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Law No. 133 Of 11 May 2007

Original Language Title:  LEGE nr. 133 din 11 mai 2007

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LEGE no. 133 133 of 11 May 2007 for approval Government Emergency Ordinance no. 70/2006 amending and supplementing certain normative acts in the field of electronic communications and postal services
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 355 355 of 24 May 2007



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 70 70 of 13 September 2006 amending and supplementing certain normative acts in the field of electronic communications and postal services, published in the Official Gazette of Romania, Part I, no. 810 of 2 October 2006, with the following amendments and additions: 1. In Article I, point 1, point b) of Article 2 shall read as follows: " b) postal network-the organisation system and resources of any kind used by postal service providers, 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 thereon; " 2. In Article I, after point 1 two new points are inserted, points 1 ^ 1 and 1 ^ 2, with the following contents: "" 1 ^ 1. In Article 2, after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) public postal network-the organization system and resources of any kind, used by one or more universal service providers, mainly for: -the collection of postal items subject to a universal service obligation at all points of access; -transport and handling of postal items from access points to distribution centres; -the distribution of postal items to the addresses indicated thereon; " 1 1 ^ 2. In Article 2, points c), m), s) and v) shall read as follows: " c) access points-all physical installations, including mailboxes, made available to the public, by means of which postal items may be entered into the postal network; ............................................................................ 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 postal network; ................................................................................... s) the sender-the person who actually generates the mailing and, personally or through a third party, introduces it to the postal network; ................................................................................... 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 postal network in terms of transport dangerous goods, as well as, in justified cases, the protection of personal data, ensuring the confidentiality of information transmitted or stored, protection of the right to privacy, environmental protection and compliance with the rules on spatial planning and urbanism; "" 3. In Article I, point 6, paragraph 2 of Article 6 shall read as follows: " (2) Based on the policy and strategy established according to par. (1), the regulatory authority determines and publicly communicates the conditions and procedure it applies to designate one or more postal service providers as universal service providers, as well as the special conditions it must respect them and their rights in the provision of universal service. " 4. In Article I, paragraph 7, paragraph 4 of Article 6 shall read as follows: "(4) The regulatory authority shall inform the European Commission of the measures taken to ensure the right of access to universal service and, in particular, of designated universal service providers." 5. In Article I, point 10 shall read as follows: "" 10. Article 11 (a) and (b) shall be repealed. '; 6. In Article I, after paragraph 10, two new points are inserted, paragraphs 10 ^ 1 and 10 ^ 2, with the following contents: "" 10 ^ 1. Article 11 ^ 1 is repealed. 10 10 ^ 2. The title of Chapter IV shall read as follows: "Financing of universal service". " 7. In Article I, point 11, Article 12 shall read as follows: "" Art. 12-The right to provide one or more postal services included in the scope of universal service, having as their object internal or international correspondence, whether their delivery is accelerated or not, the weight of which is less than 50 g and the tariff of which is less than 2.5 times the public charge corresponding to a reference to the first step of weight of the fastest standard category, may be reserved by the regulatory authority the universal service provider, to the extent necessary to fulfil the obligations of insurance services in the sphere of universal service. The services covered by such a right reserved by the regulatory authority are hereinafter referred to as reserved services. " 8. In Article I, after point 12, a new point is inserted, paragraph 12 ^ 1, with the following contents: "" 12 ^ 1. Article 14 will read as follows: "" Art. 14-(1) Starting with the expiry date of rights reserved according to art. 12, insofar as the net cost associated with the fulfilment of the universal service obligations of a universal service provider is an unfair burden on the service provider, the regulatory authority will decide shared support of this cost by postal service providers or users. (2) The regulatory authority will determine, in compliance with the principles of transparency, the minimum touching on competition, non-discrimination and proportionality, a compensation mechanism that will be based on contributions from service providers postal times of users and which will be administered by the regulatory authority, under the conditions set by it. To that end, the regulatory authority shall determine: a) postal service providers or users who are required to contribute to compensation; b) the amount of contributions due, established as a percentage of the turnover of postal service providers or as an additional fixed amount charged to users in the provision of postal services, without limitation only to these modalities of establishment of contributions; c) the method and the term of payment of contributions; d) any other elements necessary for the operation of the compensation