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Proposal for Law No 157 /XII

Exhibition of Motives

The Decree-Law No. 320/2002 of December 28, came to establish the applicable provisions

to the maintenance and inspection of lifts, mounts, mechanical ladders and carpets

scrolls, after their entry into service, and fixed the conditions of access to the activities of

maintenance and inspection of the said facilities.

However, during the application of the said diploma, it was found that the standards

relating to the requirements necessary for access to the activity of the Maintenance Companies

of Lifting Facilities (EMIE) and its professionals, as well as the requirements for the

access to the activity of the Lifting Facilities of Elevation (EIIE) and its Facilities Inspectors

professionals, did not find themselves in full compliance with the legal framework in force, in

virtue of the legislative developments however recorded, and it has proved necessary to introduce

changes in such a way as to increase the competition of providers of this type of services,

as well as simplifying and streamlining the recognition procedures of the same for

that can play those activities.

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In concrete, in development of the principles enshrined in the Decree-Law

n ° 92/2010 of July 26 laying down the principles and rules required for

simplify the free access and exercise of the service activities and transpose the Directive

n. 2006 /123/CE, of the European Parliament and of the Council of December 12, 2006,

on services in the internal market, it was found to be necessary to reduce and eliminate

superfluous or disproportionate obstacles, as well as requirements that may be

deemed to be discriminatory or restrictive of the access and exercise of the activities covered,

without, however, leaving to accrate the competences of the municipalities in respect of

supervision of elevators and, likewise, the possibility of technical services

Cameroon exercise maintenance activity on municipal property and the activity

of inspection.

In this context, the present law has the object to replace the specific regulation concerning the

EMIE and EIIE, currently provided for in Articles 6 and 10 and Annexes I and IV to the Decree-Law

n ° 320/2002 of December 28, consequently proceeding to the revocation of those

standards.

For this purpose, the centralisation of the corresponding procedures at the counter is implemented

only Electronico provided for in Article 6 of the Decree-Law No. 92/2010 of July 26, and

devotes itself to the rule of tacit deferrals, referring equally to the regimes of the

mutual recognition of requirements and of the administrative cooperation provided for in the same

Decree-Law No 92/2010 of July 26, at the same time as, where necessary, if

achieve some aspements of the discipline approved by Law No 9/2009 of March 4,

amended by Law No. 41/2012 of August 28, which transposed Directive No 2005 /36/CE, of the

Parliament and of the Council of September 7 on the recognition of qualifications

professionals.

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The governing bodies of the Autonomous Regions, the Association, were heard

National of Portuguese Municipalities, the Order of Engineers, the Order of the

Technical Engineers, the Corporate Confederation of Portugal and the Commission of

Regulation of Access to Professions.

Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic,

the National Data Protection Commission should be heard.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Object

1-A present law approves the requirements for the access and exercise of the activity of the Companies of

Maintenance of Lifting Facilities (EMIE), as well as access requirements and

exercise of the activity of the Lifting Facilities Inspectors of Elevation (EIIE) and of the

your professionals, in accordance with the provisions of the Decree-Law No. 92/2010, of 26

of July, which sets out the principles and rules necessary to simplify the free

access and exercise of the activities of services and transposes Directive No 2006 /123/CE, of the

European Parliament and of the Council of December 12, 2006 on the market

internal of the Services, and repeal the provisions of Article 6, paragraph 5, Article 7, in the article

10, in Article 25 (2) and (3) and Annexes I and IV to Decree-Law No 320/2002, 28

of December.

2-A This Law further incorporates the discipline of Law No 9/2009 of March 4, amended

by Law No. 41/2012 of August 28, which transposes to the internal legal order a

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Directive No 2005 /36/CE, of the European Parliament and of the Council of September 7,

on the recognition of professional qualifications.

Article 2.

Access and exercise of the activities of EMIE and EIIE

1-The exercise of lifter maintenance activity, mechanical ladders, carpets

scrolls, assemblloads and platforms meant to move people only can be

exercised by EMIE to comply with the requirements set out in this Law.

2-Without prejudice to the competences assigned to the municipal chambers, the exercise of the

activity of carrying out inspection acts, enquiries and peritages to lifts, stairs

mechanics, rolling mats, assembles-loads and platforms intended to move around

people, as well as from issuing the corresponding reports and opinions, can only

be exercised by EIIE that comply with the requirements set out in this Law.

3-With the exception of the situations provided for in Article 29, the access and exercise of the activity of the

EMIE and EIIE depend on recognition by the Directorate-General of Energy and

Geology (DGEG), pursuant to the provisions of this Law.

4-The cameroonian technical services that exercise the activity of maintenance of facilities

on municipal property must:

a) Be recognized by DGEG pursuant to Articles 10 and 11, as per

have or not the certification referred to in paragraph a ) of Article 4 (2),

applying the provisions of Article 16, with due adaptations;

b) Comply, with due adaptations, the provisions of Articles 5, 6, 7, nos 1

is 3 of Article 8, Articles 15, 19 and paragraph 2 of Article 30.

