LAW OF 2 JULY 1990 RELATING TO THE ORGANIZATION OF THE PUBLIC POSTAL AND TELECOMMUNICATIONS SERVICE
LexInter | August 12, 2003 | 0 Comments

LAW OF 2 JULY 1990 RELATING TO THE ORGANIZATION OF THE PUBLIC POSTAL AND TELECOMMUNICATIONS SERVICE

Article 1

As of January 1, 1991, two legal entities governed by public law placed under the supervision of the Minister responsible for post and telecommunications were created, which respectively took the names of La Poste and France Télécom and are hereinafter referred to as common name of public operator.

Article 1-1
Amended by Law 2003-290 2003-03-31 art. 1 JORF April 1, 2003.

1 – The legal entity of public law France Telecom mentioned in article 1 is transformed from December 31, 1996 into a national company called France Telecom, of which the State directly or indirectly holds more than half of the share capital.

This company is subject to the provisions of this law insofar as it concerns the public operator France Telecom and, insofar as they are not contrary to this law, to the legislative provisions applicable to public limited companies.

2 – The property, rights and obligations of the legal person governed by public law France Telecom are automatically transferred, as of December 31, 1996, to the national company France Telecom with the exception of those mentioned in the following paragraph. The assets of the public legal entity France Télécom falling within the public domain are declassified on the same date.

The property, rights and obligations of the legal person governed by public law France Telecom necessary for the public service missions of higher education in telecommunications are transferred to the State. An order of the ministers responsible for the economy, the budget and telecommunications determines the list of goods, rights and obligations in question.

The transfers mentioned in the two preceding paragraphs are made free of charge and do not give rise to compensation, the collection of duties or taxes, or the payment of salaries or fees.

The last paragraph of article 37 of law n ° 83-675 of July 26, 1983 relating to the democratization of the public sector is applicable to the national company France Telecom.

CHAPTER I: The missions of public operators.

Article 2
Modified by Ordinance 2000-1223 2000-12-14 art. 4 JORF December 16, 2000 in force January 1, 2001.

 

The purpose of La Poste is, according to the rules specific to each of its fields of activity, contained in particular in the Post and Telecommunications Code:

To ensure, in internal and international relations, the public service of postal items, which includes the universal postal service and, in this context, the public service of transport and distribution of the press benefiting from the specific regime provided for by the code post and telecommunications;

To ensure, in compliance with the rules of competition, any other service of collection, transport and distribution of postal items, objects and merchandise;

To offer, in compliance with competition rules, services relating to means of payment and transfer of funds, investment and savings products, asset management, home savings loans and to all insurance products. La Poste manages the postal check service and, on behalf of the State, the National Savings Bank in compliance with the provisions of the savings bank code.

Article 3

France Telecom’s object, according to the rules specific to each of its fields of activity, contained in particular in the Post and Telecommunications Code:

To ensure all public telecommunications services in internal and international relations and, in particular, to ensure access to telephone service to any person who requests it;

To establish, develop and operate the public networks necessary for the provision of these services and to ensure their connection with foreign networks;

To provide, in compliance with competition rules, all other telecommunications services, installations and networks, as well as to establish networks distributing sound or television broadcasting services by cable and to compete, through equity investments, the operation of these latter networks within the framework of the regulations in force.

Article 4

La Poste and France Telecom work together to promote and develop innovation and research in their sector of activity. They participate in the national effort of higher education in the fields of communication and electronics.

Article 5

La Poste and France Télécom contribute to the exercise of State missions in the area of ​​defense and public security.

Article 6

La Poste and France Telecom participate in the consultative bodies responsible for regional planning.

In this context, these operators can offer products and services that other administrations or public services are unable to deliver, after agreement with them.

La Poste may exercise, in accordance with the terms and conditions provided for in its specifications, service provision activities on behalf of third parties when these activities are compatible with the exercise of the missions set out in Article 2 of this law and allow La Poste to contribute to regional planning.

Article 7

Each public operator is authorized to exercise, in France and abroad, all activities which are directly or indirectly related to its purpose.

To this end, and under the conditions provided for in its specifications, it may create subsidiaries and take holdings in companies, groups or organizations having a related or complementary purpose.

Article 8
Amended by Law 99-533 1999-06-25 art. 19 JORF June 29, 1999.

 A specification approved by decree of the Council of State, after a reasoned and made public opinion of the commission established in article 35, fixes, for each public operator, his rights and obligations, the general framework within which his activities, the principles and procedures according to which its tariffs are set and the conditions of execution of the public services which it is responsible for providing.

It specifies in particular the conditions under which the following are insured:

Universal postal service;

The service of the whole of the national territory;

Equal treatment of users;

The quality and availability of the services offered;

Neutrality and confidentiality of services;

The operator’s participation in land use planning;

The operator’s contribution to the exercise of defense and public security missions.

The specifications specify the guarantees of fair remuneration for public service services provided by each operator, in particular, for La Poste, transport and distribution services for the press.

Article 9
Modified by Law 96-660 1996-07-26 art. 2 JORF July 27, 1996.

The activities of La Poste and France Telecom are part of a multi-year plan contract signed between the State and each public operator, under the conditions provided for by Law No. 82-653 of July 29, 1982 reforming planning.

