The code of advertising practice (hereinafter “Code/the Code”) drawn up by RAC, was conceived as a set of ethic rules which must be observed by everybody involved in the advertising field and in any form of commercial communication, so as to ensure correct, honest and decent communication, complying with the national laws and with the advertising and commercial communication practice principles formulated by the International Chamber of Commerce, recognized at an international level, both in terms of form and of contents.
 
The provisions of this Code apply both to advertising and to any other form of commercial communication.
  
The Romanian Advertising Council (RAC) is a self-regulatory body in the advertising field, established with the purpose to develop the advertising activity in Romania, aiming to ensure fair play, consumers’ protection and general public interest against the possible negative consequences of advertising, in the spirit of article 21 of the Advertising Law no 148/2000.
All RAC members recognize the Code and accept to observe the ethical self-regulatory norms imposed in the Code, not to produce and not to accept any commercial communication that would violate the Code; at the same time, they agree to stop or withdraw such advertising when the Ethic Committee decides it is not in line with the Code’s rules.
All RAC members will do their best to encourage the other actors in the field of advertising in Romania to observe the aims and specific provisions of this Code.

a) Definitions
ADVERTISING AGENCY: Any natural or legal entity providing services in various fields of commercial communication (creation, media planning/acquisition, research, consulting, etc.).
MARKETER: Any natural or legal entity directly or indirectly promoting products, services, rights, obligations, companies, brands, emblems a.s.o..
ETHIC COMMITTEE: RAC organizational structure whose members, responsibilities and attributions are defined in Art. 36 of the Code.
TECHNICAL COMMITTEE: RAC organizational structure whose members, responsibilities and attributions are defined in Art. 47 of the RAC Statute.
COMMERCIAL COMMUNICATION: Advertising or other manner of transmitting information, used by the marketer in order to inform or influence the consumer’s behaviour, irrespective of the broadcasting media used, including promotion, sponsorship, direct sales and point of sale advertising.
CONFLICT OF INTERESTS: The case in which a member of the Ethic Committee represents entities which manufacture, distribute and/or represent products of categories which are identical or similar to those which make the object of the notification, or has an interest of patrimonial nature, or an interest which might influence the objective execution of their tasks.
CONSUMER: Any natural or legal entity exposed to a certain form of commercial communication.
CHILDREN: In the sense of the present Code, any persons up to 12 years of age.
TESTIMONIALS: Communications containing references to persons, to private life, promoting the product by referring to personal usage and experience.
INTIMATION: An official document, a complaint or a request referring to any form of commercial communication.
OPERATOR: The word “operator” refers to any person, enterprise or company, except the marketer, offering a direct marketing service for or on behalf of the marketer.
PRODUCT: Anything becoming a subject of the commercial communication, including services, methods, treatments and so on.
SECRETARIAT: The permanent executive staff of RAC.
SUBSTANTIATION: Evidence in support of advertising claims or the argumentation of an intimation, referring to the infringement of the Code, or raising a problem that requires investigation.
   
Any other definition used in order to interpret this Code is to be in accordance with the industry practice and the legal rules and regulations.
   
b) Scope of the Code
(1) The Code applies to:
• communications via audiovisual media, including cinema and video;
• printed communications published in newspapers, magazines, brochures, leaflets, circulars, catalogues, and the like;
• communications in other media, posted in public spaces, including moving images;
• commercial communications on wrappings and on other promotional materials;
• communications in electronic media of processing and transmission of information, including fixed and mobile telephony, online communications (e.g. e-mails, banners, pop-ups and other similar elements).
   
(2) The Code does not apply to:
• communications for educational purposes or for raising awareness on issues of general public interest, when they are not applied/initiated for the marketer’s commercial interest;
• communications related to medical products and treatments when they are addressed to professionals (doctors, vets, etc.);
• editorial content;
• communications produced by public authorities of the state;
• works of art exhibited in public or private;
• political communications, as they are defined under art. 16.
 
c) Purpose of the Code
The Code has the aim to ensure that advertising, in the course of its particularly positive role in the economy, is carried out as a service to the public taking into account its influence on the consumer.
 
The Code defines those activities that, though in compliance with current legislation, could conflict with the above mentioned aims; the rules of the Code constitute the legal basis of advertising self-regulation.
   
d) Subjects of Advertising
The subjects of this Code are marketers, advertising agencies, media entities, associations. They are jointly liable for any breach of this Code.
     
e) Obligations of Members
RAC members must fully accept the Code, act according to it, observe it and be fully liable for their actions, in compliance with the rules of the Code.
   
f) Obligations of Member Associations
RAC member associations commit themselves to abide by the rules of the Code and to recommend individual members to act according to the RAC Code.
   
g) Acceptance Clause
If either the sponsoring organization or the sponsored company is a member of RAC, both of them are responsible for the development and promotion of advertising in accordance with the Code.
   
h) Interpretation Criteria
The following criteria are to be applied when interpreting the Code:
• RAC's interpretation of the Code is final;
• the Code is indivisible; RAC members must observe all its provisions;
• the Code does not have the force of law and its interpretation will reflect its flexibility;
• the Code does not apply on matters covered by the law, it operates alongside the law, ensuring the integrity and honesty of communications;
• no spoken or written communication of RAC members or non-members must be understood as legal advice or as a substitute for legal advice;
• the Code will not be interpreted or used in order to diminish freedom of speech.
   
CHAPTER I - BEHAVIOR RULES

Art. 1 – Legality
Marketers must make sure that advertising complies with the law, that it does not contain any elements that break the law, that it does not incite anyone to break the law and that it does not leave out any requirement of the law.
   
Art. 2 – Fairness in Advertising
2.1 - Advertising must be honest, truthful, correct and decent. It must avoid any element that might bring advertising into disrepute.
   
2.2 – Advertising must not exploit the credulity, the lack of knowledge or experience of consumers.
   
2.3 – Advertising design and presentation must allow for it to be clearly and easily understood. When footnotes are used, they must be visible, have an adequate size, be readable and be displayed for a period of time long enough so as to allow reading.
   
2.4 – Advertising must avoid any statement or representation that might mislead consumers, including by omissions, suggestions, ambiguity or exaggeration, particularly in terms of:
a) the characteristics and effects of a product, such as: its nature, composition, manufacture method or date, usage domain, efficiency and performance, quantity, geographical and commercial origin, impact on the environment, etc;
b) the value of the product and the total price paid by the consumer;
c) terms of delivery, change, return, reparation and maintenance of the product;
d) terms of guarantee;
e) industrial and intellectual rights, such as: patents, trademarks, designs and models, commercial names, etc;
f) conformity with standards;
g) official recognition or approval, awards such as medals, prizes and diplomas;
h) contribution to sustaining charitable, social, cultural actions, etc.
 
