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Order Pre/2365/2012, November 2, Which Is Published The Agreement Of The Council Of Ministers Of November 2, 2012, Is Establishing Public Service Obligations To The Provider Of The Universal Postal Service In The Elections To The Parl...

Original Language Title: Orden PRE/2365/2012, de 2 de noviembre, por la que se publica el Acuerdo de Consejo de Ministros de 2 de noviembre de 2012, por el que se establecen obligaciones de servicio público al prestador del servicio postal universal en las elecciones al Parl...

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TEXT

The Council of Ministers, at its meeting of 2 November 2012 and on a proposal from the Ministers of the Interior, Finance and Public Administrations and the Economy and Competitiveness, has adopted an Agreement establishing the public service obligations to the universal postal service provider in the elections to the Parliament of Catalonia.

For general knowledge, your publication is available as Anejo to this Order.

Madrid, November 2, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ATTACHED

Agreement of the Council of Ministers establishing Public Service obligations to the universal postal service provider in the elections to the Parliament of Catalonia

By Decree 104/2012, of October 1, of the call of elections to the Parliament of Catalonia and its dissolution, published in the "Official Journal of the Generality of Catalonia" of October 2, 2012, have been convened elections to the Parliament of Catalonia that will take place on 25 November 2012.

Law 43/2010 of 30 December 2010 on the universal postal service, on the rights of users and on the postal market, contains the regulation of the universal postal service and the other public service obligations which are entrusts the public operator Correos y Telegrafos, S.A. as an operator designated by the State for the provision of those services.

In the context of the electoral processes, Article 22 (5) of this Law provides that: " The Government may impose on the designated operator to provide the universal postal service with other public service obligations, where they so require. reasons of general interest or of social or territorial cohesion, improvement of the quality of education and civil protection, or is necessary to safeguard the normal development of electoral processes, in accordance with the provisions of the regulates the general election regime. "

Therefore, in accordance with Article 22.5 of Law 43/2010 of 30 December 2010, and under the exclusive competence attributed to the State in postal matters in Article 149.1.21 of the Spanish Constitution, only the Government of the A nation may impose these obligations on the postal operator entrusted with the universal postal service in order to safeguard the normal development of electoral processes. This Agreement establishes the public service obligations imposed on the postal operator Correos and Telegrafos, S. A, obligations which relate, in particular, to the postal vote of the voters resident in the postal sector. Spain, of the resident voters absent and of the voters temporarily absent. In addition, other actions provided for in the electoral regulations are imposed, such as the sending of the census cards or the collection of the corresponding documentation during the election day. Likewise, and since it is the responsibility of the Generality of Catalonia to send postal propaganda, the obligations that the Government, at the request of the Government in its capacity of public power, impose, are established. also to the universal postal service provider to safeguard the normal development of electoral processes.

The specific conditions for the exercise, the determination of the priority treatment of the electoral shipments and the management of postal items of electoral propaganda, among other issues, are defined in the Annex. which accompanies this Agreement in order to achieve due effectiveness in the performance of the State Post and Telegraph Society.

Furthermore, this Agreement provides for the compensation resulting from the imposition of public service obligations in accordance with those provided for in Article 22.5 of Law 43/2010. Such compensation shall be financed by the State, with the exception of the compensation for the electoral propaganda items referred to in paragraph 10 of the Agreement, which is assumed by the Autonomous Community of Catalonia.

In this way, the amount of compensation financed by the State will not exceed the amount of 2,200,000 € taxes included. For its part, the amount of compensation financed by the Generality of Catalonia will not exceed the amount of 5,671,199,36 € taxes included. This compensation is based on the maximum amount communicated by the latter, depending on the number of submissions that will be made by the candidates to be submitted on the occasion of the electoral process that will take place on November 25, 2012.

In its virtue, on the proposal of the Minister of the Interior, the Minister of Economy and Competitiveness and the Minister of Finance and Public Administrations, the Council of Ministers, at its meeting on November 2, 2012,

AGREEMENT

First. Object.

This Agreement is the subject of this Agreement, pursuant to the provisions of the fifth paragraph of Article 22 of Law 43/2010, the imposition of the State Correos y Telegrafos, S. A (hereinafter referred to as the Post Office), as an operator designated to provide the universal postal service, the public service obligations necessary to safeguard the normal development of electoral processes.

Second. Vote by mail of voters resident in Spain.

The public service obligations in relation to the postal vote of voters resident in Spain relate to the following aspects, in accordance with the provisions of Articles 72 and 73 of the Organic Law 5/1985, June 19, General Election Regime:

(a) The admission of the application forms of the vote by mail in accordance with the provisions of Article 72 (a), (b) and (c).

