Law No. 83 Of 12 July 1996 To Postal Services

Original Language Title:  LEGE nr. 83 din 12 iulie 1996 a serviciilor poştale

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LAW No. 83 of 12 July 1996 the ISSUING postal services PARLIAMENT Published in MONITORUL OFICIAL NR. 156 of 22 July 1996 the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the access to any natural or legal person to the postal services and postal transmission of movement are guaranteed under the present law.


Article 2 for the purposes of this Act are defined: a) postal services: receiving, processing, transportation or transmission and delivery postal destination under the conditions laid down by the regulations in force;
  

b) postal: communications written or recorded, documents, acts, material goods, postal or telegraphic postal operators entrusted to be transported or transmitted and taught to their destination;
  

c) postal service: postal services to the public, carried for hire or reward within the country and in international traffic:-correspondence: letters, postcards printed (including records, sound recordings for use blinds), acts of legal procedure, telegrams (except for transmission);
-small packages (up to two kilograms);
-postal or telegraphic.


Article 3 postal services shall be carried out only by legal persons empowered under this law, hereinafter referred to as the postal service operators.


Article 4 (1) letters, telegrams and other postal communications is guaranteed by law. All persons involved in the postal activities are required to ensure the confidentiality of the references. It is forbidden to violate or divulging the contents of correspondence or other postal communications, to give information about those who use postal services or to facilitate and encourage such acts.
  

(2) the postal service Operators can open only in the case of postal consignments of damage during processing or transport, excepţind his own mea culpa, in order to obtain the necessary data or baggage to the recipient to the sender.
  

(3) in the case of a suspected fraudulent use of postal services, facts which may constitute offences under art. 34 of this law, or at the request of the customs bodies for verification of content, postal service operators may require opening postal by the sender or recipient.
  

(4) for the purpose of discovering criminal offences and their perpetrators and for finding out the truth in criminal cases, the postal service will put at the disposal of the bodies of criminal prosecution or the courts all postal values and references considered felonies and fixtures all the paperwork they need, on the basis of the provision by the competent magistrate, according to the criminal procedure code.
  


Article 5 (1) the regulatory authority regarding postal services is the Ministry of communications, acting pursuant to the provisions of this law and shall exercise their powers by order of the Minister.
  

(2) the regulation of postal services shall ensure the harmonious development of these services at the national level, efficiency, promptness, quality and diversification, as well as providing basic postal services to the public, having regard to the social protection of users in accordance with the principle of universal service.
  


Article 6 of the universal service Principle shall apply to a set of minimal quality services determined, to be supplied at a reasonable price for all users in a non-discriminatory conditions, throughout the country.


Chapter 2 postal services Article 7 (1) of the national Operator appointed to perform postal services is directed by Autonomous "Romanian Post". These services are reserved for Autonomous public corporation "Romanian Post" for a period of 5 years, with the possibility of an extension of this period by law.
  

(2) The period referred to in paragraph 1. (1) an autonomous, "Romanian Post" can transform into joint stock limited company of public interest, with a requirement to ensure the universal service according to art. 6, making ornaments for postal services.
  


Article 8 does not constitute infringement of the rights of appointment and is not subject to authorisation under article 4. 13 the following activities: provision of) correspondence carried free of charge, by individuals authorized by the sender to be handed over to the consignee;
  

b) values and economic entities by their own employees, payments or receipts for monies due or to become due own activity of these agents;
  

c) secret correspondence to public authorities, military units, research or production units that execute commands in national defence, or other public institutions, collected, transported and distributed via special courier, governed by other regulations.
  


Article 9 Autonomous Regia "Romanian Post" has the right to reserve for mailboxes in public places and in public transport.


Article 10 (1) Autonomous Regia "Romanian Post" has the obligation to ensure, in accordance with the law and in accordance with the principle of universal service, basic postal services throughout the country and in international relations for any natural or legal person, observing, by users, of the legal provisions and specific instructions.
  

(2) the autonomous Regia "Romanian Post" may refuse any reference, if by accepting them in the postal circuit is endangering the life or health of persons or material damage may occur or damage other postal.
  

(3) Organizing activities in the Autonomous public corporation "Romanian Post" will ensure that postal services in all inhabited areas and each working day and for telegrams, and on holidays.
  


Article 11 (1) postal services other than basic ones, may be performed by any operator, including Autonomous Regia "Romanian Post", under conditions regulated by law of competition.
  

