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 Regulatory Authority for Communications and Information Technology 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 lays down the authorisation procedure for those who intend to provide postal services, as well as the conditions under which postal service providers benefit from the general authorisation regime, currently reflecting the thorough harmonisation of the secondary legislation on the provision of postal services with the European legislation and with the primary legislation in the postal field, as well as with the legislation from areas related to ANCOM’s activity, under the conditions of a free competitive market.
Thus, the general authorisation regime allows the provision of postal services without having obtained an explicit decision from ANCOM, so the submission of a simple notification on the intention to provide postal services suffices.
A postal service provider has the right to conclude agreements stipulating the provision, by third parties, of certain services of clearance, sorting, transport and delivery of postal items. The clearance and delivery of postal items can only be performed directly by a postal service provider or indirectly, by means of a third party, which provides these services on behalf and on the account of the postal service provider, based on an agreement concluded in written form. In the latter instance, liability in relation to the users, for the provision of the postal service, will be fully incumbent on the postal service provider.
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, with the subsequent amendments and completions, 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.