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Removal of CNPR Reserved Right, Final Step to Market Liberalisation



ANCOM is making the final step towards the full liberalisation of the postal market by means of two draft decisions, submitted to public consultation today, which aim at extending with one year the capacity as a universal service provider of the Romanian Post National Company (CNPR), removing the company’s reserved right to provide certain services, as well as establishing a new mechanism to compensate the possible losses registered by CNPR as a result of fulfilling the universal service obligations. Furthermore, the decisions propose modifications to the conditions of elaborating and auditing the separate financial statements by CNPR, in view of obtaining the necessary information to calculate the net cost of the provision of services within the scope of universal service.
The amendments and completions to the secondary regulatory framework submitted to public consultation are aimed at ensuring that the universal service is continuously provided until the transposition into the national primary legislation of the European legal framework in the postal sector, while offering all the providers the opportunity to provide any service on the postal market by removing all the exclusive rights.
Therefore, after 31 December 2012, the date of expiry of the exclusive right of CNPR to provide postal services dealing with correspondence items weighing less than 50 g and costing less than RON 2, regardless of whether their delivery is accelerated or not, any postal provider may provide any type of service.
Given that the national legal framework is being currently amended so that Romania could observe the obligation to transpose the Community legislation in the field, ANCOM proposes to extend with one year the capacity as a universal service provider of CNPR, respectively until 31 December 2013, in order to further ensure the users’ right to benefit from a minimum set of postal services at a certain quality in any locality throughout Romania by means of universal service.
As well, the Authority proposes to establish a new mechanism to compensate the net cost resulted from the universal service provision. The net cost of the universal service provision represents the losses registered by the universal service provider upon fulfilling his obligations as a universal service provider. The net cost will be compensated only at the request of the universal service provider and the compensation will be financed from a universal service fund administered by ANCOM.  
The universal service provider will submit to the Authority a statement on the costs, revenues and capital engaged for the provision of the services within the scope of universal service, certified by an independent auditor. Furthermore, the universal service provider will have the obligation to keep separate accounts within its internal accounting system for the activities related to the provision of the services within the scope of universal service.

The draft decision on the conditions of preparing and auditing the separate financial statements by CNPR and the draft decision amending and completing certain regulations on the designation conditions and procedure, as well as on the designation of the universal service providers in the postal sector are available for consultation here. The interested parties are invited to submit their comments and suggestions until 26.10.2012 to the ANCOM headquarters in 2 Delea Noua Street, sector 3, Bucharest, directly to the ANCOM Registry office or to the ANCOM Regional Divisions. Comments and suggestions may also be sent by fax to +40.372.845.402 or by e-mail to: