Law No. 2003 - 1365 Of December 31, 2003 On The Obligations Of Public Telecommunications Service And France Telecom

Original Language Title: LOI n° 2003-1365 du 31 décembre 2003 relative aux obligations de service public des télécommunications et à France Télécom

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An implementing Decree No. 2004-305 of 26 March 2004 amending Decree No. 93-706 26 March 1993 relating to the provisions applicable to the senior posts of France Telecom Decree No. 2004-387 may 3, 2004 on the transfer of the public sector to the private sector of the France Telecom Company under Act No. 2003-1365 of December 31, 2003, Decree No. 2004-662 of 6 July 2004 on the staff representatives the Committee business and trade union representatives from France Telecom Decree No. 2004-743 of 21 July 2004 amending the specifications of the national societies of program Radio France International, Radio France, France network overseas, France 2, France 3 and France 5. Decree No. 2004-765 of July 29, 2004 on the statutory provisions applicable to the body of employees and supervisors of France Telecom Decree No. 2004-766 of July 29, 2004 on the statutory provisions applicable to the body professional qualified agents of France Telecom Decree No. 2004-767 of July 29, 2004 on the statutory provisions applicable to the body of executives of France Telecom Decree No. 2004-768 of July 29, 2004 on the statutory provisions applicable to the body of management at France Télécom Decree No. 2004-948 of September 1, 2004, repealing Decree No. 96-1226 from 27 December 1996 relating to the joint commission conciliation of France Telecom Decree No. 2004-977 of 17 September 2004 adaptation and application of articles L. 225 - 27 to L. 225 - 34 of the commercial code to personnel officials from France Telecom Decree No. 2004-978 of 17 September 2004 on the joint of France Telecom Council and repealing Decree No. 96 - 1179 of 27 December 1996 relating to the Joint Committee of France Telecom Decree No. 2004-979 of September 17, 2004, amending Decree No. 94-131 of 11 February 1994 relative to administrative JABs France Telecom Decree No. 2004-980 17 September 2004 relating to the disciplinary procedure for officials of France Telecom Decree No. 2004-981 of September 17, 2004 on the making available, the detachment and positioning out senior members of the corps of France Telecom to ensure the functions specific to the company or its subsidiaries Decree No. 2004 - 1222, November 17, 2004, relating to obligations of public service and to the financing of universal electronic communications service and changing the code positions and electronic communications Decree No. 2004-1247 of November 22, 2004, adjusting for officials of France Telecom to the provisions of the labour code relating to hygiene, safety and health at work Decree No. 2004-1300 of 26 November 2004 relating to the statutory provisions applicable to some body of officials of France Telecom Decree No. 2006-96 of 1 February 2006 amending Decree No. 67-715 of August 16, 1967, the special status of the corps of engineers of telecommunications Decree No. 2007 - 216 of 19 February 2007 amending Decree No. 68-268 of 21 March 1968 on the special status of the body of administrators to post and telecommunications summary AMENDMENT of the CODE of POSTS AND TELECOMMUNICATIONS: the title of chapter III of title I of book II "public service obligations", articles L. 35, L. 35-1 , L. 35-2, L. 35-3, L.35 - 4, L.35 - 5, L.35 - 6, L.35 - 7, L.35 - 8, L.36 - 7. AMENDMENT OF THE LABOUR CODE: section l351 - 12. AMENDMENT 90-568 of THE 02-07-1990: sections 1, 1-1, 3, 4, 5, 6, 7, 8, 9, 10-1, 11, 12, 14, 15, 17, 23-1, 25, 26, 27, 28, 29, 29-1, 29-1, 29-2, 29-3, 30, 31, 31-1, 32, 32(1), 33, 1-33, 34, 35, 36, 38, 39, 40, 44. AMENDMENT 86-1067 OF 30-09-1986: articles 7, 16, 26, 41, 48, 51, 54, 57, 100. AMENDMENT 93-923 OF 19-07-1993: Appendix.
Tags ECONOMICS, FINANCE, LABOUR CODE, CODE OF POSTS AND TELECOMMUNICATIONS, FRANCE TELECOM, CAPITAL, PRIVATIZATION, PUBLIC TELECOMMUNICATION SERVICE UND OF UNIVERSAL TELECOMMUNICATION SERVICE, EMPLOYEE, EMPLOYMENT, TRANSFER, COMPENSATION, STATUS, PUBLIC OPERATOR, OPERATOR, NETWORK, PRICING, FINANCING, CONTRIBUTION, MONOPOLY, COMPETITION, CALL A NOMINATION, OBLIGATION, COST, CALCULATION, PROJECT OF LAW lawmaking legislative record of ACT No. 2003-1365, December 31, 2003 after links order No. 2004-306 of 26 March 2004 amending Decree No. 93-707 of 27 March 1993 on with the provisions applicable to senior jobs in the post JORF n ° 1, January 1, 2004 page 9 text no. 1 ACT ACT No. 2003 - 31 December 2003 1365 on the public of telecommunications service obligations and France Télécom (1) NOR: ECOX0300108L ELI: http://www.legifrance.gouv.fr/eli/loi/2003/12/31/ECOX0300108L/jo/texte Alias: http://www.legifrance.gouv.fr/eli/loi/2003/12/31/2003-1365/jo/texte the National Assembly and the Senate have adopted , The President of the Republic enacts the law whose content follows: TITLE I: OBLIGATIONS DE SERVICE PUBLIC OF TELECOMMUNICATIONS Article 1 I. - Chapter III of title I of book II of the code of posts and telecommunications is titled: "public service obligations".
II. - in the first paragraph of article L. 35 of the code, the words: "public telecommunications service is insured" are replaced by the words: "public service obligations are guaranteed", and the words: "It includes" are replaced by the words: "they include".
III. - Articles L. 35 - 1, L. 35 - 2 and L. 35 - 3 of the same code are thus written: 'art. L. 35-1. -Universal telecommunications service provides to all: "(1) a telephone service of quality at an affordable price. This service ensures routing of telephone communications, communications by fax and data communications at rates sufficient for access to Internet, origin or destination points of subscription, as well as the free flow of emergency calls.
«Fare conditions include maintaining, for one year, in case of default of payment, a service restricted with the ability to receive calls as well as to route telephone calls to free services or emergency services for the benefit of the debtor under Act No. 91-650 of 9 July 1991 reform of the civil procedures of the debtor who is the subject of measures provided for in articles L. 331-1 and following of the code of consumption.»
"Anyone who gets on his request, subscription to the service of an operator responsible for the universal service in accordance with the present code. The owner of a building or its agent may oppose the installation of the subscriber line requested by the tenant or occupant in good faith;
"(2) a service of information and a directory of subscribers, in print and electronic forms, in accordance with the provisions of article L. 35 - 4;
"(3) access to public telephone booths installed on the public domain;
"(4) to measures in favour of end users with disabilities in order to ensure, on the one hand, access to the services referred to in 1 °, 2 ° and 3 ° which is equivalent to the access enjoyed by other end-users and, on the other hand, the affordability of those services."
"Universal service is provided in tariff and technical conditions taking into account the specific difficulties encountered in access to telephone service by certain categories of persons, mainly due to their level of income and outlawing discrimination based on the geographical location of the user.
"A decree in Conseil d'Etat, taken after notice of the higher Commission of the public postal and telecommunications service, specifies the modalities of application of this article and the content of each of the components of the universal service.
'Art. L. 35-2. -Can be charged to one of the components of the universal service referred to in 1 °, 2 ° and 3 ° of article L. 35 - 1 all operator accepting the provision throughout the national territory and able to provide.
"The Minister in charge of telecommunications means operators responsible for providing the universal service components through calls for proposals covering technical and tariff conditions and, where applicable, the net cost of providing these services.
"In the event that a call for applications turns out to be unsuccessful, the Minister in charge of telecommunications designates an operator capable of providing the service in question on the whole of the national territory.
"The specifications of the operators in charge of the universal telecommunications service is submitted for opinion to the higher Commission of the public postal and telecommunications service.

