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Law No. 363 Of 21 December 2007

Original Language Title:  LEGE nr. 363 din 21 decembrie 2007

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LEGE no. 363 363 of 21 December 2007 (* updated *) on combating unfair practices by traders in relation to consumers and harmonising regulations with European consumer protection law ((updated on 9 April 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Title I Definition and prohibition of unfair trade practices + Chapter I General provisions + Article 1 This law aims to improve the functioning of the market and to ensure a high level of consumer protection by regulating trade practices that can harm consumers ' economic interests. + Article 2 For the purposes of this law, the following terms and expressions have the following meanings: a) consumer-any natural person or group of natural persons constituted in associations, who, in the commercial practices subject to this law, act for purposes outside his commercial, industrial or production activity, craft or liberal; b) trader-any natural or legal person who, in the commercial practices subject to this law, acts within the framework of his commercial, industrial or production activity, artisanal or liberal, and any person who act for the same purpose, on its behalf or on its behalf; c) product-any goods or services, including immovable property, rights and obligations; d) practices of traders in relation to consumers, hereinafter referred to as commercial practices-any action, omission, behaviour, approach or commercial presentation, including advertising and marketing, carried out by a trader, in close the promotion, sale or supply of a product to consumers; e) substantial deformation of the economic behaviour of consumers-the use of a commercial practice in order to significantly affect the ability of consumers to make an informed decision, thereby causing them to take a decision that otherwise would not be taken; ---------- Lit. e) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. f) code of conduct-the agreement or the set of rules which is not imposed by legislation or administrative provisions and which defines the conduct of traders who undertake to respect it in respect of one or more commercial practices or to one or more sectors of activity; g) in charge of the code-any entity, including a trader or group of traders, responsible for the preparation and review of a code of conduct and/or the supervision of compliance with this code by those who have undertaken to comply with it; h) professional diligence-competence and care expected, reasonably, by a consumer on the part of traders, in accordance with the correct market practices and/or with the general principle of good faith, in their field of activity; i) invitation to buy-the commercial presentation stating the characteristics and the price of the product in a manner corresponding to the means used for it and which therefore allows the consumer to purchase products; j) undue influence-the use of a position of force towards the consumer, in the manner of exerting pressure on him, even without resorting or threatening to use physical force, in a way that significantly limits the capacity the consumer to make an informed decision; k) trading decision-any decision taken by a consumer on the appropriateness, modalities and conditions of purchase of the product, payment method-all or part-, keeping or giving up the product or exercising a contract law, which may lead to the action of the consumer or to the failure to act; l) regulated profession-the activity or assembly of professional activities for which access or exercise is conditional, directly or indirectly, in accordance with the legislation in force, by the possession of a document attesting the level of vocational training; m) average consumer-the consumer considered to be reasonably informed, attentive and cautious, taking into account social, cultural and linguistic factors. + Article 3 (1) This law applies to unfair practices of traders in relation to consumers, as defined in art. 4, before, during and after a commercial transaction relating to a product. ((. This Law shall be without prejudice to: a) the legal provisions governing the contracts and, in particular, the provisions relating to the validity, preparation or effects of the contracts; b) Community or national provisions on health and safety aspects of products; c) the legal provisions establishing the jurisdiction of the courts; d) the conditions of entry into a profession or obtaining the authorization for its conduct, deontological codes or other specific legal provisions governing the professions, in order to maintain a high level of probity thereof; e) the provisions relating to financial services as defined in Government Ordinance no. 85/2004 on the protection of consumers at the conclusion and execution of distance contracts on financial services, approved by Law no. 399/2004 ,, or the provisions relating to immovable property, where these provisions are more restrictive or more stringent than those of this law. (. This Law shall not apply to the provisions governing the certification and indication of the marks of securities in the case of precious metals + Chapter II Unfair trade practices + Article 4 (. A commercial practice shall be incorrect if the following conditions are met: ---------- Part introd. a para. ((1) of art. 4 4 has been amended by section 4.2 1 1 of art. II of ORDINANCE no. 37 37 of 26 August 2015 , published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. a) is contrary to the requirements of professional diligence; b) deform or is likely to essentially deform the economic behavior of the average consumer to which he reaches or to whom he is addressed or of the average member of a group, when a commercial practice is addressed to a particular group of consumers. (2) Commercial practices likely to essentially deform the economic behaviour of a certain vulnerable group of consumers, clearly identifiable, must be assessed from the perspective of the group's average member. The consumer group is particularly vulnerable to that practice or to the product to which it relates, for reasons of mental or physical infirmity, of age or credulity, its economic behaviour may be reasonably foreseen by the trader. This provision is without prejudice to customary and legitimate advertising practices consisting of exaggerated statements or statements that are not intended to be taken as such. (3) Incorrect commercial practices are, in particular, those: a) misleading, within the meaning of art. 6 6 and 7; b) aggressive, within the meaning of art. 8 8 and 9. ((4) The list of commercial practices which, in any event, is considered incorrect is set out in Annex no. 1. + Section 1 Misleading business practices + Article 5 Deceptive trade practices can be deceptive actions or misleading omissions. + Article 6 (1) A commercial practice shall be considered as misleading if it contains false information or, in any event, including the general presentation, misleading or liable to mislead the average consumer, thus that, in both hypotheses, either determines it or is liable to cause the consumer to make a trading decision that they otherwise would not have taken, even if the information is, in fact, correct in relation to one or more of the the following: a) existence or nature of the product b) the main characteristics of the product, such as: availability, advantages, risks, manufacture, composition, accessories, assistance granted after sales and handling of complaints, manner and date of manufacture or supply, delivery, the ability to match the purpose, use, quantity, specifications, geographical or commercial origin, the results that may be obtained from its use, the essential results and characteristics of the tests or controls carried out on the product; c) the period for which the trader undertakes, the reasons for the use of the commercial practice and the nature of the sale, and all the statements or symbols that would induce a link between the product or the trader and a sponsorship or a approval, directly or indirectly; d) the price or calculation of the price or the existence of a specific price advantage; e) the need for service, a separate part, replacement or repair; f) the nature, powers and rights of the trader or his representative, such as: identity and heritage, his qualifications, status, authorization, affiliation or links, industrial property rights, authorship or commercial or rewards and accolades received; g) consumer rights, including the right to benefit from the repair, replacement or refund of the consideration as a result of the termination of the contract, as provided by Law no. 449/2003 on the sale of products and their associated guarantees, or the risks that the consumer may encounter. (2) A commercial practice is also considered to be misleading if, in the context