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Opinion N ° 2013 - 0361 March 12, 2013, On A Draft Decree Amending The Decree Of February 7, 2007, Taken Pursuant To Article R. 2 - 1 Of The Cpce And Laying Down The Procedures Relating To The Filing And Distribution Of Postal Items

Original Language Title: Avis n° 2013-0361 du 12 mars 2013 sur un projet d'arrêté modifiant l'arrêté du 7 février 2007 pris en application de l'article R. 2-1 du CPCE et fixant les modalités relatives au dépôt et à la distribution des envois postaux

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JORF n ° 0122 of May 29, 2013
text # 132



Opinion n ° 2013-0361 of 12 March 2013 on a project d ' arrested amending l ' adopted on 7 February 2007 pursuant to Article#0392-1 of the CPCE and laying down the arrangements for the deposit and distribution of consignments Postal

NOR: ARTR1312548V ELI: Not available


The Authority of Regulation of electronic communications and posts (hereinafter " The Authority),
Having regard to Directive 97 /67/EC of 15 December 1997 as amended concerning common rules for the development of the internal market in Community postal services and the improvement of the quality of service (hereinafter ' The Postal Directive) ;
Given the postal code and electronic communications (hereinafter " CPCE "), in particular Articles L. 5, L. 7 and R. 2-1;
Having regard to the Order of 7 February 2007 adopted pursuant to Article R. 2-1 of the CPCE and laying down the arrangements for the deposit and distribution of postal items;
In view of the request for an opinion from the Minister Responsible for the Minister of Productive Recovery, responsible for small and medium-sized enterprises, innovation and the digital economy, transmitted on February 14, 2013;
After deliberating on March 12, 2013,



1. Background


CPCE Article L. 5 provides that " The Electronic Communications and Postal Regulatory Authority shall be consulted on draft laws or regulations relating to postal services ". Pursuant to that provision, the Minister responsible for posts seized the Authority, on 14 February 2013, from a draft order amending the order of 7 February 2007 on the arrangements for the distribution of postal items subject to formalities
The main purpose of the draft decree submitted to the Authority is to change the details of the verification of the identity of the person who accepted the shipment. It provides for various other developments.


2. Modification of the procedure for verifying the identity of the recipient
or his agent
On the justification of the identity of the addressee or his agent


Articles 4, 5 and 7 of the Order of 7 February 2007 Provide, with regard to postal items subject to formalities attesting to their deposit and distribution, that the proof of distribution and the possible notification of receipt " Have " The document justifying the identity of the person who accepted the shipment (the consignee or his agent). These provisions mainly concern the recommended letter.
The draft order submitted for notice to the ARCEP amends the order of 7 February 2007 so that it contains an Article 4.1 which provides for an alternative method of distribution to Home that: " If the person who accepts the recommended shipment has previously justified his identity to the address, in accordance with Article 4 of this Order, to the same employee in charge of the distribution either as a consignee or as a consignee The holder of a term of office of the addressee, the employee may submit the recommended shipment without resubmitting an identity document. In such a case, the employee shall certify that the recommendation has been given to the consignee indicated by the sender on the proof of deposit as well as his signature on the proof of distribution and, where applicable, the acknowledgement of receipt. "
This draft Amendment preserves, thus, the obligation to verify the identity document as currently provided for in Articles 4 and 5, for reference to the proof of deposit, as well as to Article 7, for mention on the notice of receipt but exempts Factor of this approach in cases where the latter, in a previous discount, Would have already checked the identity document of the same addressee, or the same agent, at the same address in accordance with Article 4 of the Order of 7 February 2007.
The principle of this modification seems appropriate and may have the effect of improving The quality of service of the shipments in question. The intended recipients, known to the factor, would not have to present a piece of identification at each discount and thus could benefit from a faster distribution. Shortcut times could also be a source of savings for postal providers. This amendment does not seem to reduce the legal certainty of the recommended consignments, the factor having the obligation to check the identity document of any recipient whom it does not know.
The Authority proposes, however, that, where The shipment has been delivered in accordance with the provisions of new section 4.1, the employee makes explicit reference to the distribution evidence and, where applicable, the notice of receipt, and affixs the signature to attest. The wording could be as follows:
" If the person who accepts the recommended shipment has previously justified his or her identity to the address, in accordance with Article 4 of this Order, to the same employee in charge of the distribution either as a consignee or as a consignee The holder of a term of office of the addressee, the employee may submit the recommended shipment without resubmitting an identity document. In this case, the employee certifies that the recommendation has been delivered to the consignee indicated by the sender on the proof of deposit as well as the signature on the proof of distribution and, if applicable, the acknowledgement of receipt. The employee then indicates on the proof of distribution, and if applicable on the Notice of Receipt, that this is the case and affixs his signature to these same media to attest. "


On the recommended email


Order No. 2011-144 dated February 2, 2011 specifies how to send a registered letter by mail Electronic for the conclusion or execution of a contract.
This Order provides for the delivery of the electronic recommended letters distributed in paper format similar to those provided for in the decree of 7 February 2007 in its drafting Current: Article 5 provides that the proof of distribution and, where appropriate, the notice of receipt must contain the document justifying the identity of the addressee or his representative.
Thus, if the order of 7 February 2007 had changed, such as the Proposes the draft order submitted for opinion to the Authority, the arrangements for the distribution of the recommended letters " Classics " And electronic recommended letters distributed in paper form would differ: a systematic presentation of the identification document would be necessary for the delivery of an electronic registered letter while the postal operators Could apply a more flexible procedure in the case of classic recommended letters.
Both types of recommended shipments have the same legal value when they are sent for the conclusion or execution of a contract. It is therefore necessary for their distribution arrangements to be consistent. Thus, if the draft order submitted for opinion to the Authority were to be adopted as it was, it would be necessary to also change the arrangements for the distribution of the electronic recommended letter distributed in the format Paper.


