JOHN CARLOS I

KING OF SPAIN

To all who present it and understand

Sabed: That the General Courts have approved and I come to sanction the following Law:

Article 51 of the Constitution of 27 December 1978 provides that public authorities shall ensure the protection of consumers and users, by protecting, by means of effective procedures, safety, health and safety. legitimate economic interests of the same. They shall also promote their information and education, encourage their organisations and hear them on issues that may affect them.

order to comply with the aforementioned constitutional mandate, this Law, for which the principles and guidelines in force in the European Economic Community have been contemplated, aims to provide the consumers and users of a legal instrument for protection and defence, which does not exclude or supplant other actions and regulatory developments arising from close or connected jurisdiction, such as commercial, criminal or procedural law, and the rules on industrial safety, hygiene and public health, production management and internal trade.

The objectives of the Law are concretized in:

1. Establish, on a firm and direct basis, effective procedures for the protection of consumers and users.

2. To have the appropriate legal framework to promote the optimal development of the associative movement in this field.

3. Declare the principles, criteria, obligations and rights which form the defence of consumers and users and which, in the field of their powers, must be taken into account by the public authorities in actions and developments Future regulations, in the framework of the doctrine sitting by the Constitutional Court.

CHAPTER FIRST

Scope and consumer rights

Article first.

1. In the development of Article 51.1 and 2 of the Constitution, this Law is intended to protect consumers and users, which, according to Article 53.3 of the Constitution, has the general principle of the reporting of legal systems.

In any case, the defense of consumers and users will be made in the framework of the economic system designed in Articles 38 and 128 of the Constitution and subject to the provisions of Article 139.

2. For the purposes of this Law, consumers or users are the natural or legal persons who acquire, use or enjoy as final recipients, movable or immovable property, products, services, activities or functions, whatever the public or private, individual or collective nature of those who produce, facilitate, supply or issue.

3. They shall not be considered as consumers or users who do not constitute final recipients, acquire, store, use or consume goods or services, in order to integrate them into production, processing, marketing, or benefit to third parties.

Article 2.

1. They are the basic rights of consumers and users:

(a) Protection against risks that may affect your health or safety.

b) The protection of their legitimate economic and social interests.

c) Compensation or compensation for damages suffered.

d) The right information about the different products or services and education and outreach, to facilitate knowledge about their proper use, consumption or enjoyment.

e) The hearing in consultation, the participation in the procedure for drawing up the general provisions that directly affect them and the representation of their interests, all through the associations, groupings or confederations of consumers and legally constituted users.

f) Legal, administrative and technical pressure in situations of inferiority, subordination or defensiveness.

2. The rights of consumers and users shall be protected as a priority when they are directly related to common, ordinary and common products or services.

3. The prior waiver of the rights that this Law recognizes to consumers and users in the acquisition and use of goods or services is void.

The acts of fraud of this Law are also null and void, in accordance with Article 6. of the Civil Code.

CHAPTER II

Health and safety protection

Article 3.

1. The products, activities and services placed on the market at the disposal of consumers or users shall not entail any risk to their health or safety, except for the usual or regularisameral permitted under normal and foreseeable conditions of use.

2. As a general rule, the risks arising from the foreseeable use of goods and services, having regard to their nature and the persons to whom they are intended, must be brought to the attention of consumers or consumers. users by appropriate means, as referred to in Article 13. f).

Article 4.

1. Regulatory regulations for the different products, activities or services shall determine at least:

a) The concepts, definitions, nature, characteristics, and classifications.

(b) The conditions and requirements of the facilities and of the qualified personnel to attend.

c) The usual procedures or treatments of manufacture, distribution and marketing, permitted, subject to prior authorization or prohibited.

(d) The positive lists of additives authorised and reviewed by the Ministry of Health and Consumer Affairs.

e) Labelling and advertising.

(f) The technical conditions and requirements for distribution, storage, marketing, supply, import and export, without prejudice to the provisions of the tariff legislation and the foreign trade regulator.

g) The official methods of analysis, sampling, quality control and inspection.

(h) Guarantees, liabilities, violations and penalties.

i) The system of authorisation, registration and review.

2. Fertilizers, pesticides and all articles which contain toxic, caustic, corrosive or abrasive substances in their composition shall be packed with the appropriate guarantees and must bear in a visible manner the appropriate indications to be given by the risk of tampering.

