Ministérios da Indústria e Energia e das Obras Públicas, Transportes e Comunicações (Ministries of Industry and Energy and Public Works, Transport and Communications)
Administrative Rule
The Ministerial Ruling no. 767 A-93 of August 31st develops the general principles laid down in Decree-Law no. 74/92 of April 29th which transposes to the national legal system Directive no. 89/336/EC of the Council of May 3rd on electromagnetic compatibility.
The said ruling no. 767 - A/93 of August 31st especially defines both the rules and technical characteristics of the appliances considered in the said directive and the guidelines for emission for the Instituto das Comunicações de Portugal (ICP), the EC type certificate and compliance and marking of appliances.
Since Directive no. 89/336/EC was amended by the text of Directive no. 93/68/EC of Compliance 22nd, adopted by the Council with a view to harmonizing the provisions on affixing and using the mark «EC», it is necessary to accordingly amend the current normative framework.
It is in this context that Decree-Law no. 98/95 of May 17th amended Decree-Law no. 74/92 of April 29th, and it is now necessary to amend Ruling no. 767-A/93 of August 31st.
In these terms:
The Government hereby orders, through the Ministers of Industry and Energy and Public Works, Transport and Communications, under nrs. 3 and 4 of art. 5 of Decree-Law no. 74/92 of April 29th, amended in its text by Decree-Law no. 98/95 of May 17th, as follows:
1st. nrs. 12, 13, 14 and 21 of Ruling no. 767-A/93 of August 31st be recast as follows:
12. Once the compliance of the appliances is proven according to the terms provided for under nrs. 5, 10 and 11, the manufacturer or his representative, whoever is established at the European Union, shall affix the compliance mark «EC» onto the appliance itself, or, if this is not possible, on the packaging in the user s instructions or on the manufacturer s certificate of guarantee.
13. It is presumed that the appliances on which the compliance mark «EC» is affixed are in compliance with all the requirements applicable to them, in addition to those especially provided for in this ruling.
14. In the compliance mark «EC» figuring in the annexe to this ruling, of which it forms an integral part, the proportions resulting from the graded symbol represented, must be observed in case of reduction or expansion, where the vertical dimension of the elements which make it up cannot be less than 5 mm.
21. Opting for the alternative mentioned in the earlier number does not grant one the right to affix the «EC» mark mentioned in no. 14, without prejudice to the mark being affixed at the time of compliance of the appliances with other directives also applicable and, in this case, the references of the directives applicable must figure in the documents, manuals or instructions which come along with the appliances, as the «EC» mark merely concerns compliance with the said directives.
2nd. no. 22 is added to Ruling no. 767-A/93 of August 31st, with the following text:
22. Up to January 1st 1997, Appliances complying with the marking regimes in force on January 1st, 1995 may be placed on the market and used.
Ministries of Industry and Energy and Public Works, Transport and Communications.
ANNEX
The compliance mark «EC» is made up of the initials «EC» according to the following symbol :
Signed on June 20th, 1995. For the Minister of Industry and Energy, Luís Filipe da Conceição Pereira, Secretary of State for Energy. For the Minister of Public Works, Transport and Communications, Carlos Alberto Pereira da Silva Costa, Secretary of State for Housing.