mechanism. ((3) In so far as the amounts that could be collected from the contributions provided in par. (2), given the establishment of a reasonable amount of contributions and which does not affect the economic viability of suppliers, are insufficient, the difference between the net cost provided in par. (1) and these amounts will be borne from the state budget. (4) For this purpose, the regulatory authority will communicate to the Ministry of Economy and Finance, by July 15 of each year, a forecast of the difference determined according to the provisions of par. (3), and the Ministry of Economy and Finance has the obligation to introduce it in the draft state budget law for the following year. (5) The regulatory authority shall establish and communicate to the Ministry of Economy and Finance the conditions under which the universal difference service providers shall be transferred according to the provisions of para. (3), and the Ministry of Economy and Finance has the obligation to transfer these amounts to universal service providers, within 30 days from the date of communication of the conditions established by the regulatory authority. "" 9. In Article I, point 13 shall read as follows: "" 13. Article 14 ^ 1 shall be repealed. ' 10. In Article I, point 21, Article 24 shall read as follows: "" Art. 24-(1) The universal service provider has the obligation to keep separate accounts, within the internal management accounting, by applying, in a unitary manner, the principles concerning the elaboration of the separate accounting system and the the requirements for the preparation and transmission of separate financial statements established by the regulatory authority. (2) In the separate accounting records, at least each of the reserved services, on the one hand, and the non-reserved services, on the other hand, and within the unreserved services, shall be distinctly followed by the services included. in the sphere of universal service and those not covered by the universal service. (3) Compliance by the universal service provider of the principles and requirements provided in par. ((1) shall be verified by an independent auditor, under the conditions laid down by the regulatory authority. The universal service provider has the obligation to publish annually a declaration on compliance with these principles and requirements, under the conditions established by the regulatory authority. (4) The regulatory authority shall submit to the European Commission, upon request, detailed information on the separate accounting system developed by the universal service provider in the process of implementation of the obligation provided in par. ((1). (5) The universal service provider shall submit to the regulatory authority and to the European Commission, upon request, detailed accounting information resulting from the separate accounting system provided in par. (4), in compliance with their confidentiality. (6) If the regulatory authority decides that the reservation of postal services to the universal service provider is not justified, according to art. 12, nor the establishment of a mechanism for compensation of the costs occasioned by the provision of services in the sphere of universal service, according to 14 14, and the universal service provider does not benefit from measures of the nature of state aid or similar effects, the regulatory authority may decide not to impose an obligation to keep separate accounts. The regulator will inform the European Commission of this measure. " 11. Article I, paragraph 22 shall be repealed. 12. In Article I, after paragraph 23, a new point is inserted, paragraph 23 ^ 1, with the following contents: "" 23 ^ 1. Paragraph 2 of Article 29 shall read as follows: "(2) The postal service provider shall have the obligation to mark all the physical installations which are part of the postal network which it operates, including the mailboxes, with a distinctive sign which ensures the identification of the supplier in question." " 13. In Article I, paragraph 24, paragraph 3 of Article 30 shall read as follows: " (3) In exceptional cases, determined by the infrastructure of the public postal network or by special geographical situations, the regulatory authority may establish exceptions to the quality standards provided in par. ((2), with the information in this regard of the European Commission. " 14. In Article I, paragraph 38, paragraph 1 of Article 59 shall read as follows: "" Art. 59-(1) Contraventions provided in art. 58 58 shall be sanctioned as follows: a) the facts referred to in 1-8, with a fine of 500 lei to 5,000 lei; b) the facts referred to in 9-20 ^ 2, with a fine of 5,000 lei to 60,000 lei, for postal service providers with a turnover of up to 3,000,000 lei; c) the facts referred to in 9-20 9-20 ^ 2, by way of derogation from the provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of up to 2% of the turnover, and in the case of repeated violations, with a fine of up to 5% of the turnover, for postal service providers with a figure of business over 3.000.000 lei. " 15. In Article I, point 41 is repealed. 