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Government Ordinance no. 31 of 30 January 2002 on Postal Services 



In accordance with the provisions of article 107 of the Romanian Constitution and of article 1, indent VI.1 from Law no. 751/ 2001 concerning the ability of the Government to issue ordinances,

The Romanian Government hereby adopts the present ordinance:


CHAPTER I: General provisions

Article 1
This ordinance aims at establishing the conditions for the provision of postal services and for ensuring the access to the universal service, with a view to create a competitive market and to promote users’ interests.

Article 2
For the purposes of this law, the terms below shall have the meanings ascribed as follows:

a) postal services – services available to the public, consisting of the clearance, sorting, transport and delivery to the addressees of postal items, whose provision has professional character and is made in consideration of a profit;
b) public postal network – the system of organisation and resources of any kind used by a provider of postal services mainly for the purposes of:
- the clearance of postal items from all access points;
- the routing and handling of those items from the access points to the distribution centres;
- the distribution of the postal items to the addresses shown on them;
c) access points – all the physical facilities, including letter boxes provided for the public either on public highways or at the premises of the providers of postal services, where postal items may be deposited with the public postal network;
d) contact points – physical facilities where postal items may be delivered to addressees;
e) clearance – the operation of collecting postal items deposited at access points;
f) distribution – the process from sorting at the distribution centre to delivery of postal items to their addressees;
g) postal item – an item addressed in the final form in which it is to be carried by the service provider; in addition to items of correspondence, postal items may also consist of books, catalogues, newspapers, periodicals or postal packages containing goods with or without commercial value;
h) item of correspondence – a communication in written form, printed, impressed or recorded on any kind of physical medium to be conveyed and delivered, by other means than electronically, at the address indicated by the sender on the item itself or on its wrapping; books, catalogues, newspapers and periodicals shall not be regarded as items of correspondence;
i) cross-border mail – a postal item sent from the Romanian territory to an address which is not situated on this territory or sent from outside the Romanian territory to an address situated on the Romanian territory;
j) direct mail – domestic and cross-border postal items to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping, consisting solely of advertising, marketing or publicity material and comprising an identical message, except for the addressee's name, address and identification number, as well as other modifications which do not alter the nature of the message, which is sent to a significant number of addressees, established by the regulatory authority. The following do not represent direct mail:
- bills, invoices, financial statements and other non-identical messages;
- postal items combining direct mail with other items within the same wrapping;
k) service for registered items – a postal service whose particularities consist of providing a flat-rate guarantee against risks of loss, theft, total or partial destruction, or damage of the postal item, and supplying the sender, upon request, with proof of the deposit of the postal item at the access point or of its delivery to the addressee;
l) service for insured items – a postal service whose particularity consists of insuring the postal item for the value declared by the sender in the event of loss, theft, total or partial destruction, or damage;
m) cash-on-delivery service – a postal service whose particularity consists of the payment of the value of the good that is the object of the postal item by the addressee to the sender, using the public postal network;
n) financial-postal services – the cashing in, payment and funds transfer services, offered by the providers of postal services by the agency of the public postal network;
o) document exchange service – the provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service;
p) provider of postal services – any natural or legal person supplying postal services;
q) universal service provider – any provider of postal services supplying one or more postal services included in the scope of the universal service, in the area and under the special conditions set out by the regulatory authority, and which is designated by the regulatory authority for this purpose;
r) authorisation – any act setting out rights and obligations specific to the postal sector and allowing for the provision of postal services, in the form of a general authorisation or individual licence, as follows:
- general authorisation – an authorisation which does not require the obtainment of an explicit decision by the national regulatory authority before exercising the rights stemming from the authorisation, regardless of whether this procedure requires the applicant to make a notification or a declaration, or the regulatory authority to effect a registration;
- individual licence – an authorisation granted to a provider of postal services, which gives to that provider specific rights, or which subjects that provider's operations to specific obligations supplementing the general authorisation, where applicable, authorisation which is necessary for the exercise of the corresponding activities, if the provider is not entitled to exercise the concerned activities until it has received the explicit decision by the regulatory authority;
s) terminal dues – the remuneration of universal service providers for the distribution on the Romanian territory of incoming cross-border mail comprising postal items sent from outside the Romanian territory;
t) sender – the natural or legal person that effectively generates the postal item and deposits it with the public postal network, in person or by the agency of a third party;
u) addressee – the natural or legal person to whom the postal item is addressed;
v) user – the natural or legal person that benefits from the provision of postal services as a sender or an addressee;
w) essential requirements – general non-economic conditions imposed by the State on the supply of postal services, consisting of the protection of the secrecy of correspondence, ensuring the security of the public postal network as regards the transport of dangerous goods and, where justified, protection of personal data, ensuring the confidentiality of information transmitted or stored, protection of privacy, environmental protection and regional planning;
x) value-added services – postal services whose characteristics meet particular users’ requirements; such characteristics are, for instance: delivery to the addressee in person or to his authorised representative, delivery on appointment, guaranteed time of delivery, more than one attempt at delivery, delivery according to the priority or sequence specified by the sender, confirmation to the sender of delivery, the option to effect a change of destination or of addressee in course of transit or if delivery to the primary destination fails, monitoring of the postal item during the transit (tracking & tracing) and other characteristics of this kind; transmission to or receipt by a provider of postal services of a postal item’s content, by electronic means, for the purpose of sorting, printing or preparation of mail does not represent an additional characteristic within the meaning of this definition.

Article 3
The provisions of this ordinance shall not apply to the following services:

a) the transport and delivery by the real sender in person of its own postal items;
b) the transport and delivery by a subsidiary of the sender or by a legal person from the same group of the postal items of the sender, where the items refer to the commercial activity of the sender and are aimed at satisfying an interest of the sender related to this activity;
c) the clearance, sorting, transport and delivery, performed against no remuneration and using no intermediary, by natural persons empowered for this purpose by the sender or by the addressee, of the postal items of the sender except for the direct mail;
d) the clearance, sorting, transport and delivery of postal items by a service organised for the exclusive use of public authorities, on grounds of special legal provisions;
e) the clearance, sorting, transport and delivery, performed against no remuneration, of the documents strictly referring to the goods they are transported with and intended to be delivered together with these goods.

