Through this law there also have been modified the provisions of Law No. 363/2007 on combating unfair trade practices of merchants in dealing with consumers and harmonizing regulations with the European legislation on consumer protection, meaning that new articles have been introduced that provide the following:
It was introduced art. 131 according to which “measures ordered under the provisions of art. 13 are performed by the head of the National Authority for Consumer Protection or by the heads of legal entities subordinated to the National Authority for Consumer Protection, on the proposal from the official examiner, within 5 days.” The measures ordered under the provisions of art. 13 are: “a) cessation or instauration appropriate legal proceedings for stopping the unfair trading practices; b) prohibiting or establishing of appropriate legal procedures for termination of unfair commercial practices, even if they have not yet been put into practice, but this is imminent; c) submission by the National Audiovisual Council, within 5 working days of receiving the request, the identification data of the individuals or legal entities involved in making audiovisual advertising, considered to be an unfair commercial practice as well as a copy of the advertising material broadcasted.
They were also introduced two new articles 151 and 152, as follows:
“Art. 151 – Along with the sanction of fines, the inspectors may decide as a complementary sanction the refund of the amount of the product or service, as appropriate, within 15 days since the offender received the minutes of the contravention. “
“Art. 152. – Failure to comply with the measure stipulated in art. 151 is fined from 5,000 to 50,000 RON.”
There were also introduced methods of applying the sanctions for using unfair trading practices, as follows: “The penalties stipulated in Art. 15 para. (1) a) and c) are applied as follows:”
a) between 2,000 lei and 10,000 lei for merchants who have up to 9 employees and have an annual net turnover of up to 2 million euro, equivalent in lei;
b) between 3,000 lei and 50,000 lei for merchants that have between 10 and 49 employees and have an annual net turnover of up to EUR 50 million, equivalent in lei;
c) between 5,000 lei to 100,000 lei for merchants with more than 50 employees and have an annual net turnover of more than EUR 50 million, equivalent in lei.
Also, for use of aggressive selling practices, the sanctions stipulated in art. 15 paragraph (1) letter b) shall apply as follows:
a) between 5,000 lei and 15,000 lei for merchants who have up to 9 employees and have an annual net turnover of up to 2 million euro, equivalent in lei;
b) between 6,000 lei and 50,000 lei for merchants that have between 10 and 49 employees and an annual net turnover of up to EUR 50 million, equivalent in lei;
c) between 7,000 lei to 100,000 lei for merchants with more than 50 employees and an annual net turnover of more than EUR 50 million, equivalent in lei.
Individualization of the sanction is made depending on the severity and duration of the offense, should be proportional to the seriousness of the offense committed, taking into account the circumstances in which the act was committed, the manner and means of committing it, the intended purpose , the result produced, as well as other data recorded in the minutes.
The law will enter into force within 3 days from its publication in the Official Gazette respectively 09.04.2016.