Message 001
Communication from the Commission - TRIS/(2023) 2211
Directive (EU) 2015/1535
Notification: 2023/0460/RO
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20232211.EN
1. MSG 001 IND 2023 0460 RO EN 21-07-2023 RO NOTIF
2. Romania
3A. Ministerul Economiei,Antreprenoriatului șsi Turismului
Adresa: Calea Victoriei nr.152, Bucuresști, Sector 1
Email: reglementari_tehnice@economie.gov.ro
Tel: +40372492634
3B. Autoritatea Natțională pentru Protectția Consumatorilor
Bd.Aviatorilor, Bucuresti, sector 1
emal: secretariat.anpc@anpc.ro
4. 2023/0460/RO - SERV20 - Electronic commerce
5. Order on consumer information by economic operators operating online
6. Information about economic operator
7.
8. As a result of the control actions, certain practices of economic operators operating in the online environment were found, by not displaying on the website the operating documents on the activity carried out by them.
Economic operators operating online, through the provision of services or the sale of products exclusively through platforms with access to the internet, are obliged to display the data on the operating documents, so as to ensure a correct, complete and accurate information to consumers that they are operating lawfully.
By assessing the results of the checks carried out on the occasion of the specific actions, it was found that, in the case of economic operators operating online, there are no displays of permits, authorisations, certificates, licences for the activities provided, which are also essential elements in the decision-making by consumers in the purchase of safe products and services, for which they are certain that are marketed by authorised persons in carrying out marketing activities.
Thus, the proposal is that, the name of the unit, the unique registration code at the commercial register, showing the object(s) of activity of the company for which it is authorised to operate, exact data of the authorisations/visa/certificates/licences shall be displayed on the website for the presentation of the goods/services, all in the same field of vision of the consumer, on the first page of the presentation, so that the information is easily identifiable and verified, without having to search it.
In view of the situation observed, it is evident that there are practices on the market which seek to induce the consumer to make a purchasing decision by giving him the prospect of incorrect/incomplete data on how economic operators operate. Therefore, before taking a transaction decision, the consumer must be able to easily find all the preliminary information he needs.
When presenting the information, economic operators operating online must use uniform benchmarks to ensure access to unhindered information for all consumers, regardless of their average or advanced ability to use electronic means.
It is also necessary to regulate the obligation for economic operators to display, in the presentation information, the data of the approval/authorisation documents in relation to the performance of the online commerce activity, by visibly displaying the date on which the authorisation/opinion was obtained and their validity period.
The above mentioned display obligations correspond to similar obligations that economic operators carrying out their commercial activity in the physical environment must fulfil with regard to correct, complete and precise information to consumers.
The new regulation is justified by the fact that currently the field of remote e-commerce is booming, with consumers’ interest in this type of trade being further accentuated by the emergence and development of new technologies and business models that respond to changing consumer patterns in many sectors of life. The activity and promotion of such technologies of interest to the community and consumers should also be protected and encouraged by the competent authorities in market surveillance and the activity of online traders.
Updating the information obligation of online traders, in order to protect the interests of consumers and to facilitate the supervision and control activity carried out by A.N.P.C. (National Authority for Consumer Protection), was the subject of discussions between the representatives of traders, platforms providing online intermediation services and the Authority.
In this context, considering the supervision and control duties of A.N.P.C., as well as the duties to ensure the correct information of consumers, it was considered necessary to implement a regulatory framework which, on the one hand, would clarify and supplement the obligation to inform traders online and, on the other hand, to establish the obligation of online intermediation platforms to provide traders with the necessary infrastructure to fulfil their information obligations.
Specifically, traders operating online should inform consumers regarding their identity, contact details or authorisations on the basis of which they operate (for each place of work or premises in which they operate, as applicable), such information being essential for consumers when deciding to trade with the trader concerned.
In addition, traders selling products or providing services online should be required to possess all operating documents for the activity carried out, according to the regulations in force.