3. The abovementioned ends may be codified by common or general rules, in particular in the case of additives, toxic products, packaging material, labelling, storage, transport and supply, sampling, methods of analysis, registration, inspection, liability and sanctioning regime.

Article 5.

1. For the protection of the health and physical safety of consumers and users, the import, production, processing, storage, transport, distribution and use of goods and services, as well as their control, surveillance and inspection, in particular for the goods of first necessity.

2. In any case, and as a guarantee of the health and safety of people, it will be observed:

(a) The prohibition on the use of any additive which is not expressly mentioned in the positive lists authorised and published by the Ministry of Health and Consumer Affairs and always taking into account the form, limits and conditions which there are established. Such lists shall be permanently reviewable for reasons of public health or health interest, without thereby generating any acquired rights.

(b) The prohibition of having or storing products that are not legally permitted or prohibited, in the premises or facilities of production, processing, storage or transport of food or beverages.

c) the control requirements for toxic or poisonous products, including those resulting from mixtures and other industrial manipulations, so that their origin, distribution, destination and their origin can be quickly and effectively checked; use.

(d) The prohibition on the sale of beverages and foodstuffs, without prejudice to the distribution, distribution or supply of those purchased or ordered by consumers in commercial establishments approved for sale to the public. The system of authorisation of direct home sales which is traditionally practised in certain areas of the national territory shall be regulated.

e) Compliance with the regulations establishing the Local Corporations or, where appropriate, the Autonomous Communities on the cases, modalities and conditions under which the street sale of beverages and food may be carried out.

(f) The prohibition on the sale or supply of packaged food, where the packaging, labels, labels, closures or seals is not included, the number of the General Health Register, in the form of regulations established.

g) the obligation to withdraw or suspend, by effective procedures, any product or service which does not comply with the conditions and requirements or which, for any other reason, poses a foreseeable risk to the health or safety of persons.

h) The prohibition of importing articles that do not comply with the provisions of this Law and provisions that develop it.

i) the control requirements for manufactured products liable to affect the physical safety of persons, with due regard to repair and maintenance services.

j) The prohibition of the use in the construction of houses and premises of public use materials and other elements that are liable to generate risks for the health and safety of persons.

k) The obligation for specialised pharmaceutical products to be packaged and closed with appropriate systems, providing information on composition, indications and adverse effects on their packaging or leaflets, and The aim is to ensure that health professionals are properly informed and ensure safety, especially of children, and that the health of the public is promoted.

Article 6.

Public authorities, directly or in collaboration with consumer organisations or users, will organise, in the field of their competences, campaigns or programmed actions of quality control, in particular in relation to with the following products and services:

(a) Common, ordinary and common use or consumption.

b) Those that reflect a higher incidence in statistical or epidemiological studies.

(c) Those who are the subject of complaints or complaints, of which the situations of inferiority, subordination or defensiveness referred to in Article 23, and/or are reasonably deducted.

(d) Those which are the subject of specific research programmes.

e) Those others who, by reason of their regime or process of production and marketing, may be more easily subject to fraud or adulteration.

CHAPTER III

Protecting economic and social interests

Item seventh.

The legitimate economic and social interests of consumers and users must be respected in the terms laid down in this Law, as well as the provisions of the civil and commercial rules and those governing the external and internal trade and the system of authorisation for each product or service.

Article 8.

1. The supply, promotion and advertising of products, activities or services shall be in accordance with their nature, characteristics, conditions, utility or purpose, without prejudice to the provisions on advertising. Their content, the performance of each product or service, and the conditions and guarantees offered, shall be enforceable by consumers or users, even if they are not expressly included in the contract concluded or in the document or proof received.

2. By way of derogation from the above paragraph, if the contract concluded contains more beneficial clauses, they shall prevail over the content of the offer, promotion or advertising.

3. The offer, promotion and false or misleading advertising of products, activities or services, will be pursued and sanctioned as fraud. The associations of consumers and users, established in accordance with the provisions of this Law, will be entitled to initiate and intervene in the administrative procedures to make it cease.

Article ninth.

The use of contests, sweepstakes, gifts, prize vouchers or the like, as methods linked to the offer, promotion or sale of certain goods, products or services, will be subject to specific regulation, fixing the cases, form, guarantees and corresponding effects.

Article 10.

1. The terms and conditions or stipulations which, in general, apply to the supply, promotion or sale of products or services, including those provided by the public authorities and the entities and undertakings of which they are dependent, shall be meet the following requirements:

(a) Concrete, clarity and simplicity in the drafting, with the possibility of direct understanding, without forwarding to texts or documents that are not provided prior to or at the same time as the conclusion of the contract, and to which, in any case, express reference must be made in the contract document.

b) Delivery, except for the waiver of the Interested, receipt, supporting, copy or document of the operation, or, where appropriate, of the budget, duly explained.

c) Good faith and fair balance of consideration that, among other things, excludes:

1. The omission, in cases of deferred payment in purchase-sale contracts, of the deferred amount, annual interest rate on outstanding amounts of amortisation and the clauses that, in any way, empower the seller to increase the deferred price of the during the term of the contract.

2. The terms that give one of the parties the power to discretionally resolve the contract, except, where appropriate, those recognized to the buyer in the arrangements for sale by mail, at home and by sample.

3. Unfair terms, such as those which would adversely affect the consumer in a disproportionate or non-equitable manner, or in the contract lead to an imbalance between the rights and obligations of the parties to the detriment of the parties. consumers or users.

4. Unfair terms of credit.

5. Price increases for services, accessories, financing, deferrals, surcharges, indemnities or penalties that do not correspond to additional benefits, which may be accepted or rejected in each case and expressed with the clarity and separation.

6. The absolute limitations of liability to the consumer or user and those relating to the essential utility or purpose of the product or service.

7. The impact on the consumer or user of errors, defects or administrative, bank or debit errors, which are not directly attributable to him, as well as the cost of the services that in his day and for a given time offered for free.

8. The reversal of the burden of proof to the detriment of the consumer or user.

9. The refusal expresses the fulfilment of the obligations or benefits of the producer or supplier, with automatic forwarding to administrative or judicial proceedings of complaint.

10. The imposition of waivers on the rights of the consumer and user recognized in this Law.

11. In the first sale of dwellings, the stipulation that the buyer must bear the costs arising from the preparation of the titration, which by its nature correspond to the seller (new work, horizontal property, mortgages to finance his/her construction or division and cancellation).

12. The obligation to purchase additional goods or goods or non-requested accessories.

2. For the purposes of this Law, it is understood by clauses, conditions or stipulations of a general nature, the whole of the prior written and unilaterally written by a Company or group of Companies to apply them to all contracts that (a) they shall be held, and the application of which cannot be avoided by the consumer or user, provided that he/she wishes to obtain the goods or services concerned.

The doubts in the interpretation will be resolved against the one who has written them, prevailing the particular clauses on the general conditions, as long as those are more beneficial than these.

3. The terms and conditions or conditions which, in general, use public undertakings or public service concessionaires under a monopoly, shall be subject to the approval and supervision and supervision of the authorities. (b) competent authorities, irrespective of the consultation provided for in Article 22 of this Law. All this, without prejudice to its submission to the general provisions of this Law.

4. They shall be null and void and the clauses, conditions or stipulations which do not comply with the above requirements shall be excluded.

However, where the remaining clauses determine a non-equitable situation of the positions of the parties in the contractual relationship, the contract itself shall be ineffective.

5. The public authorities shall ensure the accuracy of the weight and measure of goods and products, the transparency of prices and the conditions of the after-sales services of durable goods.

Item 11th.

1. The system of verification, claim, guarantee and possibility of resignation or return established in the contracts must allow the consumer or user to ensure the nature, characteristics, conditions and usefulness or purpose of the the product or service can claim effectively in the event of error, defect or deterioration; it can make the guarantees of quality or level of supply effective, and obtain the fair return of the market price of the product or service, total or partially, in the event of non-compliance.

2. In relation to goods of a durable nature, the producer or supplier shall provide a guarantee which, in writing, shall necessarily express:

(a) The object on which the guarantee falls.

b) The guarantor.

c) The holder of the guarantee.

d) The rights of the holder of the guarantee.

e) The duration of the warranty.

3. During the period of validity of the guarantee, the guarantee holder shall be entitled to at least:

(a) The completely free repair of the original defects or defects and the damages caused by them.

