Order Pre/385/2015, Of March 6, Which Is Published The Agreement Of The Council Of Ministers Of February 20, 2015, Is Establishing Public Service Obligations To The Provider Of The Universal Postal Service In The Elections To The Parliament...

Original Language Title: Orden PRE/385/2015, de 6 de marzo, por la que se publica el Acuerdo del Consejo de Ministros de 20 de febrero de 2015, por el que se establecen obligaciones de servicio público al prestador del servicio postal universal en las elecciones al Parlament...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2437

The Council of Ministers, at its meeting of 20 February 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 provider of the universal postal service in the elections to the Parliament of Andalusia.

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

Madrid, 6 March 2015.-the Vice-President of the Government and Minister of the Presidency, Soraya Sáenz de Santamaría Antón.

Annex agreement which lays down obligations of public service to the provider of the universal postal service in the elections to the Parliament of Andalusia from March 22, 2015 by Decree 1/2015, 26 January, the President of the Junta de Andalucía of dissolution of the Parliament of Andalusia and call for elections, published in the "Bulletin official of the Junta de Andalucía» of January 27 elections have been summoned to the Parliament of Andalusia, to be held on March 22, 2015.

It is, therefore, necessary to carry out all the precise actions for the celebration of this electoral process. 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. «Within the framework of the electoral process, article 22.5 of this law provides that: "the Government may impose on the operator appointed to provide the universal postal service obligations of public service, where so require reasons of general interest or social or territorial cohesion, improvement of the quality of education and protection that is necessary to safeguard the normal development of the electoral processes, civil «, in accordance with the provisions of the rules governing the general electoral regime.» Also designates this article that 'the imposition of additional obligations of public service shall be subject to 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 of the Constitution, only the national Government can impose these obligations the postal operator that the universal postal service has entrusted to safeguard the normal development of the electoral process. Therefore, approves the agreement laying down the public service obligations imposed on the postal operator Correos y Telégrafos S.A., obligations that relate, primarily, to the vote by mail voters resident in Spain, from absent resident voters and electors temporarily absent, of onboard staff, embarked personnel of the armed forces or in exceptional situations related to the national defense personal inner in prisons, to shipments 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.

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 February 20, 2015, agrees: first. Object.

By virtue of the provisions of article 22.5 of law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market, is entrusted to the State company Correos y Telégrafos, S.A (in later post), in his capacity as designated operator to provide the universal postal service, the public service obligations necessary to safeguard the normal development of the elections to the Parliament of Andalusia held the March 22, 2015.

Such services shall be, in General, between the day in which published the Decree of convocation of the corresponding election and one hundred days laid down for the holding of the vote.

Second. Voting by mail for electors resident in Spain.

The obligations of public service in connection with the 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 General Electoral regime: to) the sunset provision and subsequent admission of the application forms of the vote by mail, in accordance with the provisions of 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 paragraph 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 mail certified and urgent as laid down by article 73.2 of the organic law 5/1985, of 19 June.

(d) the receipt of the electoral documentation sent by the elector by mail certified and urgent as laid down by article 73.3 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 provisions of article 73.4 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 as laid down by article 75.1 of the organic law 5/1985 , 19 June.

(b) delivery of requests by the electors to delegations provincial of the Bureau of the Census Electoral as laid down by article 75.1 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 as laid down in paragraphs 2 and 3 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 article 75.8 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 the provisions of paragraphs 1 and 2 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, in accordance with article 5.4 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 article 5.4 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.

Sixth. 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) receipt of the documentation submitted by the voter by registered mail and delivery of the electoral documentation to the polling station.

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) personal delivery to the voter of the documentation sent by the Office of the Electoral Census.

(c) the receipt of the electoral documentation sent by the elector by mail certified and urgent.

(d) delivery of voting in polling stations for the day of the vote.

Eighth. Other submissions made by the Office of the Electoral Census.

Post will be the delivery of the following submission by the Office of the Electoral Census: to) send to the voters of the registration cards.

(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 changes of local electoral voters.

(e) delivery of the census to the local electoral lists.

Ninth. Collection of the electoral documentation in the table.

During election day post should collect in polling stations, envelope or envelopes that containing electoral documentation will have to be taken the next day to the corresponding electoral board, pursuant to article 102 of the organic law 5/1985, of 19 June.

Tenth. Shipments of electoral propaganda.

1 post will perform mailings of electoral propaganda of the parties and federations registered in the corresponding register, formed coalitions as provided for in article 44.2 of the organic law 5/1985, June 19, and groups of electors, in the terms provided for in article 12 of Royal Decree 605/1999 of 16 April.

2. in accordance with the provisions of the Ministerial order of 3 May 1977 laying down the postal rates for shipments of printed matters of electoral propaganda, the special postal rate applicable to the party, Federation, 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 which fulfil the following conditions: to) a shipment by voters in each constituency in which occurs the corresponding candidacy.

(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.

Tenth first. Specific conditions of the service.

1 post shall grant preferential character within its category, to the management and distribution of electoral shipments compared to the rest of postal items.

2. voters deposited their electoral shipments in post offices at the times set out in each of them for admission.

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 the electoral boards of the envelopes containing electoral documentation to the voters within the national territory.

5 post offices will retain, until the same election day, any shipments aimed at polling stations, giving them nine hours of that day to the respective tables with corresponding formalities, according to its kind. Also, they will continue to transfer that that day, can receive up to twenty hours of the same.

Tenth second. Specific conditions for the mailings of electoral propaganda.

1. the mailings of electoral propaganda will have the character of ordinary, and shall be deposited in the units of mass acceptance of the provider of the universal postal service in the province that are aimed, in the usual hours of the same.

They will be presented in separate remittances for the capital and 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, in order to meet the priority treatment should be should be referred 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.

4. these shipments are conditioned in such a way that they enable exercise to the universal postal service provider the power to act in accordance with the provisions of article 18 of the regulation which regulates the provision of postal services, approved by the Royal Decree of 1829 / 1999 of 3 December.

5. the deposit of shipments of electoral propaganda must be carried out during the period between days twenty-ninth and forty-second call for proposals, i.e. from February 25 and March 10, both inclusive.

Thirteenth. Cost and financing of entrusted public service obligations: to) 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.

(b) the total cost of postal services rendered pursuant to this agreement is estimated at 6,600,000 euros, taxes included. 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.

(c) the compensation shall be effective by the Ministry of the Interior once presented and formed the invoice issued by him. 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. In this respect, shall be equally valid alternative procedures of massive deposits. 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.
(d) the financing of the necessary postal services on the occasion of the elections subject to this agreement will 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.