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Decision N ° 2014 - 1103 Of September 30, 2014, Amending Decision No. 05-1085 Pricing Overseas Calls To Short And Special Numbers

Original Language Title: Décision n° 2014-1103 du 30 septembre 2014 modifiant la décision n° 05-1085 relative à la tarification outre-mer des appels vers les numéros spéciaux et courts

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JORF n ° 0247 of October 24, 2014
text # 85



Decision No. 2014-1103 dated 30 September 2014 amending Decision No. 05-1085 on the overseas pricing of calls to special and short numbers

NOR: ARTT1424680S ELI: Not available


Electronic Communications and Postal Regulatory Authority;
Seen directive 2002 /20/EC amended by the European Parliament and of the Council of 7 March 2002 on the authorisation of networks and Electronic communications services (directive) Authorization ") ;
In view of Directive 2002/21/EC as amended by the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Directive) Framework ") ;
Given the Position and Electronic Communications Code (hereafter " CPCE "), in particular Articles L. 36-7, L. 44 and R. 20-44-27 to R. 20-44-33;
In view of Decision No 05-1084 of the Electronic Communications Regulatory Authority and of the posts of 15 December 2005 approving the rules for the management of the national plan of Numbering;
In view of the amended Decision No. 05-1085 of the Electronic Communications Regulatory Authority and the positions of 15 December 2005 fixing the use of the categories of numbers in the national numbering plan;
In view of Decision No. 2012-0856 of the Electronic Communications Regulatory Authority and of the 17 July 2012 amending the organisation of the number bands starting with 08 and the short numbers provided for in Decision No 05-1085 of 15 December 2005;
In view of the public consultation on value added services launched on 29 November 2013 And closed on 7 January 2014;
Due to the responses to the public consultation on value-added services published on 20 March 2014;


The Advisory Committee on Electronic Communications has been consulted on 19 September 2014;
For the following reasons:


1. Regulatory framework


The powers of the Electronic Communications and Numbering Regulatory Authority are provided for by the provisions of Articles L. 36-7 and L. 44 of the postal code and electronic communications (hereinafter " CPCE ").
Article L. 36-7 (7 °) of the CPCE provides that the Authority " Establishes the national telephone numbering plan, gives operators the numbering resources necessary for their activity under the conditions laid down in Article L. 44 and ensures their proper use; (...) '.
The I of Article L. 44 of the same code provides that " The national telephone numbering plan shall be drawn up by the Electronic Communications Regulatory Authority and posts and managed under its control. It ensures equal and simple access for users to the various electronic communications networks and services and the equivalence of numbering formats. It allows, subject to technical and economic feasibility, users located in other Member States of the European Union to have access to non-geographical numbers accessible throughout the national territory. "


2. Background


The ARCEP adopted Decision No. 2012-0856 on July 17, 2012 reforming the retail pricing of special and short numbers (" SVA reform ") Which has the point " 2.a.3.iii. Premium pricing " Of Annex 1 to " The tariff and billing arrangements [of the component " S "] are the same, for a given number, regardless of which operator the number is accessible from." And the retail price of the component " S " In particular " Have a multiple face value of 0.01 € TTC for the bearings charged to the act and 0.01 €/min TTC for the bearings billed to the duration ".
The work carried out by the operators in the framework of the implementation of price developments Details of the above-mentioned special issues have revealed difficulties in applying overseas, territories in which VAT is lower than the one applied in metropolitan France, of which they have participated in exchanges with the Authority in 2012 and 2013. In order to overcome the complexity caused by these differences in VAT (1), operators have so far used the non-VAT rates as a reference for the calculation of the payments. These are identical irrespective of the territory, of which the international telephone code is covered by Decision No 05-1085 (2), at the outset of which the appeal is issued.
Or, Decision No. 2012-0856 referred to above requires TTC to be The same at the beginning of all the territories (metropolitan France and overseas). This provision has the effect of producing, as confirmed by the operators in their contributions to the public consultation on the above-mentioned value added services from November 2013 to January 2014, an increased complexity of the systems of Inter-operator invoicing in so far as it involves managing several different VAT rates for each number depending on the VAT in force in the territory of origin of the call.
Thus, in the abovementioned contributions, certain Stakeholders spoke in favour of simplifying the framework by putting in place the Before the difficulty of reconciling the equality of non-VAT rates between territories and the obligation to propose multiple TTC tariffs of 0.01 € per minute or per
. The implementation of the SVA reform for all operators, including those who operate as an arrival operator both in France and overseas. In this sense, the Authority considers that Decision No 05-1085 should be amended to provide for the non-VAT rate of the component ' S " Be identical in metropolitan France as overseas, and to remove the obligation to propose multiple tariffs of 0.01 € TTC per minute or per appeal, the rule of change from the non-VAT rate to the tariff, including VAT, which does not fall within the competence of The Authority.
It should also be noted that this amendment will be beneficial to end users overseas for which the rates charged (necessarily TTC) will be lower than those of metropolis, due to the tax specificities
In exchange, transparency and clarity of information Given that end-users are indispensable for the proper functioning of the market, service publishers will, on the one hand, have to explicitly communicate these differences in retail tariffs, and, on the other hand, adapt their information media According to whether they are destined for the metropolis exclusively, overseas exclusively or for the whole of those territories.
Moreover, Decision No. 05-1085 referred to above includes a provision on the revaluation of the tariff ceilings Applicable to the component " S " Depending on the possible variations in the rate of VAT which allows the service publishers who have chosen a retail tariff equal to the tariff ceiling, to reflect the increase in VAT in their retail tariffs. In view of the above change, the tariff ceilings still need to be reassessed in cases of change in the rate of VAT in the territory where it is the highest (metropolis) but no longer in the case of rate changes VAT in a territory where it is still less than or equal (overseas) (3).
Lately, it is appropriate to rectify an oversight concerning Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon in the footnote to the list of Territories set out in paragraph 2.a.3.ii of the plan of Numbering set out in the annex to Decision No. 05-1085 above.
After having deliberated on 30 September 2014,
Decides:

