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Precious Metal Articles Act

Passed 22.01.2003
RT I 2003, 15, 85
Entered into force pursuant to § 58.

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS  

§ 1.  Scope of application of Act

 (1) This Act provides for the requirements for the handling of articles of precious metal and for the determining and assaying of fineness of precious metal, organisation of supervision over compliance with this Act, and liability for violation of this Act.

 (2) The provisions of this Act do not apply to:
 1) precious metals, products containing precious metals or articles of precious metal used for the needs of manufacture, science and medicine;
 2) materials used for the manufacture of articles of precious metal;
 3) waste containing precious metals generated upon the manufacture and processing of articles of precious metal and products containing precious metals, and to articles of precious metal which have become unusable;
 4) investment gold for the purposes of the Value-Added Tax Act;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 5) legal tender of Estonia and other countries and antiquarian coins and medals which are made of precious metal;
 6) badges of honour and decoration as well as sports and culture awards which are made of precious metal;
 6¹) articles of precious metal of historical or cultural value;
[RT I 2008, 3, 23 – entry into force 15.04.2008]
 7) musical instruments and their parts which are made of precious metal;
 8) the export of articles of precious metal;
 9) the import of such articles of precious metal which a traveller imports for personal use or which are contained in a postal consignment sent from one natural person to another natural person on an occasional basis if, on the basis of the nature and quantity of the articles of precious metal, it is evident that they are intended for the personal or family use of the traveller or the consignee.

 (3) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking into account the specifications provided in this Act.

 (4) Where the handling of articles of precious metal is governed by the Money Laundering and Terrorist Financing Prevention Act, this Act is applied with the specifications arising from the Money Laundering and Terrorist Financing Prevention Act.
[RT I, 29.06.2014 – entry into force 01.07.2014]

§ 2.  Definitions

  For the purposes of this Act, definitions are used in the following meaning:
 1) ‘precious metal’ means pure gold, silver, platinum and palladium and their alloys;
 2) ‘fineness of precious metal’ means a number indicating the content of pure gold, silver, platinum or palladium measured in terms of parts per thousand by weight of alloy of the precious metal;
 3) ‘standard of fineness of precious metal’ means the fineness of precious metal specified in subsections 2 and 2¹ of § 4 of this Act;
[RT I 2008, 3, 23 – entry into force 15.04.2008]
 4) ‘article of precious metal’ means an object which is wholly or partially manufactured from one or several precious metals with at least the minimum standard of fineness permitted in subsections 2 and 2¹ of § 4 of this Act;
[RT I 2008, 3, 23 – entry into force 15.04.2008]
 5) ‘handling’ means the manufacture, import, offer for sale and transfer for a charge of articles of precious metal;
 6) ‘manufacture’ means the manufacture of new articles of precious metal for the purpose of transfer for a charge, and the repair, remaking and restoration of used articles of precious metal;
 7) ‘import’ means the transportation of articles of precious metal into Estonia in order to make them accessible for the purpose of putting them into service or distribution;
 8) ‘offer for sale’ means an activity in the course of which the manufacturer, importer, wholesaler or retailer of articles of precious metal offers the articles of precious metal for transfer for a charge;
 9) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 10) ‘placing on the market’ means an activity by which an article of precious metal is made accessible in a State Party to the European Economic Area Agreement or in Turkey for the first time for the purpose of distribution or putting it into service.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

Chapter 2 REQUIREMENTS FOR HANDLING OF ARTICLES OF PRECIOUS METAL  

Subchapter 1 General Requirements  

§ 3.  Notification obligation

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 4.  Requirements for article of precious metal

  [RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (1) An article may be offered for sale or transferred for a charge as an article of precious metal if the article complies with the requirements of this Act and compulsory marks prescribed by this Act have been affixed to the article.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (2) The standards of fineness of articles of precious metal are:
 1) 375, 500, 585, 750, 916 or 999 in the case of articles of gold;
 2) 800, 830, 925 or 999 in the case of articles of silver;
 3) 850, 950 or 999 in the case of articles of platinum;
 4) 500, 950 or 999 in the case of articles of palladium.

 (2¹) Articles manufactured in a State Party to the European Economic Area Agreement or in Turkey are deemed to be manufactured form precious metal conforming to the standard of fineness if precious metal with the standard of fineness established by the legislation of the country where the articles have been manufactured or placed on the market, or specified in subsection 2 of this section has been used in these articles.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (3) Precious metal used for the manufacture of an article of precious metal conforms to the standard of fineness if the pure gold, silver, platinum or palladium content thereof is equal to or greater than the standard of fineness.

