InterAmÔ
Database
18 March 2003
Journal Officiel de la République
française (
Posts
& Telecommunications Code – Decrees (Conseil
d’Etat)
DECREES
(CONSEIL D'ETAT)
Date du dernier texte modificateur signalé : Décret
2003-239 of
With the participation of Jérôme HUET,
Professor at the
BOOK I
The postal service
TITLE I
General provisions
CHAPTER
I: The postal monopoly
Article L1
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
The universal postal service shall contribute to
social cohesion and the balanced development of the territory. It shall be
provided in compliance with the principles of equality, continuity and
adaptability while seeking optimum economic and social efficiency. It shall
provide all users across the whole of the national territory with continuous
postal services that meet established quality standards. These services shall
be offered at affordable prices for all users.
It shall include national and cross-border services
for mail weighing 2 kilograms or less, packages weighing up to
20 kilograms, recorded delivery items and declared value items.
Collection and delivery services under the universal
postal service shall be provided on each working day, except in exceptional
circumstances.
Article L2
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
La Poste shall provide the universal postal service.
With regard to the services provided under the universal service, it shall be
subject to obligations relating to service quality, accessibility to these
services, handling of user complaints and, with regard to certain services,
compensation in the event of loss, theft, damage or failure to comply with its
service quality undertakings. It shall also be subject to accounting and special
information obligations.
National and cross-border services for items of
correspondence, whether or not sent by express mail, including mailshots,
weighing less than 350 grams, the price of which is less than five times the
applicable rate for an item of correspondence in the first weight band of the
fastest standardised category, shall be reserved for La Poste.
Where the use of the recorded delivery service is laid
down by a legal or regulatory text, this service shall be reserved for
La Poste, which shall be subject to obligations in this regard.
The implementing provisions of this Chapter shall be
laid down by a Conseil d'Etat decree following the opinion of the
Commission for the Public Service of Posts and Telecommunications.
Article L3
Post-office-based postmasters and post office agents
in maritime towns or locations shall be responsible, to the exclusion of any
other person, for the service regarding letters and packages weighing 1
kilogram or less, being sent from or to overseas departments and territories.
Article L4
All captains or crew members of ships arriving in a
port in
CHAPTER
II: Exceptions
to the inviolability and secrecy of correspondence
Article L5
(Act No 66-948 of 22 December 1966, Article 34, Official
Journal of 23 December 1966)
(Act No 85-1407 of 30 December 1985, Articles 92
and 94, Official Journal of 31 December 1985, in force on 1
February 1986)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall notify the direct taxation office,
the television license fee authority and the legal authorities which so request
in relation to criminal matters, of changes of address of which it is aware.
Article L6
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
As specified in Article 66 of the Customs Code,
La Poste is authorised to submit to customs inspection, mail subject to an
import ban, liable to duties or taxes collected by the customs service or
subject to entry restrictions or formalities, under the conditions laid down by
the Universal Postal Union conventions and agreements.
La Poste is also authorised to submit to customs
inspection mail subject to an export ban, liable to duties or taxes collected
by the customs service or subject to exit restrictions or formalities.
Customs officers shall have access to permanent or
mobile post offices, including sorting rooms communicating directly with the
outside, in order to search, in the presence of post office agents, sealed or
unsealed mail of an internal or external origin, with the exception of mail in
transit, which contains or appears to contain the objects referred to in this
Article. In no event may the secrecy of correspondence be breached.
TITLE
III: The public operator’s liability
Article L7
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
La Poste is not obliged to pay any compensation
for the loss of ordinary items of correspondence, without prejudice to the
provisions of Article L. 2.
Article L8
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
The loss, damage or despoilment of recorded delivery
items shall give rise to the right to compensation, except in the event of
force majeure, the amount of which shall be laid down by a decree, to be paid
either to the sender, or in the absence of a claim by the latter, to the
addressee.
Article L9
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall be released from liability for recorded
delivery letters on their delivery against receipt to the addressees or to
their authorised representatives, and it shall be released from liability for
other recorded delivery items on their delivery against receipt either to the
addressees, or to a person in their service or living with them.