Each contract determines the general objectives assigned to the public operator and to the group that it forms with its subsidiaries and the means to be implemented to achieve them. La Poste’s plan contract specifies in particular the overall financial framework, in particular in the area of ​​tariffs, investments, charges and rules for allocating results.

CHAPTER II: Governing bodies.

Article 10
Modified by Decree 94-724 1994-08-18 art. 13 JORF August 25, 1994.

La Poste has a board of directors which defines and conducts the general policy of the group, within the framework of the guidelines set by the Government.

La Poste’s board of directors is made up of twenty-one members:

Seven state representatives appointed by decree;

Seven personalities chosen for their skills, in particular representatives of national user associations, appointed by decree;

Seven elected staff representatives.

The functioning and the attributions of this board of directors are governed by the provisions of articles 7 to 13 of the law n ° 83-675 of July 26, 1983 relating to the democratization of the public sector, insofar as these provisions concern the companies concerned. to 1, 2 and 3 of article 1 of the same law.

Article 10-1
Created by Law 96-660 1996-07-26 art. 3 JORF July 27, 1996.

Articles 5 to 13 of the aforementioned law n ° 83-675 of July 26, 1983 are applicable to the board of directors of France Telecom, subject to the following provisions:

a) The board of directors of France Telecom is composed of twenty-one members;

b) For the application of article 5 of the aforementioned law n ° 83-675 of July 26, 1983, the representatives of each of the categories defined in 1 °, 2 ° and 3 ° of said article are seven in number;

c) As soon as the State no longer owns all of the share capital, representation of the other shareholders is ensured within the board of directors.

Article 11

The Chairman of the Board of Directors implements the policy defined by the Board and ensures the execution of its deliberations. He represents the public operator in all acts of civil life. He recruits and appoints to the posts of his services.

Article 12

The staff representatives on the boards of directors of La Poste and France Télécom are elected by the agents of each of these public operators and of their respective subsidiaries, under the conditions set out in Chapter II of Title II of Law No. 83- 675 of July 26, 1983, mentioned above, subject to the adaptations, specified by decree of the Council of State, which are made necessary by the statute of the personnel of public operators defined by articles 29 and 31 of this law.

Article 13

A decree in Council of State fixes the modalities of application of this chapter.

CHAPTER III: Management framework.

Article 14

Each public operator has financial autonomy, manages its assets and ensures the financial balance of its activities.

As such, it proceeds in particular to the preparation of its estimated income and expenditure statements and sets the level and structure of its staff.

It determines the nature and volume of its investments, assesses its financing needs and has its cash resources.

Article 15
Amended by Law 98-1266 1998-12-30 art. 126 JORF December 31, 1998.

 The accounts of each public operator obey the rules applicable to commercial enterprises. The special provisions provided for by laws n ° 84-148 of March 1, 1984 and n ° 85-11 of January 3, 1985 for public enterprises apply to La Poste and France Télécom.

Each public operator is subject to the control of auditors appointed by the Minister for the Economy and the Minister for Posts and Telecommunications.

The investment securities coming into use of the funds of the postal current accounts available to La Poste in application of the second paragraph of article 16 of this law are recognized in accordance with the accounting provisions applicable to credit institutions, under conditions defined by the accounting regulation committee.

Article 16
Amended by Law 98-1266 1998-12-30 art. 126 JORF December 31, 1998.

The Post Office is the only one authorized to issue postage stamps as well as all other postal fiduciary values.

As of January 1, 1999, La Poste has available funds from postal current accounts, with the exception of deposits from accountants and public administrators, in accordance with the terms defined in its specifications.

La Poste receives a mandate to ensure, in the name and on behalf of the State, the keeping of postal current accounts of accountants and public administrators, under conditions set by decree of the Council of State.

Article 17

For the performance of its missions, France Telecom benefits from the right to use the frequency bands or frequencies allocated or assigned before January 1, 1991 to the General Directorate of Telecommunications.

When allocating, reorganizing or withdrawing the frequency bands or frequencies for which the management is entrusted to him, the Minister in charge of Posts and Telecommunications gives priority to the requirements linked to the proper accomplishment of France Telecom’s public service missions.

CHAPTER IV: Taxation.

Article 18

Subject to the provisions of articles 19, 20 and 21 of this law, La Poste and France Télécom are subject to taxes and duties under the conditions provided for by article 1654 of the general tax code.

Article 19

Until January 1, 1994, La Poste and France Télécom are subject only to the taxes and duties actually borne by the State, on the date of publication of this law, on account of the activities transferred to public operators.

Until the same date, France Télécom’s contributions to the civilian research and development budget and in respect of the levy for the benefit of the general budget are fixed each year by the finance laws within the limit of an annual amount calculated by applying on a base, fixed for the year 1989 at 13,700 million francs, the index of variation in consumer prices recorded by the National Institute of Statistics and Economic Studies.

Article 20
Amended by Law 93-1352 1993-12-30 art. 42 JORF December 31, 1993 in force from September 1, 1994.

The provision of services and the delivery of goods ancillary to these services, with the exception of passenger transport, which are part of the public postal service provided by La Poste, are exempt from value added tax.

Article 21
Amended by Law 2002-1575 2002-12-30 art. 29 JORF December 31, 2002.