 (4) The non-precious metal parts of an article of precious metal offered for sale or transferred for a charge, except for springs, pins and other details essential in the construction, must bear a mark ‘MET’ or another mark designating non-precious metals.

 (5) [Repealed – RT I 2008, 3, 23 – entry into force 15.04.2008]

 (6) An article of precious metal is not permitted to be offered for sale or transferred for a charge if:
 1) metal has been permanently fused with the article of precious metal and the metal, due to its colour, may be considered the same precious metal from which the article of precious metal has been manufactured;
 2) the fineness of the solder used for the manufacture of an article of gold, platinum or palladium is lower than the fineness of precious metal used for the manufacture of the article of precious metal.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (7) The following are not permitted to be marked, offered for sale or transferred for a charge as articles of precious metal:
 1) articles manufactured from metal of which less than 50 per cent is the part made of precious metal, except for silverware, watches and other case articles;
 2) articles covered with precious metal and made of other metal.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 5.  Articles not permitted to be handled

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

Subchapter 2 Marks on Article of Precious Metal  

§ 6.  Marks used on article of precious metal

 (1) Marks used on an article of precious metal are:
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 1) compulsory marks without which the article of precious metal may not be offered for sale or transferred for a charge;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 2) voluntary marks which, in the cases and in accordance with the rules provided in this Act, may be affixed to the article of precious metal;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3) marks not regulated by this Act (hereinafter other marking).
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) Sponsor’s marks and fineness marks of undertakings manufacturing articles of precious metal in Estonia (hereinafter manufacturer) or undertakings importing articles of precious metal into Estonia (hereinafter importer) are compulsory marks.

 (3) Control marks are voluntary marks.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (4) Compulsory marks prescribed by this Act need not be affixed to an article of precious metal marked pursuant to legislation in a State Party to the European Economic Area Agreement or in Turkey with marks having a meaning identical to the one of sponsor’s marks and fineness marks.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (5) Other marking is permitted on an article of precious metal if the marking, due to its shape or location, does not reduce the visibility, legibility or understanding of the meaning of the marks specified in subsections 2 to 4 of this section.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (6) Compulsory and voluntary marks affixed to an article of precious metal must be clearly legible and, as for the shape, the marks must conform to the requirements of this Act and legislation established on the basis thereof and, as for the shape and the manner of wearing, the marks must conform to the sponsor’s mark entered in the state register of sponsor’s marks. If compulsory marks prescribed by this Act have not been affixed to an article of precious metal, the marks specified in subsection 4 of this section must be clearly legible.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

§ 7.  Marking with compulsory marks

 (1) Marking an article of precious metal with compulsory marks must be ensured by the manufacturer or the importer of the article of precious metal.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (3) An article of precious metal is marked with compulsory marks if the article bears:
 1) the sponsor’s mark and fineness mark of the manufacturer or the importer or
 2) the combined sponsor’s mark and fineness mark of the manufacturer or the importer (hereinafter combined sponsor’s and fineness mark).

 (4) An article of precious metal to which, due to its small size, both the sponsor’s mark and the fineness mark or the combined sponsor’s and fineness mark cannot be affixed, may bear only the fineness mark.

 (5) A list of articles of precious metal which may be offered for sale or transferred for a charge without compulsory marks because of an already existent marking or because marking is not permitted or purposeful for technical, esthetical or other reasons and the requirements for attestation of the conformity of the fineness marks of precious metal used for the manufacture of the articles included in the list is established by the Government of the Republic or, on the authorisation thereof, by the minister in charge of the policy sector by a regulation.

§ 8.  Sponsor’s mark

 (1) A sponsor’s mark is a permanent mark affixed to an article of precious metal which indicates the manufacturer or the importer who is responsible for the conformity of the article of precious metal.

 (2) A letter, combination of letters or a symbol which is clearly distinguishable from the sponsor’s marks of another manufacturer or importer and which is entered in the state register of sponsor’s marks may be a sponsor’s mark.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (3) A manufacturer or an importer may use the registered trade mark thereof as a sponsor’s mark if the mark complies with the requirements specified in subsection 2 of this section and has been entered in the state register of sponsor’s marks.