Article 4
(1) The secrecy of postal items is inviolable.
(2) The providers of postal services and their employees are obliged to respect the secrecy of correspondence, the provisions of article 195 of the Criminal Code being applicable.
(3) The retaining, remitting or opening of the postal items is permitted only in the following situations and under the ascribed conditions:

a) upon request by the policy inquiry bodies, by the courts, by the customs bodies or by other authorities or bodies duly empowered, under the conditions provided in the legal instruments that regulate their activity;
b) in the case of suspicion regarding the perpetration of one of the misdemeanours mentioned in Article 58, provided that the postal item is opened by one of the persons mentioned in Article 61 paragraph (1), in the presence of the sender or of the addressee, or, if this is not possible, in the presence of a neutral witness, and the identity of the persons that opened the item and of those who assisted at the opening of the item to be mentioned in a written record signed by all the parties who are present.




CHAPTER II: The universal service

Article 5
(1) The right to access the universal service represents the right to benefit from the permanent provision of the postal services included in the scope of the universal service, at certain quality standards, in any location within the Romanian territory, at affordable tariffs for all users.
(2) Any natural or legal person, either Romanian or foreign, has the right to access the universal service.
(3) The regulatory authority sets out the conditions for the placement of the access points and of the contact points, so that their density takes account of the users’ needs, as well as the quality standards of the postal services included in the scope of the universal service.
(4) The services included in the scope of the universal service are the following:
a) clearance, sorting, transport and delivery of the postal items, domestic or cross-border, up to 2 kilograms;
b) clearance, sorting, transport and delivery of postal parcels, domestic or cross-border, up to 10 kilograms;
c) distribution of postal packages up to 20 kilograms, sent from outside the Romanian territory to an address which is situated on the Romanian territory;
d) service for registered items and insured items, either domestic or cross-border;
e) service for insured items, either domestic or cross-border;
f) any other postal services designated for this purpose by Government Decision, if they meet social or economic needs of users that cannot be satisfactorily met in the conditions of a competitive market.
(5) The regulatory authority may increase the weight limit provided in paragraph (4) letter b) up to 20 kilograms and may lay down special arrangements for the door-to-door delivery of those postal packages. 
(6) The minimum and maximum dimensions for the postal items included in the scope of the universal service shall be set out by the regulatory authority, in accordance with the provisions of the instruments adopted by the Universal Postal Union.

Article 6
(1) Universal service provider shall be that provider of postal services that supplies services included in the scope of the universal service and is designated by the regulatory authority in accordance with the provisions of paragraphs (2) to (5).
(2) The regulatory authority sets out, with the consultative opinion of the Competition Council, the conditions and the procedure on basis of which the providers of postal services are designated as universal service providers, in observance of the provisions of paragraphs (3) to (5).
(3) The regulatory authority may designate, ex officio or upon request, one or more universal service providers, stipulating at the same time, for each case, the services within the scope of the universal service whose provision by the designated service provider is mandatory, the area in which that provider has to perform its universal service obligations, the special conditions he has to comply with, as well as the rights he is benefiting from in the provision of the universal service. 
(4) In cases where the regulatory authority designates several service providers who are competing in the same service market, the area where each of them has to perform its universal service obligations shall be established in a way that prevents the creation of an unfair disadvantage for any of them in the market where they are competitors. In doing that, the regulator shall give due consideration to the principle of equitable apportionment of areas from the point of view of profitability in the provision of postal services and to the competitive advantages that each of the competitors benefits from. 
(5) Only a provider that ensures the conditions stipulated in this ordinance for the provision of the postal services within the scope of the universal service may be designated as universal service provider.

Article 7
(1) Any universal service provider has the obligation to ensure, in every village or town from the area where it performs its universal service obligations, at least one clearance from every access point and at least one delivery to the home or premises of every natural or legal person, every working day and not less than five days a week, save in cases or geographical conditions deemed exceptional by the national regulatory authority.
(2) By way of derogation from the provisions of paragraph (1), the regulatory authority may establish that the delivery may be made to appropriate installations, under determined conditions.

Article 8
In performing its universal service obligations, any universal service provider has to comply in a cumulative fashion with the following general conditions:

a) to guarantee compliance with the essential requirements;
b) to offer an identical service to users under comparable conditions;
c) to make its services available to all users, without any form of discrimination whatsoever, especially without discrimination arising from political, religious or ideological considerations;
d) to ensure that the provision of services is not interrupted except in cases of force majeure;
e) to ensure a continuous evolution of the services in response to the technical, economic and social requirements, as well as the adaptation of the services to the needs of users.

Article 9
(1) Any universal service provider has the obligation to make regularly available to users detailed and up-to-date information regarding the particular features of the services within the scope of the universal service it provides, with special reference to the general conditions of access to these services as well as to the tariffs and the quality standard levels of these services.
(2) The information mentioned in paragraph (1) shall be published on the expenses of the universal service provider and under the conditions set out by the regulatory authority.


Article 10
(1) The universal service providers have the obligation to ensure users’ access to the public postal network operated by them, under conditions of transparency, objectivity and non-discrimination.
(2) The regulatory authority may impose on the universal service provider having a dominant position on a relevant market, with the consultative opinion of the Competition Council, obligations concerning the conditions under which they have to allow for the access to the public postal network operated by them to other providers of postal services, if such a measure is necessary for the purpose of ensuring a competitive environment and the observance of principles of transparency, objectivity and non-discrimination.


CHAPTER III: Rights of the universal service providers

Article 11
In order to ensure the provision of the universal service, the universal service providers shall have the following rights: 

a) priority right in what concerns the rental of the necessary premises for the transport of the postal items and postal money orders, located in free areas, or property of or administered by private or state-owned companies, whose object of activity covers the field of railway, maritime, fluvial or air transportation;
b) priority right to transport postal items and postal money orders by private or state-owned companies whose object of activity covers the field of railway, maritime, fluvial or air transportation, as well as priority access right to the means of transportation property of or administered by them;
c) access right and priority to the border points and to the customs authorities;
d) the right to use the public domain for installing and operating letter boxes, obtained on basis of the authorisation issued by the competent body of the local or central public administration in charge with the domain in question;
e) the right to benefit of the sums or of the advantages of any other kind to which they are entitled on grounds of any mechanism of compensation of the costs involved by the provision of the postal services within the scope of the universal service, in keeping with the conditions established by the law and by the regulatory authority;
f) the right to act in international relations in the capacity of universal service provider and to conclude operational agreements in the above capacity; 
g) the right to use the specific international forms established by the international instruments ratified or approved by Romania. 


