The Second Amendment To Law No. 5/2004, Of 10 February (Electronic Communications Law), Establishing The Sanctions Regime Applicable To Infringements Of The Regulation (Ec) No 717/2007 Of The European Parliament And Of The Council Of 27 June 2007,
Original Language Title: Procede à segunda alteração à Lei n.º 5/2004, de 10 de Fevereiro (Lei das Comunicações Electrónicas), estabelecendo o regime sancionatório aplicável às infracções ao Regulamento (CE) n.º 717/2007 do Parlamento Europeu e do Conselho de 27 de Junho de 2007,
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1 PROPOSAL of law No. 190/X explanatory memorandum was published in the official journal of the European communities, Commission Regulation (EC) no 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks in the community and amending Council Directive 2002/21/EC of the European Parliament and of the Council , March 7, on a common regulatory framework for electronic communications networks and services (framework directive). In order to allow the adoption of the regime created vis-à-vis the Community guidelines in force, the regulation in question has added a paragraph 5 to article 1 of the framework directive, under which the said directive and the specific directives-Directives No. 2002/19/EC, 2002/20/EC and 2002/22/EC all of the European Parliament and of the Council of 7 March-without prejudice to any specific measure adopted for the regulation of international roaming on networks public mobile telephone of the community. Regulation (EC) no 717/2007 is therefore a special regime in the face of constant directives. Community regulations have general character, are required in its entirety and directly applicable in all Member States (article 249 of the Treaty establishing the European Community). No need for this Act of transposition. Those directives at national level – Nos 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC, and Directive No. 2002/77/EC of the Commission of 16 September, are transposed by law No 5/2004, of 10 February (LCE), which establishes the legal regime applicable to electronic communications networks and services and associated facilities and services and sets out the powers of the national regulatory authority in this area. In this context, the arrangements laid down by Regulation (EC) no 717/2007 should also be understood as particular in relation to the framework set in the ICE. Notwithstanding the above, in the present case, article 9 of the Regulation provides that ' Member States shall define the system of penalties applicable to infringements of this regulation 2 shall take all necessary measures to ensure their implementation». So, to your application on the national territory, it is now in compliance with the principle of legality, the prevailing legal system sanctions regime applicable to possible breaches of the obligations laid down in the Regulation. To provide for sanctions must be effective, proportionate and dissuasive. It is with this aim that the present Bill, once you understand the Government sanctions regime to be imposed should be consistent with the constant of ICE. Remind yourself that this seat, understand the Assembly of the Republic raise the maximum amount of fines applicable for ICP-ANACOM under violation process established for breach of obligations under the legal regime applicable to electronic communications. Similarly, consistent with the regime laid down in ice, understand the Government be to predict in this proposal of law the possibility of applying the penalty to cases of non-compliance with decisions of the ICP-ANACOM made in exercise of the powers which the Council Regulation (EC) no 717/2007 assigns you.
On the other hand, given the relationship of this matter with one that is ice, and despite the relationship between specialty both regimes, the Government introduce the article in your own ICE, thus avoiding the morass. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 Amendment to law No. 5/2004, of 10 February is added to law No. 5/2004, of 10 February, article 121-the with is replaced by the following: ' article 121-No. international roaming on public mobile telephone networks in the community 1-under Regulation (EC) no 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the community, and amending Directive No. 3 2002/21/EC of the European Parliament and of the Council of 7 March, on a common regulatory framework for electronic communications networks and services, constitute administrative offences: a) the breach of the obligations arising out of paragraphs 1 and 2 of article 3 of article 4 and article 6 of that regulation; b) the violation of the obligation to inform provided for in paragraph 4 of article 7 of that regulation; c) violation of determinations issued by the national regulatory authority (NRA) in the use of the powers conferred by paragraphs 5 and 6 of article 7 of that regulation. 2-The contravention referred to in the preceding paragraph are punishable with a fine of € 5,000 to € 5 000 000. 3-where the alleged infringement resulting from the failure to comply with a legal duty as provided for in Regulation (EC) no 717/2007 of the European Parliament and of the Council of 27 June 2007, or an order issued by the NRA issued pursuant to paragraphs 5 and 6 of article 7 of that regulation, the application of sanctions or your compliance with do not exempt the offender from the line of duty or of order If this is still possible. 4-shall apply the sanctions provided for in this article the administrative arrangements referred to in paragraphs 4 and 5 of article 113, paragraphs 1 to 4 of article 115 and in article 116 and 117 of this law.»
Article 2 entry into force this law shall enter into force on the day following your publication Seen and approved by the Council of Ministers of 20 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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