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Law No. 187 Of 25 June 2013 Approving Government Emergency Ordinance No. 13/2013 On Postal Services

Original Language Title:  LEGE nr. 187 din 25 iunie 2013 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 13/2013 privind serviciile poştale

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LEGE no. 187 187 of 25 June 2013 for approval Government Emergency Ordinance no. 13/2013 on postal services
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 394 394 of 1 July 2013



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 13 13 of 6 March 2013 on postal services, published in the Official Gazette of Romania, Part I, no. 139 of 15 March 2013, with the following amendments and additions: 1. In Article 2, point 16 is amended and shall read as follows: "" 16. postal parcel-postal reference with a maximum weight of 50 kg, containing goods with or without commercial value; ' 2. in Article 5, after paragraph 7, a new paragraph (8) is inserted, with the following contents: " (8) Postal service providers have the obligation to contribute to the administrative expenses of the regulatory authority, by paying a monitoring rate according to the provisions Head. X "Monitoring Tariff" of Government Emergency Ordinance no. 111/2011 on electronic communications, approved with amendments and additions by Law no. 140/2012 .. " 3. Article 6 is amended and shall read as follows: "" Art. 6. -The providers of postal services included in the scope of the universal service benefit from the right to install, maintain, replace and move mailboxes on buildings owned by the state or administrative-territorial units, free of charge, in compliance with the legal provisions in force. " 4. In Article 9, paragraph 5 shall be amended and shall read as follows: "" (5) Any postal service provider providing the conditions provided for in this emergency ordinance for the provision of postal services within the scope of universal service may be designated as a universal service provider for the provision of one or more several services in the sphere of universal service, throughout the national territory or only on one side thereof, so as to ensure coverage of the whole territory, for a sufficient period to ensure the economic viability of services provided, but not more than 10 years. " 5. in Article 21, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) Without prejudice to the provisions of art. 14, any special or exclusive rights regarding the provision of postal services shall cease. " 6. In Article 22, paragraph 1 shall be amended and shall read as follows: "" Art. 22. -(1) If he estimates that from the provision of services in the sphere of universal service, under the conditions of art. 8-12, results in a net cost that constitutes an unfair burden on universal service providers, the regulator will decide to offset the net cost via a mechanism to share this cost between service providers. postal and/or users and, where appropriate, from public funds. " 7. In Article 23, after paragraph (1), three new paragraphs are inserted, paragraphs (1 ^ 1) to (1 ^ 3), with the following contents: "" (1 ^ 1) To the extent that the amounts that could be collected from the contributions provided in par. (1), under the conditions of establishing a reasonable amount of contributions and not affecting the economic viability of suppliers, are insufficient, the difference between the net cost determined and these amounts shall be borne by public funds. ((1 ^ 2) For this purpose, if the regulatory authority forecasts the existence of a difference between the determined net cost and the amount collected through the cost sharing mechanism between postal service providers and/or users, it shall communicate it The Ministry of Public Finance, until September 15 of each year, and the Ministry of Public Finance has the obligation to introduce it in the draft state budget law for the next year. (1 ^ 3) The regulatory authority shall establish and communicate to the Ministry of Public Finance the conditions under which the universal difference service providers shall be transferred according to the provisions of para. (1 ^ 2), and the Ministry of Public 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. " 8. Article 27 shall be repealed. 9. In Article 35, the introductory part of paragraph 2 shall be amended and shall read as follows: "(2) The following categories of postal items are admitted to collection, sorting, transport and delivery only if, in addition to the general conditions, the special conditions provided for the transport of these goods are fulfilled, as follows:" 10. In Article 38, paragraph 5 shall be amended and shall read as follows: "(5) The universal service provider has the obligation to keep, for at least 18 months from the date of filing, the postal items that are subject to the services in the scope of the universal service that he was unable to deliver." 