 (4) An importer may register, for the purposes of the sponsor’s mark of the importer, the sponsor’s mark of the undertaking which manufactured the imported article of precious metal (hereinafter sponsor’s mark of the importer) if the undertaking has granted the written consent thereof for entry of the sponsor’s mark in the state register of sponsor’s marks in such manner.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

§ 9.  Fineness mark

 (1) A fineness mark is a permanent mark affixed to an article of precious metal which indicates the precious metal used for the manufacture of the article of precious metal and its standard of fineness.

 (2) The shape of fineness marks is different for different precious metals. The shape of fineness marks and combined sponsor’s and fineness marks and the procedure for the marking of articles of precious metal with sponsor’s marks and fineness marks or with combined sponsor’s and fineness marks are established by the Government of the Republic or, on the authorisation thereof, by the minister in charge of the policy sector by a regulation.

§ 10.  Control mark

 (1) A control mark is a permanent mark affixed to an article of precious metal by which a company operating in the field of attestation of the conformity of precious metal fineness marks to the standard (hereinafter precious metal assayer) attests that the fineness of precious metal used for the manufacture of the article of precious metal conforms to the standard.

 (2) A control mark is the Estonian assay mark. A mark with the image of the lion passant guardant in an oval hollow is a control mark.

 (3) A control mark is deemed to be affixed to an article of precious metal if the article bears:
 1) a control mark; or
 2) a control mark together with a fineness mark (hereinafter combined fineness and control mark).

 (3¹) A control mark is deemed to be affixed to an article of precious metal if in a State Party to the European Economic Area Agreement or in Turkey a control mark of the relevant country is affixed on the article by a duly authorised independent person and negative error of the standard of fineness is not permitted in that country.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (4) The procedure for the analyses and marking with control marks of articles of precious metal is established by the Government of the Republic or, on the authorisation thereof, by the minister in charge of the policy sector by a regulation.

§ 11.  Date letter

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

Subchapter 3 State Register of Sponsor’s Marks  

§ 12.  General principles of operation of state register of sponsor’s marks

 (1) The purpose of the state register of sponsor’s marks is to:
 1) preserve data concerning the sponsor’s marks of manufacturers and importers;
 2) enable processing of data concerning sponsor’s marks entered in the register;
 3) preserve sample imprints and comparison imprints of the sponsor’s marks submitted to the register;
 4) enable the comparison of sponsor’s marks affixed to articles of precious metal with sample imprints and comparison imprints of the sponsor’s marks maintained in the register.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (2) The state register of sponsor’s marks is established, the statutes for maintenance of the register are established, and the controller and processor of the register are appointed by the Government of the Republic in accordance with the rules provided in the Public Information Act.

§ 13.  Registration application

  An undertaking who wishes to enter its sponsor’s mark in the state register of sponsor’s marks must submit to the processor of the state register of sponsor’s marks a written application which sets out:
 1) an application for the registration of the sponsor’s mark;
 2) a magnified image of the sponsor’s mark on paper on a scale of 20:1, or electronically.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 14.  Application for registration of sponsor’s mark

 (1) An application for the registration of a sponsor’s mark must contain the following information:
 1) the name and registry code of the undertaking, the name of the corresponding register, and the address and other contact details of the undertaking;
 2) the clearly worded content of the application;
 3) the date of submission of the application, and signature;
 4) the name, official title and contact details of the person who signed the application.

 (2) An undertaking who submits a registration application is liable for the correctness of the information submitted thereby to the state register of sponsor’s marks.

§ 15.  Register entry

 (1) A register entry is made in the state register of sponsor’s marks on the basis of a registration application submitted by an undertaking on the condition that:
 1) the application for the registration of a sponsor’s mark complies with the requirements;
 2) the design of the sponsor’s mark of the undertaking which submitted the registration application is clearly distinguishable from the sponsor’s marks of another manufacturer or importer entered in the register;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3) the undertaking which submitted the registration application has paid the state fee; and
 4) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) If the requirements specified in clauses 1–3 of subsection 1 of this section are fulfilled, the processor of the state register of sponsor’s marks registers a registration application within seven working days after the receipt of the application and notifies of the registration, by post or by electronic means, the undertaking which submitted the registration application. If a requirement specified in clause 1, 2 or 3 of subsection 1 is not fulfilled, the processor of the register designates a period of time of no less than two weeks for the undertaking to eliminate the deficiencies.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (3) [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (4) Information to be entered in the state register of sponsor’s marks (hereinafter registration information) is:
 1) the registration number;
 2) the registration date;
 3) the name and registry code of the undertaking, the name of the corresponding register, and the address and other contact details of the undertaking;
 4) the image of the registered sponsor’s mark.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (5) [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (6) A notice of registration is forwarded by post or by electronic means to the undertaking which submitted a registration application no later than on the working day following the date of making the register entry.