"A decree in Conseil d'Etat, taken after notice of the higher Commission of the public postal and telecommunications service, determines the modalities of application of this article. It sets out the conditions under which universal service tariffs and its quality are controlled.
'Art. L. 35-3. -I. - net costs of universal service obligations are evaluated on the basis of appropriate accounts held by operators designated to ensure these obligations and audited, at their own expense, by an independent body appointed by the telecommunications regulatory authority. The assessment of these net costs takes into account the advantage on the market that remove operators subject to universal service obligations, if any, of these obligations. Net costs taken into account pursuant to the III may exceed the commitments made, where appropriate, in the context of calls for applications referred to in article L. 35 - 2, by operators designated to ensure the universal service obligations.
"II.-contribution of each operator to the financing of the universal service is calculated in proportion to the turnover achieved in respect of telecommunications services, other than one made in respect of the benefits of interconnection and access subject to the conventions defined in the I of article L. 34 - 8 and other services carried out or invoiced on behalf of third-party operators."
"However, the operators whose turnover is less than an amount fixed by Decree in Council of State provided for in article IV are exempt from contribution to the financing of the universal service.
"If an operator agrees to provide universal service, in tariff and technical conditions specific to certain categories of subscribers such as mentioned in article L. 35 - 1, or one of the elements of the offer referred to in 2 of the same article, the cost net of this offer is deducted from its contribution.
"The three preceding paragraphs apply to the final assessment to the title in 2002 and the following. The final assessment in respect of the year 2002 is made no later than November 2, 2004.
"III. - a Fund for universal telecommunications service ensures the financing of the net costs of the universal service defined in the I bonds. However, when the net costs of an operator subject to universal service obligations do not represent an excessive burden for this operator, no payment is due.
"The amount of the net contributions whose operators are indebted to the Fund in application of the II and the amount owed by the Fund to the operators designated to ensure the universal service obligations are determined by the telecommunications regulatory authority.
"The accounting and financial management of the Fund is provided by the Caisse des dépôts and consignments in a specific account. Exposed by the Fund management fees are charged to the Fund. The contributions of the operators are recovered by the Fund, as provided for the collection of this business.
"In case of default of payment of its contribution by an operator, the regulatory authority telecommunications expresses one of the penalties provided for in article L. 36 - 11 If new fails, it can prohibit a network open to the public or to provide public electronic communications services. If the amounts due are not collected within a period of a year, they are charged to the Fund in the following year.
'IV. - a decree in Conseil d'Etat, taken after notice of the higher Commission of the public postal and telecommunications service, fixed the modalities of application of this article. It states the conditions, the assessment methods that meet the requirements of transparency and advertising, compensation and sharing of the net costs of the universal service, as well as arrangements for management of the telecommunications universal service Fund. It also determines the categories of activities for which, by their nature, operators are not required to participate in the financing of the costs attributable to the universal service obligations. These activities include including the delivery and dissemination of radio and television services. "IV. - the third paragraph of article L. 35 - 4 of the code is removed.
V. - Article L. 35 - 5 of the code has been changed: (1) in paragraph 1, the words: ', advanced services of voice telephony and telex service' shall be replaced by the words: "and advanced voice services;
(2) the third subparagraph is deleted.
VI. - Article L. 35 - 6 of the same code has been changed: (1) the first subparagraph is deleted;
(2) in the third paragraph, the words: ' from the fiscal year 1997 ' shall be deleted.
VII. - Article L. 35 - 7 of the same code States: 'art. L. 35-7. -After public consultation and opinion of the authority of regulation of telecommunications and the High Commission for the public service of post and telecommunications, the Government shall submit to the Parliament before March 1, 2005, and then every three years, a report on the application of this chapter. It contains an analysis and a detailed assessment for each category of users the cost of all telecommunications services, including those not mentioned in this chapter as the mobile phone and Internet access. It evaluates the amounts spent by households to have access to technology information. He made proposals to bring down the amount of the telephone bill of households as well as to enrich the content of the universal service in the light of technological developments, to the needs of society and development balanced territory.
"The first of these reports includes a review of the coverage of the territory by portable and Internet access to broadband networks and assesses conditions of coverage of the national territory in multimedia terminals according to the conditions defined in article 6 of the specifications in the annex to the Decree No. 96-1225 of 27 December 1996 approving the specifications of France Telecom. It defines the technical conditions and economic benefits of mobile phone base may be included in the universal service. It also examines the interest and the possibility of extending universal service in broadband access to the Internet. "VIII. - after article L. 35 - 7 of the same code, it is inserted an article L. 35 - 8 thus written: 'art. L. 35-8. -Once submitted the report provided for in article L. 35 - 7, the Minister responsible for telecommunications decides whether to revive calls for applications referred to in article L. 35 - 2. "IX. - in the 4 ° of article L. 36 - 7 of the same code, the words:"Proposes to the Minister for telecommunications"shall be replaced by the word:"determines ".


