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Decree Law No. 41/2021


Publication: Republic Diary No. 106/2021, Series I of 2021-06-01
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 41/2021
  • Pages: 7 - 10

Summary in plain english

What is it?

This decree-law creates the sanctions framework applicable to the breach of the provisions of the Regulation on protection against the effects of the extra-territorial application of third-country legislation and measures based thereon or resulting therefrom.

What is going to change?

This decree-law applies:

      - To all natural persons resident in the European Union and nationals of a Member State;

      - To all legal persons registered in the European Union;

      - To any other natural persons resident in the European Union, except if they are in the country of which they are nationals;

      - To any other natural persons in the territory of the European Union, including its territorial waters and airspace (in the exercise of a professional activity).

This decree-law defines what "persons resident in the European Union" are - these are persons legally established in the European Union for a period of at least 6 months during the 12 months immediately preceding the date on which an obligation arises or a right is exercised under the Regulation.

Natural or legal persons must notify the Directorate-General for Economic Activities (DGAE) of the request and the granting of authorisation for compliance, in whole or in part, with the requirements or prohibitions resulting from the legislation identified in the annex to the Regulation.

This decree-law establishes administrative offences and fines. The amount of the fine must take into account the value of the economic interests affected and the repetition of the practice of the infractions.

The Authority for Food and Economic Safety (ASAE) is responsible for supervising compliance with this Decree-Law and opening and preparing the respective administrative offence proceedings.

What advantages does it bring?

This decree-law aims to approve a sanctions framework with the objective of safeguarding the established legal order, as well as the interests of the European Union and of natural and legal persons exercising rights under the Treaty establishing the European Union.

When does it enter into force?

This decree-law enters into force on the day following its publication.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

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.