Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4784
The Council of Ministers, at its meeting of April 24, 2015 and on the proposal of the Ministers of the Interior, finance and public administration and economy and competitiveness, has adopted an agreement that establishing public service obligations to the universal postal service provider in elections is inviting for 2015.
For general knowledge publication is available as an annex to this order.
Madrid, 29 of April of 2015.-it Vice President of the Government and Minister of the Presidency, Soraya Saenz de Santamaria Anton.
ANNEX agreement that establishing public service obligations to the Universal Postal service provider in elections that will convene during 2015 during the year 2015 is provided for the convening of various electoral processes. In any case, local and regional or provincial elections in 14 autonomous communities 24 there will be, and before the end of the year would hold elections to the Cortes Generales.
Is, therefore, necessary to carry to out all them performances accurate for the celebration of these processes electoral.
In this sense, law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market, contains the regulation of the universal postal service and the other public service obligations entrusted to the public operator Correos y Telégrafos, S.A. in its capacity as operator designated by the State for the provision of such services.
In the frame of them processes electoral, the article 22.5 of this law provides that: «the Government may impose to the operator appointed to provide the service postal universal others obligations of service public, when so it require reasons of interest general or of cohesion social or territorial, improves of the quality of the education and protection civil, or necessary for safeguard the normal development of them processes electoral» «, of conformity with it provided in the normative that regulates the regime electoral general».
Points out also this article that "the imposition of obligations additional of service public should be object of compensation». The State company Correos y Telégrafos, joint stock company, according to the first additional provision of the law, has the status of operator designated by the State for the provision of such service, which shall be governed by the principles of equity, non-discrimination, continuity, good faith, and adaptation to the needs of the users.
Therefore, in accordance with article 22.5 of law 43/2010, of 30 December, and under the exclusive jurisdiction attributed to the postal State in article 149.1.21. ª of the Constitution, only the national Government can impose these obligations to the postal operator that the universal postal service has entrusted to safeguard the normal development of the electoral process.
The call of successive processes electoral during the year 2015 involves the convenience of approve in an only agreement of Council of Ministers them obligations of service public that is impose to the operator postal post and Telegraph S.A., obligations that is refer, fundamentally, to the vote by mail of voters resident in Spain, of voters resident absent and of voters temporarily absent embarked personnel, armed forces personnel embarked or in exceptional situations related to national defense, the staff in correctional facilities, to submissions made by the Office of the Electoral Census, the electoral tables documentation collection and the mailings of electoral propaganda making nominations.
Also includes specific conditions for the provision of services.
All this without prejudice of that through the corresponding agreement will determine the compensation that corresponds to the provider of the service by each one of them.
For compensation for the imposition of public service obligations mandated you must take into account that the electoral services is not part of the universal postal service and as such, their rates may not reflect the cost of sizing of the postal network, by providing them occasionally and consequently does not have any impact on this cost , resulting thus a rate affordable and geared to cover the costs of the service.
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 24 day of April 2015, agrees: first. Object.
Under it willing in the article 22.5 of it law 43 / 2010, of 30 of December, is entrusted to the society State post and telegraph, S.A (in forward post), in its quality of operator appointed to provide the service postal universal, them obligations of service public necessary for safeguard the normal development of them elections that is convene during the year 2015 , from the elections that will be held on 24 May.
Such services will have of lend is, with character general, between the day in which is publish the Decree of call of them elections corresponding and them one hundred days following to the set for the celebration of the vote.
Second. Voting by mail for electors resident in Spain.
((Them obligations of service public in relation to the vote by mail is refer to them following performances, of conformity with it planned in them articles 72 and 73 of the law organic 5 / 1985, of 19 of June, of the regime Electoral General: to) it put to disposal and later admission of them printed of request of the vote by mail in accordance with it planned in them paragraphs to) ((, b) and (c)) of article 72 of the organic law 5/1985, of 19 June.
b) delivery of requests by the electors to delegations provincials of the Office the Census election, in accordance with the provisions of subparagraph (d)) of article 72 of the organic law 5/1985, of 19 June.
(c) the delivery to the electors of the electoral documentation sent by the Office of the Electoral Census by certified and urgent mail in accordance with the provisions of the second paragraph of article 73 of the organic law 5/1985, of 19 June.
(d) the receipt of the electoral documentation sent by the voter certified and urgent mail in accordance with the third paragraph of article 73 of the organic law 5/1985, of 19 June.
(e) the provision of the electoral documentation to the elector sends to the corresponding polling station in accordance with the provisions of the fourth paragraph of article 73 of the organic law 5/1985, of 19 June, and the delivery to the competent electoral boards of the documentation received after the twenty hours of the day of the vote.
Third party. Vote by mail from absent resident voters.
