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Decision No. 2012-1454 Of 18 December 2012 On The Information Provided By La Poste Application Of Article R. 1-1-16 Of The Code Of Postal And Electronic Communications For Monitoring Compliance By La Poste To Its Obligations ...

Original Language Title: Décision n° 2012-1454 du 18 décembre 2012 relative aux informations communiquées par La Poste en application de l'article R. 1-1-16 du code des postes et des communications électroniques pour le suivi du respect par La Poste de ses obligations d...

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JORF n ° 0086 of April 12, 2013
Text N ° 72




Decision No. 2012-1454 of 18 December 2012 on the information provided by La Poste in application of l ' article R. 1-1-16 of the postal code and electronic communications for the monitoring of compliance by La Poste de ses Universal service obligations

NOR: ARTR1308424S ELI: Not available


The Electronic Communications and Position Control Authority (hereafter " The Authority),
Given the amended Directive 97 /67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market in Community postal services and the improvement of the quality of service ;
Given the postal code and electronic communications (hereinafter " CPCE "), in particular Articles L. 1, L. 2, L. 3, L. 5-2 and R. 1 to R. 1-1-16;
In view of the decree of 30 January 2012 on the quality of service objectives set at La Poste for 2011 and 2012 in respect of the universal service offer that La Poste is required to provide To ensure the implementation of the CPCE Article L. 2;
Given the responses to the public consultation conducted from 26 July to 17 September 2012;
After deliberating on 18 December 2012,



I. -The legal framework for the regulation of the universal postal service
I-1. The universal postal service


Article 3 of the amended Directive 97 /67/EC specifies that " Member States shall ensure that users enjoy the right to a universal service which corresponds to an offer of quality postal services provided on a permanent basis at all points of the territory at affordable prices for all Users'.
Article 22 of the Directive provides for the establishment of independent authorities whose tasks include ensuring compliance with the provisions relating to the universal service. Under Article 22, " Each Member State shall designate one or more national regulatory authorities for the postal sector, legally distinct and functionally independent of postal operators (...). The national regulatory authorities shall in particular have the task of ensuring compliance with the obligations arising from this Directive, in particular by establishing monitoring procedures and regulatory procedures in order to ensure that Provision of the universal service ".
Article L. 1 of the CPCE provides that" Universal postal service contributes to social cohesion and balanced development of the territory. It is ensured in accordance with the principles of equality, continuity and adaptability by seeking the best economic and social efficiency. It guarantees to all users, on a permanent basis and throughout the national territory, postal services meeting specified quality standards (...) ".
Pursuant to Article L. 2 of the CPCE, La Poste is" Universal postal service provider for a period of fifteen years from 1 January 2011 (...). The provider of the universal postal service shall be subject, in respect of the services covered by that service, to specific obligations relating to the quality and accessibility of the service, the processing of user complaints and, in respect of Defined benefit, compensation in case of non-compliance with quality of service commitments (...) ".
In accordance with the Directive, the 1 ° of Article L. 5-2 of the CPCE confers on the Authority a general mission to monitor the universal service in Specifying that the " Ensures compliance by the universal service provider (...) of the obligations resulting from the laws and regulations relating to the exercise of the universal service (...) ".
In particular, the quality of service Article L. 5-2 of the CPCE provides that the Authority shall " Ensures compliance with the quality objectives of the universal service established by the Minister responsible for posts (...) and the publication and reliability of the quality measures of the corresponding benefits (...) ". These provisions are specified in Article R. 1-1-8 of the same code under which " The Minister responsible for posts (...) shall lay down 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. The universal service provider shall carry out periodic measurements of the quality of services using standardised methods at European or national level. The results of these measures shall be brought to the attention of the users and the Electronic Communications and Regulatory Authority. "


I-2. The information of the Authority as part of its mission
to monitor the universal postal service