2.5 – Advertising must not be hidden or subliminal.
   
2.6 – Marketers must ensure that advertising messages are designed and presented in such a way that that they can be recognized as such.
 
Art. 3 – Terminology, Quotations, Technical and Scientific Tests, Statistical Data
Advertising must:
a) use the terms, quotations and references to scientific and technical tests in an appropriate and correct manner, that can be proved and substantiated throughout the communication;
b) present statistical data without exaggerating the validity of the information about the product;
c) use the scientific vocabulary and terminology so as not to falsely suggest that the claim about the product is scientifically grounded.
 
Art. 4 – Testimonials
4.1 – Advertising must not contain or refer to testimonials, recognitions or supporting documentation unless these are authentic, verifiable and relevant.
 
4.2 – In commercial communications there must not be used testimonials and recognitions which expired or which mislead due to the lapse of time.
   
Art. 5 – Guarantees
Advertising must not falsely claim or suggest that the guarantee or any other expression with the same meaning offers to the consumer any rights in addition to the ones provided for by the law.
   
Art. 6 – Substantiation
6.1 - The marketer must be able to substantiate the veracity of the data, descriptions, claims, illustrations and testimonials used in advertising.
   
6.2 - At request, this information must be made available to RAC immediately.
 
Art. 7 – Social responsibility
7.1 - Advertising must not contain any form of discrimination or offence based on social, political, race, nationality, sex, age, religion, origin, ethnics, disability or sexual orientation criteria.
   
7.2 – Advertising must observe all aspects of human dignity.
   
7.3 - Advertising must contain no statements or representations which might incite to moral or physical violence.
   
7.4 Advertising must avoid any message which might be considered as indecent, vulgar or repulsive from the point of view of common sense and of the sensitivity of consumers.
 
7.5 - Advertising must not offend the citizens' moral or civil beliefs.
   
7.6 - Advertising must avoid exploiting fear, suffering – except this is justified – and superstition.
   
7.7 – Advertising must not incite nor seem to support or encourage illicit or reprehensible behavior.
   
Art. 8 – Advertising Targeted at Children
8.1 - Advertising must not exploit children's credulity and lack of experience.
   
8.2 - Advertising must not minimize the information with respect to the skill level or the age necessary in order to use a product or its benefits.
   
8.3 – Advertising must not exaggerate the true dimension, value, nature, flexibility or performance of the product.
   
8.4 - In advertisements targeted at children, a product which is part of an ensemble must be clearly signaled as such, as well as the means to obtain the other elements of the ensemble.
   
8.5 – Price indications (for instance "only") must not give children a wrong perception of the actual value of a product.
 
8.6 – Advertising must not contain statements or representations that are likely to result in children’s physical, psychological or moral harm.
   
8.7 - Advertising must not present children in dangerous situations or engaged in activities which may damage them or the others.
   
8.8 - Advertising must not encourage children to carry out dangerous activities or have an anti-social behavior.
   
8.9 – Advertising must not undermine the authority, responsibility or social-cultural values of parents.
   
8.10 – Advertising must not encourage children to persuade their parents or other adults to buy products for them.
   
8.11 – Advertising which invites children to directly contact the marketer must explicitly contain the recommendation to obtain the approval or the parent or of other responsible adult.
   
8.12 - Advertising must not suggest that the possession or usage of a product would provide a child with a physical or social advantage over other children or that the lack of the respective product will have an opposite effect.
   
Art. 9 – Safety
9.1 – Except the cases when this is justified due to educational or social reasons, advertising must not contain descriptions or representations of dangerous practices or of circumstances displaying the failure to take safety or health measures, as they are defined by international standards.
   
9.2 – Usage instructions must include safety warnings and, wherever necessary, additional information.
   
9.3 – When products or activities involve a risk on safety, children must be represented supervised by an adult.
   
Art. 10 – Imitation, Confusion and Exploitation
10.1 – Advertisements must not clearly and deliberately copy or imitate other advertisements already on the market.
   
10.2 – Advertising must not exploit or use industrial and intellectual rights, such as: patents, trademarks, designs and models, commercial names, names or advertising campaigns of another firms, companies or institutions, or use elements which identify brands or products.
   
10.3 – If a product which may be identified as belonging to someone else is used in an advertisement, both parties must come to a previous agreement.
   
Art. 11 – Comparison
11.1 – Comparative claims are permitted in order to objectively, relevantly and verifiably illustrate technical and economic differences, the advantages and characteristics of advertised commodities.
   
11.2 – The selection criteria used for choosing the elements to be compared must be clear, and the compared elements must be correctly selected and representative, so that the party comparing them shall not attempt to obtain an unfair advantage.
    
11.3 – The comparative claims or representations of an advertising message must be made on condition the principles of fair play are observed and only when there is clear evidence to support them.
   
Art. 12 – Denigration
Denigration of other persons, organizations, companies, commercial and industrial activities, professions, products, marketing elements, or of other elements associated to them, even if not specifically mentioned, is prohibited.
   
Art. 13 – Variability
A message that is acceptable for a certain information medium or a certain product is not compulsorily generally acceptable, taking into account the different characteristics of advertising media and the large variety of products.
   
Art. 14 – Protection of Privacy
14.1 - Advertisements must not portray or refer to people – be these private or public - without their prior permission.
   
14.2 - No advertisement must refer to a person's property, in a way likely to convey the impression of a personal endorsement, without obtaining permission before.
    
Art. 15 – Identity and Identification
15.1 - The identity of the marketer or of the product must be obvious. This applies to commercial communications aimed to attract attention on subsequent communications, of the “teaser” type.
   
15.2 - When this is relevant, the commercial communication must include the marketer’s contact information.
   
15.3 - Advertising must be clearly differentiated, irrespective of its form or of the environment it is used in.
   
15.4 - When advertisements appear in mass media, with an editorial or news content, they must be represented so as to be recognized as such.
   
15.5 - Advertising must not be dissimulated as marketing research, market study, consumer study, etc.
   
Art. 16 - Protection of the Environment
No advertisement must encourage actions against the law or against the generally approved norms of environmental protection.
   
Art. 17 – Political advertising
The present Code does not refer in any respect to advertising whose aim is to influence the electorate during the local, national or international elections or during referendums.
   
