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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Learn more about this text ...

Text information

Application Texts

Summary

AMENDMENT OF THE POSTS CODE AND TELECOMMUNICATIONS: 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 CODE OF WORK: Article L. 351-12. AMENDMENT TO ACT 90-568 DU 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, 33-1, 34, 35, 36, 38, 39, 40, 44. AMENDMENT TO ACT 86-1067 DU 30-09-1986: sections 7, 16, 26, 41, 48, 51, 54, 57, 100. AMENDMENT TO LAW 93-923 dated 19-07-1993: Schedule.

Keywords

ECONOMY , FINANCE , JOB CODE , POSTAL CODE AND TELECOMMUNICATIONS , FRANCE TELECOM , CAPITAL , PRIVATIZATION , PUBLIC TELECOMMUNICATIONS SERVICE , UNIVERSAL SERVICE LIMITS FOR TELECOMMUNICATIONS , EMPLOYEE , EMPLOYMENT , TRANSFERRING , REMUNERATION , STATUS , PUBLIC OPERATOR , OPERATING , RESEAU , PRICING , FUNDING , CONTRIBUTION , MONOPOLY , COMPETITION , CALL FOR APPLICATIONS , OBLIGATION , COUT , CALCULATING , BILL OF LAW

Legislative Folders

Later Links




JORF No. 1 of January 1, 2004 Page 9
Text N ° 1


LAW
ACT No. 2003-1365 of 31 December 2003 on public service obligations for telecommunications 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 following:

  • TITLE I: PUBLIC SERVICE OBLIGATIONS FOR TELECOMMUNICATIONS Item 1


    I.-Chapter III of Title I Of book II of the Postal Code and telecommunications is entitled 'Public service obligations'.
    II. -In the first paragraph of Article L. 35 of the same Code, the words'Public telecommunications service shall be provided' shall be replaced by the words'Public service obligations shall be provided', and the words'shall include' shall be replaced by the following: Words: "They include".
    III. -Articles L. 35-1, L. 35-2 and L. 35-3 of the Code read as follows:
    " Art. L. 35-1. -The universal service of telecommunications provides all:
    " 1 ° A quality telephone service at an affordable price. This service ensures the routing of telephone communications, fax communications and data communications at sufficient rates to allow access to the Internet, from or to the point of subscription, thus The free delivery of emergency calls.
    " The tariff conditions include the maintenance, for one year, in the event of default, of a restricted service with the possibility of receiving calls as well as Telephone calls to free services or emergency services for the benefit of the debtor seised pursuant to Law No. 91-650 of 9 July 1991 on the reform of the civil enforcement procedures and the debtor, which is the subject of planned measures Articles L. 331-1 et seq. Of the Consumer Code.
    " Every person shall obtain, on his or her application, the subscription to the service of a universal service operator under the conditions laid down in this Code. The owner of a building or his agent shall not oppose the installation of the subscriber line requested by its lessee or occupant in good faith;
    " 2 ° An information service and a subscriber directory, in printed form and Electronic, in accordance with the provisions of Article L. 35-4;
    "3 ° Access to public telephone booths installed on the public domain;
    " 4 ° Specific measures in favour of disabled end-users in order to ensure, On the one hand, access to the services mentioned in the 1 °, 2 ° and 3 ° which is equivalent to the access enjoyed by the other end users and, on the other, the affordability of those services.
    " The universal service is provided in Tariff and technical conditions taking into account the particular difficulties encountered in accessing the telephone service by certain categories of persons, in particular by reason of their level of income and by prohibiting all Discrimination based on the geographical location of the user.
    " A decree in the Council of State, taken after the opinion of the Higher Commission for the Public Service of Post and Telecommunications, specifies the procedures for the application of this Article and the content of each component of the universal service.
    " Art. L. 35-2. -May be responsible for providing one of the components of the universal service mentioned in the 1 °, 2 ° and 3 ° of Article L. 35-1 any operator by accepting the supply throughout the national territory and capable of providing it.
    " The Minister responsible for Telecommunications operators shall designate the operators responsible for providing the components of the universal service following calls for applications relating to the technical and tariff conditions and, where appropriate, the net cost of providing them Benefits.
    " In the event that a call for applications is unsuccessful, the Minister responsible for telecommunications shall designate an operator capable of providing the service in question throughout the national territory.
    " The specifications for the or Operators in charge of the universal telecommunication service shall be submitted to the Higher Commission for the Public Service of Posts and Telecommunications for an opinion.
    " A decree in the Council of State, taken after the opinion of the High Commission of Public service of posts and telecommunications shall determine the rules for the application of this Article. It lays down the conditions under which the tariffs of the universal service and its quality are controlled.
    " Art. L. 35-3. -I.-The net costs attributable to universal service obligations shall be assessed on the basis of an appropriate accounting maintained by the operators designated to ensure these obligations and audited, at their own expense, by an independent body designated by the The Telecommunications Regulatory Authority. The assessment of these net costs takes into account the market advantage that operators subject to universal service obligations withdraw, where appropriate, these obligations. The net costs taken into account under III may not exceed the commitments made, where appropriate, in the context of the calls for applications provided for in Article L. 35-2, by the operators designated to fulfil the obligations of the service Universal.
    " II. -The contribution of each operator to the financing of the universal service shall be calculated in proportion to its turnover in respect of telecommunications services, excluding that carried out in respect of the interconnection benefits and Access which is subject to the conventions defined in the I of Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators.
    " However, operators whose sales are less than an amount fixed by The decree of the Council of State provided for in the IV of this Article shall be exempt from the contribution to the financing of the universal service.
    " If an operator agrees to provide universal service, under tariff and technical conditions Specific to certain categories of subscribers as mentioned in Article L. 35-1, or one of the elements of the offer referred to in 2 ° of the same article, the net cost of this offer shall be deducted from its contribution.
    " All three previous paragraphs Apply to the final evaluation conducted for the year 2002 and subsequent years. The final assessment for the year 2002 shall be completed by 2 November 2004 at the latest.

    " III. -A universal telecommunications service fund provides for the financing of the net costs of the universal service obligations defined in I. However, when the net costs of an operator subject to universal service obligations do not represent An excessive charge for this operator, no payment is due.
    " The amount of net contributions whose operators are liable to the fund under the II and the amount of money owed by the fund to the operators designated for Ensuring the obligations of the universal service are determined by the Telecommunications Regulatory Authority.
    " The accounting and financial management of the fund is provided by the Caisse des deposits et consignations in a specific account. Management fees incurred by the credit union are charged to the fund. The contributions of the operators shall be recovered by the credit union, in accordance with the arrangements laid down for the recovery of the claims of that institution.
    " In case of failure to pay its contribution by an operator, the Regulatory Authority of Telecommunications pronounced one of the penalties provided for in Article L. 36-11. In the event of a new failure, it may prohibit the operation of a network open to the public or provide the public with electronic communications services. If the amounts owing are not recovered within one year, they are charged to the fund in the following year.
    " IV. -A Council of State decree, taken after the opinion of the Higher Commission for the Public Service of Post and Telecommunications, lays down the rules for the application of this Article. It specifies, in particular, the conditions for allocation, the methods of evaluation which meet the requirements of transparency and publicity, the compensation and the sharing of the net costs of the universal service, and the management of the Universal telecommunications service funds. It also determines the categories of activities for which, due to their nature, operators are not required to participate in the financing of costs attributable to universal service obligations. These activities include the routing and broadcasting of radio and television services. "
    IV. -The third paragraph of Article L. 35-4 of the Code is deleted.
    V.-Article L. 35-5 of the same code is thus amended:
    1 ° In the first subparagraph, the words: ', advanced voice telephony and telex services' shall be replaced by The words "and advanced voice telephony services";
    2 ° The third paragraph shall be deleted.
    VI. -Article L. 35-6 of the same code is thus amended:
    1 ° The first subparagraph is deleted;
    2 ° In the third subparagraph, the words'starting from the 1997 budget year' shall be deleted.
    VII. Article L. 35-7 of the Code reads as follows:
    " Art. L. 35-7. -After public consultation and opinion of the Telecommunications Regulatory Authority and the Higher Commission for the Public Service of Post and Telecommunications, the Government shall deliver to Parliament before 1 March 2005, and every three years thereafter, A report on the application of this Chapter. It includes a detailed analysis and assessment for each category of users of the cost of all telecommunications services, including those not mentioned in this chapter, such as mobile telephony and Internet access. It assesses the amount of money spent by households to access information technology. It makes proposals to reduce the amount of the telephone bill of households and to enrich the content of the universal service with regard to technological developments, the needs of society and the balanced development of the Territory.
    " The first of these reports provides an assessment of the coverage of the territory by mobile radiotelephony networks and broadband Internet access and assesses the conditions of coverage of the national territory in bounds Multimedia according to the conditions laid down in Article 6 of the specifications set out in the annex to Decree No. 96-1225 of 27 December 1996 approving the specifications of France Télécom. It defines under what technical and economic conditions mobile basic services can be included in the universal service. It also looks at interest and the possibility of extending the universal service to broadband Internet access. "
    VIII. -After Article L. 35-7 of the same Code, a Article L. 35-8 reads as follows:
    " Art. L. 35-8. -Once the report provided for in Article L. 35-7 has been submitted, the Minister responsible for telecommunications shall decide whether to relaunch the calls for applications referred to in Article L. 35-2. "
    IX. -In Article L. 36-7 of the same Code, the words'Propose to the Minister responsible 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 postal and telecommunications service is hereby amended:
    I.-In the title, the words'and telecommunications' shall be replaced By the words: "and France Télécom".
    II. -In Article 1, the words'and of France Télécom and are hereinafter referred to as the common name of public operator' shall be replaced by the words', hereinafter referred to as the public operator, and France Télécom,'.
    III. -Section 3 is repealed.
    IV. -In Article 4, the words'and France Télécom concur' shall be replaced by the word 'conshort', the words'in their sector of activity' with the words'in its sector of activity', and the words'They participate' with the words: ' Elle Participates ".
    V.-Article 5 is thus amended:
    1 ° The words: "and France Télécom contribute" are replaced by the word: "contributes";
    2 ° It is supplemented by five paragraphs thus written:
    " Without prejudice to its obligations For the purposes of national defence and public security pursuant to Article L. 33-1 of the Code of Posts and Telecommunications, France Télécom, at the request of the Government, establishes, operates, provides and maintains Under the circumstances and throughout the national territory:
    "(a) Specialized security telecommunications networks or services for use by government authorities and state representatives on national territory;
    " (b) Telecommunication services required for the travel of the President of the Republic.
    " The costs of these benefits are reimbursed to France Telecom.
    " An Order in Council determines, as appropriate, the conditions of application In this article. "
    VI. -Article 6 is thus amended:
    1 ° In the first subparagraph, the words: "and France Télécom participate" are replaced by the word: "participates";
    2 ° In the second subparagraph, the words: "these operators may" are replaced by the words: " elle Can ".
    VII. -Article 8 is thus amended:
    1 ° In the first subparagraph, the words: "fixed, for each public operator, its rights and obligations" are replaced by the words: "fixes the rights and obligations of the public operator";
    2 ° In the Last paragraph, the words'insured by each operator' shall be deleted.
    VIII. -Article 17 is repealed.
    IX. -Section 23-1 is repealed.
    X. - Section 34 is thus amended:
    1 ° In the first paragraph, the words: "to public operators" are replaced by the words: "to the public operator and to France Télécom";
    2 ° In the second subparagraph, the words: "Public operators" shall be replaced by the words "of the public operator" and the words "the two public operators" with the words "the two undertakings".

    XI. -Article 35 is thus amended:
    1 ° To the seventh and thirteenth paragraphs, the words: "France Télécom" are replaced by the words: "operators responsible for providing the universal telecommunication service";
    2 ° In the eighth paragraph, after The words: 'plans for plan contracts' shall be inserted in the words'of the public operator' and, after the words'and specification', shall be inserted: ' of the public operator and of the operators responsible for providing the service
    the tenth preambular paragraph, the words'operators' shall be replaced by the words'of the public operator and of the operators responsible for providing the universal telecommunication service'.

    Article 3


    Law No. 86-1067 of 30 September 1986 on freedom of communication is thus amended:
    I.-In the second paragraph In Article 7, the words'in Articles 44, 45, 49 and 51' shall be 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 Article 51 of this Law shall be obliged to broadcast' shall be deleted.
    III. -The first paragraph of I of Article 26 reads as follows:
    " Notwithstanding anything contrary to the authorisations for rights of use issued before the date of entry into force of Law No. 2000-719 of 1 August 2000 amending Act No. 86-1067 of the 30 September 1986 on freedom of communication, national programme companies and the European grouping of economic interest known as Arte are holders of the right of use of the radio resources assigned for the dissemination of Their terrestrial hertzian programs. "
    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 security and government communication in times of crisis. "
    V.-Section 51 is repealed.
    VI. -Article 54 is thus amended:
    1 ° In the first subparagraph, the words'and broadcast by the company provided for in Article 51' shall be deleted;
    2 ° It shall be supplemented by a paragraph worded as follows:

    ' A decree in the Council of State shall specify the Obligations for companies providing terrestrial terrestrial broadcasting of national program companies, for reasons relating to national defence, public security and Government communications in times of crisis. "
    VII. -The second paragraph of Article 57 is amended as follows:
    1 ° In the first subparagraph, the words'or the company provided for in Article 51' shall be deleted;
    2 ° In the fourth paragraph, the words'and the company provided for in Article 51' shall be deleted.
    VIII. -Article 100 is repealed as of 1 July 2004.

  • TITLE II: CONDITIONS OF EMPLOYMENT OF FRANCE TELECOM FUNCTIONARIES Article 4


    Law n ° 90-568 of 2 July 1990 is thus amended:
    I.-Article 29 is thus amended:
    1 ° The first subparagraph is supplemented by the words "as well as in Article 29-1";
    2 ° In the second subparagraph, the words: " Common. These statutes'shall be replaced by the word' which ', and the words' public operator 'shall be replaced by the word' undertaking ';
    3 ° In the fifth paragraph, the words' exceptionally 'and' provided for in the specification ' shall be deleted, The words: 'placed, on their request, out of the position of activity in their bodies' shall be replaced by the words'on request, made available, seconded or placed outside the framework', and the words'public operators' shall be replaced by the words' Words: "undertakings and their subsidiaries".
    II. -Paragraph 1 of Article 29-1 is thus amended:
    1 ° In the second sentence of the first subparagraph and in the third subparagraph, the words'the national undertaking' shall be deleted;
    2 ° The first subparagraph shall be supplemented by a sentence so worded:
    ' Le President may delegate his/her appointment and management powers and authorize the sub-delegation in the form, procedure and time frame it determines. ";
    3 ° It is supplemented by five paragraphs thus written:
    " By way of derogation from Article 9 of Law No. 83-634 of 13 July 1983 and Chapter II of Law No. 84-16 of 11 January 1984, cited above, the officials of France Télécom Participate with the employees of the company in the organisation and operation of their business, and in the management of its social action, through the representative institutions provided for in Titles II and III of Book IV of the Code of Work, subject to adaptations, specified by decree in the Council of State, which are justified by the special situation of the officials of France Télécom.
    " Article 16 of Law No. 84-16 of 11 January 1984 does not apply To France Telecom officials. Titles III and IV and Chapters III and IV of Title VI of Book II of the Labour Code shall apply to officials of France Télécom, subject to adaptations, specified by decree in the Council of State, which are justified by the Special situation of France Telecom officials.
    " Article 9a of Law No. 83-634 of 13 July 1983 applies in respect of the election of the committees provided for in Article 14 of Act No. 84-16 of 11 January 1984. The determination of the composition of the joint body representing the officials of France Télécom and responsible for giving an opinion on the texts relating to their statutes, provided for in this Article. Chapter II of Title I of Book IV of the Labour Code applies to officials of France Télécom. By way of derogation from Article 34 of Article 34 of Act No. 84-16 of 11 January 1984, the employees of France Télécom are entitled to a leave of economic, social and trade union training under the conditions laid down in Chapters I and II of Title V of the Book IV of the Labour Code.
    " The President of France Telecom may institute specific allowances, the amount of which may be modulated to take account of the evolution of other elements of the remuneration of France Telecom officials, As they are the result of Article 20 of Law No. 83-634 of 13 July 1983.
    " The procedures for the application of this Article shall be specified by decree in the Council of State. This Decree shall specify in particular the specific composition and manner of operation of the joint body representing officials and responsible for giving an opinion on the texts relating to their statutes. "
    III. -Section 29-1 is repealed.
    IV. -After Article 29-1, an Article 29-2 reads as follows:
    " Art. 29-2. - During a transitional period, relating to the presence of officials in the undertaking, the powers necessary for the appointment and management of the employees present in the undertaking are conferred on the President of France Télécom designated by Governing Council. However, the power to impose the disciplinary sanctions of the fourth group, provided for in Article 66 of Law No. 84-16 of 11 January 1984 referred to above, shall belong to the Minister responsible for telecommunications acting on the proposal of the President of the France Telecom and after the opinion of the Joint Administrative Committee sitting on the Disciplinary Board. "
    V.-In the second paragraph of Article 31, the words" and France Télécom " are deleted.
    VI. -Article 33 is thus amended:
    1 ° In the first sentence of the fourth paragraph, the words'each of the two public operators' shall be replaced by the words'the public operator and France Télécom', and the words' each public operator 'shall be replaced by the words' each of these undertakings';
    2 ° In the second sentence of the fourth paragraph, after the word' designated ', it shall be inserted as follows:', in the case of France Télécom, by its committee And, as regards the public operator, ';
    3 ° In the second paragraph, the words' the two operators'and, in the eighth paragraph, the words' the operators'shall be replaced by the words' France Télécom and the public operator ' ;
    4 ° In the last paragraph, the words'each public operator' shall be replaced by the words'the public operator'.
    VII. -Article 33-1 is thus amended:
    1 ° In the first subparagraph, the words'within France Télécom and' shall be deleted, and the words'each operator' shall be replaced by the words'the operator';
    2 ° In the second subparagraph, the words: ' "And" France Télécom ou "shall be deleted;
    3 ° The penultimate subparagraph shall read as follows:
    " The President of La Poste or his representative shall be the chairman of the guidance and management of the social activities of La Position. It shall be assisted by two Vice-Presidents appointed from among the representatives of trade unions by representatives of the Council for the Management of Trade Union Organisations and of the National Staff Associations in accordance with the The same voting rules as in the Council. ";
    4 ° In the last paragraph, the words:" The constitutive conventions of the policy and management boards shall be submitted "shall be replaced by the words:" The constitutive agreement of the board of directors shall be submitted ", the words: 'and telecommunications' are deleted, and the word 'fix' is replaced by the word 'fixed'.
    VIII. -In the second paragraph of Article 34, the words: "l' unité de la situation statutory et sociale des personnels de La Poste et de France Télécom" are deleted.

    Article 5


    After Article 29-1 of Law No. 90-568 of 2 July 1990, it is inserted a Article 29-3 read as follows:
    " Art. 29-3. - Officials of France Télécom may be integrated on their application, until 31 December 2009, in one of the civil service's civil service, civil service or civil service. Hospital. This integration is subject to a probationary period followed by a specific period of secondment. It shall, on the basis of the qualifications of officials, be carried out, notwithstanding the rules on the recruitment of staff or host employment, with the exception of those which require the exercise of the functions corresponding to the holding of a Specific title or diploma.
    " If the index obtained by the official in the receiving body is less than that held in the original body, a lump-sum compensatory allowance is paid to him by France Télécom. In this case, the employee of France Télécom may, at the time of his integration, apply to contribute for retirement on the basis of the salary subject to the pension deduction he held in his original body. This option is irrevocable. It shall result in the liquidation of the pension on the basis of that same treatment when it is higher than that mentioned in the first paragraph of Article L. 15 of the Civil and Military Pension Code. The host administrations or organisations also benefit from financial and support measures for France Télécom.
    " The conditions of application of the provisions of this Article, and in particular the determination, by a The committee set up for this purpose, bodies, posts, grades and reception levels, are fixed by decree in the Council of State. These decrees also set out the specific arrangements for the integration of France Telecom officials in endangered bodies. "

    Article 6


    I.-The aforementioned Law No. 90-568 of 2 July 1990 is thus amended:
    1 ° Article 30 is thus amended:
    a) Before the first subparagraph, a paragraph shall be inserted as follows:
    " Article L. 712-3 of the Code of Social Security shall apply to officials of France Télécom. The maintenance of the treatment provided for in Article 34 of Act No. 84-16 of 11 January 1984 referred to above, the reimbursement of the costs and fees provided for in 2 ° of this article and the liquidation and payment of allowances, allowances and pensions referred to above Article L. 712-3 is provided by France Télécom. ';
    (b) In the first paragraph, the words' those of public operators'shall be replaced by the words' those of the public operator and of France Télécom ', the words' placing on the public operators' shall be replaced by the following words: ' "General Mutual of PTT" shall be replaced by the words: "General Mutual";
    (c) In the second paragraph, the words: "public operators" shall be replaced by the words: "enterprises", and the word "Astreints" is replaced by the word "periodic penalty";
    d) In the first sentence of c, the word "national" is deleted;
    2 ° The second and third sentences of 1 of Article 31-1 are deleted;
    3 ° Article 32 is thus deleted Written:
    " Art. 32. - The provisions of Articles L. 441-1 to L. 441-7 of the Labour Code relating to the employee's interest in the undertaking are applicable to all employees of La Poste and France Télécom.
    " The conditions under which these Of an interest in the development of products or services shall be fixed by the board of directors of each undertaking.
    " Every establishment or group of establishments of the public operator of a larger size To a threshold defined by the board of directors shall be endowed, in accordance with the conditions to be laid down in the contract of plan of the public operator, of a management contract.
    " The provisions of Chapters II, III and IV of Title IV of the Book IV of the Labour Code shall apply to all employees of France Télécom, including those referred to in Articles 29 and 44 of this Law, beginning in the financial year 1997. ";
    4 ° A l' article 32-1, les mots:" l' entreprise nationale "sont supersepar les mots:" la société anonyme ";
    5 ° Section 36 is thus amended:
    a) In the first paragraph, the words:" publics publics "are replaced by the word:" Enterprises ";
    (b) The second paragraph shall read as follows:
    " It shall give its opinion on all matters relating to the social management and the interest of the staff of the public operator who are referred to it by the Minister or Staff representatives under the conditions laid down by decree. It is consulted on the pooling by the two companies of the means necessary for the development of their social activities. ";
    (c) The third paragraph reads as follows:
    " It is competent to deliver an opinion on the plans to amend the specific statutes of the registered bodies of La Poste and France Télécom and on the evolution of the classification of the Public operator's staff. It also gives its opinion on the conditions under which La Poste uses the power conferred on it by the first paragraph of Article 31. ";
    6 ° In the second paragraph of Article 44, the words:" Where appropriate, shall be provided for in these particular statutes "shall be replaced by the words:" These particular statutes shall provide ", and the words:" operators " shall be replaced by the words : "de l' operator public, de France Télécom ou de leurs subsidiaries, notamment par voie de secondment d' office".
    II. -After the fifth paragraph (4 °) of Article L. 351-12 of the Labour Code, a 5 ° reading is inserted:
    " 5 ° Officials of France Télécom placed outside of the position of activity in their bodies for the purpose of performing functions or in The undertaking, pursuant to the fifth paragraph of Article 29 of Act No. 90-568 of 2 July 1990 on the organisation of the public postal and telecommunications service, or in one of its subsidiaries. "