I. – La Poste and France Télécom are subject, from 1 January 1994 and at the location of their main establishment, to direct local taxes levied for the benefit of local communities and various establishments and organizations. These taxes are established and collected under the following conditions:

1 ° With regard to property taxes on built and non-built properties and taxes additional to these taxes, the tax bases are established in accordance with the provisions of articles 1380 to 1383, 1388, 1393, 1396, 1402 to 1406, 1415 and 1520 to 1528 of the general tax code.

2 ° With regard to professional tax:

a) The tax base is established in accordance with articles 1447, 1467 (1 °), 1467 A, 1469 (1 °, 2 ° and 3 °), 1472 A bis, 1478, paragraph I, and 1647 B sexies of the code general taxes.

From 1995, the tax base is reduced by half of the amount that exceeds the base of the previous year multiplied by the variation in consumer prices noted by the National Institute of Statistics and Economic Studies for the he reference year defined in article 1467 A of the general tax code.

b) The tax base is declared before May 1 of the year preceding that of taxation at the place of the main establishment.

3 ° La Poste’s tax bases are subject to an allowance equal to 85%. 100 of their amount, due to the constraints of serving the whole of the national territory and participation in regional planning which are imposed on this operator. The allowance does not give rise to compensation by the State.

The Government submits, before December 31, 1996, a report to Parliament outlining the constraints of service to the whole of the national territory and of participation in regional planning which are imposed on La Poste and the resulting charges for this. operator.

4 ° The rate applicable to the bases of property taxes and professional tax is, for each of these taxes, the national weighted average rate resulting from the rates applied the previous year by all local authorities, groups and establishments. and various bodies authorized to collect the proceeds of local direct taxes and their additional taxes.

5 ° The rules relating to the control, collection and litigation of local direct taxes as well as the provisions of article 1641 of the general tax code are applicable. However, for taxes paid by La Poste and France Télécom, the rate mentioned in paragraph I of this article is set at 1.4 p. 100 and the rates mentioned in paragraph II of the same article are fixed at 0.5%. 100.

6 ° The product of the contributions relating to the taxes referred to in the first paragraph above, less the portion of the contributions relating to the taxes mentioned in Articles 1520 and 1528 of the General Tax Code, is collected, in 1994, by the State which l ‘used in order to contribute to the financing of the revenue losses resulting from the application of article 6 of the finance law for 1987 (n ° 86-1317 of December 30, 1986).

For the following years, the product thus used evolves according to the index of variation in the price of household consumption as it emerges from the economic assumptions associated with the budget bill. When the income from the taxes referred to in the first paragraph is greater than the amount thus obtained, the difference is paid to the National Business Tax Equalization Fund referred to in Article 1648 A bis of the General Tax Code.

The fraction of the income from the taxes referred to in the first paragraph relating to the taxes mentioned in Articles 1520 and 1528 of the General Tax Code is distributed, according to criteria set by the local finance committee, between the municipalities or their public institutions for inter-municipal cooperation which have instituted these taxes and on whose territory La Poste and France Telecom establishments are located.

7 ° The tax bases relating to La Poste are not taken into account in determining the tax potential.

A decree in the Council of State fixes, as necessary, the conditions of application of this article, after consultation of the local finance committee.

II. – Paragraph II of article 1648 A bis of the general tax code is supplemented by a paragraph worded as follows:

4 The amount referred to in the second paragraph of 6 ° of article 21 of law n ° 90-568 of 2 July 1990 relating to the organization of the post and telecommunications service.

CHAPTER V: Constitution of the patrimony.

Article 22

The rights and obligations of the State attached to the services coming under the general direction of the post office and the general direction of telecommunications are automatically transferred respectively to La Poste and to France Télécom.

All real estate in the public or private domain of the State attached to the services coming under the general direction of the post office and the general direction of telecommunications, as well as the movable goods of these services, are transferred automatically and in full ownership to La Poste and France Telecom.

The Minister in charge of Posts and Telecommunications and the Minister in charge of the Economy and Finance draw up the list of goods necessary for the operation of the supervisory ministry which are not transferred to public operators and those used jointly by the central services or outside the ministry, which they distribute among the public operators.

All of the transfers provided for above are made free of charge and do not give rise to any payment of salaries or fees for the benefit of State employees, nor to any compensation or collection of duties or taxes.

Article 23
Amended by Law 2001-1168 2001-12-11 art. 22 JORF December 12, 2001.

La Poste’s real estate in its public domain is declassified. They can be freely managed and alienated under the conditions of common law.

When the conditions of the sale or contribution of a good compromise the proper performance by La Poste of the obligations of its specifications or of the commitments made within the framework of its planning contract, with regard, in particular, to the continuity of the public service and the regional planning policy, the State opposes the transfer or the contribution or subordinates their realization on the condition that they do not prejudice the good execution of the aforesaid obligations. To this end, La Poste sends the State all useful information and, in particular, the draft agreement with the assignee or recipient of the contribution.

In the event of non-compliance with the conditions provided for in the previous paragraph, the nullity of the transfer or the contribution may be requested by the State.

The specifications set the terms and conditions of the opposition mentioned in the second paragraph.

Article 23-1
Created by Law 96-660 1996-07-26 art. 4 JORF July 27, 1996.

When an element of telecommunications network infrastructure is necessary for the proper performance by France Telecom of the obligations of its specifications, and in particular for the continuity of public service, the State opposes its sale or contribution. or make the completion of the sale or contribution subject to the condition that they do not prejudice the proper performance of said obligations, taking into account in particular the rights granted to France Telecom in the agreement entered into with the assignee or recipient of the ‘bring.