(2) the category of postal services referred to in paragraph 1. (1) presentation, transport and distribution of correspondence or express courier service, messaging and other services within the country and in international traffic.
  


Article 12 of the postal services Operators other than those reserved for the autonomous public corporation "Romanian Post" can use the postal network belonging to it, contract basis, in compliance with the conditions of this law.


Chapter 3 postal service operators in article 13 (1) shall be authorised to carry out postal services other than basic ones, Romanian legal persons or representatives of foreign legal persons, registered in Romania, which have in their activity the provision of such services.
  

(2) the authorization shall be granted by the Ministry of communications for a period not exceeding 10 years, to be extended in accordance with the law.
  

(3) the authorisation of postal service mentions the type of service, geographic area, and operating conditions. Failure to comply with the obligations laid down in the permit or violation of legal provisions may result in partial or total withdrawal of the latter.
  

(4) for authorizing the Ministry of communications fees for authorisation laid down in the annex to this law, which came from the State budget authorizing charges will be amended by decision of the Government according to the inflation index.
  


Article 14 (1) definition, maximum weight, dimensions and general conditions relating to the production and distribution of postal items, as well as the main technical standards and quality basic postal services shall be determined by order of the Minister of communications.
  

(2) the autonomous Regia "Romanian Post" issue instructions concerning the application of these conditions for your own services, in particular the withdrawal, change of address, return to sender, the impossibility of teaching to the recipient postal, preserve, and the responsibilities arising therefrom, subject to the approval of regulatory authorities.
  


Article 15 (1) the regulator may ask postal service operators information and statistical data needed for the assessment of compliance with the provisions of the authorization, as well as officials and postal service quality provided.
  

(2) the data concerning the operation and parameters of quality postal services reserved shall be published annually by the Autonomous Regia "Romanian Post".
  


Chapter 4 the issue and sale of postage stamps and effects of article 16 in the exercise of his powers, Autonomous Regia "Romanian Post" has the exclusive right to issue, to take and to withdraw from circulation stamps and postal effects.


Article 17 (1) and the effects of postal Stamps with postage stamp printed is printed on the basis of graphic layouts made by Autonomous Regia "Romanian Post" in accordance with domestic and international regulations in this field and with the opinion of the Commission, including.
  

(2) the autonomous Regia "Romanian Post" develops watch annual programs of stamps and postal effects, setting their structure and theme.
  


Article 18, duties and how Component for the operation of the Commission, including approved by order of the Minister of communications.


Article 19 (1) Postage Stamps are valued both at their nominal value, and at the philatelic value through Autonomous Regia "Romanian Post" or by other operators.
  


(2) postal Stamps are marketed both in country and abroad or forming philatelic trade, according to the law.
  

(3) marketing of postage stamps is carried out under the conditions laid down by the legislation of the internal and international agreements to which our country is a party.
  


Article 20 Autonomous Regia "Romanian Post" establishes the conditions for the preservation and storage of registration stamps and postage stamp printed with effects, stamps, heritage, other property, as well as Philatelic stamp required stock exchanges with postal administrations in other countries in the Conservatory or stamps.


Chapter 5 Pricing postal services Article 21 (1) for the provision of postal services, are subject to tariffs set in accordance with the law.
  

(2) in the case of postal services reserved by the autonomous public corporation "Romanian Post", the charges are subject to approval by the regulatory authority, on the advice of authorities with powers in the field of establishing prices and tariffs.
  

(3) Charges shall be set taking into account the long-term provision of postal services on the basis of economic efficiency, differentiated for individuals and legal persons, and to ensure, where appropriate, of the universal postal service and the conditions for the development of the postal network.
  

(4) charges will be made public by the postal service.
  


Article 22 (1) it is prohibited to subsidize postal services open to competition from the income obtained as a result of the activities reserved for Autonomous public corporation "Romanian Post".
  

(2) the delivery of a single grouped references several postal postal services reserved with different recipients, in order to rate each reference arts.33, is prohibited.
  


Article 23 are not subject tarifarii: a) sent by postal administrations references and their offices;
  

b) the exchange of references between the Universal Postal Union organs and bodies, regional unions between these bodies and the unions sent by them to the postal administrations or their offices;
  

c) references that contain postal entries in relief and sound recordings for the use of the blind sent by or addressed to blind their associations;
  

d) other references specified in international conventions and agreements to which Romania is a party.
  


Chapter 6 liability for postal services in article 24 (1) liability of the postal service, under the present law, the start of its postal and lasts until the end of the administrative complaint.
  

