Registration procedure in the RoSETRE platform for obtaining the quality of Provider or Main Service Provider - SETRE

The provisions of this document are applicable to all economic operators requesting registration in the RoSETRE platform, for the purpose of submitting supporting documents related to the registration procedure as a provider of the European Electronic Toll Service in Romania or as a main service provider on the territory of Romania, available at www.setre.gov.ro.

A. Registration in the RoSETRE platform

1. The applicant will create an account by submitting the following documents (pdf format):
   • - Certificate of Good Standing issued by the National Trade Register Office, issued no more than 30 days before the date of submission of the request, and, as the case may be, the articles of association, documents from which it must result that it has as object of activity monitoring the availability of navigation and satellite location data. In the case of economic operators from other EU member states, an equivalent document issued by the competent authorities will be submitted.
   • - Copy of the identity card of the legal representative / empowerer (in case of empowerment, a copy of the empowerment document is also sent).
2. Documents transmitted electronically must be signed with a qualified digital certificate registered in the name of the applicant or with any other type of electronic signature recognized by the provisions of Romanian legislation.
3. Applications will be processed on a first-come, first-served basis.
4. Registration as a PROVIDER or MAIN SERVICE PROVIDER, as well as updates to documents, contact details, including email from the provider's account, are done online using the forms available at www.setre.gov.ro.
5. After submitting the application, the applicant will receive an email notifying them if their registration application has been accepted or rejected.
6. In case of rejection of the request to open the account in the RoSETRE platform, the applicant will receive the reason for the rejection, having the possibility to resume the registration procedure after correcting the reason for rejection.

B. Documents Required for Registration as a Provider or Main Service Provider - SETRE

1. The application for registration in the National Electronic Register, which includes the identification data and contact information of the applicant, available in electronic format in the account opened at www.setre.gov.ro "account" section, managed by ICI Bucharest.
2. Certificate of Good Standing issued by the National Trade Register Office, issued no more than 30 days before the date of submission of the request, and, as the case may be, the articles of association, from which it results that it has as object of activity monitoring the availability of navigation and satellite location data.
3. Certificate of conformity of the quality management system for the activity carried out, in accordance with EN ISO 9001, issued by an accredited certification body. It must be valid for at least 12 months from the date of application.
4. Detailed list of technical equipment available and to be made available for the provision of SETRE and, for each interoperability constituent used to provide the electronic toll service:
   1. EC declaration of conformity, containing the information provided in point VI of Annex III to Commission Implementing Regulation (EU) 2020/204 of 28 November 2019 on the detailed obligations of providers of the European electronic toll service, the minimum content of the declaration on the scope of the European electronic toll service, electronic interfaces and requirements for interoperability constituents and repealing Decision 2009/750/EC; or
   2. Certificate issued by a notified body attesting the conformity of interoperability constituents with the specifications, according to Annex III to Implementing Regulation (EU) 2020/204;
   3. The EC declaration of conformity or the Certificate issued by a notified body mentioned in point I) and II) must be valid for at least 6 months at the date of submission of the application.
5. Declaration of the legal representative or their empowerer showing that they have provided, at least in the last 12 months, electronic toll services. The declaration will be accompanied by supporting documents, issued or countersigned by the beneficiary of the service, showing information regarding the beneficiary, their quantity and value, recommendations regarding the quality of the service provided.
   
