Print

The general authorisation regime for the provision of postal services

At present, the provision of postal services is mainly regulated by Government Emergency Ordinance no.13/2013 on postal services, with the subsequent amendments and completions, and by the Decision of the President of the National Authority for Management and Regulation in Communications no.313/2017 on the general authorisation regime for the provision of postal services, published in the Romanian Official Journal, Part I, no. 275 of 20 April 2017.
The ANCOM President’s Decision no. 313/2017, a normative act which – upon its entry into force – repealed the ANRCTI President’s Decision no. 2858/2007 on the general authorisation regime for the provision of postal services, with the subsequent amendments and completions, lays down the authorisation procedure for those who intend to provide postal services, as well as the conditions under which the postal service providers benefit from the general authorisation regime in view of ensuring a free competitive market and of safeguarding the postal users’ interests.
As a result of the entry into force of a new general authorisation regime for the provision of postal services, all the postal providers have the obligation to send ANCOM, by 31 October 2017, the general conditions regarding the provision of postal services, updated in line with the provisions of the ANCOM President’s Decision no. 313/2017.
The general authorisation regime allows the countrywide provision of postal services without previously obtaining an explicit decision from ANCOM. The submission of a notification to ANCOM on the intention to provide postal services suffices.
The postal service provider has the right to conclude agreements stipulating the provision, by third parties, of certain services of clearance, sorting, transport or delivery of postal items. The clearance and delivery of postal items can be performed directly by a postal service provider or indirectly, on behalf and on the account of the postal service provider, by means of either a party holding the capacity of postal service provider or a third party which does not have such capacity, based on an agreement concluded in written form. In the latter instance, the liability in relation to the users for the provision of the postal service will be fully incumbent on the postal service provider which performs operations of clearance, sorting, transport or delivery of postal items through any third party that performs these operations on its behalf and on its account.
We recommend to all interested persons and in particular to the postal service providers, as well as to the persons intending to provide postal services, to carefully study the provisions of Government Emergency Ordinance no.13/2013 and of the ANCOM President’s Decision no. 313/2017, in order to clearly identify all the rights and obligations they have or will have in their relation with the users, the integrators, the other postal service providers and ANCOM.
The legal provisions in force both in Romania and at the European level divide the postal services into two categories: postal services within the scope of universal service and postal services outside the scope of universal service.

1. Postal services within the scope of universal service

  • Clearance, sorting, transport and delivery of domestic and cross-border postal items weighing up to 2 kg (included), consisting of:
    • items of correspondence;
    • printed matter;
    • small packages, as provided for in the Universal Postal Convention and in the Letter-post Regulation;
  • Clearance, sorting, transport and delivery of domestic and cross-border cecogrammes;
  • Clearance, sorting, transport and delivery of domestic and cross-border postal parcels weighing up to 10 kg (included);
  • Distribution of cross-border postal parcels weighing from 10 kg up to (including) 20 kg sent from abroad to an address situated on the territory of Romania;
  • Service for registered items consisting of domestic and cross-border items weighing up to 2 kg (included):
    • items of correspondence;
    • printed matter;
    • small packages, as provided for in the Universal Postal Convention and in the Letter-post Regulation;
  • Service for insured items dealing with the following postal items:
    • domestic and cross-border items weighing up to (including) 2 kg;
    • domestic and cross-border postal parcels weighing up to (including) 10 kg;
    • cross-border postal parcels weighing from 10 kg to (including) 20 kg sent from abroad to an address situated on the territory of Romania.†

2. Postal services outside the scope of universal service

  • Services dealing with bulk items of correspondence, bulk postal parcels, bulk printed matter, as well as with bulk small parcels;
  • Services dealing with the clearance, sorting, transport and delivery of domestic and cross-border postal items above 2 kg:
    • items of correspondence;
    • printed matter;
  • Direct mail dealing with domestic and cross-border postal items;
  • Clearance, sorting, transport and delivery of M-bags;
  • Clearance, sorting, transport and delivery of domestic postal items weighing from 10 kg to (including) 50 kg;
  • Clearance, sorting and transport of cross-border postal parcels weighing from 10 kg to (including) †50 kg sent from Romania to an address situated abroad;
  • Services dealing with distribution of cross-border postal parcels weighing from 20 kg to (including) 50 kg sent from abroad to an address situated on the territory of Romania;
  • Cash-on-delivery;
  • Change of destination;
  • Special delivery;
  • Advice of delivery;
  • Express;
  • Domestic and cross-border money orders on paper support.†

The postal service providersí authorisation procedure
Notification form (English translation)
Waiving the capacity as a provider
GUIDE on the drawing up of the general conditions for the provision of postal services