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ArticlesJune 18, 20240

About voluntary control by the National Authority for Consumer Protection

  1. What is voluntary control?

Voluntary control is a mechanism provided by the National Authority for Consumer Protection (NACP) to economic operators operating in Romania. Its purpose is to prevent potential irregularities that may arise during an inspection, which could have financial consequences. According to Art. 3 (1) letter w of Government Decision 700/2012, the NACP “provides specialized consultancy in the field of consumer protection for economic operators” through its territorial units, namely the County Consumer Protection Commissions. This initiative has been in effect since November 15, 2022, and is available to all those interested in preventing possible sanctions.

  1. What is the procedure?

It will be necessary to fill out the form provided by the NACP, and the request will be directed to the regional consumer protection commission (RCPC) in whose jurisdiction the company’s registered office is located. The competent authority to which the request is addressed will then communicate: • the date of the visit that the team of commissioners will carry out and • the control sheet that will contain the objectives of the verification action.

Priority in processing requests is given to economic operators in the following fields:

  • trade in food products
  • providing services directly related to consumer health. As a result of this control, the economic operator will not be sanctioned if non-conformities are detected, but a report of findings (RoF) will be drawn up. The RoF is a procedural, serialized, and secured document that records the results of the checks carried out during the control actions. In the case of voluntary control, it will include a set of remedial measures with a reasonable execution time, and their fulfillment will be verified by NACP commissioners. The only exception to the exemption from financial penalties in this procedure occurs if there is an exceptional severity of violations of legal provisions, which could endanger the life, health, or safety of consumers. Data regarding the control, both before and after, will be made public, and the conformity or normalization of the working conditions of the economic operator will be mentioned.

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Denisa Croitoru

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