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The Law The Articles Of Precious Metals

Original Language Title: Laki jalometallituotteista

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Law on precious metals

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law shall apply to precious metal products intended for use or to an essential extent for private consumption.

This law does not apply to scientific, artistic, industrial or medical requirements.

Other precious metal products to which this law or its rule does not apply are laid down by a decree of the Council of Ministers.

ARTICLE 2
Definitions

For the purposes of this law:

(1) With precious metal Solid gold, silver, platinum and palladium; (19/122008/977)

(2) Of precious metal The object of all or part of precious metals or of precious metal alloys; (11.3.2005/154)

(3) Stamp Permanent marking intended for precious metal products;

(4) The Ministry The Ministry of Employment and the Economy; (21.12.2010/1275)

(5) Supervisory authority The Agency for Security and Chemicals; (21.12.2010/1275)

(6) The inspection body An organisation that has been identified as valid and has the right to carry out the tasks assigned to the control body in this Act.

Chapter 2

Precious metals

ARTICLE 3
Requirements

Precious metal products may be placed on the market and sold only for products which are produced at least:

(1) 375 pulp of a gold alloy containing pure gold;

2) 800 pulp of a silver alloy containing pure silver;

(3) 850 mass destruction of a platinum-containing platinum-containing platinum; (19/122008/977)

(4) 500 pulp of pure palladium alloy containing 500 mass of pure palladium. (19/122008/977)

Concrete concentrations higher than the minimum content, determination of concentration and the combination, coating, filling and other requirements of precious metals, metals and other substances are laid down by the Government Decree.

§ 4
Leims and responsibilities

The stamps used in the precious metal product are stamped by inspection, name, concentration, year and locality.

When placed on the market or sold, the precious metal product shall have a label and a concentration stamp or a concentration stamp and a concentration stamp. (11.3.2005/154)

The manufacturer or the placing on the market shall be responsible for the fact that the precious metal product contains at least the stamps provided for in paragraph 2 as proof of the conformity of the precious metal product. (11.3.2005/154)

The stamps, their approval and registration and other permitted indications are laid down in greater detail by the Decree of the Council of State.

§ 5
Inspection and verification of products

Compliance with the requirements laid down in Article 3 of the precious metal product may be demonstrated by inspections carried out by the control body and certified by the control body of the control body, as specified by the Government Decree.

ARTICLE 6
Approval and control of the inspection body

The Authority shall approve the tasks referred to in Article 5 (1) to be carried out by the control body in accordance with the provisions of the Council Regulation.

The approval of an inspection body shall be subject to the operational and financial autonomy of the control body, which shall have a liability insurance and a sufficient number of qualified staff at its disposal, and the systems, equipment and Instruments. The conditions for the approval of the inspection body as well as the documents to be annexed to the application shall be further specified by the State Council Regulation.

Approval may be granted for a fixed period. The inspection body may be subject to requirements, restrictions and other conditions relating to its operation. The control body shall notify its activities of any change affecting the conditions of the approval of the control body.

The Authority shall monitor the operation of the control bodies which it has approved and shall periodically ensure that the requirements laid down are met. Where the control body does not comply with the requirements laid down or acts contrary to the provisions, the Authority shall invite the inspection body to correct the deficiency within the time limit. If the deficiency is not remedied within the time limit or the gravity of the situation otherwise requires, the Authority shall withdraw its approval.

Chapter 3

Control

§ 7
Supervisory authorities

The Ministry is responsible for supervising and supervising compliance with the provisions of this law.

Compliance with this law will be monitored by the Authority.

§ 8
Supervisory Authority's rights

The Authority shall have the right to enforce this law:

(1) access to the manufacturing, storage, repair and inspection points of the precious metal products and their parts and materials;

(2) to obtain the necessary samples from the manufacturer, importer, vendor and stockholder of the precious metal products, their parts and materials, as well as the inspection body.

The supervisory authority shall replace the samples referred to in paragraph 1 (2) in accordance with the fair price.

§ 9
Cooperation between authorities

If necessary, the police will provide assistance to the Authority to monitor and enforce compliance with this law. The same shall apply to the customs authority if the precious metal product is imported from outside the European Economic Area.