CHAPTER IV: Reserved rights 

Article 12
(1) The right to deliver one or several postal services having as object domestic or cross-border items of correspondence, whose weight and tariff are smaller than the values established by Government Decision, may be reserved by the regulatory authority to one or several universal service providers, to the extent necessary for performing the services within the scope of the universal services they are in charge with. The services that constitute the object of such a right reserved by the regulatory authority are hereinafter referred to as reserved services. 
(2) The values established in accordance with paragraph (1) cannot exceed 350 grams, respectively 5 times the public tariff corresponding to an item of correspondence in the first weight step of the fastest standard category. 

Article 13
The right to deliver one or several of the following services cannot be reserved, regardless of the weight of the postal items constituting their object or of the applicable tariff, in the case of:

a) value-added services;
b) direct mail services;
c) document exchange services.

Article 14
The sphere of the reserved services, established in accordance with articles 12 and 13, may be limited by Government Decision, with a view to the gradual and controlled liberalisation of the postal services market. 


CHAPTER V: Authorisations

Article 15
(1) The provision of the postal services included within the scope of the universal service may take place only on basis of an individual license.
(2) The individual license may contain, among others, obligations concerning the performance of services within the scope of the universal service, including requirements regarding the quality, the availability and the conditions of delivery of the said services, obligations related to the respect of the rights reserved to the universal service providers in accordance with the provisions of chapter IV, as well as obligations concerning the possible contributions due by the holder on grounds of a mechanism of compensation of the costs involved by the delivery of the postal services within the scope of the universal service. 
(3) The individual license shall specify the obligation of its holder to respect the essential requirements as well as the legal provisions regulating these essential requirements, including the ones comprised in the regulations issued on grounds of this ordinance.
(4) The regulatory authority establishes the conditions and the procedure for the granting, withdrawal and suspension of the individual licenses, as well as the content of the licenses, including the obligations undertaken by their holders, in the light of the provisions of paragraphs (2) and (3), respecting at the same time the principles of transparency, non-discrimination, proportionality and objectivity. 
(5) The term for granting the individual license or for communicating the decision to reject the application for the individual license is of 90 days from the date of the registration of the application. 
(6) In the case where the applicant is required to remit documents, supplementary information or clarifications in order to be granted the individual license, the term specified in paragraph (5) is suspended until such documents, information or clarifications are received. 

Article 16
(1) The provision of the postal services which are not included within the scope of the universal service may take place on basis of a general authorisation.
(2) The general authorisation is granted provided that the applicant undertakes the obligation to respect the essential requirements, as well as the legal provisions regulating these essential requirements, including the ones comprised in the regulations issued on grounds of this ordinance.
(3) The regulatory authority sets out the conditions and the procedure for the granting, withdrawal and suspension of the general authorisation, as well as the obligations undertaken by the holders, respecting at the same time the principles of transparency, non-discrimination, proportionality and objectivity. 
(4) The general authorisation is deemed to have been obtained within 45 days from the date when the application was registered, save for the situation where the applicant was notified within this time interval of the decision not to grant the authorisation. 
(5) In the case where the applicant is required to remit documents, supplementary information or clarifications in order to be granted the general authorisation, the term specified in paragraph (4) is suspended until such documents, information or clarifications are received.

Article 17
(1) For the authorisation activity, under the conditions of this chapter, the regulatory authority collects authorisation fees, as specified in the annex that represents an integral part of this ordinance. 
(2) The authorisation fees may be modified by Government Decision, depending upon the evolution of the inflation index. 
(3) The manner in which the authorisation fees are cashed in is set out by the regulatory authority. 
(4) The amounts resulted from the cashing in of the authorisation fees constitute revenue to the state budget. 
(5) The failure to pay the authorisation fees within the term set out by the regulatory authority leads to the rejection of the application for being granted the individual license or the general authorisation, as the case may be. 

Article 18
(1) The decision of rejecting the application for being granted the individual license and the decision not to grant the general authorisation must be supported by arguments and shall be communicated to the applicant within the term specified in article 15 paragraph (5), respectively within the term specified in article 16 paragraph (4), and they may be contested by the applicant in accordance with the legal provisions governing the contentious business falling within the competence of the administrative courts. 
(2) The decision to withdraw or to suspend an individual license or a general authorisation must be supported by arguments and shall be communicated to the applicant within the term of 30 days from the issuance of the decision, and such decision may be contested by the applicant in accordance with the legal provisions governing the contentious business falling within the competence of the administrative courts. 

Article 19
The provision of the registered mail service having as object a procedural act issued by a Romanian court may take place only in the conditions set forth by the regulatory authority. 



Article 20
(1) The natural or legal persons that have obtained the individual license in accordance with article 15 or that benefit from the general authorisation in accordance with article 16 are deemed authorised to deliver postal services within the meaning of this ordinance.
(2) The natural or legal persons who deliver transportation services or perform other activities similar with or adjacent to transportation of goods, authorised on grounds of article 22 paragraph (1) of the Government Ordinance no. 19/ 1997 regarding transportation, republished, with the ulterior modifications and additions, as well as on grounds of any other normative acts, and which do not meet one of the conditions specified in paragraph (1) are not deemed to be authorised to provide postal services within the meaning of this ordinance. 


CHAPTER VI: Tariffs and accountability

Article 21
The tariffs for the delivery of the postal services are established by taking into consideration the economic efficiency, ensuring the right to access to the universal service and the development of the public postal network. 

Article 22
(1) The tariffs of the postal services within the scope of the universal service must be affordable, transparent, non-discriminatory and geared to costs.
(2) The universal service providers who were reserved the right to provide one or several postal services within the scope of the universal service, in accordance with the provisions of article 12, are obliged to submit the tariffs for the reserved services to approval by the regulatory authority and to present these tariffs to the general public with at least 30 days before the date when these tariffs are to enter into force, in the conditions set forth by the regulatory authority. 
(3) In order to approve the tariffs for the reserved services, the regulatory authority shall request the advisory opinion of the Competition Office. 
(4) In the situation where a universal service provider applies reduced tariffs in the case of a large volume of items from the same sender, he is obliged to apply the principles of the transparency and non-discrimination in what concerns both the tariffs and the conditions related hereto.
(5) The reduced tariffs applied in accordance with the provisions of paragraph (4) have to be geared to costs and are to be made public at the expense of the universal service provider and under the conditions set out by the regulatory authority. 
(6) The regulatory authority may establish that the universal service providers have to maintain a uniform level of the tariffs for the services within the scope of the universal service they are obliged to provide, on the entire geographical area where they provide such services. 

Article 23
(1) The universal service providers have to respect the following principles when concluding agreements regarding the terminal dues for the cross-border postal items sent from outside the Romanian territory to an address situated in the Romanian territory: 

a) the terminal dues shall be fixed in relation to the costs of processing and delivering cross-border postal items;
b) the levels of the tariffs shall be related to the quality of service achieved;
c) terminal dues shall be transparent and non-discriminatory.
(2) In the case where such agreements do not exist, the universal service suppliers shall apply the provisions of the international instruments in this field, ratified or approved by Romania. 

Article 24
(1) The universal service providers shall keep separate accounts, within their internal accounting systems, for each of the services within the reserved sector on the one hand and for the non-reserved services on the other hand.
(2) In the accounts of the non-reserved services a distinction must be drawn between the services included within the scope of the universal service and those that are not included in this scope.
(3) The regulatory authority may impose on the providers of postal services the obligation to keep separate accounts in other cases also, and may establish the conditions under which this obligation is to be fulfilled, for a coherent application of the principles of analytic accountability. 
(4) The cost allocation methodology in the case of reserved and non-reserved services shall be set out by the regulatory authority. Other methodologies may be used only if they are in keeping with the provisions of paragraphs (1)-(3) and if they are approved by the regulatory authority.
(5) The observance of the cost allocation methodology specified in paragraph (4) by a universal service provider is verified by a body independent of the said provider. The universal service providers have the obligation to publish on an annual basis a declaration on their own responsibility concerning the observance of this methodology, at their own expense and under the conditions set out by the regulatory authority. 
(6) The annual financial accounts of each universal service provider have to be drawn up, submitted to audit by an independent auditor and published on an annual basis at the provider’s expense and under the conditions set out by the regulatory authority. 

Article 25
This ordinance hereby forbids the subsidising of the non-reserved postal services with the revenues obtained from the provision of the reserved services, except for the cases where such subsidising is strictly necessary for the fulfilment of the obligations regarding the provision of the postal services within the scope of the universal service. 

Article 26
(1) The categories of cross-border postal items whose gratuity is specified in international agreements to which Romania is party are not subject to tariffs.
(2) Other gratuities may also be established by Government Decision, indicating the modalities of financial compensation of the provider of postal services designated to deliver such services. 



CHAPTER VII: Protection of users

Article 27
(1) The providers of postal services establish the rules applicable to the postal services, to the service of distribution of telegrams and to the financial-postal services, which they deliver, rules that they have to respect in their relations with the users. These rules are subject to the approval of the regulatory authority within a term to be set out by the latter. In the case where the proposed rules are deemed not to be satisfactory from the technical point of view or from the point of view of users’ protection, or if they contravene to the legal provisions, to the international agreements to which Romania is a party or to the minimum mandatory rules established in accordance with paragraph (2), the regulatory authority may request the adequate modification of such rules, and the providers of postal services are obliged to perform the requested modifications. 
(2) The regulatory authority may set out minimum mandatory rules applicable to postal services, to the service of distribution of telegrams and to the financial-postal services, in keeping with the provisions set forth in this ordinance, in the other normative acts and in the international instruments ratified or approved by Romania. The providers of postal services are obliged to respect these rules in their relations with the users. 

Article 28
Direct mail has to contain a distinctive label so as to ensure its identification as such, placed on the wrapping of the item or on the item itself, in accordance with the conditions set forth by the regulatory authority. 

Article 29
(1) Any postal item that is distributed by a provider of postal services has to bear the denomination or the trademark of the said provider. 
(2) Any provider of postal services operating a public postal network is obliged to mark all the physical facilities that are part of the respective network, including the letter boxes, with a distinctive mark so as to ensure the proper identification of the said provider.
(3) The regulatory authority may set out the conditions in which the providers of postal services must fulfil the obligations specified in paragraph (1) and (2).

Article 30
(1) The providers of postal services are obliged to respect the quality standards of the postal services, as set out by the regulatory authority. 
(2) The respect of the quality standards, as established in accordance with paragraph (1), by each universal service provider shall constitute the object of an annual evaluation by a body independent of the said provider, in the conditions set out by the regulatory authority. The evaluation report is published annually at the expense of the provider of postal services and in accordance with the conditions set out by the regulatory authority. 

Article 31
(1) The providers of postal services are obliged to draw up transparent, simple and inexpensive procedures for dealing with users' complaints, particularly in cases involving the loss, the partial or total destruction or the deterioration of the postal items, as well as the non-compliance with service quality standards.
(2) The mechanism for dealing with the complaints specified in paragraph (1) has to specify:

a) procedures for establishing the provider of postal services that is responsible, in the case where two or more such providers are involved in the situation;
b) procedures allowing the fair and prompt settlement of the complaints, as well as an adequate system of reimbursement or compensation.
(3) The mechanism for settling the complaints, as described in paragraph (1) and (2) is to be approved by the regulatory authority, within a term established by it. In the case where the proposed mechanism is deemed not to fulfil the conditions specified in paragraphs (1) and (2), the regulatory authority may request the adequate modification of such mechanism. 
(4) The information regarding the number of complaints addressed to the universal service provider, as well as the manner in which they have been dealt with, are to be published together with the evaluation report referred to in article 30 paragraph (2).
(5) In the case where the complaint addressed to the provider of postal services was not satisfactorily dealt with, the user in question may file a lawsuit at the competent court of law. 

