An implementing LAW No. 2005-516 of 20 May 2005 on the regulation of postal activities (1) summary of the directives 97-67 CE 15-12 - 1997 of the European Parliament and the Council and 2002/39 of 10-06 - 2002; art. 1 of law 2005-516.
Tags ECONOMICS, CODE POSITIONS AND COMMUNICATIONS ELECTRONICS, LA POSTE, ACTIVITY POSTAL SERVICE UNIVERSAL POSTAL, ORGANIZATION, IMPLEMENTATION, TRANSPOSITION OF DIRECTIVE CE JORF n ° 6 of January 7, 2007, page 397 text no. 11 DECREE Decree No. 2007-29 January 5, 2007 on universal postal service and the rights and obligations of the post and amending the code positions and electronic communications NOR : INDI0609109D ELI: not available the Prime Minister, on the report of the Minister of economy, finance and industry and the Minister for industry, saw the directive 97/67/EC of 15 December 1997, of the European Parliament and of the Council concerning common rules for the development of the internal market of Community postal services and the improvement of the quality of the service;
See directive 2002/39 of 10 June 2002 amending directive 97/67/EC which concerns the further opening to competition of Community postal services;
Given the code positions and electronic communications;
Given the code of defense;
Seen the amended Act No. 90-568 of 2 July 1990 on the Organization of the public service of the post office and telecommunications;
See Decree No. 90 - 12 December 1990 amended 1111 on the status of La Poste;
Seen the advice the authority of regulation of electronic communications and posts as of February 28, 2006;
Considering the opinion of the higher Commission of public service positions and electronic communications as of March 7, 2006;
Given the deliberation of the Board of Directors of the post dated March 9, 2006;
Considering the opinion of the Joint Technical Committee national post dated March 20, 2006;
Given the opinion of the general Council of Mayotte as of June 26, 2006;
Considering the opinion of the general Council of Guyana as of July 17, 2006;
Given the opinion of the regional Council of Réunion as of July 27, 2006;
Given the regional Council of French Guiana as of May 31, 2006;
Given the general Council of St. Pierre and Miquelon as of May 31, 2006;
Given the regional Council of Martinique as of June 1, 2006;
Given the general Council of the meeting dated June 7, 2006;
Given the regional Council of Guadeloupe as of July 4, 2006;
The Council of State (section of public works) heard, decrees: Article 1 more on this article...
I. - The title of title I of book I of the second part (decrees of the Council of State) of the post and electronic communications code is replaced by the following: "General provisions".
II. - The chapter I of title I of book I of the second part (decrees of the Council of State) of the code of posts and communications is replaced by the following: "chapter I:" universal postal service and the postal service obligations "Section 1" the characteristics of universal service 'art ' "" '. A. 1. -The universal postal service includes the supply of national and cross-border postal services following: "(a) the services of items of correspondence weighing more than 2 kg including:" (1) services of egrenes regular shipments or number, the services of domestic shipments falling including shipments priority and non-priority services;
"(2) services of mail recommended with or without advice of delivery;
"(b) the services of shipments of newspapers and printed periodic weighing more than 2 kg;
"(c) the services of mailings of catalogues and other printed weighing more than 2 kg;
"(d) services of sending parcels weighing more than 20 kg, in regular postage or recommended, offered to the public at unity, excluding services of shipments offered to companies in execution of contracts covering several shipments;
'(e) the services of shipments to declared value whose amount is less than a threshold set by order of the Minister in charge of positions;
'(f) the forwarding service of postal items mentioned in this section;
"(g) in the conditions laid down by Decree of the Minister for posts, services of items of literature for the blind for free regular postage or recommended.
"Priority shipments under the universal postal service are distributed the working day following the day of filing.
"Mailings services focus on the simultaneous filing of a number of homogeneous or classified objects into homogeneous categories, greater than a number arrested by the Minister responsible for the post.
'Art. A. 1-1. -The benefits of universal postal service are available to all the users on a permanent basis throughout the metropolitan territory, in the overseas departments, Mayotte and St. Pierre and Miquelon.
"The services of the universal service are accessible to users.
"In particular, the points of contact with the public providing access to benefits of universal service other remittances in number and information on these benefits must allow at least 99% of the national population and at least 95% of the population of each Department to be within 10 kilometres of a contact point and that all communities with more than 10,000 inhabitants have at least one contact point increments of 20,000 inhabitants.
'Art. A. 1-1-1. -Lifting and distribution of postal items covered by the universal service are, unless exceptional circumstances, all insured workdays.
