Joint Order no. 357/2006, of 28 April

Published in D.R. number 83 (Series II) of 28 April 2006

(This is not an official translation of the law)

Presidência do Conselho de Ministros e Ministérios das Finanças e da Administraçao Pública, da Justiça, da Economia e da Inovação, das Obras Públicas, Transportes e Comunicações e da Saúde (Presidency

Joint Order

Regulation (EC) no. 2006/2004 of the European Parliament and of the Council, of 27 October 2004, on cooperation between national authorities responsible for the enforcement of consumer protection laws (Regulation on consumer protection cooperation) has established a network of public authorities responsible for the enforcement of laws that protect consumer interests, in order to reinforce administrative cooperation as regards the enforcement of this legislation in dealings with intra-Community infringements, increasing mutual confidence and transparency among administrations.

The regulation aims to contribute towards the smooth functioning of the internal market, the quality and consistency of enforcement of the laws that protect consumers' interests and the monitoring of the protection of consumers' economic interests. Pursuant to paragraph 1 of article 4 of the regulation, Member States must designate a single liaison office, that is, the competent authority of each Member State, responsible for coordinating the enforcement of the Regulation in that Member State, as well as the competent authorities with specific responsibilities to enforce the laws that protect consumers' interests.

The regulation applies directly in all Member States, thus it is now necessary to appoint, under paragraph 1 of article 4, the single liaison office as well as the competent authorities that shall guarantee the implementation of the objectives of the regulation in Portugal.

Therefore, the Government, through its Ministers of State and for Finance, for Justice, for the Economy and Innovation, for Public Works, Transport and Communications, for Health and for Parliament Affairs, hereby orders the following:

a) To designate the Instituto do Consumidor (Consumer Institute) as the single liaison office;

b) To designate as competent authorities with specific responsibilities to enforce the national laws adopted by virtue of the application of regulations and of the transposition of directives comprised in the annex to Regulation (EC) no. 2006/2004 the national authorities identified in the annex to this order, of which it is an integral part.

6 April 2006. - The Minister of State and for Finance, Fernando Teixeira dos Santos. - The Minister for Justice, Alberto Bernardes Costa. - The Minister for the Economy and Innovation, Manuel António Gomes de Almeida de Pinho. For the Minister for Public Works, Transport and Communications, Paulo Jorge Oliveira Ribeiro de Campos, Deputy Secretary of State for Public Works and Communications. - The Minister for Health, António Fernando Correia de Campos. - The Minister for Parliament Affairs, Augusto Ernesto Santos Silva.

Annex

List of competent Portuguese authorities within the scope of article 4 of Regulation (EC) no. 2006/2004 of 27 October

Community laws referred in Regulation (EC) no. 2006/2004

Community laws referred in Regulation (EC) no. 2006/2004

National laws

Competent authority

Council Directive 84/450/EEC, of 10 September, concerning misleading advertising (as amended by Directive 97/55/EC of 6 October)

Advertising Code, approved by Decree-Law n.º 330/90, of 23 October

Instituto do Consumidor (Consumer Institute); Comissão para Aplicação de Coimas em Matéria Económica e de Publicidade (Commission for the Imposition of Fines in Economic or Advertising Matters).

Council Directive 85/577/EEC, of 20 December, on contracts negotiated away from business premises

Decree-Law no. 143/2001, of 26 April

Autoridade de Segurança Alimentar e Económica (Food and Economic Safety Authority).

Council Directive 87/102/EEC, of 22 December, on consumer credit (as amended by Directive 98/7/EC, of 16 February).

Decree-Law no. 359/91, of 21 September (as amended by Decree-Law no. 101/2000, of 2 June)

Instituto do Consumidor (Consumer Institute).

Council Directive 89/552/EEC, of 3 October, on the pursuit of television broadcasting activities (as amended by Directive 97/36/EC of 30 June)

Law no. 32/2003 of 22 August, and Advertising Code, approved by Decree-Law n.º 330/90, of 23 October.

Instituto da Comunicação Social (Institute for Social Communication); Instituto do Consumidor (Consumer Institute); Entidade Reguladora da Comunicação Social (Regulatory Authority for the Media).

Council Directive 90/314/EEC, of 13 June, on package travel, package holidays and package tours.

Decree-Law no. 209/97 of 13 August (as amended by Decree-Law no. 12/99 of 11 January).

Autoridade de Segurança Alimentar e Económica (Food and Economic Safety Authority).

Council Directive 93/13/EEC, of 5 April, on unfair terms in consumer contracts (as amended by Commission Decision 2002/995/EC, of 9 December).

Decree-Law no. 446/85 of 25 August (as amended by Decree-Law no. 220/95, of 31 January).

Instituto do Consumidor (Consumer Institute); Ministério Público (Public Prosecutor's Office); Comissão do Mercado de Valores Mobiliários (Stock Market Commission).

