Commission Report 2002 (Romania)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 23: Consumers and health protection

Progress since the last Regular Report

In the field of consumer protection, further progress has been made since the last Regular Report.

On safety related measures, the framework law on consumer protection was modified in January 2002 by incorporating existing provisions on general product safety and liability of producers into the law. The legislation on dangerous imitations was modified and brought into line with the acquis.

As regards non-safety related legislation, no developments can be recorded.

As regards market surveillance, the authority of the consumer protection inspectors was extended to allow temporary and permanent closing down of commercial units. This complements the existing rights to impose sanctions, i.e. fines, definitive or temporary prohibition of marketing, or withdrawal from the market of products. The National Authority for Consumer Protection continued to provide information and advice to consumers. As a new service, a free-phone line for consumer complaints and a payable phone line for consumer information were opened. During the period between September 2001 and August 2002, 22 450 consumer complaints were received by the authority including 390 complaints submitted by consumers` associations. The National Authority for Consumer Protection functions as the contact point for TRAPEX (Transitional Rapid Exchange of Information System). Under TRAPEX, 47 non-food notifications of dangerous products that could be found on the Romanian market were received between January and June 2002. As regards the development of administrative capacity for the implementation of consumer protection legislation, a decision to increase the staffing of the National Authority for Consumer Protection by the end of this year was suspended. Training seminars on enforcement issues, handling of complaints, inter-institutional co-ordination and the use of laboratory tests were held for inspectors from regional offices.

Progress can be noted in inter-ministerial co-operation. The Inter-Ministerial Committee for Products and Services, Market Surveillance and Consumer Protection resumed its activities and a strategy for its functioning was adopted. Its activities include, inter alia, developing and improving the market surveillance system and legal and institutional arrangements in the area, including clarification of the roles of the bodies involved in market surveillance and ensuring transparency of procedures. Consumer organisations are still not represented as formal members of the committee.

Some progress has been achieved in other areas of consumers` representation. An Unfair Terms Commission and a Product Safety Commission were established in January 2002. The commissions are independent consultative bodies, composed of representatives of the public administration, consumers and other relevant bodies. The commissions provide a channel for NGOs to get involved in the decision-making process.

The number of consumer associations has decreased slightly from last year in Romania. There are now 119 consumer associations organised into 16 federations, one confederation and one inter-regional convention.

Overall assessment

The implementation of the five-year strategy of the National Authority for Consumer Protection has started smoothly and a number of activities have been initiated. Although the increasing trend of consumers` complaints may demonstrate increased consumer awareness and better information about the possibilities of claiming their rights, ensuring that citizens are fully aware of their rights as consumers remains an important task for the National Authority for Consumer Protection and consumers' associations.

Consumers' representation improved through their participation in the two consultative commissions that were established during the reporting period. However, full representation in the Inter-Ministerial Committee for Products and Services, Market Surveillance and Consumer Protection still remains to be achieved.

Despite the staff cuts reported last year, the National Authority for Consumer Protection managed to maintain its control and monitoring activities at the same level, although mainly concentrating on food safety. Strengthening the administrative capacity of the institution remains a priority and additional training should be organised for staff of the National Authority for Consumer Protection as well as for personnel from other relevant institutions such as the police, customs and the magistracy.

co-operation between all actors in the area of consumer protection should also be strengthened and a further clarification of their respective tasks is needed. The 2002-2004

strategy for the Inter-Ministerial Committee for Products and Services, Market Surveillance and Consumer Protection should therefore improve the organisation of market surveillance activities, clarify the roles of competent bodies, and eliminate overlapping activities. Market surveillance activities should also be oriented to a larger extent to check the safety aspects of non-food consumer products and more resources devoted to laboratory testing.

Conclusion

In its 1997 Opinion, the Commission concluded that Romania had taken the approximation process quite far. Although the Government still needed to put through various amendments or new draft laws, the Romanians were close to meeting EC standards on consumer protection. However, the Commission also noted that problems remained with respect to the effective application of the acquis, particularly since the lack of resources made it difficult for Romania to enforce existing legislation.

Since the Opinion, Romania has continued legislative alignment at a steady pace and managed to carry out an extensive legislative agenda during the last four years. Implementation structures are in place although administrative capacity is limited and the degree of co-operation between different actors involved in consumer protection should be improved.

Negotiations on this chapter have been provisionally closed. Romania has not requested any transitional arrangements. Romania is generally meeting the commitments it made in the accession negotiations in this domain.

Romania should focus further efforts on completing transposition of EC legislation in areas such as consumer credit, time-share, injunctions, sales of consumer goods and associated guarantees. Romania should place particular emphasis on the implementation and enforcement of existing legislation which means ensuring that the administrative structures are able to operate effectively. This is particularly important with regard to market surveillance, and increasing consumers` and producers` awareness of the new regulations. The role of consumer associations in developing and implementing consumer policy should be further promoted.

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