Law No. 642 Of 7 December 2002 Approving Ordinance No. 31/2002 Relating To Postal Services

Original Language Title:  LEGE nr. 642 din 7 decembrie 2002 pentru aprobarea Ordonanţei Guvernului nr. 31/2002 privind serviciile poştale

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Law No. 642 of 7 December 2002 approving Ordinance No. 31/2002 concerning the ISSUING postal services PARLIAMENT Published in MONITORUL OFICIAL nr. 928 of 18 December 2002, the Parliament of Romania adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 31 of 30 January 2002 concerning postal services, adopted pursuant to article 1. 1, item VI of law No. 751/2001 concerning the Government's empowerment issue decrees and published in the Official Gazette of Romania, part I, no. 87 of 1 February 2002, with the following amendments and supplements: 1. Article 2 shall read as follows: Art. 2.-for the purposes of this Ordinance, the following terms shall be defined as follows: a) postal services-public services, consisting of the collection, sorting, transport and delivery of postal items to addressees, carried out with professional and character in order to obtain profit;
  

b) public postal network-system of organisation and resources of all kinds used by a postal service provider, mainly for:-postal collection from all access points;
-transport and postal handling from access points up at distribution centers;
-postal distribution to the addresses indicated on them;

(c)) access points to physical installations, Assembly-including mailboxes, made available to the public, through which postal consignments can be introduced into public postal network;
  

d) contact points-physical installations as a whole through which postal consignments can be delivered to recipients;
  

e) collection-retrieval operation postal deposited at access points;
  

f-distribution process) begins with sorting postal distribution center and ending with delivery to recipients;
  

g) reference correspondence-written communication, printed, printed or recorded on any kind of material to be conveyed and delivered electronically, other than to the address indicated by the sender on this media or on its packaging. Books, catalogues, newspapers and periodicals are not considered submissions correspondence;
  

h) postal-a good set in the final form in which they are to be transported and delivered, otherwise than by electronic means, at the address indicated by the sender; in this category belong correspondence shipments, as well as books, catalogues, newspapers, periodicals and postal packages containing goods with or without commercial value;
  

I) international postal-postal dispatch of Romanian territory to an address that is not on this territory or sent outside the territory of Romania by an address on its territory;
  

j) advertising by mail-domestic or international postal consignments to be transported and delivered at the address indicated by the sender on the sending itself or its packaging materials, consisting exclusively of advertising, marketing or advertising messages, containing identical except for name, address and identification number of the recipient, as well as other modifications which do not alter the nature of the message If these submissions are sent to a significant number of addressees, to be determined by the regulatory authority. Not constitute advertising by mail:-receipts, invoices, financial statements and other messages having different content;
-postal consignments containing in addition to advertising by mail and other references in the same package;

k) referral service-recommended postal service whose peculiarities consist in offering flat-rate guarantee against risks of loss, theft, destruction or partial damage to the postage and the issuing, on request, of a proof of deposit to the access point or the delivery to the addressee;
  

referral service it) with declared value-postal service whose peculiarity lies in ensuring postal delivery against loss, theft, destruction or damage, partial times for an amount equal to the value declared by the sender;
  

m) referral service-delivery postal service counter whose peculiarity lies in paying the value of the asset that is the subject of postage by the recipient to the sender through the public postal network;
  

n financial services)-postal-service-assembly receipts, payments and transfers of funds carried out by postal service providers through public postal network; postal financial services are part of the scope of postal services;
  

an Exchange service) documents-the provision of means, including the making available by a third party ad hoc premises and means of transport that allow autolivrarea by mutual exchange of postal items between users subscribed to this service;
  

p postal service provider)-a legal entity providing postal services;
  

q) universal service provider-the provider of the postal service that provides one or more postal services from the scope of the universal service, approved by the regulatory authority;
  

r) terminal expenses-universal service provider remuneration for distribution on the territory of Romania postal shipped from outside the territory of Romania;
  

s) sender-person who actually generates the sending mailbox and, personally or through a third party, place it in the public postal network;
  

t) recipient-the person to whom it is addressed to the sending mailbox;
  

u) user-person benefiting from postal service as a sender or an addressee;
  

v) essential requirements-general terms and conditions, which are not of an economic nature, imposed by the State for the provision of postal services, consisting of: the protection of secrecy of correspondence, public postal network security with regard to the transport of dangerous goods and, where justified, data protection, ensuring the confidentiality of information transmitted or stored, protecting the right to privacy, environmental protection and compliance with the rules concerning spatial planning and urbanism;
  