Art. 18 – Exploitation of Goodwill
18.1 - Advertising must not exploit or use, without justification, the name, the initials, the logo and/or brands of other company or institution.
   
18.2 - Advertising must not exploit or use the good reputation of another company, brand, slogan, individual or institution, or of other marketing campaign, without previous agreement.

A) SALES SYSTEMS
   
Art. 19 – Prices
19.1 - If the price is quoted in an advertisement, it must refer to the product described or mentioned in that advertisement.
   
19.2 - If the duration of an offer and its price are not clearly specified, then the price must be maintained for a period of time correlated with the duration of the promotional campaign.
   
19.3 - Irrespective of the fact that the payment for an offer is to be made at once or in installments, the price and the terms of payment must be clearly specified in the offer, together with any additional fees (such as postage, delivery fees, etc.) and, whenever possible, the value of these fees.
   
Art. 20 – Free offers and prizes
20.1 - An offer may be described as free only if consumers pay no more than:
• the cost of participation to the promotion (such as: current postage, the cost of a normal-rate phone call, indicating the maximum length of the phone call, the fee for sending an e-mail or an SMS);
• the current mailing or delivery cost;
• the cost, including incidental expenses, of any travel of the consumer involved, if they are to collect the offer.
   
20.2 - The term “free”/”for free” or “gift” (when offered for free) may be used only provided that:
a) the offer does not involve any obligations;
b) the only payment obligation is related to the postage rates communicated by the merchant in advance;
c) in combination with the purchase of another product, it does not involve a rise of the price of the respective product, so as to totally or partially include the cost of the offer.
 
20.3 – The consumer’s liability as to such costs must be clearly specified and there must be no additional expenses for packaging and handling.
   
20.4 – In case there is an offer for a product and, in order to benefit from the offer, a certain number of products must be purchased, this information must be clearly indicated.
   
20.5 – If an offer refers to one or several products, only one of which is free, the consumer must clearly be informed which of the two products is free and for which one the consumer must pay for.
   
20.6 – “Trials” must not be described as free if the consumer must pay for the cost of returning the products, except when this is clearly mentioned in the offer.
   
20.7 – If, during promotions, products samples or gifts are distributed without being requested, the consumer must be told that they are not obliged to buy them or return them.
   
20.8 – Marketers must completely and clearly inform about the responsibility to pay income taxes according to the value of the prizes.
 
Art. 21 – Availability of Products
When the availability of one or of all promotional products is limited, marketers must make this clear in the respective communication.
 
Art. 22 – Credit Sales
22.1 - Advertising relating to credit sales must indicate the credit conditions clearly and in good faith.
 
22.2 – Any information needed by the consumer, in order for the latter to understand the cost, the interest and the terms of any credit, must be provided either in the offer or the moment the credit is offered.
 
Art. 23 – Distance Selling
23.1 – E-mail advertising must be clearly indicated as such, before the message is opened.
    
23.2 – Distance selling advertising must include the full name and address of the marketer (and of the supplier, if different).
   
23.3 - Distance selling advertising that require payment before the product is received and have written response mechanisms must also include the geographical address of the marketer (and of the supplier, if different). Advertising containing only telephone response mechanisms must include the telephone number of the marketer (and of the supplier, if different). For electronic payments, the conditions of secure payment must be specified.
   
23.4 – E-mail or mobile phone advertising must include the full name and valid address (for instance, an e-mail address) of the marketer, where consumers may send a request to unsubscribe from the database.
23.5 – Fax or automatic call advertising must include the full name and valid address or a free toll telephone number of the marketer, where consumers may send a request to unsubscribe from the database.
   
23.6 - Usage of telephone in commercial communication:
a) Received phone call – the operator calling a consumer must:
• immediately mention the name of the marketer the operator represents;
• clearly mention the purpose of the call;
• end the call politely when it becomes obvious that the speaker is not competent any longer, or when the speaker does not want to accept the call, or when the speaker is a child (except when the operator is granted an adult’s approval to continue the conversation);
Except the situations when the correspondent has expressly asked for something else, these calls must take place during the hours generally considered to be reasonable for the recipient of the call.
b) If an operator calls a consumer having a telephone which allows the recipient to identify the caller, the consumer must be able to identify the calling number;
c) For all phone calls – before the operator ends the call, they must make sure that the interlocutor is informed and aware of the agreement reached and of any actions which are to take place after the call comes to an end;
d) If the call does not lead to a sale but to a future contact with the marketer, the operator must inform the consumer of this;
e) if the information provided by the consumer is used for non-obvious purposes (a purpose which is not revealed), then the operator must explain this purpose to the consumer, in accordance with the regulations of personal data protection;
f) If the result of a call is an order, the consumer has the right to receive a confirmation in writing or on a durable support of the contract terms, in time, no later than the product delivery day or than the day the service supply starts. The confirmation must include all specified information related to the customer’s right to retire, to the identity of the seller and any other information relevant for distance selling, if applicable;
g) Monitoring, including recordings on magnetic support, of the telephone calls for commercial purposes must be carried out with adequate safety measures, so as to be able to check the contents of the conversation, to confirm a commercial transaction, for training and quality control purposes. Operators and consumers must be informed that the conversation might be monitored, the moment the conversation starts. No recordings will be made public without the previous acceptance of both interlocutors;
h) Persons whose phone numbers are not public must not be contacted via telephone for commercial purposes, unless the consumer has given the marketer their number for this purpose.
    
Art. 24 – Unsolicited Supply of Products
24.1 - Advertising associated with the practice of sending unsolicited goods to consumers, the latter having to subsequently pay for the products (inertia selling), including claims or suggestions made to the recipients, asking them to accept and to pay for such products, must be avoided.
   
24.2 - Advertising involving a response consisting in an order involving payment (e.g.: apparition in a publication) must be clearly expressed.
   
24.3 - Advertising involving an order must not be presented in a form which may be mistaken for an invoice, or falsely suggesting a due payment.
    
Art. 25 – Special and Promotional Activities
25.1 - Special sales advertising and, in particular promotional sales advertising, must clearly specify the advantage of that purchasing opportunity, as well as the validity of the offer. This last indication is not required on the packaging.
   
25.2 – Advertising for one-day special and promotional sales, for business opportunities and other similar must contain the full name and geographical address where the promotional sales take place.
   
25.3 – Promotional advertising, consisting of either contests or special offers, must inform the public, in a clear and accessible manner, about the conditions of participation and expiry dates and in the case of contests, the award conditions, media or location where the results are announced must be indicated.
   
Art. 26 – Product Placement
The practice of product placement recognizes and accepts the following methods of using products: background, handling (actors touch the product), implicit exposure (actors use the product), wardrobe (actors wear the product), verbalizing (actors mention the product or the brand), verbalizing ad handling (actors mention and touch the product).
   
B) CATEGORIES OF PRODUCTS
   
Art. 27 – Alcoholic Drinks
27.1 - Advertisements for alcoholic drinks must not be in contrast with the need of providing models of consumption that encourage moderation, correctness and responsibility.
   
27.2 - Advertising must particularly avoid:
• encouraging an excessive and uncontrolled consumption of alcoholic drinks;
• representing situations of unhealthy attachment to the product, and generally of alcohol addiction;
• being directed to or representing underage persons, even if indirectly;
• associating the consumption of alcoholic drinks with car driving;
• persuading the public that consumption of alcoholic drinks gives clearness of mind and physical efficiency, or that the non-use of the product leads to physical and mental inferiority;
• indicating the alcoholic content of a beverage as the main topic of the advertising.
   
27.3 - In case of beer advertising, the provisions of the present article are supplemented by the provisions of annex 1.
   
Art. 28 – Cosmetics and Personal Hygiene Products
28.1 - Advertising for cosmetics and personal hygiene products must not lead the consumer to believe that such products have characteristics, properties and functions other than that of being used for the purpose they have been created for.
   
28.1 – Advertisements may present these products as having additional characteristics that prevent particular pathological conditions, provided that the products have special formulations in this sense.
   
28.3 - Under no circumstances must this kind of ads lead consumers to consider cosmetics or personal hygiene products as substitutes for medicines, medical aids or treatments.
   
Art. 29 – Dietetic Products
Advertising of dietetic products must be produced in such a manner so as not to lead consumers into nutritional error and it must avoid references to recommendations or claims of medical nature.
   
Art. 30 – Medicines, Nutritional Supplements, Curative Treatments and Alternative Cure Methods
30.1 – Prescription-only medicines and treatments must not be advertised to the public.
   
30.2 – Advertising of medicines and treatments that do not require medical prescriptions (OTC), for nutritional supplements, curative treatments and alternative cure methods must avoid:
• suggesting that the product has no side effects (except the case when there are explicit indications as to administration according to the recommendations of the doctor, pharmacist or prospectus);
• suggesting that a product is guaranteed to work absolutely safe or without side effects or that it is safe or effective merely because it is natural;
• suggesting that a visit to the doctor or surgery is unnecessary and also inducing to wrong self diagnostics;
• suggesting that the effect of the treatment with the respective product is guaranteed;
• being addressed directly to underage persons;
• using the recommendations of scientists, health professionals or celebrities to endorse medicines, or the fact that a product has been granted a marketing authorization;
• referring to healing in an inappropriate, deceitful manner;
• comparing the respective product with food, cosmetics or other consumer products;
• using inappropriate, misleading or impressive representations of the changes in human bodies, caused by disease, injury or by the effect of a medicine, a nutritional supplement, a curative treatment or of an alternative cure method.
   
30.3 – Advertising for nutritional supplements, curative treatments and alternative cure methods must include the risk phrases recommended by the legal provisions in force.
   
Art. 31 – Trainings, Employment or Business Collaboration Methods and Study or Teaching Methods
31.1 - Advertising must be carried out so as not to create confusion between the employment offers, the business collaboration offers, trainings and teaching or study methods.
   
31.2 - Advertising relating to trainings and study or teaching methods must clearly include or refer to full registration, participation or graduation conditions.
    
31.3 - Advertising relating to trainings and study or teaching methods must contain no promises of work unless the latter is firmly guaranteed, nor exaggerate employment or salary opportunities for those who attend such courses or adopt the proposed methods.
   
Art. 32 – Financial and real estate transactions
32.1 – Advertising aimed at soliciting or promoting financial transactions and in particular transactions for saving and investments on movables or real estate must provide clear and exhaustive information in order to avoid misleading the public, so that those who receive the message, though possibly inexperienced in this field, may make conscious choices about the use of their own resources.
    
32.2 - Advertising for financial and real estate transactions must clearly specify that the value of the investment is variable and, unless it is guaranteed, it may rise or decrease. If the value of the investment is guaranteed, the details must be included in the commercial communication.
    
32.3 – The provisions of this article also apply to advertising for banking, financial non-banking services, stock exchange services, pension funds and insurance funds; for the latter, it must be also mentioned that an investment is involved, if applicable.
   
Art. 33 – Package Tour
33.1 – Advertising of any package tour must give complete, accurate and easy to understand information, or to indicate the source of information, particularly in case of services included in the communicated price.
    
33.2 – The message must emphasize the suggestion to carefully consider the participation, payment and cancellation terms included in the informative material or in the registration form.
   
Art. 34 – Games, Toys and Educational Products for Children
34.1 – Advertising for games, toys and educational products for children must not mislead:
• on the nature, performance and dimensions of the product;
• on the skill level needed to use the product;
• on the amount of the expenditure, especially when the purchase of additional products is needed to make the product work.
   
34.2 – No advertisement must minimize product prices or imply that its purchase is normally accessible for the budget of any family.

Art. 35 – Charity-Linked Advertising
35.1 – Messages aimed at soliciting, directly or indirectly, a voluntary contribution in money, commodities or services of any kind, through initiatives designed to generate public awareness, are subject to the rules of this Code.
   
35.2 – For the sake of clear understanding and easy identification, such messages must include the marketer's name and address as well as the social objective to be achieved.
   
35.3 – If social advertising is linked to initiatives of commercial promotion, the amount or the percentage intended for the social cause must be specified.
   
35.4 – Promoters of such messages can freely express their opinions but they must clearly specify that these are their own opinions, not verified facts.
    
35.5 – In any case, the message may not:
• have commercial objectives;
• exploit human misery by damaging the dignity of human beings; resort to shocking facts in order to justify exaggerated claims, or to induce feelings of fear, or anxiety;
• make those who don't agree with the charity feel guilty or liable;
• make a direct comparison with other social campaigns;
• present the degree and the nature of the social problem for which the appeal was made in an exaggerate way;
• overestimate the specific or potential value of the public contribution to the initiative;
• solicit money offers from underage persons.
   
35.6 – The above rules must be observed both generally and at a message level.

Art. 36 – Functioning of the Ethic Committee
36.1 – The Ethic Committee has the task to correctly evaluate the enforcement and observance of the Code of Advertising Practice.
 
36.2 – The Ethic Committee gathers whenever necessary.
   
36.3 – The Ethic Committee has 5 members.
   
