CWSC® subscribes to the Consumer Warranty Laws of Costa Rica.
REGULATION TO THE LAW OF PROMOTION OF COMPETITION AND EFFECTIVE CONSUMER PROTECTION
COVERED BY THE REGULATION
Article 1. Object of the regulation. This regulation aims to define the necessary rules for the interpretation and application of the law for the promotion of competition and effective consumer protection, no. 7472 of 20 December 1994.
Article 2.- Definitions. In addition to the definitions laid down in the law for the promotion of competition and effective consumer protection, for the purposes of this regulation be understood by:
Craftsman: The physical person or entity of fact or law that purchase finished products or inputs to produce, transform or repair goods through a process in which labor is the dominant factor, resulting in an individualized product, where the personal stamp is printed and which does not correspond to the mechanized industrial production and series. "The artisan is considered consumer" for the purposes of the Act and this regulation.
CNC: The national consumer Commission .
CPC: The Commission to promote competition.
ACAC: Area of trade and consumer support for the MEIC.
Law: Except arising in the context of the standard otherwise, Act No. 7472 of 20 December 1994 and its reforms.
LGAP: The General Public Administration Act.
MEIC: The Ministry of Economics, industry and trade.
ONNUM: The National Bureau of standards and the MEIC measure units.
Small industrial : Physics or entity the person in fact or law, purchasing inputs or finished products for integrate them into production or transformation of articles manufactured and which qualify as "small business" under the criteria in the income tax Act and his regulation. The small industrial consider as a "consumer" for the purposes of the Act and this regulation.
Provider: Any natural or legal person, public or private, which carry out activities of production, manufacture, importation, distribution or marketing of goods or provision of services to consumers.
Misleading advertising: Any kind of information or communications of a commercial nature to use texts, di logos, sounds, images or descriptions which directly or indirectly, and even by default, can induce deception, error or confusion to the consumer, especially sobre:
a. The geographical origin, commercial or other of offered good or on the place of delivery of the agreed service or technology used.
b. Components or members of the offered good, or the percentage that concur therein.
c. Benefits or implications of the use of the good or service engagement.
d. The basic characteristics of the product to sell or service to provide, such as dimension, quantity, quality, utility, durability, or one that is judged reasonable and definitely in a normal procurement relating to such goods or services.
(e). The date of preparation or the good life where these data indicate.
(f). The terms of the warranties offered.
g. Examinations, approvals or distinctions, official or private, national or foreign, such as medals, awards, trophies and diplomas.
h. Price of the good or service offered, payment and cost of credit.
Commercial services: Those who pay an enterprise or commercial establishment to its customers, with or without a personal relationship with them.
Technical or professional services : Those who pay an individual customer, upon a personal and relationship of trust (personae basis) for the realization of a work of a technical or vocational nature.
Technical unit : Where appropriate, the technical unit to support the Commission to promote competition and the CNC.
Sales home : The sale in which the negotiation is carried out and the contract perfected outside the premises or establishment of the merchant or provider under the visit that it or its subsidiaries to the purchaser.
DELIMITATION PURPOSES REMOVAL PROCEDURES
Article 3.- Definition of the purposes of the Elimination of formalities. The Elimination of procedures and requirements for control and regulation of economic activities by the public administration, should be governed by the fundamental purpose of protecting the exercise of the freedom of enterprise and ensure the defence of the productivity, in accordance with the law.
The Administration will keep a permanent attitude of self-assessment for the Elimination of paperwork and unnecessary requirements, together with the simplification of those who remain, as a mechanism which - coupled with the removal of other obstacles to trade - serving to promote free competition and the economic opening.
ACCEPTABLE ADJUSTMENTS TO ECONOMIC ACTIVITY.
Article 4 .-Acceptable adjustments to economic activity. They are considered only acceptable economic activity regulations that are necessary to protect national security, for the prevention of practices which can induce to error, the protection of human, life, health or safety or health, animal or vegetable, or environmental.
Also acceptable regulations concerning the promotion of competition, intended to prevent monopolistic practices and encouragement, according to define them the law and those relating to compliance with quality standards adopted officially.