"When transport infrastructure or the geographical features of some areas hinder the regular fulfilment obligations provided for in the first subparagraph, the universal service provider defines a particular organization project to ensure service in the best conditions. It transmits this project to the Minister in charge of positions which may be opposed by a reasoned decision notified within two months of receipt of the project. In the absence of opposition, the universal service provider communicates the project to the electronic communications regulatory authority and positions.
"The filing and distribution of remittances to declared value may be subject to special conditions made necessary by the regulations applicable to the transport of funds and securities and by the requirements of the security so many users as individuals and facilities contributing to the realization of the benefits." Thus planned facilities and their justifications are provided by the provider of the universal service to the Minister responsible for the post and electronic communications regulatory authority and positions.
'Art. A. 1-1-2. -Direct mail fundraising is provided at regular hours in the contact points and accessible mailbox permanently on the road. Information on the time of the later lifting found on these facilities.
'Art. A. 1-1-3. -Shipments of correspondence, other than mass mailings, entrusted to the provider of the universal service are paid by the sender using stamps or postage thumbnails. Any other means of payment is contractually defined between the provider of the universal service and the user.
"Failure of postage, mailings are issued to the recipient provided it pays additional postage. Otherwise, items shall be returned to the sender.
'Art. A. 1-1-4. -Except for the mailings, a single price is applied to shipments of all of the metropolitan territory.
"Tariff letters originating and destined for the overseas departments, Mayotte and St. Pierre and Miquelon is that in force on the metropolitan territory, when these letters are the first installment of weight.
'Art. A. 1-1-5. -Packaging and packaging of postal items covered by the universal service must be adapted to the form and nature of the contents of the shipment and transport conditions to preserve the integrity and confidentiality. The conditions required to satisfy these requirements are specified in the catalogue referred to in article R. 1 - 1 - 10.
' Any postal shipment belongs to the sender as long it has not been issued to the recipient, without prejudice to the application of articles L. 7 to L. 11 '
"The distribution is ensured at the address indicated by the sender. At the request of the recipient, the distribution can be ensured in other ways laid down by contract.
"The sender must write the address of the recipient to allow the execution of the postal distribution. Otherwise, items shall be returned to the sender when this one is identifiable.
"Distribution is dependent on the existence in the recipient, a facility of receipt of items of correspondence accessible and meet the specifications in accordance with the regulations in force." This provision does not apply to objects which are, by their nature, of a distribution to the person.
'Art. A. 1-1-6. -When the distribution of a mail recommended universal service is impossible, the addressee is provided that the object is kept pending for fifteen calendar days. At the expiration of this period, the mail is returned to the sender when this one is identifiable.
'Art. A. 1-1-7. -The nature of the services of the universal service and rates so that changes, suspension or deletion of these offers and prices are brought to the attention of users in the planned catalogue in section a. 1 - 1 - 10, made available to them in the points of contact and electronically.
'Art. A. 1-1-8. -The Minister responsible positions, after the provider of universal service in a position to present its observations and having collected the opinions of the electronic communications regulatory authority and positions and the higher Commission of the utility of the post and electronic communications, stop quality objectives applicable to the benefits of the universal service, as it may determine. These objectives focus on timeliness and reliability with which these are available.
'Universal service provider conducts periodically measures of the quality of services using standard on the European or national level. The results of these measures are brought to the knowledge of users and electronic communications regulatory authority and positions.
'Art. A. 1-1-9. -The user of the universal service is informed by display in each point of contact, claim terms and conditions of compensation. There are claim forms. The claim is being of a nominative registration and gives rise to an accused receipt indicating the response time. The response time to a complaint about a national mailing may not exceed two months from the receipt of the claim with evidence. The processing of the claim by the provider of the universal service is free for the user.
«If the user is not satisfied with the answer given on a permanent basis to his claim, he may, without prejudice of any other remedy, the Ombudsman of the post office established in application of article R. 1 - 1-18 "» Section 2 "rights and obligations of the position in respect of its missions of public service of postal items" sub-section 1 "rights and obligations of La Poste, the"Art '"universal service provider A. 1-1-10. -The post office establishes and maintains the catalogue of services falling within universal service and area and rates in force.
"Post transmits simultaneously to the Minister responsible for the positions and the regulatory authority electronic communications and posts his other proposals for substantial changes in the catalog, that tariff, which are intended to the services of the universal service on egrenes transmissions. Electronic communications regulatory authority and positions has a period of one month of receipt of the document for an opinion and forward it to the Minister responsible positions. If the opposition is notified by the Minister in charge of positions within two months of receipt of the document, the changes are deemed approved.