11. In Article 38, after paragraph 5, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) The terms provided in par. ((3)-(5) shall also apply to international postal items, if by international agreements to which Romania is a party it is not provided otherwise. (7) The term of storage of postal items in cases other than that provided in par. ((5) is established by the contract concluded by the provider of postal services with users, without being able to be less than 9 months from the date of submission of the postal item. " 12. In Article 41, paragraph 1 shall be amended and shall read as follows: "" Art. 41. -(1) The Expeditor shall be entitled to adequate compensation for the damage caused by the loss, theft, total or partial destruction or by the deterioration of the sending, compensation provided for in art. 42. Indirect damage and unrealized benefits shall not be compensated. " 13. in Article 44, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) The amounts whose payment or reimbursement has not been claimed by those in law, within 6 months from the date of their submission, shall remain definitively earned to the postal service providers." 14. in Article 45, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) Postal submissions that could not be delivered to recipients or to shippers become the property of the postal service provider, after the expiry of the retention period established according to art. 38 38 para. ((5) or (7), as appropriate. " 15. After Article 47 a new chapter is inserted, Chapter VIII ^ 1, comprising Articles 47 ^ 1 and 47 ^ 2, with the following contents: "" CHAPTER VIII ^ 1 Issuing and marketing of stamps and postal effects Art. 47 ^ 1. -(1) The stamps and postal effects are a manifestation of the sovereignty of the state and will be issued and put into circulation only under the authority of the state. (2) The issuance, implementation and withdrawal from circulation of stamps and postal effects, as well as their distribution and marketing shall be carried out by the Commercial Company "Romfilatelia"-S.A., legal person of public interest. (3) In addition to MSI, the philatelic commission is established, the structure without legal personality, with powers of approval and consultancy in the field of stamps and postal effects. (4) The structure, duties and functioning of the philatelic commission shall be established by Government decision, within 90 days from the entry into force of the law approving this emergency ordinance. (5) MSI is the body of the central public administration that exercises the control rights of the state on the issuing legal person of stamps and postal effects provided in par. ((2). Article 47 ^ 2. -(1) Application of art. 47 ^ 1 para. (2) is carried out in compliance with international agreements in the field to which Romania is part. (2) The plans of stamps and postal effects and the conditions for issuing, printing, putting into circulation, withdrawal from circulation and their marketing shall be established in compliance with the legal provisions and international agreements which Romania is a party. (3) The plans of stamps and postal effects shall be established annually by the Philatelic Commission, on the proposal of the legal person of public interest provided in art. 47 ^ 1 para. ((2). ' 16. In Article 52 (2), point 2 is amended and shall read as follows: "" Two. non-compliance, by the universal service provider, of the conditions established by ANCOM, according to art. 10 10 para. ((1) or art. 10 10 para. (3), as well as the violation of the obligations provided in 10 10 para. ((2); ' 17. Article 52 (2), point 13 shall be repealed. 18. In Article 52 (2), point 21 is amended and shall read as follows: " 21. non-compliance with the minimum term of retention of references provided in art. 38 38 para. ((5) and (6) or established according to art. 38 38 para. ((7); ' 19. In Article 52 (2), a new point shall be inserted after paragraph 22, paragraph 23, with the following contents: "" 23. non-compliance with the plans of stamps and postal effects or the conditions for issuing, printing, putting into circulation, withdrawal from circulation or marketing thereof. " 20. Article 53 (1) (2), (b) and (c) shall be amended and shall read as follows: " b) with a fine of 1,000 lei per 100,000 lei, for committing the contraventions provided in art. 52 52 para. ((2) 3 3, 11, 15, 19 and 23; c) with a fine of 5,000 lei up to 2% of the turnover, for committing the contraventions provided in art. 52 52 para. ((2) 1 1, 2, 4-10, 12, 14, 16 and 17. " 21. In Article 54, paragraph 1 shall be amended and shall read as follows: "" Art. 54. -(1) The control of compliance with the provisions of this emergency ordinance shall be a) ANCOM, acting through specialized personnel empowered for this purpose, hereinafter referred to as control personnel, or, as the case may be, the Ministry of Internal Affairs, acting through police officers or agents, officers and petty officers within the Romanian Gendarmerie, as well as the border guards, for the facts found in the specific area of competence; b) MSI, acting through the staff empowered for this purpose. " 22. In Article 55, paragraph 2 shall be amended and shall read as follows: " (2) Contraventions provided in art. 52 52 para. ((2) 1, 2, 4-6 and 15-22 are found by the control personnel through the minutes of finding the contravention and application of the sanction, and the sanction applies by the president of ANCOM, by