ACCORDANCE WITH SPECIAL LAWS AND CONVENTIONS
Article 5.- Accordance with special laws and international conventions. Review and elimination of formalities and requirements of regulation of economic activities, must match the provisions of special laws and conventions international. This means that they cannot be subject to elimination by the public administration, the procedures and requirements that are expressly provided in special laws and international conventions, except for instruments of the same rank.
However, if they should be subject to review and, where appropriate, deletion, procedures and requirements laid down by regulations or other administrative acts, although they merge into general provisions contained in international conventions special laws.
RANGES APPLICATION OF QUALITY STANDARDS
Article 6.- Scope of the application of quality standards.
May not restrict the importation of goods or their marketing in the internal market based on the application of standards of quality that are not embedded in the mandatory technical regulations relating to health, public safety or the environment, unless goods are submit or offer to the public making use of false information, or that does not correspond to the true quality of the property, in which case proceeding immediately to report to the CNC.
Article 7.-1 Positive silence. Any application for registration, registration, authorisation or approval submitted to public administration, related to compliance with formalities and requirements necessary for the access of goods to the national market or with the trade regulations, it must be resolved by the body or corresponding entity of public administration within eight days. Said period count of the submission of the application full compliance of their formalities essential, understood as those whose defect or omission would be cause of absolute nullity.
The expiry unless express decision is, the management understand approved. To exercise the rights that are appropriate, sufficient that the person concerned displays the copy of your request a notarial rightly stating that it was presented in its entirety and that the Administration not the resolved in time. Public offices may not reject or ignore the legal validity of the law thus credited.
If the tacit approval referred to in this article would mean vices of absolute or relative nullity, be proceed in accordance with the General Public Administration Act. When procedures, requirements or regulations are approved by positive administrative silence correspond to the CPC, as Committee responsible for ensuring the deregulation process, exercise the powers provided for in the final paragraph of article 3. of the law.
(1) See article 57 of this regulation.
(*) The article says:
"Article 3.- " Elimination of paperwork and exceptions. Procedures and requirements for control and regulation of economic activities should not prevent, hinder, or distort transactions in domestic or international. The Government should review, analyze and delete, where appropriate, these procedures and requirements to protect the exercise of free enterprise and ensure the defence of productivity, provided that it meets the requirements necessary to protect human health, animal or vegetable, security, the environment and compliance with the quality standards.
All due match provisions of special laws and international conventions, as well as the demands of the economy in general and an equitable distribution of wealth.
Product quality standards should apply to national goods and imported, according to the national and international quality standards, established after hearing the parties concerned.
Procedures and requirements that must be met to access of goods produced abroad to the domestic market, as well as regulations to trade to be kept, are governed by the principle of speed in the administrative procedure. In charge of the managed essential formalities are met, public administration must resolve as appropriate within a maximum of eight days, as required by the regulations under this law.
That expiration unless there is express resolution, you will need to approved the request of the interested party.
A procedure or unnecessary requirement is not essential or indispensable to the administrative act. It is necessary to the process or the requirement that, in accordance with the public interest, is irreplaceable and inherent to realize the Act. The regulation of this law should specify the characteristics of the requirements and procedures essential for reasons of health, public safety, environment and quality standards, as laid down in this article.
The Commission to promote competition, created in this law must permanently ensure that procedures and the regulatory trade requirements comply with previous demands, through its review "ex post".
In addition, it should ensure, in particular, to fulfil the principle of speed and that regulations and requirements, which are kept for reasons of health, environment, safety and quality, do not become obstacles to free trade.
When procedures, requirements or regulations are approved by positive administrative silence, deregulation Committee choose some cases using the mechanism of random sampling to demand an explanation about the reasons that caused this silence to the officials responsible for such cases. "If it is determined the official misconduct, be as laid down in the Act of the public administration."
DETERMINING ESSENTIAL CHARACTER REQUIREMENTS Article 8.- Determination of the essential nature of requirements and procedures. In order to determine the characteristics of the requirements and procedures should n keep by virtue of being essential, the CPC set regulations based on the subject categories to which they relate (human health, animal, plant, national security, protection of the environment and prevention of practices that they misleading the consumer in error).
On each category of regulations give audience to bodies or public administration bodies that have regulatory competence in the matter and interested parties, so that manifested on the regulations and procedures and requirements which considered essential. The term of this hearing shall be not less than ten working days, and not more than two months.