(b) In cases where the repair carried out is not satisfactory and the object does not review the optimum conditions for fulfilling the intended use, the holder of the guarantee shall be entitled to the replacement of the the object acquired by another of the same characteristics or the refund of the price paid.

4. It is forbidden to increase the prices of spare parts by applying them in repairs and to load by labor, transfer or visit quantities greater than the average estimated costs in each sector, and the different costs should be differentiated concepts. The price list of spare parts must be made available to the public.

5. In goods of a lasting nature, the consumer or user shall be entitled to an appropriate technical service, and to the existence of spare parts for a specified period.

Article twelfth.

The personal appearance of the consumer or user may not be made mandatory to make similar charges, payments or formalities.

CHAPTER IV

Right to Information

Article 13th.

1. The goods, products and, where appropriate, the services provided to consumers and users must incorporate, carry out or permit in a certain and objective manner a truthful, effective and sufficient information on their characteristics. essential, and at least the following:

a) Origin, nature, composition and purpose.

(b) Authorised additives which, if applicable, are incorporated.

c) Quality, quantity, category or usual or commercial denomination if they have it.

d) Full price or budget, if any, and legal and economic conditions of acquisition or use, indicating clearly and in a differentiated manner the price of the product or service and the amount of the increases or discounts, where applicable, and additional costs for services, accessories, financing, deferral or the like.

e) Date of production or supply, recommended period for use or consumption or expiry date.

(f) Instructions or indications for correct use or consumption, warnings and foreseeable risks.

2. The specific requirements in this field shall be laid down in the Regulations on the labelling, presentation and advertising of the products or services, in the special regulations or regulations applicable in each case, in order to guarantee the right to of consumers and users to a certain, effective, truthful and objective information. In the case of dwellings whose first transmission takes place after the entry into force of this Law, a complete documentation will be provided to the purchaser, signed by the seller, in which it is defined, in a plant at scale, in the housing and in the layout of all its installations, as well as the materials used in its construction, in particular those to which the user does not have direct access.

Article 14.

1. The information offices and services to the consumer or user shall have the following functions:

(a) Information, assistance and guidance to consumers and users for the proper exercise of their rights.

b) The indication of the addresses and main functions of other institutions, public or private, of interest to the consumer or user.

c) The receipt, registration and acknowledgement of receipt of complaints and complaints from consumers or users and their referral to the relevant Entities or Agencies.

d) In general the attention, defense and protection of consumers and users, in accordance with the provisions of this Law and provisions that develop it.

2. The offices of information of public ownership, without prejudice to those of consumer and user organisations, may carry out tasks of education and training in the field of consumption and support and serve as host to the arbitration system. provided for in Article 31.

3. Any form of express or covert advertising in the information offices shall be prohibited.

Item 15th.

According to its scope and its general or specialized character, the information offices of the consumer or user of public ownership will be able to collect information directly from the public authorities.

They will have an obligation to provide consumers and users with at least the following data:

1. Reference to the authorisation and registration of products or services.

2. Products or services that are suspended, withdrawn or expressly prohibited because of their risk or danger to the health or safety of persons.

3. Strong sanctions, imposed for infringements related to the rights of consumers and users. This information shall be provided in the cases, form and time-limits to be laid down.

4. Regulation of prices and conditions of products and services of common, ordinary and common use or consumption.

Article sixteenth.

1. The information offices of the consumer or user of public ownership may provide the results of the studies, tests, analyses or quality checks carried out in accordance with the rules to be determined in the Centres. officially recognised public or private, and such results may be reproduced in the media in the following cases:

(a) When, upon the initiative of the Administration, there is express agreement of the person, Company or Entity that supplies the corresponding products or services.

(b) Where such results have served as a basis for Article 15 (2) and (3).

(c) Where they reflect defects or excesses that exceed the statutory rates or margins of tolerance established and their verification has been facilitated as a guarantee for the data subjects or those concerned have renounced it.

(d) When they reflect data on composition, quality, presentation, etc., within the regulated rates or margins of tolerance.

e) In the case of scheduled campaigns or performances of quality control, the conditions of amplitude, extension, accuracy, verification and objectivity shall be recorded.

