The Market Surveillance

The Assay Office performs market surveillance on the basis of the provisions of the Hallmarking Act. The rights and obligations of the market surveillance bodies are defined by the provisions of Sections 38 and 39 of the Act.

Pursuant to those provisions, the main emphasis in the performance of market surveillance is:

  • whether the goods offered for sale or stored for that purpose have not escaped testing and marking, and whether they are marked with a fineness number, if so provided by law,
  • whether the fineness and composition of the jewellery alloys comply with the legal standards,
  • whether the inspected entities comply with other obligations stipulated by the Hallmarking Act.

 

The market surveillance is administrated by inspectors of the Market surveillance Department.

The market surveillance shall be carried out in accordance with the schedule of inspection activities and on the basis of a written mandate from the Head of the Office or a person authorized by him. Inspectors are obliged to identify themselves to the inspected entity during the exercise of market surveillance, with the mandate and ID card.

When exercising a market surveillance, inspectors are authorized to:

  • to enter all production, storage and business premises of the inspected entity,
  • to inspect the records kept by the inspected entity pursuant to Hallmarking Act or the records kept pursuant to another legal regulation, if they are related to the activities of the inspected entity,
  • carry out control purchases, even indirectly and under a hidden identity,
  • perform the sampling and testing of the fineness of goods and jewellery alloys.

 

The goods which, contrary to the Hallmarking Act, have not been submitted for hallmarking, shall be seized or secured against unauthorized manipulation for the purpose of carrying out control and testing.  Inspectors shall impose a time limit on the inspected entity to submit these goods to the Assay Office.

 

The inspectors are obliged to inform the inspected person of the results of the market surveillance without undue delay. If the market surveillance does not reveal any violation of the Hallmarking Act, only the "Inspection Record" will be issued.

In case of finding the violations of the provisions of the Hallmarking Act, the inspectors will issue a "Protocol on the result of the inspection". They shall draw up a "Minutes record” on the discussion of the Protocol, in which they shall order the inspected entity to take measures to eliminate identified violations and their causes, and to submit a report on their fulfilment to the Market Surveillance Department.

Violation of the provisions of the Hallmarking Act is sanctioned. The general regulations on administrative proceedings, with variations specified in the provisions of the Hallmarking Act, apply to proceedings under the Act.

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