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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Law No. 12 of august 6, 1990 (republished) concerning the protection of the population against activities of production, trade or services infringing) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 121 of 18 February 2014 — — — — — — — — — * Note) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, with subsequent amendments, posing a new texts.

Law No. 12/1990 was republished in the Official Gazette of Romania, part I, no. 291 of 5 May 2009.

Article 1 the following acts constitutes production activities, trade or provision of services constitute offences, illicit and if they were not committed in such circumstances as to be considered, according to the criminal law, offences: a) conducting production activities, trade or provision of services, as appropriate, without fulfilling the conditions laid down by law;

b) itinerant any goods other than those authorised by the town councils, county councils or county administrative boards;

c) conditioning the sale of goods or the provision of services for the purchase of other goods whenever the provision of services;

d) exposure for sale or the sale of goods or any other products without specifying the validity term of validity expired;

e) carrying out activities of production, trade or provision of services, as appropriate, with goods whose origin is not proven, in accordance with the law. Documents of origin shall accompany the goods, regardless of where they are, during transport, storage or marketing. Documents of provenance means, where appropriate, tax bill, invoice, the opinion accompanying the goods, customs documents, the external invoice or any other document stipulated by law;

f) non-economic operators from tax authorities, prior to application, to commercial additions and those of the Commission;

g) drawing up the display, and the omission of the unit to the place of sale or serving of the economic operators and tariffs, the category of quality of the goods or services of the time, where appropriate, the list of prices and tariffs;

h) neexpunerea on sale of goods, the sale of existing preference, their refusal or unjustified sale of provision of services included in the activity of economic operators;

I) accumulation of domestic goods for the purpose of creating a shortage on the market and their subsequent resale or suppression of fair competition;

j) overcoming the economic operator to the maximum established by decisions of the Government, the formation of retail prices;

k) falsify or substitution times any other products, as well as exposure for sale or the sale of such goods, knowing they are tampered with or replaced.

Article 2 (1) the Offences referred to in articles. 1 committed by individuals shall be sanctioned with a fine of 500 lei to 5,000 lei, and whether they are committed by legal persons, by a fine of from 2,000 to 20,000 lei lei.

(2) the finding of violations and sanctions are carried out by officials from the Mayor's specialty, the tax Directorate General anti-fraud bodies, financial control bodies and the staff of the Romanian police, the Romanian Gendarmerie and the Romanian border police.

(3) the Offences referred to in articles. and (b). b)-d), g), (h)) and k) is established and shall be sanctioned by the inspectors of the national authority for consumer protection.

(4) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in paragraph 1. (1) the claim agent making mention of this possibility in the minutes.

Article 3 Goods which have been used or were intended to serve from committing any of the acts referred to in article 1. 1, if they are of the offender's, as well as the amounts of money and assets acquired through committing the contravention is forfeited.

Article 4 Offences referred to in articles. 1 apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.

Article 5 sanctions provided for by the present law does not remove reprimanding the perpetrators.

Article 6 (1) to conduct commercial activity under the conditions provided by law, the municipalities shall constitute a body of commercial control.

(2) the town halls constitute a body of commercial control, functions and organizational structure of supervisory bodies, and the mode of remuneration shall be determined by inspecting commercial decision made by the Government.

Article 7 the date of publication of the present law *) are repealed article 4. 295 lit. c) and (d)) of the penal code *), art. 70-87 of law No. 3/1972 *) on the inside, trade activity 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 of 8 august 1990.

Note *) Law No. 15/68-Penal Code, republished, with subsequent amendments and additions, was repealed by law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code.

Note *) Repealed through law No. 7/1998 declaring that repealed some normative acts published in the Official Gazette of Romania, part I, no. 9 of 13 January 1998.


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