Article 2 Law No. 90-568 of 2 July 1990 on the organisation of the public service of the post office and telecommunications is thus changed: i. - in the heading, the words: 'and telecommunications' are replaced by the words: "and to France Telecom."
II. - In article 1, the words: "and France Telecom and are referred to below as the common appellation of operator public ' are replaced by the words:", referred to below as of operator public, and France Telecom,
III. Article 3 is repealed.
IV. - To article 4, the words: 'and France Telecom compete' shall be replaced by the word: "competes", the words: "in their sector of activity" by the words: "in its sector of activity", and words: "Participate" by the words: 'participates '.
V. - 5 and article: (1) the words: "and France Télécom contribute" shall be replaced by the word: "contributes"
(2) it is supplemented by five paragraphs thus written: "without prejudice to the obligations imposed for the purposes of national defence and public safety in application of article L. 33 - 1 of the code of posts and telecommunications, France Telecom, at the request of the Government, establishes, operates, provides and maintains at all times and throughout the national territory". : '(a) networks or telecommunications services specialized security, assigned to the use of government authorities and representatives of the State on the national territory;
"(b) telecommunications services necessary during the travel of the President of the Republic.
"The costs of these benefits are reimbursed to France Telecom." A decree shall determine, as necessary, the conditions for the application of this article. "VI. - article 6 has been changed: (1) in paragraph 1, the words: 'and France Telecom are involved' shall be replaced by the word:"participate ";
(2) in the second paragraph, the words: "these operators may" are replaced by the words: "it can."
VII. - 8 thus article: (1) in paragraph 1, the words: 'fixed, for each public operators, its rights and obligations' shall be replaced by the words: 'fixed the rights and obligations of the public operator.

