Presidência do Conselho de Ministros - Centro Jurídico (Presidency of the Council of Ministers - Legal Department)
Statement of Rectification
(This is not an official translation of the law)
Pursuant to Article 4(1)(h)(2) of Decree-Law 162/2007 of 3 May, it is hereby declared that Decree-Law 123/2009 of 21 May, published in the Diário da República, 1st series, no. 98, of 21 May 2009, was issued with the following inaccuracies which, in a statement by the issuer, are corrected as follows:
1 – In Article 3(2), where it reads:
“2 - For the purpose of point h) of the preceding paragraph, associated infrastructures shall include access routes to buildings and other infrastructures required to set up, remove, maintain or repair electronic communications cables in ducts and subducts.”
read:
“2 - For the purpose of point i) of the preceding paragraph, associated infrastructures shall include access routes to buildings and other infrastructures required to set up, remove, maintain or repair electronic communications cables in ducts and subducts.”
2 – In Article 13(4), where it reads:
“4 - For the use of infrastructures suitable for the accommodation of electronic communications networks that belong to the public or private domain of local authorities shall be due the fee provided for in article 106 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, and in this case the collection of other fees, charges, prices or remunerations is not allowed.”
read:
“4 - For the use of infrastructures suitable for the accommodation of electronic communications networks that belong to the public or private domain of local authorities shall be due the fee provided for in article 106 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, and in this case the collection of other fees, charges, prices or remunerations is not allowed.”
3 – In Article 21(1), where it reads:
“1 - Bodies referred to in article 2 may draw up and publicize technical instructions for the set up of equipment and systems of electronic communications networks in infrastructures they hold or manage.”
read:
“1 - Bodies referred to in article 2 may draw up and publicize technical instructions for the set up of equipment and systems of electronic communications networks in infrastructures they hold or manage.”
4 – In Article 22(6), where it reads:
“6 - To the settlement of conflicts referred to in the preceding article shall apply the dispute settlement procedure provided for in article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, duly adapted.”
read:
“6 - To the settlement of conflicts referred to in the preceding paragraph shall apply the dispute settlement procedure provided for in article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, duly adapted.”
5 – In Article 36(1), where it reads:
“1 - Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.”
read:
“1 - Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.”
6 - In the title of Article 53, where it reads:
“ Procedure for assessment of conformity of ITUR equipment and infrastructures “
read:
“ Procedure for assessment of conformity of ITUR equipment, devices and materials”
7 – In Article 66(1), where it reads:
“1 - Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.”
read:
“1 - Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.”
8 – In Article 79(c), where it reads:
“c) Ensure that training providers of qualifying and refreshing courses are duly qualified, pursuant to paragraph 4 of article 45”
read:
“c) Ensure that training providers of qualifying and refreshing courses are duly qualified, pursuant to paragraph 3 of article 45;”
9 – In Article 84(2), where it reads:
“2 - In the situations referred to in the preceding paragraph, the designer and installer must issue a guarantee instrument and provide it to the developer or management body of the concentration of buildings, to owners and co-owners applying for the set up and to ICP - ANACOM, within 10 days from the respective conclusion.”
read:
“2 - In the situations referred to in the preceding paragraph, the designer and installer must issue a guarantee instrument and provide it to the developer, to owners and tenants/unit owners applying for the set up and to ICP - ANACOM, within 10 days from the respective conclusion.”
10 – In Article 89(1)(h), where it reads:
“h) Non-compliance with decisions issued by ICP - ANACOM pursuant to paragraph 3 of article 19, as well as with the obligation provided for in paragraph 5 of article 19;”
read:
“h) Non-compliance with decisions issued by ICP - ANACOM pursuant to paragraph 3 of article 19, as well as with the obligation provided for in paragraph 4 of article 19;”
11 – In Article 89(3)(s), where it reads:
“s) Alteration of infrastructures in buildings with an ITED certificate contrary to paragraphs 1 to 3 of article 83;”
read:
“s) Alteration of infrastructures in buildings with an ITED certificate contrary to the provisions in article 83;”
12 – In Article 89(5), where it reads:
“1 - Breaches provided for in paragraph 1 a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r), paragraph 2 a), b), c), d), e), f), f), g), i), l), m), n) p), r), s), t), u), x) and bb), paragraph 3 a), b), c), d), e), f), i), j), m), n) o), p) q), r), s), t), u) and v) and in paragraph 4 are liable to a fine between (euro) 500 and (euro) 3740 and between (euro) 5000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.”
read:
“1 - Breaches provided for in paragraph 1 a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r), paragraph 2 a), b), c), d), e), f), g), i), l), m), n) p), r), s), t), u), x) and bb), paragraph 3 a), b), c), d), e), f), i), j), m), n) o), p) q), r), s), t), u) and v) and in paragraph 4 are liable to a fine between (euro) 500 and (euro) 3740 and between (euro) 5000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.”
13 – In Article 91(7), where it reads:
“7 - Where breach proceedings have been initiated following a report made by a local authority, pursuant to paragraph 5, the amount of fines reverts to the State at 60 %, to ICP - ANACOM at 20 % and to the local authority at 20 %.”
read:
“7 - Where breach proceedings have been initiated following a report made by a local authority, pursuant to paragraph 5, the amount of fines reverts to the State at 60 %, to ICP - ANACOM at 20 % and to the local authority at 20 %.”
14 – In Article 101, where it reads:
“ Within 30 days from the date of publication hereof, ICP - ANACOM and public professional associations shall reach an agreement on the terms of the provision of information provided for in paragraph 2 of article 37 and in paragraph 2 of article 67”
read:
“ Within 30 days from the date of publication hereof, ICP - ANACOM and public professional associations shall reach an agreement on the terms of the provision of information provided for in paragraph 2 of article 37 and in paragraph 4 of article 67”
15 - In Article 109(2), where it reads:
“2 - The rules and procedures published by ICP - ANACOM pursuant to and in compliance with Decree-Law no. 59/2000, of 19 April, shall remain in force until their replacement by those published pursuant hereto.”
read:
“2 - The rules and procedures published pursuant to and in compliance with Decree-Law no. 59/2000, of 19 April, shall remain in force until their replacement by those published pursuant hereto.”
Legal Department, 22 June 2009. - The Deputy Director, Pedro Delgado Alves.