16. In Article II, point 1, point a) of Article 2 shall read as follows: "" a) electronic communications network-transmission systems and, where applicable, switching or routing equipment and other resources enabling the transport of cable signals, by radio, by optical means or other means electromagnetic, including satellite communications networks, landline networks, circuit switching and packet switching, and mobile, power grids, to the extent that they are used for the transmission of signals, the networks used for the dissemination of audiovisual programme services and cable television networks, regardless of the type of information transmitted; ' 17. In Article II, point 5, paragraph 5 of Article 4 shall read as follows: " (5) Information obtained before, during or after the completion of negotiations of an access or interconnection agreement must be used only for the purpose in which it was provided, and the confidentiality of the information transmitted or stored will be respected in all cases. This information cannot be disclosed to any third party, in particular to other departments, subsidiaries, secondary offices or partners of the electronic communications service provider or provider, which would thus obtain an order advantage. competitive, with the exception of information requested by the regulatory authority, according to the provisions of 11 11 para. ((3), art. 13 13 para. ((3) or art. 19 19 para. ((1) lit. a) of this ordinance or of art. 51 51 or art. 54 54 para. ((1) of the Framework Ordinance. " 18. In Article II, point 6, paragraph 5 of Article 5 shall read as follows: " (5) The regulatory authority shall have the right to intervene, on its own initiative, where justified, or, where negotiations cannot be reached at the conclusion of an agreement, at the request of either of the parties concerned, and, if is the case, to determine the conditions under which access or interconnection is carried out, in order to achieve the objectives provided for in 45 of the Framework Ordinance, in accordance with the provisions of this ordinance and in compliance with the appropriate procedures provided for in art. 34 34 ^ 1, 36 and 50 of the Framework Ordinance. " 19. In Article II, paragraph 7, paragraph 6 of Article 5 shall read as follows: " (6) In making a decision in accordance with this Article, the regulatory authority will consider ensuring equivalent access and interconnection conditions for equivalent services, as well as the impossibility of concluding the conclusion the access agreement or the interconnection agreement with the acceptance of non-binding clauses. '; 20. In Article II, after point 15, a new point is inserted, paragraph 15 ^ 1, with the following contents: "" 15 ^ 1. Article 17 shall be repealed. ' 21. In Article II, paragraph 17, paragraph 2 of Article 18 shall read as follows: " (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) the facts provided in lett. a) and b), with a fine of 500 lei to 5,000 lei; b) the facts provided in lett. c)-k), with a fine of 5,000 lei per 100,000 lei, for suppliers or operators with a turnover of up to 5,000,000 lei; c) the facts provided in lett. c)-k), by way of derogation from the provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of up to 2% of the turnover, and in the case of repeated violations, with a fine of up to 5% of the turnover, for suppliers or operators with a turnover of over 5,000,000 lei. " 22. In Article II, after paragraph 17, a new point is inserted, paragraph 17 ^ 1, with the following contents: "" 17 ^ 1. In Article 19 (1), points a) and b) shall read as follows: "" a) to provide completely and correctly, in accordance with the written request of the regulatory authority, the information required to them according to the provisions of art. 11 11 para. ((3) or of art. 13 13 para. ((3); b) to be subject to the control provided in art. 16 16; '' 23. Article III (1) (e) of paragraph 1 of Article 2 shall read as follows: " e) disturbance-the effect of an unwanted energy that appears at the reception in an electronic communications network using the radio spectrum, energy caused by an emission or a radiation or induction phenomenon, which is manifested by any kind of degradation of the performance of the network and which may lead to the erroneous interpretation of the information or its loss, information that may have been obtained in the absence of such undesirable energy; ' 24. In Article III, point 3, paragraph 2 of Article 2 shall read as follows: " (2) In the present emergency ordinance are also applicable the definitions provided for in art. 2 of Government Ordinance no. 34/2002 on access to public electronic communications networks and associated infrastructure, as well as their interconnection, approved with amendments and additions Law no. 527/2002 , as amended, hereinafter referred to as the Access Ordinance, to art. 2 of Government Ordinance no. 31/2002 on postal services, approved with amendments and additions by Law no. 642/2002 , as amended, hereinafter referred to as the Postal Services Ordinance, to art. 2 2 para. ((1) of Law no. 304/2003 for universal service and users ' rights with regard to electronic communications networks and services, hereinafter referred to as the Universal Service Act, and to art. 2 2 para. ((1) of Law no. 510/2004 on the reorganization of the General Inspectorate for Communications and Information Technology, as amended. " 25. In Article III, point 4 shall be repealed. 26. In Article III, after point 5, five new points are inserted, points 5 ^ 1-5 ^ 5, with the following contents: "" 5 ^ 1. Article 7 will read as follows: "" Art. 7-(1) The radio frequency spectrum and numbering resources are limited resources, located in the public property of the state. ((2) The administration and management of radio spectrum and numbering resources shall be based on the principles of objectivity, transparency, non-discrimination and proportionality. " 5 5 ^ 2. Paragraphs 2 and 5 of Article 8 shall read as follows: " (2) The General Inspectorate for Communications and Information Technology shall ensure, under the law, administration and coordination at national level of radio spectrum management in accordance with the National Table for the award of the bands of frequency and with the international agreements to which Romania is a party. ................................................................................... (5) The costs occasioned by the change of destination or the reorganization of the use of radio frequency bands shall be borne by the amount of the license fee referred to in art 15 15 para. ((3). The way of compensation will be determined, for each individual case, by Government decision. " 5 5 ^ 3. Article 9 will