2. In the cases referred to in points (a), (c) and (d) of the previous paragraph, the administration of the office of information to the consumer shall hear, before authorising the publication of the results of the studies, tests, analyses or controls of quality, and within ten days, to the manufacturers or producers involved.

Article seventeenth.

The social media of public ownership will dedicate spaces and programs, not advertising, to the information and education of consumers or users. In such spaces and programmes, in accordance with its content and purpose, the access or participation of consumer and user associations and other interested groups or sectors shall be facilitated in the manner that is determined by the public authorities responsible for the matter.

CHAPTER V

Right to Education and Training in Consumer Matters

Article eighteenth.

1. The education and training of consumers and users will have the following objectives:

a) Promote greater freedom and rationality in the consumption of goods and the use of services.

b) Facilitate the understanding and use of the information to be reflected in Chapter IV.

c) Spread knowledge of the rights and duties of the consumer or user and the most appropriate ways to exercise them.

d) Encourage the prevention of risks that may arise from the consumption of products or the use of services.

e) Adating consumption patterns to a rational utilization of natural resources.

f) Start and empower educators in this field

2. In order to achieve the objectives set out in the previous issue, the education system will incorporate the content of the training of pupils in the field of consumption.

3. Article 19.

Continuing training of the staff of the public and private bodies, corporations and entities, related to the implementation of this law, will be encouraged, especially those who develop management, inspection, quality control and information.

CHAPTER VI

Right of representation, consultation and participation

article Twenty-one.

1. The Associations of consumers and users shall be constituted in accordance with the Law of Associations and shall be intended to protect the interests, including information and education of consumers and users, either in general terms, in relation to certain goods or services may be declared to be of public use, be integrated into groupings and federations of identical purposes, receive aid and grants, represent their partners and exercise the corresponding actions in defence of the same, of the association or of the general interests of the consumers and users, and will enjoy the benefit of free justice in the cases referred to in Article 2. 2. Their organisation and functioning shall be democratic.

2. Consumer and user associations shall also be considered to be the entities set up by consumers under the cooperative legislation, the purpose of which is to include education and training of their partners and to be obliged to to set up a fund for this purpose, according to its specific legislation.

3. In order to be able to benefit from any benefit granted to them by this Law and regulations and concordant provisions, they must be entered in a book register, which will be carried out in the Ministry of Health and Consumer Affairs, and together with the conditions and requirements that are regulated for each type of benefit.

The regulatory determination of the conditions and requirements will take into account, among others, criteria for territorial implementation, number of associates and programs of activities to be developed.

Article twenty first.

You will not be able to enjoy the benefits recognized in this Law by the Associations in which one of the following circumstances is present:

a) Include as associates of legal persons with a profit motive.

b) To receive grants or grants from companies or groups of companies that supply goods, products or services to consumers or users.

c) Conduct commercial or not merely informative advertising of goods, products or services.

d) To engage in activities other than the defence of the interests of consumers or users, except as provided for in the second paragraph of the previous article.

e) Act with manifest foolhardy, judicially appreciated.

Article twenty-second.

1. The consumer and user associations shall be heard, in consultation, in the procedure for drawing up general provisions relating to matters directly affecting consumers or users.

2. Your hearing will be required in the following cases:

(a) Regulations implementing this Law.

b) Regulations on products or services for use and consumption.

(c) Market and internal market planning.

d) Prices and rates of services, as soon as they directly affect consumers or users, and are legally subject to control of public administrations.

(e) General conditions for contracts of undertakings providing public services under a monopoly.

f) In cases where a Law so establishes.

3. The business associations shall be heard in consultation in the procedure for drawing up the general provisions relating to matters directly affecting them.

Your hearing will be required in the cases contained in paragraphs (a), (b), (c) and (f) of the previous paragraph.

4. Such a mandatory hearing procedure shall be deemed to be fulfilled where the associations concerned are represented in the collegiate bodies involved in the preparation of the provision. In other cases, the notification or communication shall be addressed to the relevant federation or business group and to the Council referred to in the following number.

5. As a representation and consultation body at national level, the Government shall determine the composition and functions of a Council, composed of representatives of the Associations referred to in Article 20.

6. The Administration shall encourage collaboration between consumer organisations and employers ' organisations.

CHAPTER VII

Inferiority, subordination, or defenceless situations

Article twenty-third.