France Telecom’s specifications set out the terms of the opposition procedure mentioned above which is prescribed under penalty of nullity of the transfer or contribution.

Article 24

A special commission chaired by a magistrate of the Court of Auditors and whose role and composition will be specified by joint decree of the Minister in charge of Posts and Telecommunications and the Minister in charge of the Economy and Finance will proceed, before the closing of the accounts. the 1991 financial year by the boards of directors, with the identification and final assessment of the assets and liabilities constituting the original patrimony of each operator.

On the basis of its conclusions, the Minister in charge of Posts and Telecommunications and the Minister in charge of the Economy and Finance will jointly determine the data for the final opening balance sheet on January 1, 1991 for La Poste and France Télécom.

CHAPTER VI: Relations with users, suppliers and third parties.

Article 25

The relations of La Poste and France Telecom with their users, their suppliers and third parties are governed by common law. The disputes to which they give rise are brought before the judicial courts, with the exception of those which, by their nature, come under administrative jurisdiction.

Article 26

The responsibility incurred by public operators towards their users by virtue of the provision of services remains engaged in accordance with the provisions of the Post and Telecommunications Code, subject to contractual stipulations more favorable to users and applicable to certain categories of services.

Article 27

The procedures for concluding and controlling contracts for each public operator are set by its board of directors, within the framework of the relevant provisions in the specifications and under conditions in accordance with the principles laid down in Article 25.

Article 28

La Poste and France Télécom have the power to transact and conclude arbitration agreements.

CHAPTER VII: Staff.

Article 29

The staff of La Poste and France Télécom are governed by special statutes, taken in application of law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants and of law n ° 84-16 of January 11, 1984 laying down statutory provisions relating to the State civil service, which include specific provisions under the conditions provided for in the following paragraphs.

The counterpart bodies of La Poste and France Télécom civil servants are governed by specific common statutes. These statutes define the conditions under which the agents of one of these bodies can be integrated, by simple mutation, into the homologous body reporting to the other public operator.

The provisions of article 10 of the aforementioned law n ° 84-16 of 11 January 1984 apply to all the bodies of civil servants of La Poste and France Telecom.

The staff of La Poste and France Telecom do not fall within the categories provided for in article 29 of the aforementioned law n ° 84-16 of January 11, 1984.

Officials of La Poste and France Télécom may be exceptionally placed, at their request, out of the position of activity in their corps, in order to perform functions specific to public operators provided for in the specifications, according to terms and conditions. fixed by decree in the Council of State.

Article 29-1
Created by Law 96-660 1996-07-26 art. 5 JORF July 27, 1996.

 

1. As of December 31, 1996, the bodies of France Telecom officials were attached to the national company France Telecom and placed under the authority of its chairman, who had the powers of appointment and management in their regard. The civil servants of the national company France Telecom remain subject to articles 29 and 30 of this law.

The national company France Telecom can proceed until January 1, 2002 with external recruitments of civil servants to serve with it in position of activity.

The national company France Telecom freely employs contractual agents under the regime of collective agreements.

2. In order to ensure the collective expression of the interests of the personnel, it is created with the President of France Telecom, by way of derogation from article 15 of law n ° 84-16 of January 11, 1984 on statutory provisions relating to the state civil service, a joint committee. This committee is informed and consulted in particular on the organization, management and general operation of the company as well as on questions relating to the recruitment of personnel and the draft specific statutes. This committee is chaired by the chairman of France Telecom or his representative. In addition to company representatives,

These two colleges distribute the seats reserved for staff representatives, taking into account the proportion of each of the two categories in the overall workforce of the national company. A Council of State decree specifies the powers and operating methods of this committee as well as its composition. It also specifies the cases in which the committee sits in full formation or in joint formation limited to one of the two colleges.

Article 30
Modified by Law 96-660 1996-07-26 art. 13 JORF July 27, 1996.

The active and retired staff of the ministry in charge of post and telecommunications and those of public operators falling under the general statute of State officials, as well as their dependents, benefit from benefits in kind from health, maternity and invalidity insurance, through the ‘intermediary of the general PTT mutual under the conditions provided for in Book III and in Chapter II of Title I of Book VII of the Social Security Code. However, the share of the contribution payable by the State under Article L. 712-9 is charged to public operators for their civil servants.

The payment and service of pensions allocated, in application of the civil and military retirement pensions code, to La Poste officials are carried out by the State. In return, the public operator is required to pay to the Public Treasury:

a) The amount of withholding from the staff member’s salary, the rate of which is set by Article L. 61 of the Civil and Military Retirement Pensions Code;

b) With regard to La Poste, an additional contribution allowing full coverage of the expenses of pensions granted and to be granted by their retired staff.

The charges resulting from the application to La Poste agents of the provisions of Article L. 134-1 of the Social Security Code are entirely the responsibility of the public operator.

A decree in the Council of State determines, as necessary, the conditions of application of these provisions.

c) With regard to the national company France Télécom, an employer contribution with full discharge, due from January 1, 1997, in proportion to the sums paid for salary subject to deduction for pension. The rate of the final contribution is calculated in such a way as to equalize the levels of compulsory social and fiscal charges based on salaries between France Telecom and other companies in the telecommunications sector falling under the common law of social benefits, for those risks that are common to common law employees and State officials. This rate may be revised in the event of a change in said charges. The terms of the determination and payment to the State of the employer’s contribution are fixed by decree of the Council of State;

d) At the charge of the national company France Telecom, an exceptional flat-rate contribution, the amount and payment methods of which will be fixed in the finance law before December 31, 1996.