Article L10
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
La Poste shall be liable, up to an amount laid down by
a decree, except in the event of loss due to force majeure, for items of value
contained in letters and declared in accordance with the rules.
It shall be released from this liability on the
delivery of letters for which the addressees or their authorised
representatives have provided a receipt.
In the event of a dispute, an action relating to
liability shall be brought before the civil courts.
Article L11
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Consignments of jewellery and precious objects shall
be treated as declared value letters with regard to La Poste’s liability.
In the event of loss or damage resulting from the
breakage of boxes which are intended to contain these consignments and which do
not comply with the regulations, La Poste is not obliged to pay any
compensation.
Article L12
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
When La Poste has paid the amount of the declared
value which did not reach its destination, it shall subrogate to all the rights
of the owner. The latter must inform La Poste, at the time this payment is
made, of the nature of the items, as well as any circumstances which may
facilitate the effective exercise of its rights.
Article L13
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
It shall bear no liability in the event of delayed
delivery or non-delivery by express mail; in the latter event, the special fee
must be refunded.
Article L13-1
(Act No 65-395 of 25 May 1965, Official
Journal of 26 May 1965)
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Claims regarding any kind of items of correspondence
shall only be admissible, whatever their objective or purpose, within one year
as of the day after the date the item of correspondence was posted.
CHAPTER I: Home deliveries
Article L14
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
Hotel managers, travel agency managers or their
employees approved by La Poste may, under the conditions laid down by the
Ministry of Posts and Telecommunications, be authorised to receive, in the
absence of any written opposition by the sender or addressee, recorded delivery
letters or items or declared value items sent to their customers.
This discharge shall substitute the liability of the
hotel managers or travel agency managers for that imposed by Articles L9
and L10 on La Poste.
CHAPTER
II: Over-the-counter
deliveries
Article L15
(Act No 66-996 of 26 December 1966, Official
Journal of 28 December 1966)
Ordinary recorded delivery or declared value items of
correspondence that are addressed "poste restante" to minors not
declared of full age and capacity under eighteen years of age, may only be
delivered to them on presentation of written authorisation from their father or
mother or, in their absence, their guardian. In the absence of authorisation,
the item of correspondence shall be returned to the sender or passed to the
undeliverable mail office.
Article L16
Owing to the transportation of mail, items of
correspondence or packages, all captains of vessels sailing between France and
the Algerian departments shall bear the same liability towards the posts and
telecommunications administration as the administration does to the public.
Article L17
(Act No 89-469 of 10 July 1989, Article 9, Official
Journal of 11 July 1989, in force on 1 January 1990)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
Any person who, as a repeated offence, transports
items of correspondence in breach of the provisions of Article L. 2, shall be
liable to a fine of 25 000 francs. An offence shall be deemed to be repeated
where the offender has already been convicted of breaching the provisions of
Article L. 2 during the previous three years.
Article L18
In the event of a conviction imposed in accordance
with the above Article, the court may order no more than fifty copies of the
judgement to be published, all at the offender’s expense.
Article L19
Transport contractors shall be personally liable for
offences committed by their employees, except where action is taken against the
latter or against any person whose actions resulted in the offence.
Article L20
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
In order to implement the provisions of Article L. 2,
sworn officials of the posts and telecommunications administration, border
customs officers, the national gendarmerie and any agents of the authority
responsible for reporting misdemeanours and offences, may seize goods from and
search any persons who, owing to their profession or business, regularly
transport items from one place to another. They may be assisted to this end by
the army if they deem it necessary.
Article L21
Reports must be made out at the time of the seizure;
they shall include a list of the letters and packages as well as the addresses
thereon.
Article L22
The seized letters or packages referred to in the
above Article shall be taken, together with a copy of the reports, to the
nearest post office. They shall be forwarded to their destination and delivered
against payment of the tax due. The officials of the posts and
telecommunications service shall immediately send the reports to the Public
Prosecutor in order to institute proceedings against the offenders with regard
to the sentence laid down for each item of mail transported fraudulently.
