Criteria for the mutual recognition of hallmarks by EU Member States short summary

Transcription

1 Regional Assay Office in Warsaw Director Maria Magdalena Ulaczyk IAAO 12 Warsaw, 10th April 2008 Criteria for the mutual recognition of hallmarks by EU Member States short summary 1.Countries: Austria, Cyprus, Denmark, France, Hungary, Italy, Lithuania, Malta, Poland, Slovenia and Spain. 2. Hallmarking laws: 6 countries - compulsory 3 countries - facultative 1 country - declaration of the producers with theoretical possibility of official marking 1 country - declaration of the producer 3. Institutions authorised to issue formal decisions on the recognition of hallmarking standards observed by other EU Member States: 1 country such an institution does not exist 2 countries automatic recognition, introduced by law, without additional conditions 5 countries assay office 3 countries ministry or other state institution 4. Internal procedures preceding the recognition of hallmarking standards observed by other EU Member States (for example: legal obligation to register the maker's mark, internal analysis of hallmarking laws in other EU countries, additional fineness marking, etc.): 2 countries no such procedures 3 countries - internal analysis of hallmarking laws in other EU countries, 4 countries - internal analysis of hallmarking laws in other EU countries, fineness mark, responsibility mark registered at the country of origin, 1 country - internal analysis of hallmarking laws in other EU countries, fineness mark, responsibility mark registered at the country of origin and country of sale, 1 country - internal analysis of hallmarking laws in other EU countries and legal described examining of equivalency of hallmarking. ul.elektoralna 2 tel. (0 22) fax. ( 0 22) Warszawa (0 22) dyrektor.oup.warszawa@gum.gov.pl

2 5. Please state the officially recognised interpretation of the term "independent authority" in your country: Denmark - no defined Slovenia third part certification France private or public laboratory accredited by COFRAC (accreditation body) to standard It is approved by the General Business Directorate and by General Directorate of Customs and Excise for assaying and marking. Austria as stipulated in Art.5 2 of 2001 amended Convention on the control of articles of precious metals for the authorised assay offices. Lithuania the authority, authorized by State to assay and hallmark precious metal articles, not being a part of any entity involved in precious metal business. Malta, Poland similar definition to Lithuanian Hungary exclusively state owned and economically independent. Cyprus Any authority governed by a Board, appointed by the Council of Ministers for the enforcement of any Law or regulations relative with the purpose of the authority. Italy the laboratories which carry out the assay of precious metals are prohibited to carry on, on their own account, directly or indirectly or in someone s service or in co-operation or partnership with a third party, any commercial or manufacturing activity in the precious metals industry. Spain the public service of hallmarking is performed by official laboratories and authorized laboratories. The official laboratories are those which are part of the Spanish public administration while authorized laboratories are laboratories which have been recognized By the Autonomous Regions and are under the control of the Administration. 6. Please state the officially recognised interpretation of the term "equivalence of hallmarking": Austria hallmarks accepted without further testing or additional marking. Cyprus any system which fulfils criteria acceptable by the Cyprus Organization for the hallmarking articles of precious metals. Lithuania testing and marking by independent authority, no minus tolerance, hallmarks understandable to consumers; national hallmark should be placed on the articles bearing registered responsibility mark. Hungary equivalency of legal system (methods of testing, standards); the internal legal rules give a detailed description of all conditions. 2

3 France Articles defined like equivalent must bear a maker s mark or responsibility mark and a fineness mark registered at the state of origin. The fineness mark or hallmark must be applied by an independent body or by a state administration. If this mark is in Arabic numerals the article must additionally bear a mark identifying that body or administration. Denmark not defined Italy not officially defined; this sort of evaluation is referred, case by case, to Italian judicial authorities. Spain, Slovenia equivalent control system Malta Assay office marks or producer s marks are equivalent if the correctly show a numerical indication of the metal standard and identify the responsible person or institution, officially registered at the member state or authorized by the state. The condition of the minimum fineness (0,333 for gold and 0,800 for silver) is also applied. Poland not officially defined; condition of the minimum fineness (0,333 for gold and 0,800 for silver) is applied. 7. Please state the officially recognised interpretation of the term "hallmarking understandable to consumers": Austria Every consumer shall be able to read and interpret foreign hallmarks. But there are a lot of practical problems e.g. with handling the magnifier. On the other hand consumers look at the design and if they can afford it. Mostly they are satisfied with finding a fineness mark. But there are also experts in the field of hallmarking, especially purchaser in the higher price sector of antique articles. Cyprus no answer Lithuania clear and full image of the hallmark with fineness mark in Arabic numerals (in ppt). Hungary Only those fineness standards are accepted which are understandable and recognisable for the Hungarian customers and which are stipulated by Law. France Articles must bear certain visible, legible marks: the maker s mark or responsibility mark with the manufacturer s or importer s initials and a fineness mark. Denmark not defined Italy not officially defined; this sort of evaluation is referred, case by case, to Italian judicial authorities. Slovenia transparent and easy understandable hallmarking rules. 3

4 Spain - The consumer is not able to determine the exact degree of purity of precious metal without the hallmark. The hallmark guarantees the consumers the purity of precious metals. Malta Hallmarks are understandable if they are visible, legible and durable. Poland not officially defined; There are recognized current, good quality hallmarks which are visible and legible. 8. Which institution is responsible for giving information on the recognition of other EU Member States' hallmarking standards and the rules for placing precious metal products on the market (responds to business queries)? If possible, please indicate the address, telephone number and address of that institution: Austria The special Section at the Federal Ministry of Finance Cyprus Ministry of Commerce, Industry and Tourism, Nicosia, Cyprus Lithuania Lithuanian Assay Office Hungary Hungarian Assay Office France Direction generale des douanes et droits indirects (Bureau F3 Contributions indirectes) Denmark Such an institution are not supposed to exist in Denmark as it is considered to be in illegal technical hindrance to demand for such a recognition prior to the marketing of an articles already marked in another EEA-country. Italy no one Spain Ministerio de Industria, Turismo y Comercio Slovenia Metrology Institute of Republic of Slovenia Responsable person Natasa Mejak Vukovic Malta Malta Assay Office Poland Central Office of Measures, Regional Assay Offices in Warsaw and in Cracow Remark: The addresses, telephone numbers and addresses we can find on the web site. 9. What measures have been taken in your country to inform the local consumers of the hallmark images applied by other EU Member States?: Austria The Ministry offers brochures for the public free of charges, which show the images of all the Austrian and of foreign hallmarks. This rather comprehensive booklet is updated from time to time. 4

5 Cyprus A circular with the drawings of all EU hallmarks recognised by Cyprus was sent to all retailers, to inform local consumers. Lithuania, France, Slovenia Information on the web site. Hungary Those drawings of hallmarks which have been declared equivalent to the Hungarian hallmarks shall be posted in the business premises (shops) in a well visible place. Denmark none Italy Information on the web site. Reproduction the standards of fineness and marks established and described by law. Spain Publication of images of hallmarks in the official journal. Malta Information provided at consumer services offices. Poland Free of charge booklet with EU hallmarks distributed by assay offices. Many publications at the newspapers. 10. Other relevant information: France The hallmarking formalities may be obtained from the assay office and their branches. 5