Article 30a
Created by Law 91-1406 1991-12-31 art. 39 JORF January 4, 1992.

The provisions of Law No. 87-517 of July 10, 1987 in favor of the employment of disabled workers are applicable to La Poste and France Télécom.

Article 30-1
Created by Law 96-660 1996-07-26 art. 7 JORF July 27, 1996.

 

Until December 31, 2006, civil servants assigned to France Télécom on the date of promulgation of this law and aged at least fifty-five years, with the exception of employees eligible for a pension with immediate enjoyment under of 1 ° and 2 ° of I of Article L. 24 of the Civil and Military Retirement Pensions Code, may, at their request and subject to the interests of the service, benefit from end-of-career leave, if they have completed at least twenty-five years of service at France Télécom or in a service relating to the postal and telecommunications administration, which may be taken into account for the constitution of pension rights in application of article L 5 of the civil and military retirement pensions code.

In this case, the interested parties cannot reconsider the choice they have made. They are retired and removed from the executives at the end of the month of their sixtieth birthday.

During this end-of-career leave, they receive remuneration, paid monthly by France Telecom, equal to 70%. 100 of their full activity remuneration, made up of the gross index salary and the corresponding bonuses and allowances, at the time of their entry on end-of-career leave. This remuneration is subject to the contributions provided for by the provisions relating to social insurance and family benefits of the Social Security Code.

The period of end-of-career leave is taken into account for the constitution and settlement of pension rights. France Telecom pays the State, in respect of employees on end-of-career leave, a contribution of an amount equal to that which would have resulted from the application of the provisions of a and c of article 30 of this law if these officers had remained active full time.

A decree fixes, if necessary, the modalities of this article.

Article 31
Modified by Decree 94-724 1994-08-18 art. 13 JORF August 25, 1994.

 

When the particular requirements of the organization of certain services or the specific nature of certain functions justify it, La Poste may employ, under collective agreements, contractual agents, within the framework of the guidelines set by the planning contract.

The employment of agents subject to the collective agreements regime does not have the effect of making applicable to La Poste and France Télécom the provisions of the labor code relating to works councils. A decree issued by the Council of State determines the conditions under which La Poste agents are represented in consultation bodies responsible for ensuring the collective expression of their interests, in particular with regard to the organization of services, working conditions and occupational hazard.

Article 31-1
Created by Law 96-660 1996-07-26 art. 8 JORF July 27, 1996.

 

1. France Telecom seeks through negotiation and consultation the conclusion of agreements with trade unions, particularly in the areas of employment, training, organization and working conditions, changes in trades and working time. To this end, after consulting the representative trade unions, France Telecom establishes, at national and local level, consultation and negotiation bodies which also monitor the application of the signed agreements. In the event of a dispute over the interpretation of the latter, a joint conciliation commission, the composition of which is fixed by decree, is referred to in order to promote an amicable settlement of the dispute.

2. Before December 31, 1996, the President of France Telecom will negotiate with the representative trade unions an agreement on employment at France Telecom, relating in particular to:

  • work time ;
  • the conditions for recruiting civil servants until January 1, 2002;
  • management of the careers of civil servants and contractual staff;
  • early departures of staff;
  • youth employment;
  • changes in professions;
  • the special conditions granted to staff for the allocation of the shares offered to them.
Article 32
Modified by Law 96-660 1996-07-26 art. 9 JORF July 27, 1996.

 

The provisions of Articles L441-1 to L441-8 of the Labor Code relating to the profit-sharing of company employees are applicable to all employees of La Poste and France Telecom.

The conditions under which these personnel benefit from an incentive linked to the development of products or services are set by the board of directors of each operator

Each establishment or group of establishments of a size greater than a threshold defined by the board of directors is endowed, in compliance with the conditions which will be defined by the plan contract relating to each of the operators, with a management contract. .

The provisions of Chapter II and Chapter III of Title IV of Book IV of the Labor Code are applicable to all France Telecom staff, including those referred to in Articles 29 and 44 of this Law, as of fiscal year 1997.

Article 32-1
Amended by Law 97-277 1997-03-25 art. 32 JORF March 26, 1997.

 

The provisions of articles 208-1 to 208-19 of law n ° 66-537 of July 24, 1966 on commercial companies, of articles 11 to 14 of law n ° 86-912 of August 6, 1986 relating to the terms of privatizations and Chapter III of Law No.88-1201 of 23 December 1988 relating to undertakings for collective investment in transferable securities and establishing collective debt funds also apply to the agents or former agents mentioned in Articles 29 and 44 of the present law, assigned to France Telecom or having been assigned for at least five years to the public legal entity France Telecom or to the national company France Telecom. These provisions also apply to former agents assigned to France Télécom and falling under the aforementioned Articles 29 and 44 when

Within this framework, 10 p. 100 of France Telecom’s capital will be offered to company staff.

Article 32-2
Amended by Law 98-1267 1998-12-30 art. 51 JORF December 31, 1998.

