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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11434

The Council of Ministers, at its meeting of 23 October 2015, and on the proposal of the Ministers of the Interior, finance and public administration and economy and competitiveness, has adopted an agreement amending the agreement of April 24, 2015, is establishing public service obligations to the provider of the universal postal service in the elections is inviting for 2015.

For general knowledge publication is available as an annex to this order.

Madrid, 23 October 2015.-the Vice-President of the Government and Minister of the Presidency, Soraya Sáenz de Santamaría Antón.

Annex agreement of the Council of Ministers amending the agreement of April 24, 2015, is establishing public service obligations to the provider of the Universal Postal Service in the elections is inviting for 2015 the law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market It regulates the public service obligations entrusted to the public operator society State Correos y Telégrafos, S.A., in its capacity as operator designated by the State for the provision of the universal postal service. In particular, article 22.5, under the heading "Principles and requirements for the provision of the universal postal service", provides that the Government may impose on the operator of that service public service obligations to safeguard the normal development of the electoral process, in accordance with the provisions of the rules governing the general electoral regime.

The order PRE/776/2015, 29 April publishes the agreement of the Council of Ministers of April 24, 2015, is establishing public service obligations to the provider of the universal postal service in the elections is inviting for 2015.

The agreement contains obligations considered as necessary for the normal development of the elections: voting by mail for electors resident in Spain, from absent resident voters and electors temporarily absent, of the on-board staff, embarked personnel of the armed forces or in exceptional situations related to national defense, of internal staff in correctional facilities, shipments made by the Office of the Electoral Census the electoral documentation in the tables collection and shipments of electoral propaganda making nominations.

With regard to shipments of electoral propaganda, it proceeds to make clarifications to the wording of paragraph tenth of the agreement, in order to clarify that the special postal rate applies to shipments made by each candidacy concurrent calls election of each of the cameras that meet certain requirements. Specify when shipments of electoral propaganda do not meet such requirements, they shall them apply ordinary rates of post.

Also the modification is used to clarify the wording of the descriptive part, in order to specify the mode of calculating the cost of these services, which go to cover the actual cost thereof, which, therefore, has to be determined according to the marginal costs and not the total costs of the universal postal service, since such services regularly, but not in a permanent way , while appropriate, because they affect the overall cost of the universal postal service.

Also specifies that the mailings of electoral propaganda must be sent as letter, in order to meet the priority treatment to be taken, in accordance with article 21.2 of law 43/2010 of 30 December.

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

By virtue, on the proposal of the Ministers of the Interior, finance and public administration, and Economics and competitiveness, the Council of Ministers, at its meeting of October 23, 2015, agrees: first. Modification of the agreement of the Council of Ministers of April 24, 2015, is establishing public service obligations to the provider of the universal postal service in the elections is inviting for 2015.

One. The tenth paragraph of the descriptive part is worded as follows: «for compensation for the imposition of public service obligations entrusted must be considered that costs of electoral services not can be calculated based on the cost of the postal service universal and, therefore, the rates may not reflect the sizing of the postal network» by providing them in any way and as a result do not have any impact on this cost, thus resulting an oriented and affordable fee to cover the actual costs of the service.

Two. Point 2 of the tenth paragraph is worded as follows: "2. in accordance with the provisions of the Ministerial order of 3 May 1977 that are fixed postal rates for shipments of printed matters of electoral propaganda, the special postal rate applicable to Federation, party, coalition or grouping is 0.006 euros, corresponding to the payment of the remaining amount to the price of the postal service to the Ministry of the Interior." This special rate will apply to the mailings of electoral propaganda of each bid that circulate through the national territory and in addition meet the following requirements: to) a shipment by voters in each constituency that concurrent candidacy is present in every election call.

(b) up to 50 grams of weight.

Outside these limits, and in a differentiated way, other shipments of electoral propaganda may be will to apply the ordinary rates of post."

3. Section 3 of the twelfth paragraph is worded as follows: ' 3. the mailings of electoral propaganda should be at the top center of the obverse inscription "Mailings of electoral propaganda", or any of the other official languages and may be presented open or closed, keeping the condition of direct advertising.»

However, in order to meet the priority treatment to be, they shall be sent as a letter, in accordance with article 21.2 of law 43/2010 of 30 December.

It will not be compulsory to indicate on its cover the name and address of the sender group, nor the acronym or symbol that identifies it."

Second. Scope of application.

The provisions in this agreement has the same scope as the agreement of the Council of Ministers of 24 April 2015 to be amended.