 (7) The registration information specified in subsection 4 of this section is published on the website of the state register of sponsor’s marks.

 (8) The processor of the state register of sponsor’s marks makes official extracts from the registration information regarding an undertaking if the undertaking so requests.

§ 16.  Refusal to register

 (1) Registration is refused if:
 1) an application for the registration of a sponsor’s mark does not comply with the requirements and the period of time designated for the elimination of deficiencies therein has expired;
 2) the design of a sponsor’s mark of the undertaking which submitted a registration application is identical with or confusingly similar to a sponsor’s mark of another manufacturer or importer already entered in the state register of sponsor’s marks and the period of time designated for the elimination of deficiencies therein has expired;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3) the undertaking which submitted a registration application has not paid the state fee.
 4) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) A reasoned notice concerning refusal to register is sent by post or by electronic means to the undertaking which submitted a registration application no later than on the working day following the date of making the decision to refuse registration.

§ 17.  Registration application of sponsor’s mark of importer

  [RT I 2008, 3, 23 – entry into force 15.04.2008]

 (1) In the case provided in subsection 4 of § 8 of this Act, an importer must submit to the processor of the state register of sponsor’s marks an application which sets out:
 1) an application for the registration of the sponsor’s mark of the importer;
[RT I 2008, 3, 23 – entry into force 15.04.2008]
 2) a magnified image of the sponsor’s mark of the manufacturer of imported articles of precious metal on paper on a scale of 20:1, or electronically;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3) a document certifying that the manufacturer of imported articles of precious metal agrees to the entry of the sponsor’s mark thereof in the state register of sponsor’s marks as a sponsor’s mark of the importer.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (2) An application for the registration of a sponsor’s mark of an importer must set out the following information:
 1) the name and registry code of the importer, the name of the corresponding register, and the address and other contact details of the importer;
 2) the clearly worded content of the application;
 3) the name of the holder of the sponsor’s mark;
 4) the date of submission of the application, and signature;
 5) the name, official title and contact details of the person who signed the application.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (3) [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 18.  Register entry concerning sponsor’s mark of importer

 (1) The requirements of §§ 15 and 16 of this Act apply to the procedure for registration of a sponsor’s mark of an importer, taking into account the specifications provided in subsections 2 and 3 of this section.

 (2) A register entry is made concerning the sponsor’s mark of an importer in the state register of sponsor’s marks on the basis of a registration application submitted by an undertaking on the condition that:
 1) the application for the registration of a sponsor’s mark complies with the requirements;
 2) the undertaking which submitted the registration application has paid the state fee.
 3) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (3) In addition to the information specified in subsection 4 of § 15 of this Act, the name of the holder of the sponsor’s mark is entered in the state register of sponsor’s marks concerning the sponsor’s mark of an importer.

 (4) The registration of the sponsor’s mark of an importer is refused if:
 1) an application for the registration of a sponsor’s mark does not comply with the requirements and the period of time designated for the elimination of deficiencies therein has expired;
 2) the undertaking which submitted a registration application has not paid the state fee.
 3) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 19.  Deletion of registration information

 (1) Registration information entered in the state register of sponsor’s marks is deleted:
 1) on the basis of an application of an undertaking whose sponsor’s mark is entered in the register;
 2) if it becomes evident that an undertaking whose sponsor’s mark is entered in the register has submitted in the registration application of the undertaking inaccurate information which was relevant to the making of the registration.
 3) [repealed – RT I, 29.06.2014 – entry into force 01.07.2014]
 4) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) A reasoned notice concerning the deletion of registration information is communicated to the undertaking whose sponsor’s mark had been entered in the register by post or by electronic means no later than on the working day following the date of deletion of the registration information.
[RT I, 29.06.2014 – entry into force 01.07.2014]

 (3) The processor of the state register of sponsor’s marks preserves the registration information concerning sponsor’s marks deleted from the register on its webpage with a notation ‘ Registrist kustutatud’ [‘Deleted from the register’] within three years after the date of deletion of the registration information.

