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Decree No. 2007-29 January 5, 2007 On Universal Postal Service And The Rights And Obligations Of The Post And Amending The Code Of Post And Electronic Communications

Original Language Title: Décret n° 2007-29 du 5 janvier 2007 relatif au service universel postal et aux droits et obligations de La Poste et modifiant le code des postes et des communications électroniques

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Summary

Application of Directives 97-67 EC of 15 -12-1997 of the European Parliament and of the Council and 2002/39 of 10-06-2002; Art. 1 of the Act 2005-516.

Keywords

ECONOMY , POSTAL CODE AND ELECTRONIC COMMUNICATIONS , THE ENTRY , POSTAL ACTIVITY , UNIVERSAL POSTAL SERVICE , ORGANIZATION , IMPLEMENTING , TRANSPOSITION OF DIRECTIVE THIS


JORF No. 6 of 7 January 2007 Page 397
Text #11


DECRET
Decree No. 2007-29 of 5 January 2007 on universal postal service and the rights and obligations of La Poste and amending the postal code 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 Delegate to Industry,
Given Directive 97 /67/EC of 15 December 1997 on the European Parliament and the Council on common rules for the development of the internal market in Community postal services and improvement of the quality of service;
In view of Directive 2002/39 of 10 June 2002 amending the Directive 97 /67/EC as regards the further opening up to competition of Community postal services;
Given the postal code and electronic communications;
Given the code of defence;
In the light of Law No. 90-568 of 2 July 1990 as amended relating to the organisation of the public postal and telecommunications service;
Given the amended Decree No. 90-1111 of 12 December 1990 on the status of La Poste;
In view of the opinion of the Communications Regulatory Authority Electronic and postal services as of February 28, 2006;
In view of the opinion of the Senior Public Service and Electronic Communications Commission dated March 7, 2006;
In view of the deliberation of the Board of Directors of La Poste As of 9 March 2006;
Having regard to the opinion of the National Joint Technical Committee of La Poste as of 20 March 2006;
In view of the opinion of the General Council of Mayotte on 26 June 2006;
In view of the opinion of the General Council of Guyana on the date of 17 June 2006. July 2006;
In view of the opinion of the Regional Council of Réunion as of 27 July 2006;
Seeing the referral to the Regional Council of Guyana as of 31 May 2006;
Seeing the reference to the General Council of Saint-Pierre-et-Miquelon as of 31 May 2006 2006;
Seeing the referral to the Martinique Regional Council as of June 1, 2006;
Seeing the meeting of the General Council of Réunion as of 7 June 2006;
Seeing the referral to the Guadeloupe Regional Council as of 4 July 2006 ;
The State Council (Public Works Section) heard,
Describes:

Item 1 Read more about this Article ...


I. -The title of Title I of Book I of Part Two (Orders in Council of State) of the Code of Posts and Electronic Communications is replaced by the following title: General provisions ".
II. -Chapter I of Title I of Book I of Part Two (Orders in Council of State) of the Code of Posts and Electronic Communications is replaced by the following provisions:


" Chapter I



"
universal postal service and postal service obligations



" Section 1



" Les Universal service features


" Art. A. 1. -The universal postal service includes the following national and cross-border postal services:
" (a) Correspondence services weighing up to 2 kg including:
" 1 ° Regular mail-out services or Number of domestic mailings, including priority and non-priority mailings;
" 2 ° Recommended mail services with or without notice of receipt;
" (b) Newspaper and print services Periodicals weighing not more than 2 kg;
" (c) Mail-out and other printing services weighing up to 2 kg;
" (d) Postal mail services weighing not more than 20 kg, in regular mail or as recommended, to the public at The unit, excluding mail services offered to companies in execution of multi-shipment contracts;
" (e) Reported value-for-shipment services below a threshold established by the order of the minister responsible Jobs;
" (f) The post-shipment service referred to in this article;
" (g) Under the conditions laid down by the order of the Minister responsible for posts, free-charge cecogram consignments in ordinary consignments or Recommended.
" Priority mailings under the universal postal service shall be distributed on the next business day on the day of filing.
" The bulk mail services relate to the simultaneous filing of a number of homogeneous objects or Classified into homogeneous categories, superior to a number arrested by the minister responsible for posts.
" Art. A. 1-1. -The universal postal service is offered to all users on a permanent basis throughout the metropolitan territory, in the overseas departments, in Mayotte and in Saint-Pierre-et-Miquelon
Benefits of the service Universal are accessible to users.
" In particular, points of contact with the public giving access to universal service benefits other than bulk mailings and information on such services must allow at least 99 % of the national population and at least 95 % of the population of each department is less than 10 kilometres from a point of contact and all communes with more than 10 000 inhabitants have at least one point of contact per 20 000 Inhabitants.
" Art. A. 1-1-1. -The lifting and distribution of postal items under the universal service are, except in exceptional circumstances, provided on a daily basis.
" Where transportation infrastructure or the geographical characteristics of certain Shall hinder the regular fulfilment of the obligations laid down in the first subparagraph, the universal service provider shall define a specific organisation project to ensure the service under the best conditions. It shall forward this draft to the Minister responsible for posts who may object to it by a reasoned decision notified within two months of receipt of the project. In the absence of opposition, the universal service provider shall communicate the project to the Electronic Communications and Postal Regulatory
. The deposit and distribution of consignments with declared value may be submitted to Special conditions required by the regulations applicable to the carriage of funds and values and by the requirements of the safety of both users and persons and facilities involved in the performance of the benefits. The arrangements thus provided for and their justification shall be communicated by the universal service provider to the Minister responsible for posts and to the Electronic Communications and Postal Regulation
. Art. R. 1-1-2. -The lifting of mailings is ensured at regular times in points of contact and in mailboxes permanently accessible on the public road. The latest clearance time information is available on these installations.
" Art. R. 1-1-3. -Correspondence, other than the number of mailings, entrusted to the universal service provider shall be paid by the sender by means of stamps or postage stamps. Any other means of payment is contractually defined between the universal service provider and the user.
" In case of insufficient postage, postal items shall be delivered to the addressee, subject to the payment of a supplement Of postage. Otherwise, the shipments are returned to the sender.
" Art. R. 1-1-4. -Except for shipments in number, a single rate is applied to shipments destined for the entire metropolitan territory.
" The tariff applied to letters from and to the overseas departments, Mayotte and Saint-Pierre-et-Miquelon is the one in force on metropolitan territory, when these letters fall within the first weight range.
" Art. R. 1-1-5. -The packaging and packaging of postal items belonging to the universal service shall be adapted to the form and nature of the content of the consignment and to the conditions of carriage in order to preserve its integrity and confidentiality. The conditions required to comply with these provisions shall be specified in the catalogue provided for in Article R. 1-1-10.
" Any mail item shall belong to the sender as long as it has not been delivered to the addressee, without prejudice to The application of Articles L. 7 to L. 11
Distribution is provided at the address indicated by the sender. At the request of the addressee, the distribution may be effected in accordance with other contractual arrangements.
" The sender must label the addressee's address in such a way as to allow for the proper execution of the postal distribution. Otherwise, the consignments are returned to the sender when the sender is identifiable.
" Distribution shall be subject to the existence, in the addressee, of a reception facility for mailings which is accessible and in conformity with the Established in accordance with the regulations in force. This provision does not apply to objects that are, by their nature, a distribution to the person.
" Art. R. 1-1-6. -Where the distribution of a registered mail item under the universal service is not possible, the addressee shall be notified that the item is kept pending for 15 calendar days. After the expiration of this period, the mail item is returned to the sender when the sender is identifiable.
" Art. R. 1-1-7. -The nature of the benefits of the universal service and the tariffs in force as well as the modifications, suspensions or deletion of such offers and tariffs shall be made known to the users in the catalogue provided for in Article R. 1-1-10, put to their Provision in contact points and electronically.
" Art. R. 1-1-8. -The Minister responsible for posts, after putting the universal service provider in a position to present his observations and having obtained the opinions of the Electronic Communications Regulatory Authority and the posts and the Commission Of the public postal service and electronic communications, shall establish quality objectives applicable to the benefits of the universal service which it determines. These objectives relate to the speed and reliability with which these benefits are provided.
" The universal service provider shall periodically perform measures of the quality of services using standard methods on the European or national plan. The results of these measures shall be communicated to the users and to the Electronic Communications and Postal Control Authority.
" Art. R. 1-1-9. -The user of the universal service shall be informed, by posting on each point of contact, of the terms of claim and the conditions of compensation. There are claim forms. The claim is the subject of a nominative registration and gives rise to an acknowledgement indicating the response time. The time limit for responding to a claim for a national shipment may not exceed two months from receipt of the claim with the supporting documentation. The handling of the claim by the universal service provider is free for the user.
" If the user is not satisfied with the definitive answer to his claim, he may, without prejudice to any other remedy, Refer to the mediator of La Poste established pursuant to article R. 1-1-18.