Once analyzed the information received, the CPC sent a report in each case to the Executive, recommending the Elimination of those processes that are not essential in its discretion. This report may be part of the opinion that develop the CPC on the analysis cost benefit carried out by bodies and regulatory bodies in accordance with the law, or may well give up at any time.
PERIODIC SUBMISSION OF INFORMATION
Article 9.- Periodic transfer of information entities and organs of the public administration to the CPC. For effects that the CPC can exercise its function of ensuring that regulatory trade requirements and procedures comply with the above requirements, all entities and organs of the public administration duty n submit semi-annual shaped a report with all regulations that have been issued during the semester and those that are in process.
CRITERIA AND FORMAT ANALYSIS COST BENEFIT
Article 10.- Criteria and format of the analysis cost benefit. The CPC set the criteria which should be based the analysis cost-benefit that is under the first subparagraph of article 4 of the Act, as well as the format that should be adjusted. This be reported by the CPC to all bodies and organs of the Administration public responsible for developing such analyses. The communication will be made at least three months before the expiry of the period of one year referred to in the interim I ** law.
(*) The aforementioned transitional says:
"Transitional I.- "All entities and public administration bodies have the term of one year from the enactment of this law, to perform cost-benefit of the procedures and requirements referred to in article 4, in order to eliminate unnecessary and expedite those who must be kept. Within the time limit laid down in the preceding paragraph, the hierarchs of the bodies and organs of the public administration must communicate, to the Commission to promote competition, the results of the study and the changes made, on pain of incurring serious misconduct in the performance of their functions, be declared responsible, in accordance with the articles 190 et seq. of the General Public Administration Act. "However the obligation is maintained if within that time limit does not comply with stipulations there."
REGISTRATION AND REGISTRATION OF PHARMACEUTICAL PRODUCTS.
Article 11.- Inscription and registration of pharmaceutical, medicinal, food, agrochemical and veterinary products. Regardless of the cost analysis benefit within the meaning of the Act, the CPC may request at any time to the organs and bodies of the public administration involved in the register or register of laboratories or pharmaceutical, medicinal, food, agrochemical and veterinary, a technical report on the merits of keeping regulations in these areas. Based on these reports, analyse the CPC whether to modify, simplify or eliminate any procedure or requirement of registration or register and communicate it to the Executive Branch for the relevant purposes. Technical reports that provide organs or bodies of the public administration to the CPC are not binding for this.
In addition, the CPC may recommendation to the Executive power based on the technical elements available and criteria of appropriateness and reasonableness, in case that a report not will be sent within one month following the date on which it has formally requested to the organ or body concerned
To request the technical reports to the organs or bodies of the public administration, the CPC also request the criterion of the bodies representing general or corporate interests affected by the revision of the procedures and requirements for registration and registration. The term be equal to the indicated in the preceding paragraph.
REGULATION OF PRICES OF GOODS AND SERVICES
Article 12.-1 Cases in which proceeds the adjustment of prices of goods and services. To achieve the goal of orderly economic growth, the Administration duty resort of primary mode, the application of measures of openness and promotion of competition act, its regulations and other legal instruments at its disposal.
For both, the temporary regulation of prices of goods and services by the public administration exercising preferably as a mechanism of last resort and only in cases of emergency, understood these as:
to. The existence of abnormal market conditions including the circumstances of force majeure, shortage or abuse found in the margins of marketing. O,
b. The existence of monopolistic conditions or encouragement in the production or sale of goods and services. Regulation of prices cannot be applied when a product or service is sold or loaned by the public administration, in concurrence with individuals under functions of stabilization of prices that are indicated expressly in the law.
(1) See articles 17 and 20 of this regulation.
VALIDITY OF REGULATIONS
Article 13.- Validity of regulations. Regulations will remain n long remain the exception conditions, determined by the study referred to in the following articles. In any case, regulations should be reviewed within periods do not exceed six months, or at any time at the request of the interested parties. In the latter case, the request duty be filed with the Commission to promote competition, which give public administration and interested audience. The Commission issue then an opinion and shall reaching the head of the administration.