written resolution, on the minutes of finding contravention and application of the sanction. " 23. in Article 55, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The finding and application of sanctions for the contravention provided in art. 52 52 para. ((2) 23 shall be carried out by the MSI staff empowered for this purpose, by the minutes of finding the contravention and application of the sanction. " 24. After Article 55, a new article is inserted, Article 55 ^ 1, with the following contents: "" Art. 55 55 ^ 1. --(1) By way of derogation from the provisions art. 15 15 para. (1) 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, the contraventions provided in art. 52 52 para. ((2) 3 3, point 7 7-12 and point 14 is found and sanctioned by decision by the President of ANCOM. (2) If, within the framework of a control action, the non-compliance with one of the legal provisions whose violation is provided for in contravention of art. 52 52 para. ((2) 3 3, point 7 7-12 and point 14, the person concerned shall be granted a period of not more than 5 days from the date of communication of the findings, in which he makes objections to the infringement committed. (3) The decision referred to in paragraph (1) must include the following elements: the identification data of the offender, the date of the act, the description of the contravention deed and the circumstances that may be considered to individualize the sanction, indication of the legal basis according to which the contravention is established and sanctioned, any objections made by the offender according to par. (2), the main sanction and possible complementary sanctions applied, the deadline and the method of payment of the fine, the term of exercise of the appeal and the court competent to settle the action. ((4) By way of derogation from provisions art. 13 13 para. (1) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the application of the sanction according to para. ((1) shall be prescribed within one year from the date of the act. In the case of violations that last in time or those carried out in consideration of the same resolution, by several actions or inactions, at different intervals of time, the prescription begins to run from the date of the finding or from the date of termination the last act or fact committed, if this moment intervenes before the finding. (5) The decision referred to in paragraph (1) is communicated to the offender and can be appealed in administrative litigation under the conditions art. 12 12 para. (5) of Government Emergency Ordinance no. 22/2009 on the establishment of the National Authority for Administration and Regulation in Communications, approved by Law no. 113/2010 , with subsequent amendments and completions. (6) The term within which the offender has the obligation to pay the fine is, by way of derogation from the provisions art. 28 28 para. (1) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, 30 days from the date of communication of the decision provided in par. ((1) and shall be expressly provided for in its contents. With the decision, the offender is also notified of the payment notice, which contains the mention on the obligation to pay the fine within the deadline provided for in the decision to find and apply the sanction. (7) The decision referred to in paragraph (1), uncontested within the legal period, as well as the final court decision by which the action in the administrative litigation brought against it was resolved constitutes an enforceable title, without any other formality. The action in administrative litigation under the conditions of par. (5) suspends the execution only in respect of the payment of the fine, until the court of judgment of a final judgment. ((8) The amounts from the fines imposed in accordance with the provisions of this Article shall be made in full to the state budget. The execution is made under the conditions provided by the legal provisions on the forced execution of tax claims. In order to implement the sanction, ANCOM communicates, ex officio, to the specialized bodies of the National Agency for Fiscal Administration, the decision provided in par. ((1), after the expiry of the period provided for in this or after the final stay of the court decision, by which the action in administrative litigation has been resolved. " 25. Article 56 (1) shall be amended and shall read as follows: "" Art. 56. -(1) In case of finding a contravention in accordance with the provisions of art. 55 or 55 ^ 1, ANCOM may order the necessary measures to ensure the cessation of the infringement and remedy the situation produced. The measures will be appropriate and proportionate to the infringement committed and will provide for a period within which the supplier must comply with them. " 26. In Article 56 (2), after letter b), a new letter, letter c, is inserted as follows: " c) for contraventions found in accordance with the provisions of art. 55 ^ 1, by the President of ANCOM, by decision. " 27. Article 58 is amended and shall read as follows: "" Art. 58. -(1) Taking into account the degree of social danger of the act committed, the circumstances in which the act was committed, the manner and means of committing it, the purpose