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Law 23/2007, Of October 8, Of Creation Of The National Commission Of The Postal Sector.

Original Language Title: Ley 23/2007, de 8 de octubre, de creación de la Comisión Nacional del Sector Postal.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

Law 24/1998 of 13 July of the universal postal service and the liberalization of postal services, approved on the basis of exclusive competence provided by Article 149.1.21. The Commission has already established a regulation in which the arrangements for the provision of the universal postal service, the right to postal communications for all citizens and businesses, and the recognition of the status of postal services are determined. liberalization of an important area of the postal sector, laying down the basic rules for the free concurrency.

This law has allowed a part of the postal services to be provided under free competition and, to this end, has defined minimum rules for the management of the sector and has prompted the emergence of different operators to Post and Telegraph, S. A., which have ended the State monopoly in the postal service. It is now necessary to adopt other complementary measures which will make competition between operators in the liberalised sector more effective and, in particular, the creation of an independent body, both the administration and the operators, who have the ability to order and resolve problems that may hinder the free exercise of competition.

For this purpose, in order to safeguard the enforcement of the provisions laid down in Law 24/1998 of 13 July 1998, and to ensure that the postal sector is governed by the principles of free competition, transparency and equality of treatment, the National Commission of the Postal Sector is created, as an independent and specialized organ in charge of solving, or arbitrating in its case, the conflicts between the postal operators and to take care of the interests of the users.

Competition in the postal sector must lead to an improvement in the quality of the service and must serve as a guarantee that operators observe the fundamental guarantees and the rights of users and that they comply with the service obligations.

To this end, the Commission is given as important functions as the granting of the securities to the provision of postal services, or the powers of inspection and sanction, which implies the reallocation of powers that the Ministry of Public Works has so far been carrying out.

The creation of the National Commission as an independent body covered by extensive regulatory powers implies the reorientation of the functions of the General Administration of the State in the postal sector, which will focus on the regulatory development and general management of the sector, as well as on the determination of public service obligations and the content and quality parameters of the universal postal service. All this with the ultimate aim of making its homogeneous development a reality in the whole of the national territory and thus to ensure the material conditions to guarantee the effective access of all users to the public postal network.

CHAPTER I

General provisions

Article 1. Creation of the National Postal Sector Commission.

1. The National Commission of the Postal Sector is created as a regulatory body for the postal sector, with the aim of ensuring its transparency and good functioning and compliance with the requirements of free competition.

2. The National Commission of the Postal Sector is configured as a public body, with its own legal personality and full capacity to act, as provided for in the additional provision of Law 6/1997, of 14 April, of organization and operation of the General Administration of the State.

3. The Commission is a functionally independent body of the General Administration of the State, although it is attached to the Ministry of Public Works through the Secretariat, which assumes the exercise of the coordination functions between the Commission and the Ministry.

Article 2. Legal framework.

The National Commission of the Postal Sector will be governed by the provisions of this law, in its provisions of development and in Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services.

Also, Law 47/2003, of November 26, General Budget, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, will be applicable in the exercise of the public functions assigned to it by the law and Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, with an additional character.

CHAPTER II

Organization and composition

Article 3. Organization.

The Commission shall carry out its duties through a Governing Council, which shall be responsible for carrying out the tasks laid down in Article 7 and a General Secretariat, the holder of which shall be the administrative officer of the Commission and the in order to ensure the ordinary functioning of administrative services.

Article 4. The Governing Council.

1. The Governing Council will be composed, initially, by a President, who will also be the President of the National Postal Sector Commission and four members, one of whom will be Vice President, and a Non-Counselor Secretary, who will have a voice. but did not vote.

By Royal Decree, the number of advisors can be increased according to the regulatory needs of the postal sector.

2. The President assumes the legal representation of the Commission, directs its activities and exercises the functions conferred on the Presidents of the administrative collegiate bodies by Article 23 of Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure, as well as the other powers assigned to it by the Rules of Procedure of the Commission. Your vote will be settled.

3. The Vice-President shall supply the President in the cases of vacancy, absence or disease and shall exercise the duties delegated to him by the President and provided for in the Rules of Procedure of the Commission.

4. The President, the Vice-President and the members will be appointed by the Government, by means of a royal decree adopted on the proposal of the Minister of Public Works, among persons of recognized professional competence in the postal sector and in the regulation of markets, after appearing before the corresponding Commission of the Congress of Deputies of the proposed candidates, which will deal with their technical capacity and expertise.