In order to carry out its task of monitoring the universal service, the Authority must have sufficient and appropriate information on The provision of universal service for the purpose of monitoring and monitoring developments.
Article 22a of the Directive provides that " Member States shall ensure that postal service providers provide, in particular to the national regulatory authorities, all information (...), including (...) those relating to the provision of the universal service (...) in order to That the national regulatory authorities shall ensure compliance with the provisions of this Directive or with the decisions adopted in accordance with this Directive. '.
The second paragraph of Article L. 2 of the CPCE provides that: (the universal service provider) maintains a specific accounting of its activities within the scope of the universal service. It shall, at the request of the Electronic Communications and Postal Control Authority, transmit any information and any accounting documents to ensure compliance with its obligations. "
Article R. 1-1-16 specifies that" The Post Office provides the information that the Electronic Communications and Postal Regulatory Authority requests for (...) the exercise of its control of the universal postal service. The Authority's requests shall be reasoned and proportionate to its needs; they shall specify the level of detail of the response and the deadlines for producing it.


II-Context


By two decisions (Decision No 2008-0180 du 19 February 2008 and decision n ° 2009-0367 of 7 May 2009), the Authority put in place a device under which La Poste communicates annually to it a set of information relating to the universal service
. Satisfactory and has enabled the Authority to have information Standard and regular on the main features of the universal service offering of La Poste.
However, the Authority considers that an update of this device is now necessary. As regards the form, in order to ensure greater consistency with the scheme, the Authority wishes to replace Decisions No 2008-0180 and No 2009-0367 by a single decision. In essence, the offer of universal service has evolved, including the introduction by La Poste of the Green Letter, which is intended to complement the offer of ginning mail next to the Priority Letter. In terms of measurement, La Poste has made significant progress, in particular by implementing a comprehensive flashing of the recommended letters.
This Decision takes into account the available information on the quality of the universal service, Capabilities of the measurement tools put in place by La Poste to describe and comply with European standards.


III. -The information requested by the Authority from 2012
III-1. Concerning the universal service offering


Under Article 5 of the Directive, " Each Member State shall take measures to ensure that the provision of the universal service [evolves] according to the technical, economic and social environment as well as the needs of the
'. Universal service products correspond to the needs of consumers. Sales volumes and sales figures for the services under this service in relation to non-universal services are an important indicator of these needs.
Starting in the year 2012, the Request from the Authority will concern the use of the following benefits and their substitutes:
-the Priority Letter;
-the Green Letter;
-the recommended Letter;
-the International Priority Letter;
-the Mini Max offer;
-the Colissimo ATM.
The Post will communicate volumes and numbers each year Of each of the above benefits and those that are substitutable for them (for example, for the Colissimo box office, the volume and turnover of the Colissimo package will also be provided) according to Annex 1-1.


III-2. Concerning the accessibility of the universal service


Under Article 3 of the Directive, the universal service is provided " At any point in the territory (...) To this end, Member States shall take measures to ensure that the density of points of contact and access takes account of the needs of users. "
The provisions of Articles L. 1 and L. 2, above, Concerning the accessibility of the universal service are specified by Article R. 1-1 of the CPCE which states that " Universal service benefits are available to users. In particular, the points of contact with the public giving access to universal service benefits other than the number and the information on those services must allow at least 99 % of the national population and at least 95 % The population of each department is less than 10 kilometres from a point of contact and all communes with more than 10 000 inhabitants have at least one point of contact per 20 000 inhabitants. "
The information requested By the Authority in Annex 1-2 shall include the elements enabling it to ensure compliance with By La Poste of these provisions. This information relates to the coverage of the territory in contact points and the density of the collection mailboxes.


