Drept & Internet - noutati si opinii

Pe scurt - asa cum am mai precizat si in alte ocazii - Romania a transpus legislatia comunitara - mai ramin probleme la implementare - uneori grave. Iata pe capitole importante principalele chestiuni :

A. Reglementari privind Societatea Informationala - pag 35

" As regards information-society regulations, the electronic commerce directive has been transposed, but further amendments are still needed to fully comply with the acquis. The building-up of the necessary administrative capacity for the implementation of the ecommerce rules and the implementation of information technology in the Romanian public administration need to continue."

B. Reglementari privind comunicatiile electronice - pag 60

"With regard to electronic communications and information technologies, continued
progress has been made with liberalising the telecommunications market and with
completing the alignment with the 2002 acquis, including implementing legislation.
The transitional measures which maintain obligations on operators having significant market power have been well implemented as regards interconnection in the fixed and mobile networks, carrier selection, local loop unbundling and the cost orientation of retail tariffs (tariff rebalancing). Measures on carrier pre-selection, number portability and minimum set of leased lines are being implemented. However, the current national numbering plan could raise obstacles to competition and should be addressed as a matter of priority. The universal service implementation mechanism has been poorly supported by operators, but is being reviewed to ensure compliance with the universal service law taking into consideration the economic context of the country.
The National Regulatory Authority for Communications (NRA) has been operational since September 2002. It is an independent entity with regard to structure, operations andfinancing, but is subordinated to the government. Spectrum management and regulation is entrusted to the Inspectorate General for Communications and Information Technology.
Since November 2004, the Inspectorate has run as an autonomous institution, under the subordination of the Romanian government. Both organisations, together with the
competition authority need to work in full and effective cooperation. In addition, since the state remains a large shareholder in several operators (Romtelecom, SNR, PostTelecom) effective structural separation of the regulatory function from activities associated with ownership or control needs to be fully secured. This means in particular that, beyond establishing a regulatory organisation as a separate legal entity, the security of tenure that NRA officers are given during their term of office should not be jeopardised by changes in government. Further legislative progress can be reported in transposing the postal services acquis as the legislation on licensing and authorisation of postal services has been implemented.
Conclusion
Romania is generally meeting the commitments and requirements arising from the accession negotiations in the area of telecommunications and information technologies. Attention should be devoted to the universal service implementation arrangements in accordance with the provisions of the universal service law, and to harmonisation with EU practices in the identification of relevant markets, including on public mobile networks. Finally, full independence of regulatory bodies needs to be enforced, taking full account of the separation of regulatory and operational functions required by the acquis, since the government represents the state as shareholder in several operating companies."

C. Protectia Datelor Personale

pag 36
Significant efforts are needed to ensure that the newly established Authority for Personal Data Processing becomes fully operational and is effectively implementing the data protection acquis.
pag 70
As regards data protection (see also under Chapter 3 – Freedom to provide services),
Romania signed in July 2005 an Additional Protocol dealing with supervisory authorities and transborder data flows to the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. In May 2005 a law was adopted that created a new National Supervisory Authority for Personal Data Processing, which is an independent body separate from the Ombudsman’s Office. While a President was appointed in September 2005 it is a matter of concern that the Authority is not yet fully operational. Additional staff needs to be recruited, the Authority’s budget needs to be ensured and the implementation of data protection legislation needs to be considerably strengthened, particularly as regards citizens’ right to access the information that is held on them by data controllers. Romania needs to ensure that it will be prepared to implement the data protection acquis. The handover between the Ombudsman’s Office and the new Authority needs to be managed very carefully and the data protection activity of the Authority must exceed that of the Ombudsman’s Office currently.
....
.... and making the Authority for Personal Data Processing fully operational by increasing its staff, ensuring its budget and considerably strengthening the implementation of data protection legislation, without which there is a risk that Romania may not be ready to implement the acquis in this area.

D. Proprietate intelectuala si industriala - pagina 38

In the area of protection of intellectual and industrial property rights (IPR), the
Romanian legislation is generally in line with the acquis.
As regards copyright and related rights, further alignment has been taken place, in particular the provision which caps the share of royalties that can be collected from certain users (mainly cable operators and commercial users) has been repealed. However, some limited improvements are still needed. The directives on the artist’s resale right and on the enforcement of intellectual property rights should be fully implemented before accession.
Furthermore, the Romanian authorities should ensure that an effective system of collective rights management is in place and working. Enforcement of the copyright legislation remains a serious shortcoming which needs to be addressed as a matter of urgency.
In the area of industrial property rights, Romania has ratified the two 1996 Treaties of the World Intellectual Property Organisation and has acceded to the European Patent Convention.
Specific transitional rules will apply in relation to pharmaceutical products patents, involving the non-application of Community exhaustion to certain exports from Romania, as regards the granting of supplementary protection certificates for medicinal and plant protection products, and in relation to the extension of registered and pending Community trademarks and Community designs to the territory of Romania.
In terms of the enforcement of IPR, administrative structures are in place, but the overall enforcement capacity remains weak. Urgent measures to strengthen the administrative capacity and the enforcement of legislation are needed at all levels of the administration, including the judiciary and law enforcement agencies. In order to cope with the persistent high level of counterfeiting and piracy, full co-ordination and improved cooperation between all relevant Ministries, the General Prosecutor’s Office, the Copyright Office, the Patent Office and the relevant law enforcement agencies should be ensured. Staff recruitment should continue and training, in particular of judges, prosecutors, customs, police and border
control staff should be intensified. The Romanian authorities need to ensure a practical and effective implementation of the new IPR strategy and action plan, which was adopted in September 2005.
....
The enforcement of the protection of intellectual and industrial property rights remains an area of serious concern. While from the legislation point of view a limited number of legislative adjustments are still needed, enforcement of IPR continues to cause significant problems which have to be addressed as a matter of high priority. Urgent attention should be given to step up the fight against piracy and counterfeiting, to improve the cooperation between law enforcement agencies, the general prosecutor and the judiciary, to strengthen the border control capacity and to intensify staff training."

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