Article L23
Customs officers shall ascertain, during inspections
of ships, that the captain and crew members are not carrying letters or
packages that they intend to withhold from the post. In the event that a
summary offence is discovered, they shall make out a report. The letters or
packages shall be seized and taken to the post office in that area.
Article L24
Breaches of the provisions of Articles L. 3 and L. 4
shall be reported in the manner laid down by Articles L. 20, L. 21 and L. 22;
any person who repeats such an offence shall be liable to the penalties laid
down in Articles L. 17 and L. 18.
Article L25
(Act No 90-568 of 2 July 1990, Article 41, Official
Journal of 8 July 1990, in force on 1 January 1991)
(Act No 92-1336 of 16 December 1992, Article
201, Official Journal of 23 December 1992, in force on 1
March 1994)
Any person who commissions franking machines without
the authorisation of La Poste, or who commits attempted fraud by using the
machines shall be liable to imprisonment for a term of six months and a fine of
50 000 francs.
Article L26
(Act No 77-1468 of 30 December 1977, Official
Journal of 31 December 1977)
(Act No 85-835 of 7 August 1985, Article 8, Official
Journal of 8 August 1985, in force on 1 October 1985)
(Act No 92-1336 of 16 December 1992, Articles
322 and 329, Official Journal of 23 December 1992, in
force on 1 March 1994)
Any person who makes a fraudulent declaration of value
which is greater than the true value of items contained in a letter shall be
liable to imprisonment for a term of one year and a fine of 25 000 francs.
Article L27
The provisions of the above Article shall apply to
postal packages.
Article L28
(Act No 72-437 of 30 May 1972, Article 2, Official
Journal of 31 May 1972)
(Act No 99-533 of 25 June 1999, Article 19, Official
Journal of 29 June 1999)
The Ministry of Posts and Telecommunications shall
bring proceedings for breaches of the provisions of Articles L. 2, L. 3,
L. 4 and L. 17 regarding the postal monopoly and also breaches concerning the
insertion of prohibited items of value in mail, or the use of postage stamps
which have already been used.
The Ministry of Posts and Telecommunications is
authorised to compromise in such matters.
Article L29
It is prohibited, under the penalties prescribed by
Articles L. 17 and L. 18, where the breach is a repeated offence, to place
inside mail entrusted to the postal service:
dangerous or dirty materials or objects;
goods liable to customs or excise duties: prohibited
goods.
Article L30
Post-office-based postmasters are authorised to
request, in the presence of a post office agent or employees of the indirect
taxation service or customs service, that an addressee open on receipt sealed
letters or envelopes from any place of origin which are presumed to contain
items either liable to internal formalities regarding movement or liable to customs
duties or subject to a prohibition.
They must carry out this requisition each time they
are asked to do so by the customs service or by the indirect taxation service.
Article L31
Excepting the cases laid down by international
agreements, it is prohibited to place opium, morphine, cocaine or other
narcotic drugs inside mail, under the penalties laid down by Article L. 627 of
the Public Health Code.
BOOK II
Telecommunications
CHAPTER
I: Definitions
and principles
Article L32
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 1, Official
Journal of 27 July 1996)
(Order No 2001-670 of 25 July 2001, Article 20, Official
Journal of 28 July 2001)
1) Telecommunications.
Telecommunications means any form of transmission,
emission or reception of signs, signals, text, images, sound or other
information, by wire, optical fibre, radio or other electromagnetic means.
2) Telecommunications network.
Telecommunications network means any form of
installation or group of installations which ensure either the transmission or
the transmission and routing of telecommunications signals and the associated
exchange of the control and operational information, between network
termination points.
3) Public network.
Public
network means a telecommunications network established or used in order to
provide public telecommunications services.
3a) Network terminal points.
Network
terminal points means the physical points through which users access a public
telecommunications network. These connection points form part of a network.
4) Independent network
Independent
network means a telecommunications network intended for private or shared use.
