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Order Pre/776/2015, On 29 April, Which Published 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 Convoq...

Original Language Title: Orden PRE/776/2015, de 29 de abril, por la que se publica el Acuerdo del Consejo de Ministros de 24 de abril de 2015, por el que se establecen obligaciones de servicio público al prestador del servicio postal universal en las elecciones que se convoq...

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TEXT

The Council of Ministers, at its meeting of 24 April 2015 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 be called during 2015.

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

Madrid, April 29, 2015. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ANNEX

Agreement establishing public service obligations to the Universal Postal Service provider in elections to be called during 2015

During the year 2015, several electoral processes are planned. In any case, on May 24, local and regional elections will be held in 14 Autonomous Communities, and before the end of the year elections will be held in the Cortes General.

It is therefore necessary to carry out all the necessary actions for the celebration of these electoral processes.

In this regard, Law 43/2010 of 30 December 2010 of the universal postal service, the rights of users and the postal market, contains the regulation of the universal postal service and the other service obligations the public operator Correos y Telegrafos, S.A. is entrusted in its capacity as an operator designated by the State for the provision of such 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. "

This article also states that "The imposition of additional public service obligations shall be subject to compensation." The State Post and Telegraph Society, the Company, in accordance with the additional provision of that law, has the status of an operator designated by the State for the provision of that service, which shall be governed by the principles of equity, non-discrimination, continuity, good faith, and adaptation to user needs.

Therefore, pursuant to 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 Constitution, only the Government of the Nation can impose these obligations on the postal operator entrusted with the universal postal service in order to safeguard the normal development of the electoral processes.

The convocation of successive electoral processes during the year 2015 entails the desirability of approving in a single Council of Ministers Agreement the public service obligations imposed on the postal operator Correos and Telegraphs S.A., obligations which relate, in essence, to the vote by mail of voters resident in Spain, of resident voters absent and of temporarily absent voters, of the staff of the Armed Forces personnel On board or in exceptional situations linked to national defence, personnel In prison, for the purposes of the Electoral Census Bureau, to the collection of the electoral documentation in the Mesas and to the postal postal items of electoral propaganda that the candidates are making.

The specific conditions for the provision of services are also included.

All without prejudice to the determination of the compensation corresponding to the service provider for each of them by means of the corresponding Agreement.

For the compensation for the imposition of the public service obligations entrusted it must be taken into account that the electoral services are not part of the universal postal service and as such, their rates cannot reflect The cost of sizing the postal network, to be provided in an eventual way and consequently not having any impact on this cost, thus resulting in an affordable rate and oriented to cover the costs of the service.

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 April 24, 2015, agrees:

First. Object.

By virtue of the provisions of Article 22.5 of Law 43/2010 of 30 December 2010, the State Correos and Telegrafos, S. A (hereinafter referred to as the Post Office), are entrusted in their capacity as the designated operator to provide the service. universal postal service, the public service obligations necessary to safeguard the normal development of the elections that are called during the year 2015, from the elections to be held on 24 May.

Such services shall be provided, as a general rule, between the day on which the Decree of call for elections is published and the 100 days following the date set for the holding of the vote.

Second. Vote by mail of voters resident in Spain.

The public service obligations in relation to vote by mail refer to the following actions, in accordance with the provisions of Articles 72 and 73 of the Organic Law 5/1985 of 19 June of the Electoral Regime General:

(a) The making available and subsequent admission of the application forms of the vote by mail in accordance with the provisions of paragraphs (a), (b) and (c) of Article 72 of the Organic Law 5/1985 of 19 June.

(b) The delivery of the applications made by the voters to the Provincial Delegations of the Electoral Census Bureau, as provided for in Article 72 (d) of the Organic Law 5/1985, of 19 June.

c) The delivery to the voters of the electoral documentation submitted by the Electoral Census Bureau by registered and urgent mail as provided for in the second paragraph of Article 73 of the Organic Law 5/1985, 19 of June.

d) The receipt of the electoral documentation submitted by the voter by registered and urgent mail in accordance with the provisions of the third paragraph of Article 73 of the Organic Law 5/1985 of 19 June.

e) The delivery of the electoral documentation that the voter sends to the corresponding electoral bureau in accordance with the provisions of the fourth paragraph of article 73 of the Organic Law 5/1985, of June 19, and the delivery to the boards the competent electoral authority of the documentation received after 20 hours of the day of the vote.

