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Law No. 238 Of 28 November 2016 Approving Ordinance No. 27/2016 For The Modification And Completion Of The Emergency Ordinance Of Government No. 13/2013 Concerning Postal Services

Original Language Title: LEGE nr. 238 din 28 noiembrie 2016 privind aprobarea Ordonanţei Guvernului nr. 27/2016 pentru modificarea şi completarea Ordonanţei de urgenţă a Guvernului nr. 13/2013 privind serviciile poştale

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LEGE no. 238 238 of 28 November 2016 on approval Government Ordinance no. 27/2016 to amend and supplement Government Emergency Ordinance no. 13/2013 on postal services
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 967 967 of 29 November 2016



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 27 27 of 29 August 2016 to amend and supplement Government Emergency Ordinance no. 13/2013 on postal services, adopted pursuant to art. 1 1 section VII.1 of Law no. 123/2016 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 672 of 31 August 2016, with the following amendments and additions: 1. In Article I, point 2, point 13 of Article 2 is amended and shall read as follows: "" 13. postal address-good addressed, in the final form in which it is to be transported and delivered to the address indicated by the sender on the sending itself, on the packaging or in a distribution list. In addition to the mailing references, in this category are included, for example, the prints, the "M" bags, the small packages, the postal parcels containing goods with or without commercial value and the postal warrants on paper. Hybrid references are not included in this category; '. 2. In Article I, after point 5, a new point is inserted, paragraph 5 ^ 1, with the following contents: "" 5 ^ 1. In Article 2, a new point is inserted after point 23, paragraph 23 ^ 1, with the following contents: "" 23 ^ 1. hybrid references-references submitted by the sender in physical or electronic form (electronic mail, SMS, fax, etc.) and where the supplier has processed the message (decompacting, decryption, archiving, etc.), its transport being carried out mainly by transmitting electronically to the points in the postal service provider's network closer to the recipient, from where the references are distributed to the recipient in physical form or in electronic form in the case of references presented in physical form; the services having as their object the hybrid references are services related to postal services; ''; 3. In Article I, after point 11, a new point is inserted, paragraph 11 ^ 1, with the following contents: "" 11 ^ 1. In Article 22, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) In case of sharing the net cost between postal service providers and/or users according to the provisions of par. ((1) lit. b), will not be taken into account the services that have as object postal items that exclude them from the scope of the universal service and neither the services that present additional features compared to those provided by the present emergency ordinance for services included in the scope of the universal service, as determined by the regulatory authority. "" 4. in point 12 of Article I, Article 23 shall be amended and shall read as follows: "" Art. 23. -(1) For the application of art. 22 22 para. ((1), within 160 days of receipt of a request for compensation of the correct and complete net cost, the regulatory authority shall communicate to the Ministry of Communications and to the Information Society the decision on the amount of net cost determined after its analysis, and the Ministry of Communications and for the Information Society has the obligation to initiate the draft Government decision on the compensation mechanism. (2) The Government shall establish the use of one of the two sources of financing the net cost in compliance with the principles of transparency, the minimum touching on competition, non-discrimination and proportionality. (3) Sharing of the net cost between postal service providers, provided in art. 22 22 para. ((1) lit. b), can only be used in so far as the amount of the amounts that should be collected for the compensation of the net cost determined according to ((1) would be reasonable and would not affect the economic viability of suppliers, without being able to exceed the maximum limit of 0.6% of the turnover in the provision of the services established according to art. 22 22 para. (1 ^ 1), registered in the year for which the net cost compensation is made, the turnover calculated by the regulatory authority and communicated to the Ministry of Communications and for the Information Society within the period provided in par. ((1). (4) Sharing the net cost between users, provided in art. 22 22 para. ((1) lit. b), can be carried out only if the affordability of the tariffs for the services established according to 22 22 para. (1 ^ 1), a condition whose compliance will be established by the regulatory authority and communicated to the Ministry of Communications and for the Information Society within the period provided