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5-The technical technical services that, under the law, exercise the inspection activity

do not lack the accreditation referred to in Article 17 (2), but shall:

a) Be recognized by the DGEG, pursuant to paragraphs 1 and 3 a to 6 of Article 17,

applying the provisions of Article 27, with due adaptations;

b) Comply, with due adaptations, the provisions of Article 18, in the paragraphs 1 a to 3 of the

19., in Articles 26, 29 and in Article 30 (2).

Article 3.

Mutual recognition

1-You are vetted the duplication of conditions required for the procedures laid down in the

present law and the requirements and checks of end equivalent to which the applicant has already

been submitted in Portugal or in another member state of the European Union or of the

European Economic Area, under the terms of the a ) of Article 11 (1) of the

Decree-Law No. 92/2010 of July 26.

2-The recognition of professional qualifications acquired outside the national territory,

by citizens of the European Union or the European Economic Area, shall be governed by the Law

n ° 9/2009 of March 4, amended by Law No. 41/2012 of August 28.

CHAPTER II

Maintenance Companies of Lifting Facilities (EMIE)

SECTION I

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Requirements for access and exercise of EMIE activity

Article 4.

Idoneity and capacity

1-The recognition of an EMIE is based on the analysis of idoneity, technical competence

and capacity in human and material means of the applicant entity.

2-For the purposes of the provisions of the preceding paragraph, the EMIE, to exercise the activities

provided for in Article 2 (1), shall:

a) Get pre-certification, in accordance with ISO 9001, for the activities of

maintenance of lifting facilities, granted by entity accredited by the

Portuguese Institute of Accreditation, I.P. (IPAC, I.P.) or by homologous entity

signatory to the multilateral agreement of the European Co-operation for Accreditation (EA); or

b) Demonstrate the fulfillment of the following cumulative requirements:

i) Possess an informatic system appropriate to the exercise of its activity;

ii) Have a two-way communication system that allows you to offer

permanent listening and relief services in cases of emergency;

iii) Have rules relating to the file and organisation of data concerning the

lifting facilities whose maintenance is the responsibility of them.

Article 5.

Table of technical personnel

1-The roles of technician responsible for maintenance and conservation technician are

ensured by the technical personnel framework of the EMIE.

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2-The technician responsible for maintenance ensures compliance with all requirements

technicians and security of the lifts under their responsibility at an EMIE.

3-The conservation technician performs the work and interventions carried out within the framework of the

activity of an EMIE.

4-EMIE must present and maintain a technical staff framework with character

permanent, which includes at least one technician responsible for the maintenance that, in that

case, accumulates the functions of conservation technician.

5-The requirements for the detention and maintenance of the technical personnel framework referred to in the

previous number consider themselves to be met upon proof of the existence of

service contracts between the entity and the professionals who

necessarily must integrate that framework, as long as the activity of the professionals

be effectively supervised by the company.

Article 6.

Technicians responsible for maintenance

1-Without prejudice to the provisions of Article 4 (2) of Law No 9/2009 of March 4,

amended by Law No. 41/2012 of August 28, the technicians responsible for the

maintenance are engineers, compulsorily enrolled in the Order of Engineers,

of the specialties of Mechanical Engineering or Electrotechnical Engineering, or

technical engineers, compulsorily enrolled in the Order of Technical Engineers,

of the specialties of Mechanical Engineering or of Energy and Systems Engineering

of Potence.

2-The recognition of professional qualifications for the technicians responsible for the

maintenance of EMIE, acquired outside the national territory by nationals of States

members of the European Union or of the European Economic Area who establish themselves

in national territory, is the competence of the competent professional public association,

pursuant to Law No. 9/2009 of March 4, as amended by Law No. 41/2012, 28 of

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August, and the respected statutes and too many applicable norms.

Article 7.

Conservation technicians

1-Conservation technicians must possess the theoretical and practical knowledge

appropriate to the performance of their functions, evidenced by the EMIE for which

work or provide services.

2-For the purposes of the provisions of the preceding paragraph, may EMIE require the technicians to

conservation proof of frequency of teaching courses, vocational training

or experience in areas that consider relevant for the performance of your

functions.

Article 8.

Civil liability insurance

1-Without prejudice to the provisions of paragraphs 4 and 5, the EMIE must compulsorily have to

a valid civil liability insurance to cover any bodily damages and

materials suffered by third parties, in the course and as a result of the exercise of their activity.

2-The mandatory minimum value of the insurance referred to in the preceding paragraph is

1200000 EUR.

3-The mandatory minimum value of insurance is updated annually until March 31,

upon the application of the consumer price index, on the continent, without housing,

published by the National Institute of Statistics, I. P. (INE, I.P.).

4-The EMIE established in another member state of the European Union or Space

European Economic Union may replace the insurance celebration referred to in the figures

previous ones by insurance, financial guarantee or equivalent instrument, which covers, nos

terms set out in the previous figures, the respective activities to be carried out in territory

national, pursuant to Article 13 (2) and (3) of the Decree-Law No. 92/2010, 26 of

July.

