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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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LEGE no. 642 642 of 7 December 2002 for approval Government Ordinance no. 31/2002 on postal services
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 928 928 of 18 December 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 31 31 of 30 January 2002 on postal services, adopted pursuant to art. 1 1 section VI.1 of Law no. 751/2001 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 87 of 1 February 2002, with the following amendments and additions: 1. Article 2 shall read as follows: "" Art. 2. -For the purposes of this ordinance, the following terms shall be defined as a) postal services-services to the public, consisting in the collection, sorting, transport and delivery to recipients of postal items, carried out with a professional character and for the purpose of obtaining profit; b) public postal network-the organization system and resources of any kind, used by a postal service provider, mainly for: -collection of postal items from all access points; -transport and handling of postal items from access points to distribution centres; -the distribution of postal items to the addresses indicated on them; c) access points-all physical installations, including mailboxes, made available to the public, by means of which postal items can be entered into the public postal network; d) contact points-all physical installations through which postal items can be delivered to recipients; e) collection-the operation to take over the postal items deposited at the access points; f) distribution-the process that begins with the sorting of postal items at the distribution center and ends with their delivery to the recipients; g) correspondence reference-written, printed, printed or recorded communication on any kind of material support, to be transported and delivered, otherwise than electronically, to the address indicated by the sender on this medium or on the packaging it. Books, catalogues, newspapers and periodicals shall not be considered to be sent by correspondence; h) postal reference-a good in the final form in which it is to be transported and delivered, other than by electronic means, to the address indicated by the sender; catalogues, newspapers, periodicals and postal parcels containing goods with or without commercial value; i) international postal order-postal mail sent from the territory of Romania to an address that is not on this territory or sent from outside the territory of Romania to an address located on its territory; j) postal advertising-domestic or international postal items to be transported and delivered to the address indicated by the sender on the sending itself or on its packaging, consisting exclusively of advertising materials, marketing or advertising, containing identical messages, with the exception of the name, address and identification number of the recipient, as well as other changes that do not alter the nature of the message, if these references are sent to a significant number of recipients, established by the regulatory authority. Does not constitute advertising by mail: -receipts, invoices, financial statements and other messages having a different content; -postal items containing outside advertising by post and other references in the same packaging; k) recommended referral service-postal service whose peculiarities consist in offering a lump sum guarantee against the risks of loss, theft, total or partial destruction or deterioration of postal mail and in release, at request, evidence of access to the access point or delivery to the consignee; l) sending service with declared value-postal service whose particularity consists in ensuring a postal reference against loss, theft, total or partial destruction or damage, for an amount equal to the declared value the sender; m) referral service for delivery-postal service whose particularity consists in the payment of the value of the good that is the object of the sending by the consignee to the sender through the public postal network; n) financial and postal services-the entire service of receipts, payments and transfers of funds made by postal service providers through the public postal network; financial and postal services are part of the services sphere postage; o) document exchange service-the provision of means, including the making available by a third party of ad hoc premises and means of transport, which allow the 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 postal service provider providing one or more postal services within the scope of the universal service, designated in this regard by the regulatory authority; r) terminal expenses-the remuneration of the universal service provider for the distribution on the territory of Romania of postal items sent from outside the territory of Romania; s) the sender-the person who actually generates the mailing and, personally or through a third party, introduces it to the public postal network; t) recipient-the person to whom the mailing is addressed; u) user-person who benefits from postal services as sender or recipient; v) essential requirements-general conditions, which are not of an economic nature, imposed by the state for the provision of postal services, consisting of: protection of the secrecy of correspondence, ensuring the security of the public postal network in respect of the transport of dangerous goods, as well as, in justified cases, the protection of personal data, ensuring the confidentiality of information transmitted or stored, the protection of the right to privacy, environmental protection and compliance rules on spatial planning and urbanism; w) value-added services-postal services whose characteristics meet special user requirements. Such features are, for example: the delivery of personal postal items to the recipient or his authorized representative, the delivery on a specified date and time, the guarantee of delivery at a specified date and time, attempts multiple