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Debates on new regulations regarding the general authorisation regime for the provision of postal services

       06.12.2023

The draft decision on the general authorisation regime for the provision of postal services was discussed during the most recent meeting of the Consultative Council. The decision to be adopted repeals the current decision and lays down a new regulatory framework, as a result of legislative changes and technological developments in recent years in the postal service market.

Main changes under the decision

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 situation of entities reselling postal services provided by a postal service provider, including through IT applications available on a website.

Also, the decision updates the list of postal services, as the category of postal services regulated distinctly outside the scope of universal service was restricted by the removal of the change of destination service, since currently this type of service is no longer suppllied by the providers according to the particularities established in the current general authorization regime for the provision of postal services. 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 the beneficiaries of public services and the 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 normative act lays down a single, fast and easy way of communication  between ANCOM and the postal service providers, via electronic mail.

At the same time, the normative act establishes 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 decision also sets 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, until July 1, 2024;
  • trademarks or trade names used for the provision of postal services, until March 15, 2024 ;
  • contact details necessary for effective communication regarding the resolution of user complaints, until March 15, 2024;
  • postal network (fixed access/contact points served by staff, automatic collection/delivery systems, other buildings belonging to the postal network), until April 15, 2024.

The decision is to be adopted and submitted for publication in the Romanian Official Journal, and will enter into force on the date of publication.

 

Debates on new regulations regarding the general authorisation regime for the provision of postal services

       06.12.2023

The draft decision on the general authorisation regime for the provision of postal services was discussed during the most recent meeting of the Consultative Council. The decision to be adopted repeals the current decision and lays down a new regulatory framework, as a result of legislative changes and technological developments in recent years in the postal service market.

Main changes under the decision

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 situation of entities reselling postal services provided by a postal service provider, including through IT applications available on a website.

Also, the decision updates the list of postal services, as the category of postal services regulated distinctly outside the scope of universal service was restricted by the removal of the change of destination service, since currently this type of service is no longer suppllied by the providers according to the particularities established in the current general authorization regime for the provision of postal services. 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 the beneficiaries of public services and the 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 normative act lays down a single, fast and easy way of communication  between ANCOM and the postal service providers, via electronic mail.

At the same time, the normative act establishes 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 decision also sets 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, until July 1, 2024;
  • trademarks or trade names used for the provision of postal services, until March 15, 2024 ;
  • contact details necessary for effective communication regarding the resolution of user complaints, until March 15, 2024;
  • postal network (fixed access/contact points served by staff, automatic collection/delivery systems, other buildings belonging to the postal network), until April 15, 2024.

The decision is to be adopted and submitted for publication in the Romanian Official Journal, and will enter into force on the date of publication.

 

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