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5-The EMIE in free benefit scheme in Portugal that are obliged, on the terms

of the legislation of the State member state of origin, to the hiring of any other insurance,

financial guarantee or equivalent instrument subscribed to in another member state of the

European Union or the European Economic Area, for the coverage of damage

corporals and materials suffered by third parties, in the course and as a result of the exercise of the

your activity on national territory, are exempt from the obligation referred to in the numbers

previous.

6-In the situations referred to in the preceding paragraph, the information set out in the paragraph m) from the

n Article 20 (1) of the Decree-Law No 92/2010 of July 26, refer to any

other insurance, financial guarantee or equivalent instrument subscribed in another state

member of the European Union or of the European Economic Area hired on the terms

of the legislation of the member state of origin, and the EMIE shall identify the authority

competent from that State which exercises punitive power for the violation of the requirement in

cause in national territory, where this is requested by the recipient of the

service or by competent authority.

Article 9.

Mismatch

EMIE cannot exercise the activity of EIIE.

SECTION II

Procedure, duration and other vicissitudes of the recognition of EMIE

Article 10.

Request for recognition by entities with certification

The entities that possess certification in accordance with ISO 9001 for the activities of

maintenance of lifting facilities, granted by entity accredited by IPAC, I.P.,

or by a signatory homologous entity of the multilateral EA agreement, must present the

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application for recognition as EMIE to the Director General of Energy and Geology,

accompanied by the following elements:

a) Copy of the supporting document of the certification respecting certification;

b) Access code to respect permanent certificate or excerpt in simple form

of the content of the inscriptions in force in the commercial register, where the object, capital conss

and headquarters, names of the legal representatives as well as the number of collective person,

case the applicant is a collective person;

c) Simple copy of the respective identification document, if the applicant is

natural person;

d) Framework of personnel at their service on national territory under Article 5,

together with the supporting documents of the professional qualifications

of the technicians responsible for the maintenance and copying of the employment contracts or

of provision of services concluded with such technicians;

e) Copy of the policy of civil liability insurance or voucher of

hiring of financial guarantee or equivalent instrument, pursuant to the

article 8;

f) Statement, under commitment of honour, that you have become aware of the duties

and legal and regulatory standards applicable to the maintenance activity of

uplifting facilities, committing to ensure their strict

compliance.

Article 11.

Request for recognition by entities without certification

1-The entities that do not possess certification, in accordance with ISO 9001, for the

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maintenance activities of lifting facilities, granted by accredited entity

by IPAC, I.P., or by a signatory homologous entity of the multilateral EA agreement,

they must submit the application for recognition as EMIE to the Director General of Energy

and Geology, accompanied by the following elements, in addition to those in the

points b) the f) of the previous article:

a) Organization chart of the company;

b) Relation of the equipment used in the exercise of the activities, accompanied by the

certificates of calibration certificates, and shall include at least the following:

i) Tachometer;

ii) Megaohmmeter;

iii) Multimetric tweeziness;

iv) Luximeter.

c) Declaration that it has a proper computer system for the exercise of its

activity;

d) Declaration that it has a bidirectional communication system that

allow to offer permanent care and relief services in cases of

emergency;

e) Declaration that it has rules regarding the file and organisation of data

concerning the lifting facilities the maintenance of which is their responsibility.

2-A The final express decision of the application for recognition of entities that do not possess

certification must be preceded by an audit, to be carried out simultaneously by DGEG

and by one of the following entities, the solicitation of DGEG:

a ) Body notified under the scope of Decree-Law No. 295/98 of September 22,

amended by Decree-Law No 176/2008 of August 26;

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b) Body notified under the scope of Decree-Law No. 103/2008 of June 26,

amended by Decree-Law No 75/2011 of June 20;

c) Inspecting entity of lifting facilities (EIIE).

Article 12.

Deadline for decision

1-A Decision on the application for recognition for EMIE with certification is issued

by DGEG within 30 working days, from the date of receiving the application

regularly instructed.

2-A decision on the application for recognition as EMIE by entities without

certification is delivered by DGEG within the maximum of 45 working days subsequent to the

complete statement of the order.

Article 13.

Tacit deinjury

1-Finds the time limits provided for in the previous article without being delivered dispatch, the application

of recognition considers themselves tacitly deinjured, and the applicant may initiate

immediate to the activity.

2-In the cases provided for in the preceding paragraph, DGEG shall, on the 1. day after the term

of the time limits referred to therein, automatically issue the certificate of recognition of the

applicant.

Article 14.

Duration of recognition

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Recognition is not subject to an expiry date, without prejudice to its revocation

or suspension, in the terms provided for in Article 16.

Article 15.

Replacement of technicians

The replacement of the technicians responsible for maintenance at the service of EMIE, in

national territory, it must be by these communicated to DGEG, within 30 days after its

effectivation, upon application accompanied by the supporting documents of the

professional qualifications of the new technicians responsible for the maintenance and copying of the

contracts for work or provision of services concluded with such technicians.