(2) in the last paragraph, the words: "provided by each operator" are deleted.
VIII. - Section 17 is repealed.
IX. - Section 23-1 is repealed.
X. - 34 so article: (1) in paragraph 1, the words: "public operators' are replaced by the words:"to the public operator and to France Telecom. "
(2) in the second paragraph, the words: 'public operators' are replaced by the words: "of the public operator", and the words: 'both public operators' with the words: "two businesses".
XI. - 35 this article: (1) in the seventh and thirteenth paragraphs, words: 'France Télécom' are replaced by the words: "operators responsible for providing the universal service in telecommunications;
(2) in the eighth preambular paragraph, after the words: 'the projects of plan contracts', shall be inserted the words: "of the public operator" and after the words: 'and specifications', are inserted the words: "the public operator and operators responsible for providing the universal service in telecommunications;
(3) in the tenth preambular paragraph, the words: 'operators' are replaced by the words: "the public operator and operators responsible for providing the universal service in telecommunications.


Article 3 the law No. 86 - 1067 of 30 September 1986 on freedom of communication is thus changed: i. - in the second paragraph of article 7, the words: 'in articles 44, 45, 49 and 51' are replaced by the words: 'in articles 44, 45 and 49.
II. - At the end of the first sentence of the first paragraph of article 16, the words: "and that the company provided for in section 51 of this Act is required to broadcast" are deleted.
III. - The first paragraph I of article 26 reads: "Notwithstanding any contrary permissions for usage rights granted prior to the date of entry into force of the Act No. 2000-719 1 August 2000 amending the Act No. 86-1067 of 30 September 1986 on freedom of communication, national program companies and European economic interest called Arte group are owners of the right to use of radio resources assigned for the broadcasting of their programmes terrestrially. "IV. - the first sentence of the first paragraph of article 48 is supplemented by the words:", as well as the imperatives of national defence, public safety and the Government communication in times of crisis. "V. - article 51 is repealed.
VI. - 54 and article: (1) in paragraph 1, the words: "and broadcast by the company under section 51" are deleted;
(2) it is supplemented by a well written paragraph: "a decree in Council of State specific obligations apply to companies providing broadcasting terrestrially from national societies of program, on grounds of national defence, public safety and the Government in times of crisis communications."
VII. - II of section 57 is modified: (1) in paragraph 1, the words: 'or the company laid down in article 51' are deleted;
(2) in the fourth preambular paragraph, the words: 'and society article 51' are deleted.
VIII. - 100 section is repealed on July 1, 2004.