Article 14.- Home of the procedures. The initiation of procedures aimed at the establishment of a regulatory measure of prices caused be ready, in all cases, by the head of the administration whose legal jurisdiction include the establishment of price regulations, or by the body than the designated.
In the case of the revision or elimination of measures, the initiative correspond to the head or to the CPC.
PROCEDURE PRICE REGULATION
Article 15.- Procedure for the regulation of prices in cases of force majeure. In addition to checking the existence of force majeure, and except in cases of urgency, regulation should be preceded by a technical study that, together with the remaining elements applicable to the case, consider the existence of barriers tariff or non-tariff or other obstacles which limit the supply in the relevant market, fixed in accordance with the criteria laid down in article 14 ** of the law, and consider removing them for the normalization of the supply.
(*) The article states:
"Article 14.- "Relevant market. To determine the relevant market, the following criteria should be considered:
to. The possibilities of replacing the good or service in question, on the other source national or foreigner, whereas the technological possibilities, the degree in which consumers have substitutes and the time required for such replacement.
b. The same good distribution costs, inputs relevant, their complements and substitutes, from other parts of the national territory and abroad; in doing so be considered freight, insurance, tariffs and restrictions that non-tariff, as well as the constraints imposed by the economic agents or their organizations and the time required to supply the market from other sites.
c. The costs and possibilities for consumers to go to other markets.
d. " Policy, national or international, restrictions that limit consumer access to alternative sources of supply, or from suppliers to alternative customers."
PROCEDURE PRICE REGULATION
Article 16.- Procedure for the regulation of prices in cases of monopolistic conditions or encouragement. Prior to the establishment of the regulatory measure, the Administration grant audience by ten working days to those concerned to supply the information and provide data that are good. The deadline, proceed carried out a study which, together with the precise determination of the relevant market in accordance with the criteria of article 14 of the Act, taking into account aspects such as:
to. The substantial power of an economic agent in the market according to the par article 15 metres ** law.
b. Price elasticity of demand for the product or service.
c. That there are no barriers or other obstacles to the entrance to the national market of the goods or services involved in the alleged practice of monopolistic or oligopolistic, or that there are non-tariff barriers erected by the (s) agent (s) economic (s) with substantial power in the relevant market, and consider removing them for the normalization of the supply.
(*) The article says:
"Article 15- "Substantial power in the market to determine if a economic agent has a substantial power in the relevant market, must be considered:
to. Their participation in that market and their ability to set prices unilaterally or to restrict substantially, the supply in the relevant market, while other operators can, in the today or in the future, to counter that power.
b. The existence of barriers to entry and the elements as, expected, can alter those barriers as other competitors offer.
c. The existence and power of its competitors.
d. Access of the operator and its competing sources of inputs.
(e). Your recent behavior.
(f). " The other criteria have logos that are established in the regulations under this law."
OPINION OF THE CPC AND RESOLUTION
Article 17.- Opinion of the CPC and resolution. Once completed the study by the competent technical body, it send it to to the respective hierarch who determine if there are m in its discretion ' rite or not for mounting corresponding. If so, request to the CPC the opinion to that referred to in article 5 ** of the law; otherwise, order to archive management.
The CPC to proceed opinion, within a maximum period of 15 working days, with regard to the establishment or abolition of these regulations, which will not be binding on the administration. However, where the head of the Administration decides to depart from the opinion of the CPC, you must do so through a properly substantiated decision.
The opinion of the CPC will be exclusive aim point out if there are circumstances that justify the establishment or elimination of the regulatory measure, in accordance with article 12 of this regulation or not. The CPC not pronounce around the amount of prices or margins of gross profit that is applied, but if duty par metres of the technical study referred to in paragraphs 15 and the previous review, acting adversely to the regulatory measure in the event that it fails to verify its basis.
Not require of the criterion of the CPC for adjustments purely quantitative in the regulation, which be n by the same body which ordered the original measure.
(*) The article says:
"Article 5.- " Cases in which appropriate regulation of prices. Public administration can regulate prices of goods and services only in situations of emergency, on a temporary basis; in such a case, should establish and encourage properly such a measure. This option cannot be exercised when a product or service is sold or provided by the public administration, in concurrence with individuals under the functions of stabilization of prices that are indicated expressly in the law. For the specific case of monopolistic conditions and oligopolistic in goods and services, public administration regulate pricing as long as those conditions remain.