The public authorities and, in particular, the bodies and departments of the public administrations responsible for consumption, shall adopt or promote appropriate measures to supplement or balance the situations of inferiority, (a) subordination or indefencelessness to which the consumer or user may be found, individually or collectively. The following shall be promoted without prejudice to the following:

(a) Organisation and operation of the information offices and services referred to in Article 14.

b) General or selective consumption guidance campaigns targeting the most affected geographical areas or social groups.

c) Campaigns or scheduled performances of quality control, with the express mention of the persons, companies or entities that have been incorporated prior and voluntarily.

d) Comparative analysis of the terms, conditions, guarantees, spare parts and maintenance or repair services of durable consumer goods or services, all in accordance with the relevant regulation on practice of such an analysis to ensure the rights of the parties concerned.

e) Analysis of complaints or complaints and, in general, of all actions of persons or entities, public or private, involving:

1. Unnecessary or abusive obligations to fill in printed form, to verify calculations and to provide data for the exclusive benefit of the corresponding Entity.

2. Paperwork or mediations without utility to the consumer or user or disproportionate costs.

3. Waits, excessive stays or harmful circumstances for the dignity of people.

4. Unfair limitations on controls, guarantees, spare parts or repairs.

5. Reasonable doubts about the quality or suitability of the product or service.

6. Other similar assumptions.

The results of these studies or analyses may be made public, as set out in Chapter IV.

f) Granting prizes, mentions or rewards to persons, companies or entities that distinguish themselves in respect, defense and consumer assistance, facilitate quality controls and avoid obligations, formalities and costs unnecessary.

Article twenty-four.

In the most serious cases of ignorance, negligence or fraud that determine indiscriminate aggression against consumers or users, the Government may be an exceptional body with the participation of representatives of the The Autonomous Communities concerned shall assume, on a temporary basis, the administrative powers entrusted to it to ensure the health and safety of persons, their economic, social and human interests, the repair of damage suffered. The requirement for responsibility and the publication of the results.

CHAPTER VIII

Warranties and Responsibilities

Article twenty-fifth.

The consumer and the user have the right to be compensated for the damages and damages demonstrated that the consumption of goods or the use of products or services irroguen them unless the damages are caused for their sole fault or for the fault of the persons whom they must respond civilly.

Article twenty-sixth.

The actions or omissions of those who produce, import, supply or facilitate products or services to consumers or users, determining damages or damages to them, will give rise to the responsibility of those, less than the record or evidence that the requirements and regulations laid down in law and other care and measures required by the nature of the product, service or activity have been duly complied with.

Article twenty-seventh.

1. As a general rule, and without prejudice to what is more favourable to the consumer or user, under other conventional arrangements or agreements, the following criteria shall apply in respect of liability:

(a) The manufacturer, importer, seller or supplier of products or services to consumers or users, responds to the identity and suitability of the same, in accordance with its nature and purpose and with the rules that regulate.

(b) In the case of bulk products, the holder of the bulk products is responsible, without prejudice to the identification and testing of the liability of the previous holder or supplier.

(c) In the case of products packaged, labelled and closed with complete closure, the firm or social reason listed on its label, presentation or advertising is answered. You may be exempted from that responsibility by proving your falsification or incorrect manipulation by third parties, which will be responsible.

2. If the production of damages is attended by several people, they will respond in solidarity to the injured. The one who will pay the injured party will have the right to repeat the other responsible, according to his participation in the causation of the damages.

Article twenty-eighth.

1. By way of derogation from the foregoing Articles, it shall be liable for damages arising in the correct use and consumption of goods and services, where by their very nature or otherwise regulated, necessarily include the guarantee of certain levels of purity, effectiveness or safety, under objective conditions of determination and involve technical, professional or systematic quality controls, until such time as the consumer or user has been subject to appropriate conditions.

2. In any event, food, hygiene and cleaning products, cosmetics, specialty and pharmaceutical products, health services, gas and electricity, household appliances and household appliances are considered to be subject to this liability regime. lifts, means of transport, motor vehicles and toys and products aimed at children.

3. Without prejudice to other legal provisions, the liabilities arising from this Article shall be limited to the amount of 500 million pesetas. This amount shall be reviewed and regularly updated by the Government, taking into account the variation in consumer price indices.

