INTERNAL REGULATIONS OF
THE NATIONAL ASSOCIATION FOR CONSUMERS’ PROTECTION AND PROMOTION OF PRODUCTS AND SERVICES FROM ROMANIA
(N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program)
CHAPTER I – General rules
Art. 1 THE NATIONAL ASSOCIATION FOR CONSUMERS’ PROTECTION AND PROMOTION OF PRODUCTS AND SERVICES FROM ROMANIA, called N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program is a juridical association, representative, that protects the consumers’ rights and promotes the products and services from Romania.
Art. 2N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program is a nongovernmental, private, non-lucrative, with distinct and indivisible patrimony, independent and based on democratic principles association.
Art. 3N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program has its headquarters in Bucharest, House of Academy, 13 Septembrie Boulevard, No. 13, floor 7
Art. 4 N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program will act for setting an economic and social climate that will provide a real protection of the consumers’ interests and a good promotion of the goods and services in Romania.
CHAPTER II – THE PURPOSE OF THE ASSOCIATION
Art. 5 N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program has as purpose supporting and defending consumers’ fundamental rights and legitimate interests, as well as the development of programs, at national level based on consumers’ protection and promotion of goods and services in Romania.
Art. 6 OBJECTIVES:
a. to protect the consumers against the risk of buying a product or promoting goods or services that could endanger their physical integrity
b.to inform accurately about the essential characteristics of the goods and services promoted in Romania
c.to inform the public opinion by means of local or national mass-media about the flaws of the goods and services, as well as about the negative effect on the consumer and environment; to publish books for this purpose.
d.Access to the quality products market.
e.To certify the hierarchy of values under the effigy of the programs promoted by the Association and to encourage the fair competition
f.To build up trust for the brand concept by associating the symbols belonging to the Programs developed under the Association’s effigy.
g.To analyze and to make decisions in order to solve the complaints the consumers formulate regarding the goods and services provided by the retailers.
h.To announce to the retailers about the measures that will eliminate the causes that brought the consumers’ discontent
i.To initiate the withdrawal from the market of goods and services that can endanger consumers’ health
j.To initiate the withdrawal of the functioning authorization of the juridical person who does not assure the quality level according to the standards declared or prescribed by the legal norms, or who endangers consumers’ health and the environment
k.To provide the consumers with juridical consultative assistance in order to solve the disputed issues by means of lawyer offices or specialized societies agreed upon by the Association in order to solve the damages done by acquiring bad goods or services;
l.Partnership to similar foreign associations
m.To accept proposals and suggestions on behalf of the consumers and optionally to include them within the Association’s programs
Art. 6.1 The fulfillment of these aims is done by means of some programs that are going to combine the common aspects of the social-economic reality that we want to improve.
Art. 7 The programs will bear the name chosen according to the decision of the Director Council and the approval of the specialized departments.
Art. 8 N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program develops the programs and it will cooperate with institutions, organizations and companies.
Art. 9 The programs can be modified and completed for the purpose of this statute, by developing projects-programs according to the decision of the Director Council.
Art. 10 The association may found subsidiaries by respecting the law, subsidiaries that are needed in order to fulfill its purpose
CHAPTER III – THE DURATION OF FUNCTIONING OF THE ASSOCIATION
Art. 11 The duration of functioning of the Association was established by common agreement by the associates and it is determined starting with the date of the registration in the Associations’ and Foundations’ Register.
Art. 12 The associates, according to their own will, will be able to decide upon limiting the duration of the functioning of the association, by respecting the legal provisions.
CHAPTER IV – THE ASSOCIATION’S PATRIMONY, SUBSCRIPTIONS AND OTHER FINANCING SOURCES
Art. 13 – The initial patrimony of the Association is made up of the money brought by the associates.
Art. 14 – The revenues of the Associations are:
a) Joining taxes
b) Members’ subscription
c) Interests and dividends
d) Donations, sponsorship, other legal revenues
e) Different extra-ordinary revenues
f) Revenues from direct economic activities
g) Resources obtained from the state budget and/or local budgets
h) Resources obtained from financing programs
i) Other revenues specified y the law
Art. 15 – According to the approved budget the Association will spend for he next purposes:
a) Developing the programs initiated by the Association
b) Paying the Association’s people
c) Administrative expenses
d) Editing, printing
e) Other necessary expenses
CHAPTER V – THE MEMBERS OF THE N.A.C.P.P.P.S. R. –THEIR RIGHTS AND DUTIES
Art. 16 Any person can be member of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program. The juridical persons are collective members.
Art. 17 The members of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program are:
a) The founding members (the associates)
b) The members of honor
c) The active members
Art. 18 The membership requests will be addressed to The General Secretary of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program and it will be conditioned by the signature of the President of the Directory Council of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program
Art. 19 The associates are the persons who founded the Association.
Art. 20 The active members are physical and juridical Romanian persons, who recognize the statute and the functioning regulations of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program, who have paid the membership tax and whose monthly tax is paid.
Art. 21The affiliated juridical persons who received the quality of member of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program represent distinct entities that remain autonomous in functioning, taking into consideration the statute and the internal regulations.
Art. 22 The quality of member of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program may be obtained also by a person who is the employee/ member/ associate of one of the juridical persons who got the quality of member of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program
Art. 23 The juridical persons will participate in discussions hold by N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program, whose functioning regulations and characteristics allow this (they have a deliberative character), by means of a representative – physical person – on the basis of signed and stamped delegation by the legal representative of the juridical person.
Art. 24 By decision of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program the title of Member of honor may be granted to physical and judicial persons, as well as to their members/ employees/collaborators for the time they hold this quality. The persons who got the quality of vice-president of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program or vice-president of one of the structures of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program, by decision of the Director Council , without applying for this position and without paying the needed tax (the registration tax and the membership tax) bear the quality of members of honor of the Association. They will be part of the Permanent Board of the Association after the Director Council’s decision for this purpose.
CHAPTER VI – THE RIGHTS AND OBLIGATIONS OF THE MEMBERS
Art. 25 Rights:
a) To participate in the activities of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program
b) To make proposals in what concerns initiation of new programs, according to the purpose and statues of N.A.C.P.P.P.S.R. - The National AntiCounterfeiting Program, as well as ways of developing the already existing programs
c) To get facilities regarding the Programs for which a tax is required, taking into consideration the expenses of the Association for their developing
d) To participate in the Representative Assembly of the Members, the active members having a deliberative vote
e) To have access in the Association’s meetings
f) To use the services of the departments of the Association with the purpose of defending their rights
g) To write within the publications of the Association the articles they have written
h) To express their opinion regarding the actions of the Association
i) To be rewarded for special merits
Art. 26 Obligations:
a) To know and to follow the statute ad regulations of the Association\
b) To make a contribution in the actions of the Association
c) To pay in time and fully the tax to the Association
Art. 27 The loss of the quality of member may take place in one of the next situations:
a) At one’s requests
b) In case of not paying the subscription tax
c) Violation of the rules written in the statute and within the regulations of the Association
d) Doing some deeds that bring an economic or image prejudice to the Association
e) In case of losing the quality on which basis one subscribed to the Association
f) By dissolving the Association
CHAPTER VII – THE ATTRIBUTIONS OF THE LEADERSHIP ORGANISMS, ADMINISTRATION AND CONTROL OF THE ASSOCIATION
I. THE GENERAL ASSEMBLY
Art. 28 The General Assembly is the superior organism for leading the Association, made up of all the associates.
Art. 29 The competencies of the General Assembly:
a) Establishing the strategy and the objectives of the Association
b) Approval of the budget of incomes and expenses and of the balance paper
c) Election and dismissal of the members of the Director Council
d) Election and dismissal of the censor
e) Founding of subsidiaries
f) Modifying the constitutive act and the statute
g) Dissolving of the Association as well as establishing the destination of the goods remained after
h) Adopts the strategic orientations and major directions of the Association for the next four years
i) Any other attributions specified by the law
Art. 30 The General Assembly meets at least once a year and it has the right of permanent check over the Director Council and censor.
