-6 is amended as follows: 1 ° to 1 °, the word: 'users' is replaced by: 'users ';
2 ° 3 ° shall be replaced by the following: "3 ° guarantee the secrecy of correspondence and the neutrality of the postal services with regard to the identity of the sender and the nature of postal items '.
3 ° to 4 °, the words: 'and privacy' are replaced by the words: "may be custodians of the universal service provider or holders of authorization provided for in article L. 3 as well as the protection of the privacy of the users of these services."
4 5 ° ° is replaced by the following provisions:
«5 ° provision of the provision of postal services in the technical conditions respecting the objective of preservation of the environment.»
5 ° after 5 °, are inserted the following provisions: "6 ° the establishment of simple, transparent and free of claims processing procedures and respecting the interests of the users with regard to the obligations laid down in article L. 7;
«7 ° the guarantee of 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;
«8 ° compliance with statutory and conventional obligations applicable to the right of labour and the social security legislation in force, without prejudice to the specific provisions applicable to personnel having, where appropriate, the status of officials;
«9 ° respect for public order and national defence-related obligations.»
Article 13 read more on this article...
Article R. 1-2-7 is replaced by the following: «art.» R. 1-2-7 - the authorisation holders provide annually to the authority of regulation of electronic communications and the positions of statistical information relating to the nature and volume of the various services of postal items to their licensed activity as well as information on utilization, coverage area and the terms of access to their services.
"The electronic communications and postal regulation authority respects the business secrets in the use of this information."
Article 14 read more on this article...
The provisions of article 9 come into force on January 1, 2013.
Article 15 read more on this article...
The Minister of the productive recovery and the Minister delegate to the Minister of relief productive, responsible for the small and medium enterprises, innovation, and the digital economy, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Made on September 20, 2012.
Jean-Marc Ayrault by Prime Minister: the Minister of the productive recovery, Arnaud Montebourg the Minister delegate to the Minister of relief productive, responsible for the small and medium enterprises, innovation, and the digital economy, Fleur Pellerin