On the other hand, providers of online platforms that allow consumers to conclude distance contracts with traders should design and organise their online interface in such a way as to enable traders to comply with their above information obligations. These obligations lie with online platforms providing online intermediation services, because they facilitate interactions between traders and consumers.
The completeness and conformity of the information provided, i.e. the authorisations or operating documents required to traders according to the regulations in force for each type of activity carried out shall be verifiable by traders, the competent authorities supervising the industry concerned and by consumers.
Considering the supervision and control duties of A.N.P.C., as well as the duties to ensure the correct information of consumers, we consider that this regulatory act is necessary in order to protect consumers and to enable them to make informed purchases.
9. By assessing the results of the checks carried out on the occasion of the specific actions, it was found that, in the case of economic operators operating online, there are no displays of permits, authorisations, certificates, licences for the activities provided, which are also essential elements in the decision-making by consumers in the purchase of safe products and services, for which they are certain that are marketed by authorised persons in carrying out marketing activities.
Thus, the proposal is that, the name of the unit, the unique registration code at the commercial register, showing the object(s) of activity of the company for which it is authorised to operate, exact data of the authorisations/visa/certificates/licences shall be displayed on the website for the presentation of the goods/services, all in the same field of vision of the consumer, on the first page of the presentation, so that the information is easily identifiable and verified, without having to search it.
In view of the situation observed, it is evident that there are practices on the market which seek to induce the consumer to make a purchasing decision by giving him the prospect of incorrect/incomplete data on how economic operators operate. Therefore, before taking a transaction decision, the consumer must be able to easily find all the preliminary information he needs.
When presenting the information, economic operators operating online must use uniform benchmarks to ensure access to unhindered information for all consumers, regardless of their average or advanced ability to use electronic means.
It is also necessary to regulate the obligation for economic operators to display, in the presentation information, the data of the approval/authorisation documents in relation to the performance of the online commerce activity, by visibly displaying the date on which the authorisation/opinion was obtained and their validity period.
The above mentioned display obligations correspond to similar obligations that economic operators carrying out their commercial activity in the physical environment must fulfil with regard to correct, complete and precise information to consumers.
The new regulation is justified by the fact that currently the field of remote e-commerce is booming, with consumers’ interest in this type of trade being further accentuated by the emergence and development of new technologies and business models that respond to changing consumer patterns in many sectors of life. The activity and promotion of such technologies of interest to the community and consumers should also be protected and encouraged by the competent authorities in market surveillance and the activity of online traders.
Updating the information obligation of online traders, in order to protect the interests of consumers and to facilitate the supervision and control activity carried out by A.N.P.C. (National Authority for Consumer Protection), was the subject of discussions between the representatives of traders, platforms providing online intermediation services and the Authority.
In this context, considering the supervision and control duties of A.N.P.C., as well as the duties to ensure the correct information of consumers, it was considered necessary to implement a regulatory framework which, on the one hand, would clarify and supplement the obligation to inform traders online and, on the other hand, to establish the obligation of online intermediation platforms to provide traders with the necessary infrastructure to fulfil their information obligations.
Specifically, traders operating online should inform consumers regarding their identity, contact details or authorisations on the basis of which they operate (for each place of work or premises in which they operate, as applicable), such information being essential for consumers when deciding to trade with the trader concerned.
In addition, traders selling products or providing services online should be required to possess all operating documents for the activity carried out, according to the regulations in force.
On the other hand, providers of online platforms that allow consumers to conclude distance contracts with traders should design and organise their online interface in such a way as to enable traders to comply with their above information obligations. These obligations lie with online platforms providing online intermediation services, because they facilitate interactions between traders and consumers.
The completeness and conformity of the information provided, i.e. the authorisations or operating documents required to traders according to the regulations in force for each type of activity carried out shall be verifiable by traders, the competent authorities supervising the industry concerned and by consumers.
Considering the supervision and control duties of A.N.P.C., as well as the duties to ensure the correct information of consumers, we consider that this regulatory act is necessary in order to protect consumers and to enable them to make informed purchases.
10. Reference(s) to basic text(s): No basic text available
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