delivery, delivery according to the priority or order specified by the sender, confirmation to the sender of the delivery, possibility of change of destination or recipient during transit times, if delivery to the original destination is not possible, the monitoring of postal items throughout the duration transit and the like. For the purposes of this definition, it does not constitute additional features expedited delivery of postal items or the transmission or receipt of the content of a postal item by electronic means to or by a supplier of postal services, with a view to sorting, printing or preparing postal items. " 2. Article 3 shall read as follows: "" Art. 3. -The provisions of this ordinance are not applicable to the following services a) the transport and delivery of personal postal items by their actual sender; b) the transport and delivery of the sender's own postal items by means of a secondary office of the consignor, where the references in question relate to the activity of the sender and directly pursue the satisfaction of a interest thereof, related to the activity in question; c) the transport and delivery of a single postal shipment of the sender, carried out free of charge and directly by a natural person empowered by the sender for this purpose; d) collection, sorting, transport and delivery of postal items in a service organized for the exclusive use of public authorities, under special legal provisions; e) free transport and delivery of the documents accompanying the goods transported and delivered with them. " 3. Article 4 shall read as follows: "" Art. 4. -(1) The secret of postal items is inviolable. ((2) The detention, surrender or opening of postal items shall be permitted only under the conditions and with the procedure provided for by law. " 4. In Article 5, paragraph 2 shall read as follows: "(2) Everyone has the right of access to universal service." 5. in Article 5, after paragraph 6, paragraph 7 is inserted as follows: "" (7) Added value services are not included in the scope of universal service. " 6. Article 6 shall read as follows: "" Art. 6. -(1) The Ministry of Communications and Information Technology sets out the policy and strategy on the implementation of universal service, in compliance with the principles of transparency, objectivity, proportionality and non-discrimination. In establishing this policy and strategies the Ministry of Communications and Information Technology will act to limit possible negative effects on competition, determined by the provision of services in the sphere of universal service, such as and ensuring the protection of public interest. (2) Based on the policy and strategy established according to par. (1) the regulatory authority determines the conditions and procedure it applies to designate a postal service provider as a universal service provider, as well as the special conditions that it must comply with and the rights of benefiting in the provision of universal service. (3) The regulatory authority may designate as a universal service provider only a supplier who provides the conditions laid down in this ordinance for the provision of postal services within the scope of universal service. " 7. In Article 7, paragraph 1 shall read as follows: "" Art. 7. -(1) The universal service provider must ensure, in every locality in which it provides the services in the sphere of universal service that it is required to provide, at least one collection from each access point and at least one delivery at the home of each natural person and at the premises of each legal person, every working day, but not less than 5 days per week, except in cases or geographical conditions considered exceptional by the regulatory authority. " 8. In Article 8, the introductory part and letter c) shall read as follows: "" Art. 8. -The universal service provider must comply cumulatively with the following general conditions in fulfilling the obligations of insurance of services in the sphere of universal service that incumba them: ............................................................... c) provide services available to all users, without any discrimination; " 9. In Article 9, paragraph 1 shall read as follows: "" Art. 9. -(1) The universal service provider has the obligation to make available to users, on a regular basis, detailed and up-to-date information on the characteristics of the services in the scope of the universal service they provide, in particular information on the general conditions of access to these services, as well as the rates and the level of quality standards of these services. " 10. Article 10 shall read as follows: "" Art. 10. -(1) The universal service provider has the obligation to ensure users ' access to the public postal network they operate, under conditions of transparency, objectivity and non-discrimination. (2) The regulatory authority may impose on the universal service provider with a dominant position on the relevant market obligations regarding the conditions under which it must allow access of other postal service providers to the public postal network. that it operates, if such a measure is necessary to ensure a competitive environment and to respect the principles of transparency, objectivity and non-discrimination. " 11. The title of Chapter III shall read as follows: "" Rights to the universal service provider ' 12. Article 11 shall read as follows: "" Art. 11. -In order to ensure universal service, the universal service provider shall enjoy the following rights: a) the right of priority to the rental of the necessary premises in order to carry out the transport activity of postal items and postal mandates, owned by companies, national companies, national companies and autonomous regions with the object of activity in the field of road, rail, sea, river and air transport; b) the right to carry out the transport of postal items and postal mandates by companies, national companies, national companies and autonomous regions with the object of activity in the field of public transport road, rail, sea, river and