"Post informs the Minister of posts and the authority of regulation of electronic communications and positions of the changes of the bearing catalogue on services of shipments by number.
'Art. A. 1-1-11. -When the post office offers services associated with including a provision of the universal postal service, it distinguished in its offer, as appropriate in the contract concluded with the user and when billing, which is, on the one hand, the universal service and, on the other hand, supplementary benefits.
'Art. A. 1-1-12. -Where, due to exceptional circumstances beyond the control of the post office, the universal service is interrupted or disturbed, the post Office takes all the necessary measures to restore the service as soon as. The post Office informs the Minister in charge of post and electronic communications regulatory authority and positions of the measures taken and the time required to restore service.
'Art. A. 1-1-13. -The post office provides the electronic communications regulatory authority and positions a month before their entry into force any useful information on rates of non-reserved universal service services.
"These rates are provided for information to the Minister in charge of the post.
'Art. A. 1-1-14. -The post office is a cost accounting system with separate accounts for each of the services which the exclusivity is reserved for him and distinguishing, among other services, those who are under supply of universal service, the transport mission of the press with the approval of the Joint Committee of the publications and news agencies and other activities.
'Art. A. 1-1-15. -La Poste provides electronic communications regulatory authority and positions the statistical information referred to in article L. 135, according to procedures determined by the authority after consultation with the post office.
'Art. A. 1-1-16. -The post office provides the information the authority of regulation of electronic communications and the posts requested for the performance of its tasks and the exercise of its control of the universal postal service. Applications of the authority are reasoned and proportionate to its needs; They specify the level of detail of the response and time to produce.
«Mail address each year to the electronic communications regulatory authority and positions a review of the universal service she offered.» It shall send a copy of this to the Minister responsible for the post.
«Subdivision 2 "transport of the press «Art»»» A. 1-1-17. -Shipments of periodicals with the approval of the Joint Committee of the publications and news agencies are routed in the conditions of universal postal service. The structure of the rates for these shipments is aimed to promote pluralism, including the press of political and general information.
"Post shall submit its draft of rates for approval by Ministers of the positions and the economy. The Minister responsible for the positions seized electronic communications regulatory authority and positions that has a month to issue his opinion on the economic aspects of the project. Unless otherwise decided by the Ministers within two months of receipt of the project, the rates are deemed approved.
«The specific constraints supported by post due to the system delivery and distribution of the press subject to financial compensation determined under the conditions provided for in article R. 1 - 1-26 «»» Sub-section 3 "provisions various 'art '. A. 1-1-18. -The post office establishes a mediator reports directly to the president and appointed by it for a period longer than two years. The Ombudsman can be entered free of charge by users whose claims have been the subject of a final rejection. It shall deliver its opinion within a period of two months on the situations referred to it.
"The Ombudsman has the necessary means to accomplish its mission. It can be removed for fault serious and with the agreement of the Board of Directors.
"He published recommendations and transmitted each year a balance sheet statistical and qualitative of its activity to the president of the post office, to the Minister responsible positions and electronic communications regulatory authority and positions."
'Art. A. 1-1-19. -The post office is implementing, as it is concerned, the international commitments made by the State as part of the Universal Postal Union.
'Art. A. 1-1-20. -La Poste shall inform the Minister responsible for the positions of international agreements concluded with the provisions it takes to ensure the necessary interconnections with foreign networks.
"The post takes the provisions to ensure, in the best conditions of cost and efficiency, running on the national territory of mail services for the benefit of foreign postal services or other operators with which it has agreements.
"To establish or operate postal services abroad the post can take all financial interests in organizations of their choice or create subsidiaries in accordance with the texts that govern.
"The post can be associated with the negotiation of international agreements on postal activities by the authorities of the State. It can be empowered to sign some technical agreements relating to the operation of courier services.
'Art. A. 1-1-21. -According to the guidelines defined by the Ministers whose statement the policy of international cooperation, and at the request of the Minister responsible positions, the post office contributes to the development and participates in the implementation of the policy of the State in international cooperation. As such, it provides the necessary staff to carry out missions of technical assistance agencies of foreign or international positions. It organizes information and actions of development for the benefit of foreign students and french volunteers.
"The post can be responsible for missions by the Minister responsible positions in international institutions of cooperation for the development of mail services. The modalities according to which State and national or international bodies reimburse the post office expenses incurred in respect of the activities in this section are fixed by means of conventions.
