03 June 2013
03.06.2013
The Romanian Authority for Management and Regulation in Communications (ANCOM) has launched for public consulation a draft decision amending and completing the general authorisation regime applicable to the providers of postal services, following the entry into force – this March – of the new legal framework for postal services.
Thus, this draft decision aims at transposing the current framework for postal services as regards the terms in which the providers benefit from the general authorisation regime, as well as the rights and obligations they have as postal service providers. In elaborating the draft, the Authority aimed also at clarifying certain aspects, as revealed necessary by the enforcement of the secondary legislation.
In accordance with the provisions of the general framework, the draft decision will regulate, at the level of seondary legislation, a new type of postal service, i.e. paper money order [1], cecogrammes[2] will be provided as distinct postal services within the scope of universal service, the document exchange service will no longer be considered a postal service, whereas the direct mail service dealing with postal items of up to 2 kg will no longer be included within the scope of universal service, the notification standard-from being updated accordingly.
Postal providers of services dealing with cecogrammes and paper money orders will have the obligation to notify ANCOM within 15 days from the entry into force of this decision, failure to observe this obligation determining the cessation of the right to provide such services. Moreover, the draft provides that, within 6 months from the entry into force of the decision, the Authority will issue by default a new standard-certificate to all the providers that have the right to provide direct mail services.
Furthermore, the term for sending notices regarding changes in the notification data for the categories of information that must be registered with the competent institutions has been extended to 15 days from the date of registering the respective information with the competent institutions.
The draft decision also proposes a review on the procedure for suspending the right to provide postal services, in situations of temporary interruption of the activity. The suspension may be operated both upon the provider’s request, and by default, following the Authority’s assessment of an interruption. The authority proposes that, during the suspension period pursuant to a corresponding sanction, a provider should preserve its obligations related to the activity of providing the postal services included in the general authorisation and in other provisions only in relationship with ANCOM, excluding the relationship with other natural or legal persons, taking into account the sanctioned person’s impossibility to provide the services for which the sanction was imposed and, implicitly, to exercise its obligations as a postal service provider towards other legal or natural persons.
The draft decision amending and completing the Decision of the National Regulatory Authority for Communications and Information Technology no.2858/2007 on the general authorization regime for the provision of postal services is available here. The interested persons are invited to send their comments and suggestions, by 12.06.2013, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the ANCOM Registry Office or by means of the ANCOM regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.
[1]a postal service that consists of filling in a form, in physical format, based on which the transfer and delivery of an amount of money is performed, without deduction;
[2]postal items within the scope of universal service, weighing up to 7 kg, such as an open item containing a letter intended for the blind and sight impaired, imprinted on a firm paper or similar material, a cliché with cecography signs and sound recordings if sent by or to an institute for persons with sight impairment.