Goods and services subject to the regulation referred to in the preceding paragraph, must be fixed by Executive Decree, prior opinion of the Commission to promote competition on the appropriateness of the measure. In this Decree, the expiry of the measure should be set when the causes that gave rise to the respective regulation, according to substantiated decision of that Committee, to have disappeared be reported to the Executive Branch for the relevant purposes. In any case, this regulation should be reviewed within periods do not exceed six months or at any time at the request of the interested parties. To determine the prices for regular, the effects that the measure may cause in supply should weighed.
Also, the public administration may regulate and fix the minimum starting price of bananas for export.
The regulation referred to in the preceding paragraphs of this article, can be through pricing, the establishment of profit margins or any other form of control.
"Officials of the Ministry of economy, industry and commerce are entitled to proper compliance with the regulation of prices referred to in this article."
THE BASIC BASKET OF GOODS AND SERVICES
Article 18.- Goods and services of the basic food basket. Regulation and control of the goods and services that make up the basic basket referred to in subparagraph (e)) article 30 ** law, exercise by: a) the monitoring and periodic monitoring by the MEIC of prices of such goods and services in the market, b) meetings or conversations with economic operators involved in case that determine variations of abnormal prices or irregular behaviour in prices(in order to determine which are the reasons or justifications for this, c) analyses and studies of the markets.
If necessary adjust the prices of goods and services included in the basic basket, because are disproportionate and unjustified increases not reflecting the reality of economic factors and always has been able to secure results based on indicated in the preceding paragraph, such regulation be subject to the conditions and the procedure provided for in the Act and this regulation. In any case, the MEIC may, at any time, provide information and education consumer that allows you to improve their ability to choose what more you should be including comparative tables of prices that are also offered on the market as an instrument for the control of prices of goods and services of the basic food basket.
(*) Subparagraph (e)) of the article says:
"Article 30.- "Functions of the Executive branch. In the terms established in the present law, are essential functions of the State as follows:...
"... e structuring a basic basket that meets at least the needs of Costa Ricans whose income is equal to or less than the wage minimum established by law and regulation, when the considers it necessary, goods and services that make it up."
LEVELS OF PRICE REGULATION
Article 20.- Levels of regulation of prices. Price regulation can occur in each of the levels of production and marketing, depending on the level in which determine the existence of States of emergency referred to in article 12.
PRICE ADJUSTMENT CRITERIA
Article 21- Criteria for the regulation of domestic production goods prices or prices using cost models. In the cost models or pricing of domestic production goods, will be considered, the following costs, as appropriate:
to. Directly related to production costs: raw national or imported, packing materials including labels, packaging of all kinds, except those on which left tank, workmanship including social charges, electricity, water, fuel for power plants, lubricants, repair and maintenance of machinery and equipment production, depreciation of assets, fire insurance, costs of laboratory for quality control, rent on buildings and production machinery, territorial and municipal taxes.
b. Other costs: administrative expenses, financial expenses, reasonable expenses of marketing and advertising and distribution costs.
In the case of imported raw materials, if there is doubt as to its actual price international prices will be taken as a reference.
In addition, duty n taken into account variations affecting the price of sale, from changes in the taxes that the production, distribution and consumption of the goods be borne.
When the above costs are not strictly related to the production of the good or service in question, the public administration may reject them totally or partially.
DETERMINATION OF MAXIMUM UTILITY PERCENTAGE
Article 22.- Criteria for the determination of the maximum percentage of gross profit. To set percentages maximum gross profit be n considered the following aspects in relation to the good of it is:
to. The goods or the goods itself, its nature, need, duration, destination and inventory turnover.
b. Marketing, distribution channels and areas of distribution.
c. The actual consumer; socio-economic levels and widespread use of the good.
d. Type of production or marketing market
CALCULATION OF COST OF IMPORTED GOODS
Article 23- Criteria to calculate the cost of goods imported for the purposes of the verification of compliance with maximum margins of gross profit. In imported goods, be considered n, the following costs, as appropriate:
to. Value CIF/Customs Office of destination. The importer must drill down values that correspond to each one of its components (FOB value, insurance, freight).
b. Taxes on import and other applicable taxes.
c. Expenses of the Customs Agency, including service of customs clearance, preparation of policy, rings, mobilization, localization, composition of packages, scree slopes, dispatch or nationalization and Commission, bodegajes and expenditure of tax warehouse for a maximum period of 45 days.
d. Carrying customs warehouse of the importer, loading and unloading in accordance with the market price, with the exception of the same is included in the agency broker, either implicit in the CIF value of the invoice.