Directive 94/47/EC of the European Parliament and the Council, of 26 October, on the right to use immovable properties on a timeshare basis.

Decree-Law no. 275/93, of 5 August (as amended by Decree-Law no. 180/99 of 22 May).

Autoridade de Segurança Alimentar e Económica (Food and Economic Safety Authority).

Directive 97/7/EC of the European Parliament and of the Council, of 20 May, on the protection of consumers in respect of distance contracts (as amended by Directive 2002/65/EC, of 23 September).

Decree-Law no. 143/2001, of 26 April)

Autoridade de Segurança Alimentar e Económica (Food and Economic Safety Authority)

Directive 97/55/EC of European Parliament and of the Council, of 6 October, concerning misleading advertising so as to include comparative advertising.

Advertising Code, approved by Decree-Law n.º 330/90, of 23 October.

Instituto do Consumidor (Consumer Institute); Comissão para a Aplicação de Coimas em Matéria Económica e de Publicidade (Commission for the Imposition of Fines in Economic or Advertising Matters).

Directive 98/6/EC of the European Parliament and of the Council, of 16 February, on indication of the prices of products.

Decree-Law no. 138/90, of 26 April (as amended by Decree-Law no. 162/99, of 13 May).

Autoridade de Segurança Alimentar e Económica (Commission for the Imposition of Fines in Economic or Advertising Matters).

Directive 1999/44/EC of the European Parliament and of the Council, of 25 May, on certain aspects of the sale of consumer goods and associated guarantees.

Decree-Law no. 67/2003, of 8 April

Instituto do Consumidor (Consumer Institute); Ministério Público (Public Prosecutor's Office).

Directive 2000/31/EC of the European Parliament and of the Council, of 8 June, on certain legal aspects of information society services, in particular electronic commerce.

Decree-Law no. 7/2004, of 7 January.

ICP-ANACOM (residual central supervision entity). Competent sector bodies: Comissão Nacional de Proteccão de Dados Pessoais (National Commission for Personal Data Protection); Comissão do Mercado de Valores Mobiliários (Stock Market Commission); Banco de Portugal (Bank of Portugal); Instituto de Seguros de Portugal (Portuguese Institute of Insurance); Entidade Reguladora para a Comunicação Social (Regulatory Authority for the Media); Instituto do Consumidor (Consumer Institute).

Directive 2001/83/EC of the European Parliament and of the Council, of 6 November, on the Community code relating to medicinal products for human use (as amended by Directive 2004/27/EC of 31 March 2004).

Directive 2004/27/EC of 31 March is currently being transposed. Decree-Law no. 72/91 of 8 February

According to the draft presented: INFARMED.

Directive 2002/65/EC of the European Parliament and of the Council, of 23 September, concerning the distance marketing of consumer financial services.

Directive yet to be transposed to national law.

According to the draft presented: Instituto de Seguros de Portugal (Portuguese Institute of Insurance); Banco de Portugal (Bank of Portugal); Comissão do Mercado de Valores Mobiliários (Stock Market Commission); Instituto do Consumidor (Consumer Institute).

Regulation (EC) 261/2004 of the European Parliament and of the Council, of 11 February, on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

Applies directly.

Instituto Nacional da Aviação Civil (National Civil Aviation Institute)

Directive 2005/29/EC, of the European Parliament and of the Council, of 11 May, concerning unfair business-to-consumer commercial practices.

Transposition work being carried out - 12 June 2007.

The following indication may result from national laws: Instituto do Consumidor (Consumer Institute); Ministério Público (Public Prosecutor's Office); Autoridade de Segurança Alimentar e Económica (Food and Economic Safety Authority).


Statistics acess

This page was:
· view 4635
· printed 0
· subscribed 20

More information on site statistics

Legislation

 

Thematic Areas

Access and Interconnection

Information available in this area: Legislation; Determinations on ADSL offers from PT Comunicações; Statistical information to be provided by public telec.network operators; Interconnection; Traffic ownership; Significant market power; Reference interconnection offer; General and prior conditions to the negotiation of interconnection agreements; Interconnection agreements; Prices; Internet access; Selection and pre-selection of operator; Cost model for the fixed telecommunications network

Broadband area

This area contains a range of information on broadband Internet access, including ANACOM’s powers and initiatives, the national and community legislation in force, the complementary measures adopted by ANACOM, statistics, studies and several reports.

Ducts Access

Obtain information on the applicable regime, consult adopted determinations and the offers of the concessionaire in this area and follow the respective developments through related information.

Digital Television

Information available in this area: legislation; news and press releases on DT; licence granted; archive on Conference on Digital Terrestrial Television - DVB-T (2000).

