This ordinance applies to extra judiciary procedures to settle national and cross-border litigation arising from sales contracts or contracts for the provision of services between a trader performing in Romania and a consumer resident in the European Union through the intervention of an entity of alternative dispute resolution which proposes or imposes a solution which acts in Romania.
The disputes which fall under this ordinance and involve traders which have businesses with operations in Romania may be submitted to a SAL entity which fulfills the requirements set out herein.
SAL entities meet the following requirements: administers a website updated that allows the parties to have easy access to information on the SAL procedure and allows consumers to submit a complaint online and the necessary supporting documents; provides, upon request of the parties, on a durable support, the information referred to in letter a); enable the consumer to submit a complaint in writing, on paper or on another durable set, as appropriate; enable the exchange of information between parties electronically or by mail, if applicable; support both national and cross-border litigation, including disputes covered by Regulation (EU) no. 524/2013; ensure that the processing of personal data is in accordance with Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and supplemented, and the Order of the Ombudsman no. 75/2002 on the establishment of specific measures and procedures to ensure a satisfactory level of protection of rights of persons whose personal data are subject to processing.
During SAL procedures: the parties have the right to express their views on the claim in dispute submitted to arbitration to the SAL entity, within 15 calendar days from the date of its communication and to receive from the entity SAL the arguments, evidence, documents and facts presented by the other party, any statements and expert opinions and to comment on them; the parties are informed that they are not obliged to use a lawyer or a legal adviser, but may seek independent consultancy or can be represented or assisted by a third party or representatives of the consumer associations at any stage of the proceedings; the parties are informed of the outcome of the SAL procedure in writing or on a durable support, stating the grounds on which the outcome is based.
In the National Authority for Consumer Protection shall be established a structure responsible for the conduct of SAL procedures. This structure is impartial and operates independent of the surveillance and control activities in market.
Are misdemeanors and are punishable by a fine of RON 2,000 to RON 5,000 the following facts: the failure of the merchants to comply with the provisions of art. 25 on informing consumers about the relevant SAL entities; performing activities of alternative dispute resolution under this ordinance by bodies not included in the list referred to in art. 31 paragraph (5); making for interested persons the impression that they address SAL entities, in case that, in reality, that entity is not included in the list referred to in art. 31 paragraph (5); failure by the contact point SOL of any of the obligations set out in Art. 7 paragraph (2) of Regulation (EU) no. 524/2013; failure by traders to comply with any of the information requirements for consumers stipulated in art. 14 paragraph (1), (2) and (7) of Regulation (EU) no. 524/2013.