"Section 2



" Rights and obligations of La Poste
in respect of its duties of service Public postal items



"Sub-section 1



" La Poste's rights and obligations,
universal service provider


" Art. R. 1-1-10. -The Post establishes and maintains the catalogue of benefits under the universal service and reserved area as well as the rates in force.
" The Post shall simultaneously transmit to the Minister responsible for posts and to the Regulatory Authority Electronic communications and its proposals for substantial amendments to the catalogue, other than tariff items, which are subject to the services of the universal service for ginned consignments. The Electronic Communications and Postal Regulatory Authority shall have a period of one month following receipt of the document in order to deliver its opinion and forward it to the Minister responsible for posts. In the absence of opposition notified by the Minister responsible for posts within two months of receipt of the document, the amendments shall be deemed to have been approved
The Post shall inform the Minister responsible for posts and the Regulatory Authority of Electronic communications and catalog change entries for bulk mail services.
" Art. R. 1-1-11. -When La Poste proposes associated benefits including a provision under the universal postal service, it distinguishes in its offer, where appropriate in the contract with the user and when invoicing, which is, of a Part of the universal service and, on the other hand, supplementary benefits.
" Art. R. 1-1-12. -When, due to exceptional circumstances beyond the will of La Poste, the universal service is interrupted or disrupted, La Poste takes all the necessary steps to restore the service as soon as possible. The Post shall inform the Minister responsible for posts and the Electronic Communications Regulatory Authority and the posts of the measures taken and the time required to restore the service
Art. R. 1-1-13. -The Post Office shall provide the Regulatory Authority for electronic communications and posts at least one month before the entry into force of any relevant information on the rates of unreserved services under the universal
. These rates Are provided for information to the Minister responsible for positions.
" Art. R. 1-1-14. -La Poste presents an analytical accounting with separate accounts for each of the services whose exclusivity is reserved to it and distinguishes among the other services, those which fall within the scope of the universal service offering, of the mission of Transport of the press benefiting from the approval of the Joint Committee on Publications and News Agencies and its other activities
Art. R. 1-1-15. -The Post Office shall provide the Regulatory Authority for electronic communications and posts with the statistical information provided for in Article L. 135, in accordance with procedures determined by the Authority after consultation with the Post
. Art. R. 1-1-16. -The Post Office provides the information requested by the Electronic Communications and Postal Regulatory Authority for the performance of its tasks and the exercise of its control of the universal postal service. The requests of the Authority shall be reasoned and proportionate to its needs; they shall specify the level of detail of the response and the deadlines for producing
. The Post Office addresses each year to the Communications Regulatory Authority And posts an overview of the universal service it has offered. It transmits a copy to the minister responsible for posts.