read as follows: "" Art. 9-The activity of the General Inspectorate for Communications and Information Technology on the administration and coordination of radio spectrum management is assisted by the Interdepartmental Commission of Radiocommunications, established by Government Decision no. 1.015/2001 on the establishment, organization and functioning of the Interdepartmental Commission on Radiocommunications. " 5 5 ^ 4. Paragraphs 1 and 2 of Article 10 shall read as follows: "" Art. 10-(1) The authorities empowered to manage the radio spectrum are as follows: a) the General Inspectorate for Communications and Information Technology, hereinafter referred to as IGCTI, *) for the frequencies in the bands assigned for non-governmental use; ------- Note * *) art. 5 of Government Emergency Ordinance no. 25/2007 on the establishment of measures for the reorganization of the Government's working apparatus, published in the Official Gazette of Romania, Part I, no. 270 of 23 April 2007, the National Regulatory Authority for Communications and Information Technology takes over specific tasks in the field of radio communications, audiovisual communications, radio equipment and terminal equipment electronic communications, including from the point of view of electromagnetic compatibility, exercised by the General Inspectorate for Communications and Information Technology, which is abolished. b) competent institutions in the field of national defence, public order and national security, for frequencies in the bands assigned for government use. ((2) IGCTI shall, individually, by means of assignment, radio frequencies in the bands provided for in the national frequency bands award table and keep records of their use, in accordance with the procedure laid down by decision of the IGCTI President. " 5 5 ^ 5. Article 13 will read as follows: "" Art. 13-(1) The use of radio frequencies is allowed only after obtaining a license granted, according to the law, in conditions to ensure their efficient operation and avoid the occurrence of harmful disturbances on networks operated by other people who use the spectrum of radio frequencies under the law. (2) The use of numbering resources is allowed only after obtaining a license granted, according to the law, in conditions to ensure their efficient exploitation. ((3) IGCTI may designate certain categories of frequencies the use of which is permitted without obtaining a licence for the use of radio frequencies, subject to the general authorisation regime as regards access and conditions of use, in the cases where this is technically possible and in particular where the risk of injurious disturbances is reduced. IGCTI establishes the harmonized regime of their use, for each category of frequencies whose use is allowed without obtaining a license to use radio frequencies, by decision of the president. (4) In the case of radio frequencies necessary for the own needs of the institutions of the National Defence System, their use shall be made free of charge, without the need to obtain a licence, on the basis of the award made by the specialized ministry, through the National Table for the award of frequency bands, with the following conditions: a) compliance with the technical and operational requirements necessary to avoid harmful disturbances and to limit the exposure of the population to the effects of electromagnetic fields, where these requirements are different from those included in general authorisation; b) compliance with obligations arising from international agreements on the use of radio frequencies to which Romania is a party. (5) In the case of radio frequencies necessary for the own communications needs of the embassies and diplomatic missions of other states located on the territory of Romania, their use and authorization shall be subject to a special regime established by decision of the To the Government, in compliance with the harmonised procedures at European level and international agreements to which Romania is a party. "" 27. In Article III, paragraph 6, paragraph 1 of Article 13 ^ 1 shall read as follows: "" Art. 13 ^ 1-(1) Operating staff of radio stations in aeronautical and mobile aeronautical satellite services, maritime mobile and mobile satellite services, radio service on inland waterways and satellite navigation services. the terrestrial mobile service, with the exception of the operating personnel of the radio stations in the national mobile network, shall possess the level of knowledge necessary for the operation of those stations. '; 28. In Article III, after point 6, new new points are inserted, points 6 ^ 1-6 ^ 9, with the following contents: "" 6 ^ 1. After Article 13 ^ 1, a new article is inserted, Article 13 ^ 2, with the following contents: "" Art. 13 13 ^ 2-(1) The use of radio frequencies in amateur service is carried out without obtaining a license to use radio frequencies. (2) Within the amateur service, only persons authorised to do so, referred to as radio amateurs, operate in frequency bands assigned by the national frequency band, for non-commercial activities and for purposes staff, for individual training, technical studies and intercommunication. (3) The certification and authorization of radio-amateurs, as well as the use of radio frequencies by them, shall be established by the Regulation approved by decision of the President of IGCTI. " 6 6 ^ 2. After Article 13 ^ 2 a new article is inserted, Article 13 ^ 3, with the following contents: "" Art. 13 13 ^ 3. -By December 31, 2007, IGCTI will, by decision of the President, adopt a set of regulations that will establish the technical characteristics of the injurious disturbances, depending on the types of radiocommunications services authorized in Romania, in compliance with the specifications, standards and technical norms applicable to radio-electric field generating equipment. " 6 6 ^ 3. In Article 14, two new paragraphs (3) and (4) are inserted after paragraph 2, with the following contents: " (3) The license for the use of radio frequencies may be modified at the initiative of IGCTI, according to its competences in accordance with the legislation in force, in the cases imposed by: a) compliance with the conditions for the effective, rational and efficient use of radio frequencies; b) avoiding harmful disturbances; c) achievement of the objectives of harmonisation at European level and international cooperation on the use of radio frequencies; d) compliance with international agreements to which Romania is a party, regarding the use of radio frequencies; e) the resolution of radio frequency crisis situations, in certain geographical areas, in the radio frequency bands allocated for the provision of the licensed network; f) implementation of the strategy for the development of electronic communications and radio spectrum management policy; g) modification of the national frequency bands award table. (4) In the situation referred to in par. ((3), IGCTI shall inform the holder of the licence for the use of radio frequencies of the changes to be made and shall grant it a period of compliance in proportion to their qualitative and quantitative nature. " 6 6 ^ 4. Paragraph 1 of Article 15 shall read as follows: "" Art. 15 15-(1) The granting of licences for the use of radio frequencies shall be made by means of an open, transparent and non-discriminatory procedure, no later than 6 weeks after receipt of a complete application, accompanied by all the necessary documents in the this meaning, with the exception of those licences which are granted by a competitive or comparative selection procedure, for which the term is not more than 8 months and shall not have the effect of restricting, preventing or distorting competition. ' 6 6 ^ 5. In Article 15, after paragraph 2, four new paragraphs are inserted, paragraphs 3 to 6, with the following contents: " (3) The granting of licences for the use of radio frequencies by means of competitive or comparative selection procedures shall be conditional on the payment to the state budget of a licence fee the amount of which will be determined, for each In part, by Government decision. (4) Competitive selection is the procedure for granting licences for the use of radio frequencies whereby the right of use of the radio spectrum is awarded to the winner of a tender, following the offer of a maximum amount for the fee of license, having as starting point the minimum value established according to par. (3), while also ensuring the fulfilment of pre-qualification criteria of a technical, administrative and/or financial nature, as appropriate. (5) Comparative selection is the procedure for granting licences for the use of radio frequencies whereby the right of use of radio spectrum is awarded to the first ranked/first placed, following the evaluation of tenders submitted on the basis of a set of predetermined criteria of a technical, administrative and/or financial nature, as appropriate. (6) The type of selection procedure applied for the granting of the right of use of the radio spectrum shall be determined by Government decision, and the detailed regulation of the way of conducting competitive or comparative selection procedures shall be adopt by decision of the President of IGCTI. ' 6 6 ^ 6. Paragraph 1 of Article 18 shall read as follows: "" Art. 18 18-(1) The granting of licences for the use of numbering resources shall be made by means of an open, transparent and non-discriminatory procedure, no later than 3 weeks after receipt of a complete application, accompanied by all documents necessary for this purpose, in the case of numbering resources whose destination has been established by the national numbering plan, with the exception of those licences which are granted by a competitive or comparative selection procedure, for which the term is no more than 6 weeks. " 6 6 ^ 7. Paragraphs 1 and 4 of Article 20 shall read as follows: "" Art. 20-(1) The license for the use of radio frequencies and the license for the use of numbering resources may be ceded to a third party, authorized under the conditions of art. 4, only with the prior agreement of IGCTI, respectively of ANRCTI, and only with the assumption of all obligations arising from them, as well as in compliance with the conditions provided for in the licenses regarding their disposal. The license for the use of radio frequencies may be ceded only in its entirety, with any agreement having as its object the disposal of the right of use conferred by the license for the use of radio frequencies being null and void. ............................................................................. ((4) The transfer of the license for the use of radio frequencies for public electronic communications networks and the license for the use of numbering resources shall be brought to the attention of the public through the care of IGCTI and ANRCTI respectively. " 6 6 ^ 8. In Article 20, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) The license to use the radio frequencies obtained through the competitive or comparative selection procedure can be ceded only with the prior agreement of the IGCTI, in compliance with the divestment of all the minimum conditions that were envisaged to the initial granting of the license, as well as to its assumption of all obligations contained in the license. " 6 6 ^ 9. In Article 21, a new paragraph (2) is inserted, with the following contents: " (2) ANRCTI establishes the procedure for the allocation of identification, signalling and routing codes, not limited only to them, necessary for the provision of electronic communications services intended for the public or the operation of public networks of electronic communications, as well as the rights and obligations of holders of the right to use these resources, in compliance with the principles of objectivity, transparency