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, the following:

(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 of the Law Organic 5/1985, June 19.

b) Delivery of the requests made by the voters to the Provincial Delegations of the Electoral Census Bureau in accordance with the provisions of the first paragraph of Article 75 of the Organic Law 5/1985, 19 of June.

c) Sent by certified and urgent 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 of the Organic Law 5/1985 of 19 June.

(d) 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) of the Organic Law 5/1985 of 19 June.

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, the following:

a) I send to the interested party of the electoral documentation submitted by the Provincial Delegations of the Electoral Census Bureau by registered and urgent mail in accordance with the provisions of the first and second sections of the Article 4 of Royal Decree 1621/2007 of 7 December 2007.

b) Delivery to the electoral tables of the voting documentation, once received, in accordance with the fourth paragraph of Article 5 of Royal Decree 1621/2007 of 7 December 2007. The envelopes received after the day set for the vote shall be sent to the corresponding electoral board in accordance with the fourth paragraph of Article 5 of Royal Decree 1621/2007 of 7 December 2007.

Fifth. Vote by mail from embarked staff

Post will make the delivery to the electoral tables of the documentation sent by the voter by certified and urgent mail from any of the ports in which the vessel will attract according to the provisions of Article 9 of the Royal Decree 605/1999 of 16 April 1999 on supplementary regulation of electoral processes.

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

The public service obligations in relation to the vote of the Armed Forces personnel on board or in exceptional situations linked to the national defense are:

a) Sent by registered and urgent mail to the Directorate General of Personnel of the Ministry of Defense of the electoral documentation submitted by the Delegation or Subdelegation of Defense in the corresponding Province, in coordination with the Provincial Delegation of the Electoral Census Bureau.

b) Reception of the documentation submitted by the voter by registered mail and delivery to the electoral bureau.

Seventh. Vote by mail from inmates in prison centers.

Public service obligations in relation to the postal vote of inmates in prison facilities are:

a) Delivery and admission to the Prison Centers of the application forms for registration in the Census.

b) Personal delivery to the voter of the documentation submitted by the Electoral Census Bureau.

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

d) Delivery of the vote in the corresponding electoral tables on the day of the vote.

Eighth. Other submissions made by the Electoral Census Bureau.

Post will deliver the following submissions made by the Electoral Census Bureau:

a) Sent voters to the census cards.

b) Sent to the Councils of the electoral lists of the census.

c) Notification to constituents of complaints about Census rectification.

d) Notifications to voters of local electoral changes.

e) Sending census lists to electoral premises.

Ninth. Collection of the electoral documentation at the Bureau.

During the election day, Correos will have to collect on the electoral tables the envelope or envelopes that, containing electoral documentation, will be submitted the following day to the corresponding electoral board. established in Article 102 of the Organic Law 5/1985 of 19 June.

10th. Election propaganda submissions.

1. Postal services shall carry out the post of electoral propaganda of the parties and federations registered in the corresponding Register, of the coalitions formed in accordance with the second paragraph of Article 44 of the Organic Law 5/1985, of 19 June, and of the groups of voters, in the terms provided for in Article 12 of Royal Decree 605/1999 of 16 April 1999.

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. Such special tariff shall apply to postal postal items of electoral propaganda circulating on the national territory and in addition to the following requirements:

(a) A per-voter dispatch from each electoral constituency in which the corresponding candidacy is submitted.

b) Up to 50 grams of weight.

Out of these limits, and in a differentiated manner, other electoral propaganda submissions may be made in accordance with the standard rates.

13th. Specific conditions for the provision of the service.

1. The post will give preferential status to the management and distribution of the electoral shipments in respect of the rest of the postal items.

2. Voters shall deposit their electoral submissions in the post offices at the time schedules established in each of them for admission. Postal employees in charge of household distribution in rural areas acting as ordinary mobile offices will also be allowed to accept these electoral consignments at times and at the usual points of passage, in accordance with the provisions of the provisions of the in Article 29.2 of the Regulation governing the provision of postal services, approved by Royal Decree No 1829/1999 of 3 December 1999.

3. Envelopes which, adjusted to the official model, are to be sent by registered and urgent mail in accordance with the following paragraph and which are deposited as consignments of ordinary correspondence shall be returned. 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 ".

4. They shall be free of charge to the sender and the following consignments shall be compulsorily forwarded by registered mail:

(a) Submissions by the Provincial Delegations of the Electoral Census Bureau of the envelopes containing electoral documentation that refer to the voters in and out of the national territory.

b) Send by the constituents of:

-The application of the certificate of registration in the Electoral Census addressed to the Provincial Delegation of the Electoral Census Bureau that they present in any post office in Spain.

The application shall be filed in the post office in open, accompanied by the receipt of proof of admission. The Post Office employee will stamp the dates, both in the application header and in the proof of receipt of the certificate, so that the name of the office, the place and, above all, the date is clearly stated.

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.

Finally, the interested party will close the envelope and the employee will formalize and deliver the enforcement stub, the matrix of which will be archived in the office.

-The official model on which the voter directs the corresponding electoral table, containing the registration certificate and the envelope or the ballot envelopes.

c) Envios by the electoral boards of the envelopes containing electoral documentation to the voters within the national territory.

5. The Post Office shall keep, until the same election day, any consignments addressed to the electoral tables, giving them at nine hours of that day to the respective Messes with the corresponding formalities, according to their class. They will also continue to transfer those that can be received that day, up to twenty hours of the day.

12th. Specific conditions for postal items of electoral propaganda.

1. Postal items of electoral propaganda shall be of the character of ordinary, and shall be deposited in the Mass Admission Units of the universal postal service provider of the province to which they are directed, in the usual schedules of the same.

They 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.

They must 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.

2. The election propaganda submissions to which the special electoral propaganda rate for which it is not applicable shall be submitted separately shall be submitted.

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 comply with the priority treatment they must have, they must be referred as a letter.

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.

4. Such consignments shall be conditioned in such a way as to enable the universal postal service provider to act in accordance with Article 18 of the Regulation governing the provision of postal services.

5. The deposit of the electoral propaganda submissions shall be made during the period between the twenty-ninth and the 42nd days following the call.

13th. Financing of the public service obligations entrusted to it.

1. The cost of the public service obligations entrusted to the Post Office and contained in this Agreement shall be the nature of the compensation in accordance with the provisions of Article 22.2 of Law 43/2010 of 30 December 2010.

2. In any event, the compensation will be determined by the application of the price of each of the activities that compose the public service actions to the final number of services performed by the Post Office.

3. The compensation shall be made effective by the Ministry of the Interior once the invoice issued by the Ministry of the Interior has been presented. The invoice shall reflect the number of consignments actually processed and services actually provided, always based on the total number of duly justified albarans, which bear each of the deliveries of electoral documentation. In this respect, alternative mass deposit procedures will also be valid. The invoice shall also include details of the bodies which have made the consignments and, in the case of consignments of electoral propaganda, the number of consignments which each party, federation, coalition or group has carried out shall be indicated.

4. The financing of the postal services necessary for the elections covered by this Agreement shall be carried out by credit 16.01.924M.227.05 "Electoral Processes and Popular Consultations", which has the consideration of credit extensible as set out in Annex II of Law 36/2014 of 26 December 2015 on General State Budgets for 2015.

14th. Personal and material resources required.

1. Post will provide an adequate sizing of personal and material means for the correct fulfilment of the obligations imposed on this Agreement.

2. Where circumstances beyond the approval of this Agreement which could compromise the proper fulfilment of those obligations were produced, the Ministry of the Interior shall, in the field of its powers, adopt the appropriate measures to ensure that they are implemented.