(2) the period for making claims and keeping administrative term for domestic postage is 6 months, and for the external one year, calculated from the day on which the postage.
  

(3) the time limit for settling administrative complaints is three months for domestic postal and 6 months for external references, from the date on which the administrative claim.
  

(4) after the expiry of these time limits or the recipient can inquire about postal registration references expiry of archiving (usually 2 years) of postal documents, without having the right to compensation.
  

(5) For postal services open to competition, the time limits for administrative complaints may be laid down in the contract between the operator and the client.
  


Article 25 References belong to the sender's mailbox until the time of their surrender to the recipient. By this time, the consignor has the right to withdraw, modify the address recorded on them, cancel or change directions. Upon them may not apply to garnishment or attachment.


Article 26 (1) the time for judgement call is 6 months for domestic postage a year for external.
  

(2) the time for introducing action counts from the date of receipt of the answer to the administrative complaint or, where it has not been answered within the administrative complaint, introduced following the expiry of its settlement.
  

(3) the action will not be received unless it is shown placing administrative complaint within.
  


Article 27 (1) the consignor is entitled to compensation corresponding to the actual value of the loss, destruction or damage to postal, which shall not exceed the values specified in art. 28. indirect Damages and unrealized benefits arising from errors, loss or intirzieri transmission or postal, teaching is not despagubesc.
  

(2) the consignor may waive such right or claim in favour of the recipient.
  


Article 28 Autonomous Regia "Romanian Post" is responsible for the internal recorded postage as follows: 1. In case of loss, theft or misuse of teaching) with the whole: declared value for a postal mailed with declared value;
  

b) with declared value for an entire postal filed with refund until such time as the recipient of teaching;
  

c) with the full amount of cash for a postal with cash on delivery, after its handover to the recipient when the postal operator has omitted the receipt of cash from recipient;
  

d for the full amount) with warrants;
  

(e) the amount representing) ten times the rate for a postal recommended;
  

f) sum representing ten times the rate for a package without declared value, irrespective of weight.
  

The compensation referred to in (b). a), b) and (c)) shall not exceed the actual value of the contents.
Besides the compensation referred to in paragraph 1 shall be released and the charges levied at the presentation.
2. In case of absence or partial damage: a) with declared value for the missing or damaged, entered in the record book, for open letters with declared value;
  

(b) the proportional amount corresponding with) weight closed for lack of letters, with declared value;
  

c) with the terms of the compensation provided for in paragraph 1 (a). f) as determined in relation to its weight or the weight of the contents of damaged, for packages without declared value;
  

d set the value) may not exceed the declared value and no real content on the missing or damaged, take account of the place and the moment of the presentation of the package with the declared value.
  

Complete loss of the content is similar to the loss of postage.
When the sender has declared a value of less than the actual compensation is at the level of declared value.
3. (1) the rates collected on presentation: a) for Word and opinions nepredate telephone;
  

b) for Word taught later than it would have gotten through terrestrial post;
  

c) for opinions which were not telephone in a timely manner;
  

d) to Word content of which is distorted.
  

(2) If no additional postal services, nominated by the sender through the particulars, shall be refunded only extra charges levied.
  


Article 29 Autonomous Regia "Romanian Post" is not responsible for postal or unregistered, if damage has occurred, if the shipper sending was received without objection by the consignee or when the damage occurred as a result of an event of force majeure.


Article 30 Autonomous Regia "Romanian Post" reply for foreign postage in accordance with the provisions of international conventions and arrangements to which Romania is a party.


Article 31 goods in postal items sent via references directed by Romanian post Autonomous ", which could not be delivered to the recipients and senders, nor after expiration of the administrative complaint and preserve will harness or destroy the proceeds being made came from" Romanian Post Autonomous Regia ".


Article 32 the postal opened competition Operators respond towards senders contractually.


Article 33 the senders of some postal postal operators towards responsible for damages resulting from the dangerous nature of postal or packing conditions unsuitable contents, up to the value of the damage and the sums paid out as compensation to other beneficiaries whose postal services postal communications were damaged because of this.