 

In the event of the disposal of a State stake in the capital of France Telecom according to financial market procedures, a specific advantage may be granted to agents assigned to the general directorate of telecommunications who have asserted their right to retirement before on January 1, 1991 and who can claim more than five years of seniority in a service under this directorate.

The specific advantage that can be granted to them consists of a reimbursement of part of the sale price of the securities that they will have acquired within the framework of any offer mentioned in article 13 of law n ° 86-912 of 6 August 1986 relating to the terms of the privatizations. The rate of this reimbursement may not be greater than 20% of this transfer price.

The securities acquired by the beneficiaries of the advantage provided for in the preceding paragraph cannot be transferred before three years from the date of acquisition.

The rate of the benefit and the terms specific to each transaction are set by the Minister responsible for the economy. The latter may decide to extend the provisions of this article to disposals made outside the market.

The total amount of reimbursement granted to a person eligible for the benefit of the provisions of this article may not exceed 20% of the equivalent of the maximum number of securities giving rise to the priority purchase provided for in the first paragraph of article 13 of Law n ° 86-912 of August 6, 1986 relating to the terms of privatization.

In the event of the sale of securities that have been partially reimbursed within the framework of the provisions of this article, the taxable capital gain or capital loss on these securities will be calculated on the basis of their acquisition price less the reimbursement actually received.

This article also applies to disposals prior to the publication of the amending finance law for 1997 (n ° 97-1239 of December 29, 1997).

Article 33
Modified by Law 96-660 1996-07-26 art. 11 JORF July 27, 1996.

 

La Poste and France Télécom form between themselves one or more public interest groupings with legal personality and financial autonomy to ensure the management of common services and in particular common associative activities.

These public interest groups are set up without capital, by means of a means association agreement between the two operators and do not give rise to either the realization or the sharing of profits. The rights of their members cannot be represented by negotiable securities. Any contrary clause is deemed unwritten.

The management board of each public interest group not relating to social activities is made up of a representative of each of the two operators who alternately chairs it and of a representative appointed by the minister in charge of posts and telecommunications.

The management board of each public interest group concerning social activities is made up of a representative of each of the two public operators who alternately chairs it and, for each public operator, of a representative of the trade unions. This is appointed by the representatives on the orientation and management board mentioned in article 33-1 of the trade unions and staff associations of a national nature according to the same voting rules as within the said board.

The group director is appointed by the management board. It ensures, under the authority of the management board, all the responsibilities attached to the organization and operation of the group. In relations with third parties, the director commits the group for any act falling within the scope of the latter.

The group’s accounts are kept and its management ensured in accordance with the rules applicable to trading companies.

The public interest grouping is subject to control by the Court of Auditors under the conditions provided for in Articles L. 133-1 and L. 133-2 of the Code of Financial Jurisdictions.

The constituting agreement of each group is subject to the approval of the Minister responsible for post and telecommunications. It determines the modalities of participation of the members in the financing of the activities and the conditions under which they are held for the debts of the group. It indicates in particular the conditions under which the operators make public servants available to the group.

This agreement also defines the conditions under which the representative trade unions and staff associations participate in defining the general guidelines given to social activities, budget forecasts, the distribution of the corresponding resources and the control of their use.

The specifications of each public operator specify the methods of controlling the evolution of its overall contribution to the financing of social activities.

Article 33-1
Created by Law 96-660 1996-07-26 art. 11 JORF July 27, 1996.

 

Within France Télécom and within La Poste, an orientation and management board for social activities has been created in charge of defining policy and ensuring the management and control of social activities under the responsibility of each public operator.

Each orientation and management board for social activities comprises eight representatives appointed respectively by France Télécom or La Poste, eight representatives appointed by the representative trade unions, and eight representatives appointed by national staff associations.

The representatives of the national staff associations are appointed by the associations of the sector to which they belong on the basis of two associations for each of the following four sectors: welfare and solidarity, sports and leisure activities, cultural activities, economic activities and catering. In the event of a vote, each sector has only one vote.

The chairmen of France Telecom and La Poste or their representatives are ex officio chairmen of the guidance and management boards for social activities of France Telecom or La Poste. They are each assisted by two vice-presidents appointed from among the representatives of the trade unions by the representatives on the orientation and management council of trade unions and national staff associations according to the same voting rules as within the said council. .

The constitutive conventions of the guidance and management councils are subject to the approval of the minister responsible for post and telecommunications and set out the modalities of application of this article.

CHAPTER VIII: Guardianship.

Article 34

The minister in charge of posts and telecommunications ensures, within the framework of his general powers in the post and telecommunications sector, compliance with the laws and regulations applicable to the public post and telecommunications service and the other missions entrusted by this law to the public operators.

It prepares the specifications and the planning contract for public operators and ensures compliance with their provisions. It takes all necessary measures to maintain the complementarity of the activities of La Poste and France Telecom, to promote the diversification of activities and the versatility of post offices in rural areas and guarantees the unity of the statutory and social situation of staff. of La Poste and of France Telecom, the independence of the associative movement common to their agents and the possibilities of professional mobility between the two public operators, as well as the application of the principles relating to the professional equality of women and men.

Article 35
Modified by Law 96-659 1996-07-26 art. 4 JORF July 27, 1996.

A higher commission of the public service of posts and telecommunications was set up before October 15, 1990.

