ANCOM published for consultation the draft decision on the general authorisation regime for the provision of postal services. Taking into account the legislative changes in the primary regulatory framework and the recent years’ technological developments towards digitalization in the postal services market, which have stimulated the sector development in multiple areas, the draft decision aims to lay down a new regulatory framework and repeal the current decision, in order to better harmonize the provisions of secondary legislation with the primary legislation in the field and to adjust its provisions to the innovations in the field.
Main changes proposed
The draft decision proposes a change in the weight limit of parcels, in accordance with the relevant regulations, from 50 kg to 31.5 kg, and clarifies the very situation of entities reselling postal services provided by a postal service provider, including through IT applications available on a website.
ANCOM also proposes updating the list of postal services: the change of destination service will thus be removed from the category of postal services regulated outside the scope of universal service. According to the characteristics set out in the current general authorisation regime for the provision of postal services, the provision of this type of service is no longer governed by that regulation. It should be noted that, although this service will no longer be individually defined as a separate postal service, it can still be provided as an additional feature of a separate postal service.
According to the legal provisions on simplifying administrative procedures in the relationship between beneficiaries of public services and public administration, applicants/providers registered in Romania will not be required to submit certain documents, to the extent that the Authority is allowed to access, respectively verify the data necessary to identify them and their legal representative, in databases managed by other public authorities or institutions.
As regards the transmission of documents, in the context of digitization, the draft normative act proposes a unique way of communication, fast and easy, between ANCOM and the postal service providers, via electronic mail.
At the same time, the draft normative act proposes the establishment of new rules and conditions for:
- delivery of postal items based on an alphanumeric code (PIN code) or PAD signature and defining these methods as additional means of identifying the addressee, upon delivery;
- providers operating exclusively the resale of postal services, including by means of software applications available on a website;
- using automatic delivery/collecting systems for postal items (lockers), by regulating minimum locker storage terms for the user to collect the postal item, a procedure for informing the user about the arrival of the postal item, notification in case of non-collection of postal items, marking the postal items, etc.
The draft also proposes the deadlines by which postal service providers will have to send ANCOM information on:
- the general conditions for the provision of postal services updated in accordance with the amendments and additions proposed by the draft decision under public consultation;
- trademarks or trade names used for the provision of postal services;
- contact details necessary for effective communication regarding the resolution of user complaints;
- postal network (fixed access/contact points served by staff, automatic collection/delivery systems, other buildings belonging to the postal network).
Public consultation
The draft decision of the National Authority for Management and Regulation in Communications on the general authorisation regime for the provision of postal services is available – in Romanian – here. Interested entities are invited to send comments and suggestions not later than 15.09.2023, to the ANCOM Headquarters (2 Delea Noua Street, 3rd District, Bucharest), as well as using the Online 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.ro.