Art. 31 The General Assembly meets at the Director Council’s proposal
Art. 32 The date, hour and agenda of the General Assembly is going to be communicated in writing to all the associates
Art. 33 The General Assemblies are run by the president, and in case of him/her missing, by prime-vice-president.
Art. 34 The General Assembly is legally constituted in the presence of the active members’ simple majority
Art. 35 The Associate who is concerned with a problem presented to the General Assembly, he/she himself/herself, by means of his/her spouse, ascendants or descendants, collateral relatives or other relatives including the fourth rank will not be able to take part neither in deliberation, nor in vote.
Art. 36 The decisions made by the General Assembly within the law, constitutive act and the statues, are compulsory even for the associates who did not take part in the General Assembly or who voted against
Art. 37 The decisions of the General Assembly that are against the law, the constitutive act and the statute can be put to justice by any of the associates who did not take part in the general Assembly or who voted against, and asked for this to be mentioned in the minutes of the meeting. This thing may be done within 15 days from the date they found out about the decision or from the date when the meeting took place.
II. THE DIRECTOR COUNCIL
Art. 38 The Director Council assures the execution of decisions of the General Assembly.
Art. 39 The Director Council shall:
a) present to the General Assembly the activity report for the previous time, do the income and expenses budget, the balance sheet, the project of the income and expenses budget, and the project of the Association’s programs
b) to sign juridical papers in the name and on behalf of the Association
c) approves the structure and the personnel policy of the Association
d) discusses according to the statute and internal regulation of functioning, the aspects regarding the optimum functioning of the Association
e) studies and brings into discussion the reports concerning the functioning of the Association by the General Secretariat and by other internal structures that bear this competency
f) approves the working hours of the Association
g) approves the organizing and functioning regulation of the different structures of the Association: subsidiaries, offices, commissions, councils, assemblies etc.
h) fulfils any other attributions specified in the Statute or by the General Assembly
Art. 40 The decisions concerning the persons interested in making decisions within the General Assembly apply also to the persons in the Director Council.
Art. 41 The decisions of the Director Council that are against the law, the constitutive act or the statute may be fight against into justice.
Art. 42 The meetings of the Director Council are validated in the presence of half plus one of the total numbers of members of the Director Council.
Art.43 – The Directory Council’s decisions are taken with the simple majority of votes coming from the present persons.
Art.44 – The Directory Council’s meetings are managed by the president of the Council or by his substitute.
III. THE CENSOR/ THE AUDITING COMMISION
Art.45 – The internal financial control of the Association is made by the censor.
Art. 46 – For the best results the censor is obliged to:
a) to verify the way the patrimony of the Association is managed
b) to do reports and to present them to the Directory Council
c) to participate in the Director Council’s meetings without voting
CHAPTER VIII – THE MODIFICATION OF THE STATUTE OF THE ASSOCIATION
Art.47 – The Statute modification of the Association is to be done by the general vote of the Directory Council and by being reported in the foundations’ and associations’ register.
CHAPTER IX –DISSOLVING AND LIQUIDATION OF THE ASSOCIATION
Art.48 – THE NATIONAL ASSOCIATION FOR THE CONSUMERS’ PROTECTION AND PROMOTION OF THE PRODUCTS AND SERVICES FROM ROMANIA will dissolve only by the decision of the Directory Council. The liquidator will be applied the decisions made in Chapter 9, the second Section from G.O. no.26/2000 regarding associations and foundations.
Art.49 The goods remained from the liquidation will be transmitted towards judicial persons of private right with an identical or similar purpose, by respecting of decisions in art. 60 specified in the Government Ordinance no. 26/2000, regarding the associations and foundations.
Art. 50 The goods remained from the liquidation will be transmitted towards the judicial persons specified in art. 49 in a 6 months’ period from finishing the liquidation, otherwise these will be given by the competent instance to a judicial person with an identical or similar purpose.
CHAPTER X – FINAL REGULATIONS
Art. 51 In order to increase the incomes and to assure a good developing of the activity the Association may receive also the quality of associate or shareholder of other trading companies.
Art. 52 The present provisions are completed with the legal decisions in force.
Art. 53 The opinions expressed by the members and associates of the Association do not imply the Association. The Association’s official stand is that expressed in the official communicates and documents.