Article 16.

Revocation or suspension of recognition

1-A DGEG may determine the revocation or suspension of recognition of a

EMIE, in the following cases:

a) Suspension or cancellation of the certification, in the case of EMIE recognized in the

terms provided for in Article 10;

b) Lack of minimum staffing framework or hiring of technicians

responsible for maintenance that do not comply with the provisions of Article 6.

c) Default of the legislation or regulations applicable to the exercise of the

activity;

d) Deficient maintenance of the facilities to their responsibility, of which

resulted in serious anomalies in the operation of equipment;

e) Non-liability insurance of civil liability or financial guarantee or

equivalent instrument, in accordance with Article 8;

f) Dissolution, insolvency or suspension of the company's activity.

2-For the purposes of the provisions of the a ) of the previous number, the certification bodies

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accredited by IPAC, I.P., must immediately communicate to DGEG the suspension or

cancellation of a certification.

3-A revocation or suspension is determined by dispatching of the Director General of Energy and

Geology.

CHAPTER III

Entities Inspectors of Lifting Facilities (EIIE)

SECTION I

Access and exercise requirements of the activity of EIIE and its professionals

Article 17.

Idoneity and capacity

1-The recognition of an EIIE is based on the analysis of idoneity, technical competence and

capacity in human and material means of the applicant entity.

2-Without prejudice to the possibility of provisional recognition, for a maximum period

of two years, pursuant to Rule 22 for the purposes of its recognition, EIIE

must obtain in advance their accreditation, for the exercise of the activities provided for in the

n Article 2 (2), according to ISO/IEC 17020 by IPAC, I.P., or by entity

signatory homologous of the multilateral agreement of the EA.

3-EIIE shall also have a framework of technical and administrative staff and

possess the means necessary to comply in an appropriate manner all connected actions

to the exercise of its activity.

4-The technical staff of EIIE is composed of the technical director and the inspectors,

competing in the first directing and coordinating the work of the inspectors and to these carry out

the acts provided for in paragraph 2 (2).

5-The EIIE technical personnel framework shall include at least one technical director, who,

in that case, accumulates the duties of inspector.

6-The requirements for the detention and maintenance of the technical personnel framework referred to in the

previous number consider themselves to be met upon proof of the existence of

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service contracts between the entity and the professionals who

necessarily must integrate that framework, as long as the activity of the professionals

be effectively supervised by the company.

Article 18.

Technical director and inspectors

1-Without prejudice to the provisions of Article 4 (2) of Law No 9/2009 of March 4,

amended by Law No. 41/2012 of August 28, the technical director and the inspectors are

engineers, compulsorily enrolled in the Order of Engineers, specialties

of Mechanical Engineering or Electrotechnical Engineering or technical engineers,

compulsorily enrolled in the Order of Technical Engineers, the specialties of

Mechanical Engineering or Power Engineering and Power Systems Engineering.

2-The technical director must have at least five years of experience in the area of the premises

of elevation, whether it be in the installation, maintenance or inspection.

3-The inspectors must have, at the very least, two years of experience in the area of the facilities of

elevation, whether it be in the installation or maintenance.

4-The recognition of professional qualifications for technical directors and for the

inspectors from EIIE acquired outside the national territory, by nationals of states

members of the European Union or of the European Economic Area who establish themselves

in national territory, is the joint competence of the DGEG and the public association

competent professional, pursuant to Law No. 9/2009 of March 4, amended by the Law

n. 41/2012 of August 28, of the respected statutes, of this Article and too

applicable standards, in accordance with the following allocation of responsibilities:

a) For the recognition of qualifications identified in paragraph 1, it is competent to

public professional association concerned on the grounds of matter;

b) For the recognition of the professional experience referred to in paragraphs 2 and 3, it is

competent to DGEG.

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5-The technical directors and inspectors of EIIE, who wish to exercise activity in regime

of free provision of services on national territory, are subject to the scheme of

prior verification of the constant qualifications of Article 6 of Law No 9/2009 of 4 of

March, amended by Law No 41/2012 of August 28, by the impact of the said

occupations in public safety, in the safety strand of persons of the competence of the

DGEG, with the collaboration of the competent professional public association.

Article 19.

Civil liability insurance

1-Without prejudice to the provisions of paragraphs 4 and 5, EIIE must compulsorily have a

valid civil liability insurance to cover any bodily and material damages

suffered by third parties, in the course and as a result of the exercise of its activity.

2-The mandatory minimum value of the insurance referred to in the preceding paragraph is EUR 200000.

3-The mandatory minimum value of insurance is updated annually until March 31,

upon the application of the consumer price index, on the continent, without housing,

published by the INE, I. P..