III-3. Concerning the continuity of the universal service


Article 3 of the Directive states that: Member States shall take measures to ensure that the universal service is guaranteed at least five working days per week, except in exceptional circumstances or geographical conditions, and to include at least:
-a waiver ;
-a distribution in the home of each natural or legal person (...);
Any exceptional circumstance or derogation accepted by a national regulatory authority in accordance with this paragraph shall be extended to Knowledge of the Commission and all national regulatory authorities. "
Article R. 1-1-1 of the CPCE provides that" The lifting and distribution of postal items under the universal service are, in the absence of exceptional circumstances, guaranteed every working day. Where the transport infrastructure or the geographical characteristics of certain areas constitute an obstacle to the regular fulfilment of the obligations laid down in the first subparagraph, the universal service provider shall define an organisational project To provide the service in the best conditions. It shall forward this draft to the Minister responsible for posts who may object to it by a reasoned decision, notified within two months of receipt of the project. In the absence of opposition, the universal service provider shall communicate the project to the Electronic Communications and Postal Regulatory Authority ".
The Authority shall request the Post Office, in Annex 1-3, to provide it with the information Relating to areas for which transport infrastructure or geographical features are an obstacle to the lifting and distribution of postal items of the universal service and the specific organisations put in place in view To provide this service.
The Authority also works with La Poste on the Set up a summary of events for which, due to exceptional circumstances, the universal service was interrupted or disrupted.


III-4. Concerning the quality of the universal service


Amended Directive 97 /67/EC of the European Parliament and of the Council of 15 December 1997 concerns the common rules for the development of the internal market in postal services of the Community and improved quality of service. Article 3 provides that " Member States shall ensure that users enjoy the right to a universal service which corresponds to an offer of quality postal services provided on a permanent basis at all points of the territory at affordable prices for all Users (...) ".
As noted above, Article L. 1 of the CPCE therefore provides that" (...) the universal postal service contributes to social cohesion and balanced development of the territory. It is ensured in accordance with the principles of equality, continuity and adaptability by seeking the best economic and social efficiency. It guarantees to all users, on a permanent basis and throughout the national territory, postal services meeting specified quality standards. These services are available at affordable prices for all users (...) ".
In accordance with the above provisions, the universal postal service must meet defined quality standards on a permanent and balanced basis. The entire territory and during the various periods of the year.
The monitoring of these obligations, including the objectives set by the Minister, requires a knowledge of the time limits in which the main benefits are distributed. Universal service at national level. In addition, for the Priority Letter, a product at the heart of the universal service, the Authority considers it essential to provide information on delivery times, on the one hand, at the regional level and, on the other, by month.
In accordance with its mission General supervision of the universal service, the Authority also aims through this decision to form a basis of relevant indicators which will be provided to it annually by La Poste (Annex 1-4) and whose scope is necessarily wider than The one corresponding to the objectives set by the Minister
Priority letter, the information requested by the Authority must enable it to ensure compliance with the expected delivery times for this offer through the effective distribution rate in J + 1 and its reliability and excessive deadlines Via the distribution rates in J + 2 and beyond J + 3. The Authority also wishes to know the possible differences in quality of this service according to the different geographical areas or periods of the year. The information requested thus includes the rate of J + 1 by region, on the one hand, and per month, on the other hand.
With regard to the Green Letter, the Authority asks La Poste to give it the rate of distribution in J + 2 which is the time limit Theoretical routing of this offer. The rate of distribution in J + 3 and higher than J + 4 is also requested to know the reliability and the excessive delay rate of this service.
With regard to the recommended letter, the information requested by the Authority corresponds to the rate of J + 1 and J + 2, which is now the subject of an objective fixed by the minister and at the rate of loss of this product for which the users require high reliability.
Information about the Colissimo window Correspond to the rate of distribution in J + 2, which is the theoretical routing time for This offer, as well as the rates of distribution in J + 3 and J + 4.
The requested elements relating to transborder mail routing times correspond to the indicators in J + 3 and J + 5 commonly used for the definition of time limits International mail routing, in particular through a quality standard fixed by the directive.