(e). Commissions and charges by the opening of letter of credit or other documents used as a recruitment payment and expenses of collection, as specified by the Bank.
(f). Costs of labelling, timbre of colleges, if they have not been incorporated into the same policy.
(g) two months of interbank financing to active, average interest rate, which is determined received average, the date of the acceptance of the policy by the State banks for the activity; and applies to the CIF price of the merchandise valued at the rate of exchange of the same date.
For the conversion into national currency of the CIF value of the imported goods be the interbank exchange rate existing at the date of payment of the obligation, when buying is to spot; and when it is to the credit is OK a projection to 90 days maximum, using the average of devaluations of the 90 days prior to the acceptance of the policy.
The term projection for the rate of Exchange to apply, be limited by the lesser enters the term is prescribed by the conditions of credit and the combination of the deadlines for recovery of the sales credit and inventory turnover.
NON-TARIFF RESTRICTIONS ELIMINATION
Article 24.- Scope of the Elimination of non-tariff restrictions on imports and exports. The Elimination of non-tariff restrictions on imports and exports of goods referred to in the second subparagraph of article 6 ** of the Act refers refers to any licence or permission set by law or regulation. Except for the expected permissions in the regulations that keep being essential for the protection of national security, for the prevention of practices that are misleading, the protection of human health or safety, animal or plant health or life, or the environment. Equally, except those expressly provided in special laws or international conventions, in particular all those permissions, licenses or quotas referred to in the agreements of the Uruguay Round of multilateral trade negotiations and in the implementation Act of the Uruguay Round of bargaining agreements multilateral trade, no. 7473 of 19 December 1994.
In this same vein, the administrative rules on the labelling of imported products due n structured and applied in a way that does not they can reach to become a non-tariff barrier, either because of their excessive complexity, because grant powers of discretionary interpretation to the management or other similar reason. The CPC will have competition to review and request the revision of these standards when, in its sole discretion, violate this article, both on its own initiative and at the request of an interested party.
(*) The article says:
"Article 6.- "Elimination of trade restrictions. Licenses and all other authorization for the exercise of the trade as well as the restrictions are removed to exercise commercial activities, under the nationality and without prejudice to the rules particularly in labour and immigration matters.
Removed all that non-tariff restrictions and any other quantitative and qualitative restrictions on imports and exports of goods, except the cases specifically mentioned in the
Article 3 of this law and in the terms expressed there.
Can public administration be established, exceptionally, through Executive Decree and favorable recommendation of the Commission to promote the competition, import or export licenses. This measure proposes to restrict trade in specific products, where there are abnormal circumstances or disorders in the internal or external market, due to force mayor, unforeseen circumstances and any situation that results in or may generate a serious problem of shortages in the local market, that can not be satisfied going to market mechanisms, or when they should apply under restrictions negotiated or imposed by business partners, while these exceptional circumstances persist, in the opinion of that Committee, in the terms expressed in the following paragraph. In any case, the causes that motivated the measure should be reviewed within periods do not exceed to six months.
In the cases referred to in the preceding paragraph, the public administration should carry out a technical study that support this measure; It must also collect apparently of the Commission to promote competition and can deviate from it by reasoned decision. Before deciding to its origin, the terms and conditions of the constraint, the Commission should be granted a hearing written to stakeholders, for a period of five days, on the aforementioned study.
Recognizes the Faculty of cameras and private associations to regulate its economic activity, to ensure the efficient provision of services to society, with strict observance of the principles ' ethical and respect for the freedom of competition of economic operators and to prevent behaviour that this Act is prohibited and punishable. The participation of such entities may not limit free access to the relevant market or impede the competitiveness of new economic adjustments.