of the presentation of the factual situation, taking into account all the characteristics and circumstances, it determines or is liable to determine the consumer medium to make a trading decision that otherwise would not have taken it. In this case, the misleading action shall be determined by: a) any marketing activity relating to the product, including comparative advertising, creating confusion with another product, brand, name or other distinguishing marks of a competitor; b) non-compliance by the trader with the obligations provided for in the code of conduct that he has committed to comply with, if: (i) his commitment is not an aspiration, but is firm and can be verified; ((ii) it indicates, in a commercial practice, that it has committed itself to the code. + Article 7 (1) A commercial practice is considered to be misleading omission if, in the context of the presentation of the factual situation, taking into account all its characteristics and circumstances, as well as the limits of the means of communication used for the transmission of information omits an essential information necessary to the average consumer, taking into account the context, for making an informed trading decision and therefore determines or is likely to determine the taking by consumer of a trading decision that they otherwise would not have taken. (2) A commercial practice is also considered to be misleading omission when, taking into account the aspects referred to in par. (1), a trader hides or provides in an unclear, unintelligible, ambiguous manner or in contratimp an essential information or does not indicate the commercial intent of the practice, if it does not already result from the context, and when, in any of the cases, the average consumer is determined or is likely to be determined to make a trading decision that they otherwise would not have taken. (3) If the means of communication used for the transmission of commercial practices impose limits in space or time, at the time of determining the practice as being or not misleading omission, these limits will be taken into account, as well as any measures taken by the trader to make the information available to the consumer by other means. (. In the case of an invitation to buy, the following information shall be considered essential, if it does not already result from the context: a) the main characteristics of the product, taking into account the means of communication used and the product; b) the premises and the other identification data of the trader and, if they act on behalf of another trader, the premises and the other identification data of the trader; c) the price with all taxes included or, if the price cannot be reasonably calculated in advance, taking into account the nature of the product, the method of calculation thereof. Also, where applicable, all additional costs for transport, delivery or postal charges or, if these expenses cannot reasonably be calculated in advance, stating that there may be additional costs to be incurred. supported by consumer; d) the modalities of payment, delivery, execution and research of complaints, if they differ from the conditions required by professional diligence; e) for products and transactions involving a right of waiver or termination, the mention of this right. (5) The information provided for in the legislation, which refers to commercial presentations, including advertising or marketing, is essential. Their unlimited list is set out in Annex no. 2. + Section 2 Aggressive trade practices + Article 8 A commercial practice is considered aggressive if, in the context of the presentation of the factual situation and taking into account all the characteristics and circumstances, it limits or is likely to significantly limit the freedom of choice or the behaviour of the average consumer on the product, through harassment, coercion, including through the use of physical force or undue influence, and therefore determines or is likely to cause the consumer to make a decision of trading that you otherwise would not have taken. + Article 9 In order to determine whether a commercial practice resorts to harassment, coercion, including physical force or undue influence, the following elements shall be taken into account: a) the moment, place, nature and/or duration thereof; b) recourse to threat, language or abusive behaviour; c) the exploitation by the trader of an unfortunate situation or of a special circumstance, of such gravity that it affects the reasoning of the average consumer and which the trader is aware of, in order to influence the decision the consumer on the product; d) any onerous or disproportionate, unforeseen contract, imposed by the trader, when the consumer wishes to exercise his/her contractual rights, including the right to terminate the contract or to change the product or to address a other trader; e) any threat with measures, in a situation where they cannot be legally taken. + Chapter III Competence, referral and control + Section 1 Competence and referral + Article 10 (1) In order to stop and combat unfair commercial practices, persons or organizations that, according to the law, have a legitimate interest may be to notify the National Authority for Consumer Protection in connection with commercial practices incorrect for it to decide on complaints, or to take legal action against traders who have committed or are likely to commit unfair trade practices. (2) Competitors economic operators may inform the National Authority for Consumer Protection in relation to unfair commercial practices. + Article 11 (1) Traders must provide evidence of the accuracy of the claims in relation to the commercial practice undertaken and are obliged, at the request of the National Consumer Protection Authority or the courts, to place them to them at their disposal documents to prove the said. ((. Where the documents are not provided within the time limit set by the applicants or if they are considered insufficient, the statements in question shall be deemed to be inaccurate. + Section 2 Liabilities and penalties + Article 12 (1) The National Authority for Consumer Protection may order measures under this law, by order issued by the head of the National Authority for Consumer Protection or by decision issued by the heads of the units with personality legal under the National Authority for Consumer Protection. (2) The order or decision issued according to par. ((1) shall be reasoned. (3) The order or decision issued according to par. (1) can be appealed to the administrative court, under the terms of the Law on Administrative Litigation no. 554/2004, with subsequent amendments and completions. (4) The court testing does not suspend the execution of the measures ordered. + Article 13 ((. In so far as it is deemed necessary, taking into account all the interests involved and, in particular, the public interest, the competent courts or the National Authority for the Protection of Consumers shall, in the urgency procedure, order even without proof of a loss or actual injury or negligence or negligence of the trader, one of the following measures: a) termination or establishment of appropriate legal procedures for the cessation of unfair commercial practices b) prohibition or establishment of appropriate legal procedures for the cessation of unfair trade practices, even if they have not yet been put into practice, but this is imminent; c) transmission by the National Audiovisual Council, within 5 working days from the receipt of the request, of the identification data of natural or legal persons involved in the realization of audiovisual advertising, considered to be a incorrect commercial practice as well as a copy of the broadcast advertising material. (2) If, in order to eliminate the effects of unfair commercial practices, the termination was ordered, namely their prohibition, and the court decision ordering this measure remained final and irrevocable or the order, the decision issued according to art. 12 12 para. (1) was not attacked according to art. 12 12 para. (3), the court that issued the final and irrevocable decision, namely the National Authority for Consumer Protection, may request: a) its publication, in whole or in part, in the form it considers appropriate; b) the publication of an amending communication. The amending communiqué must include the premises and the other identification data of the trader, the incorrect practice committed, the date on which it was committed, and the measures ordered. (3) Publication, under the conditions provided in par. (2), in all cases, it will be made in a newspaper of wide circulation, at the expense of the trader. + Article 13 ^ 1 Measures ordered according to art. 13 is carried out by the head of the National Authority for Consumer Protection or by the heads of the units with legal personality under the National Authority for Consumer Protection, on the proposal of the agent Finder, within 5 days. ---------- Article 13 ^ 1 was introduced by item 1. 