w) value-added services-postal service whose characteristics meet the special requirements of users. Such features are, for example: personal postage delivery to the consignee or his authorised representative, delivery on a date and a specific time set, guaranteeing delivery at a specific date and time set, multiple attempts at delivery, delivery according to the priority or the order specified by the sender, the sender confirmation of the performance of the supply, the possibility of changing the destination or the consignee during transit times If the delivery of initial destination is not possible, monitoring of postage throughout the transit and the like. For the purposes of this definition, does not constitute additional features accelerated delivery of postage or transmission times receiving the contents of a postal delivery by electronic means, namely by a postal service provider, for the purpose of the list, printing or postage preparation. "
  

2. Article 3 shall read as follows: Art. 3.-the provisions of this Ordinance shall not apply to the following services: a) the transport and delivery of postal staff own the actual sender;
  

b) transport and delivery of postal items to the sender via a secondary establishment, where the references in question refers to the sender and track activity directly satisfying an interest, related to the activity in question;
  

c) transport and delivery of postal items from a single sender, carried out free of charge and directly by a person authorized by the sender in physics;
  

d) collection, sorting, transport and delivery of postal items under a service organized for the exclusive use of public authorities, in accordance with the legal provisions;
  

e) and free delivery of documents accompanying the goods transported and shipped with them. "
  

3. Article 4 shall read as follows: Art. 4.-(1) postal Secrecy is inviolable.

(2) Detention, rendition or opening postal is permitted only under the conditions and pursuant to the procedure provided by law. "
  

4. In article 5, paragraph (2) shall read as follows: "(2) everyone has the right of access to the universal service."
5. In article 5, after paragraph 6, insert (7) with the following contents: "(7) value-added Services not included in the scope of the universal service."
6. Article 6 shall read as follows:

"Art. 6. — (1) the Ministry of communications and information technology establishes the policy and strategy for the implementation of universal service, while respecting the principles of transparency, proportionality and non: objectivity,. In establishing this policy and strategy Ministry of communications and information technology will act in order to limit potential adverse effects on competition resulting from the provision of services within the scope of the universal service, as well as to ensure the protection of the public interest.

(2) on the basis of policy and strategy laid down pursuant to paragraph 1. (1) the regulatory authority lays down the conditions and detailed rules which apply them to appoint a supplier of postal services as a provider of universal service, as well as the special conditions to be complied with and the rights accorded to the provision of universal service.
  

3. the regulatory authority may designate as universal service provider only one vendor that provides the conditions laid down in this Ordinance for the provision of postal services within the scope of the universal service. "
  

7. In article 7, paragraph (1) shall read as follows: Art. 7.-(1) universal service provider must ensure that in every locality in providing services within the scope of the universal service obligation that has to be provided, at least one collection from every access point and at least one delivery to each dwelling individuals and legal entities at each headquarters, each business day, but no less than 5 days per week except or geographical conditions deemed exceptional by the regulatory authority. "
8. In article 8, introductory part and point c) shall read as follows: Art. 8. universal service provider-must meet the following cumulative conditions in fulfilment of insurance services from the scope of the universal service which requires them: c) to provide the services that are available to all users without discrimination of any kind; "
  

9. In article 9, paragraph (1) shall read as follows: Art. 9.-(1) universal service provider is obliged to make available to users on a regular basis, detailed and updated information regarding features of the services from the scope of the universal service that it provides, in particular, information relating to the General conditions of access to these services as well as rates and quality standards of these services. "
10. Article 10 shall read as follows: Art. 10.-(1) universal service provider is required to provide users access to the public postal network on which it operates, in terms of transparency, objectivity and non-discrimination.

(2) the regulatory authority can impose universal service provider with a dominant position on the relevant market obligations regarding the conditions under which it must provide access to other providers of postal services to the public postal network on which it operates, if such a measure is necessary to ensure a competitive environment and principles: objectivity, transparency and non. "
  

11. The title of chapter III shall read as follows: "rights granted to the universal service provider". Article 11 shall read as follows: Art. 11.-in order to ensure universal service, the universal service provider shall enjoy the following rights: the right of priority) to renting the premises necessary for the activities of postal and postal or privately owned companies, corporations, public corporations and autonomous national companies with activity in the field of public transport road, rail, maritime, inland waterway and air;
  

b) watchkeeping on a priority basis to transport postal and postal trade societies, societies, national and autonomous administrations companies with activity in the field of public transport road, rail, maritime, inland waterway and air, as well as the right of access as a priority in public transport or privately owned or in their management;
  

c) right of access with priority of border crossings and the customs bodies;
  

d) right to install, maintain, replace and move free, mailboxes on buildings owned by the State or administrative territorial units;
  

e) the benefit of the amounts or benefits of any other kind that i owed pursuant to any mechanism to compensate for the costs involved in the provision of postal services within the scope of universal service, under the conditions laid down by the law and the regulatory authority;
  

f) the right to act in international relations as universal service providers and to conclude agreements in operational;
  

g) right to use the forms provided for in specific international international agreements to which Romania is a party. "
  