36.4 – Independent persons may enroll into/ form part of the Ethic Committee, as permanent members of the committee, on condition they are voted by the General Assembly of the RAC members.
   
36.5 – The Ethic Committee passes decisions on condition they have received the votes of a majority.
   
36.6 – Voting is open.
   
36.7 - Each member is entitled to one vote and they have the obligation to express their opinion, in favour or against.
   
36.8 – The debates of the Ethic Committee are strictly confidential.
   
36.9 – The members of the Ethic Committee fulfill their duties on the basis of their own beliefs and not on the basis of the representation of the interests of the RAC members', who accepted this Code.
 
Art. 37 – The Secretariat
37.1 – The Secretariat of RAC works for the Ethic Committee as well.
   
37.2 – At the meetings of the Committee, the Executive Secretary represents the Secretariat.
   
37.3 – The Secretariat must keep the confidentiality of materials, debates and voting.
   
Art. 38 – How to Place and Register an Intimation
38.1 – Any natural or legal entity or state organism may place intimations to RAC.
   
38.2 – Intimations must be in writing and sent to RAC (via mail, fax, e-mail), where they are registered.
    
38.3 – Intimations must provide details and strong arguments (the template included on the RAC website is recommended).
   
38.4 – The Secretariat registers intimations upon reception.
   
38.5 – Within 1 (one) business day from the registration of the intimation:
a) The Board is informed on the intimation;
b) The incriminated party is contacted, and the text and the documentation accompanying the intimation are sent to them, being asked to indicate its official stand in the matter, within 2 business days since the registration of the intimation;
c) RAC recommends that litigations be solved amiably.
    
38.6 – When RAC identifies a problem, commercial communications must be analyzed by the Ethic Committee following the same procedure.
 
Art. 39 – Constitution of the Committee
39.1 – Within 1 business day from the registration day of the intimation:
a) The Secretariat informs the Board about the registration of the intimation:
b) The Executive Secretary draws up a list of potential RAC members, avoiding the conflict of interests, and sends the participation application to the Ethic Committee;
c) New members come to constitute the Ethic Committee according to order in which participation confirmations have been received from the RAC members.
   
39.2 – Within 2 business days from the registration day of the intimation:
b) The members of the Ethic Committee confirm or deny their availability to join the Committee; the members of the Ethic Committee have the moral obligation to decline in case of a potential conflict of interests;
c) The Secretariat informs the Board of Directors on the final composition of the Ethic Committee;
d) At request, the parties may be informed about the structure of the Ethic Committee;
e) The Secretariat sends the intimation and the existing documentation to the members of the Ethic Committee and only to them;
f) The date for the meeting of the Ethic Committee is set, and it must be within 3 business days from the registration of the intimation.
 
Art. 40 – Documentation of cases
40.1 – Within 1 business day from the registration of the intimation, the Secretariat contacts the incriminated party, and it sends them the text of the intimation and the documentation received, asking them to adopt an official stand within 2 business days from the registration of the intimation.
   
40.2 – Within 3 business days from the registration of the intimation, the Secretariat sends the official stand of the incriminated party to the members of the Ethic Committee.
   
40.3 – If additional evidence is necessary, the Ethic Committee will approach the Secretariat, which will take action, immediately and with no other formalities, in order to obtain additional proof and documents. As soon as this operation is completed, the Secretariat will make the materials available for the members of the Ethic Committee.
   
40.4 – At any time, the Ethic Committee may ask a marketer to provide documents supporting the truthfulness of the data, descriptions, declarations, illustrations and testimonials in an advertisement. Marketers will make the requested information and documents available to RAC within the period mentioned at paragraph 40.1.
   
40.5 – The members of the Ethic Committee receive the entire existing documentation referring to the issue and must keep confidentiality of materials, debates and voting.
   
40.6 – a) The members of the Ethic Committee may ask professionals to evaluate the documents;
b) The specialist required to analyze the documents is proposed by the Secretariat and accepted/validated by both parties involved;
c) At the request of the Ethic Committee or of the parties involved, the complainant and the incriminated party may be heard by the independent specialist, who evaluates the information presented, draws up a report and submits it to the Ethic Committee, and attends the meeting of the Ethic Committee in order to give technical support, without having the right to vote;
d) The specialist must keep confidentiality of the information obtained in this capacity. The fulfillment of this obligation shall be ensured by a confidentiality agreement.
   
Art. 41 – The Meeting of the Ethic Committee
41.1 – Within 2 business days from the registration of the intimation, the Secretariat sets the date of the meeting of the Ethic Committee, no later than 3 business days from the registration of the intimation.
   
41.2 – Within maximum 3 business days from the registration of the intimation, the Secretariat organizes the meeting of the Ethic Committee, making sure that all five members of the Ethic Committee and, if needed, the two parties involved and the specialists, are present, as mentioned under art. 40.6.
 
41.3 – The Ethic Committee meets within maximum 3 business days from the registration of the intimation.
   
41.4 – a) The meeting of the Ethic Committee is attended by the members of the Ethic Committee and by the Executive Secretary of RAC;
b) In case a specialist was asked to evaluate the documentation, according to Art. 40.6 c), they may be invited to attend the meeting of the Ethic Committee in order to present the report. Specialists do not attend the debates of the Ethic Committee;
c) If the Ethic Committee hears the parties involved, their representatives are invited to present their arguments, each of them in turn. They do not attend the debates of the Ethic Committee;
d) Any other person requested by the Ethic Committee may attend the meeting, provided that the confidentiality of the meeting is respected and the person does not participate to the voting/decision taking moment.
   
Art. 42 – The Decision of the Ethic Committee
42.1 – a) 1 business day after the Ethic Committee takes the decision, the Secretariat sends the decision of the Ethic Committee, in writing, to the two parties involved, and, if the case be, to the relevant public authorities (e.g. NAC, NAPC, etc.) and organizations (e.g. RPC);
b) When the decision establishes that the advertisement breaks the Code, the Ethic Committee invites the incriminated party to take steps so as to have the advertisement observe the provisions of the Code;
c) The summary of the decision of the Ethic Committee may provide, if necessary, information about the aspects that led to the decision.
   
42.2 – a) The decisions of the Ethic Committee must contain the following information:
• the source of the intimation;
• the subject of the intimation;
• registration date;
• the body analyzing the intimation (the Ethic Committee);
• the date of the meeting of the Ethic Committee;
• the decision of the Ethic Committee;
• the evaluation basis of the decision (including the text of the Code of Advertising Practice that has been analysed);
• for the RAC members, the decision contains the implementation deadline, i.e. 5 business days from the moment the decision is communicated.
b) Emergency implementation deadline: The Ethic Committee may request emergency implementation of its decision – in less than 5 business days from the moment the decision is communicated – when the advertisement in question causes major damages to consumers;
c) The Board of Directors may extend the emergency implementation deadline, at the request of the parties affected by the decision of the Ethic Committee and only for logistics related reasons.
   