TITLE II: CONDITIONS of SERVICE OF OFFICIALS OF FRANCE TELECOM section 4 the Act No. 90-568 of 2 July 1990 is thus changed: i. - article 29 has been changed: (1) the first subparagraph is supplemented by the words: "as well as to article 29-1;
(2) in the second paragraph, the words: 'common. These statutes"shall be replaced by the word: «who», and the words: 'public operator' shall be replaced by the word:"business ";
(3) in the fifth preambular paragraph, the words: "exceptionally" and: "provided for by the specifications" are deleted, words: "placed, on their request, out of position of activity in their bodies" are replaced by the words: 'on their demand, made available, seconded or placed outside the framework', and the words: 'public operators' are replaced by the words: "companies and their subsidiaries.
II. - The 1 article 29-1 is modified: (1) in the second sentence of the first paragraph and in the third paragraph, the words: 'national enterprise' are deleted;
(2) the first paragraph is completed with a well written sentence: "the president may delegate his powers of appointment and management and authorize the subdelegation in conditions of form, procedure and time determined.";
(3) it is supplemented by five well written paragraphs: "Notwithstanding section 9 of Act No. 83-634 of 13 July 1983 referred to above and in chapter II of the Act No. 84-16 of 11 January 1984, France Telecom officials participate with employees of the company to the Organization and the operation of their business, as well as management of its social action. through representative institutions provided for in titles II and III of book IV of the code of the work, subject to the adaptations, specified by Decree in Council of State, which are justified by the particular situation of officials of France Telecom.
"Section 16 of the Act No. 84-16 of 11 January 1984 does not apply to officials of France Telecom. Titles III and IV as well as chapters III and IV of title VI of book II of the labour code are applicable to France Telecom officials, subject to the modifications, specified by Decree in Council of State, which are justified by the particular situation of officials of France Telecom.
' Article 9 bis of Act No. 83-634 of 13 July 1983 supra applies to the election of the commissions provided for in article 14 of Act No. 84-16 of 11 January 1984 above and for the determination of the composition of the joint body representing the employees of France Telecom, to give an opinion on legislation relating to their statutes. provided for in this article. Chapter II of title I of book IV of the labour code is applicable to public servants of France Telecom. Notwithstanding the 7 ° of article 34 of the Act No. 84-16 of 11 January 1984, France Telecom officials right to economic, social and trade union training leave under the conditions laid down in chapter II of title V of book IV of the labour code and Ier.
"The president of France Telecom may establish specific benefits, which amount can be modulated to take account of the evolution of the other elements of the remuneration of officials of France Telecom, such that they result from article 20 of Act No. 83-634 of 13 July 1983.
"The enforcement of the present article are specified by Decree in Council of State. This Decree States the particular composition and operating procedures of the joint body representing officials and responsible for giving an opinion on legislation relating to their statutes. "III. - 2 of article 29-1 is repealed.
IV. - After article 29-1, he inserted a well written article 29-2: 'art. 29-2.-during a transitional period, linked to the presence of officials in the company, the necessary for the appointment and officials present in the company management powers to the president of France Telecom appointed by the Board of Directors. However, the power to impose disciplinary sanctions of the fourth group, provided for in article 66 of the Act No. 84-16 of 11 January 1984, belongs to the Minister for telecommunications that carries on the proposal of the president of France Telecom and on the advice of the joint administrative Committee sitting as a Board of discipline. "V. - in the second paragraph of article 31, the words:"and to France Telecom"are deleted.
VI. - 33 so article: (1) in the first sentence of the fourth paragraph, the words: 'each of the two public operators' are replaced by the words: 'the public and France Telecom operator', and the words: 'every public operator' shall be replaced by the words: "each of these companies."
(2) in the second sentence of the fourth paragraph, after the word: "designated", inserted a member of sentence reads: ", regarding France Telecom, through its Committee of business and, with regard to the public operator, ';
(3) in the second paragraph, the words: "the two operators" and, in the eighth preambular paragraph, the words: 'operators' are replaced by the words: "France Telecom and the public operator;
(4) in the last preambular paragraph, the words: 'every public operator' shall be replaced by the words: "the public operator.
VII. - Article 33-1 is modified: (1) in the first paragraph, the words: "within France Telecom and" are deleted, and the words: 'each operator' shall be replaced by the words: 'operator ';
(2) in the second paragraph, the words: 'respectively' and ' France Télécom or "are deleted;
(3) the last paragraph reads:

"The president of the post office or his representative is right president advice guidance and management of the social activities of the post office. He is assisted by two Vice-Chairs appointed from among representatives of the trade unions by the representatives in the Council of orientation and management of trade unions and staff associations to national character according to the same rules of voting in the Board of Directors. » ;
(4) in the last preambular paragraph, the words: "of boards of direction and management agreements are submitted" are replaced by the words: "the agreement of the Board of direction and management is submitted", the words: 'and telecommunications' are removed, and the word: 'fix' is replaced by the word: "fixed".
VIII. - in the second paragraph of article 34, the words: 'unity of the statutory and social situation of the staff of the post office and France Telecom' are deleted.


Article 5 after article 29-1 of Act No. 90-568 of 2 July 1990, he inserted a well written article 29-3: 'art. 29-3.-officials of France Telecom can be integrated on request, until December 31, 2009, in one of the bodies or executives to jobs in the civil service of the State, the territorial public service or the public hospital service. This integration is subject to a probationary period followed by a period of specific detachment. It is based on the qualifications of staff, notwithstanding the rules relating to the recruitment of bodies or executives of home jobs, except those subordinating the exercise of the corresponding functions to the possession of a title or specific degree.
"If the index obtained by the official in the host body is lower than that held in the original body, flat-rate compensation is paid by France Telecom. In this case, the official of France Telecom may, at the time of its integration, ask to pay contributions for retirement on the basis of the treatment subject to withholding for pensions that he held in his original body. This option is irrevocable. It leads to the liquidation of the pension on the basis of this same treatment when it is higher than that mentioned in the first paragraph I of article L. 15 of the code of civil and military retirement pensions. The administrations or host organizations benefit also of financial measures and assistance at the expense of France Telecom.
"The conditions of application of the provisions of this article, and including the determination, by a commission created for this purpose, bodies, frames of grades and ranks of home jobs, are laid down by Decree in Council of State." These decrees also set out specific modalities for the integration of officials of France Telecom in the body put into extinction. ("Article 6 i. - the law No. 90-568 of 2 July 1990 referred to above is amended: (1) article 30 has been changed: has) before the first paragraph, he inserted a well written paragraph: ' article L. 712 - 3 of the code of social security applies to officials of France Telecom.» "The retention in treatment provided for by article 34 of law No. 84-16 of 11 January 1984 supra, the refund of the fees and costs provided for in the 2 ° of this article and the liquidation and payment of allowances, benefits and pensions mentioned that article L. 712 - 3 are provided by France Telecom."
(b) in paragraph 1, the words: 'those public operators' are replaced by the words: "those of the public operator and France Telecom", words: 'placing the responsibility of public operators' are replaced by the words: 'placing the responsibility of companies' and the words: "PTT General mutual" are replaced by the words: "General insurance";
(c) in the second paragraph, the words: 'public operators' are replaced by the words: "business", and the word: 'required' is replaced by the word: "fines";
(d) in the first sentence of the c, the word: 'national' is deleted;
(2) the second and third sentences of article 31-1 1 are deleted;
(3) article 32 reads: 'art. 32. - the provisions of articles L. 441 - 1 to L. 441 - 7 of the labour code relating to the incentive of employees in the company are applicable to all the personnel of the post office and France Telecom.
"The conditions in which such personnel receive a profit sharing linked to the development of products or services are set by the Board of Directors of each company.
"Every institution or group of institutions of the public operator of a size greater than a threshold defined by the Board of Directors has, in respect of the conditions that will be defined by the plan of the public operator of a management contract contract.
"The provisions of chapters II, III and IV of title IV of book IV of the labour code are applicable to all personnel of France Telecom, including those referred to in articles 29 and 44 of this Act, from the year 1997";
(4) A article 32-1, the words: 'national enterprise' shall be replaced by the words: "anonymous society";
(5) article 36 is thus changed: has) in the first paragraph, the words: 'public operators' shall be replaced by the word: "business";
(b) the second paragraph reads: ' it gives its opinion on all matters relating to the social management and the incentive of the public operator personnel which are submitted by the Minister or the staff representatives under the conditions laid down by Decree. " It is consulted on the sharing by the two companies of the means necessary for the development of their social activities. » ;
(c) the third paragraph reads: "she is competent to deliver an opinion on the projects to amend particular statutes bodies approved the post office and France Telecom and on the development of the classification of the public operator personnel.» It also gives its opinion on the conditions in which the post office uses the faculty that it is recognized by the first paragraph of article 31. » ;
(6) in the second paragraph of article 44, the words: "if necessary, it will be expected in these particular statutes" shall be replaced by the words: "these particular statutes", and the words: 'operators' are replaced by the words: «the public operator, France Telecom or their subsidiaries, including by way of assignment of office»
II. - After the fifth paragraph (4) of article L. 351 - 12 of the labour code, inserted a 5 ° thus written: "(5) officials of France Telecom placed out of position of activity in their bodies to ensure that functions either in the company, in accordance with the fifth paragraph of article 29 of law No. 90-568 of 2 July 1990 on the Organization of the public service of post and telecommunications. , in one of its subsidiaries. ' TITLE III: STATUS OF FRANCE TELECOM Article 7 I. - section 1-1 of Act No. 90-568 of 2 July 1990 reads: 'art. 1-1.-the France Telecom company is subject to the legislative provisions applicable to public limited companies insofar as they are not contrary to this Act. "II. - France Telecom is added to the list annexed to the law No. 93-923 of 19 July 1993 privatization.
III. - for the purposes of paragraph 3 of the I of article 2 of law No. 93-923 of 19 July 1993 supra, the share held by the State in the capital of France Telecom is determined taking into account the direct and indirect participation of the State.
IV. - Article 8-1 of no. 86-912 August 6, 1986 the terms of the privatization Act applies to the entire staff of France Telecom.
V. - Enforcement France Telecom to article 2 of the Decree of October 30, 1935, organizing the State control of the companies, unions and associations or businesses of any kind having called upon the financial support of the State, it is considered owned participation directly and indirectly by the State in the capital of this company.


