ANCOM launches for public consultation a draft decision which proposes the amendment and completion of the general authorisation regime for the provision of postal services. The general authorisation regime is the legal regime that establishes the rights and obligations of the postal service providers. The provision of these services is allowed only upon notifying the Authority on the provider’s intention to make available such services. The notification is achieved by filling in the standard-form drawn up and updated by the regulatory authority.
The draft decision proposes certain measures to render the authorisation procedure more efficient, clarifies certain aspects related to the general authorisation regime, aiming as well at enhancing competition in the postal services market and at removing certain provisions which derived into a “double accounting” of the providers and of the market indicators. Moreover, the draft decision envisages the evolution of the commercial legislation, as well as the regulation of the regime applicable to the foreign legal persons who intend to provide postal services throughout Romania.
Thus, the proposed decision will regulate the regime applicable to the foreign legal persons who intend to provide postal services in Romania, taking also into consideration the case of the requesters having their headquarters in the EU Member States or in the member countries of the European Economic Area, in the context of the freedom to provide services and of the right of establishment provided by the Treaty establishing the European Economic Community.
Other amendments concern the regime for the authorised natural persons, for the individual companies and for the family associations for which the authorisation and registration procedure was changed and, consequently, the documents certifying their registration and authorisation must be updated. These documents have to be submitted to the Authority before starting the provision of postal services.
The draft decision regulates, as well, two new cases of cessation of the right to provide postal services, respectively, the bankruptcy of the provider and dissolution or cessation, in any other way, of its existence and details the procedure of suspending the right to provide all or certain types of postal services as a sanction. It was established that the sanction may be set out, by decision of the ANCOM President, for 6 months at most.
ANCOM also deems necessary to amend the text, in view of clarifying certain provisions related to the provision of clearance, respectively delivery services. These services may be provided by third parties, on behalf and on the expense of the postal service providers, based on a contract concluded in written form. The proposed measure is deemed necessary since ANCOM found out that the provisions which oblige the postal service providers to conclude contracts subject to the clearance or delivery of postal items exclusively with other postal service providers generate an artificial rise of the number of providers, by means of authorising of certain persons who provide, on behalf and on the expense of another provider, certain clearance, respectively delivery services. This phenomenon creates a distorted image of the postal services market, leading to a “double accounting” of certain data and statistical indicators.
The draft decision is available for consultation on the ANCOM website. The interested entities may submit their comments and suggestions by 19 September 2009, at the ANCOM headquarters in 2 Delea Noua Street, Bucharest 3, directly to the Registry or by means of the Authority’s regional divisions. Comments may also be sent by fax to +40 372 845 402 or by e-mail to consultare@ancom.org.ro.
In Romania, there are 875 postal service providers and, according to the preliminary data the providers reported to the Authority, the postal service market was assessed to approximately RON 1.4 billion in 2008.