4 4 of art. unique from LAW no. 51 51 of 30 March 2016 published in MONITORUL OFFICIAL no. 257 of 6 April 2016, which completes art. II of ORDINANCE no. 37 37 of 26 August 2015 published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. + Article 14 (1) The present law does not exclude the control that the officers of the codes of conduct may carry out, in accordance with the provisions of the codes of conduct that the traders have committed to observe. (2) Conduct the control provided in par. ((1) does not exclude and restrict the right of consumers, associations or competitors to refer to the code officer and the right of consumers or associations to address the National Authority for Consumer Protection or the competent court. + Article 15 (1) The use by traders of unfair commercial practices is prohibited, constitutes contravention and is sanctioned as follows: a) with a fine of 2,000 lei per 100,000 lei, for the use of unfair commercial practices defined in art. 4 4 para. ((1) and (2); b) with a fine of 5,000 lei per 100,000 lei, for the use of deceptive commercial practices defined in art. 6 and 7, as well as for the use of any of the practices listed in Annex no. 1 in the paragraph "Misleading Commercial Practices"; c) with a fine of 2,000 lei per 100,000 lei, for the use of aggressive commercial practices defined in art. 8 and 9, as well as for the use of any of the practices listed in Annex no. 1 under the paragraph "Aggressive Commercial Practices". ---------- Alin. ((1) of art. 15 15 has been amended by section 2 2 of art. II of ORDINANCE no. 37 37 of 26 August 2015 , published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. (2) Failure to comply with the measures ordered by the order or decision provided for in 12 12 para. (1) is sanctioned with a fine of 50,000 lei per 100,000 lei. ---------- Alin. ((2) of art. 15 15 has been amended by section 3 3 of art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. (3) The contraventions provided by this law are found in the complaint of consumers, of associations which, according to the law, have a legitimate interest or ex officio, by the authorized representatives of the National Authority for the Protection of Consumers. (4) With the application of the sanction of the contravention fine, the finding agent may propose that the sanction complementary to the suspension of the activity until the termination of the incorrect commercial practice (5) The complementary sanction proposed to be applied according to par. (4) is ordered by order issued by the head of the National Authority for Consumer Protection or by decision issued by the heads of the units with legal personality subordinated to the National Authority for Consumer Protection, being the provisions of Article 12 12 para. ((3) and (4). + Article 15 ^ 1 With the application of the sanction of the contravention fine, the ascertaining agent may order as a complementary sanction the refund of the value of the product or service, as the case may be, within a maximum of 15 days, from being informed by offending the minutes of finding the contravention. ---------- Article 15 ^ 1 has been introduced by item 1. 5 5 of art. unique from LAW no. 51 51 of 30 March 2016 published in MONITORUL OFFICIAL no. 257 of 6 April 2016, which completes art. II of ORDINANCE no. 37 37 of 26 August 2015 published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. + Article 15 ^ 2 Failure to comply with the measure provided 15 ^ 1 is sanctioned with a fine of 5,000 lei to 50,000 lei. ---------- Article 15 ^ 2 was introduced by the section 5 5 of art. unique from LAW no. 51 51 of 30 March 2016 published in MONITORUL OFFICIAL no. 257 of 6 April 2016, which completes art. II of ORDINANCE no. 37 37 of 26 August 2015 published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. + Article 16 Contraventions provided in art. 15, 15 ^ 1 and 15 ^ 2 are applicable to the provisions 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 16 has been amended by section 4. 5 5 of art. unique from LAW no. 51 51 of 30 March 2016 published in MONITORUL OFFICIAL no. 257 of 6 April 2016, which completes art. II of ORDINANCE no. 37 37 of 26 August 2015 published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. + Article 17 (1) The sanctions provided for in art. 15 15 para. ((1) lit. a) and c) shall apply as follows: a) between 2,000 lei and 10,000 lei, for traders who have up to 9 employees and make a net annual turnover of up to 2 million euros, equivalent in lei; b) between 3,000 lei and 50,000 lei, for traders who have between 10 and 49 employees and make a net annual turnover of up to 50 million euros, equivalent in lei; c) between 5.000 lei and 100.000 lei, for merchants with over 50 employees and makes a net annual turnover of over 50 million euros, equivalent in lei. (2) The sanctions provided for in art. 15 15 para. ((1) lit. b) shall apply as follows: a) between 5,000 lei and 15,000 lei, for traders who have up to 9 employees and make a net annual turnover of up to 2 million euros, equivalent in lei; b) between 6,000 lei and 50,000 lei, for traders who have between 10 and 49 employees and make a net annual turnover of up to 50 million euros, equivalent in lei; c) between 7,000 lei and 100,000 lei, for merchants with over 50 employees and makes a net annual turnover of over 50 million euros, equivalent in lei. (3) The individualization of the sanction is based on the gravity and duration of the act, must be proportional to the degree of social danger of the act committed, taking into account the circumstances in which the act was committed, the manner and means of its commission, the intended purpose, the follow-up, and the other data entered in the minutes. ---------- Article 17 has been introduced by the 5 5 of art. unique from LAW no. 51 51 of 30 March 2016 published in MONITORUL OFFICIAL no. 257 of 6 April 2016, which completes art. II of ORDINANCE no. 37 37 of 26 August 2015 published in MONITORUL OFFICIAL no. 654 654 of 28 August 2015. + Title II Amendment of some normative acts on consumer protection + Article I Government Ordinance no. 130/2000 * *) on consumer protection at the conclusion and execution of distance contracts, published in the Official Gazette of Romania, Part I, no. 431 of 2 September 2000, approved with amendments and additions by Law no. 51/2003 ,, amend and supplement as follows: 1. In Article 2 (1), points b) and c) shall read as follows: " b) consumer-any natural person or group of natural persons constituted in associations, who, in the performance of contracts covered by this ordinance, act for purposes outside his commercial, industrial or production, craft or liberal; c) trader-any natural or legal person who, in the performance of contracts covered by this ordinance, acts within the framework of his commercial, industrial or production activity, artisanal or liberal, and any the person acting for the same purpose on his behalf or on behalf of that person; '. 2. In Article 6, letter a) shall read as follows: " a) distance contracts relating to financial services, regulated by Government Ordinance no. 85/2004 on the protection of consumers at the conclusion and execution of distance contracts on financial services, approved by Law no. 399/2004 ;; ". 3. Article 14 shall read as follows: "" Art. 14. -In the case of deliveries for which there is no prior order, the consumer is cleared of any consideration, the lack of response having no consent value. " 4. Article 23 ^ 1 shall read as follows: "" Art. 23 23 ^ 1. --Annex no. 1 will be updated by Government decision. " 5. After Article 23 ^ 1 two new articles are inserted, Articles 23 ^ 2 and 23 ^ 3, with the following contents: "" Art. 23 23 ^ 2. -The consumer cannot be deprived of his rights conferred by this ordinance. Art. 23 ^ 3. -If the contracting parties choose as the law applicable to the distance contract the law of a state not part of the European Union, and the contract has a close connection with the territory of Romania or with other Member States of the Union European and if this ordinance has more favourable provisions for the consumer, the latter will apply. " 6. Article 24 shall be inserted after the following entry: "" This ordinance transposes the provisions Directive 97 /7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in distance contracts, published in the Official Journal of the European Union (JOCE) no. L 144 of 4 June 1997, as amended. ' 7. Annex no. 2 2 is repealed. + Article II Government Ordinance no. 85/2004 * *) on consumer protection at the conclusion and execution of distance contracts on financial services, published in the Official Gazette of Romania, Part I, no. 796 of 27 August 2004, approved by Law no. 399/2004 ,, amend and supplement as follows: 1. In Article 3, letter d) shall read as follows: " d) consumer-any natural person or group of natural persons constituted in associations, who, under the contracts covered by this ordinance, act for purposes outside his commercial, industrial or production activity, craft or liberal; '. 