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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 (in Romanian), 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.
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The ANCOM President’s Decision no. 313/2017 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.
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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.
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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.
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Starting with January 1, 2020, the maximum weight of a postal item is 31.5 kg.
So, the parcels exceeding 31.5 kg in weight are no longer subject to postal service.
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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.
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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 (in Romanian) 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.
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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.
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