In response to the article published in ‘’Civilnet.am’’ website on 30.08.2018 and entitled ‘’Paints, office furniture and equipment: RA SCPEC does not comment on non-target purchases”, we inform that the article contains some inaccuracies, therefore it is necessary to clarify the following:
The basis for the study of paints acquired by the Commission during the test purchase was the article published in ‘’a1plus.am’’ website on 19 October, 2016, entitled “Using lead-rich paints, people endanger their health”, in which, in particular, it was noted that the lead content in most of the paints sold in the Republic of Armenia exceeds international standards. In addition to the fact that consumers are not informed about this, since there is no corresponding marking on the presence of lead, such method of working may damage the activities of more bona fide economic entities whose products or imported products meet all standards and are properly labelled.
The Commission’s hotline received a message, as well as there were also several reports on “Armenia” TV channel on program “Sur ankyun”. Above mentioned publications and message provided the basis for the study. Considering the fact that no violations were found in the result of study, therefore the information about this study was not included in the report on annual activity program of the Commission. In its annual activity report the Commission usually includes information on studies and administrative proceedings in which violations or certain problems have been identified. Including such cases in reports also contributes to raising the public awareness.As for the argument mentioned in the article that 41 packing of paint remain at the disposal of the Commission, this is completely disinformation, since these paints were sent for expertise (all relevant documents are available).
We consider it necessary to pay attention to the decision of the Commission number 192-N dated May 23, 2011, which was only partially quoted by the author. Thus, according to the abovementioned decision, ‘’the methods of disposing of goods acquired in the result of test purchases are determined by the order of disposal of goods acquired in the result of test purchases. Particularly, paragraph “a” of sub point 1 point 8 of above mentioned regulation defines one of the ways for disposing of these goods, according to which, if there is no longer a need to use these goods purchased as a result of a test purchase, or the expiry date of these goods has expired in accordance with sanitary standards and rules, they are given to the disposal of Commission’s Staff. If these products retained their qualities and are subject to further use, so they are recorded in the balance sheet of the Commission’s assets. We consider it necessary to note also that the Commission carried out the aforementioned test purchases in accordance with the RA Law on the Protection of Economic Competition in order to prevent, restrict and give warning of violation of competition legislation, consequently, the Commission used the funds allocated from the state budget effectively.It is also mentioned in the article that “according to the data provided to Civinet by SCPEC RA, 12 pieces of equipment were transferred to the Charity Program Coordination Commission. However, two pieces of equipment disappeared during the receipt and transfer since the response of the Charity Program Coordination Commission noted that they received only 10 pieces of equipment. ”
In this regard, we consider it necessary to clarify that, as previously was informed to the Civilnet, the Commission handed over 12 pieces of equipment to the Charity Program Coordination Commission, but not at one time.
Two pieces of equipment were transferred to the RA Government’s Charity Program Coordination Commission on June 12, 2018, since these two products were purchased from Venus-El LLC, administrative proceedings were instituted and above mentioned goods were material evidence within the administrative proceedings. On March 30, 2018 the Commission decided to impose a liability measure on the company. The company received this decision on April 7, 2018. Based on the period of limitation for filing an appeal in administrative (10 days) and judicial (2 months) procedures, the Commission handed over the goods to the RA Government’s Charity Program Coordination Commission after the expiry of the term established by the law (after the expiration of the need to use the goods as evidence). (There are documents of receipt and transfer).
Thus, the review of the author of the article, that 2 points of equipment “disappeared” is disinformation. For the implementation of control purchases the Commission was provided with two million drams from the state budget, which were always used purposefully to identify, prevent and limit violations of competition legislation provided for by the RA Law.