Article twenty-ninth.

1. The consumer or user is entitled to compensation, on the amount of the compensation, for contractual and non-contractual damages during the time from the judicial declaration of liability until their effective payment.

2. Such compensation shall be determined as laid down in the Civil Procedure Act.

Article 30.

The government, after hearing from the sectors concerned and the consumer and user associations, will adopt the necessary measures or initiatives to establish an obligatory insurance system and guarantee fund to cover, for certain sectors, the risks of poisoning, injury or death resulting from the poor condition of the products, services or activities referred to in Article 28.

Article thirty first.

1. After hearing from the sectors concerned and the consumer and user associations, the Government shall establish an arbitration system which, without special formalities, shall be binding and enforceable for both parties. complaints or complaints from consumers or users, provided that there is no intoxication, injury or death, and no rational evidence of crime exists, all without prejudice to administrative and judicial protection in accordance with the provisions laid down in Article 24 of the Constitution.

2. The submission of the parties to the arbitration system shall be voluntary and shall be expressly stated in writing.

3. The arbitration bodies shall be composed of representatives of the integrated sectors, consumer and user organisations and public administrations within the scope of their powers.

CHAPTER IX

Violations and penalties

Article thirty-second.

1. Infringements in the field of consumption shall be subject to the appropriate administrative penalties, subject to the instruction of the appropriate file, without prejudice to any civil, criminal or other order which may be held.

2. The criminal proceedings before the Courts of Justice shall suspend the processing of the administrative file of penalties which has been initiated by the same facts and, where appropriate, the effectiveness of the administrative acts of taxation of sanction. The administrative measures which would have been taken to safeguard the health and safety of persons shall be maintained as long as the judicial authority decides on them.

Article thirty-third.

In no case will there be a double penalty for the same facts and according to the same protected public interests, even if the other responsibilities that are deducted from other facts or infractions must be demanded concurrent.

Article thirty-four.

Consumer and user defense violations are considered:

1. Failure to comply with the requirements, conditions, obligations or prohibitions of a health nature.

2. Actions or omissions that result in risks or effective damage to the health of consumers or users, whether in a conscious or deliberate manner, as a result of due diligence and precautions in the activity, service or installation of in question.

3 The failure to comply with or breach of the prior requirements that the health authorities have in particular for specific situations, in order to avoid contamination or other harmful circumstances that may arise. be seriously harmful to public health.

4. Alteration, adulteration or fraud in goods and services liable to be used for the addition or removal of any substance or element; alteration of its composition or quality, failure to comply with the conditions corresponding to its nature or the guarantee, arrangement or repair of durable goods and in general any situation which leads to deception or confusion or which prevents the true nature of the product or service from being recognised.

5. Failure to comply with the regulatory price rules, the unjustified imposition of conditions on unsolicited benefits or minimum amounts or any other type of intervention or unlawful action involving an increase in prices or trade margins.

6. Failure to comply with the rules relating to registration, standardisation or typification, labelling, packaging and advertising of goods and services.

7. Failure to comply with safety provisions as soon as they affect or may pose a risk to the user or consumer.

8. The obstruction or refusal to provide data or to facilitate the functions of information, surveillance or inspection.

9. In general, failure to comply with the requirements, obligations or prohibitions laid down in this Law and provisions that develop it.

Article thirty-fifth.

The infringements will be classified as minor, serious and very serious, taking into account the health risk criteria, the market position of the infringer, the amount of benefit obtained, the degree of intentionality, the severity of the social change, generalisation of the infringement and re-offending.

Article thirty-sixth.

1. Consumer and user rights violations will be sanctioned with fines according to the following graduation:

-Mild infractions, up to 500,000 pesetas.

-Serious infractions, up to 2,500,000 pesetas, being able to exceed that amount until reaching the fivefold of the value of the products or services that are the object of the infringement.

-Very serious infractions, up to 100,000,000 pesetas, being able to exceed that amount until reaching the fivefold of the value of the products or services that are the object of the infringement.

2. In the case of very serious infringements, the Council of Ministers may agree to the temporary closure of the establishment, installation or service for a maximum period of five years. In such a case, it will be applicable to the provisions of Article 57.4 of Law 8/1980 of 10 March, which approves the Workers ' Statute.