5. The Governing Council shall appoint its Secretary, who shall also be the Secretary-General of the Commission.

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

7. The President, the Vice-President and the members shall cease to be a waiver accepted by the Government, expiration of the term of office or separation agreed upon by the Government, after having been informed by the Ministry of Public Works, in the alleged permanent incapacity for the exercise of his or her duties, gross non-compliance with his obligations, conviction for intentional crime or incompatibility.

8. The President, the Vice-President and the members shall exercise their function with absolute dedication and shall be subject to the system of incompatibility of activities generally established for the senior officials of the General Administration of the State of 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 approving the Code of Good Government and the High Charges for the General Administration of the State.

To cease and during the two years thereafter, you will not be able to engage in any professional activity related to the postal sector.

9. The Governing Council shall adopt the Rules of Procedure of the Commission, which shall regulate the action of its bodies and the procedure to be followed for the adoption of agreements and the organisation of staff.

The Regulation should be adopted with a favourable vote of at least four of the members of the Governing Council of the Commission and, subsequently, approved as a royal decree by the Council of Ministers, Proposal from the Minister for Development.

Article 5. Economic compensation scheme.

1. By virtue of the limitation imposed by Article 4.8, the President, the Vice-President and the members of the Executive Board shall, at the end of their term of office, resign or be permanently unable to carry out their duties. the right to receive, from the month following the month in which the termination of the payment is made, and for a period equal to that of the office, with the maximum limit of two years, a monthly economic compensation equal to the part of the 80 per 100 of the total remuneration allocated to the respective charge in the budget in force for the period indicated.

2. Such compensation shall be incompatible with the performance of those charges, in the case of being designated again for one of them after the cessation.

CHAPTER III

Object and functions

Article 6. Object.

The Commission will contribute to ensuring the proper functioning of the postal market and in particular the provision of the universal postal service, for the benefit of users, and will work to consolidate the liberalisation process. of the market. To this end, it shall grant the securities for the provision of postal services, ensure effective compliance with the obligations of the operators and resolve any disputes that may arise between them.

In order to fulfill the task entrusted to it, the National Postal Service Commission will ensure the provision of the universal postal service to all citizens, throughout the national territory, at affordable prices and with the commitment of quality to be established, being the competent body to resolve any query, complaint or claim that the users of these services make to you.

Article 7. Functions.

1. In order to meet its objectives, the Commission shall, through the Governing Council, carry out the following

:

(a) Resolve any conflicts that may arise between postal operators, in the cases covered by Article 16.

b) Velar because postal operators establish transparent, simple and free procedures for the resolution of users ' complaints in cases of loss, theft or deterioration, and for compliance with the quality standards for postal services.

(c) Grant and revoke the securities to be provided by the postal service operators in accordance with the provisions of Title II of Law 24/1998 of 13 July of the Universal Postal Service and of Liberalisation of Postal Services.

(d) to ensure that the persons acting on the postal market carry out their activities in compliance with the principles of free competition and avoid any discrimination in access to the postal network and in the normal exercise of their activity.

For these purposes, the Governing Council shall inform the competent body in the field of defence of jurisdiction of any acts, agreements, practices or conduct of which it may have knowledge in the exercise of its powers. (a) the powers of the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice, the Court of Justice and the Court of Justice; It shall also deliver the opinions requested by the competent body in accordance with the terms laid down in that law.

e) to determine, annually, the net cost or burden of providing the universal postal service for the operator to whom it was entrusted and to draw up an annual report on its cost, its financing and the quality of the the Ministry of Public Works will raise the Government's Delegate Committee for Economic Affairs.

The National Commission of the Postal Sector will also ensure the correct application of the provisions of the rules on analytical accounting and the separation of accounts of postal operators and will carry out annually the audit on the analytical accounts of the designated operator for the provision of the universal postal service.

f) Set the conditions for access to the public postal network when operators have not reached an agreement on this.

g) Dictate instructions to postal operators in order to take the necessary measures to safeguard the plurality of postal services offered and access to the public postal network.

(h) To exercise the inspection of postal services, in order to ensure the development of the service in a framework of free competition and the fulfilment of the obligations assumed by the operators under their respective enabling titles.

i) Exercise the sanctioning power for acts or omissions that constitute an effective breach of the obligations of postal operators, as provided for in Law 24/1998 of 13 July of the Postal Service Universal and Liberalization of the Postal Services, and without prejudice to the competences reserved to the organs of defense of the competition.

