By way of additions and amendments to certain articles, the intention is to create a legislative framework which will be applicable to service providers who wish to carry out operations involving precious metals and precious stones in Romania.

Operations involving precious metals and stones are commercial transactions and commercial acts involving precious metals and precious stones, relating to:

- the production of precious metals;

- the processing of precious metals and precious stones;

- the sale of precious metals and precious stones;

- the purchase of precious metals and precious stones;

- the keeping of precious metals and precious stones in storage for trade purposes;

- the bringing of precious metals and precious stones into the country;

- the taking of precious metals and precious stones out of the country;

- intermediation in operations involving precious metals and precious stones;

- the transportation of precious metals and precious stones, except transportation in customs transit;

- the provision of services relating to precious metals and precious stones;

- other commercial transactions and commercial acts relating to precious metals and precious stones.

Government Order amending and supplementing Emergency Order No 190/2000 on rules applicable to precious metals and precious stones in Romania, republished, as subsequently amended and supplemented

The aim of the proposed legislation is to provide a high level of consumer protection and ensure discipline in the precious metals operations sector, given that this is sensitive sector where there are high levels of counterfeiting and tax evasion.

The aims of the draft are:

To create a system of mandatory official marking by state institutions – the competent authority, namely the National Authority for Consumer Protection. It is therefore compulsory for objects made of precious metals to be marked with the following marks:

- fineness mark – applied by the manufacturer;

- responsibility mark – applied by the economic operator placing it on the market;

- state mark – applied by the competent authority.

According to the draft, objects made of precious metals can be marketed in Romania if they bear a fineness mark, a responsibility mark and a mark equivalent to a state mark which has been applied by a competent authority in another Member State of the European Union and the European Economic Area.

To eliminate negative tolerances when determining the fineness of precious metals.

It also creates the framework necessary for the application of the provisions of Regulation (EC) No 764/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC.

To establish an obligation for economic operators to present documents of origin when bringing objects to the competent authority to be marked.

An obligation for economic operators marketing objects made of precious metals and precious stones to inform consumers correctly, fully and precisely of the nature and characteristics of the objects that they market.

An obligation for economic operators to issue consumers with a certificate of quality or a similar document which certifies the nature and characteristics of the marketed objects.

An obligation for economic operators to be authorised by the competent authority to carry out operations involving precious metals and precious stones, in order to ensure a high level of consumer protection.

This obligation is in accordance with the requirements of Article 9 of Directive 2006/123/EC.

Keywords: precious metals, precious stones, consumer protection