air, as well as the right of access with priority in the means of transport owned or in their administration; c) the right of priority access to border posts and customs bodies; d) the right to install, maintain, replace and move, free of charge, mailboxes on buildings owned by the state or administrative-territorial units; e) the right to benefit from the amounts or advantages of any other nature due under any mechanism of compensation of the costs involved in the provision of postal services within the scope of universal service, under the conditions laid down by law and the regulatory authority; f) the right to act in international relations as universal service providers and to conclude operational agreements in this capacity; g) the right to use the specific international forms, provided for in the international agreements to which Romania is a party. " 13. Article 11 (1) shall be inserted after Article 11: "" Art. 11 11 ^ 1. -(1) If the owner wishes to rent one of the spaces provided in art. 11 lit. a) will make an offer to the universal service provider. (2) The universal service provider is obliged to exercise the right of priority within 15 days of receipt of the offer. (3) If the universal service provider does not express his or her will or does not accept the offer, the space may be rented to any other person. (4) The rental contract concluded with another person with non-compliance with the right of priority or on conditions more advantageous for this person than those provided for in the offer sent to the holder of the right of priority is hit by nul relative. (5) The action in relative nullity may be introduced by the universal service provider, holder of the right of priority. (6) The conditions for exercising the right provided for in art. 11 lit. b) are established by contract concluded between the universal service provider and the carrier, a contract that will ensure both the respect of the right of priority of the universal service provider and the protection of the carrier's interests. " 14. Article 12 shall read as follows: "" Art. 12. -(1) The right to provide one or more postal services for domestic or international correspondence, whether their delivery is accelerated or not, the weight of which is less than 350 g and the tariff of which is less than 5 times the public charge corresponding to a letter of correspondence from the first stage of weight of the fastest standard category, may be reserved by the regulatory authority to the universal service provider, to the extent necessary to fulfil the obligations of universal service coverage Coming back. Services subject to such a right reserved by the regulatory authority are hereinafter referred to as reserved services. ((. The limits laid down in accordance with paragraph 1. (1) may be reduced by Government decision. " 15. The title of Chapter V shall read as follows: " Authorisation regime for postal service providers ' 16. After the title of Chapter V, Article 14 ^ 1 is inserted with the following contents: "" Art. 14 14 ^ 1. -(1) The provision of postal services is carried out under the conditions of the authorization regime provided for by this (2) The general authorisation regime allows the provision of postal services without an explicit decision by the regulatory authority, by notifying the intention to provide for the provision of postal services. (3) The individual license is that authorization granted by the regulatory authority to a postal service provider, giving it specific rights and obligations, additional to those conferred by the general authorization regime, authorization required for the provision of certain postal services provided for by this ordinance. " 17. Article 15 shall read as follows: "" Art. 15. -(1) The provision of postal services not included in the scope of universal service may be made under the conditions of the general authorisation regime. (2) Before the start of the activity any legal person who intends to provide postal services in the category of those referred to in par. ((1) has the obligation to notify the regulatory authority of this intention. ((3) The right to provide postal services under the conditions of the general authorisation regime is granted provided that the legal person concerned assumes the obligation to comply with the essential requirements, as well as the legal provisions governing these essential requirements, including those contained in regulations issued on the basis of this ordinance. (4) The regulatory authority determines the conditions and procedure for granting, amending, suspending and withdrawing the right to provide postal services under the conditions of the general authorization regime, as well as the obligations that incumba to the holders, respecting the principles of transparency, non-discrimination, proportionality and objectivity. ((5) The right to provide postal services under the conditions of the general authorisation regime shall be deemed to be obtained within 45 days from the date of receipt of the notification by the regulatory authority, unless the person concerned has the decision on the non-granting of this right has been communicated during this period. (6) If the person who has made the notification is required documents, additional information or clarifications to benefit from the right to provide postal services under the conditions of the general authorization regime, the term provided for in para. ((5) shall be suspended until they are received. " 18. Article 16 shall read as follows: "" Art. 16. -(1) The provision of postal services included in the scope of the universal service can only be made on the basis of (. The individual licence may contain specific obligations, for the purpose and to the extent necessary to ensure compliance with the essential requirements and to ensure the right of access to universal service. (3) The obligations provided in par. ((2) may concern, inter alia: a) provision of services within the scope of universal service; b) the quality, availability and provision of the services provided on the basis