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Royal Decree 1920 / 2009, Of 11 December, Which Approves The Regulation Of Overall Development Of Law 23/2007, Of October 8, Creation Of The National Commission Of The Postal Sector.

Original Language Title: Real Decreto 1920/2009, de 11 de diciembre, por el que se aprueba el Reglamento de desarrollo general de la Ley 23/2007, de 8 de octubre, de creación de la Comisión Nacional del Sector Postal.

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TEXT

INDEX

Single item. Approval of the General Development Regulation of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector.

Additional disposition first. Effective constitution of the National Postal Sector Commission.

Additional provision second. Integration of the staff of the Ministry of Public Works in the National Commission of the Postal Sector.

Additional provision third references to the Ministry of Development existing in other rules.

Additional provision fourth elaboration of the Report to which the single additional provision of Royal Decree 1298/2006 of 10 November 2006 governing access to the public postal network is regulated and the conflict resolution procedure between postal operators.

Transient first disposition and expense procedures.

Transitional provision Second Economic Exercise.

Transitional provision third Regime applicable to companies registered in the General Register of postal service providers.

Transitional provision Fourth Conditions of employment of undertakings providing postal services not covered by the universal postal service and registered in the Register governed by Article 53 of Law 16/1987 July 30, Land Transport Management.

Single repeal provision Regulatory repeal.

Final provision for the first amendment of the Regulation on the development of Title II of Law 24/1998 of 13 July of the Universal Postal Service and of the liberalization of postal services, as regards authorizations for the provision of services and the General Register of postal services companies approved by Royal Decree 81/1999 of 22 January.

Final disposition second State Competition.

Final provision third Enabling for regulatory development.

Final disposition fourth Entry into effect.

Chapter I. General provisions.

Article 1. The National Postal Sector Commission.

Article 2. Legal framework.

Article 3. Autonomy.

Article 4. Legal Assistance.

Chapter II. Purposes, functions and procedures of the National Postal Sector Commission.

Section 1. Of the general rules.

Article 5. End of the National Postal Sector Commission.

Article 6. The power to collect information.

Article 7. Treatment of confidential information.

Section 2. Of the arbitral function.

Article 8. Arbitration function, general principles and rules.

Article 9. Formalization of arbitration.

Article 10. Recusal of the members of the Board of the Commission.

Article 11. Arbitration procedure.

Article 12. Specialties of the arbitral proceedings.

Article 13. Substantiation of the arbitral proceedings.

Article 14. Arbitration award.

Article 15. Expenses.

Section 3. Of the enabling titles for the provision of postal services.

Article 16. Powers with regard to the qualifications enabling the provision of postal services.

Section 4. of the other functions and procedures of the National Postal Sector Commission.

Article 17. Guarantee of free competition and conflict resolution.

Article 18. Separation of accounts and determination of the net cost of the universal postal service.

Article 19. Tasks relating to the setting of conditions for access to the public postal network and the applicable procedure.

Article 20. Circulars and process for their manufacture.

Article 21. Inspection and sanction functions and procedures.

Article 22. Duties in relation to the procedures for the resolution of complaints and compensation of postal operators with their users.

Article 23. Functions in relation to the price regime.

Article 24. Annual report.

Article 25.Functions in relation to the organs of the National Competition Commission.

Article 26. Other functions.

Chapter III. From the structure of the National Postal Sector Commission.

Section 1 Of The Rector Board.

Article 27. The Governing Council.

Article 28. Composition of the Governing Board.

Article 29. Appointment and termination of members of the Governing Council.

Article 30. Remuneration scheme.

Article 31. Incompatibilities.

Article 32. Duty of secrecy.

Section 2. of the other organs and structure of the National Postal Sector Commission.

Article 33. President.

Article 34. Vice-President.

Article 35. Secretary-General.

Article 36. Structure and functions.

Chapter IV. From the staff of the National Postal Sector Commission.

Article 37. Staff scheme.

Article 38. Official staff.

Article 39. Work staff.

Article 40. Managerial staff.

Article 41. Relationship of jobs.

Article 42. Offer of public employment.

Article 43. Processing of calls for selection and provision of jobs.

Article 44. Remuneration scheme.

Article 45. System of incompatibilities.

Chapter V. Contract, Budget, Heritage, and Economic-Financial arrangements.

Article 46. Recruitment scheme.

Article 47. Budgetary regime.

Article 48. Heritage.

Article 49. Economic-financial regime.

Article 50. Accounting system applicable to the National Commission of the Postal Sector.

Chapter VI. External relations and electronic headquarters.

Article 51. Collaboration with the National Competition Commission.

Article 52. Collaboration with the Consumers and Users Council.

Article 53. Collaboration with the Administration of Justice.

Article 54. Relations with other public and private entities.

Article 55. Relations with bodies of other States or the European Union.

Article 56. Electronic seat.

Law 23/2007, of October 8, created the National Commission of the Postal Sector as a regulatory agency of the sector with functional independence of the General Administration of the State. This Commission is set up as a public body. Its aim is to ensure the transparency and proper functioning of the postal market, to ensure the provision of the universal postal service and to safeguard compliance with the requirements of free competition.

Law 23/2007, of October 8, regulates its structure, functions and legal regime, referring to a regulatory development in its fourth final disposition.

In the exercise of regulatory authority and in compliance with the provisions of the aforementioned fourth final provision, the General Development Regulation of Law 23/2007, of the creation of the National Commission of the Postal Sector. It contains in this the general rules of the Commission, the legal system and the procedure of the functions entrusted to it and, in particular, the entities to the arbitration function which is legally attributed to it; the (i) the provision of services; the resolution of disputes between the universal postal service provider and other providers; the inspection and sanction; the structure of the Commission; the arrangements for its staff; procurement, budgetary, heritage and economic-financial, and finally the partnership and relations of the body with other administrations and organs of the State.

