Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Decree-Law
(This is not an official translation of the law)
Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 (Regulation (EU) 2018/644) sets out specific provisions to foster better cross-border parcel delivery services, in addition to the provisions set out in Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997, as amended, as regards regulatory oversight related to parcel delivery services, transparency of tariffs, the assessment of tariffs for certain cross-border parcel delivery services for the purpose of identifying those that are unreasonably high and the information provided by traders to consumers on cross-border parcel delivery services.
European Union regulations, which apply directly in all Member States, do not need to be transposed into national law. However, in compliance with paragraph 1 of article 8 of Regulation (EU) 2018/644, the penalty system applicable to infringements arising from non-compliance with the provisions set out therein must be established.
This decree-law thus aims, in accordance with the framework regime for administrative offences in the communications sector, approved by Law No 99/2009, of 4 September, as amended, to establish the penalties applicable to infringements of Regulation (EU) 2018/644.
Therefore:
Pursuant to paragraph 1a) of article 198 of the Constitution, the Government hereby decrees as follows:
Article 1
Subject-matter
This Decree-Law:
a) Lays down the penalty regime applicable to the violation of rules laid down in Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services;
b) Introduces the third amendment to Law No 17/2012, of 26 April, as amended by Decree-Law No 160/2013, of 19 November and Law No 16/2014, of 4 April, which lays down the legal regime that governs the provision of postal services, in full competition, on the national territory, as well as of international services to or from the national territory, transposing to the national legal system Directive 2008/6/EC of the European Parliament and of the Council, of 20 February 2008.
Article 2
Amendment to Law No 17/2012, of 26 April
Article 49 of Law No 17/2012 of 26 April, as it stands, is hereby amended to read as follows:
«Article 49
[...]
1 - [...].
2 – The following actions shall also constitute offences under Regulation (EU) No 2018/644 of the European Parliament and of the Council of 18 April 2018;
a) Violation of information duties set out in paragraphs 1 to 3 and 7 of article 4 of the referred Regulation;
b) Failure to comply with information requirements imposed pursuant to paragraph 5 of article 4 of the referred Regulation;
c) Breach of the duty set out in paragraph 1 of article 5 of the referred Regulation;
d) Breach of the duty set out in paragraph 6 of article 6 of the referred Regulation;
e) Breach of the duty to make information available set out in article 7 of the referred Regulation;
3 – Infringements provided for in points q) and ee) of paragraph 1 shall be deemed to be minor offences.
4 – Infringements provided for in points b), c), d), f), h), j), k), l), m), n), p), r), s), t), w), x), y), z), aa), bb) and dd) of paragraph 1 and in points a), b), c), d) and e) of paragraph 2 shall be deemed to be serious offences.
5 - (Former paragraph 4.)
6 - (Former paragraph 5.)
7 - (Former paragraph 6.)
8 - (Former paragraph 7.)
9 - (Former paragraph 8.)
10 - (Former paragraph 9.)
11 - (Former paragraph 10.)»
Article 3
Entry into force
This Decree-Law shall enter into force on the day following that of its publication.
Seen and approved by the Council of Ministers on 27 May 2021. - António Luís Santos da Costa - João Veloso da Silva Torres - Francisco Gonçalo Nunes André - Hugo Santos Mendes.
Promulgated on 5 June 2021.
Let it be published.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on 8 June 2021.
The Prime Minister, António Luís Santos da Costa.