4-EIIE established in another member state of the European Union or Space

European Economic Union may replace the insurance celebration referred to in the figures

previous ones by insurance, financial guarantee or equivalent instrument, which covers, nos

terms set out in the previous figures, the respective activities to be carried out in territory

national, pursuant to Article 13 (2) and (3) of the Decree-Law No. 92/2010, of 26 of

July.

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5-The EIIE in free benefit scheme in Portugal that are obliged, in the terms

of the legislation of the State member state of origin, to the hiring of any other insurance,

financial guarantee or equivalent instrument subscribed to in another member state of the

European Union or the European Economic Area, for the coverage of damage

corporals and materials suffered by third parties, in the course and as a result of the exercise of the

your activity on national territory, are exempt from the obligation referred to in the numbers

previous.

6-In the situations referred to in the preceding paragraph, the information set out in the paragraph m) from the

n Article 20 (1) of the Decree-Law No 92/2010 of July 26, refer to any

other insurance, financial guarantee or equivalent instrument subscribed in another state

member of the European Union or of the European Economic Area hired on the terms

of the legislation of the member state of origin, and the EIIE should identify the authority

competent from that State which exercises punitive power for the violation of the requirement in

cause in national territory, where this is requested by the recipient of the

service or by competent authority.

Article 20.

Ético-professional duties

1-The designers, manufacturers, suppliers, assemblers and conservatives of installations, or

any your collaborator, may not be partners, managers or shareholders of EIIE, nor

exercise the post of technical director, inspector or administrative officer of them.

2-EIIE technicians who have collaborated with leading manufacturers, installers

or of maintenance shall not, during the period of one year from the date on which

such a collaboration, exercise the activities provided for in this chapter in installations

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located on national territory that have been manufactured, installed or preserved

by those.

3-EIIE cannot exercise the activity of an EMIE.

4-EIIE and its collaborators are covered by the professional secret

concerning the information obtained in the performance of their duties, except in relation

to the competent official entities within the framework of this Law.

SECTION II

Procedure, duration and other vicissitudes of the recognition of EIIE

Article 21.

Request for recognition

The entities interested in obtaining the recognition for the purpose of exercise of the activity

of EIIE, they must submit an application in this direction directed at the Director General of

Energy and Geology, accompanied by the following elements:

a) Access code to respect permanent certificate or excerpt in simple form

of the content of the inscriptions in force in the commercial register, where the object, capital conss

and headquarters, names of the legal representatives, as well as the number of collective person,

case the applicant is a collective person;

b) Simple copy of the respective identification document, if the applicant is

natural person;

c) Professional résumé of the technical director and inspectors at your service in territory

national, supporting documents of their professional qualifications,

issued by the professional public associations to which the same belong, and

copy of the employment or service contracts concluded with those

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professionals;

d) Copy of the policy of civil liability insurance or voucher of

hiring of financial guarantee or equivalent instrument, pursuant to the

article 19;

e) Declaration, under commitment of honour, that you have taken notice of the duties and

legal and regulatory standards applicable to the activity of EIIE, compromising-

if you ensure your strict compliance;

f) Declaration of non-existence of incompatibility of the entity, of the technical director and

of the inspectors for the exercise of the activity;

g) Document proving the respect accreditation.

Article 22.

Provisional recognition

1-The unaccredited entities for the exercise of the activities provided for in paragraph 2 of the

article 2 may be provisionally recognized in the DGEG, provided that, in addition to

presentation of the documents referred to in the previous article, excepted to your point g) ,

make proof of:

a) There shall be submitted the application for accreditation for the exercise of the planned activities

in Article 2 (2) together with the IPAC, I.P.;

b) Possess technical and administrative capacity for the realization of the inspections,

including the organogram and flowchart of its procedures, so as to

allow to validate your recognition;

c) Possess written technical procedures, intended to be used in the various

types of inspection that they propose to carry out, and the minimum technical equipment

necessary for the realization of the inspections.

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2-Within two years, from the date of the respective provisional recognition, the

EIIE must carry out its accreditation and present to DGEG the correspondent

proving, for the purpose of convolation of its recognition in definite.

3-Elapsed the time limit referred to in the preceding paragraph without showing fulfilled what is there if

provides, the DGEG declares, heard the EIIE, the expiry of the provisional recognition.

Article 23.

Deadline for recognition decision

The decision on the application for recognition is issued by DGEG at the maximum time of

30 working days, from the date of the regularly instructed request.

Article 24.

Tacit deinjury

1-Fishing the period provided for in the previous article without being delivered dispatched, the request for

recognition considers themselves tacitly deinjured, and the applicant may initiate

immediate to the activity.

2-In the cases provided for in the preceding paragraph, DGEG shall, on the 1. day after the expiry of the

deadline referred to therein, issue the applicant's certificate of recognition.

Article 25.

Duration of recognition

With the exception of the provisional recognition provided for in Article 22, the recognition does not

is subject to the expiry date, without prejudice to its revocation or suspension, in the

terms provided for in Article 27.

Article 26.