Article 32
(1) The responsibility towards the users for the postal services that are not included within the scope of the universal service is established in accordance with the contracts concluded with the users, in the conditions specified by the present ordinance and by the other legal provisions into force. 
(2) The responsibility towards the users for the postal services included within the scope of the universal service, delivered by the universal services providers, is established, in keeping with the provisions of the present ordinance and with the other legal provisions into force, by means of the clauses of the master agreement which is approved by the regulatory authority and is published at the expense of the universal service provider, according to the conditions set out by the regulatory authority. 



CHAPTER IX: Issuance and commercialisation of postage stamps and postal stationeries 

Article 33
The payment of the tariffs for postal services may be performed by means of the stamping systems or by other methods, in the conditions specified by the regulatory authority. 



Article 34
The conditions of issuance, printing, circulation and withdrawal of the postage stamps and postal stationeries are set out by the regulatory authority. 

Article 35
(1) Postage stamps may be sold at their nominal value as well as at their philatelic value. In exceptional situations, they may be sold for their cost price, with the prior agreement of the regulatory authority. 
(2) Postage stamps may be sold both in the country and abroad or may constitute the object of philatelic exchanges, in the conditions set forth by law. 
(3) The commercialisation of postage stamps is performed in the conditions set out by the regulatory authority, taking into account the provisions of the international agreements in this field to which Romania is a party. 

Article 36
(1) The composition and the manner of administration of the Stamps Conservator are set out by the regulatory authority. 
(2) The goods making up the Stamps Conservator are patrimonial goods. 
(3) The administration of the Stamps Conservator is performed by a public or private law legal person, designated for this purpose by the regulatory authority. 


CHAPTER X: Conditions of acceptance of the postal items 

Article 37
(1) The provider of postal services is obliged to provide the service which he is authorised for, within the meaning of this ordinance, so long as, cumulatively: 

a) the conditions for the acceptance of postal items specified in this chapter and by the rules established in accordance with article 27, as well as, for cross-border postal items, the conditions specified in the international agreements to which Romania is party and the conditions of acceptance established in the countries of destinations are met;
b) the clearance, sorting, transport and delivery of the postal items are possible with the personnel and ordinary means available to the respective provider; 
c) the clearance, sorting, transport and delivery of the postal items are not impeded by force majeure events, hazard or by the deed of the sender or by the deed of a third party for whom the provider of postal services is not liable in accordance with the law; 
(2) The provider of postal services may benefit of the provisions of paragraph (1) letter a) only in the case where he has made public the conditions of acceptance of the postal items by posting them at the access point to which the postal item in question is deposited. 

Article 38
(1) The following are excluded from the clearance, sorting, transport and delivery:

a) postal items consisting of goods whose transportation is forbidden by the legal provisions, even if only for a part of the itinerary, save for the cases where a special authorisation issued by the competent authorities is remitted;
b) postal items whose wrapping bears mentions which contravene the public order or the moral rules, as well as postal items which contravene the public order or the moral rules, in case they are deposited without being wrapped;
c) postal items bearing old labels or mentions which have not been removed.
(2) The following categories of postal items are admitted for clearance, sorting, transport and delivery only if, besides the general conditions, certain special conditions specified for the transportation of such goods are fulfilled: 

a) postal items consisting of goods for which special transportation conditions are established by means of legal, administrative, economic, sanitary, veterinary, phyto-sanitarian, and other such provisions, in the conditions therein provided; 
b) postal items consisting of goods whose transportation, loading, unloading or transhipment raises handling difficulties as compared with the means or installations of the provider of postal services, in the technical and exploitation conditions agreed by the provider with the sender, for each case.

Article 39
(1) When the nature of the good constituting the object of a postal item requires a wrapping, the sender has to protect that good so as to protect it against partial or total loss, as well as against deterioration, and may not cause damages to the persons, the environment, the installations used or the other goods, during the entire duration of the operations of clearance, sorting, transport and delivery.
(2) The wrapping used by the sender has to be sufficient and appropriate in accordance for the standards and technical norms into force.
(3) The wrapping is considered to be sufficient in the case where it is deemed that it protects the postal item, from its deposit to the access point and until its delivery to the addressee, in normal conditions of clearance, sorting, transport and delivery.
(4) The postal items which, by their nature, do not need wrapping may be also deposited unwrapped. The provider of postal services may request the sender that these unwrapped goods be grouped in larger units, which may facilitate the operations of clearance, sorting, transport and delivery.
(5) If certain postal items need special measures for handling and depositing, depending on their nature, the sender has to apply adequate labels, indicating the manner of handling and depositing. The provider of postal services may request the sender to use standard labels. 


CHAPTER XI: Responsibility for the provision of postal services

Article 40
(1) The provider of postal services is responsible towards the users for: 

a) the provision of the service, in the conditions specified by law and by the contract concluded with the sender;
b) the damage resulting from the partial or total loss or from the deterioration of the postal item, occurred from the moment of its depositing to the access point and until its delivery to the addressee.
(2) The term for filing a prior complaint to the provider of postal services and for keeping the domestic postal items is of 6 months, and, in the case of cross-border postal items, the term is established by the international agreements to which Romania is a party and is calculated from the date from which the postal item has been deposited at the access point.
(3) The term for settling a prior complaint addressed to the provider of postal services is of 3 months for domestic postal items and, in the case of cross-border postal items, the term is established by the international agreements to which Romania is a party and is calculated from the date when the complaint has been filed. 
(4) The prior complaint may be filed by both the sender and the addressee. 

Article 41
(1) The term for filing a lawsuit is of 6 months for domestic postal items and of 1 year for cross-border postal items. 
(2) The term specified in paragraph (1) is calculated from the date of the receipt of the answer to the prior complaint or, in the case where the duly filed prior complaint received no answer, from the expiry of the term for settling the complaint. 
(3) The lawsuit may not be filed if in the absence of evidence concerning the duly filling of the prior complaint. 

Article 42
(1) The sender is entitled to a compensation corresponding to the real value of the damage caused by the loss, theft, total or partial destruction or by the deterioration of the item, value which may not exceed the limits specified in article 43. The indirect damages and not realised benefits shall not be compensated.
(2) The sender may renounce his right to compensation in favour of the addressee. 

Article 43
(1) The providers of postal services are responsible for the domestic postal items, as follows: 

a) in case of loss, theft, or total destruction:
1. with the entire declared value, for a postal item constituting the object of a service for insured items;
2. with the entire declared value, for a postal item constituting the object of a cash-on-delivery service, until the moment of the delivery to the addressee;
3. with the entire declared value, for a postal item constituting the object of a cash-on-delivery service, after the delivery to the addressee, in the case where the provider of postal services has omitted to cash in the reimbursement from the addressee;
4. with the entire amount deposited at the access points, for postal money orders, in the conditions described in article 46;
5. with an amount equal to 10 times the tariff of a service for registered items, for the postal items constituting the object of such a service;
6. with an amount equal to 10 times the tariff for a package that does not constitute the object of a service for insured items, regardless of the weight;

b) in case of partial loss, partial destruction or deterioration: 
1. with the declared value for the part missing, destroyed or deteriorated, registered in the inventory note, for the postal items deposited open and constituting the object of a service for insured items;
2. with the part of the missing weight of the declared value, for the postal items deposited closed and constituting the object of a service for insured items;
3. with the part of the compensation specified in letter a) indent 6, established by relation with the missing weight or with the weight of the deteriorated content, for packages that do not constitute the object of a service for insured items;
4. with the actual value of the damage, which cannot exceed either the declared value or the real value, considered at the place and moment of the remittance of the package, of the missing or deteriorated content, in case of packages constituting the object of a service for insured items. 
(2) The providers of postal services are responsible for telegrams within the value cashed in at their depositing at the access point, in the following cases: 

1. the telegram has not been delivered;
2. the telegram was delivered later than it would have been by means of the postal services using terrestrial transportation; 
3. the content of the telegram has been altered.
(3) The complete loss of the content is equal with the loss of the postal item. 
(4) When the sender has declared a value smaller than the real one, the compensation shall be at the level of the declared value. 
(5) The compensations specifies in paragraph (1) letter a) indents 1, 2 and 3 cannot exceed the real value of the good constituting the object of the postal item. 
(6) Besides the compensations provided for in paragraph (1) letter a), the tariffs cashed in at the moment of depositing the postal item at the access point shall also be returned. 
(7) In the case of the failure to perform the activities constituting the supplementary characteristics of the value added services, nominated by the sender by special indications, only the tariffs cashed in besides the applicable tariffs for standard postal service shall be returned. 

Article 44
(1) In all the cases mentioned in article 43 the provider of postal services shall not be held liable in the following situations: 

a) the damage was caused due to the sender’s deed;
b) the damage was caused due to the deed of a third party for whom the provider of postal services is not liable in accordance with the law;
c) the item was received by the addressee with no objections; 
d) the damage was caused by a force majeure event or by hazard; in this case the tariffs paid shall be returned to the sender, except for the insurance tariff. 
(2) The provider of postal services shall not be liable for postal items that are not mentioned in article 43.

Article 45
The postal items, which could not be delivered to their addressees or to their senders, become property of the provider of postal services after the expiry of the term for filing a prior complaint and for keeping, as specified in article 40 paragraph (2).

Article 46
(1) The providers of postal services are liable for the sums transmitted by means of the postal money order service until the moment when such sums were paid, in the conditions specified by the laws applicable to such service, established in accordance with article 27.
(2) The sums whose payment or reimbursement has not been claimed by their legal owners, within 6 months from the date of their depositing at the access points, become property of the providers of postal services. 
(3) After the expiry of the term provided for in paragraph (2), no complaints regarding the respective postal money orders, irrespective of their reason or object, shall be accepted. 
(4) The tariffs perceived by the providers of postal services for the postal money orders service shall not be returned, even if they remain unpaid, provided that the failure to pay not be imputable to the provider of postal services. 

Article 47
The provider of postal services is responsible for the cross-border postal items in accordance with the provisions of the international instruments ratified or approved by Romania. 

Article 48
The senders are responsible towards the providers of postal services for the damages caused by the dangerous nature of the goods constituting the object of postal items and for those which are caused by the insufficient wrapping, within the limit of the value of the damages and of the sums paid as compensation to other beneficiaries of postal services whose postal items were deteriorated from this cause. 


CHAPTER XII: The regulatory authority

Article 49
(1) In the exercise of the attributions established by this ordinance, the regulatory authority shall respect the following principles: 

a) ensuring the right to access to the universal service;
b) promoting the users’ interests, especially the interests of persons who are disabled, chronically ill, older, with small revenues, or living in isolated areas, in rural areas or in areas with reduced demographical density;
c) promoting the economic efficiency of the providers of postal services;
d) ensuring the economic sustainability of the activities that the providers of postal services are obliged or authorised to perform.
(2) For the purposes of applying this ordinance, the attributions of the regulatory authority are fulfilled by the Ministry of Communications and Information Technology. 
(3) The regulatory authority is also authorised to:

a) take any necessary measures in order to organise the application of this ordinance; 
b) ensure the surveillance of the observance of the provisions of this ordinance, of the measures adopted with a view to its application, as well as of the rights and obligations derived from the authorisations granted or admitted as valid on grounds of this ordinance, being authorised to take any measures deemed necessary for this purpose.
(4) The regulatory authority may delegate the fulfilment of the attributions specified in paragraph (3) to another public law legal person.

Article 50
The regulatory authority may require the providers of postal services any information necessary for exerting the attributions specified in article 49 paragraph (3).

Article 51
(1) For exerting the attributions specified in article 49 paragraph (3) letter b) the regulatory authority collects an annual monitoring tariff, amounting to 0,1% of the turnover of the providers of postal services authorised in accordance with the conditions set forth in this ordinance. 
(2) In the case where the regulatory authority has delegated the attributions specified in article 49 paragraph (3) letter b) to another public law legal person, the monitoring tariff specified in paragraph (1) shall be perceived by this person.
(3) The sums resulted from the cashing in of the monitoring tariff shall be retained as a whole as extra-budgetary permanent own revenues, at the disposal of the regulatory authority or of the legal person specified in paragraph (2), as the case may be, and shall be used in accordance with the provisions of the revenues and expenses budget approved in accordance with the law.
(4) The sums not used, as established at the end of the budgetary exercise as difference between the revenues cashed in and the incurred expenses, are to be reported in the following year.
(5) The turnover specified in paragraph (1) is the sum of the revenues realised from the sales of products or from the provision of services realised by the economic agent during the last financial exercise, from which the sums representing the value added tax are deducted.