2. Article 15 shall read as follows: "" Art. 15. -In the case of deliveries for which there is no prior order, the consumer is cleared of any consideration, the lack of response having no consent value. " 3. In Article 21, paragraph 2 shall read as follows: " (2) If the contracting parties choose as the law applicable to the distance contract the law of a state not part of the European Union, and the contract has a close connection with the territory of Romania or with other Member States of the Union European and, if this ordinance has more favourable provisions for the consumer, the latter will apply. " 4. in Article 23, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Consumer complaints and the establishment of contract compensation procedures for the provision of financial services at a distance can be resolved and extrajudicial, based on the provisions of the Law no. 192/2006 on the mediation and organization of the profession of mediator. " + Article III Law no. 240/2004 * *) on the liability of producers for damages generated by defective products, published in the Official Gazette of Romania, Part I, no. 552 of 22 June 2004, shall be amended as follows: -In Article 7, the introductory part of paragraph 1 shall read as follows: "" Art. 7. -(1) The manufacturer shall be exempt from liability, according to the provisions of this law, if it proves one of the following aspects: " + Article IV Law no. 289/2004 * *) on the legal regime of consumer credit agreements for consumers, individuals, published in the Official Gazette of Romania, Part I, no. 611 of 6 July 2004, shall be amended and supplemented as follows: 1. In Article 2, the letter a) shall read as follows: " a) consumer-any natural person or group of natural persons constituted in associations, who, in the course of transactions covered by this law, act for purposes outside his commercial, industrial or production activity, craft or liberal; '. 2. After Article 13, a new article is inserted, Article 13 ^ 1, with the following contents: "" Art. 13 13 ^ 1. -The provisions of the credit agreement will not affect in any way the rights of the consumer to the seller of the products or the service provider, if the products or services provided for in the credit agreement have not been provided or are not in accordance with the contract for their supply. " + Article V Government Ordinance no. 107/1999 *) on the activity of marketing of tourist services packages, republished in the Official Gazette of Romania, Part I, no. 387 of 7 June 2007, shall be amended and supplemented as follows: 1. In Article 2, point 4 shall read as follows: " 4. consumer-any person or group of individuals constituted in associations that buy or undertake to buy the package of tourist services-principal contractor-or any person on whose behalf the principal contractor engages to buy the package of tourist services-other beneficiaries-or any person in favour of which the main contractor or other beneficiaries cede the package of tourist services-the transferee. " 2. In Article 20 (2), letter b) shall read as follows: " b) when failure to fulfil obligations is due to causes of force majeure such as those defined in art. 18 lit. b) or an event that neither the travel agency, nor the supplier or service provider, with all the effort made, could foresee or avoid it; ". 3. In Article 20 (2), after letter b) a new letter, letter c) is inserted, with the following contents: "" c) when the default is due to a third party which is not related to the provision of the services provided for in the contract, and the causes that have determined the default of the obligations are unpredictable and unavoidable. " 4. in Article 20, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In the cases provided in par. ((2) lit. b) the travel agency part of the contract is obliged to promptly provide assistance to the consumer in difficulty. " 5. Article 33 is inserted after the entry with the following contents: "" This ordinance transposes the provisions Council Directive 90 /314/EEC COUNCIL DIRECTIVE of 13 June 1990 on packages of services for travel, holidays and circuits published in the Official Journal of the European Union (JOCE) no. L 158 of 23 June 1990. ' + Article VI*) Law no. 193/2000 on unfair terms from contracts concluded between traders and consumers, republished in the Official Gazette of Romania, Part I, no. 1.014 of 20 December 2006, shall be amended and supplemented as follows: 1. Article 2 shall read as follows: "" Art. 2. -(1) The consumer means any natural person or group of natural persons constituted in associations, who, pursuant to a contract covered by this law, act for purposes outside his commercial, industrial activity. or production, artisanal or liberal. (2) The trader means any authorized natural or legal person, who, pursuant to a contract covered by this law, acts within the framework of his commercial, industrial or production, artisanal or liberal activity, as well as any person acting for the same purpose on behalf of or on behalf of it. " 2. In Article 4, after paragraph 4, two new paragraphs are inserted, paragraphs 5 and 6, with the following contents: " (5) Without violating the provisions of this law, the abusive nature of a contractual clause shall be evaluated according to: a) the nature of the products or services covered by the contract at the time of its conclusion b) all factors which determined the conclusion of the contract; c) other clauses of the contract or other contracts of which it depends. (6) The assessment of the abusive nature of the clauses is neither associated with the definition of the main object of the contract, nor with the quality of satisfying the price and payment requirements, on the one hand, nor with the products and services offered in return, on the other part, to the extent that these clauses are expressed in an easily intelligible language. " 3. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -If the contracting parties choose as law applicable to the contract the law of a state that is not part of the European Union, and the contract has a close connection with the territory of Romania or with other Member States of the European Union and in the case in which this law has more favourable provisions for the consumer, the latter will apply. " 4. Article 16 is inserted after the entry with the following contents: "" This law transposes the provisions Council Directive 93 /13/EEC COMMISSION DECISION of 5 April 1993 on unfair terms in consumer contracts published in the Official Journal of the European Union (JOCE) no. L 95 of 21 April 1993. ' 5. In the Annex, letters a), p) and t) shall read as follows: "" a) entitle the trader to unilaterally modify the terms of the contract, without having a good reason to be specified in the contract. The provisions of this letter do not preclude clauses under which a financial services provider reserves the right to change the interest rate payable by the consumer or due to the latter or the value of other charges for services financial, without prior notice, if there is a substantiated motivation, given that the trader is obliged to inform as soon as possible about it the other contracting parties and the latter have the freedom to terminate right away. The provisions of this letter also do not preclude clauses by which the trader reserves the right to unilaterally modify the terms of an open-ended contract, given that the trader is required to inform the trader. the consumer, through a prior notification submitted within a reasonable time, in order for the latter to be free to terminate the contract; ........................................................................................ p) provide that the price of the products is determined at the time of delivery or allow the sellers of products or service providers the right to increase the prices, without, in both cases, to grant the consumer the right to cancel the contract in the case in which the final price is too high in relation to the agreed price at the time of the conclusion The provisions of this letter do not preclude the price indexation clauses, as long as they are legal, provided that the method by which prices vary is explicitly described; ....................................................................................... t) entitle the trader to terminate the contract concluded for an indefinite duration without reasonable prior notice, except for good reasons. The provisions of this letter do not preclude clauses by which the financial services provider reserves the right to unilaterally dispose of an end to a contract concluded for an indefinite period and without prior notice in the event of a reason based, provided that the supplier is obliged to inform the other Contracting Parties immediately. '; 6. In the Annex, a new paragraph (2) is inserted, with the following contents: " (2) Provisions of para. ((1) lit. a), p) and t) are not applicable in the case of: a) transactions in securities, financial instruments and other products or services, where the price is linked to fluctuations in the stock market quotation or the stock market index or a financial market exchange rate, which the seller or supplier cannot control them; b) contracts for the purchase or sale of estimates, traveller's cheques, international payment orders issued in foreign currency or other international payment instruments. " + Article VII Law no. 449/2003 * *) on the sale of products and their associated guarantees, published in the Official Gazette of Romania, Part I, no. 812 of 18 November 2003, shall be amended and supplemented as follows: 1. In Article 2, the letter a) shall read as follows: " a) consumer-any natural person or group of natural persons constituted in associations, who, in the framework of contracts covered by this law, act for purposes outside his commercial, industrial or production activity, craft or liberal; '. 2. Article 14 (2) shall be repealed. 3. In Article 25, a new paragraph (2) is inserted, with the following contents: " (2) If the contracting parties choose as the law applicable to the contract the law of a state not part of the European Union, and the contract has a close connection with the territory of Romania or with other Member States of the European Union and in the case in which this law has more favourable provisions for the consumer, the latter will apply. " 4. After Article 25, a new article is inserted, Article 25 ^ 1, with the following contents: "" Art. 25 25 ^ 1. -The government will adopt methodological norms for the application of this law. " 5. Article 26 shall be inserted after the following entry: "" This law transposes the provisions Directive 1999 /44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and related guarantees, published in the Official Journal of the European Union (JOCE) no. L 171 of 7 July 1999. ' + Article VIII Law no. 245/2004 * *) on the general security of the products, published in the Official Gazette of Romania, Part I, no. 565 of 25 June 2004, shall be amended and supplemented as follows: 1. In Article 1, the introductory part of paragraph 2 shall read as follows: " (2) Where some products are subject to specific security requirements imposed by Community law, this law applies only to the aspects and risks or categories of risks that are not provided for by these regulations, as follows: '. 2. In Article 3, the introductory part of paragraph 4 shall read as follows: " (4) Under conditions other than those envisaged in par. ((2) and (3), the conformity of a product with the general security requirement of the products may be assessed taking into account, if any: '. 3. In Article 4, letter a) of paragraph 3 shall read as follows: " a) the information, by means of the product or packaging, on the identity and details of the manufacturer, and the information on the product or, as the case may be, on the batch of products to which it belongs, except where the omission of this information is justified; '. 4. In Article 8, paragraph 1 shall read as follows: "" Art. 8. -(1) It shall constitute contraventions and shall be sanctioned as follows: a) violation of art. 3 3 para. (1), with a fine of 3,000 lei to 30,000 lei; b) violation of art. 4 4 para. (1), with a fine of 1,000 lei to 3,000 lei; c) violation of art. 4 4 para. ((2) and art. 5 5 para. ((1) lit. b) section 2, with a fine of 700 lei to 7,000 lei; d) violation of art. 5 5 para. ((1) lit. a), with a fine of 2,000 lei to 4,000 lei. " 5. In Article 10, the introductory part of paragraph 1 shall read as follows: "" Art. 10. -(1) For the purposes of this law, in particular art. 6 6, the competent authority for market surveillance on the conformity of products with the general security requirements shall, where appropriate, take one of the following complementary measures: '. 6. in Article 17, after paragraph 6, a new paragraph (7) is inserted, with the following contents: "" (7) As a result of the notifications received through the RAPEX system, the national contact point will send to the European Commission the measures adopted on the products detected on the Romanian market. " 7. In Article 18, paragraph 3 shall read as follows: " (3) Within one month, the competent authority for market surveillance on the compliance of products with the general security requirements, responsible for carrying out the measures provided for in art. 10 10 (1) lit. b)-f), they must give the parties concerned the opportunity to express their views by informing the European Commission about them. " 8. in Article 18, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "" (4) The export from the European Community of dangerous products which were the subject of a decision referred to in paragraph 1. ((2) is prohibited in so far as the judgment does not specify otherwise. " 9. in Annex no. 2, paragraph 7 will read as follows: "" Seven. If, in accordance with art. 17 17 para. (3) of the law, Romania informed the European Commission before deciding to adopt a measure about a serious risk, must indicate to the European Commission, within 45 days, whether this information is confirmed or modified. " + Article IX Law no. 12/1990 * *) on the protection of the population against illicit commercial activities, republished in the Official Gazette of Romania, Part I, no. 133 of 20 June 1991, as amended and supplemented, shall be amended as follows: -In Article 1, letter c) will read as follows: "c) the conditioning of the sale of goods or the provision of services for the purchase of other goods or the provision of services;". + Article X Government Ordinance no. 106/1999 on contracts concluded outside commercial premises, published in the Official Gazette of Romania, Part I, no. 431 of 31 August 1999, approved with amendments and additions by Law no. 60/2002 ,, amend and supplement as follows: 1. In Article 2, points a) and b) shall read as follows: " a) consumer-any natural person or group of natural persons constituted in associations which, in the course of transactions falling within the scope of this ordinance, act for purposes outside its commercial, industrial or production, craft or liberal; b) trader-any authorized natural or legal person, acting within the framework of its commercial, industrial or production activity, artisanal or liberal, within the framework of the transactions covered by this ordinance, and any person acting for the same purpose, on behalf of or on behalf of that person; '. 2. Article 23 is inserted after the entry with the following contents: "" This ordinance transposes the provisions Directive 85 /577/EEC of the Council of 20 December 1985 on the protection of consumers in the case of contracts negotiated outside commercial premises, published in the Official Journal of the European Union (JOCE) no. L 372 of 31 December 1985. ' + Article XI Government Ordinance no. 21/1992 * *) on consumer protection, republished in the Official Gazette of Romania, Part I, no. 208 of 28 March 2007, shall be amended and supplemented as follows: 1. In Article 2, points 2 and 23 shall read as follows: " 2. consumer-any natural person or group of natural persons constituted in associations, acting for purposes outside his commercial, industrial or production, artisanal or liberal activity; ...................................................................................... 23. placing on the market-the action to make available for the first time, for a fee or free of charge, a product or service for distribution or use. " 2. In Article 3, the letter e) shall read as follows: "e) to be organised in consumer associations for the purpose of defending their interests." 3. in Article 7, the first indent of point (a) shall be repealed. 4. In Article 7, the 4th indent of the letter c) shall read as follows: "-to ensure, when providing services, hygienic conditions, the conditions established by the manufacturer, the normative acts in force, as well as those specific to the activity;". 5. in Article 7, the fifth indent of point (c) shall be repealed. 6. In Article 10, letter g) shall read as follows: "g) to notify consumer associations and public administration bodies of the violation of their legitimate rights and interests, as consumers, and to make proposals on improving the quality of products and services;". 