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Replacement of technical director or inspectors

The replacement of the technical director or the inspectors to the service of EIIE, in territory

national, must by these be communicated to the DGEG, within 30 days after its

effectivation, upon application accompanied by the professional curricula, documents

proof of the professional qualifications, copy of employment contracts or of

provision of services and declarations of non-existence of incompatibilities of the new

technical directors and inspectors.

Article 27.

Revocation or suspension of recognition

1-A DGEG may determine the revocation or suspension of recognition of an EIIE,

in the following cases:

a ) Suspension or cancellation of accreditation;

b ) Lack of minimum technical staff frame or director hiring

coach or inspector who do not comply with the provisions of Article 18;

c) Default of the legislation or regulations applicable to the exercise of the

activity;

d) Deficient inspection of the facilities;

e) Non-liability insurance of civil liability or financial guarantee or

equivalent instrument, in accordance with Article 19;

f) Dissolution, insolvency or suspension of the company's activity.

2-For the purposes of the provisions of the a) of the previous number, the IPAC, I.P., shall communicate

right away to DGEG the suspension or cancellation of an accreditation.

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3-A The revocation is determined by dispatching from the Director General of Energy and Geology.

CHAPTER IV

Entities legally established in another Member State of the European Union

or the European Economic Area

Article 28.

Free provision of services

1-The legally established entities in another Member State of the European Union or

of the European Economic Area for the practice of some of the activities foreseen in the

n. paragraphs 1 and 2 of Article 2 may, pursuant to Article 4 (3) of the Decree-Law No

92/2010, from 26 of j ulho, exercise these same activities in the occasional way and

sporadic on national territory.

2-For the purposes of the provisions of the preceding paragraph, the entities wishing to exercise the

maintenance activity of lifts, mechanical ladders, rolling mats, mounts-

loads and platforms meant to move people around, must present a mere

prior communication to DGEG, accompanied by the documentation referred to in the

points d) a f) of Article 10 and in the paragraphs c) a and ) of Article 11 (1), cumin, in the

referring to professionals in free provision of services, the terms provided for in the

Article 5 of Law No. 9/2009 of March 4, amended by Law No. 41/2012, 28 of

August, before the competent professional public association.

3-A documentation referred to in para. d) of Article 10 may be replaced, relatively

to professionals in free provision of services that have already complied with the terms

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provided for in Article 5 of Law No 9/2009 of March 4, amended by Law No 41/2012,

of August 28, before the competent professional public association, by document

proof of that fact.

4-For the purposes of the provisions of paragraph 1, the entities wishing to exercise the activity of

realization of inspection acts, enquiries and perisets to lifts, mechanical stairs,

rolant carpets, mounts and platforms meant to move people, must

present a mere prior communication to DGEG, accompanied by the documentation

referred to in points c) a f) of Article 21, which serves, in respect of the mentioned above

c ), of prior declaration relating to the professionals concerned, in the terms and for the purposes

of Article 6 of Law No 9/2009 of March 4, amended by Law No. 41/2012, 28 of

August, and of Article 18.

5-A DGEG cooperates with the competent professional public associations in the recetion and

treatment of the prior declaration referred to in the preceding paragraph, pursuant to Articles 5.

and 6 of Law No. 9/2009 of March 4, as amended by Law No 41/2012 of August 28,

of the respected statutes and other applicable standards and in accordance with the

allocation of competences set out in Article 18 (4).

6-A The prior communication referred to in paragraphs 2 and 4 is held a single time, at the time of the

first provision of services in Portugal, not being subject to expiry date.

7-The entities referred to in the previous figures are equated, for all purposes

legal, the EMIE and EIIE, as the case may be, by becoming subject to compliance with the

exercise requirements of the activity that are applicable to them, namely to the

provisions of Articles 9 and 15, in the case of EMIE, in Article 20 (2 a) to 4 and in the

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article 26, in the case of EIIE, in Article 30 (1).

CHAPTER V

Monitoring of the activities and information duties of EMIE and EIIE

Article 29.

Monitoring of activities

1-A DGEG and the certification body, in the event that it is an EMIE that posits

certification according to ISO 9001, and the DGEG and the IPAC, I.P., in the case of EIIE,

are responsible for the monitoring of the exercise of the activities carried out by

those entities.

2-In the framework of the follow-up provided for in the preceding paragraph, audits are carried out

techniques to the activity of EMIE and EIIE, with a view to verifying compliance with the

duties and applicable legal and regulatory standards, as well as, in the case of EMIE

certified, periodic audits to be carried out by the certifying body, according

with the accreditation criteria applicable to that body.

3-In the case of EMIE, the audits referred to in the preceding paragraph may still be

carried out, the solicitation of DGEG, by one of the following entities:

a) Body notified under the scope of Decree-Law No. 295/98 of September 22,

amended by Decree-Law No 176/2008 of August 26;

b) Body notified under the scope of Decree-Law No. 103/2008 of June 26,

amended by Decree-Law No 75/2011 of June 20;

c) EIIE.