pursued and the following produced, the President of ANCOM may order, by decision, the suspension or withdrawal of the right to provide postal services in the following situations: a) the violation, by postal service providers, of the rights granted to the universal service provider, pursuant to the provisions of art. 14 14; b) non-compliance, by the universal service provider, of the conditions established by ANCOM according to art. 10 10 para. ((1) or art. 10 10 para. (3) or violation of the obligations provided in art. 10 10 para. ((2); c) non-compliance, by postal service providers, with the obligations that incumba them, according to the general authorization regime; d) the violation, by the universal service provider, of the obligations provided in art. 16 16 para. (2) and (3), as well as non-compliance with the methods established by ANCOM, according to art. 16 16 para. ((4); e) the practice, by the universal service provider, of special tariffs, with non-compliance with the provisions of art. 17 17; f) non-compliance, by the universal service provider, of the obligation established in accordance with art. 18 18; g) the practice, by the universal service provider, of terminal tariffs, with non-compliance with the provisions of art. 19 19; h) non-compliance, by the universal service provider, with the obligation to keep a separate accounting record, under the conditions provided in art. 24 24; i) non-transmission of information requested according to art. 25 25 para. ((2), art. 50 50 para. ((1) or art. 54 54 para. ((2), as well as the information established in accordance with art. 50 50 para. ((3); j) non-compliance by postal service providers with the obligation imposed in accordance with the provisions of art. 28 28; k) failure by the universal service provider of the minimum quality requirements established according to the provisions of art. 30 30 para. ((1)-(3); l) non-compliance by the universal service provider with the obligations imposed according to art. 31. (2) In the event of the provision or provision by a postal service provider of services other than those for which it has obtained the right of supply, ANCOM will withdraw the supplier in question the right to provide postal services on the basis of the general authorisation, which cannot provide postal services for a period of 3 years after the application of the sanction. (3) If, within 45 days from the due date, the postal service provider does not pay the monitoring rate provided for in art. 5 5 para. (8) or the contribution and/or amounts collected to compensate for the net cost of services in the sphere of universal service, provided in art. 23, as well as their accessories, ANCOM, as the case may be, may suspend or withdraw its right to provide postal services on the basis of the general authorisation regime. (4) For the non-transmission, by the postal service provider, of the documents provided for in art. 130 130 para. (1) of Government Emergency Ordinance no. 111/2011 , approved with amendments and additions by Law no. 140/2012 , until September 10 of the year for which the monitoring tariff is due, ANCOM may suspend or withdraw it the right to provide postal services on the basis of the general authorization regime. ((5) Goods intended, used or resulting from crimes or contraventions may be confiscated only under the law. " 28. Article 61 shall be repealed. 29. After Article 61, a new article is inserted, Article 61 ^ 1, with the following contents: "" Art. 61 61 ^ 1. -In exceptional circumstances, such as: curfew, state of emergency, disasters or calamities, MSI, in collaboration with the Ministry of National Defence and the other institutions of the national defense system, may order reorganization, restriction or temporary suspension of postal services, making this decision public. " 30. Article 62 is amended and shall read as follows: " Article 62. -Government Ordinance no. 31/2002 on postal services, published in the Official Gazette of Romania, Part I, no. 87 of 1 February 2002, approved with amendments and additions by Law no. 642/2002 , as amended and supplemented, shall be amended as follows: 1. The title of the ordinance is amended and shall read as follows: " ORDINANCE on the Stamp Conservatory " 2. Article 1 shall be repealed. 3. In Article 2, the introductory part and letters a)-m) and a)-v) shall be repealed. 4. Articles 3 to 10 shall be repealed. 5. in Article 11, the introductory part and the letters c)-g) shall be repealed. 6 articles 12 to 14, 15, 16 and 18 shall be repealed. 7. Article 22 (1), (2) and (4) to (6) shall be repealed. 8 articles 23, 24, 25-32, 34 and 37-39 are repealed. 9. Articles 40, 41, 42 and 43 shall be repealed. 10. Articles 44, 45, 47-50, 52 and 53 shall be repealed. 11. Article 54 (1) shall be repealed. 12. Articles 55 to 57 shall be repealed. 13. In Article 58, paragraphs 1 to 19, 20 and 20 ^ 1 shall be repealed. 14. Article 59, point a) of paragraph 1 and paragraphs 2 and 4 shall be repealed. 15. Article 60 shall be repealed. 16. Article 61 (1), (3), (4) and (6) shall be repealed. 17. Articles 62, 65, 66 and 67-69 shall be repealed. ' This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 25 June 2013. No. 187. __________