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- September 2019 >> New regulations for the Romanian postal market
New regulations for the Romanian postal market
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26.09.2019
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According to the Government Ordinance no. 27/2019 adopted early this month, the postal service providers authorised in Romania must submit to the regulatory authority a series of information and statistical data concerning the cross-border parcel delivery services, in accordance with the Regulation(EU) 2018/644, under the risk of being sanctioned otherwise. As well, the persons intending to resell postal services, including by means of an information platform, have the obligation to notify this intention to ANCOM starting 1 January 2020.
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Sanctions for the non-observance of the obligation to submit statistical data
The Government Ordinance no. 27/2019 adopted the sanctioning regime applicable in the cases of non-observance of the provisions under Regulation (EU) 2018/644 on cross-border parcel delivery services, which lays down that the postal service providers authorised in Romania will need to update or submit to ANCOM a series of statistical data.
Thus, ANCOM may sanction the providers by fines ranging from 5,000 lei up to 2% of the turnover if they do not observe the obligation to update certain information (such as their identification data, the characteristics and the description of the parcel delivery services, the general terms and conditions for parcel delivery services), or by administrative fines between 100 lei and 15,000 lei for each day of delay in order to determine them to provide the information specified in Regulation (EU) 2018/644, representing statistical data on: the number of processed domestic parcels, the number of parcels incoming to and/or outgoing from Romnaia, the turnover generated by the parcel delivery services provided at an international, European and global level, a publicly available list of prices etc.
Resellers of postal services, obliged to notify ANCOM
The postal services are provided under the terms of the general authorisation regime (the legal regime adopted by the regulatory authority setting the rights and obligations of the postal service providers and allowing the provision of postal services upon notifying the intention to provide such services).
Consequently, any person intending to provide postal services accross Romania has the obligation to notify ANCOM in this regard.
According to the legsilation amendments, starting 1 January 2020, the persons intending to resell postal services, including by means of information applications available on various webpages, have the obligation to notify ANCOM on this intention. The notification will be made by filling in a standard-form elaborated by ANCOM, available here. Based on the registered notifications, the Authority sets up, updates and publishes the PublicRegistry of postal service providers.
The provision, offering or resale of postal services by persons/commercial entities that are not authorised by ANCOM to provide postal services are sanctioned by fines up to 5,000 lei, for natural persons, and by fines from 5,000 lei up to 2% of the turnover, in the case of legal persons.
Other legislative amendments
The Government Ordinance no. 27/2019 also provides that:
·       From 1 January 2020, the parcels exceeding 31.5 kg will no longer be considered postal items;
·       The delivery of food items prepared in view of immediate consumption, including the beverages accompanying these food items, do not fall into the category of postal services;
·       In case of loss, theft or destruction of the postal item, the provider has the obligation to grant the sender 5 times the tariff of the service for the postal items that are not subject to a service for insured items or to a pay-on-delivery service.
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