(j) Control the application of the guidelines and, where appropriate, the price regime set out in Articles 30, 31, 31a and 31b of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of the Postal Services.

k) Manage, as the case may be, the Universal Postal Service Compensation Fund intended to supplement the financing of that service, in accordance with the provisions of Law 24/1998, of July 13, of the Universal Postal Service and of Liberalisation of Postal Services.

l) Take the General Register of postal service companies, established by Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, in which all are to be registered the data relating to the beneficiaries of administrative authorisations, whether unique or general, as well as their subsequent alterations.

m) Act as a consultative body of the General Administration of the State in postal matters, issuing the reports requested by the Ministry of Public Works.

n) To prepare annually a report on the development of the postal market, which will be presented to the Ministry of Public Works and elevated to the General Cortes. This report shall reflect the actions of the Commission, its comments and possible suggestions on the development of the market and on the fulfilment of the conditions of free competition and shall include the programme of actions provided for in this report. develop in the following period.

To this end, companies providing their services on the postal market will be obliged to provide the Commission with all data or information requested and will be relevant for the preparation of such information. report.

o) Control compliance with quality objectives set for postal services.

p) Know about the procedures that the postal sector operators implement to compensate users in the event of destruction or loss of shipments or non-compliance with the conditions for the provision of services.

2. The decisions to be taken by the Governing Council in the exercise of its public functions shall end the administrative procedure and shall be subject to the administrative dispute in the terms laid down in Law 29/1998 of 13 July 1998. regulatory of the Administrative-Administrative Jurisdiction.

CHAPTER IV

Operation and Media

Article 8. Staff at the service of the National Postal Sector Commission.

1. The staff at the service of the National Commission of the Postal Sector, other than the members of its Council Rector, are constituted by:

(a) Officials and staff employed in the Ministry of Public Works who, at the time of the entry into force of this law, are carrying out services related to the regulation and inspection of services postal services, except for those who remain in the Ministry for the exercise of functions excluded from the scope of the Commission's action. Such staff shall become dependent on the Commission within two months of the date of their establishment.

(b) The staff selected by the National Postal Sector Commission, which, except in the cases referred to in paragraph 5, shall be bound by a relationship subject to labour law rules.

2. Personnel from the Ministry of Public Works, who may become dependent on the National Postal Sector Commission, will be incorporated in the Postal Sector's National Commission, while retaining its status as official or labor personnel, with recognition of the age that corresponds to it and in the same administrative situation as it was at the time of integration.

3. The official staff shall be governed by the rules governing the civil service and applicable to the official staff of the General Administration of the State.

The provision of official staff positions shall be carried out in accordance with the provision procedures laid down in the rules on civil service applicable to the official staff of the Administration. State General.

4. The labour force shall be governed by the rules governing public employment, the Staff Regulations and the other labour regulations applicable to it.

The selection of work staff will be carried out by public call, subject to the principles of equality, merit and capacity, as well as access to the public employment of persons with disabilities.

5. The Commission shall have a list of posts in which, in any event, those posts which are to be carried out exclusively by officials shall consist in the exercise of the functions involving direct participation. or indirect in the exercise of public powers and the safeguarding of the general interests of the State and of the Public Administrations.

Article 9. Recruitment scheme.

The contracts held by the National Postal Sector Commission will be in accordance with the provisions of the public sector procurement legislation.

Article 10. Budgetary regime.

1. The Commission shall draw up an annual preliminary draft budget, in accordance with the structure to be determined by the Ministry of Economy and Finance, to which it shall be sent by the Ministry of Public Works for incorporation into the 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.

Article 11. Economic-financial and heritage regime.

1. The Commission shall have its own heritage and independent of the State's assets.

2. The Commission's resources 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 fees for the purpose of financing the operation of the Commission.

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

3. The economic and financial control of the Commission shall be carried out in accordance with the provisions of Law 47/2003 of 26 November

.

Article 12. Fees charged to the operation of the Commission.

1. The collection of the following fees shall be for the financing of the expenditure incurred by the operation of the Commission:

a) Rate by registration in the General Register of postal service providers.

b) Rate for economic activities in the postal sector.

c) Rate by issue of registration certificates.

2. The fees listed in the previous paragraph shall be governed by the provisions of this Law and its implementing rules, in Law 8/1989, of 13 April, of Public Fees and Prices and in Law 58/2003 of 17 December, General Tax.