in par. ((1). (5) The turnover provided in par. ((3) shall be calculated taking into account the turnover in the provision of the services established in accordance with 22 22 para. (1 ^ 1), recorded in the year for which the net cost compensation is made, of all postal service providers who had this quality during the year for which the contribution is due, quality that subsists and at the time of the calculation of the figure of the business provided in par. ((3). (6) In order to compensate the net cost by sharing the net cost between postal service providers, ANCOM will charge from the providers of postal services established according to art. 22 22 para. (1 ^ 1), having a turnover greater than or equal to 500,000 lei, recorded in the year for which the net cost compensation is made, a contribution proportional to the income from the provision of the services established according to art. 22 22 para. ((1 ^ 1) during the year for which the contribution is due. (7) Persons obliged to pay the contribution provided in par. (6) are those who had the status of postal service provider during the year for which the contribution is due, quality that subsists and on the date of establishment of the contribution provided in par. ((6). (8) In order to determine the amount of individual contributions, ANCOM will use the information on the revenues obtained from the provision of postal services established according to art. 22 22 para. (1 ^ 1), as made available to the authority by postal service providers, according to the procedure established by decision of the President of ANCOM. (9) If the suppliers referred to in par. (6) do not transmit the information provided in par. (8), in determining the individual contributions, the entire turnover of the latter recorded during the year for which the contribution is due will be taken into account. (10) Taking into account the provisions of par. (3)-(9), by the Government's decision provided in art. 22 22 para. ((1) lit. b) the method and payment deadline of the contributions due by the postal service providers or the amounts collected by the postal service providers from the users, the way and the payment deadline of the amounts transferred to the providers of universal service to offset the net cost, as well as any other elements necessary for the operation of the compensation mechanism. ((11) Provisions of para. ((3)-(9) shall also apply accordingly to the sharing of the net cost between postal service providers and users, as provided for in art. 22 22 para. ((1) lit. b). ((12) Contributions owed by postal service providers or amounts collected by postal service providers from users to offset the net cost of providing services within the scope of universal service, pursuant to this article, constitutes budgetary claims assimilated to tax receivables and is administered by the regulatory authority, and the provisions Law no. 207/2015 on the Fiscal Procedure Code, with subsequent amendments and completions. ((13) Where the net cost of providing services in the scope of universal service has been made, the regulatory authority shall publish an annual report on this cost and the mechanism for its compensation. " 5. In Article I, after point 15, a new point is inserted, paragraph 15 ^ 1, with the following contents: "" 15 ^ 1. In Article 33, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: " (2 ^ 1) Contract provided in par. ((2) the provisions shall apply accordingly Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions. "" 6. In Article I, after paragraph 19, a new point is inserted, paragraph 19 ^ 1, with the following contents: "" 19 ^ 1. In Article 50, paragraph 1 is amended and shall read as follows: "" Art. 50. --(1) ANCOM may request in writing to postal service providers, other persons carrying out activities in areas related to the postal services market or to users legal persons any information necessary for the exercise of the tasks established by this Emergency Ordinance, including financial information or information aimed at providing services within the scope of the universal service, respecting, where appropriate, the confidentiality of the information received. "" 7. In Article I, after paragraph 23, a new point is inserted, paragraph 23 ^ 1, with the following contents: "" 23 ^ 1. In Article 57 (1), the introductory part is amended and shall read as follows: "" Art. 57. -(1) ANCOM may oblige postal service providers, other persons who carry out activities in areas related to the postal services market or users legal persons to pay administrative fines from 100 lei to 15,000 lei for every day of delay, to determine them: "." 8. In Article II, paragraph 2 shall be amended and shall read as follows: " (2) Provisions of art. I section 11, 11 ^ 1 and 12 are applicable from the first decision of the president of ANCOM issued after the entry into force of this ordinance, which will achieve a compensation of the net cost related to the provision of postal services in the sphere of service universal. " 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, November 28, 2016. No. 238. --------