"The Executive Branch to regulate this standard and, in particular, the Faculty of those entities to establish records of people and companies that engage in the respective activity."
REGISTRATION BY CHAMBERS AND ASSOCIATIONS
Article 25.- Establishment of registers by Chambers and private associations. Chambers and private associations can set records in accordance with its statutes and the private legal regime which applies to them. Records that are established based on article 6 of the Act be n the following general principles:
to. Its effects be n limited partners to the respective Chamber or private association, i.e., records will not have effects on third parties outside the Organization, unless voluntarily accept.
b. May not be based on discriminatory regulations.
c. May be not issued regulations which constitute violations of the rules on competition and effective consumer protection referred to in the Act.
d. In no case this type of regulations may constitute direct or indirectly, restrictions on the entry of economic agents, affiliated or not affiliated with the respective Chamber or association, to the market for goods or services in question.
WAIVER OF PROFESSIONAL OR TECHNICAL
Article 26.- Waiver of professionals or technicians. Anyone with direct and legitimate interest may request to the CPC which dispense, totally or partially, the participation of professionals and technicians in the procedures or the procedures for access of goods to the domestic market and in others trade regulations.
The CPC may agree to the waiver, after hearing for ten days to the organ or entity of public administration that have regulatory competence in the matter.
Not necessary to dispense the participation of professionals and technicians when this is required by regulations that have remained after the analysis cost benefit corresponding to be essential requirements in terms of the Act and this regulation.
Article 27.- Accreditation. For the accreditation of physical or legal entities, public or private, people such as certification bodies and laboratories, test and testing or verification of market, be provisions in the existing executive decrees, issued by the administration according to the material in question. However, such decrees must n be subjected to analysis cost benefit and review according to the rules contained in the Act and this regulation.
Article 28.- General principle. Public or private monopolies are prohibited, as well as the practices that prevent or limit competition, preventing the access of competitors to the market or promote their output. Public administration must protect the exercise of free enterprise and promote the free competition.
EXCEPTIONS TO THE GENERAL PRINCIPLE
Article 29.- Exceptions to the general principle. The only exceptions to the general principle contained in the preceding article are as follows:
to. Public services subject to concession, regulated by special law.
b. State monopolies created by special law, as they long to celebrate the activities expressly authorized in such laws, as in area such as insurance, bank deposits in current account or view, manufacture of ethyl alcohol for human consumption and the market for domestic consumption, refining oil and distribution of fuels, telephone services, telecommunications, electricity and water.
LOG ON PROCEDURE
Article 30.- Home of the procedures. Proceedings before the CPC, which may result in the imposition of any of the sanctions provided for in article 25 ** law, start n on complaint or on its own initiative. The complaint must be presented to the technical unit of the CPC. If it is presented in another room of the MEIC, the official receiving due send without delay to the above-mentioned technical unit.
Procedures start n ex officio by the CPC duly informed agreement.
(*) The article states:
"Article 25.- "Penalties. The Commission to promote competition can sort by substantiated decision, taking into account capacity to pay to any economic operator who contravenes the provisions of in chapter III of this law, the following sanctions:
to. Suspension, correction or deletion of the practice or concentration in question.
b. Deconcentration, partial or total, how much has concentrated unduly, without prejudice to the payment of the fine that appropriate.
c. The payment of a fine, up by sixty-five times the amount of the lowest minimum monthly wage, by have falsely declared or having given false information to the Commission to promote competition, with independence of other responsibilities incurred.
d. The payment of a fine, up by fifty times the amount of the lowest monthly minimum wage by delay the delivery of the information requested by the Commission to promote competition.
(e). The payment of a fine, up by six hundred eighty times the amount of the lowest monthly minimum wage, have incurred an absolute monopolistic practice.
(f). The payment of a fine, up by four hundred ten times the amount of the lowest monthly minimum wage, have incurred some monopolistic practice relative.
g. The payment of a fine, up by four hundred ten times the amount of the lower minimum wage, by having engaged in any concentration of the prohibited by this law.
h. The payment of a fine, for seventy-five times the amount of the lower minimum monthly wage to persons directly involved in the monopolistic practices or concentrations prohibited on behalf of legal persons or entities in fact or on behalf of them. En_el_caso_de infringements referred to in subparagraphs of the e) (h)) of this article which, in the opinion of the Commission to promote competition, are of particular gravity, this Committee can impose a fine as punishment equivalent to ten per cent (10%) of annual sales obtained by the offender during the previous fiscal year or one up by ten percent (10%) of the value of the assets of the offender. These two fines will be imposed resulting m high s.
To impose such sanctions must respect the principles of due process, informalism, the real truth, the momentum of trade, the impartiality and advertising, which reported the stipulated administrative procedure in the second book of the General Public Administration Act.
"(Si_el_infractor_se_niega_a_pagar_la_suma_ establecida_por_la_Comisión_para_promover_la_competencia, _mencionado_en_los_incisos_d) to h) of this article, the Commission certify debit, which is enforceable, so that, with base in ' l, arises the implementation process in courts, in the terms provided for in the code of Civil procedure."
RESPONSIBILITY OF THE COMPLAINANT
Article 31.- Responsibility of the complainant. The responsibility of the complainant in case of libelous complaint, govern as provided in the relevant criminal legislation.
Article 32.- Requirements. The complaint to the CPC due be written in Spanish language and be signed by the interested party or another person at his request. The complainant may also submitted to CPC or any other unit of the MEIC directly.
In this case, the corresponding official lift Act of denunciation, to subscribe the person concerned, and the submit immediately to the technical unit of the CPC.
CASES OF INFRINGEMENT TO ARTICLE 64 OF THE ACT
Article 33.- Cases of violation of section 64 of the Act.
In cases of infringement of article 64 ** of the law, which fall within the competence of the CPC be in the same manner with respect to the CNC in article 48 of this regulation.
(*) That article says:
"Article 64- "Documents and information. Traders at the request of the Commission to promote competition, the national consumer Commission and the Ministry of , economy, industry and trade, are required to:
to. Deliver, as a sworn statement, the reports and documents that are considered necessary to ensure the performance of their duties. The information provided is confidential and the staff member who violates the secrecy of confidential data incur serious misconduct in the performance of their duties.
b. Allow, free of charge, the taking of samples of the products to verify the quality or accuracy of the information provided to the consumer.
The refusal of delivery, misrepresentation or the inclusion of inaccurate or incomplete data in the required documents, must be sanctioned as serious by the respective commissions, as appropriate. When the offences are committed in virtue of the request made by the Ministry of economy, industry and trade, this refer these documents to the competent Committee for the sanction.
Invoices of sales to wholesalers must record the name of the seller and the purchaser, their respective numbers of identification card, natural or legal person, as well as the identification of the goods or services traded.
"Organs and bodies of the public administration must provide information which prompted the Commission to promote competition and the National Commission for the consumer, for the performance of their duties."
Article 34.- Qualification of admissibility. A complaint has been received, the technical unit due prepare a preliminary report for the CPC, including an analysis of aspects such as the legitimation of the complainant, the observance of the minimum requirements laid down in the LGAP and the existing evidence.
The technical unit due put in knowledge of the CPC the complaint in the session immediately following the presentation of the same date. At that meeting the technical unit presented the preliminary report referred to in the previous paragraph, except that needed more time to prepare it, case in which the CPC may agree as well.
To know the complaint, or at any time before the formal act of initiation of the proceeding, the CPC will be able agree on flat rejection of the complaint, in the cases provided for in the LGAP.
COMMENCEMENT OF PROCEEDINGS
Article 35.- Start of the procedure. Based on the preliminary report submitted by the technical unit, the CPC, if it considers that there are m' enough ritual and when the final resolution may result in the imposition of any of the sanctions provided for in article 25 ** agree to act, the formal beginning of the administrative procedure.
If not any of the circumstances referred to in the preceding paragraph, the CPC agree rejection of the complaint and the file the file or, in your case, the referral of the matter to the route that corresponds.
(*) See the text of the article cited in article 30 of this regulation.
NOTIFICATIONS BY TELEFACSIMILE
Article 36.- 1 Notifications by telefacsimile. Procedure notifications may be sent via fax (fax) to parties who have so requested expressly. In these cases, it'll be as proof of the notification the constancy of the officer in charge of the technical unit that sent the notification. In all cases the officer due confirm that the notification w