Industry

The authorisation procedure for the providers

The authorisation procedure for gaining the right to provide postal services is free.
 
The persons who can submit the notification
Any person intending to start an activity consisting of the provision of postal services has the obligation to send ANCOM a notification on this intention, on the day of starting such activity at the latest.
 
The notification
The applicant will necessarily make the notification by filling in and sending the original standard notification form (Annex no.2), and enclosing the necessary documents, as case requires, which are part of the notification.

Romanian applicants

 
If you are a Romanian person, you must attach to the standard notification form (Annex no.2) the following documents:
  • copy of the registration certificate issued by the Trade Register (74 Unirii Blvd., Bucharest, sector 3, section 2+3, block J3B, switchover: +4021.316.08.17; 316.08.18; 316.08.24; 316.08.26, direct telephone to the secretariat of the management: telephone +4021.316.08.04, fax: +4021.316.08.03; public working hours: Monday to Friday 8:00 – 16:00), comprising the unique registration code of the legal person or of the authorised natural person, of the individual enterprise or of the family association, as the case may be;
  • copy of the proof of the capacity as a representative of the applicant for the person indicated in the standard notification form (e.g. copy of the constitutive act, with all subsequent amendments and completions / acknowledging certificate issued therefor by the Trade Register Office / mandate / power of attorney etc.) or copy of the identity act of the applicant-authorised natural person or of the holder of the individual enterprise;
  • the general conditions regarding the provision of postal services signed by the applicant’s representative (see the Guidelines on drawing up the general conditions).
If you are a Romanian non-profit-making legal person governed by private law, you must attach to the standard notification form (Annex no.2) the following documents:
  • copy of the fiscal registration certificate, as well as copy of the certificate of registration in the Associations and Foundations Register or in the Federations Register, as the case may be;
  • copy of the proof of the capacity as a representative of the applicant for the person indicated in the standard notification form (e.g. copy of the constitutive act, with all subsequent amendments and completions);
  • the general conditions regarding the provision of postal services signed by the applicant’s representative (see the Guidelines on drawing up the general conditions). 

Foreign applicants

If you are a foreign person with headquarters in the Member States of the European Union or of the European Economic Area, or if you are a foreign person with headquarters in a third state, established in Romania, you must attach to the standard notification form (Annex no.2) the documents provided for in the previous paragraphs, as appropriate.

When you intend to provide services via a secondary point of work without legal personality (i.e. the branch), in addition to the documents specified in the paragraphs above, as appropriate, you must also send the documents required to identify the parent-company, in copy and, respectively, translated into Romanian by an authorised translator.
 
If you are a foreign person with headquarters in the Member States of the European Union or of the European Economic Area but you are not established in Romania, you must attach to the standard notification form (Annex no.2) the following documents:
  • the documents equivalent to those provided in the previous paragraphs, issued in accordance with the legislation of the coming Member State, as the case may be, in copy and, respectively, translated into Romanian by an authorised translator;
  • the designation of a contact address in Romania for receiving the correspondence in relation with ANCOM (optional but advisable);
  • the designation of a person mandated to involve the applicant’s liability in relation with ANCOM and the identification documents for this person, in copy (optional but advisable);
  • the general conditions regarding the provision of postal services signed by the applicant’s representative (see the Guidelines on drawing up the general conditions).
The general conditions regarding the provision of postal services you establish will stand for the general clauses of the contract you will conclude with the sender, and they have a special importance given that users’ protection is one of the objectives pursued by ANCOM. The general conditions regarding the provision of postal services encompass the content provided for in point 3.14 under the General authorisation regime for the provision of postal services, Annex no.1 to the ANCOM President’s Decision no.313/2017. The Guidelines on drawing up the general conditions for the provision of postal services are available for consultation here.
 
All documents in a foreign language sent to ANCOM by an applicant or a provider must be accompanied by a translation into Romanian made by an authorised translator.
Submission of the notification to ANCOM
 
The documents may be sent to the ANCOM headquarters or its territorial structure within the area where the applicant’s/provider’s headquarters are located, only in one of the following ways:
  • by submission, personally or through a mandated representative of the applicant/provider;
  • by a postal service;
  • in electronic format, by e-mail, having included, attached or logically associated an extended electronic signature based upon a qualified certificate that has not been invalidated or revoked at the respective moment, generated using a secured device for creating electronic signature (at e-mail relatii_cu_publicul@ancom.org.ro or sag@ancom.org.ro).
The notification completion
The notification is deemed completed only if all the legal requirements related to submission, form and content are met.
 
You do NOT have the right to provide postal services until the notification is completed!
 
Legal effects of the notification
If you have done the notification pursuant to the legal provisions, you are considered a provider of postal services for the types of services specified in the notification, gaining the specific rights and obligations set under the general authorisation regime, from the date indicated in the standard notification form as the estimated date for starting the provision of the respective types of services, but not earlier than the date when this notification is submitted.
Gaining the right to provide a certain type of postal service does NOT entail gaining the right to provide another type of postal service.
 
Gaining the right to provide postal services in Romania does NOT entail gaining the right to provide the respective postal services on the territory of another state.
 
Changes of the data in the notification
Any modification of the data included in the notification must be communicated to ANCOM within 15 days from the date of its occurrence, respectively, where applicable, from the date of its registration with the competent institutions, by means of a plain notification accompanied by the justifying documents, as the case may be.

 

The foreign person who has established in Romania after gaining the capacity as a provider has the obligation to inform ANCOM thereon within 15 working days.