In its virtue, on the joint proposal of the Minister of Development, the Minister of the Presidency and the Minister of Economy and Finance, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting of the day 11 December 2009.

DISPONGO:

Single item. Approval of the General Development Regulation of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector.

In accordance with the provisions of the fourth final provision of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector, the General Development Regulation of the aforementioned Law 23/2007, of 8 October, the text of which is included below.

Additional disposition first. Effective constitution of the National Postal Sector Commission.

Within twenty days of the publication of the royal decree appointing the President and the other members of the Governing Council, the constitution and the entry into operation of the National Commission of the Sector Postal, and to the appointment of the Secretary of the Council Rector who will also be Secretary General of the National Commission of the Postal Sector, in accordance with the provisions of article 4.5 of Law 23/2007, of October 8.

The constitution of its organs shall also be carried out within two months of the establishment and entry into operation of the Commission.

The effective exercise of the functions attributed to the National Commission of the Postal Sector will be initiated on the date that the effect is determined by order of the Minister of Public Works, at which point the Commission will be subrogated in all rights and obligations which, having been carried out by the Ministry of Public Works, pursuant to Law 23/2007 of 8 October, become a matter for the Commission, under the conditions laid down in that law and in the present (i) provision and, in particular, for contracts, agreements and other agreements which have been concluded in the field of powers assigned to the Commission.

Additional provision second. Integration of the staff of the Ministry of Public Works in the National Commission of the Postal Sector.

The personnel assigned to the Ministry of Public Works, whose functions have been assumed by the National Postal Sector Commission, will become dependent on it within two months, starting from its constitution and entry into operation, under the conditions established by the Order of the Ministry of Public Works, in accordance with the provisions laid down and with the guarantees provided for in the second provision of Law 23/2007 of 8 October 2007.

Additional provision third. References to the Ministry of Development in other standards.

All references to the Ministry of Public Works and to the bodies of the dependents made in other rules, which are attributed to those powers that affect the institutions, will be understood as references to the National Postal Sector Commission. powers in the postal sector granted to that Commission by Law 23/2007 of 8 October.

Additional provision fourth. Preparation of the report referred to in the provision of Royal Decree 1298/2006 of 10 November 2006, which regulates access to the public postal network and determines the procedure for the settlement of disputes between operators postal.

The report on the situation of the postal sector, the evolution of access to the public postal network, the cost of the universal postal service and its financing, which is referred to by the Royal Decree's single additional provision 1298/2006, of 10 November, which regulates access to the public postal network and determines the procedure for resolving conflicts between postal operators, will be prepared by the National Commission of the Postal Sector after one year. from its entry into operation.

First transient disposition. Expenditure files and procedures.

Without prejudice to the provisions of the first provision, the cases and procedures of expenditure initiated by the Ministry of Public Works prior to the commencement of the functioning and effective exercise of the functions by The National Commission of the Postal Sector and not resolved on that date, relating to areas of competence assigned to the Commission, will be resolved by the Ministry of Public Works.

Second transient disposition. First economic exercise.

The first economic exercise of the National Commission of the Postal Sector will begin to be counted from the date of its implementation and will end on December 31 of the same year.

Transitional provision third. Scheme applicable to undertakings listed in the General Register of postal service providers.

1. The companies which, at the entry into force of this royal decree, are entered in the General Register of postal service companies shall renew their registration, within the time limits indicated in the following paragraphs and after payment of the corresponding fees.

The National Commission of the Postal Sector will establish a timetable for carrying out the renewals, taking into account both the number of operators and the age of the registrations in the Register, and will communicate to each company the the procedure and the requirements necessary for the updating of the registration, as well as the time limit for bringing it into effect.

If the application for renewal of the registration is not made within the established time limits, for reasons attributable to the interested parties, it will be discharged in the Register to the corresponding company, which will be disabled for the provision of postal services.

2. The undertakings which, at the entry into force of this royal decree, are entered in the General Register of the postal service companies and their seniority in the same one is more than two calendar years, must renew their registration in the Record on the following maximum deadlines:

(a) For companies whose initial registration date in the Register is before 1 July 1999, four months from the beginning of the effective exercise of the functions attributed to the National Commission of the Postal Sector.

(b) For companies whose initial registration date in the Register is between 1 July 1999 and 31 December 1999, six months from the beginning of the effective exercise of the functions attributed to the National Postal Sector Commission.

(c) For undertakings whose initial registration date in the Register is between 1 January 2000 and 31 December 2000, nine months from the beginning of the effective exercise of the functions attributed to the National Postal Sector Commission.

(d) For companies whose initial registration date in the Register is after 31 December 2000, one year from the beginning of the effective exercise of the functions attributed to the National Commission of the Postal Sector.

3. The undertakings which, at the entry into force of this royal decree, are entered in the General Register of postal service undertakings and their seniority in the same year are less than two calendar years, shall have a maximum period of one year, count from the beginning of the effective exercise of the functions attributed to the National Commission of the Postal Sector, in order to renew their registration in the Register, except that at the expiration of the same one would not have elapsed two years from the first registration, in which case the renewal must be carried out at two years from the date of the first enrollment.

Transitional disposition fourth. Scheme applicable to undertakings providing postal services not covered by the universal postal service and registered in the Register governed by Article 53 of Law 16/1987 of 30 July 1987 on the Management of Transport Terrestrial.

Companies providing postal services which are not included in the scope of the universal postal service and are registered in the Register governed by Article 53 of Law 16/1987 of 30 July on the Management of Transport Terrestrial, they shall communicate the intention to provide postal services in accordance with the terms laid down in Law 24/1998 and its implementing legislation.

