The annual monitoring tariff is owed to ANCOM by all the providers of electronic communications networks and services and of postal services that obtain turnover or revenues exclusively from such activities which exceed the equivalent in RON of EUR 100,000, at the average exchange rate of the period when the turnover or revenues were achieved, calculated based on the monthly average exchange rate communicated by the Romanian National Bank.

ANCOM will not charge the annual monitoring tariff in 2024.

The current provisions take into account the calculation method for the monitoring tariff owed by the providers of public electronic communications networks and of publicly available electronic communications services, according to the provisions of Chapter X ”Monitoring tariff, of the Government Emergency Ordinance no.111/2011 on electronic communications, approved with amendments and completions by Law no.140/2012, with subsequent amendments and completions.

According to the provisions of art. 123 paragraph (1) of the Government Emergency Ordinance no.111/2011, ”(1) The amount of the annual fee charged by ANCOM as a monitoring tariff shall be calculated as a difference between:

a) the amount of ANCOM’s administrative expenses provided under paragraph (2), except those related to regulating and monitoring postal services, and

b) the revenues from other sources, minus the amounts required to cover ANCOM’s expenses other than the ones provided under letter a), and the amounts from the annual surplus resulting from the execution of previous years’ budgets.”

The monitoring tariff owed by each provider is calculated according to the provisions of art. 124, art. 125 and art. 126 of the Government Emergency Ordinance no.111/2011, as follows:

” Art. 124

(1) The monitoring tariff referred to in Article 122 shall be calculated as a percentage from the turnover achieved in the year preceding the year for which the tariff is owed, in the case of the persons who had the capacity as providers during the entire previous calendar year.

(2) In the case of the persons who did not have the capacity as providers during the entire previous calendar year, the monitoring tariff referred to in paragraph (1) shall be calculated as a percentage from the turnover registered in the months of the year preceding the year for which the tariff is owed, when the person in question had the capacity as a provider.

(3) The percentage referred to in paragraphs (1) and (2) shall be determined annually, without exceeding 2%, as a ratio between:

a) the amount provided in Article 123 (1), minus the revenues from the tariff provided in Article 126 paragraph (1) letter a) and from the monitoring tariff set in the previous years, at the end of the month preceding the one when the percentage is calculated; and

b) the cumulated turnover of the entities under paragraphs (1) and (2).

(4) By way of exception from the provisions of Article 122, the monitoring tariff calculated according to this Article shall be set only for the providers of public electronic communications networks and publicly available electronic communications services.

(5) In the case of the persons under paragraph (1), the amount considered for determining the monitoring tariff shall be the whole turnover presented in the annual financial statements prepared for the year preceding the year for which the monitoring tariff is owed.

(6) The turnover of the persons under paragraph (2) shall be determined by cumulating the revenues obtained in the months of the year preceding the year for which the tariff is owed, when they had the capacity as providers, taking into consideration including the month when they gained such capacity.

(7) As for the authorised natural persons, individual enterprises and family associations, the turnover shall be composed of the total gross revenues obtained in the year preceding the year for which the monitoring tariff is owed, respectively the total gross revenues obtained in the months of the year preceding the year for which the tariff is owed, when they had the capacity as providers.

Art. 125

(1) The amount of the annual monitoring tariff owed by each provider shall be determined upon applying the percentage mentioned in Article 124 paragraph (3) to the turnover referred to in Article 124 paragraphs (5), (6) or (7), as appropriate.

(2) The amount of the monitoring tariff under paragraph (1) shall be set on the date of determining the cumulated turnover under Article 124 paragraph (3) letter b), but no later than 15 September of the respective year, by decision of the ANCOM president, which is to be communicated to each provider.

Art. 126

(1) At the cessation of the capacity as a provider, regardless of its form, any provider shall pay the set monitoring tariff as follows:

a) if the capacity as a provider ceased before determining the annual monitoring tariff pursuant to Article 125 paragraph (2), the provider shall owe a monitoring tariff which stands for the multiplication result between the percentage set by ANCOM under the terms of Article 124 paragraph (3) for the previous year and the turnover achieved in the previous year or in the months of the previous year when the respective provider had such capacity, cumulated with the turnover obtained in the months when it had such capacity of the year during which the cessation takes place;

b) if the capacity as a provider ceases after determining the annual monitoring tariff pursuant to Article 125 paragraph (2), besides this tariff, the provider shall owe an additional tariff, calculated as the multiplication result between the percentage set by ANCOM under the terms of Article 124 paragraph (3) for the ongoing year and the turnover obtained in the months when it had such capacity of the year during which the cessation takes place.