III-5. With regard to user complaints


The directive pays particular attention to the handling of complaints by users of postal services, providing for the setting up of a suitable framework so that " Possible disputes are resolved quickly and effectively ".
Article L. 3-2 of the CPCE specifies the obligations of postal service providers to this effect, stating that: All postal services are subject to the following rules (...). Establish simple, transparent and free procedures for handling claims and respect the interests of users in relation to the obligations laid down in Article L. 7. "
Under Article L. 2 of the CPCE the universal service provider is more" Submitted, for the benefit of that service, to specific obligations in respect of (...) processing of users'complaints (...)'.
The number of claims filed with La Poste, mainly products The reasons for the dissatisfaction, and the deadlines in which La Poste processes these requests, are all necessary information to understand the reasons for dissatisfaction of the users. Beyond the response time, it is also important for the Authority to assess the quality of the responses given to users.
The refunds that La Poste will provide to the Authority will relate to:
-the total number of claims Filed, distinguishing the claims relating to mail and those relating to the package;
-for each of these two groups, the number of claims divided according to the main reasons (loss, delay, damage ...).
Claims of " Recourse " (claims filed at second level with La Poste) according to the shipment concerned (mail, package) and the reason for the complaint.
The Authority also asks La Poste for information specific to the recommended letter, the use of which Is made mandatory by many legislative and regulatory provisions.
These requests are listed in Appendix 1-5.


III-6. Regarding the measure of the quality of the universal service


A majority of quality of service indicators are based on standard sampling methods (sending of tests).
The information requested by The Authority within the framework of this Decision therefore includes elements on the measurement methodologies for demonstrating their reliability and, as appropriate, compliance with the standard framework for:
-the timeliness of the priority letter routing, in accordance with the European standard EN 13850;
-the representativeness of the sample used to measure the routing times of the Green Letter;
-the rate measure Loss for the recommended letter, in accordance with the European standard EN 14137 and the measurement of the quality of service of this same letter, recommended on the basis of the methodology laid down in this standard;
-the completeness of the methodology of Measure Universal Service package routing times.
Information Concerning the reliability of the measures or the representativeness of the measures per survey are requested annually (Annex 2).
Information on the structure of consumption, which is necessary for the implementation of the measure Deadlines for routing the Priority Letter and the Green Letter, but which are not subject to change and require a specific measure, are only requested every three years. They are specified in Appendix 3.


*
* *


Decides:

Item 1


Decisions of the Electronic Communications and Postal Regulatory Authority No. 2008-0180 dated February 19, 2008 and No. 2009-0367 as of 7 May 2009 are repealed.

Article 2


Starting in 2013, La Poste will communicate to the Regulatory Authority Electronic communications and postal services, no later than 31 March of the year following the end of the financial year (31 March 2013 for the financial year 2012), the information contained in Annex 1 and 2 of this Decision.

Article 3


Starting in 2013, La Poste will communicate to the Electronic Communications and Postal Regulatory Authority, every three years, no later than 31 March of the year following the end of the financial year (March 31, 2013) For the financial year 2012), the information contained in Annex 3 to this Decision.

Article 4


The Director General of the Authority shall be responsible for the execution of this Decision, which shall be notified to La Poste and published In the Official Journal of the French Republic.

  • Appendix



    A N N E X E 1-1
    OFFER
    Traffic and Business Numbers
    universal service products and their benefits Are substitutable
    1-1 a Priority letter



    PRODUCT
    TRAFIC
    (millions of objects)
    CA
    (millions of €)

    Reference Product-Priority Letter



    Substitutes



    ...



    Multiple Substitutes




    1.1 b Green Letter



    PRODUCT
    TRAFIC
    (millions Objects)
    CA
    (millions of €)

    Reference Product-Green Letter



    Substitutes



    ...



    Multiple Substitutes




    1.1 c Recommended Letter



    PRODUCT
    TRAFIC
    (millions of objects)
    CA
    (millions of €)

    Reference Product-Recommended Letter



    -including e-recommended



    Substitutes



    ...