She is made of :

Seven deputies,

Seven senators, appointed by their respective assemblies;

Three qualified personalities in the post and telecommunications sector, appointed by the minister responsible for post and telecommunications.

It is chaired by a parliamentarian elected from among its members for a period of three years.

It examines the conditions under which La Poste and France Telecom perform their missions.

It is consulted by the Minister responsible for post and telecommunications on the draft contracts of plans and specifications and on their modifications. Its opinions are reasoned and made public.

It also ensures, with the minister responsible for posts and telecommunications, that their provisions are respected.

As such, it is consulted by the Minister responsible for post and telecommunications on the most important decisions of operators, and in particular on those relating to public service activities.

In addition, it ensures the balanced development of the post and telecommunications sector, in particular by giving an opinion on proposed changes to legislation specific to this sector. It is also consulted by the Minister in charge of Posts and Telecommunications during the preparation of Community directives relating to this sector.

It can collect all the information useful for the accomplishment of its missions and make known, at any time, its observations and recommendations

It can ask the minister in charge of posts and telecommunications to have the general post and telecommunications inspectorate carry out any study or investigation concerning La Poste and France Télécom. In this context, it has, if it considers it useful, the most extensive investigative powers on documents and on the spot.

It draws up an annual report which is submitted to Parliament and to the Prime Minister. This report specifies in particular the conditions under which the maintenance of the public service of posts and telecommunications is ensured on the whole of the territory. This report is made public.

The means necessary for the functioning and the accomplishment of the missions of the commission are entered in the budget of the Ministry of Posts and Telecommunications.

A decree fixes the modalities of application of this article.

Article 36

A higher commission for personnel and social affairs of a joint nature is placed under the chairmanship of the minister in charge of posts and telecommunications. It is made up, on the one hand, of representatives of the trade unions representing the national staff of La Poste and of France Telecom, on the other hand, of representatives of the Minister and of the two public operators.

It gives its opinion on all questions relating to the maintenance of the statutory unit, to the social management and to the profit-sharing of the personnel of the public operators which are submitted to it by the Minister or the representatives of the personnel under the conditions fixed by decree. It is consulted, in particular, on the pooling by them of the means necessary for the development of their social activities.

It is competent to issue, after the joint technical committees of each public operator, an opinion on the consistency of their work and in particular on the projects tending to modify the particular statutes common to the staff of La Poste and of France Telecom and on the evolution of their classifications. It also gives its opinion on the conditions under which operators use the option granted to them by the first paragraph of article 31 of this law.

A decree specifies the composition, powers, rules and means of operation of the commission.

Article 37

A National Post and Telecommunications Council chaired by the Minister for Posts and Telecommunications is established.

It is made up of parliamentarians who are members of the committee set up in article 35 of this law, representatives of the State, national associations of users and operators of postal and telecommunications services, local authorities and trade unions. the most representative at the national level.

The council gives its opinion on the questions submitted to it by the Minister, relating to:

The role of posts and telecommunications in the economic and social life of the nation;

The general principles of the regulations applicable to these sectors;

To the development and coordination of the operators’ activities.

A decree specifies the composition and the operating rules of the council.

Article 38

Decentralized consultation bodies have been created, the level of which is adapted to the organization of services and the specificity of each operator.

These bodies are made up of elected officials as well as representatives of operators, users and staff of La Poste and France Telecom.

In particular, they are consulted on measures aimed at improving the service provided to users and developing the diversification and versatility of the activities of public operators.

A decree specifies the composition, powers and operating rules of these bodies.

Article 39
Amended by Law 94-1040 1994-12-02 art. 6 JORF December 6, 1994.

 

La Poste and France Télécom are subject to control by the Court of Auditors provided for in Article L. 133-1 of the Code of Financial Jurisdictions.

They are subject to the economic and financial control of the State under the conditions provided for the organizations referred to in article 1 of decree n ° 55-733 of May 26, 1955, as amended.

CHAPTER IX: Miscellaneous provisions.

Article 40

Public limited companies in which more than half of the share capital is held by La Poste or France Télécom, and where the number of employees employed on average over the last twenty-four months is at least equal to 200, are governed by the provisions of the law n ° 83-675 of July 26, 1983 relating to the democratization of the public sector, applicable to the companies referred to in 4 of article 1 of this same law.

Article 41, 42


[* modifying article (s) *]

Article 43

The provisions of Ordinance No. 59-76 of January 7, 1959 relating to actions for civil compensation by the State and certain other public entities are applicable to appeals exercised by La Poste and France Télécom with regard to their civil servants

CHAPTER X: Transitional provisions.

Article 44

Staff in active employment assigned as of December 31, 1990 to posts in a service coming under the general direction of the post office or the general direction of telecommunications are placed automatically respectively under the authority of the chairman of the board of directors of La Post or that of France Telecom from January 1, 1991, without change of their statutory position. Post and telecommunications staff, in a position other than that of the activity on December 31, 1990, automatically come under, as of January 1, 1991, without change of their statutory position, the public operator who succeeded the service. of their last activity assignment.

However, civil servants under interministerial statutes or central administrative bodies remain subject to the provisions of their particular statutes. Where applicable, these particular statutes will provide for the specific conditions under which the officials concerned can be made available to operators.

The civil servants governed by an interministerial statute of central administration serve in a position of activity only in the services of the ministry in charge of post and telecommunications.