§ 20.  Obligation to confirm validity of registration

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

Subchapter 4 Import of Articles of Precious Metal  
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]

§ 21.  Right to manufacture and import articles of precious metal

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 22.  Registration application

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 23.  Registration procedure and registration information

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 23¹.  Obligation to preserve information

  An importer of articles of precious metal must have information on who is the holder of the sponsor’s mark affixed to the articles of precious metal imported by the importer and in which country is the sponsor’s mark registered, and the importer must submit the information at the request of a state supervisory authority.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

§ 24. – § 25. [Repealed – RT I 2004, 18, 131 – entry into force 15.04.2004]

Subchapter 5 Retail and Wholesale of Articles of Precious Metal  
[RT I 2004, 18, 131 - entry into force 15.04.2004]

§ 26.  Right of retail and wholesale of articles of precious metal

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 27.  Application to be submitted for obtaining right of retail and wholesale of articles of precious metal

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 28.  Registration procedure

  [Repealed – RT I, 29.06.2014 – entry into force 01.07.2014]

§ 29. – § 32. [Repealed – RT I 2004, 18, 131 – entry into force 15.04.2004]

§ 33.  Restrictions on retail of articles of precious metal

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 34.  Requirements for documents and for submission of information upon retail and wholesale of articles of precious metal

 (1) Upon retail of articles of precious metal, the seller must issue to the purchaser a document certifying payment for the article of precious metal, and upon wholesale, an accompanying document which allows for the identification of the article and contains at least the following information concerning the article of precious metal:
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 1) the name of the article of precious metal;
 2) the name and fineness of the precious metal used for the manufacture of the article of precious metal.
 3) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (2) The minister in charge of the policy sector may establish detailed requirements for the information to be submitted with respect to articles of precious metal upon sale of articles of precious metal.

 (3) The requirements established on the basis of subsection 2 of this section may also include requirements for information to be submitted with respect to crystalline or organic substances added to articles of precious metal.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

Subchapter 6 Other Requirements  

§ 35.  [Repealed – RT I 2008, 3, 23 – entry into force 15.04.2008]

§ 36.  Settlement upon import and wholesale of articles of precious metal

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 37.  Requirements for presentation of weight of article of precious metal

  [Repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 38.  Expert on articles of precious metal

 (1) An expert assessment by an expert on articles of precious metal may be conducted in order to ascertain the existence of defects which have occurred upon the use of an article of precious metal for its intended purpose, and to ascertain the reasons for the defects or the compliance and authenticity of the article of precious metal, its parts and the markings.

 (2) An expert on articles of precious metal must be impartial, adhere to the principles of equal treatment and be independent of the manufacturer, importer, seller and consumer of the article of precious metal appraised by the expert.

 (3) An expert on articles of precious metal must be competent and acquainted with the principles of the manufacture of articles of precious metal. The competence of an expert on articles of precious metal is deemed to be proved if:
 1) the expert is accredited to examine articles of precious metal by an accreditation body specified in clause 8 of subsection 2 of § 40 of this Act;
 2) the natural person who is an expert is certified for examinations by an undertaking accredited for the certification of personnel; or
 3) the natural person who is an expert has been employed for no less than 10 years as a jeweller or in a field of activity directly related to the manufacturing technology or examination of articles of precious metal.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

Chapter 3 ATTESTATION OF CONFORMITY OF PRECIOUS METAL FINENESS TO STANDARD OF FINENESS  

§ 39.  Attestation of conformity of precious metal fineness to standard of fineness

 (1) Attestation of the conformity of a precious metal fineness mark to the standard means proceedings in the course of which a precious metal assayer analyses the precious metal content of the alloy used for the manufacture of the article of precious metal and attests the conformity of the alloy to the standard with a control mark affixed to the article.

 (2) The bases for the price formation of services related to attestation of the conformity of a precious metal fineness mark to the standard of fineness must be objective, transparent and non-discriminatory, and the prices must be such as to ensure that the justified costs related to attestation of the conformity of a precious metal fineness mark to the standard of fineness are covered and that a reasonable profit is ensured for the precious metal assayer.

§ 40.  Precious metal assayer

 (1) A precious metal assayer is a company which performs the acts of attestation of the conformity of a precious metal fineness mark to the standard of fineness. The said company is an undertaking enjoying exclusive rights for the purposes of the Competition Act.