The maximum period for the communication will be one year from the beginning of the effective exercise of the functions attributed to the National Commission of the Postal Sector. After the time limit has elapsed without the communication to the General Register of postal service providers, the undertaking concerned may not provide postal services until such time as the required communication is made.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.

Final disposition first. Amendment of the Regulation on the development of Title II of Law 24/1998 of 13 July of the Universal Postal Service and the liberalisation of postal services, with regard to authorisations for the provision of services and the Register General of postal services companies approved by Royal Decree 81/1999 of 22 January.

A paragraph 3 is added to Article 2 of the Regulation which will have the following wording:

" 3. The Commission shall not require providers established in other Member States to be required to be equivalent or comparable, essentially, to those who are already subject in another Member State for the granting of authorisation. corresponding. For the purpose of proving compliance with the requirements, the Commission shall accept documents from other Member States without requiring the submission of original official documents or certified copies or sworn translations, unless justified on grounds of public policy and security. '

Article 24 of the Regulation is amended to read as follows:

" Article 24. Renewal of registration in the General Register of postal service providers.

Registration in the Register of postal service providers will be valid for two years. The renewal of the registration shall be carried out at the request of the National Commission of the Postal Sector, once the person concerned provides the corresponding application form, duly completed, and the proof of having paid the amount of the the fee set out in Article 13 of Law 23/2007 of 8 October 2007 establishing that Commission.

In case of no renewal of the registration, it will be discharged from office in the Register to the corresponding company, which will be disabled for the provision of postal services. "

Final disposition second. Competence of the State.

This royal decree is issued under the provisions of Article 149.1.21a of the Constitution, which confers exclusive competence on the State in the field of postal and telecommunications, except for Articles 8 to 15 of the General development of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector, which are dictated by the article 149.1.6ª of the Constitution, which attributes to the State exclusive competence in matters of legislation procedural.

Final disposition third. Enabling regulatory development.

The Minister of Public Works is enabled to make the necessary provisions for the development of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 11 December 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

GENERAL DEVELOPMENT REGULATION OF LAW 23/2007 OF 8 OCTOBER, SETTING UP OF THE NATIONAL POSTAL SECTOR COMMISSION

CHAPTER I

General provisions

Article 1. The National Postal Sector Commission.

The National Commission of the Postal Sector, created by Article 1 of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector, is a public body, of those provided for in the additional provision of Law 6/1997, of 14 April of the Organization and the Functioning of the General Administration of the State, with its own legal personality, its own patrimony and full capacity to act.

The National Commission of the Postal Sector is attached to the Ministry of Public Works, through its Secretariat, which assumes the exercise of the coordination functions between the Commission and the Ministry of Public Works.

Article 2. Legal framework.

The National Commission of the Postal Sector will be governed by the provisions of Law 23/2007, of October 8, by Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, by the present Regulation by Royal Decree 1298/2006 of 10 November regulating access to the public postal network and determining the procedure for the settlement of disputes between postal operators and the other implementing provisions regulatory. It will also be governed by Law 47/2003 of 26 November, General Budget and, in addition to Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State and by Law 60/2003, of December 23, of Arbitration.

The Commission will subject its activity to the provisions of Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the exercise of the public functions it has attributed to the law on public sector procurement, as well as, under Article 4.9 of its law of creation, to its Rules of Procedure, adopted by its Governing Council, which must subsequently be approved as Royal Decree by the Council of Ministers, on the proposal of the Minister of Public Works.

Article 3. Autonomy.

1. The National Commission of the Postal Sector shall act with full autonomy for the fulfilment of its purpose and the exercise of the functions referred to in the following Chapter.

2. Decisions by the President or the Governing Council of the Commission in the exercise of its public functions shall put an end to the administrative procedure.

Article 4. Legal assistance.

Legal assistance, representation and defense in the judgment of the National Commission of the Postal Sector corresponds to the State Attorneys integrated in the Legal Service of the State whose senior management is the Advocate General of the State-Directorate of the Legal Service of the State, within the framework of the provisions of Law 52/1997, of 27 November, of legal assistance to the State and public institutions and their development regulations.

CHAPTER II

Purposes, functions and procedures of the National Postal Sector Commission

Section 1. Of General Rules

Article 5. End of the National Postal Sector Commission.

The National Commission of the Postal Sector shall exercise the functions and powers conferred by Articles 6 and 7 of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector.

Article 6. The power to collect information.

The National Commission of the Postal Sector will be able to collect as much data and information as it requires for the exercise of its functions of the companies that provide its services in the postal market, which will be obliged to supply it in period, and in particular the data or information necessary for the processing and resolution of the procedures to be requested.

You will also be able to collect data and information that is relevant for the preparation of the annual report to the Ministry of Public Works on the development of the postal market, which will be elevated to the General Courts.

In any case, the National Postal Sector Commission will ensure that any information or data supplied is dealt with in accordance with the regulations on data protection, statistical confidentiality and competition.

Article 7. Treatment of confidential information.

Any person who submits documents to the National Postal Service Commission, when requesting the confidentiality of data or information, must do so in a sufficiently justified manner before the competent body in the framework the processing of the file in question and must also, if necessary, submit a version of the file in which the data or information supplied is processed in a manner compatible with the competition rules, data protection and the statistical secret.

Section 2. Of the arbitral function

Article 8. Arbitration function, general principles and rules.

1. The National Commission of the Postal Sector shall exercise the arbitration function, in the terms laid down in Article 20 of Law 23/2007, of 8 October, and in this Regulation, in disputes which may arise between postal operators when the They agree.

2. The exercise of this arbitral function shall not have a public character and shall have an institutional arbitration in accordance with the provisions of Article 14 of Law 60/2003 of 23 December.

3. The members of the Governing Council of the National Postal Sector Commission may not abstain or be challenged in the proceedings of arbitration for the mere fact of having instructed or resolved procedures in application of the rules the postal sector affecting one or more parts of the arbitration, as provided for in Article 17 of Law 60/2003 of 23 December.

4. The place of arbitration shall be the seat of the National Postal Sector Commission.

5. Law 60/2003, of 23 December, will be applied with an extra character as not provided for in this provision and in its implementing rules, which is intended to constitute the regulatory standard for the administration of arbitration. institutional.

Article 9. Formalization of arbitration.

1. Submission to the arbitration of the National Commission of the Postal Sector must be carried out by the postal operators in an express and unequivocal manner, by means of a document subscribed by the interested parties or their representatives, which will be deposited in the Management of the Commission and which shall contain at least the details of the identification of the party and, where appropriate, those of its representative, who shall justify his condition, the accreditation of the condition of the postal operator, the detailed description of the object of the the dispute or difference submitted to arbitration, the express declaration of submission to the institutional arbitration of the Commission, as well as the acceptance of the award by which the dispute or dispute is resolved.

2. For such purposes, the competent body, both to accept the formalization of the arbitration, and to issue the corresponding arbitration award, shall be the Governing Council of the National Commission of the Postal Sector.

3. Submission to the arbitration of the Commission in the form determined in this provision shall be effective as provided for in Article 11 of Law 60/2003 of 23 December.

Article 10. Recusal of the members of the Board of the Commission.

The recusal of the members of the Governing Board of the Commission, in the exercise of its arbitral function, may be promoted in accordance with Articles 17 (2) and (3) and (18) of Law 60/2003 of 23 May. December.

Article 11. Arbitration procedure.

The arbitral proceedings shall be in accordance with the agreement between the parties, provided that they do not contradict the provisions of this provision as set out in the Rules of Procedure for Institutional Arbitration provided for in Article 14. of Law 60/2003 of 23 December.

In any event the procedure shall be governed, in accordance with the provisions of Article 20 (3) of Law 23/2007, of 8 October, under the essential principles of equality between the parties, hearing and contradiction.

Article 12. Specificities of the arbitral proceedings.

1. The tests proposed by the parties and accepted by the Commission, as well as those agreed by the Commission, shall be carried out within 20 days.

The practice of the tests will be cited and the parties or their representatives will be able to intervene.

2. The National Commission of the Postal Sector, for the practice of the tests, may request the collaboration of the organs of the General Administration of the State, which must lend it as quickly as possible.

Article 13. Substantiation of the arbitral proceedings.

1. The substantiation of the arbitration proceedings prior to the arbitral award corresponds to the legal department, which will produce a report containing the proposal for an arbitration award, which will be forwarded to the Governing Council of the National Commission of the Postal Sector.

2. The Governing Council of the National Commission of the Postal Sector, at the request of the parties, may adopt precautionary measures in accordance with the provisions of Article 23 of Law 60/2003 of 23 December.

Article 14. Arbitration award.

1. The Board of the National Commission of the Postal Sector shall, in the course of 30 days, give the opinion of the Governing Council of the National Commission of the Postal Sector. Where there are sufficiently justified reasons for the complexity of the matter to be resolved or required for supplementary opinions or advice, the time limit may be extended by up to two months.

2. The award shall be made in writing, shall reflect the identity of the parties, the matters submitted to the arbitration, a summary of the evidence and the arguments put forward, as well as their assessment. The award shall contain the factual background and shall be motivated by the grounds of law on which the arbitral decision is based.

3. The arbitral award may not be made without the agreement of at least the majority of the members constituting the Governing Board. The award shall be signed by them and shall be presumed to be in accordance with the arbitral decision of those who do not sign it if they do not record their opinion in writing.

4. The award shall be notified to the parties by the Registrar of the Rector Board through any means admitted in law to enable them to be aware of their receipt.

5. Within 10 days of the notification of the award, either party may request the Commission to supplement the award in respect of questions raised and not resolved in it, to correct any error of calculation, of a copy, typographical or similar, or to clarify some specific point or part of the award.

Article 15. Expenses.

1. The arbitrations referred to in this section shall be free of charge, without prejudice to the obligation to satisfy the costs incurred by the practices of the tests, which shall be satisfied, except as expressed by the parties, by the proposed such tests.

2. Each of the parties, at the time of proposing the tests, shall make provision for funds, in the Management of the Commission, in order to meet the foreseeable costs. The costs arising from the ex officio tests shall be met by equal parties between the litigants.

Section 3. Of the enabling titles for the provision of postal services

Article 16. Powers with regard to the qualifications enabling the provision of postal services.

1. The National Commission of the Postal Sector, through its Board of Directors, will exercise the own powers of the General Administration of the State related to the granting and revocation of the securities to the provision of services postal services, in accordance with the provisions of Title II of Law 24/1998 of 13 July on authorizations for the provision of services and the General Register of postal service providers and their rules of development.

2. It shall also bear the General Register of Postal Service Companies, in which all data relating to the beneficiaries of administrative authorisations, whether unique or general, and their subsequent ones, are to be entered. alterations.

Section 4. of the other functions and procedures of the National Postal Sector Commission

Article 17. Guarantee of free competition and conflict resolution.

1. The National Commission of the Postal Sector will take the necessary measures to help safeguard the plurality of supply on the postal market, and will ensure that the individuals who act on the postal market carry out their activity while respecting the principles of free competition and avoiding possible discrimination in access to the postal network and in the normal exercise of its activity.

2. In accordance with Articles 7 (1) (a) and 16 of Law 23/2007 of 8 October 2007, the Governing Council of the National Commission of the Postal Sector shall resolve any disputes arising between the provider of the universal postal service and other postal operators who carry out services included in that area, in relation to the existence or not of the exclusive rights, the sufficiency or inadequacy of the guarantees offered to users and the right of access to the postal network public.

3. The procedure to be followed for the settlement of disputes shall be that laid down in Article 16 of Law 23/2007, of 8 October and in Royal Decree 1298/2006 of 10 November, which in any event shall respect the principles of hearing, contradiction and equality.

Article 18. Separation of accounts and determination of the net cost of the universal postal service.

1. The National Postal Sector Commission will ensure the correct application of the rules on analytical accounting and the separation of accounts of postal operators, and will carry out an annual audit of the operator's analytical accounts. in charge of the provision of the universal postal service, by itself or through an independent entity.

2. In addition, the National Commission of the Postal Sector, through its Rector Board, will determine, annually, the net cost or burden of providing the universal postal service for the operator to whom it has been entrusted, for the services the reserved and non-reserved area and shall draw up an annual report on its cost, its financing and the quality of the service it will send to the Ministry of Development for its elevation to the Government's Delegation for Economic Affairs.

Article 19. Tasks relating to the setting of conditions for access to the public postal network and the applicable procedure.

The Governing Council of the National Commission of the Postal Sector, in accordance with the provisions of Articles 7.1.f) and 16 of Law 23/2007 of 8 October 2007, shall, after hearing the parties concerned and in agreement with the with the principles of transparency, objectivity, non-discrimination and proper functioning of the public postal network, the conditions for access to the public postal network where operators have not agreed on this.

Article 20. Circulars and process for their manufacture.

1. The National Commission of the Postal Sector may issue instructions which will be binding on entities operating in the sector, in order to contribute to safeguarding the plurality of supply in the postal market, and to protect the interests of the users of postal services, in particular as regards the plurality of services offered and access to the public postal network.

These instructions, which will be used in administrative litigation, will be approved by the Rector Council plenary, will be duly motivated and will receive the name " Circulars of the National Commission of the Sector Postal ".

2. In accordance with the provisions of Articles 17.2.b) of Law 15/2007, of 3 July, of Defense of Competition and 17.3 of Law 23/2007, of 8 October and in their respective regulatory developments, when Circulars are issued that may The Commission will be obliged to request a report before the competent body on the defence of competition, which will have a significant impact on the conditions of competition in the postal market.

3. The appropriate technical and legal reports shall be issued by the competent services of the Commission in the procedure for the approval of the Circulars.

Where such circulars are related to relations between postal service operators and large users, as well as in all cases where the Commission considers it necessary, a hearing shall be given, where appropriate, to the entities and associations representing the representation of the relevant interests, and to the Consumers and Users Council, as set out in Article 52 of this Standard.

When the nature of the circular in question so requires, the Governing Council of the National Postal Sector Commission will agree a period of information or public consultation through the website of the National Commission of the Sector Postal.

4. The Circulars of the National Commission of the Postal Sector will be binding since its publication in the "Official Gazette of the State". They will also be given advertising on the website of the National Postal Sector Commission.

Article 21. Inspection and sanction functions and procedures.

1. The National Commission of the Postal Sector shall exercise the functions of inspection and sanction in the terms laid down in Articles 18 and 19 of Law 23/2007, of 8 October, in Title V of Law 24/1998, of July 13, in Law 30/1992, of 26 of November and in Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the exercise of sanctioning powers.

The power of inspection, as provided for in Article 18.2. of Law 23/2007, of 8 October, corresponds to the staff of the inspection service of the Commission which it will have, in its acts of service or with reason for these, the consideration of agents of the authority and may require, through the corresponding governmental authority, the support of the State Security Corps and Forces.

The power of sanction falls to the President of the Council, in the case of minor infringements, and to the plenary of the Governing Council in the case of serious and very serious infringements.

During the inspection and sanction procedures, the Commission staff may, for the performance of their duties, request postal operators to provide their services in the postal market with data and information. they consider necessary for the clarification of the facts, the companies mentioned being obliged to supply them within the required time limit.

2. The sanctioning procedure shall be initiated on its own initiative by agreement of the Governing Council, either on its own initiative, as a result of a reasoned report from the Commission's Inspection Service or by complaint.

The procedure will be instructed, in accordance with the provisions of Article 19 of Law 23/2007, of October 8, by the officials of the Inspection Service, which must specify the possible non-compliances, the norm or rules allegedly infringed and how many circumstances may clarify or specify the irregular conduct reported.

The resolution of the sanctioning procedure shall terminate the administrative route and may be brought against the administrative-administrative appeal.

Article 22. Duties in relation to the procedures for the resolution of complaints and compensation of postal operators with their users.

1. The Commission will ensure that all postal operators establish transparent, simple and free procedures for the resolution of users ' complaints in cases of loss, theft, deterioration or non-compliance with the rules of quality as well as any other related to the postal service delivery scheme.

It will also monitor postal sector operators to implement procedures to compensate users in the event of the destruction or loss of shipments or non-compliance with the conditions for the provision of services.

2. In the event that an operator does not have these procedures or that they do not comply with the requirements necessary to ensure the attention of the complaints or the compensation to the users of the services, the Commission shall fix a not more than two months for the establishment of these. Once that time has elapsed without the operator crediting the effective establishment of the procedures in question, the relevant sanctioning file will be opened.

Article 23. Role in relation to the price regime.

The National Commission of the Postal Sector, through its Board of Rector, will exercise control of the guidelines and, where appropriate, of the price regime established in accordance with the provisions of article 7.1.j of Law 23/2007, of 8 of October.

Article 24. Annual report.

1. In accordance with Article 7.1.n of Law 23/2007 of 8 October 2007, the Commission will draw up an annual report on the development of the postal market through its Governing Council, which will be sent to the General Courts.