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4-The report of the audit may propose the suspension or revocation of the recognition, the

decide in accordance with Article 16 (3) or Article 27 (3), depending on whether it deals with

of EMIE or EIIE, respectively

Article 30.

Duties of information

1-The EMIE and EIIE shall communicate, in writing, to the municipal chamber territorially

competent all situations in which the owners do not comply with their

determinations or refuse to carry out interventions that are necessary, whenever

understand that the situation in question jeopardize the safety of persons and property.

2-In addition to the provisions of the preceding paragraph, EIIE established in Portugal shall

draw up annual reports, contemplating the activities developed and identifying,

notably, the result of the inspections carried out, with a view to improving the

existing lifting facilities, which are to be delivered at DGEG to the end

of the month of January of the year following that to which they respect.

CHAPTER VI

Supplementary, transitional and final provisions

Article 31.

Counterorders

1-Constitui counterordinance:

a) The non-elaboration and delivery of reports provided for in Article 30 (2), by

part of the EIIE;

b) The lack of the suitably updated civil liability insurance policy or

of the financial guarantee contracting voucher or instrument

equivalent, under the terms of Articles 8 and 19, whichef is applicable;

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c) The EMIE activity exercise established in Portugal without being recognized

by DGEG, as provided for in Article 2 (3), or in free provision of

services, without prior communication pursuant to Article 28 (2) and (3);

d) The non-existence of minimum staffing framework in EMIE or the hiring of

technicians responsible for maintenance that do not comply with the provisions of Article 6;

e) The EIIE activity exercise established in Portugal without being recognized

by DGEG, as provided for in Article 2 (3), or in free provision of

services, without prior communication in accordance with Article 28 (4);

f) The non-existence of minimum staffing framework in EIIE or the hiring of director

coach or inspectors who do not comply with the provisions of Article 18;

g) The violation of the professional secrecy provided for in Article 20 (4), by

an EIIE.

h) The exercise of vocational training activity by entity without certification

valid, in accordance with Article 39, as well as rape, by body part

of training, of the constant duties of that same article or the violation of duty

of organising technical-pedagogical dossier for each training action in the area of

lifting facilities under the terms of the Portaria No. 851/2010 of September 6.

2-A counterordinance provided for in the paragraph a) of the previous number is punishable by fine of

EUR 375 to EUR 3000, if the offender is a natural person, and from 3750 EUR to

30000 EUR, if the offender is a collective person.

3-The counterordinations provided for in points b) a g) of paragraph 1 are punishable with a fine of

EUR 750 to EUR 3750, if the offender is a natural person, and from 7500 EUR to

37500 EUR, if the offender is a collective person.

4-A counterordinance provided for in the paragraph h) of paragraph 1 is punishable with fine of EUR 250 to

4000 EUR, if the offender is a natural person, and from EUR 2500 to EUR 40000, if the

offender for a collective person.

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5-A negligence and the attempt are punishable by being the minimum and maximum amounts of the

fines applicable under the terms of paragraphs 2 a to 4 reduced to half, in case of

negligence, and the especially mitigated sanction, in the event of an attempt.

6-As a function of the seriousness of the infraction and the fault of the offender, the

ancillary sanctions provided for in paragraph b) of Article 21 (1) and in Article 22 (1)

of the general regime of the counterordinations, approved by the Decree-Law No. 433/82, of 27 of

October.

Article 32.

Instruction of the process, application of fines and ancillary sanctions

1-A competence to determine the establishment of the counterordinating processes and

apply for the fines and ancillary sanctions is from the Director General of Energy and Geology.

2-Without prejudice to the provisions of Article 40 (3), the product of the applied fines reverses

in 60% for the State and 40% for the DGEG.

Article 33.

Fees

1-Are due fees to DGEG for the recognition of EMIE and EIIE, by the

recognition of professional qualifications acquired outside the national territory, by the

certification of training bodies and the carrying out of audits, which are

consignments to the satisfaction of the charges incurred.

2-The value, the distribution of the product and the way of collection of the fees to which it respects the

previous number are set by portaria of the Government member responsible for the area

of the energy.

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Article 34.

One-stop shop

1-All applications, communications and notifications, provided for in this Law, among the

interested and other actors in the procedures for enrolment and recognition

or arising from the exercise of the maintenance and inspection activities of facilities of

elevation, are carried out by electrolytic means, through the single electrolytic counter of the

services, accessible through the Company's Portal or the website of the DGEG.

2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible

compliance with the provisions of the preceding paragraph, any other means may be used

legally permissible.

Article 35.

Listing of entities

DGEG shall publish, in particular through the electronic single-counter of the services

referred to in Article 6 of the Decree-Law No. 92/2010 of July 26 and its website,

listings of the recognized EMIE and EIIE and that operate on national territory in regime of

free provision of services.

Article 36.

Delegation of competences

DGEG may delegate to another entity, upon contract, the competences in respect of

recognition of EMIE and EIIE, of prescribing the prior communication of EMIE and

EIIE in regime of free provision of services, recognition of qualifications

professionals and to carry out audits, which are entrusted to you through this Law.