The public service obligations in relation to the vote by mail of the absent resident voters are, in accordance with the provisions of article 75 of the organic law 5/1985, of 19 June, as follows: to) the sending of the application form submitted by the Office of the Electoral Census Spaniards registered on the Census of absent residents voters in accordance with the provisions of the paragraph first of article 75 of the law Organic 5/1985, of 19 June.
(b) delivery of requests by the electors to delegations provincial of the Office of the Census election in accordance with the provisions of the paragraph first of article 75 of the organic law 5/1985, of 19 June.
(c) shipping by certified and urgent mail to the electors of the electoral documentation sent by delegations provincial of the Office of the Census election in accordance with the provisions of the second and third paragraphs of article 75 of the organic law 5/1985, of 19 June.
(d) collection and processing of the envelopes received in the Office of the Ministry of Foreign Affairs and cooperation in accordance with the eighth paragraph of article 75 of the organic law 5/1985, of 19 June.
Room. Voting by mail for electors temporarily absent.
The public service obligations in relation to the voting by mail for electors temporarily absent are, in accordance with the provisions of articles 4 and 5 of the Royal Decree 1621 / 2007, of December 7, which regulates a voting procedure for Spanish citizens who are temporarily abroad, the following: to) send the person concerned of the electoral documentation sent by the delegations provincials of the Office of Electoral Census by certified and urgent mail in accordance with sections first and second of article 4 of the Royal Decree 1621 / 2007 of 7 December.
(b) delivered to the polling stations of the documentation of the vote, once received, pursuant to the fourth paragraph of article 5 of the Royal Decree 1621 / 2007 of 7 December. Envelopes received after the day fixed for the vote will be sent to the corresponding electoral board in accordance with the fourth paragraph of article 5 of the Royal Decree 1621 / 2007 of 7 December.
Fifth. Vote by mail of the on-board staff post will be delivery to polling stations from the documentation sent by the voter certified and urgent mail from any of the ports that the ship dock as laid down in article 9 of the Royal Decree 605/1999, 16 April, complementary regulation of electoral processes.
6th. Vote embarked personnel of the armed forces or in exceptional situations related to national defense.
The public service obligations in connection with the vote of embarked personnel of the armed forces or in exceptional circumstances linked with national defense are: to) send by urgent certified mail to the direction General of staff of the Ministry of Defense of the electoral documentation sent by delegation or subdelegation in defense in the corresponding province, in coordination with the Provincial delegation of the Electoral Census Office.
(b) reception of the documentation submitted by the elector by mail certified and delivered to the table electoral.
Seventh. Vote by mail of inmates in prisons.
The public service obligations in connection with the vote-by-mail of inmates in correctional facilities are: a) delivery and intake in the prisons of the application for registration in the census forms.
(b) delivery personal to the elector of the documentation submitted by the Office of the Census election.
(c) the receipt of the electoral documentation sent by the elector by mail certified and urgent.
(d) delivery of the vote in those tables electoral corresponding the day of the vote.
Eighth. Other submissions made by the Office of the Census Electoral.
(Post held the delivery of them following shipments made by the Office of the Census Electoral: to) send to them voters of them cards census.
(b) shipping to local councils in the electoral lists of the Census inquiry.
(c) notification to the electors of the rectification of census claims.
(d) notifications to the voters of changes of local election.
(e) delivery of the census to the local electoral lists.
Ninth. Collection of the electoral documentation in the table.
During the day electoral, post must collect in them tables electoral the on or envelopes that, containing documentation electoral, will have of be completed the day following to the Board electoral corresponding, under it established in the article 102 of the law organic 5 / 1985, of 19 of June.
Tenth. Shipments of electoral propaganda.
1. post held them shipments postal of propaganda electoral of them parties and federations registered in the record corresponding, of them coalitions constituted according to it willing in the paragraph second of the article 44 of the law organic 5 / 1985, of 19 of June, and of them groups of voters, in them terms provided in the article 12 of the Real Decree 605 / 1999 , 16 April.
2. of conformity with it planned in the order Ministerial of 3 of mayo of 1977 by which is set them rates postal special for them shipments of printed of propaganda electoral, the rate postal special applicable to the party, Federation, coalition or grouping will be of 0.006 euros, corresponding the payment of the rest of the amount to reach the price of the service postal to the Ministry of the Interior. This special rate will apply to the mailings of electoral propaganda that circulate through the national territory and in addition meet the following requirements: to) a shipment by voters in each constituency in which occurs the corresponding bid.
(b) up to 50 grams of weight.
Outside these limits, and in a differentiated way, may be other shipments of electoral propaganda in accordance with the standard rates.
Eleventh. Specific conditions of the service.
1. post grant character preferential, within its category, to the management and distribution of them shipping electoral respect to the rest of shipments postal.
2. voters deposited their electoral shipments in post offices at the times set out in each of them for admission. Postal employees responsible for the cast House in rural areas that act as ordinary as mobile offices also accepted these shipments electoral timetables and points used in passing, in accordance with the provisions of article 29.2 of the regulation which regulates the provision of postal services, approved by the Royal Decree of 1829 / 1999 , 3 December.
Envelopes 3, adjusted to the official model, they must send by urgent certified mail in accordance with the following section and are deposited as ordinary correspondence shipments will be returned. On the front of the envelope shall be recorded: "returned to sender. You must send this same envelope by certified and urgent mail».
4 will be free for the sender and will be compulsorily sent by mail certified and urgent the following submission: to) shipments by delegations provincials of the Bureau of the Census Electoral envelopes containing electoral documentation referred to voters inside and outside the national territory.
(b) shipments by the electors of:-the application for the certificate of registration on the Electoral Roll to the Provincial delegation of the Office of the Census Electoral showing at any branch of Correos in Spain.
The application shall be filed in post offices in accompanied by justifying your admission receipt open envelope. The post-office employee shall affix the stamp of dates, both in the header of the application and in supporting the admission of certified shipping guard, for the record clearly the name of the office, place and, above all, the date.
When the sender requests it, the employee shall keep the same circumstances of the shipping copy, photocopy or other reproduction of the main document which the interested party contribution.
Lastly, the person concerned will close the envelope and the employee will formalize and submit the receipt of taxation, whose matrix is filed at the office.
-The official model voter-led to the corresponding polling station, containing the registration certificate and envelope or voting envelopes.
(c) shipments by them together electoral of them envelopes containing documentation election to the voters within the territory national.
5. the offices of post will retain, until the same day electoral, any shipments directed to them tables electoral, delivering them to them nine hours of said day to them tables respective with them formalities corresponding, according to its class. Also, will continue giving transfer of which can receive is that day, until the twenty hours of the same.
Twelfth. Conditions specific to them shipping postal de propaganda electoral.
1. the shipments postal of propaganda electoral will have the character of ordinary, and is deposited in them units of admission massive of the provider of the service postal universal of the province to which go directed, in them schedules usual of them same.
Is present in remittances independent for the capital and for the province, properly identified. Also they must be accompanied by its corresponding receipt of deposit, in which the number of shipments to the capital and the province, the name or abbreviation of the party to which they relate and the firm responsible for these effects, as well as a photocopy of the document attesting to having made the payment of the corresponding postage will be presented.
They should go by postal codes, towns and streets, separated into properly labeled packages or boxes for each one of them, independent.
In the case concerned deposit of shipments of electoral propaganda without direction, should be classified in packages or direct boxes bearing the postal code or locality where it should be distributed. Similarly, at the time of admission is present corresponding packing slip and a listing in duplicate which detail the number of shipments to distribute in each postal code or locality.
2 will present separate shipments of electoral propaganda applies to the special rate of electoral propaganda which is not of application.
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, with the purpose of meet the treatment priority that must have must be forwarded as letter.
Not will be compulsory entered in its cover the name and domicile of the Group political sender, or nor the acronym or symbol that it identifies.
4. these shipments is conditioned so allow exercise to the provider of the service postal universal the Faculty of Act according to it established in the article 18 of the regulation by which is regulates the provision of those services postal.
5. the deposit of shipments of electoral propaganda must be done during the period between the twenty-ninth and forty-second call for proposals.
13th. Financing of public service obligations assigned.
1. the cost of the public service obligations entrusted to post and contained in this agreement will have the nature of compensation in accordance with the provisions of article 22.5 of law 43/2010 of 30 December.
2. in any case, the compensation will be determined by the application of the price of each one of the activities that make up the actions of public service to the final number of services performed by post.
3. the compensation is will be effective by the Ministry of the Interior a time presented and formed the invoice issued by that. The invoice will reflect the number of effectively treated shipments and services actually provided, always based on the total number of delivery notes, duly substantiated, that support each of the deliveries of electoral documentation. To this respect, will be equally valid those procedures alternative of deposits mass. Also on the invoice description should be detailed the agencies who have made shipments and, in the case of shipments of electoral propaganda, you must indicate the number of shipments carried out each game, Federation, coalition or group.
4. the financing of the necessary postal services on the occasion of the elections object of this agreement be held with charge to credit 16.01. 924 M. 227.05 'Election processes and popular consultations', which has the status of open-end credit as set out in annex II of the law 36/2014, of 26 December, the State budget by 2015.
Fourteenth. Personal media and materials required.
1. post will have a proper dimensioning of media personal and materials destined to the correct compliance of the obligations imposed in this agreement.
2. when any circumstances which have arisen subsequent to the approval of this agreement which might compromise the proper fulfilment of obligations, the Ministry of the Interior will boost and, in the field of its competences, shall take appropriate measures to ensure the execution of the same.
Search Translated Laws of Spain