(b) The delivery of the requests made by the voters to the Provincial Delegations of the Electoral Census Bureau, in accordance with the provisions of Article 72 (d).

c) Delivery to constituents of the electoral documentation submitted by the Electoral Census Bureau by registered post in accordance with the provisions of the second paragraph of Article 73.

(d) The receipt of the electoral documentation submitted by the voter by registered post in accordance with the provisions of the third paragraph of Article 73.

e) The delivery of the electoral documentation to the corresponding electoral bureau in accordance with the provisions of the fourth paragraph of Article 73.

Third. Absentee voting by absentee ballot.

The public service obligations in relation to absentee voting by absentee residents are, in accordance with the provisions of Article 75 of the Organic Law 5/1985, of 19 June:

(a) The submission of the application form submitted by the Electoral Census Bureau to the Spaniards registered in the Census of the resident voters absent in accordance with the provisions of the first paragraph of Article 75.

(b) The mailing by registered mail to the voters of the electoral documentation submitted by the Provincial Delegations of the Electoral Census Bureau in accordance with the provisions of the second and third paragraphs of the article 75.

(c) The collection and processing of the envelopes received at the Office of the Ministry of Foreign Affairs and Cooperation in accordance with the provisions of Article 75 (8).

Fourth. Vote by mail of voters temporarily absent.

The public service obligations in relation to the postal vote of the voters temporarily absent are, in accordance with the provisions of Articles 4 and 5 of Royal Decree 1621/2007, of 7 December 2007, for which regulates a voting procedure for Spanish citizens who are temporarily abroad:

(a) The submission to the interested party of the electoral documentation submitted by the Electoral Census Bureau by registered post in accordance with the first and second paragraphs of Article 4.

(b) The delivery to the Mesas of the electoral documentation, once received, in accordance with the provisions of Article 5 (4) of Royal Decree 1621/2007 of 7 December 2007. Post will keep a record of all this documentation. The envelopes received after the day set for the vote shall be forwarded to the Electoral Board of the Zone in accordance with the provisions of the fourth paragraph of Article 5 of the aforementioned Royal Decree.

Fifth. Vote by mail from boarded staff.

Post will make the delivery to the electoral tables of the electoral documentation sent by the voter by certified and urgent mail from any of the ports in which the vessel will attract according to the plan in the Article 9 (6) of Royal Decree 605/1999 of 16 April 1999.

Sixth. Vote of the Armed Forces personnel on board or in exceptional situations linked to the national defense.

The public service obligations regarding the vote of this staff refer to the following aspects:

a) Delivery to the Directorate General of Personnel of the Ministry of Defense of the electoral documentation submitted by the Provincial Delegation of the Office of the corresponding Electoral Census.

b) Delivery to the corresponding electoral tables of the electoral documentation received at the Ministry of Defense.

Seventh. Vote by mail from inmates in prison centers.

Public service obligations in relation to the postal vote of inmates in prison centers refer to the following aspects:

a) Admission to the Prison Centers of the application forms for enrollment in the Census.

b) I personally deliver to the voter of the electoral documentation sent by the Electoral Census Bureau.

c) The receipt of the electoral documentation submitted by the voter by registered mail.

d) Delivery of the electoral documentation at the corresponding polling stations on the day of the vote.

Eighth. Other submissions made by the Electoral Census Bureau.

a) Sending the census cards. The postal service will be distributed to the voters of the census cards sent by the Office of the Electoral Census in accordance with the provisions of the seventh paragraph of Article 39 of the Organic Law 5/1985 of 19 June.

b) Sending electoral lists of the census. The post will make the delivery to the Aymandos of the electoral lists by registered and urgent mail so that the voters can request their registration in the electoral census and, if necessary, make a complaint, in accordance with the provisions of the Article 39 (2) of the Organic Law 5/1985 of 19 June.

c) Notification of complaints about the rectification of the Census. Post will deliver to constituents by certified and urgent notification of the notification sent by the Provincial Delegations of the Electoral Census Bureau informing of the resolution adopted on each complaint filed, according to as provided for in the sixth paragraph of Article 39 of the Organic Law 5/1985 of 19 June.

d) Notification of change of electoral premises. Post will deliver to voters by ordinary mail of a communication with the new data of section, local and electoral table when some of them have suffered a modification after the sending of the census cards, according to the provisions of Article 39 (7) of the Organic Law 5/1985 of 19 June.

e) Sending voting lists. Post will deliver to the Aymandas of the electoral lists by registered and urgent mail to be used on the day of the vote.

The shipments referred to in paragraphs (b), (c), (d) and (e) shall be understood as long as they have not been able to be carried out by telematics.

Ninth. Other public service performances.

Collection of the electoral documentation in the Bureau. During the election day, and pursuant to Article 102 of the Organic Law 5/1985, of June 19, Correos shall collect on the electoral tables the envelope or envelopes which, containing electoral documentation, shall be submitted the day after the corresponding Electoral Board.

10th. Other public service obligations imposed by the Government, at the request of the Generality of Catalonia as responsible for the electoral process, to safeguard its normal development.

Postal mailings for election propaganda. The post will carry out the post of electoral propaganda of the parties and federations registered in the Register of Political Parties, of the coalitions constituted according to the second paragraph of Article 44 of the Organic Law. 5/1985, of 19 June, and of the groups of electors, provided that they meet the requirements laid down in the special provisions of that Law, in the terms provided for in Article 12 of Royal Decree 605/1999 of 16 April 1999. The Generality of Catalonia shall compensate for a consignment by elector of each electoral constituency in which the corresponding candidature of up to 50 grams of weight is presented.

11th. Specific conditions for the provision of the service.

In Annex to this Agreement, the necessary conditions and guarantees of the universal postal service provider are determined in order to safeguard the normal development of the electoral processes to be held on November 25 of 2012.

12th. Compensation for the imposition of public service obligations.

(a) The compensation for the imposition of public service obligations under this agreement shall be carried out by credit 16.01.924M.227.05 "Electoral Processes and Popular Consultations", including the amount in the Electoral budget to be approved together with the Economic and Administrative Instructions by the Ministry of the Interior, prior to the favorable report of the Delegate Intervention in the Department, in accordance with the provisions of the Royal Decree The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice In December, the General Budget of the State for 1992, on special procedure for the management of electoral expenses. This compensation does not include the one deriving from the obligations imposed on the Post Office concerning postal items of electoral propaganda which will be exclusively the responsibility of the Autonomous Community of Catalonia.

The amount of these postal services provided in compliance with this agreement shall in no case exceed the amount of 2,200,000 € (two million two hundred thousand euros) taxes included.

(b) The amount of postal services provided pursuant to this Agreement relating to postal items of electoral propaganda included in paragraph 10 of this Agreement shall in no case exceed the amount From 5.671.199,36 € taxes included (five million six hundred and seventy-one thousand hundred and ninety-nine euro with thirty-six cents)

ANNEX

Specific conditions for service delivery

One. Priority treatment of election submissions.

Post will give preferential status, within its category, to the management and distribution of the electoral shipments with respect to the other postal items.

Two. Vote by mail of voters resident in Spain.

For the greater effectiveness of the public service obligations entrusted to the Post Office in relation to postal voting, Correos will observe the following formalities:

2.1 Free, as certified and urgent, of the shipments with electoral documentation.-They will be free of charge and will be compulsorily circulated by registered and urgent mail, the following shipments:

(a) The application for the certificate of registration in the Electoral Census addressed to the Provincial Delegation of the corresponding Electoral Census Bureau, presented by the voters in any post office in Spain.

(b) The envelopes containing electoral documentation to be sent by the Provincial Delegations of the Electoral Census Bureau to the voters within the national territory.

(c) The official model for the Electoral Board, containing the certificate of registration and the envelope or the ballot envelopes, presented by the voters in any post office in Spain.

d) The envelopes containing electoral documents that refer the Electoral Boards to the voters within the national territory.

2.2 Admission of the application for the certificate of registration in the electoral census.-The consignment containing the application of the certificate of registration in the Electoral Census, extended on the official form, will be presented in the offices of the Post in open, accompanied by the receipt of proof of admission. The postal worker who admits the consignment, stamps the stamp of dates, both in the header of the application and in the proof of the acceptance of the certified consignment, so that the name of the office, the place and, above all, the date.

When requested by the sender, the employee shall record the same circumstances of the consignment in the copy, photocopy or other reproduction of the main document provided by the person concerned.

Practiced the indicated steps, the interested party will close the envelope and the employee will formalize and deliver the tax shield, the matrix of which will be filed in the office.

2.3 Shipments of admission.-The deposit in the post offices, both of the application of the certificate of registration in the Electoral Census and of the official model, containing the certificate of registration and the on or the ballot envelopes, shall be carried out at the time of time established in each of them for admission.

2.4 Return on shipments deposited as ordinary.-The envelopes referred to in the previous paragraph which, adjusted to the official model, appear deposited as ordinary correspondence, shall be returned to the voters to carry out their referral by registered and urgent mail. In the front of the envelope it will be stated: " Return to the sender. You must submit this same envelope by certified and urgent mail ".

Three. Absentee voting by absentee ballot.

The submission of the application form submitted by the Electoral Census Bureau to the Spanish registered in the Census of the absent resident voters will be submitted as ordinary, and free of charge.

The shipments containing electoral documentation that the Provincial Delegations of the Electoral Census Bureau refer to the Spanish registered in the Census of the absentee resident voters who live abroad, and that have made a request for a vote, shall be issued as a certificate and as a matter of urgency, and free of charge.

Four. Vote by mail of voters temporarily absent.

Shipments containing electoral documentation that the Provincial Delegations of the Electoral Census Bureau refer to temporarily absent voters will be submitted as a certificate and as a matter of urgency, and free of charge.

The official model, containing the registration certificate and the envelope or the ballot envelopes, which the voter directs to the Electoral Table that corresponds to it, will be sent by registered and urgent mail.

To the voters who take part in this voting procedure, the procedure will apply to allow the free vote by mail as provided for in Article 11 of Royal Decree 605/1999 of 16 April 1999. Complementary regulation of electoral processes.

Five. Vote by mail from boarded staff.

The shipments deposited by the Provincial Delegations of the Electoral Census Bureau, containing the electoral documentation, directed to a port of the national territory, will be submitted as certificate and urgent, and with character free.

The official model, containing the registration certificate and the envelope or the ballot envelopes, which the elector directs to the Electoral Table that corresponds to it, will be sent by registered and urgent mail, and free of charge, from any of the ports on which the vessel catches.

Six. Management of postal items of electoral propaganda.

Postal postal items of electoral propaganda whose management is entrusted to the Post Office shall be carried out in accordance with the following provisions:

6.1 Conditioning and treatment of postal items of electoral propaganda. -These shipments must bear in the central upper part of the front the inscription "Postal messages of electoral propaganda", which may be included, in addition, in any of the other official languages, and may be open or closed, maintaining the status of direct advertising. However, in order to comply with the priority treatment that they must have, postal items of electoral propaganda must be sent as a letter, in accordance with Article 21.2 of Law 43/2010, of December 30, of the postal service. universal, user rights and the postal market.

These shipments will be conditioned in such a way as to enable the Post Office to act in accordance with the provisions of Article 18 of the Regulation governing the provision of postal services, approved by the Royal Decree 1829/1999 of 3 December. The name and address of the sending political group is not required to be entered on its cover, nor is the symbol or symbol identifying it.

6.2 Deposit of postal items of electoral propaganda.-The deposit of the electoral propaganda submissions shall be made during the period from October 31 to November 12 inclusive.

Postal propaganda postal items will have the character of ordinary, and will be deposited in the Mass Admission Units of the province to which they will be directed, in the usual schedules of the same.

Such shipments will be presented in independent remittances for the capital and for the province, duly identified. They shall also be accompanied by their corresponding deposit order, in which the number of consignments addressed to the capital and the province, the name or symbol of the party to which they correspond and the signature of the person responsible for these purposes shall be detailed. as a photocopy of the document proving to have paid the corresponding postage.

Postal postal items of electoral propaganda shall be classified by postal codes, by populations and by streets, separated into packages or separate boxes for each of them, duly labeled.

In the case of deposits of unaddressed electoral propaganda shipments, they must be classified in packages or direct boxes in which the postal code or location where they are to be distributed is indicated. Also, at the time of admission, the corresponding albaran and a duplicate listing will be presented in which the number of shipments to be distributed in each postal code or locality is detailed.

The electoral propaganda submissions to which the special rate of election propaganda for which it does not apply shall be submitted separately.

6.3 Rates applicable to postal items of electoral propaganda. -Generality of Catalonia will compensate for an election of each electoral constituency in which the corresponding candidacy up to 50 grams of weight. In accordance with the provisions of Article 12.1 of Royal Decree 605/1999 of 16 April 1999 on supplementary regulation of electoral processes, the electoral propaganda sent by the political parties will apply to them. The provisions of the specific rules on postal charges for electoral propaganda, in particular the Order of 3 May 1977, processed in euro in accordance with the provisions of Law 46/1998 of 17 December on the introduction of the euro, agreement with the criteria maintained by the Central Electoral Board.

Outside of these limits, and in a differentiated manner, other electoral propaganda submissions may be sent to those that will apply the standard rates in force that correspond to the chosen product, not being therefore the special tariffs of the said Order of 3 May 1977, nor any compensation for the competent authorities in these electoral processes.

Seven. Franking of other electoral submissions.

The postage related to the electoral process that deposits the Aymunches regarding communications directed to members of the Electoral Tables will be mandatory.

Eight. Other obligations.

The Post Office will keep, until the 25th of November 2012, any shipments addressed to the Electoral Tables, giving them at nine hours of that day to the respective Messes with the formalities class, according to their class. You will also continue to transfer those that can be received on that day, up to twenty hours of the day.

Post will keep records of all documentation that will generate your participation in the electoral process, which will be available to the Electoral Boards.

Nine. Operating instructions.

By the State Company Correos y Telegrafos, S.A., the necessary measures will be taken to make their participation in the normal development of the electoral processes effective, in the terms provided for in this Annex.