"Subsection 2



" Transport of the press


" Art. R. 1-1-17. -The consignments of periodical publications benefiting from the approval of the Joint Committee on Publications and Press Agencies shall be forwarded under the conditions of the universal postal service. The rate structure applicable to these shipments is designed to promote pluralism, including the political and general information press.
" La Poste submits its draft tariffs to the approval of the ministers responsible for posts and Of the economy. The Minister responsible for posts shall refer the matter to the Electronic Communications Regulatory Authority and the posts which have one month to render its opinion on the economic aspects of the project. Unless the ministers decide otherwise within two months of receiving the project, the tariffs shall be deemed to be approved.
" The particular hardship was borne by La Poste due to the routing and distribution of the Press are subject to financial compensation determined under the conditions set out in R. 1-1-26.


"Subsection 3



" Miscellaneous Provisions


" Art. R. 1-1-18. -La Poste establishes a mediator directly attached to the President and appointed by the President for a period of more than two years. The mediator may be seized without charge by the users whose claims have been the subject of final rejection. It shall deliver its opinion within two months on the situations referred to it.
" The Ombudsman shall have the means necessary for the performance of his mission. It can be dismissed only for gross negligence and with the agreement of the board of directors.
" It publishes recommendations and transmits every year a statistical and qualitative assessment of its activity to the President of La Poste, to the minister responsible for the Positions and the Electronic Communications and Postal Control Authority.
" Art. R. 1-1-19. -The Post implements, as far as it is concerned, the international commitments made by the State in the framework of the Universal Postal
. Art. R. 1-1-20. -The Post shall inform the Minister responsible for the posts of the international agreements it concludes and the arrangements it takes to ensure the necessary interconnections with the foreign
. La Poste takes the necessary measures To ensure, in the best conditions of cost and effectiveness, the execution in the national territory of mail services for the benefit of foreign postal services or other operators with whom it has concluded agreements.
" For Establishing or operating postal services abroad La Poste may take all financial interests in the bodies of its choice or set up subsidiaries under the conditions laid down in the rules governing
. The Post may be By the authorities of the State in the negotiation of international agreements on postal activities. It may be empowered to sign certain technical agreements relating to the operation of mail services.
" Art. R. 1-1-21. -According to the guidelines laid down by the ministers responsible for international cooperation policy and at the request of the minister responsible for posts, La Poste contributes to the elaboration and participation in the implementation of the policy of the State in International cooperation. As such, it provides the personnel necessary to carry out technical assistance missions to foreign or international postal agencies. It organises information and development activities for the benefit of foreign trainees and French cooperants
The Post Office may be responsible for missions by the Minister responsible for posts in international institutions Cooperation for the development of mail services. The manner in which the State and the national or international bodies reimburse La Poste for the expenses incurred in respect of the activities provided for in this Article shall be fixed by means of
. Art. R. 1-1-22. -At the request of the Minister responsible for posts, La Poste shall assist in the definition of French positions with European and international organisations competent in the field of regulation and standardisation in the field of Postal services.
" In this same field, La Poste provides technical assistance to the competent bodies in the field of standardisation at national, European and international
. Art. R. 1-1-23. -In order to develop its research, La Poste can create laboratories, associate or cooperate with all organizations or companies.
" Art. R. 1-1-24. -In the conditions laid down by a convention with the State, La Poste shall be responsible for the conservation, development and enrichment of the philatelic and postal heritage which has been devolved or assigned to
. It keeps up The inventory and evaluation of the collections, objects and documents it holds, distinguishing between assets belonging to the State and those belonging to its own
. It presents to the public these collections, objects and documents and, in order to Those who are not exposed, ensure their access to persons authorized by the minister responsible for posts.
" Art. R. 1-1-25. -The Post shall, in accordance with the directions of the Minister responsible for posts, take all necessary measures to ensure the execution of the national defence and public security tasks prescribed to
. As such, it carries out any operation Considered essential to the continuity of government action. It ensures the security of the consignments entrusted to it. It shall protect its facilities against any aggression and, in general, it shall carry out any mission necessary to maintain the essential activities of the
. It implements the means requested by the government authorities And their territorial representatives for the execution of backup plans.
" The Minister responsible for posts declares the facilities of La Poste meeting the requirements of Article L. 1332-1 of the Code of Defence to be of vital importance. At the request of the minister responsible for posts, La Poste shall assist in the field of postal services in the activities of various bodies, in which matters having a direct or indirect impact are dealt with in particular. National Defence and Public Safety matters.
" The Post Office ensures the satisfaction of all of its group with its obligations in the field of national defence and public
. The Post Concurrent to The organisation and execution of the service of the post to the armed forces, in accordance with arrangements specified by an agreement with the State.
" Art. R. 1-1-26. -The benefits provided by La Poste to the State or, on the request of the State, to a third party shall be paid at the rates in force, except in the cases exhaustively listed in this
. Ordinary correspondence addressed to the President of The Republic shall be admitted free of duty. The volume of this mail is evaluated by La Poste from a poll count. An annual allowance covering the cost of this service is paid by the State to La Poste.
" The contribution of La Poste to the organisation and performance of the service of the post to the armed forces shall be remunerated on the basis of the costs of the service, according to Arrangements specified in the agreement provided for in R. 1-1-25.
" The plan contract shall determine the compensation provided for in Article R. 1-1-17, taking into account the forecast evaluation of the volumes transported by La Poste The development of the plan contract, the existing tariffs, the nature of the benefits provided and the expected productivity gains. The postal service shall, before 1 May, send to the Minister responsible for posts and to the Minister responsible for the budget an update of this information. With a view to its inclusion in the initial financial law, ministers shall, in conjunction with the public operator, arrest the amount of the State's contribution. "