    Multiple Substitutes




    1.1 d International Shipment Priority




    PRODUCT
    TRAFIC
    (millions of objects)
    CA
    (millions of €)

    Reference product-international priority sending



    Substitutes



    ...



    Multiple Substitutes




    1.1 e Sending small merchandise



    PRODUCT
    TRAFIC
    (millions of objects)
    CA
    (millions of €)

    Reference Product-Minimax



    Substitutes



    ...



    Multiple Substitutes




    1.1 f Le Colissimo ATM



    PRODUCT
    TRAFIC
    (millions of objects)
    CA
    (millions of €)

    Reference Product-Colissimo



    Substitutes



    ...



    Multiple Substitutes




    A N N E X E 1-2
    ACCESSIBILITY OF CONTACT POINTS
    AND LETTERS OF COLLECTION
    1.2 a Number of Points of Contact




    DEPARTMENT
    NUMBER OF POINTS

    % OF
    POPULATION within 10 km
    of a point of contact

    Ain



    Aisne



    ...















    Val-d ' Oise



    Guadeloupe



    Martinique

     


    Guyana



    Meeting



    National result






    A
    B

    Number of communes with more than 10,000 inhabitants (A) and number of these communes Having a contact point per 20,000 people (B)




    1.2 b Collection box density by department




    DEPARTMENT
    NUMBER OF BOXES
    NUMBER OF BOXES
    for 10,000 inhabitants
    NUMBER OF BOXES
    per km²

    Ain




    Aisne




    ...












     








    Val-d ' Oise




    Guadeloupe




    Martinique




    Guyana




    Meeting





    A N N E X E 1-3
    CONTINUITY
    1.3. Permanent exceptions to distribution of SU products



    LOCATION
    MOTIF
    ORGANIZATION
    set up
    COMMENTS





    ...









    A N N E X E 1-4
    QUALITY OF SERVICE
    1.4 a Quality of annual service at the national and community levels




    PURCHASING QUALITY
    TIME
    RESULT National
    LEVEL (%)

    Priority Letter

    J + 1



    J + 2



    > J + 3


    Green Letter

    J + 2



    J + 3



    > J + 4


    Recommended Letter

    J + 1



    J + 2



    See note (*)


    Inbound Community Transborder (import)

    J + 3



    J + 5


    Community cross-border mail Outbound (export)

    J + 3



    J + 5


    Colissimo window (simple or recommended)

    J + 2



    J + 3



    > J + 4


    Colissimo electronic postage meter (simple or recommended)

    J + 2



    J + 3


    (*) Excessive loss rate and delay.


    1.4 b Domestic mail claim response time



    Border="1">

    RESULT NATIONAL LEVEL (%)
    % response to domestic mail complaints within 21 days


    1.4 c Annual Priority Letter distribution rate in J + 1 per region




    REGION
    FLUX INTRA-REGIONAL
    FLUX ARRIVAL
    FLUX DEPARTURE

    Alsace




    ...




    ...




    Rhône-Alpes




    National





    1.4 d Rate of Distribution of Priority Letter to J + 1 and Green Letter to J + 2, per month




    MONTH
    LETTER PRIORITY
    (J + 1)
    LETTER VERTE
    (J + 2)

    January



    ...



    ...



    December




    A N N E X E 1-5
    CLAIMS
    1.5 has Claims: Mail from SU (including Recommended letter),
    main patterns and number




    REASON
    NUMBER YEAR n-1
    YEAR n

    1st level
    2nd level
    1st level
    2nd level

    Delayed or excessively delayed send





    Send received late





    Send Damaged





    Change of Address





    Mail delivery or distribution





    Bad Distribution





    Access Customer Information Service





    Behavior and Skill of postal staff





    Access to Postal Services





    Claims Processing





    Other Claims





    Total All Reasons





    Volume of corresponding objects






    1.5 b Claims: SU package, main reasons and number




    REASON
    NUMBER YEAR n-1
    YEAR n

    1st level
    2nd level
    1st level
    2nd level

    Lost or Excessively Delayed Send





    Send received late



     