2. This report will be elevated to the Government, through the Minister for Development, in the first quarter of each year and will reflect the Commission's actions, as well as its comments and possible suggestions on market developments, complaints and compliance with the conditions of free competition and shall include the programme of actions which it intends to carry out in the following period.

3. The Government shall forward the report to the Congress of Deputies and the Senate for processing in accordance with the Rules of Procedure of each of the Chambers.

Article 25. Duties in relation to the bodies of the National Competition Commission.

1. The National Commission of the Postal Sector, through its Rector Council, in order to contribute to safeguard the competition in the market, will bring to the attention of the competent body in matter of defense of the competition the acts, agreements, practices and conduct of which it may be aware in the exercise of its powers that it has evidence of being contrary to the Law on the Defence of Competition, providing all elements of fact within its scope and, where appropriate, bringing together the corresponding opinion.

2. Likewise, the Governing Council of the National Commission of the Postal Sector will issue the opinions requested by the National Competition Commission in the terms established in Law 15/2007, of 3 July of the Defense of Competition and in Royal Decree 261/2008 of 22 February 2008, for which the Regulation of the Defence of Competition is adopted.

3. When the National Commission of the Postal Sector requires it for the exercise of its functions, it shall request, through its President, the relevant report to the National Competition Commission.

Article 26. Other functions.

1. It is up to the National Commission of the Postal Sector, through its Rector Council, to propose to develop any other functions that are legally or regulations attributed to it or entrusted to it by the Government or the Ministry of Public Works.

2. In addition to those mentioned in the preceding articles, the following are:

a) The management of the Universal Postal Service Compensation Fund intended to supplement the financing of such service.

b) The performance as a consultative body of the General Administration of the State in postal matters, by issuing, by its Board of Directors, the reports requested by the Ministry of Public Works.

c) Control of compliance with quality objectives established for postal services.

(d) The management of the fees involved in the operation of the Commission.

CHAPTER III

From the structure of the National Postal Sector Commission

Rector Board Section 1.

Article 27. The Governing Council.

The National Commission of the Postal Sector shall be governed by a Governing Council, which shall be responsible for the exercise of all the functions set out in Article 7 of Law 23/2007, of 8 October.

Article 28. Composition of the Governing Board.

The Governing Council shall consist of:

a) A President, who will also be President of the National Postal Sector Commission.

b) Four counselors, one of whom will be Vice President.

c) A Non-Counselor Secretary, who will have a voice but no vote.

Article 29. Appointment and termination of members of the Governing Council.

1. The appointment of the President, Vice-President and Board of Directors of the Board of Directors of the National Commission of the Postal Sector shall be carried out in accordance with the provisions of Article 4.4 of Law 23/2007.

2. The positions of President, Vice President and Counselor will be renewed every six years, with his re-election possible for one time.

3. Except in the case of separation agreed by the Government for permanent incapacity for the exercise of his duties, for serious breach of his obligations, for conviction for a crime or for incompatibility of the offence, the members of the The Rector Board shall continue in its duties until the holding of the corresponding replacement.

4. If, during the period of their respective terms of office, the President, the Vice-President or any member of the Council is to cease, the persons appointed to replace him shall be for the remainder of the term of office of his predecessor, although he may be re-elected for a new and single command.

5. The Governing Council has the power to appoint and terminate its Secretary, who shall also be the Secretary-General of the Commission.

Article 30. Remuneration scheme.

The remuneration of the President, the Vice President and the directors will be set by the Minister of Economy and Finance in accordance with the procedure established for the high offices of entities and public law entities in the corresponding State General Budget Laws.

Article 31. Incompatibilities

1. The President, the Vice President and the members of the National Postal Sector Commission will be subject to the regime of incompatibility of activities established in general for the high positions of the General Administration of the State in Law 5/2006, of 10 April, of Regulation of the Conflicts of Interests of the Members of the Government and of the High Charges of the General Administration of the State and in its provisions of development, as well as in the Agreement of the Council of Ministers, of 18 February 2005 on the approval of the Code of Good Government and the High Charges for the General Administration of the State.

2. When he ceases to be in office and during the two years thereafter, the members of the Rector Council of the National Postal Sector Commission will not be able to carry out any professional activity related to the postal sector. For a period equal to that which they have held, and in any event, subject to the limit of two years, they shall be entitled to receive, from the month following that in which the end of their term of office expires, or permanent incapacity for the performance of his duties, a monthly economic compensation equal to the figure of 80% of the total remuneration allocated to the respective charge in the budget in force for the period indicated. There shall be no place for the receipt of such compensation in the case of performance, in a remunerated manner, of any post, position or activity in the public or private sector, with the exception of teaching, or where the cessation has occurred in the a separation due to a serious breach of its obligations, a criminal offence or an incompatibilities.

Article 32. Duty of secrecy.

Members of the Governing Council of the National Postal Sector Commission must keep secret, even after they cease their duties, of how much information they know in the exercise of their positions.

Section 2. of the other organs and structure of the National Postal Sector Commission

Article 33. President.

The President of the National Postal Sector Commission will be President of the Rector Council, corresponding to the functions conferred by Law 23/2007, of October 8, the powers conferred on him by this Regulation and the other functions assigned to it by the legal order.

The President will be replaced in the case of vacancy, absence or illness by the Vice-President of the Commission, and failing that, by the senior adviser and age, by this order, from among its components.

Article 34. Vice-President.

The Vice President of the National Postal Sector Commission is responsible for supplying the President in cases of absence, vacancy or illness, as well as all the powers that the President or the Council delegates to him. expressly.

Article 35. Secretary-General.

1. The Secretary-General of the National Commission of the Postal Sector, who shall also be the Secretary of the Council, shall, in addition to the functions laid down in Article 25 of Law 30/1992 of 26 November 1992, have functions of assistance to the President and to the Vice-President of the Commission in the exercise of its powers, as well as ensuring the ordinary functioning of administrative services.