 (2) A precious metal assayer must comply with the following requirements:
 1) the company, members of the management board and supervisory board of the company and the employee responsible for attestation of the conformity of a precious metal fineness mark to the standard of fineness must not engage in the manufacture, import, offer for sale on a wholesale or retail basis or transfer for a charge of articles of precious metal within the scope of application of this Act;
 2) the employees of the company must have received necessary training and have the necessary education and experience for their work;
 3) the company must possess means which enable the acts related to attestation of the conformity of a precious metal fineness mark to the standard to be performed in compliance with the requirements;
 4) the company must set prices for the services of attestation of the conformity of a precious metal fineness mark to the standard pursuant to subsection 2 of § 39 of this Act;
 5) the company and its employees must perform the acts related to the attestation of the conformity of a precious metal fineness mark to the standard in a competent, impartial and non-discriminatory manner and must be independent of any influence which could affect their decisions;
 6) remuneration of the employees of the company may not depend on the number of articles of precious metal which are control marked;
 7) the company must ensure that its employees maintain the confidentiality of information of which they become aware in the performance of their official duties, unless the disclosure of such information is prescribed by law;
 8) the testing laboratory of the company must be accredited to analyse precious metals by an accreditation body meeting the requirements of Regulation (EC) No. 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 (OJ L 218, 13.8.2008, pp. 30–47).
[RT I 2010, 31, 158 – entry into force 01.10.2010]

§ 41.  Liability insurance of precious metal assayer

  In order to ensure that damage caused by a precious metal assayer is compensated for, the precious metal assayer must enter into a liability insurance contract according to the following conditions:
 1) the insurer is a company holding a licence to provide insurance in Estonia;
 2) the contract covers damage caused by the precious metal assayer in the course of attestation procedure and damage caused by persons for whose activities the precious metal assayer is liable pursuant to law;
 3) the minimum amount of sum insured for one insured event must be at least 6,390 euros. Liability for intentional breach of official duties need not be insured;
[RT I 2010, 22, 108 – entry into force 01.01.2011]
 4) in the case of excess policy, the insurer must compensate for the full amount of the damage and claim the excess from the policyholder.

Chapter 4 STATE SUPERVISION AND LIABILITY  
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

Subchapter 1 State Supervision  
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 42.  State supervision

  [RT I, 13.03.2014, 4 - entry into force 01.07.2014]

 (1) Supervision over compliance with the requirements provided in this Act, except for the requirements pertaining to the import of articles of precious metal, is exercised by the Consumer Protection and Technical Regulatory Authority.
[RT I, 12.12.2018, 3 - entry into force 01.01.2019]

 (2) In addition to that provided by subsection 1 of this section, supervision is exercised, according to their competence, by the following law enforcement agencies:
 1) the Tax and Customs Board over compliance with the requirements pertaining to the import of articles of precious metal;
 2) a rural municipality or city government, in the case of engagement in the area of activity of service within its administrative territory, over compliance with the requirements pertaining to the manufacture of articles of precious metal and the retail of articles of precious metal.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 43.  Special state supervision measures

  For the performance of state supervision provided by this Act, a law enforcement agency may apply the special state supervision measures provided in §§ 30, 31, 32, 49, 50 and 51 of the Law Enforcement Act on the grounds of and in accordance with the rules provided by the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 43¹.  Specifications of state supervision

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]

 (1) On the conditions provided by § 50 of the Law Enforcement Act, a law enforcement agency may enter:
 1) in the presence of the handler of articles of precious metal or a representative of the handler, the buildings and premises where articles of precious metal are stored, offered for sale or transferred for a charge;
 2) in the presence of a representative of the precious metal assayer, the buildings and premises where articles of precious metal are assayed.

 (2) A law enforcement agency may:
 1) prohibit the offer for sale and transfer for a charge of articles of precious metal that do not meet the requirements of this Act and the marking thereof as an article of precious metal;
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 2) demand that articles of precious metal are rendered unfit for sale or are exported from Estonia;
 3) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3¹) prohibit the offer for sale and transfer for a charge of articles of precious metal which have not been properly marked;
[RT I, 29.06.2014 – entry into force 01.07.2014]
 4) take samples of precious metal articles without charge and order, to assess their conformity, analyses from a person whose testing laboratory is accredited to analyse precious metals by an accreditation body specified in clause 8 of subsection 2 of § 40 of this Act, and order expert assessments from experts on articles of precious metal.