3. On the order of the Minister of Public Works, the forms that will serve as a model for the payment of the different fees will be approved.

4. The management of the fees will, in any case, be the responsibility of the National Postal Sector Commission.

Article 13. Registration fee in the General Register of postal service providers.

1. Persons and entities which provide postal services and are registered in the General Register of postal service undertakings shall be obliged to satisfy a biannual rate of periodicity, which is intended to finance the expenditure incurred of the functioning of the National Postal Sector Commission.

2. It is the taxable fact of the registration and renewal of the registration in the General Register of postal service providers.

3. This fee is taxable for natural or legal persons who provide postal services and are registered in the General Register of postal service providers.

Companies that simultaneously provide postal services within the scope of the universal postal service and services not included in that scope must be registered in the General Register of companies postal services in the sections corresponding to those services. Each act of registration and renewal shall give rise to the payment of the relevant fee.

4. The fee shall be paid at the time of registration or renewal of the registration.

5. The fee to be entered shall be EUR 50, without prejudice to the updates which the General Budget Law of the State may carry out in the successive financial years.

Article 14. Fee for carrying out economic activities in the postal sector.

1. The holders of administrative authorisations provided for in Articles 9 and 11 of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalisation of Postal Services for the provision of postal services shall be obliged to to satisfy the National Postal Sector Commission an annual fee, the collection of which shall be intended to cover the costs incurred in carrying out the management, control and enforcement activities that this law imposes on the National Commission of the Postal Sector.

2. The taxable fact of the tax is based on the management, control and enforcement operations to be carried out by the National Commission of the Postal Sector in relation to the holders of administrative authorizations that enable them to carry out economic activities in the postal sector.

3. The tax base of this fee is the aggregate of the gross operating income obtained by the holder of the administrative authorisation for the provision of the postal services covered by the approved scope.

4. Any natural or legal person who provides postal services under administrative authorisation is a taxable person.

The holders of general administrative authorisations will be exempt from the payment of the fee for carrying out economic activities in the postal sector as soon as the needs for management and regulation of this sector do not justify the contrary.

5. The fee shall be payable on 31 December of each year, unless the operator ceases the activity or loses the administrative authorisation for the reason of the imputable, on the date before, in which case the fee shall be payable on the date on which such a circumstance has taken place.

6. The fee shall not exceed 0,2% of the tax base. The percentage to be applied on the same basis shall be determined and may be amended by the General Budget Law of the State, taking into account the difference between the revenue collected by the fee and the operating costs of the Commission. National of the Postal Sector in the previous year.

7. Postal operators who are obliged to pay the fee must draw up a revenue statement each year and report it, within the first six months of each year, to the Commission, which shall carry out the corresponding settlement on the basis of the of the volume of revenue obtained in the relevant financial year.

8. If the holder of the authorisation does not carry out the communication within the prescribed period, the Commission shall decide on the revenue determined in accordance with Article 53 of Law 58/2003 of 17 December 2003. Tax.

9. The payment of the voluntary fee shall be made within the time limits provided for in Article 62.2 of Law 58/2003 of 17 December, General Tax.

10. The establishment, modification, deletion and extension of exemptions, reductions, bonuses, deductions and other tax benefits or incentives for this fee may be regulated through the General Budget Law of the State.

Article 15. Fee for issuing registration certificates.

1. The issuance of registration certificates by the National Postal Sector Commission will give the right to the collection of a compensatory fee for the cost of the necessary administrative procedures and procedures. Those certificates issued at the time of initial registration or subsequent renewal of the registration are excluded.

2. Persons applying for certification are taxable persons of this fee.

3. The accrual shall take place at the time when the application for the registration certificate is made, and the amount shall be paid at the same time.

4. The amount of this fee shall be EUR 100, without prejudice to the updating of the fee which the General Budget Law of the State may carry out for each financial year.

CHAPTER V

Procedures

Article 16. Conflict resolution procedure.

1. The National Postal Service Commission shall resolve any disputes arising between the universal postal service provider and other postal operators who carry out services falling within that scope in relation to the existence or not of the exclusive rights, the sufficiency or inadequacy of the guarantees offered to the users and the right of access to the public postal network.

2. The dispute settlement procedure, which shall be governed by the order of the Minister for Public Works, shall respect the principles of hearing, contradiction and equality.

3. The procedure shall always be initiated at the request of a party or its representative within two months of the conflict. The following ends shall be included in the initiation request:

(a) The name and address of the claimant and the person against whom the claim is addressed.

b) The facts and the basics of entitlement.

c) The content of the claim.

d) The test proposition.