The conditions of assignment of personnel other than those referred to in the first paragraph of this article are determined, according to the needs of the ministry and the operators, by order of the Minister in charge of posts and telecommunications.

La Poste and France Télécom are substituted for the State in contracts concluded prior to January 1, 1991 with non-civil servants reporting respectively to the General Directorate of Post and the General Directorate of Telecommunications. Interested parties will have, no later than December 31, 1991, and six months after receiving notification of the conditions for exercising the choice, the option of:

  • or for the maintenance of their contract as an agent of public law;
  • or for recruitment under the regime provided for in article 31 of this law.
Article 45

The first board of directors of each of the two public operators will be installed before December 31, 1990, in order to propose the appointment of its chairman in application of article 10 of the aforementioned law n ° 83-675 of July 26, 1983.

Article 46

The elections of the staff representatives to the boards of directors provided for in article 12 of this law must be organized before June 30, 1991. Until the proclamation of the results of these elections, the staff representatives to the boards of directors will be appointed by decree on a proposal from the representative trade unions within the groups formed by each public operator with its subsidiaries and according to the representativeness of each of these organizations.

Article 47

Legal actions concerning property, rights and obligations initiated before January 1, 1991 which, before that date, fell within the jurisdiction of the administrative jurisdiction remain assigned to it.

Those of these actions which the general direction of the post office and the general direction of telecommunications were not competent to instruct, by virtue of the regulatory texts in force on December 31, 1990, remain carried out in demand and in defense by the State. The benefit or the burden of the resulting convictions will fall on each of the operators depending on the subject of the dispute.

Article 48

The Higher Commission for the Public Service of Posts and Telecommunications instituted in article 35 of this law will establish, before January 1, 1994, a report reviewing the implementation of the status of public operators created by this law and analyzing the prospects for developing cooperation between public operators in Europe in the field of telecommunications.

Article 49
Created by Law 96-660 1996-07-26 art. 12 JORF July 27, 1996.

1. The initial statutes of the national company France Telecom are determined by decree of the Council of State. They may be modified under the conditions provided for public limited companies by law n ° 66-537 of July 24, 1966 on commercial companies as soon as the State no longer holds all of the capital.

2. The share capital at December 31, 1996 of the national company is, in its entirety, directly owned by the State. Its amount is established on the basis of the own funds appearing in the balance sheet of the public operator at December 31, 1995 and taking into account the provisions of this law.

3. The balance sheet at December 31, 1996 of the national company France Telecom is made up from the balance sheet at January 1, 1996 of the public operator and the income statement of the latter for the 1996 financial year.

The balance sheet of the public operator on January 1, 1996 may provide for the charging to the net situation of the exceptional charges provided for by this law.

4. The share capital of the national company on December 31, 1996 and the balance sheet of the public operator on January 1, 1996 are fixed by joint order of the ministers responsible for the economy, the budget and telecommunications.

5. The members of the board of directors of France Telecom in office on December 30, 1996 constitute the board of directors of the national company France Telecom until the date of expiry of their term of office, subject to the application of Articles 12 and 13 of Law No. 83-675 of July 26, 1983 on the democratization of the public sector.

FRANçOIS MITTERRAND By the President of the Republic:The Prime Minister,
MICHEL ROCARD

The Minister of State, Minister of the Economy,

finances and budget,

PIERRE BÉRÉGOVOY

The Minister of State, Minister of the Public Service

and administrative reforms,

MICHEL DURAFOUR

The Keeper of the Seals, Minister of Justice,

PIERRE ARPAILLANGE

The Minister of Posts,

telecommunications and space,

PAUL QUILES

The Minister Delegate to the Minister of State,

Minister of Economy, Finance and Budget,

in charge of the budget,

MICHEL CHARASSE

Preparatory work: law n ° 90-568.

National Assembly :

Bill n ° 1229;

Report by Mr Jean-Pierre Fourré, on behalf of the production committee, and appendix, opinion by Mr Alain Bonnet, on behalf of the finance committee, n ° 1323;

Discussion on May 10 and 11, 1990 and adoption, after declaration of emergency, on May 11, 1990.

Senate:

Bill, adopted by the National Assembly, n ° 294 (1989-1990);

Report by Mr Jean Faure, on behalf of the Committee on Economic Affairs, n ° 334 (1989-1990);

Opinion of Mr. Henri Torre, on behalf of the finance committee, n ° 328 (1989-1990).

Discussion on June 5, 6 and 7, 1990 and adoption on June 7, 1990.

National Assembly :

Report by Mr. Jean-Pierre Fourré, on behalf of the joint committee, n ° 1440.

Senate:

Report by Mr Jean Faure, on behalf of the joint committee, n ° 378 (1989-1990).

National Assembly :

Bill, modified by the Senate, n ° 1427;

Report by Mr. Jean-Pierre Fourré, on behalf of the production committee, n ° 1459;

Discussion and adoption on June 19, 1990.

Senate:

Bill, adopted with modifications by the National Assembly in new reading, n ° 395 (1989-1990);

Oral report by Mr Jean Faure, on behalf of the Committee on Economic Affairs;

Discussion and adoption June 26, 1990.

National Assembly :

Bill, amended by the Senate on new reading, n ° 1523;

Report by Mr. Jean-Pierre Fourré, on behalf of the production committee, n ° 1524;

Discussion and adoption on June 27, 1990.

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