Item 2 Read more about this Article ...


The catalogue provided for in Article R. 1-1-10 of the postal code and electronic communications is made up of the list of goods and services offered by La Poste as part of the universal service at the date The coming into force of this Order. This list shall, as appropriate, be brought into line with this Order within three months of its publication in accordance with the terms and conditions set out in R. 1-1-10 of the Code.

Article 3 Read more about this article ...


Title VIII of the book Ier of Part Two (Orders in Council of State) of the Code of Posts and Electronic Communications, entitled " Penal Provisions ", is Repealed.

Item 4 More about this Article ...


The above decree of 12 December 1990 on the status of La Poste is thus amended:
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 La Poste approved by the Decree of 29 December 1990, respectively, become Articles 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31 and 32 of the Decree of 12 December 1990. The title of Title IV of this Order is replaced by the title: Other provisions " ;
3 ° A l' article 25 in its wording from the 2 ° above, the words: " The overall objectives for the tariff development of the services of the universal service " Are deleted;
4 ° Inserted an article 30 as follows:
" The Post leads to staff a policy to develop dialogue and consultation at all levels using the appropriate structures.
" Thus, La Poste seeks, through negotiation, to conclude agreements with trade unions in all social fields relating to postal
. Preparation of the management contracts provided for in Article 32 of the Law of 2 July 1990 is conducted at the local level with the trade unions. "

Item 5 Learn more about this Article ...


Decree No. 90-1214 of 29 December 1990 approving the specification of La Poste is repealed.

Article 6 Learn more about this Article ...


The Minister of Economy, Finance and Industry, the Minister for Overseas and the Minister responsible for Industry shall each have responsibility for the execution of this Order, which shall be Published in the Official Journal of the French Republic.


Done at Paris, January 5, 2007.


Dominique de Villepin


By the Prime Minister:


Associate Minister Industry,

François Loos

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister for Overseas,

François Baroin


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