RomaniaElectronic communications code (Government Emergency Ordinance 111/2011 as amended by Law 198/2022), access of end users with disabilities to emergency communications
OUG nr. 111/2011 art. 70 alin. (7), (9), (15) și (16), art. 142 pct. 37, 37^1 și 37^3, art. 143 și art. 144 privind comunicațiile electronice, astfel cum au fost înlocuite sau introduse prin Legea nr. 198/2022
In force.
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you provide publicly available number-based interpersonal communications services that originate calls to a number in the national or an international numbering plan, take measures so that end users with hearing or speech disabilities, or with hearing or speech impairments proved by a medical document, can reach the single European emergency number 112 and other national emergency numbers through emergency communications on terms equivalent to those of other end users, in line with Directive (EU) 2019/882 (Art. 70(7); implements Directive (EU) 2018/1972, Art. 109(2) and (5)).
- Take the measures that ANCOM sets by decision for providers of publicly available number-based interpersonal communications services to comply with Article 70(7) and (8), the decision being the one in the entry for ANCOM Decision 786/2022 (Art. 70(9)).
- If an ANCOM decision pursuant to Article 70(15) requires you to give information on the existence, use and accessibility of 112 in subscriber directories, in documents for end users or in bills, give that information to end users with disabilities in formats accessible to them and adapted to the different types of disability (Art. 70(15) and (16)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 143(1)(a) of the code fines a contravention of Article 142 from 5,000 lei to 60,000 lei, and up to 100,000 lei for repeated breaches. Article 143(1)(b), in derogation from Article 8(2)(a) of Government Ordinance 2/2001, lets the fine reach up to 5 percent of turnover, and up to 10 percent for repeated breaches, for a person whose turnover exceeds 3,000,000 lei. Turnover is the figure in the last annual financial statement the operator reported (Article 143(3)). Article 151(1) separately lets ANCOM impose administrative fines of up to 30,000 lei for each day of delay to compel the compliance it lists. Article 143(7) lets the offender pay, within 15 days of receiving or being notified of the contravention report, half of the fine applied, in derogation from Government Ordinance 2/2001. Article 149(1)(a) lets ANCOM, once a contravention is found, order the infringement to end and the measures needed to remedy it, and Article 151(1)(e) lets the daily fines compel compliance with those measures. The amounts are in lei and are those of the consolidated text of the code to .
- Rule
- Higher of
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 60,000
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The National Authority for Administration and Regulation in Communications (ANCOM), whose control staff record the contraventions (Government Emergency Ordinance 111/2011, Articles 137(1) and 144(1))
What this law does
Article 70(7) of Government Emergency Ordinance 111/2011, as replaced by Law 198/2022, requires providers of publicly available number-based interpersonal communications services that originate calls to a number in the national or an international numbering plan to take measures so that end users with hearing or speech disabilities, or with hearing or speech impairments proved by a medical document, reach the single European emergency number 112 and other national emergency numbers through emergency communications on terms equivalent to those of other end users, in line with Directive (EU) 2019/882.
Article 70(9) lets ANCOM set by decision the measures that those providers must take to comply with Article 70(7) and (8). Article 70(15) has ANCOM set by decision the measures that inform the public of the existence, use and accessibility of 112, including measures aimed specifically at end users with disabilities. Article 70(16) has the information measures for end users with disabilities carried out in formats accessible to them and adapted to the different types of disability.
Article 70(7) implements Article 109(2) and (5) of Directive (EU) 2018/1972, under which access for end-users with disabilities to emergency services through emergency communications is to be equivalent to that enjoyed by other end-users. Article 142, point 37, of the code makes non-compliance with Article 70(5) to (7) and (12) a contravention. Article 142, point 37^1, does the same for the measures imposed pursuant to Article 70(9).
Article 142, point 37^3, does the same for the measures ANCOM imposes pursuant to Article 70(15) and (16). Article 56(1) of Law 198/2022 brings the points of its Article 2 that rewrite Article 142, including points 220, 231 and 232, into force 30 days after its publication. ANCOM made its Decision 73/2023 on the information obligations to end users pursuant to Article 70(15) and (16) of the code, among other provisions.
Article 17(2) of that Decision requires the information on free access to 112 that providers give in contract documents and bills to be made available to end users with disabilities in an accessible and relevant format, adapted to the different types of disability. ANCOM control staff find these contraventions pursuant to Article 144(1). ANCOM relied on Article 70(7) and (13) of the code as part of the legal basis of its Decision 786/2022.
Article 70(10) has ANCOM and the administrator of the national single emergency call system take measures so that end users with disabilities from abroad can call the emergency services when traveling in Romania.
When LexLint raises it
When your app profile says your app provides telecom services.
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