42.3 – In case an amiable solution is reached, the complainant informs the RAC, in writing, about the conclusion of the case.
   
42.4 – The parties involved may not use the decisions of the Ethic Committee for advertising purposes.
   
42.5 – The Secretariat will file and record the decisions of the Ethic Committee and all the related documentation.
   
42.7 – The Secretariat ensures the transmission, at request and with the approval of the Board of Directors, of press releases, regarding the cases analyzed by the Ethic Committee.
    
Art. 43 – (1) The deadlines mentioned in this chapter may be modified with the agreement of the parties involved.
(2) If the intimation was also submitted to other authorities, the Secretariat shall inform their representatives about the extension of deadlines.

Art. 44. - The Code is subject to modifications at the members' recommendation, and it is subject to the approval of the General Assembly and, in principle, at intervals of at least 2 years.
 
Art. 45. - The Technical Committee of RAC supervises the procedures of Code modification and it draws up its final form, corroborating all the suggestions of changes approved by the General Assembly of RAC.

I. Preamble
Beer, when responsibly consumed is compatible with a balanced and healthy lifestyle and is enjoyed in a responsible way by the vast majority of consumers.
 
As responsible brewers we want to ensure that beer marketing is directed only at those above the legal purchasing age and is carried out with sufficient regard so as not to encourage excessive or irresponsible consumption.
     
The provisions of these Rules on Commercial Communications for Beer are the basis for the assessment of actual activities pertaining to commercial communications. This allows the brewing industry to develop commercial communications for beer in a creative manner and in line with brand values such as:
• drinking as a pleasurable personal or social experience;
• drinking as a social activity, and responsible consumption as a source of enjoyment and relaxation;
• responsible consumption as part of a healthy lifestyle for vast majority of consumers;
• drinking should done with moderation.
 
To maintain consumer confidence, it is in the interest of the brewing industry to ensure that its commercial communications are properly regulated, so that they are seen to be legal, decent, honest, truthful and socially acceptable.
 
II. Scope
The aim of these specific regulations for beer is to ensure compliance with and implementation of the letter of it and to improve – if and where is needed – commercial communications so as not to offend our audience or even come close to crossing the line between appropriate and inappropriate communications.

Like all other commercial communications for other products, beer promotions should:
• always be developed, implemented and managed responsibly;
• always comply fully with applicable laws, regulations and self-regulatory codes;
• never be aimed at minors (people under the legal purchasing age);
• never encourage violent, aggressive, dangerous, anti-social or illegal behavior;
• never encourage drink and driving association or alcohol misuse;
• never demean any group in society or offend accepted standards of taste and decency.
   
All corporate and brand-related websites should ask for confirmation of age on the homepeage, inviting users to enter their date of birth and consequentr;y refusing access to those below the legal drinking age.

These rules apply to all commercial communication channels and all media, including the internet and digital media of any kind that are used to transmit commercial alcohol-related marketing communication to the consumers.

If there is no legal requirement, a responsible consumption message must be included in all commercial communication by using video, printed communications, other media display street which allow the inscription, wherever appropiate starting with 1st of September 2009. This rule will be applied only for the materials created/produced after this data.

It is recommended still, to insert a responsible consumption message on products labels surface which allow this inscription.
   
III. Basic principles
Commercial communication must:
• be legal, decent, honest and truthful, conforming to accepted principles of fair competition and good business practice;
• comply with all regulatory requirements in force;
• be prepared with a due sense of social responsibility and good faith and fairness;
• not be unethical in any way or otherwise offend or impugn human dignity or integrity;
• people shoul not be portrayed in ways which degrade them and deprive them of dignity, or in situations where they degrade themselves by their behavior;
• be mindful of sensitivities relating to culture, gender and religion.

Like all other commercial communication promotions should:
• always be developed, implemented and managed responsibly;
• always comply with applicable laws, regulations and self-regulatory codes;
• never be aimed at minors or people under the legal purchasing age, if higher;
• never encourage violent, aggressive, dangerous, anti-social or illegal behavior;
• never encourage drink driving or alcohol misuse;
• never demean any group in society or offend accepted standards of taste and decency.

Explanatory notes
General:
1. The purpose of any commercial communication should be to promote a particular brand and not the effects of alcohol.

2. “Legal” and “conforming to principles of fair competition and good business practice” means that commercial communications should comply with both the letter and spirit of all national rules, regulations, laws and business practices.

3. Definitions of what is “decent and acceptable” vary from culture to culture, even between age groups. The context is often all-important: treatments which could be considered offensive by an older audience may be acceptable if targeted carefully for a younger audience above the legal drinking age.

4. “Decent” is also closely linked to concepts such as violence, or dangerous, unethical or irresponsible behavior. These should be avoided at all times and so should be gratuitous and demeaning use of sexual imagery, messages and innuendo.

5. “Honest”, “truthful”, “fairness and good faith” relate to integrity of our messages: we should never lie or present facts about our product that are untrue.

6. “Ethical” means that our actions must be true to the spirit of our rules on responsible commercial communication. It is unethical to try to find loopholes and ways around these rules, or to act in defiance of generally held moral principles, even if such actions are not expressly prohibited by these rules.

7. Respecting “human dignity and integrity” means that people should never be portrayed in a degrading way or asked to degrade themselves.

Promotions:
No one should be prohibited from participating in any promotion on the basis of their race, sexual orientation, religion or political inclination.

1. - Responsible Drinking
1.1 - Commercial communication shall not depict or encourage excessive or irresponsible consumption, nor present abstinence or moderation in a negative way.
 
1.2 - Commercial communication will not portray individuals in a state of intoxication or imply in any way that intoxication (drunkenness) is acceptable.
 
1.3 - Commercial communication shall not encourage violent, aggressive, dangerous or antisocial behavior (crowd or public disorder), or any association with illegal drugs or drug culture.
   
1.4 - Commercial communication shall not include pregnant women shown drinking and should not be directed to pregnant women.
 
1.5 - Commercial communication may not suggest consumption of beer under circumstances that are generally regarded as irresponsible or improper, e.g., preceding or during driving, at work or practicing sports - except non alcoholic beer.