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Article 37.

Administrative cooperation

The competent administrative authorities pursuant to this Act shall provide and request,

to the administrative authorities of the other member states and to the European Commission ,

mutual assistance and take the necessary steps to cooperate effectively,

notably through the Internal Market Information System, within the framework of the

procedures relating to service providers already established in another State

member, pursuant to Chapter VI of Decree-Law No. 92/2010 of July 26.

Article 38.

Transitional provisions

1-The lift maintenance companies, henceforth designated by EMA, existing à

date of entry into force of this Law, they retain their enrollment until the expiry of their

validity, and may perform the duties assigned to the EMIE during that period.

2-Inspective entities, henceforth designated by EI, existing at the date of entry into

vigour of this Law, they retain their recognition until the end of their validity,

may perform the duties assigned to EIIE during that time.

3-Without prejudice to the provisions of the preceding paragraphs and in paragraph 7, at any time, IS

may apply for your recognition as EIIE and the EMA may apply for your

recognition as EMIE, pursuant to this Law.

4-Without prejudice to the provisions of paragraph 7, the EMA which already has certification in accordance with

the ISO 9001 for the maintenance activities of lifting facilities, granted by

entity accredited by IPAC, I.P., or by a signatory homologous entity of the agreement

multilateral EA, do not lack new certification for the purposes of the respect

recognition as EMIE.

5-Without prejudice to the provisions of paragraph 7, the IS already accredited, for the activities provided for in the

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n Article 2 (2), according to ISO/IEC 17020, by IPAC, I.P., or by entity

the signatory homologous of the EA multilateral agreement, do not lack new accreditation

to be considered, in the frame and for the purposes of the respect recognition as

EIIE, accredited entities.

6-The technical directors, the responsible maintenance technicians and the inspectors with

professional titles of engineers or technical engineers, who legally presenter

services at the date of the entry into force of this Law, may continue to exercise the

respects functions within the framework of the EMA, EMIE, EI and EIIE, with no need for any

formality.

7-The responsible maintenance technicians and the inspectors with qualifications of

electricians, electrician or equiped assemblers and the experience in the maintenance of

lifts, assemblage, mechanical ladders and rolling carpets required under the terms of the

Decree-Law No. 320/2002 of December 28, which legally presages services at the date

of the entry into force of this Law, they shall, within the maximum period of five years after this

date, attend and get to take advantage in course of updating taught by

certified training body under the following article, after which they can

continue to exercise the duties in the framework of the EMA, EMIE, EI and EIIE, without

need for any additional formality.

Article 39.

Update training bodies

1-A The certification of the training bodies referred to in paragraph 7 of the previous article follows the

troves of the Portaria No 851/2010 of September 6 with the following adaptations:

a) The competent entity for the certification is DGEG;

b) They are duties of the training bodies:

i) Observe principles of independence and equal treatment of

all candidates for training and trainees;

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ii) Collaborate in the audits;

iii) Change the content of the formative subjects, where changes and

legal innovations or technical nature justifies it;

iv) To provide DGEG with the elements concerning the exercise of the activity, always

how this is requested to them;

v) Maintain, for the period of 10 years, the registration of the training shares

carried out, as well as the individual processes of the trainees;

vi) Communicate beforehand to DGEG the place, date and time of achievement of the

training actions, and their changes, as well as the identification of the

trainees, in advance of eight working days and three working days,

respects;

vii) Issue the certificates of qualifications of the trainees who obtain

take advantage.

c) They are approved by porterie of the Government member responsible for the area of

energy other specific requirements, in complement or derogation from the

constants of the Portaria No 851/2010 of September 6, particularly requirements

relative to the content, duration and organization of the training actions.

2-A The certification of training bodies, by DGEG, whether express or tacit, is

communicated to the competent central departments of the ministries responsible for the area of

vocational training, within 10 days.

3-A DGEG releases the list of the certified training bodies on its website

Internet.

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Article 40.

Abrogation standard

Article 6 (5), Article 10 (5), paragraphs 2 and 3 of Article 25 and 3 of Article 25 and

the Annexes I and IV to Decree-Law No 320/2002 of December 28.

Article 41.

Autonomous Regions

1-The acts and procedures necessary for the implementation of this Law in the Autonomous Regions

of the Azores and Madeira compete for the entities and bodies of the respective administrations

regional with assignments and competences in the subjects concerned.

2-Pursuant to Art. 17 (1) of the Decree-Law No. 92/2010 of July 26, the

controls exerted, either by the bodies of the State Central Administration or

by the competent entities and bodies of the administrations of the Autonomous Regions, in the

scope of this Law, they are valid for the entire national territory.

3-The product of the fines resulting from the counterordinations provided for in this Law, applied

in the Autonomous Regions, constitutes own revenue from these.

Article 42.

Entry into force

This Law shall come into force within 30 days after it is published.

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Seen and approved in Council of Ministers of June 19, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs