4. Documents required for determinig themonitoring tariff
According to the provisions of Article 130 paragraphs (1)-(5) of the Government Emergency Ordinance no.111/2011,” (1) The persons mentioned in Article 124 paragraphs (1) and (2), except for the persons under paragraph (2), shall send ANCOM the annual financial statements containing the 98/130 turnovers under the profit and loss account, necessary for determining the monitoring tariff, within 7 days from the expiration of the legal term provided for their submission to the competent bodies they are registered with, according to the legislation in force.
(2) The authorised natural persons, family associations and individual enterprises owing the monitoring tariff referred to in Article 124 shall send ANCOM the annual financial statements on the gross revenues achieved, necessary to determine the monitoring tariff, within 7 days from the expiration of the legal term provided for their submission to the competent bodies they are registered with, according to the legislation in force.
(3) The persons under Article 124 paragraph (2) shall send ANCOM, in the timeframe established in paragraph (2), the statement on the turnover achieved in the months of the previous year when they had the capacity as providers of electronic communications networks or services or of postal services.
(4) The non-submission within the terms and under the conditions set by the legal provisions of the documents referred to in paragraph (3), necessary to determine the monitoring tariff, shall trigger its determination based on the turnover provided for in Article 124 paragraph (5).
(5) Failure to submit the documents referred to in paragraphs (1) and (2) shall trigger the determination of the monitoring tariff by considering the last turnover made available to ANCOM.”
Moreover, failure to submit the annual financial statements in accordance with Article 130 of the Government Emergency Ordinance no.111/2011 is a contravention, according to the provisions of Article 142 item 54 of the Government Emergency Ordinance no. 111/2011, and is sanctioned by a fine amounting from RON 5,000 to RON 60,000, and – for repeated breaches -, by fine amounting to maximum RON 100,000, for companies with a turnover of up to RON 3,000,000. By way of exception from the provisions of Article 8 (2) letter a) of the Government Emergency Ordinance no.2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no.180/2002, with the subsequent amendments and completions, for companies with a turnover of more than RON 3,000,000, the previously mentioned contravention is sanctioned by a fine amounting to maximum 2% of the turnover, and – for repeated breaches – by fine of maximum 5% of the turnover.
For the providers of electronic communications networks and services and/or of postal services that chose their monitoring tariff to be calculated based on the revenues obtained from the provision of electronic communications networks and services and/or of postal services, the manner of exercising the right of option and the documents that must be transmitted to ANCOM for the purpose of determining this tariff are regulated by the ANRCTI President’s Decision no.2892/2007 on the procedure of determining certain financial obligations of the provisers of electronic communications networks or services and of the providers of postal services to the National Authority for Regulation in Communications and Information Technology.
This category of providers, according to the provisions of Article 5 (5) of the ANRCTI President’s Decision no.2892/2007, “shall draw up and send to ANRCTI, together with the annual financial statements, the Statement on the revenues achieved from the provision of electronic communications networks or services and/or from the provision of postal services and the Consolidated monthly statements on the revenues achieved from the provision of electronic communications networks or services and/or from the provision of postal services within 5 days from the expiry date of the legal term provided for the submission of the annual financial statements to the competent bodies, according to the legislation in force”.
Failure to send the Statement on the revenues achieved from the provision of electronic communications networks or services and/or from the provision of postal services and the Consolidated monthly statements on the revenues achieved from the provision of electronic communications networks or services and/or from the provision of postal services, according to the provisions of Article 5 (6) of the ANRCTI President’s Decision no.2892/2007, will trigger ANCOM to determine the financial obligations based on the turnover.
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