Paragraph 1: Recommendations sent to subscribers

I. - The identifiable and specific additional costs borne by the operators mentioned in the previous article in order to provide the Autorité de Régulation de la Communication Audiovisuelle et Numérique with the data kept pursuant to 1° of II bis of Article L. 34-1 of the French Post and Electronic Communications Code shall be the subject of financial compensation paid by this authority.

II. - The compensation referred to in I corresponds to the coverage of the additional costs defined as follows:

a) The additional costs relating to the design and deployment of the information systems or, where applicable, their adaptation, necessary for the processing of subscriber identification requests;

b) The additional costs relating to the operation and maintenance of the information systems necessary for the processing of subscriber identification requests;

c) The additional staff costs relating to the processing of subscriber identification requests.

III. - When the information system used to process identification requests from the authority is the same as that used to respond to requests from other public or judicial authorities and the additional costs mentioned in a and b have already been the subject of financial compensation from the State in this respect, the operator concerned may not claim further compensation for these additional costs.

IV. - When the number of identification requests processed in a calendar year by an operator exceeds a threshold justifying automated processing, the additional costs mentioned in a and b are compensated by an annual lump-sum payment. The additional costs mentioned in c are compensated, for each identification request, according to rates established according to the nature of the request.

When the identification requests processed during a calendar year by an operator are below this threshold, the additional costs mentioned in b and c are compensated, for each identification request, according to rates established according to the nature of the request.

V. - A joint order of the ministers responsible for the budget and culture sets the threshold, the lump-sum payment and the tariffs mentioned in IV.