2018/0193/RO
EC/EFTA
RO Romania
  • X10M - Métaux précieux
2018-08-06
2018-05-14

In accordance with the provisions of Government Emergency Order No 10/2018 amending and supplementing Government Emergency Order No 190/2000 on rules applicable to precious metals and precious stones in Romania, republished, as subsequently amended and supplemented, operations involving precious metals and precious stones may be performed by authorised economic operators solely on the basis of an authorisation issued by the National Consumer Protection Authority for an indefinite period, which is stamped annually by the latter. The purpose of the annual endorsement is to check that the authorisation requirements are still being met.

Economic operators from Member States of the European Union, the European Economic Area and Turkey who are registered with the competent authority are not subject to authorisation by the National Authority for Consumer Protection to perform operations involving precious metals and precious stones (Article 8(7) of Government Emergency Order 10/2018). These operators are required to notify the National Authority for Consumer Protection before beginning operations involving precious metals and precious stones in Romania, including in the case of distance contracts and off-premises contracts. Failure to comply with the provisions of Government Emergency Order No 10/2018 amending and supplementing Government Emergency Order No 190/2000 on rules applicable to precious metals and precious stones in Romania, republished, as subsequently amended and supplemented, will be liable to criminal, civil or administrative proceedings, as appropriate.

Contraventions will be identified and penalties applied in accordance with the provisions of Article 20 and, on the reasoned proposal of the personnel provided for in this article, one of the administrative penalties may be applied, as provided for in Article 22 of the above-mentioned legislation.

Order on the situations in which the suspension and withdrawal of an authorised economic operator's authorisation to perform operations involving precious metals and precious stones may be ordered, as well as the reauthorisation procedure, and situations in which operations involving precious metals and precious stones in Romania carried out by economic operators from Member States of the European Union, the European Economic Area and Turkey may be prohibited

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 a sensitive sector in which there are high levels of counterfeiting and tax evasion.

The draft covers the following:

situations in which the suspension and withdrawal of an authorised economic operator's authorisation to perform operations involving precious metals and precious stones may be ordered, as well as the reauthorisation procedure, and situations in which operations involving precious metals and precious stones in Romania carried out by economic operators from Member States of the European Union, the European Economic Area and Turkey may be prohibited.