Electronic Commerce

Information available in this area: ANACOM's duties; Legislation (Portuguese and European Union Law); Relevant studies and work.

Emergency Communications

A new area has been made developed on emergency communications with information about the varied remit of ANACOM and current Europena Union and national legislation, studies and reports and links of interest.

Electronic communications - market analysis

This area comprises all the available information on each of the relevant markets identified by ANACOM, in compliance with Regicom and Commission Recommendation 2003/311/EC, of 11 February 2003.

Electronic communications - regulatory framework

This area contains a wide range of information on the regulatory framework for electronic communications, both as adopted in the European Union in 2002 and as approved in 2009.

ITED - ITUR

ITED - ITUR

International Activity

Find out about ANACOM's participation in international sectorial bodies, such as IRG, ERG, CEPT, ITU and UPU.

International Roaming

Here you can get a range of useful information about roaming, in particular about what you will have to pay for calls or your voicemail when using your mobile abroad.

Laboratories

Fully aware of the modernisation challenges faced by the industry and the need to ensure high quality products and services, ANACOM is endowed with three specialised laboratories, with which it helps further national technological development.

Leased Lines

Information available in this area: legislation, complementary determinations on the PTC's cost accounting system; entities with significant market power, quality of leased lines service, reformulation and suspension of leased lines offer; information about prices; national and international studies and reports.

Local Loop Unbundling

Information available in this area: Determinations of ICP-ANACOM; Reference Unbundling Offer (RUO) (PTC); EU and IRG Initiatives; Working Group; Public Survey on LLU; FAQ's.

Mobile Networks and Services

Information available in this area: Legislation; determinations on IMT-2000/UMTS , voice mail , informative services , significant market power, adhesion contracts, portability - Information to consumers, survey on quality of service of mobile (QoS-GSM), other relevant information about IMT-2000/UMTS; ERMES, Mobile Communications in Portugal.

Numbering, Names and Addressing

Information available in this area: legislation; complementary determinations on portability, selection and pre-selection, virtual phone cards, Portuguese numbering plan, public consultations; ETO; FAQ's.

Online Services

Online Services - Access to interactive electronic Forms.

Postal area

Information available in this area: national and EU legislation, CTT's development plan, quality of service and overall complaints; prices and postal tariffs for 2003; statement of compliance of CTT's cost accounting system; audit to the service quality indicators of CTT; conventions; quality reports; european studies; licences/authorizations.

R&TTE Regulatory Framework

Information available in this area: R&TTE Regulatory Framework; reasons of the R&TTE framework adoption; applicable equipment; information about Essential requirements; conformity assessment procedures; notification to Anacom; publication of interfaces by operators; publication of technical specifications; inspection (market surveillance); spectrum authorities.

Spectrum management

Information available in this area: Legislation; Electronic Communications Committee Decisions; Exposure to electromagnetic radiation and related issues; useful links; data base and useful information about audio broadcast operators; television broadcast operators; personal radio service - citizen band.

Sector

Information available in this area: sector's organization; operators' list; licences/authorizations granted by ANACOM; codes of providers and telecommunications services.

Telephone Service at a Fixed Location and Universal Service

Information available in this area: legislation; determinations on Fixed Telephone Service and Universal Service, public pay phones, adhesion contracts, public consultation; information on liberalization communications; consumer rights; FAQ's and Publications.

URSI - Portuguese Committee

This area contains information on the Portuguese Committee of URSI - International Union of Radio Science. The work of this Committee is organised by ANACOM.
 

Services and Useful Information

Universal Service

Tenders for the selection of provider(s) of universal service of electronic communications

ANACOM public consultations

Consultation on the draft decision on the results of the audit to PTC's universal service net costs (2007-2009) - comments until 22.05.2013

ANACOM Events

ANACOM Conference 2013 - Financing the future, 01.07.2013

World Radiocommunication Conference 2015 (WRC-15)

World Radiocommunication Conference 2015 (WRC-15), Geneva, 2-27.11.2015

Association of CPLP Communications and Telecommunications Regulators

ARCTEL-CPLPhttp://www.arctel-cplp.org/

Statements/clarifications

Positions, clarifications and statements issued by ANACOM between 2004 and 2013

Forms for electronic and interactive services

Access the services which we provide electronically

Frequently asked questions

FAQ on Audiotext, Digital Terrestrial Television - DTT, International Roaming, Licences for land mobile service private radiocommunications networks, Local Loop Unbundling, Message-Based value Added Services, National Numbering Plan, Operator Portability, R&TTE Regulatory Framework, Telephone Service at a Fixed Location and Universal Service, VoIP

 
Validate RSS | Validate XHTML 1.1 | Validate CSS | Validate WAI-AAA-WCAG 1.0
 
This site has been developed to be accessible to users with special needs. Find out how to use access keys and other website features
 
 
© ANACOM 2013