of the license; c) respect for the rights reserved for universal service providers, in accordance with the provisions of the IV; d) any contributions payable by the holder under a mechanism to compensate the costs involved in the provision of postal services within the scope of universal service (4) The regulatory authority shall determine the conditions and procedure for granting, amending, suspending and withdrawing individual licenses, as well as their content, including the obligations that incumba to the holders, taking into account the provisions of par. ((2) and (3), in compliance with the principles of transparency, non-discrimination, proportionality and objectivity. (5) The term of granting of the individual license or communication of the decision rejecting the application for granting the individual license is 90 days from the date of registration of the application. (6) If the applicant is asked for documents, additional information or clarifications in order to grant the individual license, the term provided in par. ((5) shall be suspended until they are received. " 19. Article 17 shall read as follows: "" Art. 17. -(1) The regulatory authority may set rates for the activity of the authorization and the manner of their collection. ((2) The amounts resulting from the collection of the authorization tariffs constitute income of the regulatory authority, to be used in accordance with the provisions of the revenue and expenditure budget thereof. ((3) The non-payment of the authorization rates within the time limit set by the regulatory authority shall, where appropriate, attract the rejection of the application for individual license or the failure to provide postal services under the conditions of the authorization regime. general. " 20. Article 18 shall read as follows: "" Art. 18. -(1) The decision rejecting the application for granting the individual license and the decision not to grant the right to provide postal services under the conditions of the general authorization regime must be motivated and communicated within the period provided for in art. 15 15 para. ((5), respectively within the period provided for in art. 16 16 para. (5), which may be challenged by the person concerned in accordance with Law of Administrative Litigation no. 29/1990 ,, as amended. (2) The decision to suspend or withdraw the individual licence or the right to provide postal services under the conditions of the general authorisation regime must be reasoned and be challenged by the person concerned, in accordance with the Law no. 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) The universal service provider has the obligation to submit for approval to the regulatory authority the tariffs charged for the services in the scope of the universal service that it is required to provide and to bring to the attention of the public, at least 30 days before the date on which they enter into force, under the conditions laid down by the regulatory authority. ............................................................... (4) If the universal service provider grants tariff facilities in the case of a large volume of references from the same sender, he is required to apply the principles of transparency and non-discrimination both with regard to tariffs and on the conditions associated with them. (5) The tariff facilities granted in accordance with the provisions of par. ((4) must be based on costs and will be made public under the conditions established by the regulatory authority and at the expense of the universal service provider. (6) The regulatory authority may determine the universal service provider's obligation to maintain a uniform level of charges levied on services within the scope of the universal service which it is obliged to provide. " 23. Article 22 (3) shall be repealed. 24. In Article 23, the introductory part of paragraph 1 and paragraph 2 shall read as follows: "" Art. 23. -(1) The universal service provider must comply with the following principles at the conclusion of the agreements on terminal expenses corresponding to international postal items sent from outside the territory of Romania to an address located in its territory: ............................................................... (2) If there are no such agreements, the universal service provider shall apply the provisions of international agreements in the field 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 must keep separate accounts, within the internal management accounting, for each of the reserved services, on the one hand, and for non-reserved services, on the other hand. ............................................................... (6) The annual financial statements of the universal service provider must be drawn up, submitted for the audit of an independent financial auditor and published annually at the supplier's expense and under the conditions laid down by the regulatory authority. " 26. In Article 26, paragraph 2 shall read as follows: "(2) By decision of the Government, other gratuities may be established, as well as the ways of financial compensation of the postal service provider appointed to provide them." 27. Article 27 shall read as follows: "" Art. 27. -(1) The universal service provider has the obligation to respect, in relations with users, the rules established according to this article. (2) The universal service provider shall establish and submit for approval to the regulatory authority, within a specified period of time, the rules applicable to postal services within the scope of the universal service which it has the obligation to provide. If they consider that the proposed rules are technically unsatisfactory or of user protection or contravene the legal provisions, the international agreements to which Romania is part or the mandatory minimum rules established according to para. ((3), the regulatory authority may request the appropriate modification of these rules and the universal service provider shall be obliged to operate the required changes. (3) The regulatory authority may establish