 (3) The law enforcement agency covers the costs of analyses or expert assessments ordered in order to assess the conformity of a sample of an article of precious metal taken according to clause 4 of subsection 2 of this section, and compensates for the cost of the article of precious metal or returns the article of precious metal in an unaltered condition if according to the results of the analysis or the expert assessment the article of precious metal taken as a sample conforms to the requirements. If according to the results of the analysis or the expert assessment the article does not conform to the requirements, the law enforcement agency returns the article of precious metal which proved not to conform to the requirements in a condition which makes it unfit for sale, and the documented costs of the law enforcement agency must be compensated for by the undertaking liable for the conformity of the article of precious metal.
[RT I, 29.06.2014 – entry into force 01.07.2014]

§ 44.  Duties of supervisory authority

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 45.  Rate of non-compliance levy

  [RT I, 13.03.2014, 4 – entry into force 01.07.2014]
Upon failure to comply with a precept, the upper limit of non-compliance levy imposed in accordance with the rules provided in the Substitutional Performance and Non-Compliance Levies Act is 9,600 euros.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 46.  Challenge of precept or act

  [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Subchapter 2 Liability  

§ 47.  Violation of requirements for offer for sale and transfer for charge of articles of precious metal

  [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 48.  Forgery and misuse of sponsor’s marks

 (1) Forgery of a sponsor’s mark of the manufacturer or importer of articles of precious metal and use thereof on material not corresponding to the mark for the purpose of transfer of the articles for a charge
is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3,200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 49.  Violation of requirements for marking of articles of precious metal

  [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 50. – § 53. [Repealed – RT I 2004, 18, 131 – entry into force 15.04.2004]

§ 54.  Procedure

  The body conducting extra-judicial proceedings concerning the misdemeanour provided in § 48 of this Act is, according to its competence:
 1) the Consumer Protection and Technical Regulatory Authority.
[RT I, 12.12.2018, 3 - entry into force 01.01.2019]
 2) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]
 3) [repealed – RT I, 30.04.2024, 2 – entry into force 10.05.2024]

Chapter 5 IMPLEMENTING PROVISIONS  

§ 55.  Transitional provisions

 (1) An activity licence issued on the basis of subsections 1 to 5 of § 5 of the Precious Metal Products Assay Act and a certificate of registration of the Assay Office of Estonia issued on the basis of subsections 8 and 9 of the same section are valid until their holder has been entered in the register of economic activities, but no longer than until the date indicated on the activity licence and certificate of registration.

 (2) The sponsor’s mark of a manufacturer which according to subsection 1 of § 8 of the Precious Metal Products Assay Act was registered in the Assay Office of Estonia are entered in the state register of sponsor’s marks only on the basis of a registration application submitted by the corresponding manufacturer. Entry of sponsor’s mark registered in the Assay Office of Estonia into the state register of sponsor’s marks is exempt from state fees.

 (3) Articles of precious metal which are marked with a control mark according to § 9 of the Precious Metal Products Assay Act before the entry into force of this Act may be offered for sale and transferred for a charge without marking them with a sponsor’s mark of the importer.
[RT I 2008, 3, 23 – entry into force 15.04.2008]

 (4) In order to grant an exclusive right specified in subsection 1 of § 40 of this Act, a public competition is organised within one year after the entry into force of this Act pursuant to the procedure provided by the Competition Act. Until the exclusive right is granted on the basis of the results of the public competition, the Government of the Republic grants the exclusive right to act as a precious metal assayer on the proposal of the minister in charge of the policy sector.

 (5) The operation of the state register of sponsor’s marks established on the basis of subsection 2 of § 12 of this Act will be discontinued on 1 July 2025 and the data, collection of objects and archive will be given to the Consumer Protection and Technical Regulatory Authority.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

 (6) As of 1 July 2025, sponsor’s marks entered in the state register of sponsor’s marks will be considered as sponsor’s marks registered in the Consumer Protection and Technical Regulatory Authority supervision information system established on the basis of subsection 2 of § 12 of the Equipment Safety Act.
[RT I, 30.04.2024, 2 – entry into force 10.05.2024]

§ 56. – § 57. [Omitted from this text.]

§ 58.  Entry into force of Act

  This Act enters into force on 15 April 2004.
[RT I 2003, 75, 500 – entry into force 15.04.2004]