13. After article 11 article 11 introduces ^ 1 with the following content: "Art. 11 ^ 1. -(1) where the owner wants to rent out one of the premises referred to in articles. 11 lit. He will make a bid) to the supplier of the universal service.

(2) universal service provider is obliged to exercise the right of priority within 15 days of receipt of the offer.
  

(3) where the supplier of the universal service does not express the will accept the offer or not, you can rent space to any other person.
  

(4) the lease entered into with another person with the right of priority or failure in more favourable conditions for this person than those listed in the offer sent to the holder of the right of priority is struck by the relative nullity.
  

(5) the action in nullity relative may be introduced by the universal service provider, the holder of the right of priority.
  

(6) conditions for the exercise of the right provided for in article 10. 11 lit. b) shall be determined by contract between the service provider and carrier universal service contract that will ensure both compliance with the right of priority of the supplier of the universal service and protection of the interests of the carrier. "
  

14. Article 12 shall read as follows: Art. 12. — (1) the right to provide one or more postal services with referrals you can use domestic or international, whether their delivery is accelerated or not, whose weight is less than 350 g and whose rate is less than five times the public tariff corresponding to a correspondence in the first weight step of the fastest standard category can be booked by the regulatory authority, the supplier of the universal service, to the extent necessary for the performance of the obligations of insurance services from the scope of the universal service. The services which are the subject of such a right granted by the regulatory authority are referred to as the reserved services.

(2) the limits set in accordance with paragraph 1. (1) can be shrunk by decision of the Government. "
  

15. The title of chapter V shall read as follows: "the arrangements for the authorisation of postal service providers ' 16. After the title of chapter V shall be inserted in article 14 ^ 1 with the following content: "Art. 14 ^ 1. (1) Providing postal services shall be carried out under the terms of the authorisation regime provided for in this chapter.

(2) general authorization regime allows the provision of postal services without obtaining an explicit decision of the regulatory authority, through notification of intention to provide activities for the provision of postal services.
  

(3) an individual License is granted authorization by the regulatory authority for postal services provider, giving it its specific duties and obligations, in addition to those conferred by the general authorization regime, authorization is required for the provision of certain postal services, under this Ordinance. "
  

17. Article 15 shall read as follows: Art. 15. — (1) the provision of postal services which are not included in the scope of the universal service may be made under the conditions of the general authorisation regime.

(2) before the commencement of any legal person intending to provide postal services from the category of those referred to in paragraph 1. (1) obligation to convey regulatory authorities a notification about this intention.
  

(3) the right to provide postal services under conditions of general authorisation regime shall be granted provided that the legal person concerned to assume the obligation to comply with the essential requirements as well as the legal provisions governing such essential requirements, including those contained in the regulations issued under this Ordinance.
  

(4) regulatory authority lays down the conditions and procedure for granting, modification, suspension and revocation of the right to provide postal services under conditions of general authorisation regime, as well as obligations for holders, respecting the principles of transparency, proportionality and non-,: objectivity.
  


(5) the right to provide postal services under conditions of general authorisation regime is considered obtained within 45 days from the date of receipt of the notification by the regulatory authority, except where the person concerned has been notified of the decision or of this right.
  

(6) where the person who made the notification documents are required, additional information or clarifications in order to receive the right to provide postal services under conditions of general authorisation regime, the period referred to in paragraph 1. (5) pending suspend them. "
  

18. Article 16 shall read as follows: Art. 16. — (1) the provision of postal services included within the scope of the universal service can only be made on the basis of the individual license.

(2) individual License may contain specific obligations for the purpose of and to the extent necessary to guarantee compliance with the essential requirements and to ensure the right of access to universal service.
  

(3) the obligations referred to in paragraph 1. (2) can look to, inter alia: (a) the provision of services) the scope of the universal service;
  

b) quality, availability and the way of freedom to provide services provided on the basis of the licence;
  

c) rights reserved to universal service providers in accordance with the provisions of cap. IV;
  

(d) any contributions owed) holder under a mechanism for compensation of costs involved in the provision of postal services within the scope of the universal service.
  

