Law no. 35/2008, of 28 July

Published in D.R. number 144 (Series I) of 28 July 2008

Assembleia da República (Assembly of the Republic)

Law

Second amendment to Law no. 5/2004 of 10 February (Electronic Communications Law), establishing the penalties applicable to infringements of Regulation (EC) No. 717/2007 of the European Parliament and of the Council, of 27 June 2007, on roaming on public mobile telephone networks within the Community.

Pursuant to article 161 c) of the Constitution, the Assembly of the Republic hereby decrees as follows:

Article 1
Addition to Law no. 5/2004 of 10 February

Article 121-A is hereby added to Law no. 5/2004 of 10 February, and shall read as follows:

«Article 121-A

International roaming on public mobile telephone networks within the Community

1 – Under Regulation (EC) No. 717/2007 of the European Parliament and of the Council, of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC, of the European Parliament and of the Council, of 7 March, on a common regulatory framework for electronic communications networks and services, the
following shall be deemed to constitute breaches:

a) Infringement of obligations in paragraphs 1 and 2 of article 3, article 4 and article 6 of the referred regulation;

b) Infringement of the information obligation provided for in paragraph 4 of article 7 of the referred regulation;

c) Infringement of determinations issued by the National Regulatory Authority (NRA) making use of powers under paragraphs 5 and 6 of article 7 of the referred regulation.

2 – Breaches provided for in the preceding paragraph shall be punishable by fine between
(Euro) 5000 and (Euro) 5 000000.

3 – Where the breach arises from failure to comply with a legal duty provided for in Regulation (EC) No. 717/2007 of the European Parliament and of the Council, of 27 June 2007, or with an order issued by the NRA under paragraphs 5 and 6 of article 7 of the referred regulation, the application of penalties or execution thereof do not exempt the transgressor from compliance with the duty or order, where there is time.

4 – The breach regime provided for in paragraphs 4 and 5 of article 113, in paragraphs 1 to 4 of article 115 and in articles 116 and 117 hereof applies to penalties provided for in this article.»

Article 2
Entry into force

This law enters into force on the day following that of its publication.

Approved on 11 June 2008.

The President of the Assembly of the Republic, Jaime Gama.

Promulgated on 14 July 2008.

Let it be published.

The President of the Republic, ANÍBAL CAVACO SILVA.

Counter-signed on 16 July 2008.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.