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 Post subject: gemological law
PostPosted: Sat Mar 13, 2010 2:53 pm 
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Location: Rome, Italy
hi,

i would know if someone of you are aware about state law in Germany and Benelux about gemological stuffs (nomenclature, labs, certificate and so forth).
thank you very much in advance!
ciao
alberto

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PostPosted: Sun Mar 14, 2010 8:49 am 
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Location: the Netherlands
I can tell you some about the ne in benelux...

The gemmo/appraising sector has been deregulated in the nineties. Every Dutchman can start a certification and appraising business at any time now. To tackle the problems arising from such a freedom and to protect the professionals that have followed a proper education, insurance companies require an appraiser to be a member of an organisation called TMV. This mob guarantees the professional qualities of dutch appraisers and auction house owners and requires an in depth study in your field of expertise (and FGA for example) plus their own exam which double checks your gemmo abilities and makes sure your legal knowledge is up to date. Very expensive exam btw... they know they are the only way to get into the appraising business and that knowledge shows in their exam prices.

To my knowledge there is no specific laws for the jewelry trade in the Netherlands but things like misrepresentation are covered in more general trade laws. When you discover you have been sold a treated or synthetic gem for a 100% natural gem you can force the seller to either refund your money or to come up with an untreated stone of similar quality and appearance within a certain time frame. This can be done in a civil case or one could report a person to the authorities as a fraud.

This does leave things open though, you'll find people selling things like 'peridot zirkonia' and other nonsense like that. The colored stone business here is small and the public is totally oblivious to what's playing in the world.

I never encounter the letters CIBJO here in the polder...


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PostPosted: Sun Mar 14, 2010 10:08 am 
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Thank you very much MATE :D , very useful infos! 8) Someone else got insight about Germany?

ciao
alberto

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PostPosted: Sun Mar 14, 2010 1:06 pm 
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Hi Alberto

very similar in Germany anybody can write a certification, there are diffrences between a private "Sachverständiger Gutachter" and a "Öffentlich bestellte und vereidigte Sachverständige ".

Here:http://de.wikipedia.org/wiki/Sachverst%C3%A4ndiger

What it means the first one is a private person that has worked long enough in his field to have a profound knowledge above the normal craftsmen.Therefore he/she is entitled to write a certificate that must be written that a laymen will comprehend it.
The second one is exactly the same just approved and given the official title from the chamber of commerce.
Well this was the short explanationof it. There are a few more categories, if there is a court case they will all the time order a "Öffentlich bestellte und vereidigte Sachverständige ".
I know of a court case about known treatment on a sapphire that was undisclosed.The judge took in account the cibjo reglement about discloser of treatment and the plaintiff won and got his money back.
I had a discussion with Jean-Pierre Chalain at the SSEF last year about the absence of nomenclature etc. in the Gem-trade.His opinion was that it was only missing in the lower price markets, where as I have a different opinion about that.
Hope that helps
Ciao


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PostPosted: Sun Mar 14, 2010 4:02 pm 
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THANK YOU VERY MUCH Earthling!! :D
ciao
alberto

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