(4) regulatory authority lays down the conditions and procedure for granting, modification, suspension and revocation of licences and the content thereof, including obligations requires holders, taking into account the provisions of paragraphs 1 and 2. (2) and (3), respecting the principles of transparency, proportionality and non-,: objectivity.
  

(5) the term of the licence or notification of the decision dismissing the application for individual license is 90 days from the date of registration of the application.
  

(6) where the applicant's documents are required, additional information or clarification with a view to the granting of individual licence, the period referred to in paragraph 1. (5) pending suspend them. "
  

19. Article 17 shall read as follows: Art. 17. — (1) the regulatory authority can set tariffs for approval, as well as how their collection.

(2) the amounts resulting from the collection of charges for authorisation constitutes revenue of regulatory authorities, to be used in accordance with the provisions of the revenue and expenditure budget.
  

(3) failure to pay charges for authorisation in time limit set by the regulatory authority, where appropriate, refusal to grant a licence or right of refusal to supply postal services under conditions of general authorisation regime. "
  

20. Article 18 shall read as follows: Art. 18. — (1) the decision rejecting the application for individual license and disclaimers of the right decision to provide postal services under conditions of general authorisation scheme must be reasoned and shall be notified within the time limit provided for in art. 15 para. (5) within the time limit provided for in art. 391. (5) can be contested by the person concerned in accordance with the law on administrative courts no. 29/1990, as amended.

(2) the decision to suspend or revoke the license of the individual times to provide postal services under conditions of general authorisation scheme must be substantiated and can be contested by the person concerned, in accordance with the law. 29/1990, as amended. "
  

21. Articles 20 and 21 shall be repealed.
22. In article 22, paragraphs (2), (4), (5) and (6) shall read as follows: "(2) universal service provider is required to submit to the approval of the regulatory authority charges levied for services within the scope of the universal service obligation which has to provide them and to bring them to the attention of the public, with at least 30 days before the date on which they enter into force in the conditions set by the regulatory authority.


(4) in the event that the supplier of the universal service grant tariff facilities where a large volume of consignments from the same consignor, he is obliged to apply the principles of transparency and non-both with regard to the rates and conditions associated with them.
  

(5) tariff Facilities granted in accordance with paragraph 1. (4) it must be based on costs and will be made public under the conditions set by the regulatory authority, and at the expense of the supplier of the universal service.
  

(6) the regulatory authority can set the supplier of the universal service obligation to maintain a uniform level of tariffs charged for services within the scope of the universal service that is required to deliver them. "
  

23. In article 22, paragraph 3 shall be repealed.
24. In article 23, the introductory words of paragraph (1) and (2) shall read as follows: Art. 23. — (1) the universal service provider must comply with the following principles when concluding agreements on terminal dues corresponding to international postal consignments shipped outside the Romanian territory by an address on its territory: (2) where there are no such agreements, the supplier of the universal service to apply the relevant international agreements to which Romania is a party. "
  

25. In article 24, paragraphs (1) and (6) shall read as follows: Art. 24. — (1) the universal service provider shall keep separate accounts within the internal management accounting for each of the reserved services, on the one hand and for the non-reserved services on the other.


(6) the annual accounts of the universal service provider must be drawn up, submitted to audit an independent financial auditor and published annually at the expense of the supplier and in the conditions laid down by the regulatory authority. "
  

26. In article 26, paragraph (2) shall read as follows: "(2) by decision of the Cabinet of Ministers may establish and other gratuities, as well as ways of financial compensation to postal service provider designated to provide."
27. Article 27(2) shall read as follows: Art. 27. — (1) the supplier of the universal service obligation to abide, in dealing with users, according to the rules laid down in this article.

(2) universal service provider shall establish and submit to the approval of the regulatory authority, within a time limit set by it, the rules applicable to postal services from the scope of the universal service obligation on them to perform. Where it considers that the proposed rules are unsatisfactory in terms of technical or protection laws contradict the times users, international agreements to which Romania is party or the minimum rules laid down pursuant to paragraph 1. (3), the regulatory authority may require appropriate modification of these rules, and the universal service provider is obliged to operate changes required.
  

(3) the regulatory authority may lay down minimum rules applicable to postal services from the scope of the universal service, while respecting the provisions contained in this Ordinance in other normative acts and international agreements to which Romania is a party. "
  

28. In article 29, paragraphs (1) and (2) shall read as follows: Art. 29. — (1) the references that are distributed by a postal service provider mailboxes must be appropriately marked with the trade name or mark of the supplier in question.