7. In Article 20, paragraph 1 shall read as follows: "" Art. 20. -(1) The manufacturer must inform about the name of the product, the name and/or the manufacturer's mark, the quantity and, as the case may be, the term of warranty, validity or date of minimum durability, average duration of use, main technical and qualitative characteristics, composition, additives used, about possible foreseeable risks, use, handling, storage, preservation or storage, about contraindications. " 8. The title of Chapter VI shall read as follows: "" CHAPTER VI Consumer associations " 9. Article 30 shall read as follows: "" Art. 30. -For the purposes of this ordinance, consumer associations are considered non-governmental organizations, as legal entities, according to the law, and which, without pursuing profit making for their members, have as sole purpose the defense of rights and the legitimate interests of their members or consumers in general. " 10. Article 31 shall read as follows: "" Art. 31. -Consumer associations can be social partners with the right of representation in advisory boards with a role in the field of consumer protection, in which public administration bodies are represented, if they meet the conditions of this ordinances. " 11. In Article 32, the introductory part shall read as follows: "" Art. 32. -Consumer associations that defend the legitimate rights and interests of consumers, in general, are, by law, social partners in the advisory councils provided for in this ordinance, if: ". 12. Article 33 shall read as follows: "" Art. 33. -Consumer associations which are constituted for the purpose of defending the interests of their members alone may become social partners with the right of representation in the advisory bodies with a role in the field of consumer protection and in which the bodies public administration is represented, only if they have at least 800 members. " 13. Article 34 shall read as follows: "" Art. 34. -After the establishment, consumer associations will require their consideration by the public administration body for the protection of central or local level consumers, as the case may be. " 14. Article 35 shall read as follows: "" Art. 35. -Management staff and employees of the specialized bodies of the public administration, as well as of the devolved public services of ministries and other specialized bodies of the central public administration, with duties on the line of consumer protection does not have the right to hold office in the governing bodies of consumer associations. " 15. In Article 36, the introductory part shall read as follows: "" Art. 36. -Consumer associations are consulted by the services and bodies of the public administration provided in art. 35, according to the powers, to the elaboration of the provisions and procedures of a general nature and other works aimed at the protection of consumers, with regard to: ". 16. In Article 37, the introductory part and letter c) shall read as follows: "" Art. 37. -Consumer associations have the following rights and obligations: ....................................................................................... c) to inform the competent authorities of the presence on the market of non-compliant or life-threatening products, health or safety of consumers, with regard to unfair terms in contracts and unfair practices of traders in relation to consumers; '. 17. Article 37, points f) and j) shall be repealed. 18. Article 38 shall read as follows: "" Art. 38. -Consumer consulting and information centers can be organized at the level of offices in the organizational structure of consumer associations and carry out free activities for their benefit, consisting of information, recommendations and advice on issues related to the purchase of a product or service. " 19. In Article 39, the introductory part of paragraph 1 shall read as follows: "" Art. 39. -(1) The amounts received from the state budget, through the National Authority for Consumer Protection, shall be used for the establishment and operation of consumer consulting and information centers, respectively for: ". 20. After Article 39, a new article is inserted, Article 39 ^ 1, with the following contents: "" Art. 39 39 ^ 1. -(1) Since 2008, the National Authority for Consumer Protection co-finances the European Consumer Centre. (2) The National Authority for Consumer Protection shall provide annually, in its budget, amounts for the co-financing of the European Consumer Centre. ((3) The control over the activity carried out by the European Consumer Centre, for the amounts granted from the state budget, shall be exercised by the National Authority for Consumer Protection. " 21. Article 41 shall read as follows: "" Art. 41. -Control over the activities carried out in the consumer consulting and information centres within consumer associations, as well as the European Consumer Centre, which received amounts from the state budget or from the budgets local, shall be exercised by the National Authority for Consumer Protection. " 22. Article 42 shall read as follows: "" Art. 42. -Representatives of consumer associations do not have the right to control economic operators. " 23. Article 43 shall read as follows: "" Art. 43. -The Consumer Advisory and Information Centres and the European Consumer Centre may receive expert assistance from the staff of the National Consumer Protection Authority, empowered for this purpose. " 24. In Article 45, letter c) shall read as follows: " c) representatives of consumer associations; '. 25. Article 47 shall read as follows: "" Art. 47. -The legal actions directed by the consumer associations, established under the conditions provided in art. 32 and 33, against economic operators who have harmed the legitimate rights and interests of consumers are exempt from stamp duty. " 26. In Article 50, letter c) of paragraph (1) shall read as follows: " c) infringement of the provisions of 5 5, art. 7 lit. b) the first, 2nd and 5th indents, lit. c) 3rd and 4th indents, art. 9 9, art. 10 lit. a)-f) and h) and art. 11, with contravention fine from 2,000 lei to 4,000 lei; ". 27. In Article 55, point d) of point 2 shall read as follows: " d) services which may endanger the life, health, safety or economic interests of consumers shall be provided; '; 28. In Article 60, paragraph 1 shall read as follows: "" Art. 60. -(1) If the offender has not paid the fine within 30 days of the final stay of the sanction and there is no possibility of forced execution, the institution to which the ascertaining agent belongs will refer the matter to the court on whose territorial area was committed, in order to replace the fine with the sanction of obliging the offender to perform a community service, taking into account the part of the fine that was paid. " 29. In Article 66, letter f) shall read as follows: " f) the conditions under which consumer associations, established according to art. 33, may become social partners with the right of representation; ". 30. Article 66, point h) shall be repealed. 31. Article 68 shall read as follows: "" Art. 68. -The National Authority for Consumer Protection approves or changes the criteria for evaluation and selection of consumer associations that establish or within which consumer consulting and information centers operate, such as and the model of convention provided in art. 40 40 para. ((1). ' + Article XII Government Emergency Ordinance no. 97/2001 * *) on the regulation of food production, circulation and marketing, published in the Official Gazette of Romania, Part I, no. 349 349 of 29 June 2001, approved with amendments and completions by Law no. 57/2002 ,, is amended as follows: -In Article 34, the letter d) will read as follows: " d) prohibition of the sale of food under certain names, information or presentations that may mislead, and the prohibition of advertising of products for which certain graphic presentations or other information may be used error; '. + Article XIII Law no. 296/2004 *) on the Consumer Code, published in the Official Gazette of Romania, Part I, no. 593 of 1 July 2004, as amended and supplemented, shall be amended as follows: -In the Annex, point 13 will read as follows: "" 13. consumer-any natural person or group of natural persons constituted in associations, acting for purposes outside his commercial, industrial or production, artisanal or liberal activity; ". + Title III Final provisions + Article I Within 12 months from the date of entry into force of this Law, in application of the provisions of Title I, the Government, through its specialized bodies, will develop specific norms and regulations, which will be published in the Official Gazette of Romania, Part I. + Article II Within 60 days from the date of entry into force of this law, the Government will approve by decision the regulation on the establishment and operation of consumer consulting and information centres, as well as the establishment of sources of their funding. + Article III (1) Within 30 days from the date of entry into force of this Law, the National Authority for Consumer Protection shall inform consumers through the media about the provisions of Title I. (2) At the request of economic operators, the National Authority for Consumer Protection will advise them in carrying out codes of conduct. + Article IV (1) By June 12, 2013, provisions may be applied more restrictive than those of this law, provisions arising from