3. Other developments foreseen by the draft decree


The draft decree provides for further developments in the order of 7 February 2007.


With regard to the amendments to Article 5


The draft decree provides for Delete the fifth paragraph of Article 5 of the Order of 7 February 2007, namely " The date of submission "and replace it with a seventh paragraph" The proof of distribution also includes the date of submission of the consignment ".
This amendment has the sole effect of moving, within Article 5 of the Order of 7 February 2007, the provision according to which the date of presentation must Appear on the proof of distribution.
The Authority suggests retaining the current wording.


Regarding the insertion of a new Article 8


The draft order submitted to the Authority proposes the insertion of a new Article 8 Written as follows:
" The provider indicates in the general conditions of sale:
-the distribution period;
-how to track the recommended shipment between its depot in the provider's network and its distribution;
-the parts list Accepted to justify the identity of the recipient. "
The order of 4 May 2007 adopted pursuant to Article L. 9 of the CPCE already specifies the arrangements for informing users of postal items, in particular as regards the information contained in the general conditions of Sale, including turnaround times for the service. In this context, it seems inappropriate that the order of 7 February 2007 also specifies the terms and conditions for the information of users.
Subject to the comments made, the Authority shall give a favourable opinion on this draft
. Paris, March 12, 2013.

  • Appendix



    A N N E X E




    TEXT OF THE 7 FEBRUARY 2007
    resulting from the draft order transmitted for opinion to the Authority
    TEXT OF THE ORDER OF FEBRUARY 7, 2007
    as a result of the Authority's suggestions on the
    project that was passed to it for notice

    Article 4-1

    Article 4-1

    If the person who accepts the recommended shipment has previously justified his or her identity to the address, in accordance with section 4 of this Order, to the same employee in charge of the distribution as the recipient As the holder of a term of office of the intended recipient, The employee may submit the recommended shipment without resubmitting an identification document. In this case, the employee certifies that the recommendation has been given to the consignee indicated by the sender on the proof of deposit, as well as the signature on the proof of distribution and, if applicable, the acknowledgement of receipt.

    If the person who accepts the recommended shipment has previously justified his or her identity to the address, in accordance with section 4 of this Order, to the same employee in charge of the distribution either as a consignee or As the holder of a term of office of the recipient, the employee may Return the recommended shipment without resubmitting an identification document. In this case, the employee certifies that the recommendation has been delivered to the consignee indicated by the sender on the proof of deposit as well as the signature on the proof of distribution and, if applicable, the acknowledgement of receipt. The employee then indicates on the proof of distribution, and if applicable on the Notice of Receipt, that this is the case and affixs his signature to the same media to attest.

    Article 5

    Article 5

    In the case of absence of the addressee at the address indicated by the sender at the time of the dispatch of the distribution employee, a notice from the provider informs the recipient that The mailing is pending for a period of fifteen days from the day of the The presentation of the mail sent to his or her home and the place where that shipment may be withdrawn.
    At the time of the withdrawal by the addressee of the consignment, the employee shall record the following information on the proof of distribution:
    -the name and first name of the person who accepted the shipment and its signature (the consignee or its agent);
    -the part justifying its identity;
    -the delivery date;
    -the identification number of the shipment.
    The proof of Distribution shall also include the date of submission of the shipment
    The terms and conditions of the information of the addressee shall be fixed in the general conditions of sale as well as those relating to the return of the mailing to the sender in the case of Non-distribution.

    In case of absence from recipient to The address indicated by the sender when the employee is in charge of the distribution, an opinion of the provider shall inform the addressee that the mailing is pending for a period of fifteen days from the day following the presentation Of the mail sent to his or her home and the place where that shipment may be withdrawn.
    At the time of the withdrawal by the addressee of the consignment, the employee shall record the following information on the proof of distribution:
    -the name and first name of the person who accepted the shipment and its signature (the recipient or its agent);
    -the part justifying its identity;
    -the date of submission;
    -the date of distribution;
    -the identification number Send.
    Proof of distribution also includes the date of submission of the shipment
    The terms and conditions of the recipient's information are set out in the general conditions of sale as well as those relating to the return of the mailing to The sender in case of non-delivery.

    Article 8

    Article 8

    The provider indicates in general sales conditions:
    -the distribution timeout;
    -how to track The recommended shipment between its depot in the provider's network and its distribution;
    -the list of accepted parts to justify the identity of the recipient.

    The claimant indicates in the general conditions of sale:
    -the distribution period;
    -how to track the recommended shipment between its depot in the provider's network and its distribution;
    -the list of accepted parts to justify the identity of the recipient.

    Article 9

    Article 9

    The references on the proof of deposit, the proof of distribution and, if applicable, the acknowledgement must be Label in legible and durable media.

    The statements on the proof of deposit, the proof of distribution, and, where applicable, the acknowledgement must be in legible and durable medium.

    Article 10

    Article 10

    Without prejudice to the provisions of this Order, the claimant may propose to the shipper or to the addressee additional optional terms and conditions Information conditions for the recipient or distribution of a shipment Recommended.

    Without prejudice to the provisions of this Order, the claimant may propose to the shipper or to the addressee additional optional terms and conditions of the Recipient or distribution of a recommended shipment



The President,

J.-L. Silicani


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