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ANCOM Proposes a New General Authorisation Framework for Postal Services

29.11.2016

The National Authority for Management and Regulation in Communications of Romania (ANCOM) published for public consultation a draft decision on the general authorisation regime of postal service providers. Any company that intends to provide postal services must go through the general authorisation procedure before starting the actual provision.

The draft decision aims at transposing to the utmost extent the latest amendments and completions of the current general legislative framework, while bringing the relevant secondary legislation in line with the most recent innovative trends in the field, following the developments in the postal services market. Moreover, in drafting the decision, ANCOM meant to clarify certain aspects, which was deemed necessary in the context of the Authority’s applying the secondary legislation.

ANCOM also aims at enhancing transparency in the postal services market, the draft normative act including the obligations of postal service providers as regards making available relevant information to the users.

Amendments proposed by the draft decision

In accordance with the new legal provisions, the scope of universal service has been reduced by excluding certain services that involve large numbers of postal items.

Furthermore, the Standard-certificate attesting the right to provide postal services must be issued and sent within 15 working days. The same period applies for the issuance of the Authority’s request to comply with the legal provisions, when a notification is not in conformity with these provisions. 

The draft decision provides new rules for the registered items service, as well, in pursuit of ensuring fair and transparent conditions in the user-provider relationship. The provider is allowed to identify, in the general conditions for the provision of postal services, the moment by which a sender can ask for a proof of delivery – respectively of handing over – of the postal item, as well as the moment when the requested proof will be communicated to the respective sender. Given the definition of the insured items service, similar provisions are applicable to this service.

Amendments have been proposed also regarding the Express service, in order to ensure the conditions for the provision of this service according to its characteristics, as well as a clear and accurate information of the users.

Providers’ obligations

Following the amendments and completions proposed by the draft decision under public consultation, until 31 July 2017, all the postal service providers have the obligation to send ANCOM the general conditions for the provision of postal services, updated in accordance with the legal provisions  of this draft normative act. The providers who fail to fulfil this obligation, within the terms and conditions established in the normative act, will lose their capacity as postal service providers.

The public consultation

The Draft Decision of the President of the National Authority for Management and Regulation in Communications on the general authorisation regime for the provision of postal services is available for consultation here. The interested persons are invited to send their comments and suggestions, by 12.01.2017, 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.