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Decree Law No. 25/2011


Publication: Republic Diary No. 31/2011, Series I of 2011-02-14
  • Issuer: Ministry of Economy, Innovation and Development
  • Diploma Type: Decree Law
  • Number: 25/2011
  • Pages: 784 - 793

Summary in plain english

What is it?

This decree-law introduces into the Portuguese law the European Directive 2009/142/CE about gas appliances.

What will change?
Gas appliances and equipment must ensure user safety

Gas appliances and the equipment used with those appliances (such as safety mechanisms) must be designed and manufactured  so as not to pose any danger to people, domestic animals or assets.

When these products are sold, they must include:

  • instructions for the person who is installing them
  • user and maintenance instructions for users, in Portuguese
  • CE marking referring the type of gas used, the gas pressure and the necessary precautions (for instance, that the product can only be installed in a well-ventilated place).
CE marking shows that the product complies with EU legislation

Gas appliances may only be sold on the European market if they have the CE marking, a label by which the manufacturer ensures that an appliance complies with the law and the European norms and does not endanger the health and safety of its users.

To do so, the manufacturer must:

  • have an evaluation made by a certification company, which confirms that the appliance complies with the laws and norms required
  • make a 'declaration of conformity' which states that all the appliances are produced in the same manner as the certified one
  • put the CE marking in each appliance produced
  • allow the certification company to regularly check the quality of the appliances produced (by making, for instance, surprise visits, tests and audits).

Regarding gas equipment that is used in appliances, CE marking is not compulsory.   The equipment only needs to be certified.

Monitoring

Manufacturers, or their representatives, that don’t comply with these rules may have to pay fines:

  • 498 to 2493 Euros, if they are individuals
  • 3740 to 44890 Euros, if they are companies.

If an appliance, even if it carries the CE marking, endangers the safety of  its users, the Authority for Economic and Food Safety (ASAE) can prohibit its sale and recall the appliance.

Companies that evaluate and certify gas appliances must be approved by the Portuguese Accreditation Institute within 24 months of this decree-law coming into effect.

The list of approved certification companies is sent to the European Commission by the Portuguese Institute for Quality, which also publishes it on their internet page. Each certification company has an ID number that appears next to the CE marking which identifies the company responsible for controlling the appliance's production.

What are its benefits?

This decree-law is intended to:

  • ensure the safety of people, domestic animals and assets
  • gather all the scattered information into one decree-law, making it more accessible.
When does it come into effect?

This decree-law will come into effect thirty days after being published.

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.