(2) the postal service provider is obliged to mark all of the physical facilities that are part of the public postal network on which it operates, including mailboxes, with a distinctive mark to ensure the identification of the supplier in question. "
  

29. Article 30 shall read as follows: Art. 30. — (1) the supplier of the universal service obligation to meet quality standards set by the regulatory authority for postal services within the scope of the universal service obligation on them to perform.

(2) compliance with the quality standards laid down pursuant to paragraph 1. (1) by the universal service provider, will make an annual evaluation of object a body independent of the supplier in question, under conditions laid down by the regulatory authority. The assessment report shall be published annually at the expense of the supplier of the universal service and on the conditions laid down by the regulatory authority.
  

(3) the regulator may order, ex officio or upon receipt of a complaint, complaints, forcing the times universal service provider to take all necessary measures to ensure compliance with the quality standards laid down pursuant to paragraph 1. (1)."
  

30. In article 31, paragraphs (4) and (5) shall read as follows: "(4) the information relating to statistics on complaints addressed to the supplier of the universal service, as well as how they have been resolved will be published once the assessment report referred to in article 21. 30 paragraph 2. (2).


(5) where the complaint addressed to the supplier of the postal service has not been resolved satisfactorily, the user in question may submit a complaint to the regulatory authority or can bring a claim in the Court's competence. The application of the judgment can be entered regardless of whether an object with the same complaint has been submitted to the regulatory authority. "
  

31. In article 31, after paragraph 5, insert paragraph 6 with the following contents: "(6) the regulatory authority sets out a procedure for mediation in settling out of court disputes between users and postal service providers."
32. In article 32, paragraph (2) shall read as follows: "(2) the liability of users for postal services included within the scope of universal service, provided by the universal service provider, shall be determined, with due regard for the provisions of this Ordinance and other laws in force, through the terms of the contract framework endorsed by the regulatory authority and shall be published at the expense of the supplier of the universal service in the conditions set by the regulatory authority. "
33. Article 33 shall be repealed.
34. Article 34 shall read as follows: Art. 34.-the philatelic issues Plans, terms of issue, circulation, printing, withdrawal from circulation and marketing stamps and postal effects shall be determined by the regulatory authority. "
35. Article 35 shall be repealed.
36. In article 36, paragraphs (2) and (3) shall read as follows: "(2) goods contained in postage Conservatory component forming part of the national cultural heritage.

(3) the administration of the Conservatory of stamps is carried out by a legal entity designated by the regulatory authority. "
  

37. Article 37 shall read as follows: Art. 37.-the postal service provider is required to provide the services for which it is authorized, under the present Ordinance, so long as they are sufficiently cumulatively the following conditions are met: (a)) both the conditions of the postal acceptance provided for in this chapter and the rules set out under art. 27, and for international postage, stipulated in international agreements to which Romania is a party and conditions of acceptance set by destination countries;
  

b) collection, sorting, transport and delivery of postal staff are possible and usual means available to the service provider in question;
  

c) collection, sorting, transport and delivery of postal items are not hampered by circumstances of force majeure, fortuitous event or as a result of the damage caused to the sender or a third party for which the postal service provider is not summoned, according to the law, to respond to it. "
  

38. In article 38, letter a) to paragraph (1) shall read as follows: ") consisting of postal consignments goods the carriage of which is prohibited by laws, be even only a portion of the roadmap;"
39. Article 39 shall read as follows: Art. 39. — (1) when the nature of the property which is the subject of a postal delivery requires him to be packaged, postal service provider must protect this good according to standards and technical regulations in force. Throughout the collection operations, sorting, transport and delivery of postal services provider is liable for the total or partial loss of the goods shipped, as well as for any damage caused to persons, the environment, and the facilities used or other goods.

(2) the postal service provider is obliged to accept the good packed by the sender when the packaging used corresponds to standards and technical regulations in force. In this situation the responsibility of total or partial loss, damage, damage caused to persons, environment, facilities used for other goods, hidden defects caused by packaging, returns to the sender.
  

(3) If for certain postal measures are required special handling and storage, depending on their nature, postal service provider must affix labels indicating how suggestive of handling and storage. Postal service provider may make available to the sender printed labels. The postal service provider is obligated to recognize and use inscriptionarile and labels applied by the sender when they correspond to standards and technical regulations in force. "
  

40. Article 40 shall read as follows: Art. 40. — (1) the postal service provider is liable for provision of the service under the conditions prescribed by law and the contract concluded with the sender.

(2) in the case of total or partial loss or damage to postage, the postal service provider is liable for damages caused by pricinuită, if such circumstances have occurred between the time of the reference to the access point and the time of delivery to the addressee.
  

(3) the time for introducing prior complaint addressed to the supplier of the postal service is 6 months calculated from the date of postage to the access point.
  

(4) the term of the prior complaint resolution addressed to the postal service provider is 3 months old and is calculated from the date of the complaint.
  

(5) the complaint may be brought prior to the consignor or consignee.
  

(6) the period of storage for mailboxes is 18 months and is calculated from the date of postage to the access point.
  

(7) the time-limits provided for in this article shall also apply where reference is made to international postage, if international agreements to which Romania is a party not otherwise. "
  

41. Article 41 shall read as follows: Art. 41. — (1) the time limit for entering the application the judgment is 6 months for domestic postage a year for international ones.

(2) the period referred to in paragraph 1. (1) the limitation period and is run from the date of receipt of the answer to the prior complaint or, where it has not been a response to the complaint, following the expiry of its settlement.
  

(3) the application of the judgment will be accompanied by proof of claim procedure. "
  

42. Article 43 shall read as follows: Art. 43. — (1) postal service providers are responsible for domestic postage as follows: a) in case of loss, theft, or total destruction: 1. with the declared value for a reference which is the subject of a referral service with declared value;
2. with the declared value for a reference which is the subject of a referral service for an extra cash, up to the moment of delivery to the addressee;
3. with the full amount of cash for a postal service which is the subject of a referral against cash on delivery, after delivery to the consignee, when the postal service provider failed receipt cash from recipient;
4. with the full deposit at the point of access for mandates, under the conditions laid down in article 21. 46;
5. the amount representing 10 times the rate for postal service, which are not the subject of a referral service with declared value;

b) in the case of partial loss, damage or partial destruction: 1. with the declared value for that part, destroyed or damaged, entered in the record book, for postage deposited, subject to a referral service with declared value;
2. with the share corresponding to the lack of weight declared value for postage deposited closed, subject to a referral service with declared value;
3. the share of the amount referred to in subparagraph (a). to item 5) as determined in relation to its weight or the weight of the contents of damaged, for returns that are not covered by a service reference with declared value;
4. the amount referred to in subparagraph (a). to item 5) in the event of partial loss or damage, partial destruction of postal consignments, other than.

(2) The amounts set out in paragraph 1. (1) (a). ) and (b)) add a legal interest which emerges from the time of placing the complaint.
  

(3) postal service providers respond to telegrams with the equivalent amount of charges collected on the submission to the access point, in the following cases: 1. the telegram was not delivered;
2. the telegram was delivered later than provides the framework contract or the contract concluded with the user;
3. the contents of the telegram was distorted.

(4) complete loss of content is equivalent to the loss of postage.
  

(5) where the sender has declared a value of less than the real world, the compensation is at the level of declared value.
  

(6) compensation under paragraph 1. (1) (a). He returned and tariffs) collected when submitting postage at the access point.
  

(7) in the case of no benefits constituting additional features of value-added services, nominated by the sender through the particulars, shall be refunded only charges levied in addition to the rates applicable to standard postal service. "
  

43. In article 44, paragraph (2) is repealed.
44. Article 45 shall read as follows:

"Art. 45.-postal References that could not be delivered to the recipients and senders are the property supplier nor the postal service after expiry of the period of retention provided for in art. 40 para. (6) or (7), as appropriate. "
45. In article 46, paragraphs (1) and (2) shall read as follows: Art. 46. — (1) postal service providers are liable for the amounts transmitted through mandates to the point at which they were paid.

(2) the amounts whose payment or reimbursement has not been reported by those who have the right, within six months from the date of their access points, remain definitively won the postal service providers. "
  

46. Article 47 shall read as follows: Art. 47.-the postal service provider is responsible for international postal consignments in accordance with the provisions of international agreements to which Romania is a party. "
47. Article 48 shall read as follows: Art. 48.-the parties may define contractually the clauses of worsening postal service provider liability provided for in this chapter. "
48. Article 49 shall read as follows: Art. 49. — (1) in exercising its powers under this Ordinance the regulator seeks mainly to achieve the following objectives: to ensure the right of access) to the universal service;
  

(b) to promote the interests of users,) in particular those with disabilities, chronic illnesses of old age, with low incomes or who live in remote areas, in rural areas of the perimeter or in areas with low population density;
  

(c) promoting economic efficiency) providers of postal services;
  

(d) ensuring the sustainability of economic) activities carried out by the postal service providers.
  

(2) For the purposes of the application of this Ordinance the Authority's regulatory duties are performed by the National Regulatory Authority in communications.
  

(3) the regulatory authority is also empowered to: (a)) shall take any measures necessary for the organisation of the implementation of this Ordinance;
  

b) ensure compliance with the provisions of this Ordinance and supervision of the measures taken pursuant to it, and the rights and obligations of the providers of postal services, and may take any steps which it considers necessary for that purpose.
  

(4) the regulatory authority can enter into contracts with legal entities governed by public or by private law, with the object of carrying out specific activities required for the performance of duties under this Ordinance. "
  

49. Article 50 shall read as follows: Art. 50. The regulatory authority may require providers of postal services information necessary for the exercise of powers laid down in article 21. 49 para. (3)."
50. Article 51 shall read as follows: Art. 51. — (1) postal services providers authorised under the present Ordinances due to regulatory authorities an annual monitoring fee, in the amount of 0.1% of the turnover of the previous year of each vendor.

(2) the decision establishes a monitoring fee payable for a year shall be communicated in writing to each postal service provider, no later than 15 May of that year, through referral service recommended with acknowledgement of delivery.
  

(3) the monitoring due to be paid in two equal installments, the first one in not more than 45 days from the date of communication of the decision referred to in paragraph 1. (2), and the second, no later than 31 December of the year concerned.
  

(4) for the purposes of applying the provisions of this article, the turnover is the amount of revenue from sales of goods or supplies of services carried out by the operator during the fiscal year.
  

(5) In order to determine the turnover of postal service providers have an obligation to convey regulatory authority a copy of the annual financial statements, together with their submission to the general direction of the county public finance, Bucharest, within the period prescribed by law.
  

(6) upon the termination of activity in the field of postal services, regardless of the form of this closure, any postal service provider has the obligation to pay a rate appropriate monitoring, established as follows: a) where termination of activity in the field of postal services occurs prior to the establishment of annual monitoring tariff, under para. (2) a supplier due to monitor the rate of 0.1% of the aggregate turnover of the previous year and the current year;
  

b) where termination of activity in the field of postal services occurs after the annual monitoring tariff, under para. (2) in addition to the tariff provider due to an extra charge, in the amount of 0.1% of turnover this year.
  

(7) the monitoring referred to in paragraph 1. (6) must be paid at the time of the determination, in accordance with the law, the turnover. "
  

51. Article 52 shall read as follows: Art. 52.-In cases where, under this Ordinance, the regulatory authority is empowered to establish certain obligations, conditions, standards, rules, procedures or deadlines, the regulatory authority is also empowered to establish penalties for failure to comply with these obligations, conditions, standards, rules, procedures or deadlines. "
52. Article 54, paragraph (2) is repealed.
53. Article 55 shall read as follows: Art. 55.-in exercising the functions of control staff empowered for this purpose of the regulatory authority may require providers of postal services information which is necessary, stating the legal basis and the purpose of the request, and may lay down time limits within which such information to be supplied, under penalty under this Ordinance. "
54. Article 56 shall read as follows: Art. 56. — (1) the staff control regulations, authority empowered for that purpose, may request statements or documents necessary for control purposes, to raise children on registers, financial and accounting documents and commercial or other obvious; It is also authorized to make unannounced inspections, whose outcome will be recorded in a report of findings, and to receive, to summon or onsite information and justifications.

(2) at the request of the staff control regulations, the authority empowered for this purpose, officers and subofiterii of the Ministry of internal affairs are obliged to give all support to allow the exercise of powers of investigation referred to in paragraph 1. (1)."
  

55. Article 57 shall read as follows: Art. 57. — (1) where they are necessary for control documents, data or information in the possession of other public authorities, they are bound to the control staff of the regulatory authority empowered for that purpose, access to documents, data and information, in compliance with the provisions of law No. 182/2002 on the protection of classified information.

(2) the staff of the regulatory authority's control, empowered for that purpose, having access to documents, data and information referred to in paragraph 1. (1), shall comply with the character of State secret or secret service assigned to those legal documents, data and information, in accordance with the provisions of law No. 182/2002 on the protection of classified information. "
  

56. In article 58, introductory part and point c) point 1 shall read as follows: Art. 58. the following acts Constitute offences-unless you are related to such conditions constitutes, according to the criminal law, offences: c) consisting of postal goods the carriage of which is prohibited by laws, be even only a portion of the roadmap; "
  

57. In article 58, paragraphs 8, 9, 11, 12, 15, 16 and 20 shall read as follows: "8. the violation of the rights granted to the universal service provider pursuant to the provisions of cap. III;
9. violation of the obligations laid down in article 21. 7;

11. rendering or offering to the public of the services covered by the universal service provider's reserved;
12. collection of correspondence items subject to a reserved service, followed by delivery thereof by persons other than the universal service provider that has been reserved the right to provide the service in question;

15. the supply or offering to the public postal services of other than those for which it was obtained the right to provide postal services, under the general authorisation regime or individual licence;
16. failure to comply with obligations requires holders of the right to provide postal services, under the general authorisation regime, or of the obligations laid down in the individual licenses, established under the provisions of art. 15 or 16, if applicable;

20. breach of obligations under article 4. 28, art. 29 para. (1) and (2), art. 30, 31, art. 32 para. (2) or article 10. 37.58 ". In article 58, paragraphs 21-23 are repealed.
59. In article 59, point b) of paragraph (1) and (3) shall read as follows:

"(b)) in the 9-20, with a fine of 5 million lei la 250 million lei, while for postal service providers with a turnover of over 5 billion lei, with a fine in the amount of up to 5% of the turnover; also, in cases where the seriousness of the offence a warrant, the regulatory authority may decide, where appropriate, refusal to grant individual licence refusal, right to provide postal services under conditions of general authorisation regime times individual license or withdrawal of the right to provide postal services under conditions of general authorisation regime.
..

(3) Individualization of the penalty in the event of any of the offences mentioned in article 1. 58, item 9-20 shall be made taking into account the seriousness of the offence and its consequences over the competition, after the turnover criteria of the infringer and the market share held by him. "
  

60. In article 60, paragraph (c)) (1) and (2) and (3) shall read as follows: "(c)) to comply with the time limit laid down in the action taken by the regulatory authority, on the basis of the powers of control referred to in article. 54. (2) the amount of administrative fines provided for in paragraph 1. (1) can be updated by a decree of the Government, depending on the evolution of the inflation index.
  

(3) Notwithstanding the provisions of article 5. 2 of the Emergency Ordinance of Government No. 30/2002 modification of the annexes to the State budget law for the year 2002 No. 743/2001, as well as some other regulations, approved by law No. 315/2002, the amounts resulting from the receipt of the administrative fines laid down in paragraph 1. (1) shall be retained in whole as own revenue budget, on a permanent basis, provide the regulatory authority, and will be used in accordance with the provisions of the revenue and expenditure budget approved according to law. "
  

61. Article 61 shall read as follows: Art. 61. — (1) the Offences referred to in articles. 58 it is noticed by the staff of the regulatory authority's control, empowered for this purpose, and those referred to in article 1. 58, item 1-8, and by officers and subofiterii of the Ministry of the Interior.

(2) the penalties for offences under article 4. 58, item 1-8 shall apply to the staff referred to in paragraphs 1 and 2 control. (1) the officers or subofiteri of the Ministry of Internal Affairs, as appropriate.
  

(3) the penalties for offences under article 4. 58, item 9-20, as well as administrative fines provided for in article 10. 60 is applied by the organs of the Authority's regulatory control.
  

(4) the Act through the applicable administrative fines provided for in article 10. 60 shall be enforceable, without any other formality. "
  

62. Article 63 shall read as follows: Art. 63.-In so far as this Ordinance otherwise, offences referred to in articles. 58 applies the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented. "
63. Article 64 shall be repealed.
64. In article 65, paragraph 3 shall read as follows: "(3) the Ministry of communications and information technology may delegate the duties referred to in paragraph 1. (1) and (2) other legal entities. "
65. Article 67 shall read as follows: Art. 67. — (1) the existing consents are valid for one year from the date of entry into force of this Ordinance, except where a shorter period.

(2) until the expiry of the term of validity laid down in accordance with paragraph 1. (1) holders will be asked to grant the right to provide postal services under conditions of general authorisation scheme or individual licence under the provisions of this Ordinance. "
  

66. The annex shall be repealed.


Article 2 of the Government Ordinance No. 31/2002 regarding postal services, with the amendments and additions made by this Bill, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Chamber of deputies at its meeting on 6 November 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p., PRESIDENT of the CHAMBER of DEPUTIES MARTHA this law was adopted by the Senate at its meeting on 18 November 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT NICOLAE V Bucharest, December 7, 2002.
No. 642.
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