mandatory minimum rules applicable to postal services within the scope of universal service, in compliance with the provisions contained in this ordinance, in other normative acts and in international agreements to which Romania is a party. " 28. In Article 29, paragraphs 1 and 2 shall read as follows: "" Art. 29. -(1) The postal items distributed by a postal service provider shall be marked accordingly with the name or trademark of the respective provider. (2) The postal service provider shall have the obligation to mark all the physical installations which are part of the public postal network which it operates, including the mailboxes, with a distinctive sign which ensures the identification of the supplier in question. " 29. Article 30 shall read as follows: "" Art. 30. -(1) The universal service provider has the obligation to comply with the quality standards established by the regulatory authority for postal services within the scope of the universal service that it has the obligation to provide. (2) Compliance with quality standards, established according to par. (1), by the universal service provider, shall annually be subject to the assessment of an independent body by the supplier concerned, under conditions laid down by the regulatory authority. The assessment report shall be published annually at the expense of the universal service provider and under the conditions set by the regulatory authority. (3) The regulatory authority may order, ex officio or upon receipt of a complaint or referral, the obligation of the universal service provider to take all necessary measures to ensure compliance with the quality standards established according to para. ((1). ' 30. In Article 31, paragraphs 4 and 5 shall read as follows: " (4) The information on the statistics of complaints addressed to the universal service provider, as well as the manner in which they have been resolved shall be published with the evaluation report provided for in art. 30 30 para. ((2). (5) If the complaint to the postal service provider has not been satisfactorily resolved, the user in question may file a complaint with the regulatory authority or enter a request for a summons to the court competence. The application for a summons may be brought in regardless of whether a complaint with the same object has been submitted to the regulatory authority. " 31. in Article 31, after paragraph 5, paragraph 6 is inserted as follows: "(6) The regulatory authority shall establish a mediation procedure for the amicable settlement of disputes between users and postal service providers." 32. In Article 32, paragraph 2 shall read as follows: " (2) The liability to users for postal services included in the scope of universal service, provided by the universal service provider, shall be established, in compliance with the provisions of this ordinance and of the other legal provisions in force, by the terms of the framework contract which shall be endorsed by the regulatory authority and shall be published at the expense of the universal service provider, under the conditions laid down by the regulatory authority. " 33. Article 33 shall be repealed. 34. Article 34 shall read as follows: "" Art. 34. -The plans of the philatelic broadcasts, the conditions for issuing, printing, putting into circulation, withdrawal from circulation and marketing of 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) The goods in the composition of the stamp conservatory are part of the national mobile cultural heritage. ((3) The administration of the stamp conservatory shall be carried out by a legal person appointed by the regulatory authority. " 37. Article 37 shall read as follows: "" Art. 37. -The postal service provider has the obligation to provide the services for which it is authorized, under the conditions of this ordinance, as long as the following conditions are cumulatively met: a) are met both the conditions for the acceptance of postal items provided for by this chapter and by the rules established according to art. 27, as well as, for international postal items, the conditions provided for in the international agreements to which Romania is a party and the conditions of acceptance established by the countries of destination; b) the collection, sorting, transport and delivery of postal items are possible with the usual staff and means available to the respective provider; c) the collection, sorting, transport and delivery of postal items are not hindered by circumstances of force majeure, case fortuit or as a result of the deed of the sender or of a third person for whom the postal service provider is not called, according to the law, answer. " 38. In Article 38, letter a) of paragraph (1) shall read as follows: "a) postal items consisting of goods whose transport is prohibited by legal provisions, or even only on a portion of the journey;" 39. Article 39 shall read as follows: "" Art. 39. -(1) When the nature of the good that is the subject of a postal item requires that it be packaged, the postal service provider must protect this good according to the standards and technical rules in force. Throughout the collection, sorting, transport and delivery operations the postal service provider responds for the total or partial loss of the goods shipped, as well as for the damage caused to persons, the environment, the facilities used or other goods. (2) The postal service provider is obliged to accept the good packaged by the sender when the packaging used corresponds to the technical standards and norms in force. In this situation the responsibility of total or partial loss, damage, damage caused to persons, environment, installations used or other goods, caused by vices hidden by packaging, returns to the sender. (3) If special handling and storage measures are required for certain postal items, depending on their nature, the postal service provider must affix suggestive labels indicating handling and storage. The postal service provider may provide the sender with typified labels. The postal service provider shall be obliged to recognise and use the inscriptions and labels affixed by the sender when they meet the standards and technical standards in force. ' 40. Article 40 shall read as follows: "" Art. 40. -(1) The postal service provider shall be liable to the users for the provision of the service under the conditions provided by law and the contract concluded with the sender. ((2) In the case of total or partial loss or damage to the postal item, the postal service provider shall be liable for the damage caused, if these circumstances occurred between the time of submission of the reference to the access point and the time delivery to the recipient. (3) The deadline for the introduction of the prior complaint addressed to the postal service provider shall be 6 months and shall be calculated from the date of submission of the postal item at the access point. (4) The deadline for settling the prior complaint addressed to the postal service provider shall be 3 months and shall be calculated from the date of introduction of the complaint. (5) The prior complaint may be entered by the sender or the consignee. (6) The term of storage for postal items shall be 18 months and shall be calculated from the date of submission of the postal item at the access point. (7) The terms provided for in this Article shall also apply to international postal items, if the international agreements to which Romania is a party do not provide otherwise. " 41. Article 41 shall read as follows: "" Art. 41. -(1) The term for the introduction of the application for appeal is 6 months for domestic and one-year postal items for international ones. (2) The term provided in par. (1) is the limitation period and flows from the date of receipt of the reply to the prior complaint or, if the prior complaint has not been answered, from the expiry of the deadline for its resolution. (3) The application for a summons shall be accompanied by proof of fulfilment of the procedure of the prior complaint. " 42. Article 43 shall read as follows: "" Art. 43. -(1) Postal service providers shall be responsible for internal postal items as follows: a) in case of loss, theft or total destruction: 1. with the entire declared value, for a postal reference which is the subject of a reference service with a declared value; 2. with the entire declared value, for a postal reference which is the subject of a reference counter-cash service, until the time of delivery to the consignee; 3. with the full amount of the refund, for a postal reference which is the subject of a referral service against cash on delivery, after delivery to the addressee, when the postal service provider has failed to collect the refund from the recipient; 4. with the entire amount deposited at the access point, for mandates, under the conditions provided in art. 46 46; 5. with the amount representing 10 times the service charge, for postal items that are not subject to a reference service with a declared value; b) in case of partial loss, partial destruction or damage: 1. with the declared value for the missing part, destroyed or damaged, entered in the inventory note, for the posted postal items, which are the subject of a reference service with declared value; 2. with the share corresponding to the missing weight of the declared value, for the submitted postal items, which are the subject of a reference service with a declared value; 3. with the share of the amount referred to in lett. a) section 5, established in relation to the missing weight or the weight of the damaged content, for parcels not covered by a reference service with a declared value; 4. with the amount provided in lett. a) section 5, in case of partial loss, partial destruction or deterioration of postal items other than parcels. (2) To the amounts provided in par. ((1) lit. a) and b) the legal interest flowing from the time of introduction of the prior complaint is added. (3) The postal service providers shall respond to the telegrams with the value of the charges collected upon submission at the access point, in the following cases: 1. the telegram was not delivered; 2. the telegram was delivered later than the framework contract or the contract concluded with the user; 3. the content of the telegram was distorted. (4) The complete loss of content is equivalent to the loss of postal mail. (. When the consignor has declared a value less than the actual amount, the compensation shall be at the level of the declared value. (6) Apart from the compensation provided in par. ((1) lit. a) is returned and the tariffs collected when submitting the postal item at the access point. (7) In the event of non-performance of benefits constituting additional features of value-added services, nominated by the sender by special indications, only the charges collected in addition to the tariffs applicable to the standard postal service. " 43. Article 44 (2) shall be repealed. 44. Article 45 shall read as follows: "" Art. 45. -The postal items that could not be delivered to the recipients or to the senders shall become the property of the postal service provider after the expiry of the storage period provided for in art. 40 40 para. ((6) or (7), as applicable. " 45. In Article 46, paragraphs 1 and 2 shall read as follows: "" Art. 46. -(1) The postal service providers shall be liable for the amounts transmitted through the service of mandates until such time as they have been paid. ((2) The amounts whose payment or reimbursement has not been claimed by those in law, within 6 months from the date of their submission to the access points, shall remain permanently earned to the postal service providers. " 46. Article 47 shall read as follows: "" Art. 47. -The postal service provider shall be responsible for international postal items in accordance with the provisions of the international agreements to which Romania is a party. " 47. Article 48 shall read as follows: "" Art. 48. -The parties may contractually establish the terms of aggravation of the liability of the postal service provider provided for in this chapter. " 48. Article 49 shall read as follows: "" Art. 