1.6 - Commercial communication may not suggest physical prowess, power, or strength as a result of consuming alcohol beverages.

1.7 - Commercial communication will not encourage irresponsible consumption of beer, either through volume, time span or in any other way.

1.8 - Commercial communication will not present abstinence or moderation in a negative way. There are situations or times when consuming alcohol beverages may not be appropiate, and we will always respect an individual's choice not to drink.
 
Explanatory notes
General:
1. Never encouraging “excessive or irresponsible consumption” means that our communications must not encourage people to drink beyond safe personal limits or in an anti-social manner. Consumers must never be encouraged (or shown in our communications) to exceed sensible drinking guidelines or drink sufficient volumes to lose their self-control (never show or imply a situation where somebody is, or is likely to become intoxicated). Never show a situation which suggests that a large quantity of beer has been, or is about to be, consumed. Always make sure that the amount of beer is appropriate to the number of drinkers present.

2. Showing people drinking from the bottle is acceptable, but our communications must not imply that a bottle or the full glass is downed in one.

3. People should not be challenged to drink: we must show respect for “abstinence and promote moderation”. People who choose not to drink or who drink limited amounts, ahould not be disparaged, ridiculed or portrayed in a negative light - for example "uncool".

4. Athletes and actors may not be shown consuming alcoholic beverages before and during any athletic event or other endeavor requiring exceptional physical ability, power or strenght, except non alcoholic beer.

5. General sports sponsorship that features brand logos or slogans are acceptable as long as there is no suggestion that alcohol consumption contributes to athletic success, execpt non alcoholic beer.

6. Responsible consumption also means drinking in circumstances that are safe. Never show people drinking in situations where it is unsafe to do so. This goes further than drinking and driving: handling any sort of machinery, or mountaineering or rock-climbing, using a boat or a jet-ski, even swimming, etc. 

Regarding promotions:
• promotions should not refer to “ drinking games” that encourage excessive or irresponsible consumption;
• promotional activities and messages should never encourage consumers to engage in risky or potentially dangerous activity;
• promotional activities implying tasting shall be avoided in petrol stations, except non alcoholic beer;
• all promotions and promotional materials must not encourage irresponsible consumption or misuse of alcohol;
• if one of the activities presented at 1.6 is featured in advertising, it is important to establish that the drinking is done AFTER the activity has finished and, equally importantly, that the activity is not about to be resumed after drinking. 

2. - Underage
2.1 - Commercial communication shall not be primarily intended to appeal to persons below national purchasing age (i.e. 18 years old).
 
2.2 - Commercial communication shall not show any people drinking, unless they are, act and reasonably appear to be over 25 years old.
 
2.3 - Commercial communication shall not be specifically aimed at minors nor show minors consuming beer.
 
2.4 - Commercial communication shall not promote beer in print media (newspapers, magazines), programs or events where the majority of the audiences are known to be minors. (Where possible, audience figures/data from the media will be sought).
 
2.5 - Commercial communication during broadcast media (TV, radio and cinema) that may have an underage audience of more than 25%, will appear only after prime time hours (as defined by the in force national legislation).

2.6 - Commercial communication such as billboards, bus shelter posters etc shall not be placed in close proximity and within clear view of a school, high-schools, kindergarten, playground, worship places or other site used primarily for children persons below national drinking age on a radius of 150 m.
 
2.7 - Commercial communication such as brand logo, or trademark, shall not be licensed for use on materials or merchandising for use primarily by persons below the legal purchasing age.
 
2.8 - Beer related websites will have an active filter that verifies the legal drinking age of any user and refuses the access fo those under the legal drinking age, and will carry a responsible use message.
 
Explanatory notes
General:
1. In commercial communication it should not be not used objects, images, symbols, music, fictions characters or real figures that appeal primarly to minors.

2. Commercial communciation must not use familiar brands, for example names, logos, games equipment or other items, that appeal primarily to minors.

3. For cinema advertising the given by local film classification is only a guideline. (70% of the audience are known to be people older then 18 years).

Regarding promotions:
• no promotions may be directed to persons under the legal drinking age;
• the content of promotional materials and activities should not appeal primarily to people under the legal purchasing age;
• all reasonable steps should be made to ensure that promotions will not allow sampling for anyone below the legal drinking age. Promotions staff will be trained not to serve/to refuse to serve samples to underage individuals.

Regarding internet & related technologies:
• internet ads, sms messaging and internet sites, their content and related technologies should be designed for adults. As well as the company and brand websites, promotions on third-party websites must also comply with there rules. Content that may be especially attractive to minors must be avoided;
• all brands internet sites must state clearly that entry is restricted to people over teh legal purchasing age and prohibited to anyone younger than 18 years. To ensure this, active filters shall be installed on brand sites.
 
3. - Driving
3.1 - Commercial communication should not directly or indirectly associate consumption of beer with the act of driving vehicles of any kind.

3.2 - Commercial communication must never depict or encourage consumption of beer while or prior to driving motor vehicles of any kind - including speedboats, jet-skis, snow mobiles or aircraft.
 
3.3 - If commercial communication features an individual arriving at a party or driving a vehicle before entering a bar, it must be made clear that this person will not be driving later.

Explanatory notes
General:
1. Sponsorship of public transport and taxis is permitted.

2. The branding of the trucks and other motor vehicles (used for commercial purpose) is permitted.

3. If commercial communication features an individual arriving at a party or driving a vehicle before entering a bar, it must be clear that this person will not be driving later.

Regarding promotions:
• it is recommended to be particulary vigilant about participation of consumers who may drive following promotional activities - for examples, after a supermarket tasting, or in cases when it is taking place at the venues closely linked with driving - for examples highway restaurants or stores;
• it is recommended the exposure of a "don't drink and drive" or "don't drive after drinking" message. Except non alcoholic beer.
 
4. - Health claims and alcohol content
4.1 - Commercial communication shall not create any confusion or misunderstanding as to the nature and strength of beer.
 
4.2 - Commercial communication shall not use high or low alcoholic strength as a positive quality of the beer.
 
4.3 - Commercial communication shall not imply that abuse can be avoided by consuming beer with low alcoholic strength.
 
4.4 - Commercial communication shall not attribute beer the property of preventing, treating or curing a human disease, associate or even refer to such property.
 
4.5 - Commercial communication may not suggest that alcohol beverages should be consumed for potential net health benefits.

4.6 - Commercial communication must never claim that beer has therapeutic qualities, or that it is a stimulant, sedative or means of resolving personal conflicts.
 