4. Following the submission of the application by the person concerned or by his representative, the Secretariat of the Commission shall send a copy of the complaint to the party against which it is made, in order to reply within 20 days, proposing, where appropriate, any evidence deemed appropriate.

5. Once the complaint has been lodged, the evidence proposed by the parties and accepted by the Commission, as well as those agreed by the Commission, shall be carried out within 30 days.

6. In practice, the Commission shall require the parties to draw up their conclusions in writing within 20 days, or to agree to the oral hearing.

7. Finally, the Commission will deliver and notify its resolution within 20 days, which may be extended to 40 by the President of the Commission, from the receipt of the conclusions or the conclusion of the hearing. The decision shall be in writing and shall specify the grounds of fact and the right to which the decision is based.

8. The decision shall be binding on the parties and may impose an obligation to compensate for the damage and damage caused.

9. The resolution shall be impeachable, in the terms laid down in Law 29/1998, of July 13, regulating the Administrative-Administrative Jurisdiction in the face of the administrative-administrative jurisdiction.

Article 17. Procedure for the elaboration of instructions.

1. The Commission may issue instructions for entities operating in the postal sector, which shall be binding once published in the Official Gazette of the State.

2. The instructions shall be approved by the Board of the Rector, duly substantiated, and shall, where appropriate, be given prior to the entities holding the representation of the various interests at stake.

3. Where instructions of a general nature are given which may have a significant impact on the conditions of competition in the postal market, the Commission shall be obliged to request a report before the competent body for the defence of the postal market. competence.

Article 18. Inspector procedure.

1. The Commission will exercise its powers of inspection on all those activities covered by Law 24/1998 of 13 July, which are developed by postal operators.

2. The staff expressly authorized by the National Commission of the Postal Sector for the exercise of the inspection function shall have, in their acts of service or for the purpose of the acts, the consideration of agents of the authority and may require, through of the corresponding governmental authority, the support of the Corps and the State Security Forces.

The inspector's function shall be carried out by official staff seconded to the Commission.

3. The holders or persons responsible for the postal services shall be obliged to provide the staff of the inspection, in the exercise of their duties, with access to their facilities, to the elements affected by their services or activities, and to the number of documents are required to keep.

4. The staff responsible for the inspection shall draw up the minutes of their actions, in which they shall state:

a) The name and last name of the person to whom it is extended and the character or representation with which it appears.

b) The description of the facts to which it affects.

c) The compliance or disconformity of the subject inspected with the facts that are imputed to it.

The extended acts shall be of a public nature and shall provide proof, unless otherwise proven, of the facts that motivate their formalisation.

Article 19. Sanctioning procedure.

1. The Commission shall exercise its power of sanction in relation to the infringements covered by Title V of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of Postal Services.

2. The competence for the instruction of the sanctioning procedure shall be the responsibility of the officials of the Commission's inspection service and the decision of the President of the Council, in the case of minor infringements and the plenary session, in the case of serious and very serious infringements.

3. The procedure for the exercise of the sanctioning authority shall be governed by the provisions of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of Postal Services, in Law 30/1992, of 26 November, of Regime Legal of the Public Administrations and of the Common Administrative Procedure and Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the exercise of sanctioning power.

4. The decision of the procedure shall terminate the administrative procedure and the administrative procedure may be brought against it.

Article 20. Arbitration of the Commission.

1. The National Commission of the Postal Sector will act as an arbitration body in the conflicts that the postal operators submit to it, under the regime established in Law 60/2003, of December 23, of Arbitration, whose rules will apply In the absence of this law or its implementing rules, it is not foreseen.

2. The arbitration function shall not have a public character and shall be free of charge, except for costs incurred in the practice of the tests.

3. The procedure, which shall be governed by royal decree, shall be in accordance with the principles of equality between the parties, the hearing and the contradiction.

Additional disposition first. Constitution of the Governing Council.

Within six months of the entry into force of this Law, the Government will appoint the President and the councilors, the constituent session of the Rector Council will be held and the entry into operation of the National Postal Sector Commission.

Additional provision second. Incorporation of staff from the Ministry of Public Works.

For the purposes of the provisions of Article 8, the Order of the Minister of Public Works will determine the criteria and conditions for the performance of the staff at the service of the Ministry of Public Works. related to the regulation and inspection of postal services, they will be able to provide services in the National Commission of the Postal Sector.