the transposition of certain directives with minimum harmonization clauses. (2) The National Authority for Consumer Protection will notify the European Commission of the legal provisions referred to in par. ((1). + Article V The following normative acts will be republished, giving the texts a new numbering: a) Government Ordinance no. 130/2000 on the protection of consumers at the conclusion and execution of distance contracts, published in the Official Gazette of Romania, Part I, no. 431 of 2 September 2000, approved with amendments and additions by Law no. 51/2003 , as well as with the amendments and additions made by this law; b) Law no. 12/1990 on the protection of the population against illicit commercial activities, republished in the Official Gazette of Romania, Part I, no. 133 of June 20, 1991, with subsequent amendments and completions, as well as with the amendment brought by this law; c) Government Ordinance no. 106/1999 on contracts concluded outside commercial premises, published in the Official Gazette of Romania, Part I, no. 431 of 31 August 1999, approved with amendments and additions by Law no. 60/2002 , as well as with the amendments and additions made by this law; d) Government Emergency Ordinance no. 97/2001 on the regulation of food production, circulation and marketing, published in the Official Gazette of Romania, Part I, no. 349 349 of 29 June 2001, approved with amendments and completions by Law no. 57/2002 , as well as with the amendment brought by this law; e) Law no. 296/2004 on the Consumer Code, published in the Official Gazette of Romania, Part I, no. 593 of July 1, 2004, with subsequent amendments and completions, as well as with the amendment brought by this law; f) Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal norms of hygiene and public health, published in the Official Gazette of Romania, Part I, no. 317 of 16 November 1994, with subsequent amendments and completions; g) Law no. 349/2002 to prevent and combat the effects of the consumption of tobacco products, published in the Official Gazette of Romania, Part I, no. 435 of 21 June 2002, with subsequent amendments and completions; h) Law of Pomiculture no. 348/2003 , published in the Official Gazette of Romania, Part I, no. 541 of 28 July 2003, with subsequent amendments and completions; i) Law no. 30/2006 on public health rules to the use of mushrooms from spontaneous flora, published in the Official Gazette of Romania, Part I, no. 208 of 7 March 2006, as amended; j) Government Ordinance no. 85/2004 on the protection of consumers at the conclusion and execution of distance contracts on financial services, published in the Official Gazette of Romania, Part I, no. 796 of 27 August 2004, approved by Law no. 399/2004 , with the amendments and additions made by this law; k) Law no. 240/2004 on the liability of producers for damage caused by defective products, published in the Official Gazette of Romania, Part I, no. 552 of 22 June 2004, with the amendment brought by this law; l) Law no. 289/2004 on the legal regime of consumer credit agreements for consumers, individuals, published in the Official Gazette of Romania, Part I, no. 611 of July 6, 2004, with the amendments and completions brought by this law; m) Law no. 193/2000 on unfair terms from contracts concluded between traders and consumers, republished in the Official Gazette of Romania, Part I, no. 1.014 of 20 December 2006, as amended and supplemented by this Law; n) Law no. 449/2003 on the sale of products and their associated guarantees, published in the Official Gazette of Romania, Part I, no. 812 of 18 November 2003, as amended and supplemented by this Law; o) Law no. 245/2004 on the general security of the products, published in the Official Gazette of Romania, Part I, no. 565 of June 25, 2004, with the amendments and completions brought by this law; p) Government Ordinance no. 107/1999 on the activity of marketing the package of tourist services, republished in the Official Gazette of Romania, Part I, no. 387 of 7 June 2007, as amended and supplemented by this Law; r) Government Ordinance no. 21/1992 on consumer protection, republished in the Official Gazette of Romania, Part I, no. 208 of March 28, 2007, with the amendments and completions brought by this law; s) Law no. 608/2001 on the conformity assessment of products, republished in the Official Gazette of Romania, Part I, no. 313 of 6 April 2006, as amended; s) Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations, published in the Official Gazette of Romania, Part I, no. 593 of 22 November 2000, approved with amendments by Law no. 451/2001 , with subsequent amendments and completions; t) Government Ordinance no. 42/1995 on the production of food products for sale, published in the Official Gazette of Romania, Part I, no. 203 of 1 September 1995, approved with amendments and additions by Law no. 123/1995 , with subsequent amendments and completions; t) Government Ordinance no. 25/2006 on the strengthening of the administrative capacity of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, no. 84 of 30 January 2006, approved with amendments and additions by Law no. 364/2006 ; u) Government Emergency Ordinance no. 34/2000 on organic agri-food products, published in the Official Gazette of Romania, Part I, no. 172 172 of 21 April 2000, approved by Law no. 38/2001 , with subsequent amendments and completions. + Article VI Title I of this Law transposes the provisions Directive 2005 /29/EC of the European Parliament and of the Council of 11 May 2005 on unfair business practices in the internal market towards consumers and amending Directive 84 /450/EEC of the Council, Directives 97 /7/EC , 98 98 /27/EC and 2002 2002 /65/EC of the European Parliament and of the Council, and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ('the Unfair Commercial Practices Directive '), published in the Official Journal of the European Union (JOCE) no. L 149 of 11 June 2005. + Article VII Annexes no. 1 and 2 are an integral part of this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
BOGDAN OLTEANU
SENATE PRESIDENT
NICOLAE VACAROIU Bucharest, December 21, 2007. No. 363. + Annex 1 COMMERCIAL PRACTICES considered incorrect in any situation Misleading business practices 1. The claim by the trader that he is a signatory party to a code of conduct, if it is not. 2. Displaying a certificate, a quality mark or an equivalent without having obtained the necessary authorization. 3. The assertion that a code of conduct has received the approval of a public body or another body, if it has not been received. 4. Affirmation as a trader, including its commercial practices, or that a product has been agreed, approved or authorized by a public or private body, if that is not true, or the affirmation that it has been agreed, approved or authorized without comply with the conditions of approval, approval or authorization. 5. The launch of an invitation to buy products at a certain price, if the trader does not disclose the existence of reasonable grounds on the basis of which he would appreciate that he will not be able to provide, himself or through another trader, those similar products or products at the same price, for a period and in a reasonable quantity, with regard to the product, the extent of the advertisement and the price offered. 6. The launch of an invitation to buy products at a certain price, because then, in order to promote a different product, the trader should resort to one of the following facts: a) refusal of the presentation of the article which was released; b) refusal to take the order on that article or delivery within a reasonable period; c presentation of a sample with defects. ---------- Section 6 of the "Misleading Commercial Practices" paragraph of Annex 1 has been amended by section 6. 4 art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. 7. False assertion that a product will only be available for a very limited period of time or that it will only be available under certain conditions, for a very limited period, in order to obtain an immediate decision and lack of consumers of other possibilities or of sufficient time to make an informed choice. 8. The trader's commitment to provide a post-sales service to consumers, when the trader has communicated with them, before the conclusion of the transaction, in a language which is not the official language of the Member State in which it is established and subsequently provided that service only in another language, without however clearly informing consumers of it, prior to engaging in the transaction. ---------- Section 8 of the "Misleading Commercial Practices" paragraph of Annex 1 has been amended by section 8. 4 art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. 9. The assertion or creation of the impression that a product may lawfully be sold, in a situation where this is not possible. 10. Presentation of rights offered to consumers by law as a distinct feature of the merchant's offer. 