4.7 - Commercial communication may include factual information such as calorie or carbohydrate content so long as it is not linked to health benefits.

4.8 - Commercial communication must never associate beer with pregnancy or target communications at pregnant women.

4.9 - Commercial communication must always ensure that packaging, marketing materials as well as advertising for alcoholic and non alcoholic versions of a beer are recognizably different and distinctive.
 
5. - Social & Sexual Success
5.1 - Commercial communication shall not create the impression that the consumption of beer enhances or is a prerequisite for social acceptance or social success, sexual success or seduction, or promote or exploit sexual indulgence or permissiveness or portray nudity.
 
5.2 - Commercial communication should not suggest that drinking can remove sexual inhibitions.

5.3 - Commercial communication shall not create an image of beer as a means to overcome problems of everyday life.
 
5.4 - Commercial communication should not be discriminatory for any sex.
 
Explanatory notes
General:
1. Showing attractive people or featuring scenes in which men and women socialize is entirely acceptable.

2. Clothing and its appropriateness will always be judged in context in which it is shown (for example showing people wearing swimming suits by the pool or on the beach).

3. Social success means gaining status in the form of promotion, wealth, friends, possessions and popularity as well as gaining other people’s admiration or recognition of one’s achievements.

4. Generally the term “sexual success” is open to a number of different and not always mutually exclusive interpretations, but in our understanding commercial communication should not:
- present beer as an aid to seduction;
- portray drinking beer as a prelude to sexual activities;
- present beer as an “accessory“ to sexual activity.

6. - Association with Hazardous Activities
Commercial communication shall not associate consumption with the operation of potentially dangerous machinery or with the performance of potentially hazardous activities, portray the act of consumption prior to or during activities or in locations which are potentially hazardous.

7. - Free samples
Sampling is about offering consumers a positive brand experience that makes them want to buy the product. Offering any consumer more than one drink could be interpreted as encouraging irresponsible drinking.
The distribution of “free samples” is subject to the following rules:
• free samples may not be offered to minors (under age people) even with parental consent;
• free beer may only be offered in designated hospitality areas;
• samples must consist in one measure only (standard unit of 50 cl, which must be consumed at distribution point);
• if anyone tasting a sample must be warned that the sample contains alcohol and provided with information about its strength;
• if the sample is not consumed at the point of distribution recipients must be advised that it is for their consumption only and that they should not consume it before driving or give it to minors.

8. - Compliance and control
8.1 - All “Brewers of Romania” members commit themselves to follow all of the above rules.
 
8.2 - It is the responsibility of each member to ensure that their employees involved in all commercial communication, comply with the Code and that the Code becomes an integral part of the approval process for any commercial communication.
 
8.3 - Compliance must also be secured as a pre-requisite when warding business to:
- advertising agencies;
- market research companies;
- agencies and media buyers;
- other external consultants and agencies.

1. Preamble
The telecommunication companies (fixed telephony, mobile telephony, internet, television services) are active companies that are often visible on the advertising market. Due to the specificity of the products and services these companies offer, their commercial communications undergo a very quick process of renewal and modification, sometimes within only a few days. Moreover, the nature of the products and services they offer compels the related commercial communications to include various complex pieces of information.

Considering the above arguments, the RAC members for fixed telephony, mobile telephony, internet and television services wish that self-regulation will ensure a true, honest and unequivocal communication process that might provide the customers with all the information they need in the clearest possible way, in order to make informed decisions and not feel deceived.

2. Definitions
Telecommunications company = legal entity whose activity consists of supplying fixed and mobile telephony services and products, internet access, data transfer, radio and television as well as any other related services, products or accessories.
Footnote (explanations, exceptions, remarks) = written or oral text appearing during or after commercial communications on various media and supports; their purpose is to provide additional explanations, remarks or references to certain exceptions from the commercial offers of the telecommunications companies. 
Average consumer = a consumer deemed to be reasonably informed, attentive and cautious when taking into account the social, cultural and linguistic factors involved.

3. Code applicability
This code shall apply to all the commercial communications of telecommunications companies, as follows:
- Communications on audiovisual media including cinema and video;
- Communications on printed material such as newspapers, magazines, booklets, flyers, posters, leaflets, catalogues or similar media;
- Communications on other publicly displayed media, including images in motion;
- Communications with advertising purpose on packages and other promotional materials;
- Communications created with electronic means of processing and conveying the information, including fixed telephony, mobile telephony and on-line communications (such as e-mails, banners, pop-ups and other similar elements).

4. Provisions
Art. 1 – Clarity of the information
The commercial communication shall be conveyed in such a way that it is clear, unequivocal and easily understood by the average consumer.

Art. 2 – Correctness of the information
All the information conveyed by the commercial communication shall be correct and adequate.
 
Art. 3 – Advertising substantiation
The announcer must be able to, at all times, provide evidence for the validity and trustworthiness of the data, descriptions, statements, illustrations and testimonials used for advertising purposes.  Such evidence shall consist of concrete and relevant elements.

Art. 4 – Complete information
The commercial communication shall not offer erroneous, ambiguous or misleading presentations of the data or information and it shall not leave out information that might be important for the decision to purchase a certain service or product.

Art. 5 – Footnotes
a. In the case of audiovisual communications (television, cinema, video or similar), the footnotes shall be at least 14 points in size (Arial font) and shall be present on screen at least during the time the information they supplement or explain is displayed or spoken.
b. The footnotes shall be on display enough for the average consumer – as defined in this code – to be able to read them.
c. For communications conveyed on the radio, the footnotes shall be spoken at a speed that allows the consumer to understand them clearly and easily.
d. For communications conveyed on printed media (newspapers, magazines, booklets, flyers, posters, leaflets, catalogues or similar) the size of the footnotes shall be enough to make them easy to read and understand by the consumer.
e. The footnotes shall be clear and explicit enough for the consumer to understand the real requirements for benefiting from the products or services promoted in the commercial communications. However, if there should be any constraint due to the size of the footnote space or duration of the display time, the footnotes may point to a web address or other such solution providing to the average consumer all the information he might need before purchasing a product.

5. Notes
1. In order to settle the possible complaints regarding a commercial communication, RAC members shall resort to the Romanian Advertising Council in the first place, by following the procedure described in the Advertising Code of Practice prepared by RAC. Notwithstanding the above, the RAC members' right to approach other organizations or institutions that are entitled to analyse such complaints shall not be excluded.
2. Any term not defined herein shall have the definition given in the Advertising Code of Practice prepared by RAC .
3. The dispositions of the Advertising Code of Practice prepared by RAC shall also apply to this document if possible.