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Law No. 322 Of 27 May 2002 Approving Government Emergency Ordinance Nr. 146/2001 For The Completion Of The Government Ordinance. 21/1992 On Consumer Protection

Original Language Title:  LEGE nr. 322 din 27 mai 2002 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 146/2001 pentru completarea Ordonanţei Guvernului nr. 21/1992 privind protecţia consumatorilor

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LEGE no. 322 322 of 27 May 2002 on approval Government Emergency Ordinance no. 146/2001 for completion Government Ordinance no. 21/1992 on consumer protection
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 408 408 of 12 June 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 146 146 of 9 November 2001 for completion Government Ordinance no. 21/1992 on consumer protection, published in the Official Gazette of Romania, Part I, no. 738 of 19 November 2001, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " EMERGENCY ORDINANCE amending and supplementing the Ordinance Government no. 21/1992 21/1992 on consumer protection " 2. Article I shall read as follows: " Art. I.-Government Ordinance no. 21/1992 on consumer protection, approved and amended by Law no. 11/1994, republished in the Official Gazette of Romania, Part I, no. 75 of 23 March 1994, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 42 ^ 2, the introductory part shall read as follows: < > 2. Article 42 ^ 3 shall read as follows: < > 3. In Article 46 (1), points c) and d) shall read as follows: < d) violation of art. 13 13 para. 1 1, art. 14 14 para. 1 1, art. 17 17-25 and art. 26 26 para. 1 and 2, with contravention fine from 2,000,000 lei to 20,000,000 lei. > > 4. in Article 46, after paragraph 1, paragraph 2 is inserted as follows: < > 5. Article 49 shall read as follows: < > 6. Article 50 ^ 1 shall read as follows: < 1. final stop of marketing and withdrawal from the human consumption circuit of products that: a) are dangerous, falsified or counterfeit; b) have expired validity term or date of minimum durability exceeded; c) are forbidden to human consumption through legal regulations; 2. temporary cessation of the provision of services, import, manufacture, marketing of products or their use to the provision of services, until the deficiencies are remedied, if: a) products are not tested and/or certified according to legal norms; b) the products do not meet the prescribed or declared characteristics, without them being dangerous; c) the products do not present the identification and characterization elements, as well as the accompanying documents, according to the provisions of art. 18-22 18-22; d) services that may endanger the life, health or safety of consumers; 3. destruction of dangerous products permanently stopped from marketing, if it constitutes the only means that makes the danger cease. > > 7. Article 50 ^ 2 shall read as follows: < a) temporary closure of the unit for a period of not more than 6 months; b) temporary closure of the unit for a duration of 6 months to 12 months; c) final closure of the unit; d) the final suspension or withdrawal, as the case may be, of the opinion, agreement or authorization to exercise an activity. Complementary sanction provided in par. 1 lit. a) may be applied in cases where it is found: a) lack of sanitary-sanitary or sanitary veterinary conditions; b) the use of inappropriate spaces and conditions for production, storage or marketing; c) failure to comply with the conditions imposed by manufacturers concerning the handling, transport, storage and marketing, if they are likely to alter the original characteristics of the product concerned; d) lack of technical specifications, instructions and procedures for working on producers and service providers; e) the lack of certificates or the necessary opinions issued by the test laboratories or specific approvals; f) lack of conformity certificates. Complementary sanction provided in par. 1 lit. b) may be applied in cases where it is found: a) the use of abusive marketing practices or repeated commission of deviations sanctioned by the control bodies within 6 months of the first finding; b) the refusal of the economic agent to allow, in the first phase, the control of the specialized bodies and to which, following a subsequent control, serious deficiencies are found; c) the lack of a food manufacturing licence for manufacturers; d) non-compliance with or non-granting of guarantee certificates for service provision works; e) the use in the service activity of parts or components not approved. Complementary sanction provided in par. 1 lit. c) may be applied in cases where it is found: a) the importation with good science of products that do not comply with the qualitative conditions prescribed or declared or which are dangerous; b) the provision of services that endanger the life, health or safety of consumers; c) the placing on sale of products that controlled economic agents are aware of that are falsified or counterfeit or that have non-compliant security parameters; d) the refurbishment of food products withdrawn from human consumption as inadequate, by the addition of additives or other substances not found in the manufacturing recipe, resulting in a product intended for marketing in purpose of human consumption e) if the economic agent has not stopped the deliveries or has not withdrawn from the marketing or from the beneficiary the products for which the authorized bodies by law have found that they are dangerous or that they do not meet the qualitative characteristics prescribed or declared; f) preventing any form by the economic agent or its employees of the public administration bodies responsible for the protection of consumers and the supervision of the quality of the products and services service relating to the prevention and control of facts that may affect the life, health or safety of consumers or the instigation of any other person against such organs g) the marketing of products prohibited by the legal regulations in force; h) the continuation of the activity after the disposition of the temporary closure measure, without obtaining the agreement provided in par. 8 8; i) non-compliance with the measures ordered under 50 50 ^ 1. Consequently, the complementary sanction provided in par. 1 lit. d) will have the same regime, with the imposed sanction referred to in par. 1 lit. a), b) or c), as appropriate. The sanction provided in par. 1 lit. d) shall apply by the competent public authorities which shall be notified thereof. Sanctions provided for in par. 1 lit. a), b) and c) may also be applied in cases where it is found that the conditions of granting the opinion, agreement or authorization to exercise an activity, as the case may be, are no longer met, as well as the rules and regulations on how to achievement of these activities. Application of sanctions provided in par. 1 lit. a), b) and d) shall be suspended only with the written consent of the National Consumer Protection Authority or of the county offices for consumer protection, after remedying the deficiencies that led to the application of the complementary sanction. > > 8. After Article 50 ^ 2, Articles 50 ^ 3 and 50 ^ 4 are inserted with the following contents: < Article 50 ^ 4. -Complementary contravention sanctions ordered under the conditions of art. 50 50 ^ 1 and art. 50 ^ 2 will materialize through the application of seals or other distinctive signs with seal value. The procedure for their application will be regulated by norms approved by Government decision. > > + Article 2 Government Ordinance no. 21/1992 , approved and amended by Law no. 11/1994, republished, with subsequent amendments and completions and with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at its meeting on April 25, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at its meeting on April 25, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA ------------