Article 8 the law No. 90-568 of 2 July 1990 referred to above is thus changed: i. - at article 7, the words: 'Every public operator' shall be replaced by the words: "the public operator.
II. - 9 Thus article: (1) in the first paragraph, the words: 'and France Telecom' are deleted, and the words: 'every public operator' shall be replaced by the words: "the public operator;
(2) in the second paragraph, the words: 'Each contract' shall be replaced by the words: "this contract".
III. - Article 10-1 is repealed.
IV. - To article 11, after the words: "of the Board" are inserted the words: "of the public operator.
V. - Section 12 is amended so: (1) words: "boards" are replaced by the words: "Board of Directors", the words: "from each of these public operators and their respective subsidiaries' by the words:"of the public and its subsidiaries operator", the words: 'of public operators' by words: 'of the public operator' and the words: 'and France Telecom' are deleted;

(2) it is supplemented by a well written paragraph: ' articles L. 225 - 27 to L. 225 - 34 of the commercial code are applicable to the whole of France Telecom staff, subject to the adjustments specified by Decree in Council of State, which are made necessary by the status of the personnel defined in article 29 of this Act. ".
VI. - To article 14, the words: 'Every public operator' shall be replaced by the words: "the public operator.
VII. - 15 so article: (1) in paragraph 1, the words: 'every public operator' shall be replaced by the words: 'the public operator', and the words: "and to France Telecom" are deleted;
(2) in the second paragraph, the words: 'Every public operator' shall be replaced by the words: "the public operator.
VIII. - To article 25, the words: 'and France Telecom with their users, providers and third parties' shall be replaced by the words: "with its users, suppliers and third parties.
IX. - To article 26, the words: 'public operators to their users' are replaced by the words: "the public operator to its users.
X - Has article 27, the words: "each operator public ' are replaced by the words:"of the public operator.
XI. - Has the article 28, the words: 'and France Telecom have' shall be replaced by the word: 'features '.
XII. - 38 this article: (1) in paragraph 1, the words: "to the specificity of each operator' shall be replaced by the words:"to the specificity of the public operator.
(2) in the second paragraph, the words: "representatives of operators, users and the staff of the post office and France Telecom" are replaced by the words: "of representatives of the public operator, its users and its staff."
(3) in the third paragraph, the words: 'public operators' are replaced by the words: "of the public operator.
XIII. - Article 39 is modified: (1) in paragraph 1, the words: "and France Telecom are subject" are replaced by the words: "is submitted.
(2) in the second paragraph, the words: 'They' are replaced by the words: 'it is subject.
XIV. - To article 40, the words: 'France Télécom or' are deleted.