Item 1


In The national telephone numbering plan set out in the Annex to Decision No 05-1085 referred to in paragraph 2.a.3.iii. Premium pricing ", between words:" a second component, designated "S, including the tariff" And " And the terms of the invoicing are the same, for a given number, regardless of which operator the number is accessible from." Are inserted the words: " VAT ".

Article 2


In the national telephone numbering plan set out in the annex to Decision No 05-1085 referred to above, at paragraph 2.a.3.iii " Premium pricing ", the words:" have a multiple face value of 0.01 € TTC for bearings charged to the act and 0.01 €/min TTC for bearings charged to the duration " Deleted.

Article 3


In the national telephone numbering plan set out in the annex to Decision No 05-1085 referred to above, at paragraph 2.a.3.iii " Premium pricing ", the paragraphs:
" The tariff ceilings applicable to the " S component of the various categories of premium rate numbers shall be expressed all taxes included (TTC) at the rate of VAT in force on the date of the Decision.
In the event of a change in the VAT rate applicable to those numbers, the tariff ceilings shall be reassessed de facto on the date of entry into force of the new VAT rate in proportion to the change in the rate of VAT and rounding off The nearest euro cent. ",
are replaced by the paragraphs:
"The tariff ceilings applicable to the" S component of the various categories of premium-rate numbers are expressed all taxes included (TTC) at the maximum VAT rate among those in the territories covered by the Present numbering plan as of 17 July 2012.
In the event of a change in the maximum VAT rate, of those in force in the territories covered by this numbering plan, applicable to these numbers, the tariff ceilings shall be De facto reassessed on the date of entry into force of this new VAT rate as a proportion of The variation of this rate and rounding to the nearest euro cent. "

Article 4


In the national telephone numbering plan set out in the annex to Decision No 05-1085 referred to in paragraph 2.a.3.ii. Bold Pricing " The footnote: " Territory means metropolitan France or one of the overseas departments (Guadeloupe, French Guiana, Mayotte, Réunion) " Is replaced by: " Territory means metropolitan France, one of the overseas departments (Guadeloupe, French Guiana, Mayotte, Réunion) or one of the communities of Saint-Barthélemy, Saint-Martin or Saint-Pierre-et-Miquelon ".


Done at Paris, September 30, 2014.


The President,

J.-L. Silicani

(1) The Authority notes that Guadeloupe, Martinique and Réunion benefit from relief measures consisting of the application of specific rates for VAT (standard rate of 8.5 % applicable to special services 20 % in metropolis). As for French Guiana, the VAT is provisionally not applicable (Article 294 of the General Tax Code). (2) + 33 (France Metropolitaine), + 262 (Réunion, Mayotte and other Indian Ocean territories), + 508 (Saint-Pierre-et-Miquelon), + 590 (Guadeloupe, Saint-Barthélemy, Saint-Martin), + 594 (Guyana), + 596 (Martinique). (3) As an illustration, as long as the rates of VAT applicable overseas remain below or equal to that of metropolis, the TTC overseas rates will remain less than or equal to the metropolitan TTC tariff, which itself is less than or equal to the Prescribed tariff ceiling.
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