Carrying out operations with precious metals and gemstones in Romania by economic operators within the European Union.
Operations involving precious metals and gemstones entail commercial acts or activities related to these two categories of goods, which include their production, processing, or sale to individuals or legal entities.
These operations are regulated by Government Emergency Ordinance no. 190/2000, under which the category of precious metals includes gold, silver, platinum, and palladium, while the category of precious gemstones comprises natural diamonds, rubies, sapphires, emeralds, and natural or cultured pearls.
In principle, in Europe, operations with precious metals and gemstones are carried out by economic operators seeking to develop their businesses and target individuals or legal entities within the European Union.
It should be noted that operations with precious metals and gemstones can only be conducted by authorized national economic operators, based on an authorization issued by the National Authority for Consumer Protection, valid indefinitely but subject to annual endorsement.
For economic operators from European Union member states, the European Economic Area, and Turkey, obtaining authorization from ANPC is not necessary if they are registered with the competent authority in their country of residence.
Instead, they are required to notify ANPC before commencing operations with precious metals and gemstones in Romania. ANPC is obliged to respond in writing within a maximum of 30 days from the date of registration of the notification.
Therefore, foreign economic operators registered with the competent authority in their country of residence must notify ANPC, and the actual operations can start from the date of notification upon receiving the confirmation of receipt from ANPC.
If there is no competent authority in the country of residence of the economic operator, they will request authorization from ANPC to carry out operations with precious metals and gemstones, along with obtaining the “marca de responsabilitate,” which is a registered mark at ANPC applied to precious metal objects by economic operators placing the respective product on the market. Through this mark, they assume responsibility for any hidden defects of the precious metal.
Failure to notify ANPC about the carrying out of operations with precious metals and gemstones by a foreign economic operator constitutes a contravention and is punishable by a fine ranging from 5,000 lei to 10,000 lei, as well as the confiscation of the goods subject to the contravention.
To ensure compliance with legal provisions, it is necessary for the economic operator to be assisted by a specialist. Our company has the required experience in handling all the necessary steps in front of the National Authority for Consumer Protection.
Daniel Pavelescu – Attorney at law