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Law No. 12 Of August 6, 1990 * Republished On Protecting The Population Against Illicit Commercial Activities

Original Language Title:  LEGE nr. 12 din 6 august 1990 ***Republicată privind protejarea populaţiei împotriva unor activităţi comerciale ilicite

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LEGE no. 12 12 of 6 August 1990 (* republished *) on the protection of the population against illicit production, trade or service activities *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 121 121 of 18 February 2014



---------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended, giving the texts a new numbering. Law no. 12/1990 was republished in the Official Gazette of Romania, Part I, no. 291 291 of 5 May 2009. + Article 1 The following acts represent activities of production, trade or supply of illicit services and constitute contraventions, if they were not committed under such conditions as to be considered, according to the criminal law, crimes: a) performing production, trade or service activities, as the case may be, without fulfilling the conditions established by law; b) the ambulance sale of any goods in places other than those authorized by mayors, county councils or prefectures; c) the conditioning of the sale of some goods or the provision of services for the purchase of other goods or the provision of services; d) the exposure for sale or sale of goods or any other products without specifying the term of validity or with the expired term of validity; e) performing production, trade or service activities, as the case may be, with goods whose provenance is not proven, under the law. The documents of origin will accompany the goods, regardless of where they are, during transport, storage or marketing. The documents of origin shall be understood, as the case may be, the tax invoice, the invoice, the accompanying notice of the goods, the customs documents, the external invoice or any other documents established by law; f) non-declaration by economic operators to the tax authorities, before the application, of the commercial and commission additions; g) the omission of the preparation and display, in the establishment, at the places of sale or service, by the economic operators of prices and tariffs, of the quality category of the products or services or, where applicable, of the price list and tariffs; h) non-exposure to the sale of existing goods, preferential sale, unjustified refusal of sale thereof or of the provision of services covered by the activity of the economic operator; i) accumulation of goods from the internal market in order to create a deficit on the market and their subsequent resale or suppression of fair competition; j) overcoming by any economic operator the maximum additions established by Government decisions, at the formation of retail prices; k) falsification or substitution of goods or any other products, as well as exposure for sale or sale of such goods, knowing that they are falsified or substituted. + Article 2 (1) Contraventions provided in art. 1 committed by individuals is sanctioned with a fine of 500 lei to 5,000 lei, and if they are committed by legal entities, with a fine of 2,000 lei to 20,000 lei. (2) The finding of contraventions and the application of sanctions shall be made by officials from the specialized apparatus of the mayor, the bodies of the General Directorate for fiscal fraud, the financial control bodies and the personnel of the Romanian Police, Romanian Gendarmerie and the Romanian Border Police. (3) Contraventions provided in art. 1 lit. b)-d), g), h) and k) are also found and sanctioned by the inspectors of the National Authority for Consumer Protection. ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. + Article 3 The goods that served or were intended to serve in the commission of any of the facts provided for in art. 1, if they are of the offender, as well as the amounts of money and the goods acquired by committing the contravention shall be confiscated. + Article 4 Contraventions provided for in art. 1 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 5 The application of sanctions provided by this law does not remove the disciplinary liability of the perpetrators. + Article 6 (1) For the pursuit of commercial activity under the conditions provided by law, a commercial control body will be constituted at the mayors. (2) The mayoralties to which a commercial control body will be constituted, the attributions and the organizational structure of the control bodies, as well as the payroll of the commercial controllers shall be established by Government decision. + Article 7 On the date of publication of this Law * *) the provisions of art 295 lit. c) and d) of the Criminal Code * **), art. 70 70-87 of Law no. 3/1972 **** ****) with regard to the activity of insider trading, as well as any other provisions to the contrary. ---------- Note ** **) Law no. 12/1990 was published in the Official Gazette of Romania, Part I, no. 97 97 of 8 August 1990. Note *** ***) Law no. 15/1968 -The Criminal Code, republished, with subsequent amendments and completions, was repealed by Law no. 187/2012 for the implementation of Law no. 286/2009 on Criminal Code. Note **** ****) Abrogata Law no. 7/1998 on the declaration as abrogated of some normative acts, published in the Official Gazette of Romania, Part I, no. 9 9 of 13 January 1998. ------