(2) Within 15 days from the cessation of the capacity as a provider, the persons owing the monitoring tariff referred to in paragraph (1) shall submit to ANCOM a statement on the turnover achieved in the previous year or in the months of the previous year when they had such capacity, cumulated with the turnover achieved in the months they had the capacity as providers of the year during which the cessation takes place or, respectively, on the turnover achieved in the months in which they had this capacity of the year during which the cessation takes place, under the conditions set out by ANCOM.

(3) Where the persons under paragraph (1), including those whose capacity as a provider ceased before the entry into force of this Emergency Ordinance, do not communicate to ANCOM, in the timeframe specified in paragraph (2), the documents referred to in paragraph (2), ANCOM shall require these persons to pay the monitoring tariff owed at the cessation of the capacity as a provider, by taking into consideration the last turnover available to ANCOM, multiplied by 1/12 and by the number of months of the year when they had this capacity and a monitoring tariff had not been established, excluding the month when the capacity ended, and the last percentage of the turnover set by ANCOM, with a view to calculating the monitoring tariff prior to cessation.

(4) The monitoring tariff owed pursuant to paragraph (1) letter a) shall be set out by decision of the ANCOM president, and the remaining amount resulted from the difference between this tariff and the prepayments established according to Article 127 paragraph (1) shall be paid in the timeframe provided for in Article 128 or, as appropriate, shall be returned by ANCOM in line with the Fiscal Procedure Code.

(5) The monitoring tariff owed pursuant to paragraph (1) letter b) shall be set out by decision of the ANCOM president and shall be paid in the timeframe specified in Article 128.

(6) The persons whose capacity as a provider of electronic communications networks or services or as a postal service provider ceased in the same year they gained this capacity shall owe a monitoring tariff standing for the multiplication result between the percentage under paragraph (1) letter a) or, as appropriate, under paragraph (1) letter b) and the turnover obtained in the months in which they had such capacity, including the month when they gained the capacity and excluding the month it ceased.

(7) The persons under paragraph (6) shall be appropriately applied the provisions of paragraphs (2) to (5).

(8) As for the providers whose capacity ceased as a result of a merger, the monitoring tariff under paragraph (1) shall be set for the absorbing or newly established companies, as the case may be.”

The provisions regarding the payment of the monitoring tariff are laid down in Art. 127 and Art. 128 of the Government Emergency Ordinance no.111/2011.

” Art. 127

(1) ANCOM may require the persons referred to in Article 122 to phase the payment of the annual monitoring tariff, as follows:

a) a share of 30% of the last monitoring tariff owed, until the 15th of March, but not less than 15 days from the communication of the ANCOM president’s decision;

b) a new share of 30% of the last monitoring tariff owed, until the 15th of June, but not less than 15 days from the communication of the ANCOM president’s decision.

(2) The amount of the prepayments referred to in paragraph (1) shall be set out until the 15th of February by decision of the ANCOM president.

(3) The last monitoring tariff owed, based on which the prepayments are determined, is the monitoring tariff set out pursuant to Article 125 paragraph (2), without considering the prepayments made in the respective year.

(4) The difference between the annual monitoring tariff determined pursuant to Article 125 paragraph (2) and the possible prepayments determined according to paragraph (1) shall be paid in the timeframe specified in Article 128 or, as appropriate, shall be returned by ANCOM in accordance with the Fiscal Procedure Code.

Art. 128

The target date set for the payment of the tariffs referred to in Article 126 paragraphs (4) or (5) and in Article 127 paragraph (4) shall be the 25th of the month following the month when the decision was issued, but not less than 15 days from its communication date.”

The legislative solution is inspired by the regulations existing at the EU level, and it involves the financing of the regulatory authorities mainly from the contributions of the entities in its regulatory field.