Article 52
In the cases specified in article 5 paragraph (3), (5) and (6), article 6 paragraph (2) and (3), article 7 paragraph (2), article 9 paragraph (2), article 10 paragraph (2), article 11 letter e), article 15 paragraph (4), article 16 paragraph (3), article 17 paragraph (3) and (5), article 19, article 22 paragraph (2), (5) and (6), article 24 paragraph (3), (4), (5) and (6), article 27, article 28, article 29 paragraph (3), article 30, article 31 paragraph (3), article 32 paragraph (2), article 33, article 34, article 35 paragraph (3) and article 36 paragraph (1), in which the regulatory authority is empowered to establish certain obligations or certain conditions, standards, rules, procedures or terms, the regulatory authority is also empowered to set out the sanctions applicable for the failure to fulfil these obligations, conditions, standards, rules, procedures or terms.

Article 53
The regulatory authority participates in the negotiation or the signing of the international agreements with the regulatory authorities in the postal domain of other countries. 

CHAPTER XIII: Sanctions and Procedural Provisions 

Article 54
(1) The regulatory authority, acting by means of the control personnel especially vested for this purpose, is in charge with controlling the observance of the provisions of this ordinance.
(2) The regulatory authority may delegate the exercise of the attributions mentioned in paragraph (1) to another public law legal person with attributions of supervision and control in the communications field.

Article 55
The personnel of the regulatory authority or of the legal person mentioned in article 54 paragraph (2) especially vested for the exercise of the control attributions may request from the suppliers the necessary information, with the mention of the legal grounds and of the purpose, and may establish terms within which this information must be provided, under the sanctions mentioned in the present ordinance.

Article 56
(1) The control personnel of the regulatory authority or of the legal person mentioned in article 54 paragraph (2), especially vested for the purpose, may demand declarations or any other document necessary for the conduct of the control, may take copies of any record, accounting, financial or commercial documents, or of any other record; also, the personnel is authorised to unexpectedly inspect and record the conclusions of the inspection in a statement of report, and to receive, upon convocation or at the place of the ascertaining, information and justifications.
(2) The officers and non-commissioned officers of the Ministry of Internal Affairs, upon the request of the control personnel of the regulatory authority or of the legal person mentioned in article 54 paragraph (2), especially vested for the purpose, are compelled to grant their full support in order to allow the exercise of the investigation powers mentioned in paragraph (1).

Article 57
(1) The public authorities or the public institutions are compelled to allow the control personnel of the regulatory authority or of the legal person mentioned in article 54 paragraph (2), especially vested for the purpose, access to documents, data, and information held by them, to the extent to which such are necessary for the fulfilment of the control attributions of the regulatory authority, or, as the case may be, of the legal person mentioned in article 54 paragraph (2), without opposing the nature of state secret or professional secret of such documents, data, and information.
(2) The control personnel, especially vested for the purpose, by being granted access to the documents, data, and information mentioned in paragraph (1), are held to respect the nature of state secret or professional secret of such documents, data, and information.

Article 58
The following deeds are considered to be misdemeanours, if not committed under such circumstances to be considered crimes:

1. depositing at an access point of the following categories of postal items: 
a) postal items consisting of goods which, by their nature or by their wrapping, may cause damages to the persons, the environment, the used facilities, or to the other goods; 
b) postal items whose wrapping bears mentions which contravene the public order or the moral rules, as well as postal items consisting of goods which contravene the public order or the moral rules, in case they are deposited without being wrapped;
c) postal items consisting of goods whose transportation is forbidden by the legal provisions, even if only for a part of the itinerary, save for the cases where a special authorisation issued by the competent authorities is remitted;
d) postal items consisting of goods for which special transportation conditions are established by means of legal, administrative, economic, sanitary, veterinary, phyto-sanitarian, and other such provisions, by breaching the obligations specified in such provisions. 

2. inserting in the postal items with smaller tariff postal items for which higher tariffs are due or postal items whose added tariffs exceed the tariff of the postal item in which they have been inserted;
3. stamping the postal items with stamps cut from postage stationeries or from other forms with impressed postage stamp or with already used postage stamps or by any other fraudulent means;
4. impeding the installation of the letter boxes or the physical facilities that constitute contact points;
5. destroying or deteriorating the letter boxes or the physical facilities constituting contact points or their unauthorised opening;
6. placing in the neighbourhood or on the surface of an object any signs, mentions, labels or other means of identification which may generate the risk of confusion in what concerns the letter boxes or the physical facilities that constitute contact points;
7. inserting in the letter boxes or in the physical facilities that constitute contact points certain goods which may cause damages to the persons, the environment, the used facilities, or to the other goods;
8. breaching the rights granted to the providers of postal services on grounds of article 11;
9. breaching the obligations established by article 7 paragraph (1), in case the provisions of article 7 paragraph (2) do not apply;
10. breaching the obligations specified in article 8, 9 or 10;
11. providing or offering the public services constituting the object of a right reserved, on grounds of article 12, to a universal service provider, without the latter’s consent; 
12. the clearance of the items of correspondence constituting the object of a reserved service, followed by their delivery to other persons than the universal service provider to whom the right to deliver the said service was reserved, without the latter’s consent;
13. the use of signs, mentions, marks, labels, stamps or any other means of identification which may generate the risk to be confounded with those used by a universal service provider;
14. providing or offering the public postal services by persons who are not authorised to deliver such service within the meaning of this ordinance;
15. providing or offering the public postal services other than the ones for which the individual licence or the general authorisation has been obtained;
16. the failure to respect the obligations mentioned in the individual licences or of the obligations specified for the holders of the general authorisation, established in accordance with the provisions of article 15 or of article 16, as the case may be;
17. breaching the obligations specified by article 22 paragraph (1), (2), (4) or (5), article 23, 24 or 25;
18. breaching the provisions of article 26;
19. breaching the obligations specified in article 27;
20. breaching the obligations specified in article 28, article 29 paragraphs (1) and (2), article 30, 31, article 32 paragraph (2), article 35 or article 37;
21. the provision of inaccurate information or the failure to provide the information requested in accordance with the provisions of article 50;
22. the provisions of incomplete documents, registrations or records during the control conducted in accordance with the provisions of articles 54-57;
23. the refusal of the control conducted in accordance with the provisions of articles 54-57.