These criteria will ensure, in any case, coverage of the needs of the service resulting from the transferred functions. Once the aforementioned needs have been guaranteed, the criteria set out in the Order of the Minister of Public Works will address the voluntary nature of the incorporation of the official staff of the Ministry of Public Works that will be able to provide services in the National Postal Sector Commission.

In any event, the criteria shall be established in such a way as to ensure that such personnel remain in the same administrative situation in their body or scale while retaining the age and grade they have, as well as their conditions. economic and social.

Additional provision third. Fee for the performance of economic activities in the postal sector.

The fee for the performance of economic activities in the postal sector will be 0.1881 percent of the total gross operating income obtained by the holder of an administrative authorization, as a result of the activities carried out under the scheme during the previous financial year.

Additional provision fourth.

Within one year of the Commission's entry into operation, the Commission shall establish an electronic seat in which all the reports made by the Commission for the fulfilment of its objectives and tasks shall be accessible and Those who provide for the Commission's Strategic Plan at any time, safeguarding, in any case, the confidentiality of data and information which might affect the commercial and industrial secrecy of operators and subject to the principles of principles official advertising, responsibility, quality, security, availability and accessibility.

First transient disposition. Sanctioning regime.

The sanctioning files initiated by the Ministry of Public Works under the provisions of Title V of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, shall, until the implementation of the Commission, deal with and resolve by the competent bodies of that department in accordance with the rules applicable prior to the commencement of the validity of this Act.

Second transient disposition. Continuity of functions of the Ministry of Public Works.

The functions that this law attributes to the National Commission of the Postal Sector will be performed by the Ministry of Public Works until the moment when, in accordance with the additional provision, its entry into operation.

Single repeal provision. Regulatory repeal.

The provisions of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, are repealed, contrary to the provisions of this Law, and in particular Articles 5.3, 5.6, 34, 35, 37.2 in its second paragraph and 47.

Final disposition first. Amendment of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services.

1. Article 8 of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of Postal Services is amended, which will be worded as follows:

" 1. All data relating to the beneficiaries of general and singular authorisations for the provision of postal services shall be registered in the General Register of postal service undertakings, which shall be determined by the Commission. National of the Postal Sector.

2. In any event, the registration in the Registry shall be a precondition and necessary for the provision of the relevant service, and its renewal shall be required to continue to carry out professional activities in the sector.

3. The renovation will take place every two years at the behest of the National Postal Sector Commission.

In case of no renewal of the registration within the set deadlines, the registration will be reduced to the corresponding company, which will be disabled for the provision of postal services.

4. The operation of the registration and the registration and renewal procedure shall be regulated. "

2. Article 10 (3) of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, is amended, which will be worded in the following terms:

" 3. For the purposes of this Law, the registration in the register governed by Article 53 of Law 16/1987 of 30 July of the Land Transport Management will have the equivalent of obtaining general authorization and will enable the the provision of postal services not included in the scope of the universal postal service.

Those who make use of the faculty provided for in the previous paragraph shall, however, apply for registration in the General Register of postal service providers. The registration shall be carried out immediately whenever the person concerned provides a certification of his registration in the General Register of carriers and companies of auxiliary and complementary activities of the transport and that he pays the fee corresponding to the registration in the General Register of postal service providers. "

3. Article 19 (1) (b) of Law 24/1998 of 13 July of the Universal Postal Service and of the Liberalization of Postal Services is amended to read as follows:

"(b) The exemption from all taxes on their activity related to the reserved services, except for the Company Tax."

Final disposition second. Amendment of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Paragraph 1 of the 10th additional provision of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State shall be amended as follows:

" 1. The National Securities Market Commission, the Nuclear Safety Council, the Public Ente RTVE, the Untransferred Universities, the Data Protection Agency, the Spanish Institute of Foreign Trade, the Consortium of the Special Area of the Canary Islands, The National Energy Commission, the Telecommunications Market Commission and the National Postal Sector Commission will be governed by their legislation specifically and in a way that is specifically covered by this Law. "

Final disposition third. Competence title.

This law is dictated by the provisions of article 149.1 21 of the Constitution, which attributes exclusive competence to the State in the field of postal and telecommunications.

Final disposition fourth. Regulatory development.

The Government and the Ministry of Public Works, within the scope of their respective competences, will approve the regulatory norms that are necessary for the development of this law.

Final disposition fifth. Entry into force.

This Law will enter into force on the day following its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 8 October 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO