The previous regulation (ANRC President’s Decision no.118/2003) did not include most of the “value added services” in the scope of universal service, but according to the new regulation (ANRCTI President’s Decision no.2858/2007), these should be included in the scope of universal services. Nevertheless, the services previously set out and those set out by the new regulation cannot be directly/automatically correlated.

Thus, in order to enforce the new classification of the postal services already offered on the market by the existent providers, the ANRCTI President’s Decision no.2858/2007 provides their obligation to submit a new notification as of December 31, 2007. We mention, in this context, that the Government Ordinance no.31/2002 on postal services provides the elimination of the individual licences, so that all postal services (including those included in the scope of universal service) may be currently provided under the terms of the general authorisation regime.

In consequence, as an authorised provider, you must submit to ANRCTI the following documents:

a) an original of the standard notification form , filled in with the types of services you intend to provide;

b) a copy of the identity act of your representative mentioned in the standard notification form;

c) general conditions regarding the postal services provision.

The general conditions regarding the postal services provision you establish will be part of your commercial offer and shall represent general clauses of the contract you will conclude with the sender. The content of the General conditions regarding the postal services provision is provided under points 3.14.2 to 3.14.7 of the general authorisation regime for the provision of postal service, annex no.1 to the ANRCTI President’s Decision no.2858/2007.

The notification shall not be considered complete and, in consequence, you will not be granted the right to provide postal services in any of the following cases:

a) you did not send all the necessary documents;

b) the standard notification form is not filled in, signed and stamped;

c) the general conditions regarding the postal services provision you are to transmit do not contain the acceptance conditions of the postal items and respectively do not provide any rule which must be respected by the senders of postal items;

d) the general conditions regarding the postal services provision provide a term for keeping the postal items which have neither been delivered to the addressee nor have been returned to the sender within a term up to 6 months from their taking over;

e) the general conditions regarding the postal services provision do not contain the quality conditions which are to be achieved by the postal services you shall provide;

f) the mechanism of solving the complaints sent by users (part of the general conditions regarding the postal services provision):

– does not provide the person who may submit the preliminary complaint;

– does not provide the ways of transmitting and confirming the receipt of the complaint;

– provides, for services within the scope of universal service, a term for submitting the complaint up to 30 days from the collection of the postal item;

– does not contain procedures which could enable the equitable and prompt solving of complaints, particularly as regards the proofs accepted;

– provides a term for solving a complaint within a term exceeding 3 months from its submission, in the case of services included in the scope of universal service;

– does not provide an adequate system (as regards payment term and modality) for returning or compensating the prejudice, in case of the justified complaints;

– does not contain procedures for determining the provider who is responsible for recovering the damage in case the delivery of the postal items you collect is realized by another provider.

Should you intend to provide the Express service, it is necessary that you consider the following:

a) According to the previous regulation, the Express services implied necessarily the collection of the postal items from the address indicated by the sender, guaranteeing the delivery time and electronic monitoring of the postal items during the conveyance.

b) According to the ANRCTI President’s Decision no.2858/2007, the Express service further implies the provider’s responsibility when delaying in delivering the postal item, does not imply neither the collection of the postal items from the address indicated by the sender nor the electronic monitoring of the postal items, but it implicates, in addition, the registration of the postal item, its delivery to the addressee’s address, as well as maximum delivery times.

c) We consider that, in accordance with the new regulation, the provision of the Express service implies costs and responsibilities superior to those involved so far, that is why we recommend you to indicate in the standard notification form the intention to provide the Express service only following a careful analysis of the provisions of ANRCTI President’s Decision no.2858/2007.

d) Apart from the cases provided above, you shall not be granted the right to provide the Express service if the general conditions regarding the postal services provision you send do not provide the conditions under which your responsibility is engaged when delaying in delivering the postal item or provide guaranteed delivery times which exceed the limits provided under point 3.14.4.2 of the General authorisation regime for the provision of postal services

The consequences of not submitting a new notification

In accordance with the provisions under art.12 of the ANRCTI President’s Decision no.2858/2007, should you not submit a new notification by December 31, 2007, you shall automatically lose the right to provide postal services, without a previous notice from ANRCTI.

We highlight that the sole transmission of the documents provided above does not represent fulfilling the obligation of submitting a new notification. You must consider the provisions under art.5 paragraph (1) thesis I of the ANRCTI President’s Decision no.2858/2007, according to which “The notification is not considered to be complete unless all the legal requirements regarding the transmission, form and content of the notification were accomplished.”

In this context, we recommend you to transmit as soon as possible the documents mentioned above in order to avoid the risk of losing the right to provide postal services as of December 31, 2007, should the new notification not be correct and complete.