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Decree Law No. 28/2021


Publication: Republic Diary No. 76/2021, Series I of 2021-04-20
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 28/2021
  • Pages: 8 - 13

Summary in plain english

What is it?

This decree-law ensures the implementation of the European rules on labelling and the provision of uniform information on energy-related products placed on the market or put into service, in the field of energy efficiency and consumption of energy and other resources during their use, as well as additional information on the same products.

It also defines the entities responsible for monitoring, controlling and supervising compliance with the European rules, as well as the penalties applicable in the event of non-compliance.

What is going to change?

The Directorate-General for Energy and Geology is the competent national authority to monitor the implementation of the European rules on labelling and the provision of uniform and supplementary information on energy-related products.

It is responsible, namely, for:

    • Coordinating the articulation between the bodies involved in matters related to the energy efficiency of the products;
    • Carrying out information campaigns on the introduction of the new energy labels, as well as on the rescaling of the existing ones;
    • Ensuring the provision of information to economic operators.

The external border control of the products covered is the responsibility of the Tax and Customs Authority.

The Food and Economic Safety Authority (ASAE) is responsible for supervising compliance with European rules.

The following constitute a very serious administrative offence, under the terms of the Legal Scheme of Economic Administrative Offences (RJCE), for example:

    • Placing products on the market without the respective labels and information sheets;
    • Failure to comply with the rules for making labels and information sheets available for the products covered;
    • Placing on the market products designed in breach of European rules.

Under the terms of the RJCE, the following constitute a serious economic offence, for example:

    • Failure to provide information in the database on the products covered;
    • Failure to comply with the rules on making technical documentation available for inspection;
    • Failure to comply with the obligation to provide information on the energy efficiency class of the product and the range of energy efficiency classes.

The administrative offence proceedings are initiated and instructed by ASAE.

The application of fines and accessory sanctions is the responsibility of the Inspector-General of ASAE.

What advantages does it bring?

This decree-law ensures compliance with European rules on labelling and the provision of uniform information on energy-related products, so as to guarantee that consumers make an informed choice of the most energy-efficient products.

It thus contributes to reducing their energy consumption and to meeting the European objectives of energy efficiency, protecting the environment and combating climate change.

When does it enter into force?

This decree-law enters into force on 21 April 2021, and certain provisions take effect on 1 July 2021.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.