   Exception: In case that, for objective reasons, including the date of establishment of the company, the extension or modification of the object of activity by introducing a new CAEN code or other similar situations, the legal person cannot prove a similar experience of at least 12 months in the field of electronic toll services, it is mandatory to present an audited business plan. The business plan will include, under the sanction of rejection, cash flow projections, details regarding the planned sources of financing, in order to carry out the activity for a determined period, any other relevant information in the field of electronic toll services or SETRE main services. The validity of the Business Plan will be between 12 months - 24 months from the date of submission of the documentation. After the expiration of the business plan's validity, the legal person has the obligation to present the declaration mentioned in letter e) of this procedure. Failure to comply with this obligation leads to suspension from the Register.
6. Audited annual financial statements for the last 3 years with a closed financial year or equivalent documents, such as financial audit reports prepared by specialized entities, assumed trial balances. If the situations for the closed financial year have not yet been finalized, according to the provisions of the incident legislation in the field, then those for the last 3 years with a closed financial year are submitted.
7. Valid certificates, issued by competent authorities, attesting that there are no outstanding obligations to the consolidated state budget and/or the local budget.
8. A global risk management plan which must include: I. Description of the organization; II. List of all identified, evaluated and qualified risks; III. Planned mitigation measures and strategies to prevent the occurrence of identified risks or to remedy their impact, especially in the economic, financial and technical fields.
9. Self-declaration of the legal representative or their empowerer, confirming that they are not in any of the following situations:
   1. In bankruptcy, in insolvency, in a state of suspension of activity or in any similar situation determined by a similar procedure, according to the specific legislation in force;
   2. Is the subject of a bankruptcy or insolvency declaration procedure or any other similar procedure, according to the specific legislation in force.
10. Criminal record certificate, within the period of validity, showing that it has not been convicted, by a definitive judgment of a court of law, for committing one of the following offenses:
    1. Constitution of an organized criminal group, provided for in art. 367 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and additions;
    2. Corruption offenses, provided for in art. 289—294 of Law no. 286/2009, with subsequent amendments and additions, and offenses assimilated to corruption offenses, provided for in art. 10—13 of Law no. 78/2000 for the prevention, discovery and sanctioning of corruption acts, with subsequent amendments and additions;
    3. Offenses against the financial interests of the European Union, provided for in art. 181—185 of Law no. 78/2000, with subsequent amendments and additions;
    4. Terrorist acts, provided for in art. 32—35 and art. 37—38 of Law no. 535/2004 on preventing and combating terrorism, with subsequent amendments and additions;
    5. Money laundering, provided for in art. 49 of Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as for modifying and completing some normative acts, with subsequent amendments and additions, or terrorist financing, provided for in art. 36 of Law no. 535/2004, with subsequent amendments and additions;
    6. Fraud, within the meaning of Article 1 of the Convention on the Protection of the European Communities' Financial Interests of 27 November 1995;
    7. That it has not been definitively sanctioned/convicted for violating the legislation in connection with its professional conduct.
11. Criminal record certificates, within the period of validity, of the members of the administrative, management, supervisory body, of those who have representation, decision or control power, as they are registered in the certificate of good standing issued by the National Trade Register Office and from which it results that they have not been convicted, by a definitive judgment of a court of law, for committing one of the offenses provided for in let. j).
12. Fiscal record certificate, within the period of validity.
13. Self-declaration of the legal representative or their empowerer confirming compliance with the provisions of Regulation (EU) 2016/679, of Law no. 190/2018 on implementation measures for Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), with subsequent amendments, of Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent amendments and additions, and of Law no. 363/2018 on the protection of natural persons with regard to the processing of personal data by competent authorities for the prevention, discovery, investigation, prosecution and combating of crimes or the execution of punishments, educational and safety measures, as well as on the free movement of such data.
14. Submitted documents will be written in Romanian or, if applicable, will be accompanied by an authorized translation into Romanian.

C. Required Documents for Registration — Provider from Another EU Member State

1. SETRE providers accredited in other registers, in accordance with Directive (EU) 2019/520, have the obligation to submit, for registration, a self-declaration regarding registration in the register of the member state of origin, showing that the provider is registered and has operational status at the date of submission of the declaration, not being suspended, withdrawn, deleted and not being subject to measures restricting the right to provide services, as well as a copy of the registration certificate or an equivalent document issued by the competent authorities. SETRE providers accredited in other registers are evaluated annually according to this procedure.