11. Use of an editorial context in the media, in order to promote a product for whose advertising the trader paid, without however that it be clearly stated either in the contents or through images or sounds easily identified by consumer (sneaky advertising). This provision is without prejudice to provisions Audiovisual Law no. 504/2002 , with subsequent amendments and completions. 12. Launch of inaccurate statements about the nature and extent of the risk to the personal security of the consumer or his family, if the consumer does not purchase the product. 13. The promotion, with the intention of misleading the consumer, of a product that resembles another product manufactured by a certain manufacturer, so that the consumer believes that the product is manufactured by this manufacturer. 14. Creation, operation or promotion of a piramidal promotional system, in which the consumer offers a consideration, including in products, services or money, in exchange for the possibility of receiving compensation, which stems in particular as a result of the introduction another consumer in the system than as a result of the sale or consumption of products ---------- Section 14 of the "Misleading Commercial Practices" paragraph of Annex 1 has been amended by section 14. 4 art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. 15. The assertion by a trader that he ceases his activity or settles elsewhere, when that is not true. 16. Affirmation that a product can facilitate winnings at gambling. 17. False claim that the product can cure diseases, dysfunctions or malformations. 18. Transmission of inaccurate information about the conditions offered by the market or the possibility of purchasing the product, with the intention of causing the consumer to buy the product under less favorable conditions than under normal conditions of market. 19. The affirmation, within the framework of a commercial practice, that a contest will be held or a prize will be offered for promotional purposes, without however granting the promised prize or a reasonable equivalent. 20. Description of a product as "free", "no cost" or in a similar way, if the consumer must bear other costs, apart from the inevitable costs resulting from the response to commercial practice and payment for delivery or pick up. 21. Inclusion in the advertising materials of an invoice or a similar document relating to payment, giving the consumer the impression that he has already ordered the product promoted, when, in fact, he did not order it. 22. False assertion or creation of the impression that the shares of the trader are not related to his commercial, industrial or production activities, artisanal or liberal, or false presentation of his consumer quality. 23. The creation of false impression that the after-sales service of a product is available in a Member State other than that in which the product is sold. Aggressive trade practices 1. Creating the impression of the consumer that he cannot leave the premises of the trader until a contract is drawn up. 2. Personal conduct of visits to the consumer's home, ignoring his request to leave or not return, except for legitimate situations and to the extent justified, under national law, for the implementation of a contractual obligations. 3. Persistent and unwelcome request, via telephone, fax, email or other means of distance communication, except for legitimate situations and to the extent justified, under national law, for the placing in the application of a contractual obligation. The provisions of this paragraph shall be implemented without violating the provisions of art. 15 and 16 of Government Ordinance no. 130/2000 on consumer protection at the conclusion and execution of distance contracts, approved with amendments and additions by Law no. 51/2003 ,, of art. 12 12 para. ((1) of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, and of art. 9 9 para. ((1)-(3) of Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent additions. 4. Request from a consumer who wishes to execute an insurance policy to bring documents that cannot reasonably be considered relevant, to determine whether the claim is valid, or the systematic lack of response to correspondence. Relevance, with the aim of causing a consumer to give up the exercise of his contractual rights. 5. Inclusion in an advertisement of a direct appeal to children to buy the products promoted or to convince their parents or other adults to buy the products promoted. The provisions of this paragraph shall apply without violating the provisions art. 33 of the Broadcasting Law no. 504/2002 , with subsequent amendments and completions. 6 6. Request an immediate or subsequent payment for the return or safe keeping of the product provided by the trader, but unsolicited by the consumer, unless the product is a substitute provided in accordance with provisions art. 11 11 para. (3) of Government Ordinance no. 130/2000 , approved with amendments and additions by Law no. 51/2003 . 7. The explicit information of the consumer that, if he does not buy the product or service, the trader risks losing his service or the means of living. 8. Creating the false impression of the consumer that he has already won, will win or that, if he does a certain thing, he will win an award or another equivalent benefit, when, in reality, one of the following situations is valid: a) there is no prize or other equivalent benefit; b) any action taken in order to request the prize or other equivalent benefit is conditional on the payment of a sum of money or the bearing of a cost by the consumer. ---------- Lit. b) 8 8 of the paragraph 'Aggressive Commercial Practices' in Annex 1 has been amended by point (a). 5 art. I of LAW no. 33 33 of 9 March 2015 , published in MONITORUL OFFICIAL no. 170 170 of 11 March 2015. + Annex 2 PROVISIONS OF NATIONAL LAW establishing rules on advertising and commercial communication 1. Art. 3 and 4 of Government Ordinance no. 130/2000 on the protection of consumers at the conclusion and execution of distance contracts, published in the Official Gazette of Romania, Part I, no. 431 of 2 September 2000, approved with amendments and additions by Law no. 51/2003 2. Art. 6-10 of Government Ordinance no. 107/1999 on the activity of marketing the package of tourist services, republished in the Official Gazette of Romania, Part I, no. 387 387 of 7 June 2007 3. Art. 4 para. ((5) of Law no. 282/2004 on the protection of acquires with regard to certain aspects of contracts bearing on the acquisition of a right of use for the limited duration of real estate, published in the Official Gazette of Romania, Part I, no. 580 580 of 30 June 2004 4. Art. 6 and 7 of the Government Decision no. 947/2000 on the way of indicating the prices of products offered to consumers for sale, published in the Official Gazette of Romania, Part I, no. 524 524 of 25 October 2000 5. Article 5 of Law no. 289/2004 on the legal regime of consumer credit agreements for consumers, individuals, published in the Official Gazette of Romania, Part I, no. 611 611 of 6 July 2004 6. Art. 4-6 of Government Ordinance no. 85/2004 on the protection of consumers at the conclusion and execution of distance contracts on financial services, published in the Official Gazette of Romania, Part I, no. 796 of 27 August 2004, approved by Law no. 399/2004 7. Article 5 and art. 6 6 para. ((2) of Law no. 365/2002 on e-commerce, republished in the Official Gazette of Romania, Part I, no. 959 959 of 29 November 2006 8. Art. 73, art. 184 184, art. 185 185 para. ((1), art. 187 187 of Law no. 297/2004 on the capital market, published in the Official Gazette of Romania, Part I, no. 571 571 of 29 June 2004, with subsequent amendments and completions 9. Art. 12 para. ((16)-(19) and art. 24 ^ 1 of Law no. 32/2000 on insurance and insurance supervision activity, published in the Official Gazette of Romania, Part I, no. 148 of 10 April 2000, with subsequent amendments and completions 10. Art. 1-6 and art. 8 8 para. ((1) and (2) of the Annex to Order of the President of the Insurance Supervisory Commission no. 3.111/2004 for the implementation of the Rules on the information that insurers and insurance intermediaries must provide to customers, published in the Official Gazette of Romania, Part I, no. 1.243 1.243 of 23 December 2004 11. Art. 40 ^ 1 of Law no. 136/1995 on insurance and reinsurance in Romania, published in the Official Gazette of Romania, Part I, no. 303 303 of 30 December 1995, with subsequent amendments and completions 12. Art. 21 and 93 of Regulation no. 1/2006 on issuers and securities transactions, approved by Order of the National Securities Commission no. 23/2006 , published in the Official Gazette of Romania, Part I, no. 312 and 312 bis of 6 April 2006 13. Art. 792-811 of Law no. 95/2006 on health reform, published in the Official Gazette of Romania, Part I, no. 372 of 28 April 2006, with subsequent amendments and completions. ------