Insights

COMMERCIALIZATION OF CONSTRUCTION PRODUCTS

01/10/2013

In order to implement the Regulation (EU) 305/2011 of the European Parliament and of the Council dated 9 March 2011, in the Portuguese legal system, it was published the Decree-Law 130/2013, of September 10, 2013, to guarantee the harmonized conditions for the commercialization of construction products in the Portuguese Market. 

The new Law intendeds to ensure that the placing on the market of construction products complies with the rules for the expression of the performance of products corresponding to its essential characteristics, in accordance with harmonized technical specifications, drawn up with the basic requirements of the construction works. It also aims to ensure the conformity of the construction product with the performance declared by the manufacturer, creating the conditions for the free movement of these products throughout the European Economic area and in Turkey.  

We highlight the main aspects of the Law now approved: 

  • a) The security instructions and information's provided with the construction product should be written in Portuguese language; 
  • b) The Portuguese General Direction of Economic Activities is responsible for monitoring of the implementation of the Regulation (EU) 305/2011 and of the present diploma and the publicising of the references of the harmonized standards, applicable under the mentioned Regulation; 
  • c) The Portuguese Tax and Customs Authority is responsible to control at the external border the construction products covered by the Council Regulation (EU) no. 305/2011 provided from third countries; 
  • d) The Food Safety and Economic Authority is responsible for the supervision of the provisions stated in Regulation (EU) no. 305/2011 and in the present Decree-Law;
  •  e) The infringement to the rules regarding CE marking and declarations of performance laid down in the Regulation (EU) 305/2011 constitute an infraction punished with fines between € 500.00 and € 3,740.00 in the case of singular persons and between € 2,000.00 and € 44,890.00 in the case of collective persons. 

The law entered into force on September 11, 2013 and revokes Decree-Law 4/2007 of January 8, 2007 and Decree-Law 113/93 of April 10, 1993.

  

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