and non-discrimination. " 29. In Article III, paragraph 7, paragraph 1 of Article 32 shall read as follows: "" Art. 32 32-(1) ANRCTI identifies, taking into account the recommendation of the European Commission on product and service markets in the electronic communications sector whose characteristics may justify the imposition of specific obligations on suppliers of electronic communications networks or services with significant market power, provided for in art. 15 15 para. ((1) of Directive 2002 /21/EC of the European Parliament and of the Council of 7 March 2002 on the common regulatory framework for electronic communications networks and services, hereinafter referred to as the Framework Directive, and by the instructions of the European Commission for carrying out market analyses and the determination of significant market power, provided in art. 15 15 para. ((2) of the Framework Directive, the relevant markets in the electronic communications sector corresponding to national circumstances, in particular the relevant geographical markets in the national territory. ' 30. Article III (10) (6) of Article 34 ^ 1 shall be repealed. 31. In Article III, paragraph 10, paragraphs 7 and 8 of Article 34 ^ 1 shall read as follows: " (7) In exceptional situations, by exception to the provisions of par. ((1)-(5), where urgent intervention is necessary, in order to protect competition and the interests of end-users, ANRCTI may take temporary measures, in compliance with the principle of proportionality, communicating as soon as possible these measures, together with the reasons behind their adoption, to the European Commission and to the national regulatory authorities of the other Member States of the European Union. (8) The extension of the application of the measures provided in (7) or their final application can only be carried out following the procedure provided in par. ((1)-(5). ' 32. In Article III, after point 11, a new point is inserted, paragraph 11 ^ 1, with the following contents: "" 11 ^ 1. Article 42 will read as follows: "" Art. 42-(1) ANRCTI's annual revenue and expenditure budget is approved by its chairman under the conditions art. 16 16 para. ((1) lit. e) of Law no. 500/2002 on public finances, as amended. (2) The annual statement resulting from the implementation of the revenue and expenditure budget of ANRCTI shall be carried over to the following year. "" 33. In Article III, point 12 is repealed. 34. In Article III, point 13 shall be repealed. 35. Article III, point 15 shall be repealed. 36. In Article III, paragraph 17, paragraph 4 of Article 48 ^ 1 shall read as follows: " (4) The percentage provided in par. ((2) and (3) shall be determined annually, without exceeding 0,4%, as a ratio between: a) the expenses provided in the revenue and expenditure budget approved according to art. 42, from which income from other sources is deducted; and b) the cumulative turnover of the persons referred to in par. ((2) and (3). ' 37. Article III (17) (8) of Article 48 ^ 1 shall be repealed. 38. In Article III, paragraph 17, paragraphs 3 and 4 of Article 48 ^ 4 shall read as follows: " (3) The monitoring tariff due for the previous year, on the basis of which early payments are determined, is the monitoring rate established under the conditions of art. 48 ^ 2 para. ((2), without taking into account the early payments made that year. (4) The difference between the annual monitoring tariff established under the terms of art. 48 ^ 2 para. ((2) and early payments established under the conditions of par. (1) shall be paid within 30 days from the date of communication of the decision of the ANRCTI president or, as the case may be, shall be returned under the conditions of the Fiscal Procedure Code. 39. In Article III, paragraph 18, paragraphs 1 and 2 of Article 48 ^ 6 shall read as follows: "" Art. 48 ^ 6-(1) Legal persons who have the status of trader, provided in art. 48 ^ 1 para. (2) and (3), have the obligation to transmit to ANRCTI the annual financial statements containing the business figures registered in the profit and loss account, necessary for the determination of the monitoring tariff, within 5 days from the expiry of the deadline legal to submit them to the competent bodies to which they register, according to the legislation in force. (2) Individuals and family associations that owe the monitoring tariff provided for in art. 48 ^ 1 have the obligation to submit to ANRCTI the annual financial statements on gross revenues made, necessary for the determination of the monitoring tariff, within 5 days from the expiry of the legal deadline for their submission to the bodies skills to which they register, according to the legislation in force. " 40. In Article III, paragraph 18, Article 48 ^ 7 shall read as follows: "" Art. 48 48 ^ 7. -By exception to the provisions of art. 48 ^ 1 para. ((1) and of art. 48 ^ 3 para. ((1) and (6), suppliers who register a turnover that does not exceed the equivalent in lei of 100,000 euros, at the average exchange rate of the period during which the turnover was made, calculated on the basis of the exchange rate Monthly average communicated by the National Bank of Romania, do not have the obligation to pay the monitoring tariff, the provisions of art. 48 48 ^ 1-48 ^ 6 applying properly. " 41. In Article III, after paragraph 18, a new point is inserted, paragraph 18 ^ 1, with the following contents: "" 18 ^ 1. After Article 48 ^ 7 a new article is inserted, Article 48 ^ 8, with the following contents: "" Art. 48 48 ^ 8. -Procedure for the application of art. 48 ^ 1-48 ^ 7 is established by decision of the President of ANRCTI. "" 42. In Article III, after paragraph 23, a new point is inserted, paragraph 23 ^ 1, with the following contents: "" 23 ^ 1. In Article 55 (1), after letter e), a new letter is inserted, letter e ^ 1), with the following contents: "e ^ 1) the production by any person and in any way of