On 18 March 2025, the National Authority for Consumer Protection (“ANPC“) published, for public consultation, a draft order regarding the obligation of economic operators to inform consumers about the commercial markup applied to products sold in relation to the purchase price (the “Draft Order“).
The Draft Order aims to enable consumers to easily assess and compare product prices based on uniform and transparent information.
Interested parties may submit suggestions regarding the Draft Order by 28 March 2025, with the public consultation ending on 18 April 2025.
If adopted, the Draft Order will enter into force within 30 days of its publication in the Official Gazette of Romania, Part I.
OVERVIEW
The Draft Order seeks to enhance Romanian consumers’ awareness of their rights when purchasing products. The information provided is intended to help consumers make rational, informed choices.
To ensure correct, complete, and accurate information for consumers[1] regarding the commercial markup applied to products sold in relation to the purchase price, the Draft Order sets out consumer information requirements in the following cases: (i) direct sales, (ii) online sales, (iii) products originating from third countries, (iv) products originating from the single market, as follows:
(i) direct sales
In the case of direct sales, economic operators are required to inform consumers by displaying the commercial markup applied to the product in relation to the purchase price either on the product itself or in the immediate vicinity where the product is displayed. This information must be placed in the same visual field as the price and must use the same font, color, size, and other characteristics as those used to display the product price.
(ii) online sales
In the case of online sales, economic operators are required to inform consumers by displaying the commercial markup applied to the product in relation to the purchase price in the same visual field as the product price, using the same font, color, size, and other characteristics as those used to display the product price.
(iii) products originating from third countries
For products originating from third countries, in situations where the products are transferred to other intermediaries / distributors, for the purpose of transparency, they must communicate the import price.
(iv) products originating from the single market
For products originating from the single market, for the purpose of transparency, intermediaries / distributors must communicate the price of the first distributor.
[1] Pursuant to Article 3, letter b) of Government Ordinance No. 21/1992 on consumer protection, republished.
