ANPC
ORDER no. 449 of May 31, 2022regarding some consumer information measures regarding alternative dispute resolution
Published in the OFFICIAL MONITOR no. 725 of July 19, 2022
Given the:- art. 7, 19, 20 and art. 25 para. (3) from Government Ordinance no. 38/2015 on the alternative resolution of disputes between consumers and traders, as amended;- art. 1 paragraph (1) and art. 66 lit. e) from Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and additions;- art. 5 para. (5) from Government Decision no. 700/2012 on the organization and operation of the National Authority for Consumer Protection, with subsequent amendments and additions;– Report no. 5,286 of 31.05.2022 drawn up by the Alternative Dispute Resolution Directorate,the president of the National Authority for Consumer Protection issues this order.Article 1(1) In order to ensure easy access for consumers to the alternative dispute resolution entity within the National Authority for Consumer Protection and to the alternative dispute resolution procedures - SAL procedures, with a view to the alternative resolution of their complaints, traders are obliged to display the plate informative provided in annex no. 1 which is an integral part of this order.(2) The plaque provided for in para. (1) will be carried out by the merchant, according to the model presented in annex no. 1 , and is displayed in the consumer's field of vision, in a visible place, near the cash register or near the opening hours, in the commercial space or, as the case may be, for the provision of the service, including tourist services, for the sale of service packages tourist or plane tickets.Article 2(1) Traders who manage websites for sales, taking online orders and/or advertising products and/or services, tourist services, selling tourist packages or plane tickets, including e-commerce - electronic commerce, are obliged to display on the first page of the site - home page the icons provided in annex no. 2 which is an integral part of this order.(on 03-18-2023, Paragraph (1) of Article 2 was amended by Point 1, Article I of ORDER no. 32 of January 11, 2023, published in the OFFICIAL GAZETTE no. 133 of February 16, 2023 )(2) The icons provided for in para. (1) they will have the size of 250 (L) x 50 (H) pixels and they will have an associated link with an external reference to the SAL section of the official page of the National Authority for Consumer Protection - https://anpc.ro/ce -este-sal/, respectively to the SOL Platform of the European Commission - ec.europa.eu/consumers/odr.(3) The plaque provided for in art. 1 and the icons provided for in par. (1) and (2) will be downloaded free of charge from the official website of the National Authority for Consumer Protection, by accessing the link: https://anpc.ro/ce-este-sal/.Article 3Traders who operate in the sectors/fields for which specific SAL entities are established are exempt from the provisions of this order, according to the provisions of Government Ordinance no. 38/2015 on the alternative resolution of disputes between consumers and traders, as amended.Article 4The authorized representatives of the National Authority for Consumer Protection will ensure compliance with the provisions of this order within 45 days of its publication in the Official Gazette of Romania, Part I.Article 5This order enters into force within 30 days from the date of publication in the Official Gazette of Romania, Part I.
The President of the National Authority for Consumer Protection,
Horia-Miron ConstantinescuBucharest, May 31, 2022.No. 449.Appendix no. 1*)*) The plate model is reproduced in facsimile.
The minimum size of the plate to be displayed according to art. 1 paragraph (2): 16cm x 16cm.The model can be downloaded in electronic format from the official website of the National Authority for Consumer Protection.The plate is free.(on 03-18-2023, Annex no. 1 was amended by Point 2, Article I of ORDER no. 32 of January 11, 2023, published in the OFFICIAL GAZETTE no. 133 of February 16, 2023 )Appendix no. 2*)
*) Appendix no. 2 is reproduced in facsimile.
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Given the:- art. 7, 19, 20 and art. 25 para. (3) from Government Ordinance no. 38/2015 on the alternative resolution of disputes between consumers and traders, as amended;- art. 1 paragraph (1) and art. 66 lit. e) from Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and additions;- art. 5 para. (5) from Government Decision no. 700/2012 on the organization and operation of the National Authority for Consumer Protection, with subsequent amendments and additions;– Report no. 5,286 of 31.05.2022 drawn up by the Alternative Dispute Resolution Directorate,the president of the National Authority for Consumer Protection issues this order.Article 1(1) In order to ensure easy access for consumers to the alternative dispute resolution entity within the National Authority for Consumer Protection and to the alternative dispute resolution procedures - SAL procedures, with a view to the alternative resolution of their complaints, traders are obliged to display the plate informative provided in annex no. 1 which is an integral part of this order.(2) The plaque provided for in para. (1) will be carried out by the merchant, according to the model presented in annex no. 1 , and is displayed in the consumer's field of vision, in a visible place, near the cash register or near the opening hours, in the commercial space or, as the case may be, for the provision of the service, including tourist services, for the sale of service packages tourist or plane tickets.Article 2(1) Traders who manage websites for sales, taking online orders and/or advertising products and/or services, tourist services, selling tourist packages or plane tickets, including e-commerce - electronic commerce, are obliged to display on the first page of the site - home page the icons provided in annex no. 2 which is an integral part of this order.(on 03-18-2023, Paragraph (1) of Article 2 was amended by Point 1, Article I of ORDER no. 32 of January 11, 2023, published in the OFFICIAL GAZETTE no. 133 of February 16, 2023 )(2) The icons provided for in para. (1) they will have the size of 250 (L) x 50 (H) pixels and they will have an associated link with an external reference to the SAL section of the official page of the National Authority for Consumer Protection - https://anpc.ro/ce -este-sal/, respectively to the SOL Platform of the European Commission - ec.europa.eu/consumers/odr.(3) The plaque provided for in art. 1 and the icons provided for in par. (1) and (2) will be downloaded free of charge from the official website of the National Authority for Consumer Protection, by accessing the link: https://anpc.ro/ce-este-sal/.Article 3Traders who operate in the sectors/fields for which specific SAL entities are established are exempt from the provisions of this order, according to the provisions of Government Ordinance no. 38/2015 on the alternative resolution of disputes between consumers and traders, as amended.Article 4The authorized representatives of the National Authority for Consumer Protection will ensure compliance with the provisions of this order within 45 days of its publication in the Official Gazette of Romania, Part I.Article 5This order enters into force within 30 days from the date of publication in the Official Gazette of Romania, Part I.
The President of the National Authority for Consumer Protection,
Horia-Miron ConstantinescuBucharest, May 31, 2022.No. 449.Appendix no. 1*)*) The plate model is reproduced in facsimile.
The minimum size of the plate to be displayed according to art. 1 paragraph (2): 16cm x 16cm.The model can be downloaded in electronic format from the official website of the National Authority for Consumer Protection.The plate is free.(on 03-18-2023, Annex no. 1 was amended by Point 2, Article I of ORDER no. 32 of January 11, 2023, published in the OFFICIAL GAZETTE no. 133 of February 16, 2023 )Appendix no. 2*)*) Appendix no. 2 is reproduced in facsimile.