According to Art. 33 (1) of Law no.36/2016, postal services are proivided under under the general authorization regime. This legal regime sets forth the rights and obligations specific to the postal sector and enables the provision of postal services and, where appropriate, the establishment and operation of postal networks for the provision of such services, without obtaining an explicit decision from ANRCETI before exercising the rights under the general authorization
The general authorization allows natural or legal persons, registered as entrepreneurs to enter the postal market, by notifying ANRCETI about the intention to provide postal services. The general authorization regime gives natural or legal person who submitted such notifications the right to provide postal services and conclude agreements for the use of the public postal network.
The general authorization conditions for postal service provision require the following:
a) compliance with the essential requirements by providers;
b) presentation of information to ANRCETI under Law No.36/2016;
c) availability of premises for service provision to users, technical equipment and vehicles needed for such activity.
The right to provide postal services is granted provided the person assumes the obligation to comply with the essential requirements and legal provisions regulating those essential requirements, including those contained in the regulations issued by ANRCETI pursuant to Law no. 36/2016.
The essential requirements are general non-economic conditions for the provision of postal services, consisting of: ensuring confidentiality of correspondence, security of the postal network as regards the transportation of dangerous goods and, where justified, data protection, protection of environment and compliance with territory planning. Data protection includes protection of personal data, confidentiality of information transmitted or stored and privacy protection.
The preparation of documents under the general authorization regime is free of charge and the right to provide postal services under the general authorization regime applies without any time limitation.
The general authorization mechanism for postal service provision was implemented with effect from October 29, 2016, six months after entry in force of Law no.36/2016.