TITLE IV: PROVISIONS TRANSITIONAL AND FINAL Article 9 I. - II and X of article 8 provisions come into effect upon publication of this Act. The provisions of the IV of section 4 and the provisions of the other paragraphs of article 8 come into force on the date of the transfer to the private sector in the majority of the capital of France Telecom.
II. - The entry into force of the VII of article 8 does not interrupt the mandate of the Auditors of France Telecom appointed before that coming into force.
III. - The provisions of III, 2 ° of the VI and the VII of article 4 come into force the day after the first elections to the Council of France Telecom after the entry into force of this Act.
IV. - The other provisions of this Act come into force on the date of its publication.
However, until the designation of one or more operators in charge of universal service at the end of the call for nominations foreseen in article L. 35 - 2 of the code of posts and telecommunications and, at the latest, until 31 December 2004, France Telecom continues to provide public service obligations that other matters in the terms and conditions prior to the enactment of this Act. In addition, France Telecom remains subject to the obligations of tariff control that other matters before the enactment of this Act.
V. - Within twelve months of the publication of this Act, the president of France Telecom will engage with the representative trade unions of the staff in the company the negotiation of an agreement including on staff representative bodies and the right to organize.
VI. - The conditions of execution of title II will be an assessment in January 1, 2019, in view, as appropriate, to adapt the terms of employment of officials of France Telecom to the situation of the company and the requirements of good management of the bodies to which they belong.


Article 10 independent provisions of right in accordance with the I of article 3 of law No. 2001-616 of 11 July 2001 on Mayotte, the other provisions of this Act shall apply to this community.
Article 3 shall apply in French Polynesia, Wallis and Futuna and New Caledonia.


Article 11 the last paragraph of section 41 of the Act No. 86-1067 of 30 September 1986 is deleted.
This Act will be enforced as law of the State.

Done at Paris, on 31 December 2003.
Jacques Chirac, the President of the Republic: Prime Minister, Jean-Pierre Raffarin the Minister of Social Affairs, labour and solidarity, François Fillon the Minister of Foreign Affairs, Dominique de Villepin, the Minister of economy, finances and industry Francis Mer the Minister of culture and communication, Jean-Jacques Aillagon Minister of public service the reform of the State and the planning, Jean-Paul the Minister Delevoye of the overseas, Brigitte Girardin the Minister responsible for industry, Nicole Fontaine, the Minister responsible for European Affairs, Noëlle Lenoir (1) Law No. 2003 - 1365.
-Community directives: Directive 2002/77/EC of the Commission of 16 September 2002 on competition in the markets of electronic communications services and networks;
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of users in terms of networks and electronic communications services.
-Preparatory work: Senate: Bill No. 421 (2002-2003);
Report of Mr. Gérard Larcher, on behalf of the Committee on Economic Affairs, no. 21 (2003-2004);
Discussion on 21 and 22 October 2003 and adopted on 22 October 2003.
National Assembly: Bill, passed by the Senate, no. 1163;
Report of Mr. Alfred Trassy-Paillogues, on behalf of the commission for Economic Affairs No. 1248;
Discussion on 4 and 5 December 2003 and adopted on 5 December 2003.
Senate: Bill, amended by the National Assembly, no. 105 (2003-2004);
Report of Mr. Gérard Larcher, on behalf of the Committee on Economic Affairs, no. 108 (2003-2004);
Discussion and adoption on 16 December 2003.

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