An
independent network is referred to as:
- for
private use when it is reserved for use by the natural or legal person which
established it;
- for
shared use when it is reserved for the use of several natural or legal persons
forming one or more closed groups of users, with a view to exchanging internal
communications within that same group.
5) Internal
network.
Internal
network means an independent network installed entirely within one premises and
not using public property - including radio frequencies - or any third
property.
6)
Telecommunications service.
Telecommunications service means a service which includes the transmission or
routing of signals or a combination of these functions using telecommunications
processes. Broadcasting telecommunications services are not subject to this
provision insofar as they are governed by the aforementioned Act No 86-1067 of
30 September 1986.
7) Public
telephone service.
Public
telephone service means the commercial provision to the public of a service
conveying direct, real-time voice telephony between public switched telephone
networks for fixed and mobile users.
8) Telex service.
Telex
service means the commercial provision to the public of a system of direct,
real-time typed messages in the form of telegraphic signals, between users
connected to the terminal points of a telecommunications network.
9) Interconnection.
Interconnection means reciprocal services provided by
two public network operators in order to allow all users to communicate freely
amongst themselves, regardless of the networks to which they are connected or
the services that they use.
Interconnection also means the network access services provided for the same
purpose by a public network operator to a public telephone service provider.
10) Terminal
Equipment.
Terminal
equipment means equipment intended to be connected directly or indirectly to
the termination point of a network in order to send, process or receive
information. Equipment intended for access to radio or cable television
broadcasting services is not included in this definition, unless such equipment
can also be used for access to telecommunications services.
11) Radio
network, installation and equipment.
A network, installation or equipment are
described as radio when they use radio frequencies to transmit radio waves in
an open space. In particular, networks which use satellite capacity are defined
as radio networks.
12)
Essential Requirements.
Essential
requirements means the specifications which must be met, in the public
interest, to guarantee people’s health and safety, electromagnetic
compatibility between telecommunications equipment and installations and, where
appropriate, proper use of the radio frequency spectrum avoiding harmful
interference to third parties. The essential requirements also entail, in
certain cases, the protection of networks and in particular, the exchange of
the associated control and operational information, the interoperability of
services and of terminal equipment, data protection, environmental protection
and consideration of town planning and national and regional development
requirements, the compatibility of terminal equipment and radio equipment with
fraud-avoidance devices, ensuring access to emergency services and facilitating
their use by disabled persons.
Interoperability of terminal equipment means the ability of this equipment to
work with the network on the one hand, and with other terminal equipment on the
other.
A decree shall lay down the threshold values which must not be exceeded by the
electromagnetic fields emitted by the equipment used in telecommunications
networks or the installations referred to in Article L. 33-3, where the
public is exposed to them.
13) Public operator.
Public
operator means a public law legal person whose tasks are laid down in
Article 3 of Act No 90-568 of 2 July 1990 on the
organisation of the public posts and telecommunications service.
14) Public
network.
Public
network means the body of telecommunications networks established or used by
the public operator for the needs of the public.
15)
Operator.
Operator
means any natural or legal person operating a public telecommunications network
or providing a telecommunications service to the public.
Article L32-1
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 2, Official
Journal of 27 July 1996)
(Order No 2001-670 of 25 July 2001, Article 14, Official
Journal of 28 July 2001)
I - Under the conditions laid down by the provisions
of this Code:
1) telecommunications activities shall be carried out
freely, in accordance with the licences and declarations provided for in
Chapter II, which shall be granted or verified in an objective, transparent,
proportional and non-discriminatory manner;
2) the public telecommunications service obligations
laid down in Chapter III which include, in particular, guaranteeing all persons
access to the universal telecommunications service, shall be safeguarded and
developed;
3) the telecommunications sector shall be regulated
independently of the operation of networks and the provision of
telecommunications services. Regulation shall be administered, on behalf of the
Government, by the Minister for Telecommunications and the Telecommunications
Regulatory Authority, in accordance with the provisions of Chapter IV.
II. – The Minister for Telecommunications and the Telecommunications
Regulatory Authority shall ensure, according to their respective competences:
1) the provision and financing of all the components of the public
telecommunications service;
2) effective and fair competition among network operators and
telecommunications service providers, in the interests of users;
3) job development, innovation and competitiveness in the telecommunications
sector;
4) public network access and interconnection conditions which guarantee equal
market conditions and the possibility of unrestricted communication between
users;
5) compliance by telecommunications operators with the secrecy of
correspondence and neutrality with regard to the content of transmitted
messages;
6) compliance of network operators and telecommunications service providers
with the obligations incumbent upon them in the interests of national defence
and public security;
7)
consideration of the interests of users and the territories with regard to
access to services and equipment;
8)
development of shared use among operators of the installations referred to in
Articles L. 47 and L. 48.
Article L32-2
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 3, Official
Journal of 27 July 1996)
In accordance with its tasks, laid down in Article 35
of Act No 90-568 of 2 July 1990 on the organisation of the public posts and
telecommunications sector, the Commission for the Public Service of Posts and
Telecommunications shall contribute to the balanced development of the
telecommunications sector. It shall also ensure compliance with public service
principles, in particular, with the universal service principles in the
telecommunications sector. Besides the opinions, recommendations and
suggestions it submits to the Ministry in its sphere of competence, the
commission may also be consulted by the Telecommunications Regulatory Authority
and by the standing committees of the National Assembly and the Senate, on
telecommunications matters which fall within their jurisdiction. It may call on
the Telecommunications Regulatory Authority to intervene on issues under its
jurisdiction with regard to controlling compliance by operators and penalising
operators for non-compliance with the public service and universal service
obligations incumbent on them under the legislative and regulatory provisions
of this Code and the authorisations which they have been granted.
In this context, it may issue an opinion in particular
regarding the conditions and criteria to be applied for licensing the networks
and services referred to in Articles L. 33-1, L. 33-2, L. 34-1, L. 34-2, L.
34-3 and L. 34-4 of this Code.
The commission may also propose legislative and
regulatory amendments if it considers that these will encourage the
technological, economic and social development of the telecommunications
industry.
It shall make recommendations to the Government
regarding fair competition in the telecommunications sector.
It shall draw up an annual report to be submitted to
Parliament and to the Prime Minister. This report shall include a review of the
public telecommunications service including a chapter on, in particular, the
universal telecommunications service and a chapter covering the progress made
in achieving the public interest tasks set out in the third subparagraph of
Article L. 35-6. The Commission for the Public Service of Posts and
Telecommunications shall draft this report after consulting the annual report
of the Telecommunications Regulatory Authority.
Article L32-3
(inserted by Act No 90-1170 of 29 December 1990,
Articles 1 and 2, Official Journal of 30 December
1990)
The public operator, persons licensed to establish a
public network and telecommunications service providers, as well as their
staff, must respect the secrecy of correspondence.
Article L32-3-1
(Act No 2001-1062 of 15 November 2001, Article
29, Official Journal of 16 November 2001)
(Act n° 2003-239 of 18 March 2003, Article 20,
Official Journal of 19 March 2003)
I. – Telecommunication operators and in particular
those referred to in Article 43-7 of the aforementioned Act No 86-1067 of 30
September 1986, must delete or make anonymous any data regarding a
communication as soon as it is completed, subject to the provisions of II, III
and IV.
II. – For the requirements of investigating, reporting
and bringing proceedings for criminal offences, and with the sole purpose of
making information available, as appropriate, to the legal authority, operations
which intend to delete or make anonymous certain categories of technical data
may be deferred for a maximum of one year. A Conseil d'Etat decree, to
be issued following the opinion of the Commission for Information Technology
and Civil Liberties, shall lay down, within the limits set out by IV, these
categories of data and the length of the conversation, according to the
operators’ activity and the nature of the communications as well as the payment
terms, where appropriate, for the identifiable, specific additional costs of
services provided by operators in this regard, at the Government’s request.
III. – For the requirements of invoicing and payment
of telecommunication services, operators may, until the end of the period
during which the invoice may be disputed or proceedings brought to obtain
payment, use, retain and, where appropriate, forward to third parties directly
concerned with the invoicing or recovery, the categories of technical data
which shall be established, within the limits laid down by IV, according to the
operators’ activity and the nature of the communications, by a Conseil
d'Etat decree, to be issued following the opinion of the Commission for
Information Technology and Civil Liberties.
Furthermore, operators may process these data in order
to market their own telecommunication services for a fixed period of time, if
the users expressly consent to this. This time limit may not, in any case,
exceed the period of contractual relations between the user and operator.
Furthermore, they may retain certain data in order to ensure the safety of
their network.
IV. – The data retained and processed under the
conditions laid down in II and III shall exclusively concern the identification
of the users of services provided by the operators and the technical
characteristics of the communications provided by the latter.
The data may in no case concern the content of the
correspondence exchanged or information consulted, in any form whatsoever, in
the context of these communications.
The retention and processing of these data shall be
carried out in accordance with the provisions of Act n° 78-17 of 6 January 1978
on information technology, files and civil liberties.
Operators shall take all measures necessary to avoid
the use of these data for purposes other than those provided for in this
Article.
Article L32-3-2
(inserted by Act No 2001-1062 of 15 November
2001, Article 29, Official Journal of 16 November
2001)
The limitation period for any claim for a refund of
the cost of the telecommunications services provided by the operators referred
to in Articles L. 33-1, L. 34-1 and L. 34-2, shall expire after a period
of one year as of the day payment was made.
The limitation period for amounts due for payment by
users for the telecommunications services of an operator falling within the
categories referred to in the above subparagraph where the operator has not
claimed them, shall expire after a period of one year as of the date these
amounts fell due.
Article L32-3-3
(inserted by Act No 2001-1062 of 15 November
2001, Article 71, Official Journal of 16 November
2001)
The provisions of Articles L. 32-3-1 and L. 32-3-2
shall be applicable in New Caledonia, French Polynesia and in the Wallis and
Futuna Islands.
Article L32-4
(Act No 90-1170 of 29 December 1990, Articles 1
and 2, Official Journal of 30 December 1990)
(Act No 96-659 of 26 July 1996, Article 5, Official
Journal of 27 July 1996)
In carrying out their tasks, the Minister for
Telecommunications and the chairman of the Telecommunications Regulatory
Authority may:
1) collect from natural or legal persons which operate
telecommunications networks or provide telecommunications services, any
information or documents necessary to ensure that said persons comply with the
principles laid down in Articles L. 32-1 and L. 32-3, as well as the
obligations incumbent on them in accordance with legislative and regulatory
texts or arising out of the licence granted to them;
2) conduct inquiries concerning the said persons;
they may appoint civil servants authorised to conduct such inquiries under the
provisions of Article L. 40.
The Minister for Telecommunications and the chairman
of the Telecommunications Regulatory Authority shall ensure that the
information gathered in accordance with this Article is not disclosed when said
information is protected as confidential under Article 6 of Act No 78-753 of 17
July 1978 laying down various measures to improve relations between the
administration and the public and various administrative, social and fiscal
provisions.
Article L32-5
(Act n° 2003-239 of 18 March 2003, Article 72 I,
Official Journal of 19 March 2003, in force on 1 January 2004)
The operators who exploit a network of electric radio
communication, which is open to the public, must implement the technical
schemes destined to prohibit, save urgency phone calls, access to their network
or to their communication services transmitted through mobile terminals, which
are identified and for which they have received a theft claim.
Nevertheless, the judicial police officer may order
the operators, after the consent given by the procurer or the instructing
judge, not to apply the provisions of the first paragraph.
NB. Act 2003-239 2003-03-18, Article 72II: These
provisions shall take effect for the mainland France on the 1st
January 2004. When necessary, the terms and conditions of its application shall
be set out by a Conseil d’Etat decree.
Article L32-6
(Act n° 2003-239 of 18 March 2003, Article 126 I
2°, Official Journal of 19 March 2003, in force on 1 January 2004)