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Order Pre/2213/2015, On 23 October, Which Published The Agreement Of The Council Of Ministers Of 23 October 2015, Amending The Agreement Of April 24, 2015, Which Lays Down Obligations Of Public Service To The Lent...

Original Language Title: Orden PRE/2213/2015, de 23 de octubre, por la que se publica el Acuerdo del Consejo de Ministros de 23 de octubre de 2015, por el que se modifica el Acuerdo de 24 de abril de 2015, por el que se establecen obligaciones de servicio público al prestado...

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TEXT

The Council of Ministers, at its meeting of 23 October 2015 and on a proposal from the Ministers of the Interior, Finance and Public Administrations and the Economy and Competitiveness, has adopted an Agreement amending the Agreement of 24 April 2015 establishing public service obligations to the universal postal service provider in the elections to be called during 2015.

Your publication is generally available as an attachment to this order.

Madrid, October 23, 2015. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ANNEX

Agreement of the Council of Ministers amending the Agreement of 24 April 2015 establishing public service obligations on the service provider of the Universal Postal Service in the elections to be held during the 2015

Law 43/2010 of 30 December 2010 on the universal postal service, on the rights of users and on the postal market, regulates the public service obligations entrusted to the public operator Correos State Telegrafos, S.A., as an operator designated by the State for the provision of the universal postal service. In particular, Article 22 (5), under the heading 'Principles and requirements of the provision of the universal postal service', provides that the Government may impose public service obligations on the operator of that service in order to safeguard the normal development of electoral processes, in accordance with the provisions of the rules governing the general election regime.

Order PRE/776/2015 of 29 April 2015 publishes the Agreement of the Council of Ministers of 24 April 2015 laying down public service obligations to the universal postal service provider in the elections which is convokes during 2015.

The Agreement collects the obligations deemed necessary for the normal development of electoral processes: vote by mail of voters resident in Spain, of resident voters absent and of voters temporarily absent, from the personnel of the boarded personnel, from the Armed Forces personnel, or in exceptional situations linked to the national defense, the internal personnel in prison centers, the shipments made by the Electoral Census Bureau, the collection of electoral documentation in the Messes and the submissions of electoral propaganda to make applications.

With regard to the electoral propaganda submissions, some clarifications should be made in the wording of the 10th paragraph of the Agreement, in order to clarify that the special postal tariff applies to the shipments made by each concurrent application to the electoral calls of each of the Chambers meeting certain requirements. It is specified that when the electoral propaganda submissions do not meet these requirements, the ordinary postal rates will apply to them.

The modification is also used to clarify the wording of the exhibition part, in order to specify how the cost of these services is calculated, calculation that should be directed to cover the actual cost of the services, which, it is therefore to be determined on the basis of the marginal costs and not the total costs of the universal postal service, since such services are provided on a regular basis but not on a permanent basis, without, therefore, being passed on they the overall cost of the universal postal service.

It is also specified that postal postal items of electoral propaganda must be referred as a letter, in order to fulfill the priority treatment they must have, in accordance with the provisions of Article 21.2 of Law 43/2010, of 30 December.

Finally, it is indicated that this agreement has the same scope as the agreement it modifies.

In its virtue, on the proposal of the Ministers of the Interior, of Finance and Public Administrations, and of Economy and Competitiveness, the Council of Ministers, at its meeting of 23 October 2015, agrees:

First. Amendment of the Council of Ministers Agreement of 24 April 2015 laying down public service obligations for the universal postal service provider in the elections to be called during 2015.

One. The tenth paragraph of the exhibition is worded as follows:

" For the compensation for the imposition of the public service obligations entrusted, it should be borne in mind that the costs of the electoral services cannot be calculated on the basis of the cost of the universal postal service and, therefore, the tariffs cannot reflect the size of the postal network, to lend themselves to them in an eventual way and consequently have no impact on this cost, thus resulting an affordable and cost-oriented tariff actual service. "

Two. Point 2 of the 10th paragraph is worded as follows:

" 2. In accordance with the provisions of the Ministerial Order of 3 May 1977 laying down the special postal rates for the consignments of electoral propaganda forms, the special postal tariff applicable to the party, federation, coalition or The pool will be EUR 0.006, corresponding to the payment of the rest of the amount up to the price of the postal service to the Ministry of the Interior. This special rate shall apply to postal items of electoral propaganda for each candidature that circulate on the national territory and also meet the following requirements:

(a) A sending by voter from each electoral constituency in which the concurrent candidacy is presented in each election call.

b) Up to 50 grams of weight.

Out of these limits, and in a differentiated manner, other electoral propaganda submissions may be made to which the ordinary postal rates will apply. "

Three. Point 3 of the second paragraph is worded as follows:

" 3. Postal items of electoral propaganda shall bear the inscription "Postal propaganda posts" or in any of the other official languages and may be opened or closed, in the central upper part of the front. maintaining the condition of direct advertising.

However, in order to fulfill the priority treatment they must have, they will be referred to as a letter, in accordance with Article 21.2 of Law 43/2010, of December 30.

It shall not be mandatory to enter the name and address of the sending political group on its cover, nor the symbol or symbol identifying it. "

Second. Scope of application.

The provisions of this Agreement have the same scope as the Agreement of the Council of Ministers of 24 April 2015 being amended.