'Art. A. 1-1-22. -At the request of the Minister responsible for the post, La Poste is assisting in the definition of the French positions to European and international organizations competent regulatory and standardization in the field of postal services.
"In this same area, La Poste brings technical assistance to the competent bodies for standardization at national, European and international levels.
'Art. A. 1-1-23. -To develop his research, La Poste can create Labs, associate or cooperate with all organizations or businesses.
'Art. A. 1-1-24. -In accordance with an agreement concluded with the State, La Poste is responsible for conservation, the development and enrichment of philatelic and postal heritage which has been devolved or assigned.
"It maintains the inventory and assessment of the collections, objects, and documents it holds, distinguishing property owned by the State and those which fall within its own heritage.
"She presents to the public these collections, objects and documents and, for those who are not exposed, ensures their access to persons authorized by the Minister in charge of the post.
'Art. A. 1-1-25. -La Poste takes, as directed by the Minister responsible for the positions, any useful measure to ensure enforcement of national defence and public security missions that are prescribed to him.
"As such, it fulfils any operation regarded as essential to the continuity of government action. It ensures the security of items entrusted. It protects its facilities against any aggression and, in General, it executes any mission necessary for the maintenance of the core activities of the nation.
"It implements the means requested by government authorities and territorial representatives for execution of contingency plans.
"The Minister in charge of the posts says vital facilities of the post meets the conditions of article l. 1332-1 of the code of defense. At the request of the Minister responsible for the positions, the post office is assisting in the field of postal services in the activities of various bodies in which are specially treated in issues having a direct or indirect impact on national defence and public safety.
"The post ensure satisfaction, by his group, obligations imposed on national defence and public safety.
"Post contributes to the Organization and execution of the postal service to armies, according to procedures specified by an agreement with the State.
'Art. A. 1-1-26. -Services provided by La Poste the State or, at the request of the State, to a third party are paid at the current rates, except in the cases exhaustively listed in this section.
"Ordinary correspondence addressed to the President of the Republic are duty-free. The volume of this mail is evaluated by the post office from a count made by survey. Annual compensation covering the cost of this service is paid by the State to the post office.
"The contribution of the post office to the Organization and execution of the post to the armed forces service is paid on the basis of the costs of the service, according to procedures specified by the convention referred to in article R. 1 - 1-25.
"The plan contract determines the compensation provided for in section a. 1 - 1 - 17 given the assessment planned transported volumes provided by the post office, the preparation of the plan, existing rates contract of the nature of the benefits and productivity gains." Mail address each year, before 1 may, the Minister responsible for the positions and the Minister in charge of the budget, an update of this information. For its registration in the initial finance law, Ministers stop, in liaison with the public operator, the amount of the contribution of the State. ' Article 2 more on this article...
The catalogue referred to in article R. 1 - 1 - 10 of post and electronic communications code consists of the list of products and services offered by La Poste in respect of the universal service on the date of entry into force of this Decree. This list is, as necessary, brought into line with this Decree within three months following its publication in the manner provided by section a. 1 - 1 - 10 of the code.
Article 3 more on this article...
Title VIII of book I of the second part (decrees of the Council of State) of post and electronic communications code titled 'Penal provisions', is repealed.
Article 4 more on this article...
The Decree of 12 December 1990 referred to above on the status of La Poste has been changed: (1) article 20 becomes article 33;
2 ° articles 22, 28, 30, 31, 32, 35, 36, 37, 39, 40, 45, 46, 47 and 49 of the specifications of the post approved by the Decree of 29 December 1990 referred to above become respectively articles 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31 and 32 of the Decree of 12 December 1990. The heading of title IV of the order is replaced by the heading: "other provisions";
(3) A section 25 in the 2 ° above after drafting, the words: 'overall objectives of tariff evolution of services falling within universal service' are deleted;
(4) there is inserted a section 30 as drafted: "La Poste leads to staff a policy to develop the dialogue and consultation at all levels using appropriate structures.
"So, post research, through negotiation, agreements with trade unions in all social areas related to the postal sector.
"The preparation of management contracts provided for by article 32 of the law of 2 July 1990 is conducted locally with the trade unions."
Article 5 more on this article...
Decree No. 90-1214 of 29 December 1990 approving the terms of reference of the post office is repealed.
Article 6 more on this article...
The Minister of economy, finance and industry, the Minister of the overseas and the Minister of industry shall be responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, on January 5, 2007.
Dominique de Villepin by the Prime Minister: the Minister responsible for industry, François Loos the Minister of economy, finance and industry Thierry Breton Minister of the overseas François Baroin