A price watchdog is established – Fines of up to 10,000 euros are foreseen
The amendment for Santa’s basket concerning children’s toys was tabled. The amendment was submitted to the draft law of the Ministry of the Interior “Municipal Police, Public Markets bodies, simplification of procedures between OTAs. and Decentralized Administrations, regulations for normalization of the electoral process for foreign residents and other regulations of the Ministry of the Interior”.
According to the amendment, a price watchdog is established for “Santa’s basket”.
Businesses specializing in the sale of children’s toys to the consumer public, whose total annual turnover exceeds one million euros per year, based on the financial statements of the immediately preceding, from the entry into force of this, management period, send to the Ministry of Development and Investments, at regular intervals, children’s toy consumer product catalog (“Santa’s basket”) from December 14, 2022 to January 11, 2023.
The obligees include at least one product from each product category included in the “Santa Claus basket”, if they have products of this category, and make them available at an affordable price, especially compared to other products of the same category, informing consumers that come to their physical or digital stores, in terms of the composition of the “basket” they propose. This information is provided by any suitable means, in particular with lists, brochures and, mandatory, with special markings on the products or their sales area.
Obligees must place a clear special sign in the sales area (shelf) of the products participating in the “Santa’s basket”, as well as a clear list of the products that make up the “basket” in a prominent place at the entrance of the store, which includes the prices at which the products are offered. In addition, the obligors will ensure that the products participating in the “basket” are in their stores in adequacy and are made available to consumers seamlessly. A fine of 1,000 to 10,000 euros is imposed for each violation of this provision.
The list of products participating in the “Santa’s basket” and their prices are set freely by the companies. For the prices of the products that make up the “basket” proposed by each company, Article 58 of Law 4818/2021 (A’ 124), on unfair profit-making, is applied accordingly, where the gross profit margin per product unit is not allowed to exceed corresponding gross profit margin per product unit before December 1, 2021. The products in the list can be varied every time a new list is sent by the debtors to the Ministry of Development and Investments.
A list of products included in the “Santa Claus basket” can also be sent by other companies that are not included in the above obligations, but any company that sends a product list must comply with it.
The non-sending of a product catalog or the incomplete sending of a product catalog by the debtors is punishable by an administrative fine of 5,000 euros for each day of delay in sending the catalog.
By decision of the Minister of Development and Investments, the categories of products that are included in the “Santa Claus basket”, the frequency of sending the list of products by the debtors, the competent authorities for the imposition of the present sanctions, the control procedure, the procedure collection of fines and any other more specific issue concerning the implementation of this.
It is recalled that as announced by the Minister of Development and Investments, Adonis Georgiadis, the “Santa’s basket” includes the following 10 categories of toys: Babies, puzzles, action figures, constructions, vehicles, electronics, remote-controlled, sports, tabletop, dolls and soft toys .
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