ARTICLE 10
Right to information

Without prejudice to the disclosure of information, the Authority shall have the right to:

(1) the name of the importer of a precious metal product from outside the territory of the European Economic Area, and information on the type, quantity and date of importation of precious metals;

(2) information on the manufacturer, importer, vendor and stockholder of the precious metal products and of their parts and materials, as well as the inspection body.

ARTICLE 11
Anti-compliance product

Where it is established that a precious metal product does not meet the requirements laid down in Article 3 or 4, the supervisory authority shall be entitled: (11.3.2005/154)

(1) prohibit the manufacture, marketing, sale and other disposal of a precious metal product;

(2) require the conformity of a precious metal product to make such changes to the precious metal product that the requirements are met or, if this is not appropriate or possible, to determine how the product is otherwise Method;

(3) order the responsible party to reimburse the fair price of the product, as well as the costs of the inspection and investigation, if the Authority applies the prohibition or requirement referred to in paragraphs 1 or 2.

Chapter 4

Forced remedies and sanctions

ARTICLE 12
Periodic penalty payment and threat of commission

The Authority may intensify the prohibition, requirement or obligation imposed by this law on the basis of a periodic penalty payment or penalty payment in the form of a penalty payment (1113/1990) Provides.

The cost of the measure taken shall be paid in advance from State resources.

The costs referred to in paragraph 2 and the costs referred to in Article 11 (3) may be charged to the person concerned without a judgment or decision in that order, in accordance with the law on the recovery of taxes and charges (367/1961) Provides.

ARTICLE 13
Penalties

Every deliberate or gross negligence

(1) fails to comply with the obligation laid down in Article 3 or 4; or

(2) does not comply with the prohibition, requirement or obligation under Article 11;

Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, For infringement of the provisions on precious metals Fine.

Any violation of a penalty or order imposed by the penalty imposed by this law may not be punishable by the same offence.

ARTICLE 14 (26.10.2001)

§ 14 has been repealed by L 26.10.2001/893 .

Chapter 5

Outstanding provisions

§ 15
Disclosure of confidential information

The Act on Public Access to the Authority (18/09/1999) Shall not, without prejudice to this law, obtain information from the private, Community or foundation's financial position, business or professional secret or private Of personal circumstances giving up:

(1) prosecuting, police and customs authorities to investigate the crime;

2) to the foreign institutions and inspectors referred to in the international agreement which is binding on Finland, as required by that agreement.

ARTICLE 16
Appeals appeal

The administrative decision taken by the Ministry and the Authority on the basis of this Act is to be amended as follows: (18/06/1996) Provides. The decision shall, in spite of the appeal, be complied with, unless the appeal authority decides otherwise.

Where the control body refuses to verify conformity, the decision shall be reasoned and the decision shall be notified without delay to the person concerned. At the same time, the inspection body shall indicate how the applicant may refer the matter back to the control body in the review procedure. The adjustment shall be subject to the procedure for the approval of the control body. The decision to be taken by the inspection body in the course of the review procedure for the refusal of verification of conformity shall be lodged against the administrative court as provided for in the administrative law.

§ 17
Mutual recognition

In the second State of the European Economic Area, stamped precious metal products will be approved in Finland if consumers receive information equivalent to those mentioned in Article 4 on the basis of stamps.

ARTICLE 18
More detailed provisions

More detailed provisions on the implementation of this law will be adopted by the Government Decree.

Where appropriate, the Authority shall issue technical and administrative guidelines for the application of this law.

§ 19
Entry into force

This Act shall enter into force on 1 January 2001.

Before the law enters into force, measures may be taken to implement the law.

THEY 130/2000 , TaVM 27/2000, EV 152/2000, Notified Directive 98 /34/EC of the European Parliament and of the Council 98 /48/EC

Entry into force and application of amending acts:

26.10.2001/89:

This Act shall enter into force on 1 January 2002.

THEY 80/2000 , LaVM 14/2001, EV 94/2001

11.3.2005/154:

This Act shall enter into force on 16 March 2005.

THEY 236/2004 , TaVM 1/2005, EV

19 DECEMBER 2008/97:

This Act shall enter into force on 14 January 2009.

THEY 164/2008 , TaVM 19/2008, EV 160/2008

21.12.2010/1275:

This Act shall enter into force on 1 January 2011.

THEY 173/2010 , TaVM 27/2010, EV 200/2010