49. -(1) In the exercise of the powers provided for in this ordinance, the regulatory authority shall, in particular, pursue the following objectives a) ensuring the right of access to universal service; b) the promotion of the interests of users, especially those with disabilities, chronic diseases, of old age, with low incomes or living in isolated areas, in areas of the rural perimeter or in areas with low demographic density; c) promoting the economic efficiency of postal service providers; d) ensuring the economic sustainability of the activities carried out by postal service providers. (2) For the purposes of applying this ordinance, the powers of the regulatory authority shall be fulfilled by the National Regulatory Authority in Communications. (3) The regulatory authority shall also be empowered: a) take any necessary measures to organize the application of this ordinance; b) to ensure the supervision of compliance with the provisions of this ordinance, the measures taken in its application, as well as the rights and obligations of postal service providers, being able to take any measures they appreciate purpose. (4) The regulatory authority may conclude contracts with legal entities under public law or private law, having as its object the performance of specific activities, necessary for the performance of the duties provided for by this ordinance. " 49. Article 50 shall read as follows: "" Art. 50. -The regulatory authority may request the postal service providers the necessary information in order to exercise the duties provided for in art. 49 49 para. ((3). ' 50. Article 51 shall read as follows: "" Art. 51. -(1) Providers of postal services authorized under the terms of this ordinance owe to the regulatory authority an annual monitoring rate, in the amount of 0.1% of the turnover for the previous year of each supplier. (2) The decision establishing the monitoring rate due for one year shall be communicated in writing to each postal service provider, by 15 May of that year, by the sending service recommended with acknowledgement of receipt. (3) The monitoring tariff due must be paid in two equal instalments, the first within 45 days from the date of communication of the decision referred to in par. ((2), and the second, until 31 December of that year. (4) For the purpose of applying the provisions of this Article, the turnover shall be the sum of the revenues made from the sales of products or services performed by the economic agent during a financial year. (5) In order to determine the turnover, postal service providers are required to submit to the regulatory authority a copy of the annual financial statements, with their submission to the general direction of public finances county, respectively of the city of Bucharest, within the deadline provided by law. (6) At the end of the activity in the field of postal services, regardless of the form of this termination, any postal service provider has the obligation to pay a corresponding monitoring rate, established as follows: a) if the termination of the activity in the field of postal services is produced before the establishment of the annual monitoring tariff, under the conditions of par. ((2), the supplier shall pay a monitoring rate of 0,1% of the cumulative turnover of the previous year and the current year; b) if the termination of the activity in the field of postal services is produced after the establishment of the annual monitoring tariff, under the conditions of par. (2), in addition to this tariff the supplier also owes an additional tariff, in the amount of 0.1% of the turnover for the current year. (7) The monitoring rate referred to in par. (6) must be paid at the time of determination, under the law, of turnover. " 51. Article 52 shall read as follows: "" Art. 52. -In cases where, pursuant to this ordinance, the regulatory authority is empowered to establish certain obligations, conditions, standards, rules, procedures or timelines, the regulatory authority shall also be empowered to determine the penalties applicable for non-compliance with these obligations, conditions, standards, rules, procedures or deadlines. 52. Article 54 (2) shall be repealed. 53. Article 55 shall read as follows: "" Art. 55. -In the exercise of control powers the personnel empowered for this purpose of the regulatory authority may require the postal service providers the information that is necessary, mentioning the legal basis and the purpose of the request, and may establish deadlines until such information is provided to it, under the sanction provided for by this ordinance. " 54. Article 56 shall read as follows: "" Art. 56. -(1) The supervisory staff of the regulatory authority, empowered for this purpose, may request the necessary statements or documents for carrying out the control, raise copies of the registers, financial-accounting and commercial acts or other records; it is also authorized to make unannounced inspections, the result of which will be recorded in a report of finding, and to receive, at the convocation or on the spot, information and justifications. (2) At the request of the regulatory authority's control staff, empowered for this purpose, officers and sub-officers of the Ministry of the Interior are required to grant all support to enable the exercise of investigative powers provided in par. ((1). ' 55. Article 57 shall read as follows: "" Art. 57. --(1) If documents, data or information in the possession of other public authorities are required to carry out the control, they are obliged to allow the regulatory authority's control personnel, empowered in this purpose, access to the documents, data and information in question, in compliance with the provisions Law no. 182/2002 on protection of classified information. (2) The control staff of the regulatory authority, empowered for this purpose, receiving access to the documents, data and information referred to in par. (1), is obliged to observe the character of state secret or service secret assigned legally to those documents, data and information, in accordance with the provisions Law no. 182/2002 on protection of classified information. ' 56. In Article 58, the introductory part and letter c) of paragraph 1 shall read as follows: "" Art. 58. -It constitutes contraventions the following facts, if they are not committed under such conditions as to constitute, according to the criminal law, crimes: ............................................................... c) postal items consisting of goods whose transport is prohibited by legal provisions, even only on a portion of the journey; " 57. In Article 58, points 8, 9, 11, 12, 15, 16 and 20 shall read as follows: " 8. violation of the rights granted to the universal service provider under the head provisions. III; 9. violation of obligations provided in art. 7 7; ............................................................... 