Chapter 7 Sanctions in article 34 shall constitute contraventions of the provisions of the present law the following acts, if, under the law, do not constitute criminal offences: 1. teaching or sending, without declaring the true nature of the goods, any postal,: a) objects which by their nature or by the way they are packaged, or endanger the handling for transport, life or human health, destroy, degrade or damage the plants or other postal communications;
  

(b) explosive, inflammable materials), narcotic drugs, poisons, corrosive substances, toxic or radioactive;
  

c) materials or objects whose circulation is prohibited, except when a special authorization date of the competent organs;
  

d) live animals, except as permitted under the instructions relating to postal services;
  

2. the introduction of postal consignments for which a lower fare, other postal items for which are set higher rates: a) the introduction of simple letters or recommended values, money or other precious items of any kind;
  

b) evasion of payment of charges by sending in one of several postal shipments with different recipients.
  


Where the recipient will pay the compensation, i will teach you to send mail the sender remains obligated only to pay the fine;
3. postage postal stamps cut from postcards or other forms with the postal mark printed with postage marks used or by any other unauthorized means;
4. preventing installation of mailboxes;
5. the destruction of or damage to their mailboxes or unauthorized opening;
6. the collection, receipt, transport and distribution of correspondence of any kind, money, values which may be postal, repeatedly carried out by unauthorised persons or legal entities of the Ministry of communications, except as provided for in article 10. 8. Article 35 (1) the Offences referred to in articles. 34 section 1-4 shall be imposed with a fine from 50,000 lei to 500,000 lei, while those at point 5 and 6, with fine from 3,000,000 to 300,000 lei lei.
  

(2) in the case of offences referred to in articles. 34 points 1 and 2, the infringer due to, as appropriate, and the compensation provided for in article 10. 33. (3) the amount of the fines may be amended by decision of the Government, according to the reference rate of the national currency.
  


Article 36 (1) Offences are found by agents empowered by the Ministry of Communications, which applied the sanction.
  

(2) can be contravenienti individuals and legal entities.
  


Article 37 the assets which are the object of offences referred to in articles. 34 section 1 will be seized and exploited under the law.


Article 38 as far as this law provides otherwise, no offences under article 4. 34 shall apply the provisions of law No. 32/68 on the establishment and sanctioning violations, with subsequent amendments, with the exception of art. 25, 26 and 27.


Article 39 the acts committed in relation to postal services and conducting them, which by their nature constitute crimes are punishable under criminal law.


Chapter 8 transitional and final Provisions Article 40 in the exercise of its responsibilities in the regulation of postal services, the Ministry of communications is negotiating and participate, as appropriate, to the agreements or conventions with the regulatory authority for postal services in other countries or with international organizations.


Article 41 For special conditions: State of siege, a State of national emergency, disaster or calamity, the Ministry of communications, in collaboration with the Ministry of national defence, may order, provide for the reorganization or temporary suspension of the provision of postal services by making public the decision.


Article 42 (1) construction, premises and related land public property of the State in which the work of postal offices and are not owned by the autonomous public corporation "Romanian Post", transferred its administration based protocol, by decision of the Government.
  

(2) local public administration authorities will support Autonomous Regia "Romanian Post" by providing premises for postal services, by letting their priority or by concession in accordance with the law.
  


Article 43 (1) the economic agents who carry out postal transport on the way to the ground, air, maritime or river are required to provide this service, as well as priority access to postal employees in the means of transport or in its precincts.
  

(2) to comply with the regulations of the Universal Postal Union and the European Union concerning the international postal Exchange, postal service operators access and priority of border crossings and at customs.
  


Article 44 (1) the right to use the emblem of the autonomous public corporation "Romanian Post" belongs in its exclusivity.
  

(2) employees ' Uniforms of the autonomous public corporation "Romanian Post", with its logo will be worn only during the exercise of his duties.
  


Article 45 entry into force of the present law shall repeal the Decree nr.:- 197/1955 concerning the operation of services of telecommunications and post, the part relating to the post;
-art. 1 and 2 in H.C.M. nr. 2.487/69 establishment and sanctioning of violations to laws on the functioning of the services of post and telecommunications;
-Government Decree No. 1.014/1990 on the recovery, preservation, and keeping track of stamps and postage stamp printed with effects and organize philatelic Commission;
-art. 7 of Decree nr. 106/1990 on the stamps in Romania;
-any other provisions to the contrary.


Article 46 this Act comes into force within 60 days after its publication in the Official Gazette of Romania.
This law was adopted by the Chamber of deputies at its meeting on 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN V.S. MORRIS annex 1 APPROVAL FEES Fees for authorisations under article 4. 13 are as follows: 1. the authorization fee for postal services area of a locality: 300,000 lei 2. The authorization fee for postal services on the area of a County: 1,000,000 lei 3. The authorization fee for postal services area of several counties or on national territory: 3,000,000 lei.
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