an injurious disturbance;" " 43. In Article III, after paragraph 24, a new point is inserted, paragraph 24 ^ 1, with the following contents: "" 24 ^ 1. Paragraph 2 of Article 55 shall read as follows: " (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) with a fine of 5,000 lei per 100,000 lei, for companies with a turnover of up to 5,000,000 lei; b) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of up to 2% of the turnover, and in the case of repeated violations, with a fine of up to 5% of the turnover, for companies with a turnover of over 5,000,000 lei. "" 44. In Article III, after paragraph 25, a new point is inserted, paragraph 25 ^ 1, with the following contents: "" 25 ^ 1. Paragraphs 2 and 5 of Article 58 shall read as follows: " (2) Finding the contraventions provided in art. 55 55 para. ((1) lit. c), e) and e ^ 1) shall be made by the control staff referred to in art. 53 53 para. ((2). .................................................................................. (5) Sanctions for the facts provided in art. 55 55 para. ((1) lit. c), e) and e ^ 1) shall apply, by written resolution, by the President of IGCTI. "" 45. In Article III, after paragraph 31, a new point is inserted, paragraph 31 ^ 1, with the following contents: "" 31 ^ 1. After Article 62 ^ 1, a new article is inserted, Article 62 ^ 2, with the following contents: "" Art. 62 62 ^ 2. -Until the review of the relevant markets in the electronic communications sector identified before the date of accession of Romania to the European Union and the competitive situation in these markets, but no later than 31 December 2008, the amendment or the completion of the obligations imposed by ANRCTI in charge of suppliers with significant power, in accordance with the provisions of the special legislation in the field of electronic communications, shall be carried out without going through the 34 34 ^ 1. "" 46. In Article III, paragraph 33 shall read as follows: "" 33. In the emergency ordinance, the phrase "disruptive interference" is replaced by the phrase "injurious disturbance" and the phrase "radio frequency" is replaced by the phrase "radio frequencies". " 47. In Article IV, paragraph 1, point c) of paragraph 1 of Article 2 shall read as follows: " c) publicly available telephone service-the service provided to the public by a provider of electronic communications services for the purpose of initiating and receiving national and international calls and access to the services of emergency, by using a number or numbers of the National numbering plan or from an international numbering plan. It may also include, as the case may be, one or more of the following services: customer service, subscriber information service, subscriber registers, public pay phones, services provided under conditions. special, facilities for persons with disabilities or with special social needs or non-geographic services; " 48. In Article IV, point 3, paragraph 2 of Article 4 shall read as follows: " (2) In determining the policy and strategy on the implementation of the universal service, the Ministry of Communications and Information Technology will aim to minimise possible negative effects on competition, determined in particular by the provision of services at tariffs or on conditions that are different from those practiced under normal commercial conditions while protecting the public interest. " 49. In Article IV, paragraph 4, paragraph 4 of Article 6 shall read as follows: " (4) Universal service providers who provide end-users with subscribers 'registers or subscribers' information services, under the conditions of par. ((1)-(3), they have the obligation to apply the principle of non-discrimination in the treatment of the information provided to them. " 50. In Article IV, paragraph 6, paragraph 3 of Article 9 shall read as follows: " (3) ANRCTI may oblige universal service providers to offer consumers certain tariff options or tariff packages different from those practiced under normal commercial conditions, in particular to ensure the possibility of persons with income reduced or with special social needs to have access to publicly available telephone services and to use these services, the provisions of art. 13 13 by applying properly. The Ministry of Communications and Information Technology may determine the categories of persons benefiting from the tariff options or the tariff packages offered. " 51. In Article IV, paragraph 7, point a) of paragraph 3 of Article 10 shall read as follows: "" a) on request, free of charge or for a fee, detailed billing; " 52. In Article IV, paragraph 23, paragraph 1 ^ 1 of Article 19 shall read as follows: "" (1 ^ 1) Contracts between end-users and providers of publicly available electronic communications services, with the exception of those concerning services provided through prepaid cards or other assimilated means of payment, shall be concluded in writing or, as the case may be, by electronic means, in compliance with the conditions required by law for their validity. " 53. In Article IV, paragraph 25, paragraph 1 of Article 22 shall read as follows: "" Art. 22-(1) Public telephone network providers and publicly available telephone service providers are required to take all necessary measures to ensure the integrity of the public telephone network whose terminal points are located at fixed locations and, in the event of serious disruption of the operation of the network or in the case of force majeure, the availability of the public telephone network and of the publicly available telephone services provided at terminal points at fixed locations. '; 54. In Article IV, after paragraph 25, a new point is inserted, paragraph 25 ^ 1, with the following contents: "" 25 ^ 1. Paragraph 2 of Article 22 shall read as follows: "" (2) The providers of publicly available telephony services at fixed locations at fixed locations shall be required to take all necessary