    Sending Damaged





    Total All Reasons





    Corresponding Object Volume






    1.5 c Claims: Recommended letter, main reasons and number




    REASON
    NUMBER YEAR n-1
    YEAR n

    1st level
    2nd level
    1st level
    2nd level

    Lost or Excessively Delayed Send





    Send received late





    Send Damaged





    Change of Address





    Levée or Distribution of Mail





    Bad Distribution





    Access Customer Information Service





    Postal Staff Behavior and Competency





    Access to Postal Services





    Claims Processing





    Other Claims





    Total All Reasons





    Corresponding Object Volume






    A N N E X E 2
    RELIABILITY OF MEASURES
    2 a Confidence interval for routing
    priority letter and green letter





    PRIORITY LETTER
    (J + 1)
    LETTER VERTE
    (J + 2)

    Value (recall-cf. 1.4)



    95 % Confidence Interval (*)



    (*) Value I such that the true value is understood, with a probability of 95 %, between x-I and x + I where x is the measured value


    2 b Colissimo window: Completeness and exclusionary reasons





    RESULT

    Metric Exclude Set


    -including for no flashes " Depot "


    -including for no flashes" Arrival at distribution center "


    -including for no flashes" Distribution return "



    2 c Recommended letter: Measurement completeness and statistical checks





    RESULT
    Collection
    DATE AND MODALITIES

    Total number of shipments recorded by the system Tracking (N)


    (specify how
    results were obtained)

    Number of shipments recorded as lost by tracking system (A)


    (idem)

    Number of shipments recorded as lost by the tracking system which, in fact, were delivered (B)


    (idem)

    The number Items recorded as distributed by the tracking system but in fact have been lost (C)


    (idem)

    The total number of missing shipments in the Tracking system (M)


    (idem)

    The number of missing shipments in the tracking system that were lost (D)


    (idem


    A N N E X E 3
    METHODOLOGY OF MEASURING TIME
    DE LA LETTER PRIORITAIRE ET DE LA LETTRE VERTE


    La Poste will present tables 3 to 3 c for the Priority Letter and the Green Letter (these tables Becoming 3 d to 3 f).


    3 a Geographic Stratification of Test Mail (flow matrix)




    GEOGRAPHIC FIELDS
    [ZONE a]
    ...
    [ZONE x]
    TOTAL

    [Zone a]





    ...





    [Field x]





    Total




    100


    3 b Influence of distance on result




    FLUX CATEGORIES
    by distance
    RESULT
    (%)
    DATE AND

    WEIGHT
    collection
    in actual mail
    DATE AND MODALITIES
    collection

    ...


    (specify how results were obtained)


    Results were obtained)

    ...











    3 c Discriminant Parameters for Measure






    MEASURING OF PURCHASING
    by different Discriminant characteristics
    REAL MAIL
    Discriminant Characteristics
    Result (%)
    95 %
    Confidence Interval (*)
    Weight (%)
    Collection
    Date and Modalities

    Starting Geography Type

    Urban






    Rural





    Geographical Area Type Arrival

    Urban






    Rural





    Clearance Type

    Stamp






    Clearance Machine





    Depot Type

    Street Mailbox
    Align="center">





    Post Office






    Special Course






    Sort Center





    Type of Distribution

    At






    PO Box






    Special Tour





    Formats

    To set according to two or more modes











    Weight Scale

    At least two modes











    Addressing mode

    Manuscript






    Dactylographed





    Day of Depot

    Monday






    Tuesday






    Mercredi






    Thursday






    Friday






    Saturday





    (*) Value I such that the true value is understood, with a 95 % probability, between x-I and x + I where x is the value Measured.



Done at Paris, 18 December 2012.


For the

Electronic Communications and Job Control Authority:

The President,

J.-L. Silicani


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