Trade practice and consumer protection proclamation No.685/2010

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Proclamation No. 685/2010
(Year No. 49 ADDIS ABABA 16th August, 2010)

Whereas, it is necessary that commercial activities must be undertaken in accordance with appropriate practices based on free market economic policy of the country;
Whereas, it is desirable to protect the business community from anti-competitive and unfair market practices, and also consumers from misleading market conducts, and to establish a system that is conducive for the promotion of competitive market;
Whereas, it is necessary to prevent the proliferation of goods and services that endanger the health and well being of consumers, following the expansion of commercial activities, and to ensure their safeness and suitableness to human health in a sustainable manner, and to create the possibility that consumers get goods and services equivalent to the price they pay;
Whereas, it is found important to determine the powers and duties of organs that will be in charge of the responsibility to carry on executive and judiciary activities in order to ensure the implementation of this Proclamation;
Now therefore, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows:
This Proclamation may be cited as “Trade Practice and Consumers’ Protection Proclamation No. 685/2010.”
In this Proclamation, unless the context otherwise requires:
1/ “Basic Goods or Services” mean goods or services related to the daily need of consumers, the shortage of which in the market may lead to unfair trade practice;
2/ “Basic Public Utilities” means utilities such as water, electricity, telephone and the like;
3/“Authority” means Trade Practice and Consumers Protection Authority established pursuant to Article 31 of this Proclamation;
4/ “Consumer” means a natural person who buys goods and services for his personal or family consumption, where the price is being paid by him or another person and not for manufacture or resale;
5/ “Business Person” means any person who professionally and for gain carries on any of the activities specified under Article 5 of the Commercial Code, or who dispenses services, or who carries on those commercial activities designated as such by law;
6/ “Commercial Activity” means any activity carried on by a business person as defined under sub article (5) of this Article;
7/ “Essential Facility” means an infrastructure or resource that cannot easily or reasonably be found, and which is very important to competitors in order to supply their goods and services to their customers;
8/ “Goods“ means movable commodities that are being purchased or sold or leased or by which any commercial activity is conducted between persons except monies in any form and securities;
9/ “Minister” or “Ministry” means the Minister or the Ministry of Trade and Industry;
10/ “Person” means any natural or juridical per son;
11/ “Service” means any commercial dispensing of service for consideration other than salary or wages;
12/ “Unfair Trade Practice” means any act in violation of provisions of trade related Laws;
13/ “Bureau” means regional state trade and industry bureau or another appropriate bureau;
14/ “Importer” means any person who imports goods from abroad via land or sea or air into Ethiopia;
15/ “Exporter” means any person who exports goods abroad via land or air or sea from Ethiopia;
16/ “Wholesaler” means any person who sells goods to a retailer after buying them from a manufacturer or an importer, or when a manufacturer or an importer sells goods to a retailer or to a wholesaler is considered to have been engaged in wholesale business.
17/ “Retailer” means any person who sells goods to consumers or users after buying them from a wholesaler or a manufacturer or an importer, or when a wholesaler or a manufacturer or an importer sells goods to consumers or users is considered to have been engaged in retail business;
18/ “Anti Competitive or Acts Restricting Market Competition” means acts limiting the competitive capacity of other business persons in commercial activities through acts of putting business persons engaged in selling similar goods and services at loss by reduction of prices or through acts of taking over of businesses and technologies of business persons engaged in similar businesses or through act of restricting the entry of other business persons in to market or through acts of restricting the suppliers of goods and services from determining their selling prices or through the tying of the sale of certain goods and services with the sale of other unlike goods and services by limiting the choices of consumers or users or are the acts prohibited under Articles 5, 11, 15 and 21 of this Proclamation and the like;
19/ “Manufacturing Activity” includes any formulation, alteration, and assembling and prefabrication activity carried on by an industry;
20/ “Regulation” means regulation issued to implement this Proclamation;
21/ “Public Enterprise” means an enterprise established in accordance with Public Enterprises Proclamation № 25/1992 or a business organization whose shares are totally owned by the federal government or public enterprise established by a regional state;
22/ any expression in the masculine gender includes the feminine.

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