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Procedura de ACTUALIZARE DATE pentru operatorii economici înregistrați în Registrul Electronic Național - RoSETRE

The rules presented in this document apply to all economic operators registered in the National Electronic Register - RoSETRE.

Data that can be Updated:

• - Contact number - telephone;
• - E-mail address used for managing the account;
• - Empowered person in relation with RoSETRE.

Required Documents for Data Update:

• - Application available for download at www.setre.gov.ro.
  Download Cerere Actualizare Date
• - Copy of the identity document of the person empowered by the requesting legal entity.

Obligativitate & Consecințe

• - Data updating is mandatory whenever changes occur that may prevent or hinder communication between parties.
• - Failure to update data is the responsibility of the economic operator, and failure to fulfill this obligation can lead to suspension from the National Electronic Register – RoSETRE.

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Procedura de ACTUALIZARE DATE pentru DEȚINĂTORII DE DOMENII SETRE

Reguliles presented in this document apply to all SETRE Domain Holders who, during the registration period in the National Electronic Register - RoSETRE, change their data.

• SETRE domains on Romanian territory;
• entities that perceive road tariffs on these domains;
• road toll technologies used;
• road tariffs;
• statements regarding SETRE domains;
• furnizorii SETRE care dețin contracte SETRE cu entitățile prevăzute la punctul b)

Required Documents for Data Update:

• - Supporting documents for data updating.
• - Cerere disponibilă spre descărcare la adresa www.setre.gov.ro
  Download Cerere Actualizare Date

Transmitere Documente:

All documents necessary for data update along with the application request will be sent to the e-mail address: office@setre.gov.ro.

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Cancellation or suspension procedure in the RoSETRE platform of the quality of Provider or Main Service Provider - SETRE

The provisions of this document are applicable to all economic operators who are registered in the RoSETRE platform having the quality of provider of the European Electronic Toll Service in Romania or main service provider on the territory of Romania.

Termination of Registration — Cases

Termination of registration as a PROVIDER or MAIN SERVICE PROVIDER will be ordered if:

• The PROVIDER or MAIN SERVICE PROVIDER requests their deletion from the National Electronic Register. In this case, the person who registered the domain will send a request according to the deletion procedure described at www.setre.gov.ro;
  Download Cerere Ștergere
• The PROVIDER or MAIN SERVICE PROVIDER has not paid the countervalue of the registration registration service, annual review, pre-registration, suspension;
• Following a definitive and irrevocable court decision or a decision coming from national or EU governmental or administrative organizations with authority in the field of transport;
• If the PROVIDER or MAIN SERVICE PROVIDER does not update their supporting documents on based on which they were authorized as a PROVIDER or MAIN SERVICE PROVIDER;
• If the PROVIDER or MAIN SERVICE PROVIDER does not respond within a maximum of 3 calendar days to notifications sent by ICI Bucharest regarding compliance with the conditions on based on which they were granted registration according to the Registration Procedure approved by Joint Order no. 378/362/05.04.2022;
• The PROVIDER or MAIN SERVICE PROVIDER sent erroneous / false information / data at the time of submitting documents for registration / for extending the validity of registration or did not send the documents in accordance with those indicated in the notifications provided in art. 6 of the Registration Procedure approved by Joint Order no. 378/362/05.04.2022 with subsequent amendments and additions;
• The legal person, registered as a PROVIDER or MAIN SERVICE PROVIDER, ceases their activity.

Non-refundable Fees

If the PROVIDER or MAIN SERVICE PROVIDER loses their right of registration / extension of registration, the amount paid for their registration will not be returned.

Data Display Right

The National Electronic Registry - SETRE reserves the right to display information from the database in any electronic format or other form.

Dispute Settlement

For any disputes that may arise in connection with SETRE DOMAINS, the PROVIDER or MAIN SERVICE PROVIDER, before the judicial way, will request a mediation at the Conciliation Body established according to art. 11 of Ordinance 8/2022.