11. rendering or offering to the public the services subject to a right reserved for the universal service provider; 12. collection of mail items subject to a reserved service, followed by their delivery to persons other than the universal service provider to whom the right to provide the service in question has been reserved; ............................................................... 15. rendering or offering to the public other postal services than those for which the right to provide postal services was obtained, under the conditions of the general authorization regime or on the basis of the individual license; 16. non-compliance with the obligations that incumba to the holders of the right to provide postal services, under the conditions of the general authorization regime, or the obligations provided for in the individual licenses, established according to 15 15 or 16, as applicable; ............................................................... 20. violation of obligations provided in art. 28 28, art. 29 29 para. ((1) and (2), art. 30, 31, art. 32 32 para. ((2) or in art. 37 37. " 58. in Article 58, paragraphs 21 to 23 shall be repealed. 59. Article 59, point b) of paragraph 1 and paragraph 3 shall read as follows: "" b) the items in point 9-20, with a fine of 5,000,000 lei to 250,000,000 lei, and for postal service providers with a turnover of over 5,000,000,000 lei, with a fine in the amount of up to 5% of the turnover; also, in situations where the gravity the act justifies it, the regulatory authority may decide, where appropriate, to reject the application for the granting of the individual licence, failure to grant the right to provide postal services under the conditions of the general authorisation regime or individual or the right to provide postal services under the conditions of the authorisation regime general. .............................................................. (3) Individualization of the sanction in case of committing one of the contraventions provided in art. 58 58 section 9-20 shall be made taking into account the seriousness of the act and its consequences on competition, according to the criteria of the turnover of the offender and the market share held by him. " 60. In Article 60, point c) of paragraph 1 and paragraphs 2 and 3 shall read as follows: " c) comply within the time limit set by the measures taken by the regulatory authority, pursuant to the control powers referred to in art. 54. (2) The amount of administrative fines provided in par. (1) can be updated by Government decision, depending on the evolution of the inflation index. ((3) By way of derogation from provisions art. 2 of Government Emergency Ordinance no. 30/2002 for the amendment of some Annexes to State budget law for 2002 no. 743/2001 , as well as other normative acts, approved by Law no. 315/2002 , the amounts resulting from the collection of the administrative fines established in par. ((1) shall be retained in full as an extra-budgetary own income, on a permanent basis, at the disposal of the regulatory authority, and shall be used in accordance with the provisions of the revenue and expenditure budget approved according to the law. " 61. Article 61 shall read as follows: "" Art. 61. -(1) Contraventions provided in art. 58 is found by the control staff of the regulatory authority, empowered for this purpose, and those provided for in art. 58 58 section 1-8, and by the officers and sub-officers of the Interior Ministry. (2) Sanctions for the contraventions provided in art. 58 58 section 1-8 shall apply by the control staff referred to in paragraph 1. (1) or by officers or non-commissioned officers of the Ministry of Interior, as the case may be. (3) Sanctions for the contraventions provided in art. 58 58 section 9-20, as well as the administrative fines provided for in art. 60 60 shall apply by the supervisory bodies of the regulatory authority. (4) The act by which the administrative fines provided for in art. 60 constitute enforceable title, without any other formality. " 62. Article 63 shall read as follows: "" Art. 63. -In so far as this ordinance does not have otherwise, the contraventions provided for in art. 58 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions 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 performance of the tasks provided in par. ((1) and (2) to other legal persons. " 65. Article 67 shall read as follows: "" Art. 67. -(1) The existing authorities shall remain valid for one year from the date of entry into force of this Ordinance, unless they provide for a shorter period of time. (2) Until the expiry of the term of validity, established according to the provisions of (1), the holders shall request the right to provide postal services under the conditions of the general authorization regime or the issuance of the individual license, according to the provisions of this ordinance. 66. Annex shall be repealed. + Article 2 Government Ordinance no. 31/2002 on postal services, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of November 6, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC This law was adopted by the Senate at the meeting of 18 November 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 7, 2002. No. 642. ----------------