  • TITLE III: STATUT DE FRANCE TÉLÉCOM Article 7


    I.-Article 1-1 of Law No. 90-568 of 2 July 1990 reads as follows:
    " Art. 1er-1. -The France Télécom undertaking is subject to the laws applicable to public limited-liability companies in so far as they are not contrary to this Law. "
    II. -France Telecom is added to the list annexed to Act No. 93-923 of 19 July 1993 on privatisation.
    III. -For the application of the third paragraph of the I of Article 2 of Law No 93-923 of 19 July 1993, the share held by the State in the capital of France Télécom is determined by taking into account the direct and indirect participation of the The state.
    IV. -Article 8 (1) of Act No. 86-912 of 6 August 1986 on the modalities of privatisation applies to all employees of France Télécom.
    V.-For the application to France Télécom of Article 2 of the Decree-Law of 30 October 1935 organizing State control of companies, trade unions and associations or undertakings of any kind having used the financial aid of the State, account shall be taken of the participation held directly and indirectly by the State in the capital Of this company.

    Article 8


    The aforementioned Law No. 90-568 of 2 July 1990 reads as follows:
    I.-In Article 7, the words: Each public operator "shall be replaced by the words" The public operator ".
    II. -Article 9 is thus amended:
    1 ° In the first subparagraph, the words'and France Télécom' shall be deleted, and the words'each public operator' shall be replaced by the words'the public operator';
    2 ° In the second subparagraph, the words: ' Each contract "shall be replaced by the words" This contract ".
    III. -Section 10-1 is repealed.
    IV. -In Article 11, after the words: 'of the board of directors', the words'of the public operator' shall be inserted.
    V.-Article 12 is thus amended:
    1 ° The words: "to the boards of directors" are replaced by the words: " au ", the words:" of each of these public operators and their respective subsidiaries "by the words" of the public operator and its subsidiaries ", the words:" public operators "by the words:" of the public operator 'and the words' and of France Télécom 'shall be deleted;
    2 ° It shall be supplemented by a paragraph worded as follows:
    ' Articles L. 225-27 to L. 225-34 of the trade code shall apply to all staff of France Télécom, subject to Adaptations, specified by decree in the Council of State, which are required by the Staff Regulations as defined in Article 29 of this Law. "
    VI. -In Article 14, the words'Every public operator' shall be replaced by the words'The public operator'.
    VII. -Article 15 is thus amended:
    1 ° In the first subparagraph, the words'each public operator' shall be replaced by the words'the public operator', and the words'and to France Télécom' shall be deleted;
    2 ° In the second subparagraph, the words: ' Each public operator "shall be replaced by the words" The public operator ".
    VIII. -In Article 25, the words'and of France Télécom with their users, suppliers and third parties' shall be replaced by the words'with its users, suppliers and third parties'.
    IX. -In Article 26, the words'public operators vis - -vis their users' shall be replaced by the words'the public operator in relation to its users'.
    X. - In Article 27, the words'of each public operator' shall be replaced by the Words: "from the public operator".
    XI. -In Article 28, the words "and France Télécom dispose" are replaced by the word: "dispose".
    XII. -Article 38 is thus amended:
    1 ° In the first paragraph, the words'to the specific nature of each operator' shall be replaced by the words'to the specific nature of the public operator';
    2 ° In the second subparagraph, the words' representatives of the Operators, users and staff of La Poste et de France Télécom "shall be replaced by the words:" representatives of the public operator, its users and its staff ";
    3 ° In the third subparagraph, the words:" public operators "Shall be replaced by the words" of the public operator ".
    XIII. -Article 39 is thus amended:
    1 ° In the first subparagraph, the words'and France Télécom shall be submitted' shall be replaced by the words: 'shall be submitted';
    2 ° In the second subparagraph, the words'They shall be subject' shall be replaced by the words' Elle Is subject to ".
    XIV. -In Article 40, the words "or France Télécom" are deleted.

  • TITLE IV TRANSITIONAL AND FINAL PROVISIONS Article 9


    I.-Sections II and X of section 8 come into force upon publication of this Act. The provisions of Article 4 IV and the provisions of the other paragraphs of Article 8 come into force on the date of the transfer to the private sector of the majority of the capital of France Télécom.
    II. -The entry into force of Article 8 of Article 8 does not interrupt the mandate of the Commissioners to the accounts of France Télécom designated before this entry into force.
    III. -The provisions of III, 2 ° of VI and VII of Article 4 shall enter into force on the day following the first elections to the Works Council of France Télécom following the entry into force of this Law.
    IV. -The other provisions of this Act come into force on the date of its publication.
    However, until the designation of the universal service operator (s) following the call for applications referred to in Article L. 35-2 of the Code Posts and telecommunications and, by no later than 31 December 2004, France Télécom continues to fulfil its public service obligations under the conditions applicable before the enactment of this Law. In addition, France Telecom remains subject to its tariff control obligations prior to the enactment of this Act.
    V.-Within twelve months of the publication of this Law, the President of France Telecom will engage with Trade union organisations representing staff in the undertaking negotiating an agreement, in particular on the representation of staff and the right to organise.
    VI. -The conditions for the implementation of Title II will be assessed on 1 January 2019 with a view, if necessary, to adapt the conditions of employment of the employees of France Télécom to the situation of the undertaking and to the requirements of good management The bodies to which they belong.

    Article 10


    Regardless of the applicable provisions of full right in accordance with the I Article 3 of Law No. 2001-616 of 11 July 2001 on Mayotte, the other provisions of this Law shall apply to that community.
    Article 3 is applicable in French Polynesia, in Wallis and Futuna and in New Caledonia.

    Article 11


    The last paragraph of Article 41 of Law No. 86-1067 of 30 September 1986 is Deleted.
    This Act shall be enforced as the law of the State.


Done at Paris, 31 December 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Social Affairs Minister,

du travail et de la solidarité,

François Fillon

The Minister for Foreign Affairs,

Dominique de Villepin

The Minister of Economics,

Finance and Industry,

Francis Mer

Minister of Culture

and Communication,

Jean-Jacques Aillagon

The Minister of Public Service,

of the Reform of

and Spatial Planning,

Jean-Paul Delevoye

The Minister for Overseas Affairs,

Brigitte Girardin

The Minister responsible for Industry,

Nicole Fontaine

Associate Minister European business,

Noëlle Lenoir


(1) Act No. 2003-1365.

-Community Directives:

Commission Directive 2002/77/EC of 16 September 2002 on competition in networks and services Electronic communications;

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights with regard to electronic communications networks and services.

- Preparatory work:

Senate:

Bill 421 (2002-2003);

Report by Mr. Gérard Larcher, on behalf of the Committee on Economic Affairs, No. 21 (2003-2004);

Discussion of 21 and 22 October 2003 and adoption October 22, 2003.

National Assembly:

Bill, adopted by the Senate, No. 1163;

Report by Mr. Alfred Trassy-Paillogues, on behalf of the Committee on Economic Affairs, No. 1248;

Discussion on 4 and 5 December 2003 and adopted on 5 December 2003.

Senate:

Bill, as amended by the National Assembly, No. 105 (2003-2004);

Report by Mr. Gérard Larcher, on behalf of the Committee on Economic Affairs, No. 108 (2003-2004) ;

Discussion and adoption on December 16, 2003.


Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download document to RDF (format: rdf, weight < 1MB)