3. The amounts mentioned above should be reviewed and updated regularly by the government, taking into account the variation in the consumer price indices.

Article thirty-seventh.

The closing or closing of establishments will not be of a sanction. facilities or services which do not have the necessary authorisations or health records, or the suspension of their operation until the defects are rectified or the requirements for health, hygiene or health reasons are met. security, nor the withdrawal of the precautionary or definitive market for products or services for the same reasons.

Article 388th.

The authority to which the file is to be resolved may agree, as an ancillary sanction, to forfeit the adulterated, damaged, falsified, fraudulent, unidentified, or potentially hazardous consumer goods.

The costs of transportation, destruction, etc., of the goods mentioned in the preceding paragraph, shall be on behalf of the infringer.

CHAPTER X

Competencies

Article thirty-ninth.

It will be up to the State Administration to promote and develop the protection and protection of consumers and users, especially in the following aspects:

1. Prepare and approve the General Regulations of this Law, the Technical-Sanitary Regulations, the Regulations on Labelling, Presentation and Advertising. The management of additives and the other provisions of general application throughout the Spanish territory. Likewise, the approval or proposal, where appropriate, of the provisions governing the products referred to in Article 5., 1.

The General Law of the Law will determine, in any case, the products or services referred to in Articles 2, 2 and 5, 1 of this Law, the cases, deadlines and forms of advertising of the sanctions, the sanctioning regime, the (a) the participation of two or more public administrations and the cooperation and coordination between them.

The provisions of this number are without prejudice to the normative powers that correspond to the Autonomous Communities in accordance with their respective Statutes.

2. Support and, where appropriate, subsidise consumer and user associations.

3. Support the action of local authorities and corporations and the Autonomous Communities, in particular in the cases referred to in Article 41 (3) and (5).

4. Promote the performance of other public administrations and. in case of need or urgency, take all appropriate measures to protect and defend the rights of consumers or users, in particular with regard to their health and safety.

5. Exercise the sanctioning power with the scope to end in its regulatory norms.

6. In general, it is necessary to adopt in the field of its competence how many measures are necessary in order to comply with this law.

Article 40th.

It will be up to the Autonomous Communities to promote and develop the protection and protection of consumers or users, in accordance with the provisions of their respective Statutes and, where appropriate, in the corresponding Organic Laws. complementary to the transfer of competences.

Article 41st.

It will be up to the local authorities and corporations to promote and develop the protection and protection of consumers and users in the field of their competences and in accordance with state legislation and, where appropriate, Autonomous Communities, and especially in the following aspects:

1. The information and education of consumers and users, establishing the offices and corresponding services, according to the needs of each locality.

2. Inspection of the products and services referred to in Article 2 (2), in order to verify their origin and identity, compliance with the rules in force on the labelling, presentation and advertising and other requirements or signs These are external factors that refer to their hygiene, health and safety conditions.

3. The direct realization of the technical or technical inspection and the corresponding controls and analyses, in so far as they have the means to carry out them, or promoting, collaborating or facilitating their realization by other Entities and Bodies.

4. Support and encourage consumer and user associations.

5. Adopt urgent measures and require precise collaborations in the event of crises or emergencies affecting the health or safety of consumers or users.

6. Exercise the sanctioning power with the scope to be determined in its regulatory standards.

FINAL PROVISIONS

First. Within six months of the entry into force of this Law, the Ministry of Health and Consumer Affairs will promote, in collaboration with the Autonomous Communities, a plan for the processing of the General Register. Food Health and other health records and data of general interest for the defence of the consumer or user.

Second.-For the purposes of Chapter IX, Royal Decree 1945/1983 of 22 June 1983 shall apply, without prejudice to any subsequent amendments or adaptations by the Government.

Third.-Within the year following the entry into force of this Law, the Government will adapt the organizational structure and the competencies of the National Consumer Institute and the other organs of the State Administration with competence in the field, the content of the matter.

Fourth.-The Government shall, within one year of the entry into force of this Law, approve the Regulation or Regulations necessary for its implementation and development.

REPEAL PROVISION

All provisions that oppose the provisions of this Law are repealed.

Therefore.

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid, 19 July 1984. -JUAN CARLOS R.-The President of the Government, Felipe González Márquez.