measures to ensure that emergency calls are made uninterrupted. "" 55. In Article IV, paragraph 27, paragraph 1 of Article 24 shall read as follows: "" Art. 24-(1) End users of publicly available telephone services, including users of paid public telephones, are entitled to perform free of charge, regardless of the type of network or terminal equipment used, calls to single emergency call number 112. ' 56. In Article IV, after paragraph 33, a new point is inserted, paragraph 33 ^ 1, with the following contents: "" 33 ^ 1. Paragraph 2 of Article 31 shall read as follows: " (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) the facts referred to in 13 13 and in section 30-41, with a fine of 500 lei to 50,000 lei; b) the facts referred to in 1 1-12 and in section 4.2 14-29, with a fine of 10,000 lei per 100,000 lei, for suppliers with a turnover of up to 5,000,000 lei; c) the facts referred to in 1 1-12 and in section 4.2 14-29 14-29, by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of up to 2% of the turnover, and in the case of repeated violations, with a fine of up to 5% of the turnover, for suppliers with a turnover of over 5.000.000 5.000.000 lei. "" 57. In Article IV, paragraph 38, Article 38 shall read as follows: "" Art. 38 38-(1) The tariffs charged in the relevant retail markets by the providers of electronic communications networks or services identified as having significant power in these markets are not subject to the prior approval of ANRCTI. (2) ANRCTI may oblige the providers of electronic communications networks or services identified as having significant power in the relevant retail markets to notify to ANRCTI the tariffs charged in these markets at the same time as these tariffs are notified to customers, in order to control by ANRCTI the compliance with their legal obligations. ((3) ANRCTI has the obligation to express its point of view on the notified tariffs, until the date of its entry into force. " 58. After Article VI a new article is inserted, Article VI ^ 1, with the following contents: " Art. VI ^ 1-Law no. 510/2004 on the reorganization of the General Inspectorate for Communications and Information Technology, published in the Official Gazette of Romania, Part I, no. 1.082 of 22 November 2004, as amended, shall be amended and supplemented as follows: 1. Paragraph 1 of Article 4 shall read as follows: "" Art. 4-(1) The IGCTI leadership is provided by a president and a vice president, appointed by decision of the Prime Minister. Their term of office shall be 5 years. " 2. After paragraph 1 of Article 4, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The President and the Vice-President may be revoked by the Prime Minister for the following reasons: a) violation of the provisions of the legislation of the IGCTI; b) criminal conviction by final court decision, for which rehabilitation did not intervene; c) in case of impossibility to fulfill his mandate more than 120 consecutive calendar days. "" + Article II (1) The first separate financial statements that the National Company "Posta Romana"-S.A. has the obligation to draw up under the conditions established by the regulatory authority under art. 24 of Government Ordinance no. 31/2002 on postal services, approved with amendments and additions by Law no. 642/2002 , with subsequent amendments and completions, are those related to 2007. They will be drawn up, audited and submitted to the regulatory authority by 30 November 2008. ((2) Until the date of transmission of separate financial statements for 2007, under the conditions established by the regulatory authority, but no later than the date provided in par. (1), the National Company "Posta Romana"-S.A. may increase the tariffs for services in the sphere of universal service that it has the obligation to provide, in stages, by no more than 100%, without the approval of the regulatory authority. ((3) Without prejudice to the provisions of the art. 31 31 para. (4) of Government Ordinance no. 31/2002 , approved with amendments and additions by Law no. 642/2002 , as amended and supplemented, the first of the evaluation reports provided for in art. 30 30 para. (5) of Government Ordinance no. 31/2002 , approved with amendments and additions by Law no. 642/2002 , with subsequent amendments and completions, which must result in compliance by the National Company "Posta Romana"-S.A., in 2008, of the quality standards established according to the provisions art. 30 30 para. (2) and (4) of Government Ordinance no. 31/2002 , approved with amendments and additions by Law no. 642/2002 , with subsequent amendments and completions, will be carried out and published, under the conditions established by the regulatory authority, until May 1, 2009. (4) Within 60 days from the entry into force of this Law, the National Company "Posta Romana"-S.A. will submit to the regulatory authority the approval of a detailed planning of the measures to be taken in order to achieve the following objectives: a) the realization of the methodology to describe in detail the principles, assumptions and methods used in the elaboration of the separate accounting system, as well as the preparation, auditing and transmission, correctly and completely, of the financial statements separate for the year 2007; b) meeting quality standards for services within the scope of universal service, as well as assessing their compliance. (5) Failure to transmit the planning provided in par. (4) and non-compliance with its stages constitute contraventions that are found by the control personnel empowered for this purpose of the regulatory authority and are sanctioned according to the provisions of art. 59 59 para. ((1) lit. b) art. 61 61 para. (4) of Government Ordinance no. 31/2002 , approved with amendments and additions by Law no. 642/2002 , with subsequent amendments and completions. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, 11 May 2007. No. 133. ----