Article 59
(1) The misdemeanours referred to article 58 are sanctioned as follows:

a) those specified in indents 1-8, with fine from 500,000 ROL to 5,000,000 ROL;
b) those specified in indents 9-23, with fine from 5,000,000 ROL to 250,000,000 ROL, and for the providers of postal services with a turnover higher than 5,000,000,000 ROL, with fine amounting to at most 5% of the turnover; also, in the situations justified by the gravity of the deed, the regulatory authority may decide the rejection of the application for being granted the individual license, the refusal to grant the general authorisation, or the withdrawal of the individual license or of the general authorisation, as the case may be.
(2) The amount of the fines may be updated by Government Decision, depending upon the evolution of the inflation index. 
(3) The individualisation of the sanction in case of the misdemeanours referred to in article 58 indents 9-23 shall take into account the gravity of the deed and its consequences upon competition, applying the criteria the turnover of the guilty party and the market share held by him. 

Article 60
(1) The regulatory authority may oblige the providers of postal services to pay administrative fines amounting to at most 100,000,000 ROL per day of delay, establishing at the same time the date from which they are calculated, in order to determine the providers to: 

a) offer complete and accurate information as requested in accordance with the provisions of article 50 or 55;
b) accept the control conducted in accordance with provisions of articles 54-57;
c) comply within the due term with the measures taken by the regulatory authority or, as the case may be, by the legal person referred to in article 54 paragraph (2), on grounds of the control attributions mentioned in article 54.
(2) The maximum level of the administrative fines specified in paragraph (1) may be updated by Government Decision, depending upon the evolution of the inflation index. 
(3) The amounts resulted from cashing in the administrative fines established in paragraph (1) are retained integrally as extra-budgetary permanent own revenues, at the disposal of the regulatory authority, and shall be used in accordance with the provisions of the revenues and expenses budget approved in accordance with the law.

Article 61
(1) The misdemeanours specified in article 58 are ascertained by the control personnel empowered in this respect of the regulatory authority or of the legal person referred to in article 54 paragraph (2), while the misdemeanours specified in article 58 indents 1-8, are ascertained also by the officers and non-commissioned officers of the Ministry of Internal Affairs.
(2) The sanctions for the misdemeanours mentioned in article 58 indents 1-8 are applied by the control personnel established in paragraph (1) or by the officers and non-commissioned officers of the Ministry of Internal Affairs.
(3) The sanctions for the misdemeanours mentioned in article 58 indents 9-23, as well as the administrative fines provided for in article 60 are applied by the executive board of the regulatory authority or of the legal person mentioned in article 54 paragraph (2).
(4) The act by means of which the sanctions for the misdemeanours specified in article 58 or the administrative fines mentioned in article 60 are applied, which is not appealed within the term provided for by the law, becomes executory title, with no other formality. 

Article 62
The goods that constitute the object of the misdemeanours referred to in article 58 indent 1 shall be confiscated and sold in accordance with the law. 

Article 63
In the absence of provisions to the contrary within this ordinance, the misdemeanours mentioned in article 58 shall be governed by the provisions of the Government Ordinance no. 2/ 2001 regarding the juridical regime of misdemeanours. 

Article 64
Any person using or divulging in other purposes than those set forth by this ordinance documents or information having the nature of professional secret, received or found in the exercise of the professional attributions or in connection with these, is liable in accordance with the penal laws and may be obliged to repair the damage caused. 


CHAPTER XIV: Final and Transitory Provisions

Article 65
(1) The Ministry of Communications and Information Technology is the public administration body organising and monitoring the fulfilment of the obligations undertaken by in accordance with the documents issued by the Universal Postal Union and with other international juridical instruments in the postal field to which Romania is a party. 
(2) The Ministry of Communications and Information Technology represents the Romanian postal administration in the relations with all international organisations.
(3) The Ministry of Communications and Information Technology may delegate the fulfilment of the attributions mentioned in paragraphs (1) and (2) to other public or private law juridical entities.

Article 66
Under exceptional circumstances, such as siege, state of emergency, disasters or calamities, the Ministry of Communications and Information Technology, in collaboration with the Ministry of National Defence and other institutions of the national defence system, may decide the reorganisation, the limitation or the temporary suspension of the postal services, and should make this decision public.

Article 67
The existing authorisations remain valid for one year from the date of the entry into force of this ordinance, period during which, upon request, they must be replaced with the general authorisation or with the individual licence, in accordance with the provisions of this ordinance, by respecting the validity term of the initial authorisation and without the payment of a new authorisation fee.

Article 68
The organisation of the separate accounts, in accordance with article 24, by the postal services providers that, at the time of the entry into force of this ordinance, are authorised to provide such services on grounds of the Law on postal services no. 83/1996, shall be performed within 6 months from this date. In extraordinary situations, the regulatory authority may authorise a 6 months prolongation of the term. 

Article 69
On the date of the entry into force of the present Ordinance, the following normative acts shall be abrogated:

a) Law on postal services no. 83/ 1996, published in the Romanian Official Gazette, Part I, no. 156 of July, 22nd 1996;
b) Government Ordinance no. 116/ 1999 concerning the modification and completion of Law on postal services no. 83/ 1996, published in the Romanian Official Gazette, Part I, no. 426 of August, 31st 1999;
c) Law no. 5/ 2001 on the exemption of tariffs for the delivery of publications to the Romanian Diaspora, published in the Romanian Official Gazette, Part I, no. 61 of February, 5th 2001;
d) any other provisions to the contrary.




ANNEX

Authorisation fees for postal services:

a) within the range of a town with:
- maximum 100,000 inhabitants: 3,000,000 ROL;
- between 100,000-500,000 inhabitants: 5,000,000 ROL;
- exceeding 500,000 inhabitants: 9,000,000 ROL;
b) within the range of a county: 15,000,000 ROL;
c) within the range of 5 or more counties or on national scale: 50,000,000 ROL.


PRIME MINISTER
ADRIAN NĂSTASE
Co-signers:
Minister of Communications and Information Technology,
DAN NICA
Minister of Public Finances,
MIHAI NICOLAE TĂNĂSESCU

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