2. In the event of vacancy, absence or illness, the Registrar of the Governing Council shall be replaced by the person appointed by the President, heard by the Governing Council.

Article 36. Structure and functions.

1. For its proper functioning, under the immediate leadership of its President, the National Commission of the Postal Sector is structured in the following departments:

(a) Legal Department. -It is the responsibility of providing legal support to all the activities of the Commission and, in particular, will be responsible for drawing up proposals for the resolution of sanctioning dossiers, processing and drawing up proposals for the resolution of complaints, complaints and complaints from users and disputes between operators, as well as the development of relations with the Courts of Justice, without prejudice to the assistance of the Service Legal status of the State.

(b) Technical Department. The management of the General Register of Postal Service Companies, the quality control of postal services, the determination of the net cost of the universal postal service, shall be managed by the Department. prior audit of the public operator's analytical accounting, and the reporting and reporting of market and postal services.

(c) Department of Inspection.-The inspection of postal services provided by operators shall be carried out in order to ensure the development of the service within a framework of free competition and to safeguard the rights of the users, as well as the instruction of the sanctioning procedure.

d) Management. -Under the immediate leadership of the Secretary General, he will develop the functions of human, economic, financial, budgetary, computer and material resources management. It will manage the procurement and acquisition of the goods and services necessary for the fulfillment of the objectives that the National Commission of the Postal Sector has assigned. It shall also be responsible for the management of the fees which the Commission is assigned as the main source of revenue.

2. The Commission, within the scope of its powers, is responsible for the public powers for the fulfilment of its objectives, in terms of its constitutive law and its rules of development.

CHAPTER IV

From the National Postal Sector Commission staff

Article 37. Staff scheme.

Staff providing services in the National Postal Sector Commission will be constituted by:

a) The career civil servant.

b) The workforce.

Article 38. Career civil servant.

1. In accordance with the provisions of Article 8.3 of Law 23/2007, of October 8, the career civil servant of the National Commission of the Postal Sector will be governed by the provisions of Law 7/2007, of 12 April, of the Basic Statute of the Public employee and other rules applicable to staff of the General Administration of the State.

2. The employment relationship of the National Postal Sector Commission will determine which posts should be covered by official staff.

In any case, official staff shall be responsible for the exercise of the inspector's function and all those functions involving direct or indirect participation in the exercise of public powers and the safeguarding of the general interests of the State.

3. The procedures for the provision of posts by career civil servants shall be those laid down in the rules on civil service applicable to the official staff of the General Administration of the State and shall respect, in all the principles of equality, merit, capacity and publicity.

The President of the National Postal Sector Commission will convene and resolve the procedures for the provision of jobs for career officials. Both calls and resolutions will be published in the "Official State Gazette".

Article 39. Work staff.

1. In accordance with the provisions of article 8.4 of Law 23/2007, of October 8, the staff of the National Commission of the Postal Sector will be governed by the precepts of Law 7/2007, of April 12, of the Basic Statute of the Public Employment (a) to be provided by the labour law and other conventionally applicable rules.

2. The selection of work staff shall be carried out by means of procedures to ensure the guiding principles contained in Article 55 of Law 7/2007 of 12 April of the Basic Staff Regulations.

The selective systems of fixed labor personnel will be the opposition, the opposition, or the merit assessment contest.

It will be up to the President of the National Postal Sector Commission to agree to the appointment of the workforce through the formalization of contracts, on the basis of the conditions of capacity and conditions required. on the call.

3. The staff providing services to the National Postal Service Commission which is linked to it by a working relationship shall, as a general rule, have a fixed employment status.

Exceptionally, in order to meet urgent and non-deferred needs, and with the agreement of the Rector Council, the hiring of non-permanent labour personnel may be carried out, subject to the joint authorization of the Ministries of the Presidency and Economic and Financial Affairs, by means of any of the procedures for temporary employment provided for in the labour law and in any case respecting the principles and procedures outlined in the previous paragraph.

4. The provision of posts and the mobility of labour personnel shall be carried out in accordance with the provisions of the applicable collective agreements and, failing that, by the system of the provision of posts and mobility of the staff of the staff of the General Administration of the State.

Article 40. Managerial staff.

1. The Secretary-General of the National Postal Sector Commission will have the consideration of managerial staff.

2. The position of the Secretary-General shall be generally covered by career officials, and shall take into account the principles of merit and capacity, as well as the criteria of suitability and shall be carried out by means of procedures which ensure their advertising and competition. In the exceptional case that the position is covered by employment, it will be done through a high-management contract.

Article 41. Relationship of jobs.

The National Commission of the Postal Sector will have a working relationship, which will be public, in which, in accordance with the provisions of the law, they will consist of:

(a) The posts to be performed by career officials, as well as the names of the posts, the professional classification groups, the bodies or scales, if any, to which they are attached, the systems of provision of additional posts and remuneration.

The posts to be held exclusively by career officials shall be detailed, in the form of the exercise of the functions involving direct or indirect participation in the exercise of public powers and the safeguarding of the general interests of the State.

b) Jobs to be performed by labour personnel.

Article 42. Public Employment Offer.

The President of the National Postal Sector Commission will present annually to the Ministry of the Presidency, through the Ministry of Public Works, the proposal for a Public Employment Offer corresponding to the agency.

Article 43. Processing of calls for selection and provision of jobs.

The calls for selection and provision of jobs for staff at the service of the National Postal Sector Commission will be carried out by resolution of the President of the National Commission of the Postal Sector. terms established for the General Administration of the State.

Article 44. Remuneration scheme.

The general system of remuneration of staff at the service of the National Postal Service Commission shall be subject to the provisions of Chapter III of Title III of Law 7/2007, of 12 April, of the Basic Staff Regulations. Public employee and other rules that are applicable as provided in the same.

Article 45. System of incompatibilities.

The staff at the service of the National Postal Sector Commission will be subject to Law 53/1984 of 26 December, of Incompatibilities of the staff at the service of the public administrations, being also obliged to comply with the the duty of secrecy, even after the cessation of his duties, in relation to any information he has known in the performance of his duties.

CHAPTER V

Hiring, budgetary, wealth, and economic-financial arrangements

Article 46. Recruitment scheme.

1. The contractual activity of the National Commission of the Postal Sector will be subject to the provisions of the legislation on public sector procurement, with its contracting authority being the President of the public sector.

2. The President of the National Commission of the Postal Sector, as the agency's contracting authority, is assisted by a Recruitment Bureau, which is the body responsible for the assessment of the tenders.

3. The Bureau is composed of:

a) A President, who is the Secretary General of the National Postal Sector Commission.

b) A Secretary, appointed by the President of the National Postal Sector Commission, among officials dependent on the contracting authority.

(c) Four Vocals, appointed by the President of the National Postal Sector Commission, between representatives of the Legal Department, the Management Board, the Unit concerned based on the subject matter of the contract, and who has functions assigned to the body's economic and budgetary control.

Article 47. Budgetary regime.

1. The National Commission of the Postal Sector will produce a preliminary draft budget annually, according to the structure that will be determined by the Ministry of Economy and Finance, to which it will be sent through the Ministry of Public Works. Draft General Budget of the State.

2. The changes to the budget shall be authorised in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

3. It is for the President of the National Postal Sector Commission to approve the expenditure and order the payments, except for cases reserved for the government's competence, and to carry out the accountability of the body in accordance with the provisions of the Law 47/2003, dated November 26.

Article 48. Heritage.

1. The National Postal Sector Commission will have its own and independent heritage of the State's heritage.

2. The resources of that Commission shall be integrated by:

(a) The assets and securities that constitute their assets, as well as the products and income of the equity.

(b) The income from the liquidation of the following charges for the financing of the expenditure occasioning the operation of the Commission:

1. No. Rate by registration in the General Register of postal service providers.

2. The rate of economic activities in the postal sector.

3. º Rate by issue of registration certificates.

(c) Transfers to be carried out, where appropriate, from the General Budget of the State.

3. As the entity responsible for the management of the Compensation Fund of the Universal Postal Service, the National Commission of the Postal Sector is responsible for the collection and management of the planned rate, for this purpose, in article 33 of Law 24/1998, of 13 July, the Universal Postal Service and the Liberalization of Postal Services.

4. The forms to be used as a model for the payment of the different fees shall be approved by Order of the Minister for Public Works.

Article 49. Economic-financial regime.

The permanent economic and financial control of the National Commission of the Postal Sector will be carried out by the General Intervention of the State Administration in accordance with Law 47/2003, of November 26, General Budget, without prejudice to the functions of the Court of Auditors.

Article 50. Accounting system applicable to the National Commission of the Postal Sector.

The National Commission of the Postal Sector will formulate and render its accounts in accordance with Law 47/2003 of 26 November, General Budget, and the principles and accounting standards set out in the General Accounting Plan Public and its standards of development.

The National Postal Sector Commission will issue annual accounts within three months of the end of the financial year.

CHAPTER VI

From external relations and electronic headquarters

Article 51. Collaboration with the National Competition Commission.

The National Commission of the Postal Sector will cooperate with the National Competition Commission and, where appropriate, with the competent bodies which, in the field of competition, will have the Autonomous Communities in the terms established in Chapter II of Title II of Law 15/2007 of 3 July on the Defence of Competition.

When the Governing Council of the National Commission of the Postal Sector considers it appropriate for the performance of its duties, its President shall request the relevant report from the National Competition Commission.

Article 52. Collaboration with the Consumers and Users Council.

The National Postal Service Commission, in the elaboration of circulars that have an impact on postal service users, as well as any other activity of the Commission that so requires, will consult the Council of Consumers and Users, as an organ of representation and consultation at national level, provided for in the Royal Legislative Decree 1/2007 of 16 November, for which the recast text of the General Law for the Defense of Consumers and users and other complementary laws

Article 53. Collaboration with the Administration of Justice.

In accordance with the applicable legal order, the National Postal Sector Commission shall provide all assistance and collaboration required by any organ of the Administration of Justice.

Article 54. Relations with other public and private entities.

The National Commission of the Postal Sector, through its President, may establish relationship or communication with any other public administration bodies and private entities.

Article 55. Relations with bodies of other States or the European Union.

The National Postal Sector Commission, through its President and through the Ministry of Public Works and the Ministry of Foreign Affairs and Cooperation, will maintain relations with the regulatory bodies of the postal sector other States and, in particular, with the bodies of the European Union, being able, within their field of competence, to participate in their deliberations and discussions on postal matters.

Article 56. Electronic seat.

The National Commission of the Postal Sector will have an Internet site in accordance with the provisions of the fourth additional provision of Law 23/2007 of 8 October and in order to comply with the provisions established in the Law 11/2007, of 22 June, of electronic access of citizens to public services.

The structure and composition of the Commission's bodies, the Rules of Procedure, the Circulars issued, as well as all the reports made by the Commission, will be accessible on the Internet site. for the fulfilment of its objectives and tasks and those which it provides, at any time, as well as the annual objectives or the Commission's Strategic Plan.

The site should serve as a support for the dissemination of the Commission's objectives, the rights of users in relation to the Commission's powers, as well as the platform for the submission of any consultation, complaint or complaint, and must in any case respect the provisions of Law 11/2007, of 22 June, on the electronic access of citizens to public services.