Ministério da Economia e da Inovação (Ministry of Economy and Innovation)
Decree-Law
Decree-Law no. 325/2007 of 28 September establishes the rules governing electromagnetic compatibility with respect to the placing on the market and putting into service of equipment and fixed installations, transposing Directive no. 2004/108/EC of the European Parliament and of the Council of 15 December, on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/CEE, into national legislation.
An inaccuracy has been detected in paragraph 5 of Annex II of the cited Decree-Law, with respect to the obligation that the EC declaration of conformity be written in Portuguese, which obligation is deemed as unnecessary considering that the declaration does not follow the equipment but remains in possession of the manufacturer or in the possession of the authorised representative of the manufacturer in the Community, whereby it may be written in any of the languages of the Community. Consequently, it is necessary to correct this situation and remove this requirement, in order to avoid restrictions on economic agents.
Accordingly:
Under the terms of point a) of paragraph 1 of article 198 of the Constitution, the Government issues the following decree:
Sole Article
Amendment to Decree-Law no. 325/2007 of 28 September
Paragraph 5 of Annex ii of Decree-Law no. 325/2007 of 28 September, shall hereafter have following the wording:
«ANNEX II
[...]
1 - ...
2 - ...
3 - ...
4 - ...
5 - The compliance of apparatus with all relevant essential requirements shall be attested by an EC declaration of conformity issued by the manufacturer or his authorised representative in the Community.
6 - ...
7 - ...
8 - ...»
Checked and approved in the Council of Ministers of 4 December 2008. - José Sócrates Carvalho Pinto de Sousa - Luís Filipe Marques Amado - Manuel António Gomes de Almeida de Pinho - Mário Lino Soares Correia.
Promulgated on 8 January 2009.
Let it be published.
The President of the Republic, Aníbal Cavaco Silva.
Counter-signed on 9 January 2009.
The Prime Minister, José Sócrates Carvalho Pinto de Sousa.
